HomeMy WebLinkAbout20163278.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR CRIME VICTIM SERVICES LAW
ENFORCEMENT FOR BILINGUAL ADVOCATE AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statue and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Grant Agreement for Crime Victim
Services Law Enforcement for Bilingual Advocate between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's
Office and the Colorado Department of Public Safety, Division of Criminal Justice, commencing
upon the full execution of signatures, and ending December 1, 2017, with further terms and
conditions being as stated in said grant agreement, and
WHEREAS, after review the Board deems it advisable to approve said grant agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Grant Agreement for Crime Victim Services Law Enforcement for
Bilingual Advocate between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado
Department of Public Safety, Division of Criminal Justice, be and hereby is approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said grant agreement.
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2016-3278
SO0037
RE: GRANT AGREEMENT FOR CRIME VICTIM SERVICES LAW ENFORCEMENT FOR
BILINGUAL ADVOCATE AND AUTHORIZE CHAIR TO SIGN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 19th day of October, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrAdA)
Weld County Clerk to the Board
BY: �,.0
Deputy Clerk to the Board
AP'' IW D
County Attorney
Date of signature: n t 8'! (co
enilL
Mike Freeman, Chair
r
iflTCozad
/ 04.-Ar
rbara Kirkmey r
Steve Moreno
2016- 3z i
SO0037
MEMORANDUM
DIVISION OF
CRIMINAL JUSTICE
700 Kipling Street, Suite 1000
Denver, Colorado 80215
(303) 239-4442
DATE: December 2016
TO: Crime Victims Services (CVS) Grantee
FROM: Ashley Riley Lopes, Grants Administrator
SUBJECT: CY2017 CVS Grant Agreement
Jeanne M. Smith
DIRECTOR
Enclosed please find your copy of the fully executed grant agreement/contract that contains your
approved goals and objectives and the specific budget for your project for January 1, 2017 — December
31, 2017. This is the legal document for your grant award.
Based on a statewide decision, the entire Division of Criminal Justice migrated off of the Colorado
Grant Management System (COGMS) effective November 1, 2016. Because of this, all required
reporting forms will be available on our website at http://dcj.state.co.us/home/grants/dcj-common-
reporting-forms. All grantees will be required to complete and submit quarterly financial and narrative
reports, and payment requests. These forms will need to be completed using our newly created Tillable
pdf forms that can also be completed with electronic signatures. Because of new federal requirements,
VOCA grantees are also required to submit a quarterly statistical report in the federal Office for
Victims of Crime's Performance Measurement Tool (PMT) system. Current VOCA grantees with a
calendar year 2016 grant are already familiar with this system; new VOCA grantees will receive
separate information about quarterly reporting in this system. Please remember that VAWA and SASP
grantees will still be required to report using the annual Muskie form, so the tracking of demographic
data is still necessary.
Below is the timetable for when reports are due:
Period
Name
of
Report
Due
Date
e-mail
PMT
system)
of Report
or via
the
(via
Reporting
Jan.
1, 2017
— March
31,
2017
•
CVS2- Narrative
Report (on website)
4-17-17
•
1-A - Financial
Report
(on website)
•
Form 3 - Payment
Request
(on website)
•
VOCA Grantees Only:
PMT
Federal
Statistical
Report
(link
to
PMT
system:
https://www.ovcpmt.org)
April
1, 2017
—
June 30, 2017
•
CVS2-
Narrative
Report
(on website)
7-7-17
•
1-A
- Financial
Report
(on website)
•
Form 3 - Payment
Request (on website)
•
VOCA Grantees Only: PMT
Federal
Statistical
Report
(link
to
PMT
system:
https
: //www. ovcpmt.
org )
July
1, 2017
— Sept.
30, 2017
•
CVS2- Narrative
Report (on website)
10-16-17
•
1-A - Financial
Report
(on website)
•
Form 3 - Payment
Request
(on website)
•
VOCA Grantees
Only:
PMT
Federal
Statistical
Report (link
to PMT
system:
https://www.ovcpmt.org)
Oct. 1, 2017
— Dec.
31, 2017
•
CVS2- Narrative
Report (on website)
1-15-18
•
1-A -
Financial Report
(on website)
•
Form 3 -
Payment Request
(on website)
•
VOCA Grantees
Only:
PMT Federal
Statistical
Report (link to
PMT
system:
https://www.ovcpmt.org)
•
VAWA
or SASP
& SASP Grantees
Program Annual
Only:
Progress
STOP
Report
mail
(your Grant
the report to you)
Manager will
e-
Please Remember: In an attempt to make the reporting process less burdensome, all of our reporting
forms are now available as Tillable pdfs and can be completed using electronic signatures.
• Narrative forms should be e -mailed to: meghan.hartvigson-mcintyre@state.co.us.
• Financial reports should be e -mailed to: cheryl.shoup@state.co.us.
• Forms can be submitted via e-mail or mail, and back-up documentation required with certain
expenditures can also be scanned and submitted via e-mail or mailed to our office at:
Division of Criminal Justice
Office for Victims Programs
700 Kipling St.
Denver, CO 80215
• The PMT reports are submitted directly through the online PMT system.
Listed below is additional information to keep in mind while implementing your grant:
• Please read all of the terms and requirements of your grant agreement, if you have not already
done so.
• Review all of the information for your grant, especially the approved budget and goals and
objectives.
• Remember, your Agency must notify the Office for Victims Programs immediately in writing,
via e-mail or regular mail of the following: 1) any CVS grant -funded personnel change; 2) any
CVS grant -funded position that is vacant for 45 days; and, 3) any change of an official and/or
employee who is listed as a responsible party on this CVS grant -funded project.
p
• Please e-mail or mail your 2015 Audit or Financial Review to lee.hettema@state.co.us when
completed.
• OVP reimburses grantees for actual project expenses at the end of each quarter. Please provide
your Financial Officer or bookkeeper with the budget pages from the grant agreement so that
they may accurately charge the line items in your approved budget to this specific grant in your
accounting system.
• Financial back-up documentation is required for all emergency assistance expenditures and
emergency financial assistance cannot be given directly to the victim.
• Office for Victims Programs can only pay the prorated amount agreed to in the budget, even if
the item is less expensive than you anticipate.
• Contact your grant manager or grant financial manager if you have specific questions regarding
your grant:
Grant Managers:
o Louise Esquibel (303)239-4402
o Debbie Kasyon (303)239-5703
o Jill Nore (303)239-5714
o Alison Williams Helm (303) 239-4167
o Ashley Riley Lopes (303)239-4529
Grant Financial Managers:
o Laura Montoya
o Kathy Holland
(303)239-4650
(303)239-4395
louise.esquibel@state.co.us
debbieskasyon@state.co.us
jill.nore@state.co.us
alison.williams-helm@state.co.us
ashley.lopes@state.co.us
laura.montoyaastate.co.us
kathryn.hollandastate.co.us
We are glad to help you with any questions or concerns you have about your grant. Please do not
hesitate to contact us.
DETAILED INSTRUCTIONS FOR
COMPLETING CONTACT SIGNATURE SHEET
HEADING
Grantee; This is the agency to which the grant award was made.
Grant Number: This is the grant number assigned to the project by DCJ. It can be found on the Grant Award Documents.
Project Title: This is the name of the project which is identified on the Grant Award Documents.
Agency Name; This is the name of the agency to which the grant award was made.
Contact Signature Sheet
Supply the name of each person who will hold the position of primary contact, project director, signature authority, financial
officer. and executive direcotr if applicable. Print or type the name, title, agency, mailing address, telephone and fax
number, and email address for each person. The original signature of each person is required.
Primary Contact (if other than the Project Director). The primary contact is the person DCJ staff will contact with day-to-day
questions regarding your grant.
Protect Director: The project director is the individual who will be in direct charge of the project. This should be a person who
has knowledge and experience in the project area and ability in administration and supervision of personnel. The project
director will be expected to devote a major portion of his/her time to the project.
Financial Officer: The financial officer is the person who will be responsible for fiscal matters relating to the project and in
ultimate charge of accounting, management of funds, verification of expenditures and grant financial reports. This must be an
individual other than the project director
Signature Authority: This is the individual authorized to enter into binding commitments on behalf of the applicant agency.
This must be an individual other than the Project Director or Financial Officer. In local units of government, this individual will
normally be a city manager, district attorney, mayor and/or commissioner. At the state level, this individual will be a
department or division head. For private non-profit agencies. this individual will be the Chair of the Board of Directors.
Executive Director 'if applicable): The executive director is the person who is hired by the Board of Directors of a non-profit
agency and has overall staff responsibility for the agency.
2016-3278
COLORADO DIVISION OF CRIMINAL JUSTICE
CERTIFICATION OF COMPLIANCE WITH REGULATIONS
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (DCJ FORM 30)
INSTRUCTIONS: Complete the table below with information found in the Grant Agreement. Read the form completely,
identify the person responsible for reporting civil rights findings, certify that the required Civil Rights training has been
completed by the Project Director; and check only one certification under "II" that applies to your agency. Have your
Signature Authority sign at the bottom of page 2, forward a copy to the person identified as being responsible for reporting
civil rights findings and return the original to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO
80215, within 45 days of the grant award beginning date.
GRANTEE NAME & ADDRESS:
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
GRANT NUMBER:
2015 -VA -16-013724-19
PROJECT
Bilingual
TITLE:
Advocate
Unit
AWARD
64,490
($):
PROJECT
FROM: 1/1/17
DURATION:
T°: 12/31/18
PROJECT DIRECTOR:
Debbie Calvin
970-397-5935
PHONE:
Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email)
Patricia S. Russell, Director of Human Resources
1150 "O" Street
Greeley, CO 80631
970-400-4230
I acknowledge that I viewed all of the trainings on Civil Rights available on DCJ's website at
http://dcj.state.co.us/home/grants. I accept responsibility for ensuring that project staff understands their responsibilities as
outlined 'n presentations. I understand that if I have any questions about the material presented and my responsibilities as
a grantee that I will contact my grant manager.
PROJECT DIRECTOR SIGNATURE
io)i°il,re
DATE
SIGNATURE AUTHORITY'S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my
signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification.
I. REQUIREMENTS OF GRANT RECIPIENTS: All grant recipients (regardless of the type of entity or the amount awarded)
are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide
meaningful access for persons with limited English proficiency.
•I certify that this agency will maintain data (and submit when required) to ensure that: our services are delivered in an
equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity
Requirements, 28 CFR 42.207 and 42.301 et seq.; our projects and activities provide meaningful access for people with
limited English proficiency as required by Title VI of the Civil Rights Act, (See also, 2000 Executive Order #13166).
♦I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of
discrimination will submit these findings, if any, to the Division of Criminal Justice within 45 days of the finding, and/or if
the finding occurred prior to the grant award beginning date, within 45 days of the grant award beginning date.
Page 1 of 2 DCJ30 v9
2,16 - 327/
(Rev. 05/16)
DCJ FORM 30:
CERTIFICATION OF COMPLIANCE WITH REGULATIONS,
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (Continued)
II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the box before ONLY ONE
APPROPRIATE CERTIFICATION (A, B, or C below) that applies to this grantee agency during the period of the grant
duration noted above.
°CERTIFICATION "A" (NO EEOP IS REQUIRED if (1), (2) or (3), below, apply.( This is the Certification that
most non -profits and small agencies will use. Check all that apply to your entity.
This funded entity:
(1) is an educational, medical or non-profit organization or an Indian Tribe;
(2) has less than 50 employees;
(3) was awarded through this single grant award from the Colorado Division of Criminal Justice less than
$25,000 in federal U.S. Department of Justice funds.
Therefore, I hereby certify that this funded entity is not required to maintain an EEOP, pursuant to 28 CFR §42.302.
CERTIFICATION "B" (EEOP MUST BE ON FILE)
This funded entity, as a for-profit entity or a state or local government having 50 or more employees (counting both full -
and part-time employees but excluding political appointees) and is receiving, through this single grant award from the
Colorado Division of Criminal Justice, more than $25,000, but less than $500,000 in federal U.S. Department of Justice
funds.
Therefore, I hereby certify that the funded entity has formulated an Equal Employment Opportunity Plan in accordance
with 28 CFR §42.305, subpart E, that it has been signed into effect within the last two years by the proper authority and
disseminated to all employees, and that it is on file for review or audit by the public, officials of the Division of Criminal
Justice or the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by applicable
federal law.
° CERTIFICATION "C" (EEOP MUST BE SUBMITTED) This funded entity, as a for-profit entity or a state or local
government having 50 or more employees (counting both full- and part-time employees but excluding political
appointees), and is receiving, through this single grant award from the Colorado Division of Criminal Justice, more than
$500,000 in federal U.S. Department of Justice funds.
Therefore, I hereby certify that the funded entity will submit, within 60 days of the award, an EEOP in accordance with
28 CFR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice that will
include a section specifically analyzing the grantee (implementing) agency. (If you have already submitted an EEOP
applicable to this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP
is acceptable.)
As the Signature Authority for the above grantee, I certify, by my signature below, that I have read and am fully cognizant of our
duties and responsibilities under this Certification. I, hereby, also certify that the content of this form, other than the data entry
required, has not been altered.
OCT 1 9 2016
SIG ATU E AUTHORITY SIGNATURE DATE
Mike Freeman
Board of County Commissioners Chairman
TYPED NAME TITLE
* * * * * * * * * *
This signed, form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 130215,
within 45 days of the grant award beginning date. You must also fforward a signed copy to the person identified in the box
above. DCJ will forward a copy to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
o2v/G
�z71
Page 2 of 2 DCJ30_v9 (Rev. 05/16)
COLORADO DIVISION OF CRIMINAL JUSTICE
Contact Signature Sheet
GRANTEE:
[Weld County Sheriffs Office
GRANT NUMBER:
2015 -VA -16-013724-19
PROJECT TITLE:
Bilingual Advocate Unit
PRIMARY CONTACT (if other than Project Director)
AGENCY NAME:
Weld County Government
NAME:
Jennifer Oftelie
DATE:
10/12/2016
TITLE:
Business and Budget Manager
AGENCY:
Weld County
Sheriffs Office
MAILING ADDRESS:
1950 O Street
CITY:
Greeley I
STATE:
CO
ZIP:
80631
EMAIL:
joftelie@co.weld.co.us
J(-
PHONE NUMBER:
970-400-2872
FAX NUMBER:
970-304-6467
SIGNATURE:
1
PROJECT"DIRECT OR
NAME:
TITLE:
I Debbie Calvin
Director of Victims Services
MAILING ADDRESS:
AGENCY:
i
DATE:
10/12/2016
Weld County Sheriffs Office
i
1950 O Street
CITY: Greeley
STATE:
EMAIL:
dcalvin@co.weld.co.us
CO
i
ZIP:
80631
PHONE NUMBER:
NAME:
TITLE:
SIGNATURE AUTHORITY
FAX NUMBER: l 970-304-6467
IMike Freeman
Board of County Commissioners Chair
MAILING ADDRESS:
CITY:
Greeley
AGENCY:
DATE:
Weld Coun
10/12/2016
Government
1150 "O" Street
STATE:
EMAIL:
mfreeman@co.weld.co.us
CO
ZIP:
80631
PHONE NUMBER:
970-336-7204
FAX NUMBER:
i
970-336-7233 x 4021
SIGNATURE: Milt gria... _
QCt 1,9 2016
(Rev. 9/16)
e°12°/- Stile
FINANCIAL OFFICER
NAME
Barbara Connolly
DATE:
10/12/2016
TITLE:
Controller
AGENCY:
Weld County Government
MAILING ADDRESS:
1150
"O" Street
CITY:
Greeley
STATE:
CO
ZIP:
80631
EMAIL:
b
bconnolly@co.weld.co.us
PHONE NUMBER:
970-400-4445
FAX NUMBER:
970-352-9019
SIGNATURE:
Qdatrio4
EXECUTIVE DIRECTOR IaQQlrca_ble for non-profit wearies)
NAME.
DATE:
-1
TITLE:
J
AGENCY:
MAILING ADDRESS:
CITY:
STATE:
ZIP:
EMAIL:
PHONE NUMBER:
FAX NUMBER:
SIGNATURE:
Page 2
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Grant #
CMS #
CFDA #
State/Federal Award #
2015 -VA -16-013724-19
N/A
16.575
2015-VA-GX-0040
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
GRANT AGREEMENT
with
County of Weld
TABLE OF CONTENTS
1. PARTIES
2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
2
3. RECITALS
2
4. DEFINITIONS
3
5. TERM
5
6. STATEMENT OF WORK
5
7. PAYMENTS TO GRANTEE
6
8. REPORTING - NOTIFICATION
8
9. GRANTEE RECORDS
8
10. CONFIDENTIAL INFORMATION - STATE RECORDS
10
11. CONFLICTS OF INTEREST
10
12. REPRESENTATIONS AND WARRANTIES
11
13. INSURANCE
12
14. BREACH
14
15. REMEDIES
14
16. NOTICES AND REPRESENTATIVES
17
18
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
18. GOVERNMENTAL IMMUNITY
18
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
18
20. GENERAL PROVISIONS
19
21. COLORADO SPECIAL PROVISIONS
22
22. SIGNATURE PAGE
25
EXHIBIT Al - SPECIAL CONDITIONS
26
EXHIBIT A2 - GRANT REQUIREMENTS
33
EXHIBIT A3 - COLORADO SUPPLEMENTAL PROVISIONS FOR FFATA
38
EXHIBIT A4 - ADDITIONAL FEDERAL REQUIREMENTS
44
EXHIBIT B1 - STATEMENT OF WORK
59
.8t I
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
EXHIBIT C - SAMPLE OPTION LETTER
EXHIBIT D - SAMPLE GRANT FUNDING CHANGE LETTER
.8g
EXHIBIT E - SAMPLE CONTRACT AMENDMENT
Generate Award Documents
Page 1
10/19/2016
gip /&.- 3a72(2--
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
1. PARTIES
This Grant Agreement (hereinafter called "Grant") is entered into by and
between County of Weld (hereinafter called "Grantee"), and the STATE OF
COLORADO acting by and through the Department of Public Safety,
Division of Criminal Justice (hereinafter called the "State or DCJ.").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Grant shall not be effective or enforceable until it is approved and
signed by the Colorado State Controller or designee (hereinafter called the
"Effective Date"). The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including, but not limited to costs or
expenses incurred, or be bound by any provision hereof prior to the
Effective Date. Provided, however, that authorized Pre -award Costs
incurred prior to the Effective Date may be submitted for reimbursement
as provided in §7(B)(v) below.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in Colorado Revised Statutes 24-
33.5-503 and 507. Funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains
available pursuant to United States Department of Justice, Office of
Justice Programs, under federal statutory authority Victims of Crime Act
(VOCA) of 1984 as amended, 42 U.S.C. 10601, et seq., Section 1404 of
VOCA, Public Law 98-473, as amended, codified at 42 U.S.C. 10603, and
under applicable program rules and regulations established by the federal
program office as referenced under CFDA number(s) 16.575 to the
Colorado Division of Criminal Justice. A sufficient unencumbered balance
thereof remains available for payment.
Required approvals, clearance and coordination have been accomplished
from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants
contained herein and other good and valuable consideration are sufficient
and adequate to support this Grant.
C. Purpose
The federal Victims of Crime Act (VOCA) Program allows agencies to
support activities that provide a broad range of direct services to victims
of crime.
Generate Award Documents
Page 2
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
D. References
All references in this Grant to sections (whether spelled out or using the §
symbol), subsections, exhibits or other attachments, are references to
sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as
follows:
A. Budget
"Budget" means the budget for the Work described in Exhibit B2 — Budget
and Budget Narrative.
B. Equipment
"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.
C. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it
based on criteria established in §6 and Exhibit B1 - Statement of Work.
D. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein:
Exhibit Al (Special Conditions ), Exhibit A2 (Grant Requirements), Exhibit
A3 (Colorado Supplemental Provisions for FFATA), Exhibit A4 (Additional
Federal Requirements), Exhibit B1 (Statement of Work), Exhibit B2 (Budget
and Budget Narrative), Exhibit C (Sample Option Letter), Exhibit D (Sample
Grant Funding Change Letter), Exhibit E (Sample Contract Amendment).
E. Forms
"Forms" are a type of document with various different blank spaces for
answers or information to document or request information and attached
as exhibits or provided to the Grantee throughout the term of this grant.
Forms will be periodically updated, changed, modified, adjusted,
transformed, amended, or altered at the discretion of the State and
provided to the Grantee to best meet the needs of the information being
collected and recorded.
F. Goods
"Goods" means tangible material acquired, produced, or delivered by
Grantee either separately or in conjunction with the Services Grantee
renders hereunder.
G. Grant
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Page 3
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
"Grant" means this Grant, its terms and conditions, attached exhibits,
documents incorporated by reference under the terms of this Grant, and
any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and
State Controller Policies.
H. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee
pursuant to this Grant.
I. Grant Management System
"Grants Management System" (GMS) means any online electronic grant
system used to solicit, apply, review, manage, and close out a grant. (Use
of a GMS is established by the state agency or division managing the
grant funds).
J. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State
and Grantee.
K. Program
"Program" means the grant program that provides the funding for this
Grant.
L. Review
"Review" means examining Grantee's Work to ensure that it is adequate,
accurate, correct and in accordance with the criteria established in §6 and
Exhibit B1 - Statement of Work and Exhibit B2 - Budget and Budget
Narrative.
M. Services
"Services" means the required services to be performed by Grantee
pursuant to this Grant.
N. Subgrantee
"Subgrantee" means third -parties, if any, engaged by Grantee to aid in
performance of its obligations.
O. Work
"Work" means the tasks and activities Grantee is required to perform to
fulfill its obligations under this Grant and Exhibit B1 — Statement of Work,
including the performance of the Services and delivery of the Goods.
P. Work Product
"Work Product" means the tangible or intangible results of Grantee's
Work, including, but not limited to, software, research, reports, studies,
data, photographs, negatives or other finished or unfinished documents,
drawings, models, surveys, maps, materials, or work product of any type,
including drafts.
Generate Award Documents
Page 4
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
5. TERM
A. Initial Term -Work Commencement
Unless otherwise permitted in §2 above, the Parties respective
performances under this Grant shall commence on the later of either the
Effective Date or January 01, 2017. This Grant shall terminate on
December 31, 2017 unless sooner terminated or further extended as
specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided
in §16, may unilaterally extend the term of this Grant for a period not to
exceed two months if the Parties are negotiating a replacement Grant (and
not merely seeking a term extension) at or near the end of any initial term
or any extension thereof. The provisions of this Grant in effect when such
notice is given, including, but not limited to prices, rates, and delivery
requirements, shall remain in effect during the two month extension. The
two -month extension shall immediately terminate when and if a
replacement Grant is approved and signed by the Colorado State
Controller.
C. State's Option to Extend
The State may require continued performance for a period of 1 year at the
same rates and same terms specified in the Grant. If the State exercises
this option, it shall provide written notice to Grantee at least 30 days prior
to the end of the current Grant term in a form substantially equivalent to
Exhibit C — Sample Option Letter. If exercised, the provisions of the
Option Letter shall become part of and be incorporated into this Grant. The
total duration of this Grant, including the exercise of any options under
this clause, shall not exceed 5 years.
6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described
herein and in Exhibit B1 — Statement of Work on or before December 31,
2017. The State shall not be liable to compensate Grantee for any Work
performed prior to the Effective Date or after the termination of this Grant.
The State may increase or decrease the quantity of goods/services
described Exhibits B1 — Statement of Work and B2 - Budget and Budget
Narrative 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 C — 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.
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B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the
Work. Such procurement shall be accomplished using the Grant Funds
and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered
Grantee's or Subgrantees' employee(s) for all purposes hereunder and
shall not be employees of the State for any purpose as a result of this
Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee
in the following amounts and using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is
$64,490, as determined by the State from available funds. Grantee agrees
to provide any additional funds required for the successful completion of
the Work. Payments to Grantee are limited to the unpaid obligated balance
of the Grant as set forth in Exhibit B2 - Budget and Budget Narrative.
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit B2 — Budget
and Budget Narrative shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Grant or such Exhibit. Grantee shall
initiate any payment requests by submitting payment requests to the State
in the form and manner set forth and approved by the State. If a state
agency or division is using a GMS, payment requests shall be submitted
electronically by the Grantee and accepted electronically by the State
within the system. The Grantee shall maintain all grant related records
with original signatures on file within the Grantee's record and in
accordance with requirements in §9.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if
the amount invoiced represents performance by Grantee previously
accepted by the State. Uncontested amounts not paid by the State within
45 days may, if Grantee so requests, bear interest on the unpaid balance
beginning on the 46th day at a rate not to exceed one percent per month
until paid in full; provided, however, that interest shall not accrue on
unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts.
The billing shall reference the delinquent payment, the number of day's
interest to be paid and the interest rate.
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iii. Available Funds -Contingency -Termination
The State is prohibited by law from making fiscal commitments beyond the
term of the State's current fiscal year. Therefore, Grantee's compensation
is contingent upon the continuing availability of State appropriations as
provided in the Colorado Special Provisions, set forth below. If federal
funds are used with this Grant in whole or in part, the State's performance
hereunder is contingent upon the continuing availability of such funds.
Payments pursuant to this Grant shall be made only from available funds
encumbered for this Grant and the State's liability for such payments shall
be limited to the amount remaining of such encumbered funds. If State or
federal funds are not appropriated, or otherwise become unavailable to
fund this Grant, the State may immediately terminate this Grant in whole or
in part without further liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole 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, may be recovered
from Grantee by deduction from subsequent payments under this Grant or
other Grants, grants or agreements between the State and Grantee or by
other appropriate methods and collected as a debt due to the State. Such
funds shall not be paid to any person or entity other than the State.
v. Retroactive Payments
[Does not apply to State Funded Programs] The State shall pay Pre -award
Costs only if (1) the Federal Notice of Award allows reimbursement for
Pre -award Costs by a Grantee or Subgrantee from Federal Funds or
Matching Funds, or (2) the Pre -award Costs have been specifically detailed
in Grantee's grant budget, authorized by the State and incorporated in the
Budget for the Work described in Exhibit B2 - Budget and Budget
Narrative. Any such retroactive payments shall comply with State Fiscal
Rules and Grantee and any Subgrantees shall have complied with all
federal laws, rules and regulations applicable to the Work before the State
shall make such payments. Grantee shall initiate any retroactive payment
request by submitting invoices to the State that set out Grantee's
compliance with the provisions of this Grant.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in
the Budget. Grantee may adjust budgeted expenditure amounts up to 10%
within each line item of said Budget without approval of the State.
Adjustments in excess of 10% shall be authorized by the State in an
amendment to this Grant. The State's total consideration shall not exceed
the maximum amount shown herein.
D. Matching Funds
Grantee shall provide matching funds as provided in Exhibit B2 — Budget
and Budget Narrative. Grantee shall have raised the full amount of
matching funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request.
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8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in
accordance with the procedures of and in such form as prescribed by the
State and in accordance with §19, if applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall comply with all reporting requirements, if any, set forth in
Exhibits Al- Special Conditions and A2- Grant Requirements.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed
with a court or administrative agency, related to this Grant or which may
affect Grantee's ability to perform its obligations hereunder, Grantee shall
notify the State of such action and deliver copies of such pleadings to the
State's principal representative as identified herein. If the State's principal
representative is not then serving, such notice and copies shall be
delivered to the Executive Director of the Colorado Department of Public
Safety.
C. Performance Outside the State of Colorado and/or the United States
[Not applicable if Grant Funds include any federal funds] Following the
Effective Date, Grantee shall provide written notice to the State, in
accordance with §16 (Notices and Representatives), within 20 days of the
earlier to occur of Grantee's decision to perform, or its execution of an
agreement with a Subgrantee to perform, Services outside the State of
Colorado and/or the United States. Such notice shall specify the type of
Services to be performed outside the State of Colorado and/or the United
States and the reason why it is necessary or advantageous to perform
such Services at such location or locations. All notices received by the
State pursuant to this §8.C shall be posted on the Colorado Department of
Personnel & Administration's website. Knowing failure by Grantee to
provide notice to the State under this §8.C shall constitute a material
breach of this Grant.
D. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner
in accordance with this §8 may result in the delay of payment of funds
and/or termination as provided under this Grant.
E. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its
obligations hereunder shall be submitted to the State or its principal
representative upon request by the State. Any and all subgrants entered
into by Grantee related to its performance hereunder shall comply with all
applicable federal and state laws and shall provide that such subgrants be
governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
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Grantee shall make, keep, maintain and allow inspection and monitoring of
the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring
by the State of a complete file of all records, documents, communications,
notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of
Services (including, but not limited to the operation of programs) or Goods
hereunder. Grantee shall maintain such records (the Record Retention
Period) until the last to occur of the following: (i) a period of three (3) years
after the final financial report is submitted and approved by DCJ, or (ii)
final payment is made hereunder, whichever is later, or (iii) for such further
period as may be necessary to resolve any pending matters, or (iv) if an
audit is occurring, or Grantee has received notice that an audit is pending,
then until such audit has been completed and its findings have been
resolved (the "Record Retention Period").
B. Inspection
Grantee shall permit the State, the federal government and any other duly
authorized agent of a governmental agency to audit, inspect, examine,
excerpt, copy and/or transcribe Grantee's records related to this Grant
during the Record Retention Period for a period of three (3) years
following final financial report is submitted and approved by DCJ or final
payment hereunder, whichever is later, to assure compliance with the
terms hereof or to evaluate Grantee's performance hereunder. The State
reserves the right to inspect the Work at all reasonable times and places
during the term of this Grant, including any extension. If the Work fails to
conform to the requirements of this Grant, the State may require Grantee
promptly to bring the Work into conformity with Grant requirements, at
Grantee's sole expense. If the Work cannot be brought into conformance
by re -performance or other corrective measures, the State may require
Grantee to take necessary action to ensure that future performance
conforms to Grant requirements and exercise the remedies available
under this Grant, at law or inequity in lieu of or in conjunction with such
corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other
governmental agencies having jurisdiction, in their sole discretion, to
monitor all activities conducted by Grantee pursuant to the terms of this
Grant using any reasonable procedure, including, but not limited to:
internal evaluation procedures, examination of program data, special
analyses, on -site checking, formal audit examinations, or any other
procedures. All monitoring controlled by the State shall be performed in a
manner that shall not unduly interfere with Grantee's performance
hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a
portion of the term of this Grant, Grantee shall submit a copy of the final
audit report to the State or its principal representative at the address
specified herein.
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10. CONFIDENTIAL INFORMATION -STATE RECORDS
Grantee shall comply with the provisions of this §10 if it becomes privy to
confidential information in connection with its performance hereunder.
Confidential information, includes, but is not necessarily limited to, state
records, personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all
times and to comply with all laws and regulations concerning
confidentiality of information. Any request or demand by a third party for
State records and information in the possession of Grantee shall be
immediately forwarded to the State's principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who
may come into contact with State records and confidential information that
each is subject to the confidentiality requirements set forth herein, and
shall provide each with a written explanation of such requirements before
they are permitted to access such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any
third party or used by Grantee or its agents in any way, except as
authorized by this Grant or approved in writing by the State. Grantee shall
provide and maintain a secure environment that ensures confidentiality of
all State records and other confidential information wherever located.
Confidential information shall not be retained in any files or otherwise by
Grantee or its agents, except as permitted in this Grant or approved in
writing by the State.
D. Disclosure -Liability
Disclosure of State records or other confidential information by Grantee
for any reason may be cause for legal action by third parties against
Grantee, the State or their respective agents. To the extent permitted by
law, Grantee shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and
court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Grantee, or its
employees, agents, Subgrantees, or assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
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Grantee shall not engage in any business or personal activities or
practices or maintain any relationships which conflict in any way with the
full performance of Grantee's obligations hereunder. Grantee
acknowledges that with respect to this Grant, even the appearance of a
conflict of interest is harmful to the State's interests. 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 to the State hereunder. If a conflict
or appearance exists, or if Grantee is uncertain whether a conflict or the
appearance of a conflict of interest exists, Grantee shall submit to the
State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or
to follow the State's direction in regard to the apparent conflict constitutes
a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each
of which was relied on by the State in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the
highest standards of care, skill and diligence in the industry, trades or
profession and in the sequence and manner set forth in this Grant.
B. Legal Authority - Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this
Grant and that it has taken all actions required by its procedures, by-laws,
and/or applicable laws to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this Grant, or any part thereof, and to
bind Grantee to its terms. If requested by the State, Grantee shall provide
the State with proof of Grantee's authority to enter into this Grant within 15
days of receiving such request.
C. Licenses, Permits, Etc.
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Grantee represents and warrants that as of the Effective Date it has, and
that at all times during the term hereof it shall have, at its sole expense, all
licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder.
Grantee warrants that it shall maintain all necessary licenses,
certifications, approvals, insurance, permits, and other authorizations
required to properly perform this Grant, without reimbursement by the
State or other adjustment in Grant Funds. Additionally, all employees and
agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities.
Grantee, if a foreign corporation or other foreign entity transacting
business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and has designated a registered
agent in Colorado to accept service of process. Any revocation,
withdrawal or non -renewal of licenses, certifications, approvals,
insurance, permits or any such similar requirements necessary for
Grantee to properly perform the terms of this Grant shall be deemed to be
a material breach by Grantee and constitute grounds for termination of
this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as
specified in this section at all times during the term of this Grant. All
policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the
"GIA"), then 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 GIA. Grantee shall show proof
of such insurance satisfactory to the State, if requested by the State.
Grantee shall require each Grant with Subgrantees that are public entities,
providing Goods or Services hereunder, to include the insurance
requirements necessary to meet Subgrantee's liabilities under the GIA.
ii. Non -Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee
shall obtain and maintain during the term of this Grant insurance coverage
and policies meeting the same requirements set forth in §13(B) with
respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that
are public entities, providing Goods or Services in connection with this
Grant, to include insurance requirements substantially similar to the
following:
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i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and
Employer's Liability Insurance covering all of Grantee and Subgrantee
employees acting within the course and scope of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form
CG 00 01 10/93 or equivalent, covering premises operations, fire damage,
independent contractors, products and completed operations, blanket
contractual liability, personal injury, and advertising liability with minimum
limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general
aggregate; (c) $1,000,000 products and completed operations aggregate;
and (d) $50,000 any one fire. If any aggregate limit is reduced below
$1,000,000 because of claims made or paid, Subgrantee shall immediately
obtain additional insurance to restore the full aggregate limit and furnish
to Grantee a certificate or other document satisfactory to Grantee showing
compliance with this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired
and non -owned autos) with a minimum limit of $1,000,000 each accident
combined single limit.
iv. Additional Insured
The State of Colorado shall be named as additional insured on the
Commercial General Liability Insurance policies (leases and construction
Grants require additional insured coverage for completed operations on
endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any
insurance or self-insurance program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing
cancellation or non -renewal without at least 30 days prior notice to the
Grantee and Grantee shall forward such notice to the State in accordance
with §16 (Notices and Representatives) within seven days of Grantee's
receipt of such notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and
maintained by Grantee or its Subgrantees as required herein shall include
clauses stating that each carrier shall waive all rights of recovery, under
subrogation or otherwise, against Grantee or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
C. Certificates
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Grantee and all Subgrantees shall provide certificates showing insurance
coverage required hereunder to the State within seven business days of
the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall
deliver to the State or Grantee certificates of insurance evidencing
renewals thereof. In addition, upon request by the State at any other time
during the term of this Grant or any subgrant, Grantee and each
Subgrantee shall, within 10 days of such request, supply to the State
evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the
failure of either Party to perform any of its material obligations hereunder
in whole or in part or in a timely or satisfactory manner, constitutes a
breach. The institution of proceedings under any bankruptcy, insolvency,
reorganization or similar law, by or against Grantee, or the appointment of
a receiver or similar officer for Grantee or any of its property, which is not
vacated or fully stayed within 20 days after the institution or occurrence
thereof, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the
aggrieved Party to the other Party in the manner provided in §16. If such
breach is not cured within 30 days of receipt of written notice, or if a cure
cannot be completed within 30 days, or if cure of the breach has not begun
within 30 days and pursued with due diligence, the State may exercise any
of the remedies set forth in §15. Notwithstanding anything to the contrary
herein, the State, in its sole discretion, need not provide advance notice or
a cure period and may immediately terminate this Grant in whole or in part
if reasonably necessary to preserve public safety or to prevent immediate
public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, the State shall
have all of the remedies listed in this §15 in addition to all other remedies
set forth in other sections of this Grant following the notice and cure
period set forth in §14(B). The State may exercise any or all of the
remedies available to it, in its sole discretion, concurrently or
consecutively.
A. Termination for Cause and/or Breach
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If Grantee fails to perform any of its obligations hereunder with such
diligence as is required to ensure its completion in accordance with the
provisions of this Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions
herein. If Grantee thereafter fails to promptly cure such non-performance
within the cure period, the State, at its option, may terminate this entire
Grant or such part of this Grant as to which there has been delay or a
failure to properly perform. Exercise by the State of this right shall not be
deemed a breach of its obligations hereunder. Grantee shall continue
performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur
further obligations or render further performance hereunder past the
effective date of such notice, and shall terminate outstanding orders and
subcontracts with third parties. However, Grantee shall complete and
deliver to the State all Work, Services and Goods not cancelled by the
termination notice and may incur obligations as are necessary to do so
within this Grant's terms. At the sole discretion of the State, Grantee shall
assign to the State all of Grantee's right, title, and interest under such
terminated orders or subcontracts. Upon termination, Grantee shall take
timely, reasonable and necessary action to protect and preserve property
in the possession of Grantee in which the State has an interest. All
materials owned by the State in the possession of Grantee shall be
immediately returned to the State. All Work Product, at the option of the
State, shall be delivered by Grantee to the State and shall become the
State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the
date of termination. If, after termination by the State, it is determined that
Grantee was not in breach or that Grantee's action or inaction was
excusable, such termination shall be treated as a termination in the public
interest and the rights and obligations of the Parties shall be the same as
if this Grant had been terminated in the public interest, as described
herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall
remain liable to the State for any damages sustained by the State by virtue
of any breach under this Grant by Grantee and the State may withhold any
payment to Grantee for the purpose of mitigating the State's damages,
until such time as the exact amount of damages due to the State from
Grantee is determined. The State may withhold any amount that may be
due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien
holders, or to reimburse the State for the excess costs incurred in
procuring similar goods or services. Grantee shall be liable for excess
costs incurred by the State in procuring from third parties replacement
Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
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The State is entering into this Grant for the purpose of carrying out the
public policy of the State of Colorado, as determined by its Governor,
General Assembly, and/or Courts. If this Grant ceases to further the public
policy of the State, the State, in its sole discretion, may terminate this
Grant in whole or in part. Exercise by the State of this right shall not
constitute a breach of the State's obligations hereunder. This subsection
shall not apply to a termination of this Grant by the State for cause or
breach by Grantee, which shall be governed by §15(A) or as otherwise
specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16.
The notice shall specify the effective date of the termination and whether it
affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and
comply with the same obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee
shall be paid an amount which bears the same ratio to the total
reimbursement under this Grant as the Services satisfactorily performed
bear to the total Services covered by this Grant, less payments previously
made. Additionally, if this Grant is less than 60% completed, the State may
reimburse Grantee for a portion of actual out-of-pocket expenses (not
otherwise reimbursed under this Grant) incurred by Grantee which are
directly attributable to the uncompleted portion of Grantee's obligations
hereunder; provided that the sum of any and all reimbursement shall not
exceed the maximum amount payable to Grantee hereunder.
C. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following
remedies in addition to other remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this
Grant pending necessary corrective action as specified by the State
without entitling Grantee to an adjustment in price/cost or performance
schedule. Grantee shall promptly cease performance and incurring costs
in accordance with the State's directive and the State shall not be liable for
costs incurred by Grantee after the suspension of performance under this
provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance
are satisfactorily made and completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's
actions or inactions, cannot be performed or, if performed, would be of no
value to the State; provided, that any denial of payment shall be
reasonably related to the value to the State of the obligations not
performed.
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iv. Removal
Demand removal of any of Grantee's employees, agents, or Subgrantees
whom the State deems incompetent, careless, insubordinate, unsuitable,
or otherwise unacceptable, or whose continued relation to this Grant is
deemed to be contrary to the public interest or not in the State's best
interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other
intellectual property right while performing its obligations under this
Grant, Grantee shall, at the State's option (a) obtain for the State or
Grantee the right to use such products and services; (b) replace any
Goods, Services, or other product involved with non -infringing products
or modify them so that they become non -infringing; or, (c) if neither of the
foregoing alternatives are reasonably available, remove any infringing
Goods, Services, or products and refund the price paid therefore to the
State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the
designating Party. All notices required to be given hereunder shall be
hand delivered with receipt required or sent by certified or registered mail
to such Party's principal representative at the address set forth below. In
addition to, but not in lieu of a hard -copy notice, notice also may be sent
by e-mail to the e-mail addresses, if any, set forth below. Either Party may
from time to time designate by written notice substitute addresses or
persons to whom such notices shall be sent. Unless otherwise provided
herein, all notices shall be effective upon receipt.
A. State:
Jeanne M. Smith, Director
Division of Criminal Justice
Colorado Department of Public Safety
700 Kipling Street
Lakewood, Colorado 80215-5897
jeanne.smith@state.co.us
(303) 239-4451
B. Grantee:
Mike Freeman, Commissioner Chair
Weld County Government
1150 O Street
Greeley, CO 80631-9596
mfreeman@co.weld.co.us
970-336-7204
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17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or
other documents, drawings, models, materials, or Work Product of any
type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the non-exclusive property of the
State and, all Work Product shall be delivered to the State by Grantee upon
completion or termination hereof. The State's non-exclusive rights in such
Work Product shall include, but not be limited to, the right to copy,
publish, display, transfer, and prepare derivative works.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall
constitute a waiver, express or implied, of any of the immunities, rights,
benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for
injuries to persons or property arising from the negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials, and
employees is controlled and limited by the provisions of the Governmental
Immunity Act and the risk management statutes, CRS §24-30-1501, et seq.,
as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or
greater, either on the Effective Date or at anytime thereafter, this §19
applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS
§24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102
concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in a statewide Contract
Management System (CMS).
Grantee's performance shall be subject to Evaluation and Review in
accordance with the terms and conditions of this Grant, State law,
including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of Grantee's performance shall be part
of the normal Grant administration process and Grantee's performance
will be systematically recorded in the statewide Contract Management
System. Areas of Evaluation and Review shall include, but shall not be
limited to quality, cost and timeliness. Collection of information relevant to
the performance of Grantee's obligations under this Grant shall be
determined by the specific requirements of such obligations and shall
include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the
statewide Contract Management System at intervals established herein
and a final Evaluation, Review and Rating shall be rendered within 30 days
of the end of the Grant term. Grantee shall be notified following each
performance Evaluation and Review, and shall address or correct any
identified problem in a timely manner and maintain work progress.
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Should the final performance Evaluation and Review determine that
Grantee demonstrated a gross failure to meet the performance measures
established hereunder, the Executive Director of the Colorado Department
of Personnel & Administration (Executive Director), upon request by the
Colorado Department of Public Safety, and showing of good cause, may
debar Grantee and prohibit Grantee from bidding on future Grants.
Grantee may contest the final Evaluation, Review and Rating by: (a) filing
rebuttal statements, which may result in either removal or correction of the
evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6),
exercising the debarment protest and appeal rights provided in CRS §§24-
109-106, 107, 201 or 202, which may result in the reversal of the debarment
and reinstatement of Grantee, by the Executive Director, upon a showing
of good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be
transferred, assigned or subgranted without the prior, written consent of
the State. Any attempt at assignment, transfer, or subgranting without
such consent shall be void. All assignments, subgrants, or Subgrantees
approved by Grantee or the State are subject to all of the provisions
hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained,
including the benefits and burdens, shall extend to and be binding upon
the Parties' respective heirs, legal representatives, successors, and
assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all
of which shall constitute one agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings
between the Parties and all prior representations and understandings, oral
or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect
whatsoever, unless embodied herein.
F. Indemnification -General
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To the extent permitted by law, Grantee shall indemnify, save, and hold
harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and
attorney fees and related costs, incurred as a result of any act or omission
by Grantee, or its employees, agents, Subgrantees, or assignees pursuant
to the terms of this Grant Agreement; however, the provisions hereof shall
not be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protection, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the
Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or
hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the
State of Colorado and exclusive venue shall be in the City and County of
Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant
shall not be effective unless agreed to in writing by the Parties in an
amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law, State Fiscal Rules, and Office of the
State Controller Policies, including, but not limited to, the policy entitled
MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by
changes in Federal or Colorado State law, or their implementing
regulations. Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such
change, as if fully set forth herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In
the event of conflicts or inconsistencies between this Grant and its
exhibits and attachments including, but not limited to, those provided by
Grantee, such conflicts or inconsistencies shall be resolved by reference
to the documents in the following order of priority:
i. Exhibit A3- Colorado Supplemental Provision for FFATA;
ii. Colorado State Special Provisions;
iii. The provisions of the main body of this Grant;
iv. Exhibit A4- Additional Federal Requirements;
v. Exhibit A2- Grant Requirements;
vi. Exhibit Al — Special Conditions;
vii. Any executed Option Letter; and/or any Grant Funding Change Letter;
and/or any executed Contract Amendment in which the most recent dated
document takes precedence over the prior documents;
viii. Exhibits B1- Statement of Work and B2- Budget and Budget Narrative.
J. Severability
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Provided this Grant can be executed and performance of the obligations of
the Parties accomplished within its intent, the provisions hereof are
severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other
provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant
requiring continued performance, compliance, or effect after termination
hereof, shall survive such termination and shall be enforceable by the
State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32
(No. 84-730123K) and from all State and local government sales and use
taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply
when materials are purchased or services rendered to benefit the State;
provided however, that certain political subdivisions (e.g., City of Denver)
may require payment of sales or use taxes even though the product or
service is provided to the State. Grantee shall be solely liable for paying
such taxes as the State is prohibited from paying for or reimbursing
Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are
reserved solely to the Parties, and not to any third party. 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.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or
any right or remedy hereunder, whether explicitly or by lack of
enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other
term, provision, or requirement.
O. CORA Disclosure
To the extent not prohibited by federal law, this Grant and the performance
measures and standards under CRS §24-103.5-101, if any, are subject to
public release through the Colorado Open Records Act, CRS §24-72-101,
et seq.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in
[brackets].
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Grant shall not be deemed valid until it has been approved by the
Colorado State Controller or designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
C. GOVERNMENTAL IMMUNITY
No term or condition of this Grant 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, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Grantee nor any agent or employee of
Grantee shall be deemed to be an agent or employee of the State. Grantee
and its employees and agents are not entitled to unemployment insurance
or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its
agents or employees. Unemployment insurance benefits will be available
to Grantee and its employees and agents only if such coverage is made
available by Grantee or a third party. Grantee shall pay when due all
applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Grant. Grantee shall not have authorization,
express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee shall (a)
provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof
thereof when requested by the State, and (c) be solely responsible for its
acts and those of its employees and agents.
E. COMPLIANCE WITH LAW
Grantee shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without
limitation, laws applicable to discrimination and unfair employment
practices.
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F. CHOICE OF LAW
Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this grant. Any
provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any
other Special Provision in whole or in part shall not be valid or enforceable
or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this
provision shall not invalidate the remainder of this Grant, to the extent
capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Grant or
incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D
002 00.
State or other public funds payable under this Grant shall not be used for
the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Grant
and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the
State determines that Grantee is in violation of this provision, the State
may exercise any remedy available at law or in equity or under this Grant,
including, without limitation, immediate termination of this Grant and any
remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS
§§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has
any personal or beneficial interest whatsoever in the service or property
described in this Grant. Grantee has no interest and shall not acquire any
interest, direct or indirect, that would conflict in any manner or degree with
the performance of Grantee's services and Grantee shall not employ any
person having such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-
202.4 (3.5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a)
unpaid child support debts or child support arrearages; (b) unpaid
balances of tax, accrued interest, or other charges specified in CRS §39-
21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e) other unpaid debts owing to
the State as a result of final agency determination or judicial action.
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K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
[Not applicable to agreements relating to the offer, issuance, or sale of
securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants,
and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this Grant and will confirm the
employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant,
through participation in the E -Verify Program or the State program
established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not
knowingly employ or contract with an illegal alien to perform work under
this Grant or enter into a grant with a Subgrantee that fails to certify to
Grantee that the Subgrantee shall not knowingly employ or contract with
an illegal alien to perform work under this Grant.
Grantee (a) shall not use E -Verify Program or State program procedures to
undertake pre -employment screening of job applicants while this Grant is
being performed, (b) shall notify the Subgrantee and the granting State
agency within three days if Grantee has actual knowledge that a
Subgrantee is employing or contracting with an illegal alien for work under
this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop
employing or contracting with the illegal alien within three days of
receiving the notice, and (d) shall comply with reasonable requests made
in the course of an investigation, undertaken pursuant to CRS §8-17.5-
102(5), by the Colorado Department of Labor and Employment. If Grantee
participates in the State program, Grantee shall deliver to the granting
State agency, Institution of Higher Education or political subdivision, a
written, notarized affirmation, affirming that Grantee has examined the
legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Grantee fails to comply with any
requirement of this provision or CRS §8-17.5-101 et seq., the granting
State agency, institution of higher education or political subdivision may
terminate this Grant for breach and, if so terminated, Grantee shall be
liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, if a natural person eighteen (18) years of age or older, hereby
swears and affirms under penalty of perjury that he or she (a) is a citizen
or otherwise lawfully present in the United States pursuant to federal law,
(b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c)
has produced one form of identification required by CRS §24-76.5-103
prior to the effective date of this Grant.
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22. SIGNATURE PAGE
Routing #:N/A
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are
authorized to act on Grantee's behalf and acknowledge that the State is
relying on their representations to that effect.
GRANTEE
Agency or Organization: County of Weld
By: Mike Freeman,. Commissioner Chair OCT 1 9 2016
Signature: ")-�.,,, . Q.� Date:
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
Stan Hilkey, Ex tive Direct
Signature: — --
Date. /� /7 V/
f
By: Jean . Smith, Director, Divis on of Criminal Justice
Signato vers to the State Controller or delegate that Grantee has not
begun rformance or that a Statutory Violation waiver has been
requested under Fiscal Rules
LEGAL REVIEW
Cynthia H. Coffman, Attorn General
By: N Date:
Signature: Assistant Atto ney General
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants.
This Grant is not valid until signed and dated below by the State Controller
or delegate. Grantee is not authorized to begin performance until such
time. If Grantee begins performing prior thereto, the State of Colorado is
not obligated to pay Grantee for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, M
By: Date: 1 IL -cc
Departmen9#ety, George Kelley, Procurement Director
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75976277
2015 -VA -16-013724-19
EXHIBIT Al - SPECIAL CONDITIONS
1. FUTURE FUNDING
The capacity for VOCA, S.T.O.P. VAWA, and/or Sexual Assault Services
Program (SASP) formula grant funds to provide future continuation dollars
for projects is undetermined at this time. Grantee Agencies are advised to
seek other funding sources, especially for personnel dollars.
2. Grantee Agency shall notify the Office for Victims Programs (OVP) if the
agency has obtained funding for a specific (OVP) funded position that
totals more than 100% of the cost for that position. The agency must
resolve the allocation of funds to the satisfaction of the Division of
Criminal Justice.
3. Grantee Agency must notify the Office for Victims Programs (OVP)
immediately in writing, via email, regular mail or COGMS, as appropriate,
of:
- any OVP grant funded personnel changes;
- any OVP grant funded position that is vacant for 45 days;
- any change of an Official and/or employee who is listed as responsible
party on this OVP grant funded project.
4. STATE CONFIDENTIALITY OF VICTIMS INFORMATION
The Grantee Agency certifies that the signing authorities, all staff and
volunteers assigned to the project have read and understand, state laws
and applicable rules of professional conduct related to issues of
confidentiality and privilege, particularly with respect to releasing
identifying information about victims of crime, include, but not limited to,
those found in C.R.S. §13-90-107.
5. COLORADO VICTIM RIGHTS ACT (Applies to Government Agencies
only)
The Grantee Agency assures that the application signatories, all staff and
all volunteers assigned to the funded project have read and understand
the rights afforded to crime victims pursuant to §24-4.1-302.5 C.R.S., and
the services delineated pursuant to §24-4.1-303 and 24-4.1-304 C.R.S.,
commonly known as the Victim Rights Act, and enabling legislation.
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GRANTEE ORGANIZATION ELIGIBILITY REQUIREMENTS
The Grantee Organization will comply with the conditions of Victims of
Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42
U.S.C. 10603(a)(2) and (b)(1) and (2) (and the applicable program
guidelines and regulations), as required.1404 (b)(1) codified at 42 U.S.C.
10603(b). VOCA establishes eligibility criteria that must be met by all
organizations that receive VOCA funds. These funds are to be awarded to
grantees only for providing services to victims of crime through their staff.
Each grantee organization shall meet the following requirements:
1. PUBLIC OR NONPROFIT ORGANIZATION
To be eligible to receive VOCA funds, organizations must be operated by a
public or nonprofit organization, or a combination of such organizations,
and provide services to crime victims.
2. RECORD OF EFFECTIVE SERVICES
Demonstrate a record of providing effective services to crime victims.
This includes having the support and approval of its services by the
community, a history of providing direct services in a cost-effective
manner, and financial support from other sources.
3. NEW PROGRAMS
Those programs that have not yet demonstrated a record of providing
services may be eligible to receive VOCA funding, if they can demonstrate
that 25-50 percent of their financial support comes from non-federal
sources. It is important that organizations have a variety of funding
sources besides federal funding in order to ensure their financial stability.
States are responsible for establishing the base level of non-federal
support required within the 25-50 percent range.
4. PROGRAM MATCH REQUIREMENTS
The purpose of matching contributions is to increase the amount of
resources available to the projects supported by grant funds. Matching
contributions of 20% (cash or in -kind) of the total cost of each VOCA
project (VOCA grant plus match) are required for each VOCA-funded
project and must be derived from non-federal sources, except as provided
in the DOJ Grants Financial Guide, effective edition (Part III. Post Award
Requirements, Chapter 3. Matching or Cost Sharing). All funds designated
as match are restricted to the same uses as the VOCA victim assistance
funds and must be expended within the grant period. Match must be
provided on a project -by -project basis. Any deviation from this policy
must be approved by OVC.
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For the purposes of this program, in -kind match may include donations of
expendable equipment, office supplies, workshop or classroom materials,
work space, or the monetary value of time contributed by professionals
and technical personnel and other skilled and unskilled labor, if the
services they provide are an integral and necessary part of a funded
project. The value placed on donated services must be consistent with the
rate of compensation paid for similar work in the subrecipient's
organization. If the required skills are not found in the subrecipient's
organization, the rate of compensation must be consistent with the labor
market. In either case, fringe benefits may be included in the valuation.
The value placed on loaned or donated equipment may not exceed its fair
market value. The value of donated space may not exceed the fair rental
value of comparable space as established by an independent appraisal of
comparable space and facilities in privately owned buildings in the same
locality.
a. Record Keeping. VOCA recipients and their subrecipients must
maintain records that clearly show the source, the amount, and the period
during which the match was allocated. The basis for determining the
value of personal services, materials, equipment, and space must be
documented. Volunteer services must be documented, and to the extent
feasible, supported by the same methods used by the subrecipient for its
own paid employees. The state has primary responsibility for subrecipient
compliance with the requirements. State grantees are encouraged not to
require excessive amounts of match.
b. Exceptions to the 20% match: OVC sets lower match requirements for:
i. Native American Tribes/Organizations Located on Reservations. The
match for new or existing VOCA subrecipients that are Native American
tribes/organizations located on reservations is 5% (cash or in -kind) of the
total VOCA project. For the purpose of this grant, a Native American
tribe/organization is defined as any tribe, band, nation, or other organized
group or community which is recognized as eligible for the special
programs and services provided by the U.S. to Native Americans because
of their status as Native Americans. A reservation is defined as a tract of
land set aside for use of, and occupancy by, Native Americans.
ii. The U.S. Virgin Islands, and all other territories and possessions of the
U.S., except Puerto Rico, are not required to match VOCA funds. See 48
U.S.C. 1469a(d).
iii. OVC may waive the match requirement if extraordinary need is
documented by State VOCA administrators.
5. VOLUNTEERS
The Grantee Agency must use volunteers unless the state grantee
determines there is a compelling reason to waive this requirement. A
"compelling reason" may be a statutory or contractual provision
concerning liability or confidentiality of counselor/victim information,
which bars using volunteers for certain positions, or the inability to recruit
and maintain volunteers after a sustained and aggressive effort.
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6. PROMOTE COMMUNITY EFFORTS TO AID CRIME VICTIMS
Promote, within the community, coordinated public and private efforts to
aid crime victims. Coordination may include, but is not limited to, serving
on state, federal, local, or Native American task forces, commissions,
working groups, coalitions, and/or multi -disciplinary teams. Coordination
efforts also include developing written agreements that contribute to
better and more comprehensive services to crime victims. Coordination
efforts qualify an organization to receive VOCA victim assistance funds,
but are not activities that can be supported with VOCA funds.
7. HELP VICTIMS APPLY FOR COMPENSATION BENEFITS
Such assistance may include identifying and notifying crime victims of the
availability of compensation, assisting them with application forms and
procedures, obtaining necessary documentation, and/or checking on
claim status.
8. COMPLY WITH FEDERAL RULES REGULATING GRANTS
The Grantee Agency must comply with the applicable provisions of VOCA,
the Program Guidelines, and the requirements of the DOJ Grants Financial
Guide, effective edition, which includes maintaining appropriate
programmatic and financial records that fully disclose the amount and
disposition of VOCA funds received. This includes: financial
documentation for disbursements; daily time and attendance records
specifying time devoted to allowable VOCA victim services; client files; the
portion of the project supplied by other sources of revenue; job
descriptions; contracts for services; and other records which facilitate an
effective audit.
9. MAINTAIN CIVIL RIGHTS INFORMATION
Maintain statutorily required civil rights statistics on victims served by
race, national origin, sex, age, and disability, within the timetable
established by the state grantee; and permit reasonable access to its
books, documents, papers, and records to determine whether the
subrecipient is complying with applicable civil rights laws. This
requirement is waived when providing a service, such as telephone
counseling, where soliciting the information may be inappropriate or
offensive to the crime victim.
10. COMPLY WITH STATE CRITERIA
The Grantee Agency must abide by any additional eligibility or service
criteria as established by the state grantee including submitting statistical
and programmatic information on the use and impact of VOCA funds, as
requested by the State grantee.
11. SERVICES TO VICTIMS OF FEDERAL CRIMES
The Grantee Agency must provide services to victims of federal crimes on
the same basis as victims of state/local crimes.
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12. NO CHARGE TO VICTIMS FOR VOCA-FUNDED SERVICES
The Grantee Agency must provide services to crime victims, at no charge,
through the VOCA-funded project. Any deviation from this provision
requires prior approval by the state grantee. Prior to authorizing
subrecipients to generate income, OVC strongly encourages
administrators to carefully weigh the following considerations regarding
federal funds generating income for subrecipient organizations.
a. The purpose of the VOCA victim assistance grant program is to provide
services to all crime victims regardless of their ability to pay for services
rendered or availability of insurance or other third -party payment
resources. Crime victims suffer tremendous emotional, physical, and
financial losses. It was never the intent of VOCA to exacerbate the impact
of the crime by asking the victim to pay for services.
b. State grantees must ensure that they and their subrecipients have the
capability to track program income in accordance with federal financial
accounting requirements. All VOCA-funded program and match income,
no matter how large or small, is restricted to the same uses as the VOCA
grant.
Program income can be problematic because of the required tracking
systems needed to monitor VOCA-funded income and ensure that it is
used only to make additional services available to crime victims. For
example: VOCA often funds only a portion of a counselor's time.
Accounting for VOCA program income generated by this counselor is
complicated, involving careful record keeping by the counselor, the
subrecipient (Grantee Agency) program, and the state.
13. CLIENT COUNSELOR CONFIDENTIALITY
Maintain confidentiality of client -counselor information, as required by
state and federal law.
14. CONFIDENTIALITY OF RESEARCH INFORMATION
Except as otherwise provided by federal law, no recipient of monies under
VOCA shall use or reveal any research or statistical information furnished
under this program by any person and identifiable to any specific private
person for any purpose other than the purpose for which such information
was obtained in accordance with VOCA. Such information, and any copy
of such information, shall be immune from legal process and shall not,
without the consent of the person furnishing such information, be
admitted as evidence or used for any purpose in any action, suit, or other
judicial, legislative, or administrative proceeding. See Section 1407(d) of
VOCA codified at 42 U.S.C. 10604.
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Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
These provisions are intended, among other things, to ensure the
confidentiality of information provided by crime victims to counselors
working for victim services programs receiving VOCA funds. Whatever
the scope of application given this provision, it is clear that there is
nothing in VOCA or its legislative history to indicate that Congress
intended to override or repeal, in effect, a state's existing law governing
the disclosure of information which is supportive of VOCA's fundamental
goal of helping crime victims. For example, this provision would not act to
override or repeal, in effect, a state's existing law pertaining to the
mandatory reporting of suspected child abuse. (See Pennhurst School
and Hospital v. Halderman, et al., 451 U.S. 1 (1981).) Furthermore, this
confidentiality provision should not be interpreted to thwart the legitimate
informational needs of public agencies. For example, this provision does
not prohibit a domestic violence shelter from acknowledging, in response
to an inquiry by a law enforcement agency conducting a missing person
investigation, that the person is safe in the shelter. Similarly, this
provision does not prohibit access to a victim service project by a federal
or state agency seeking to determine whether federal and state funds are
being utilized in accordance with funding agreements.
15. Demographic Data
The grantee will collect and maintain information on race, sex, national
origin, age, and disability of victims receiving assistance, where such
information is voluntarily furnished by the victim.
16. Discrimination Findings
The grantee assures that in the event that a Federal or State court or
Federal or State administrative agency makes a finding of discrimination
after a due process hearing on the ground of race, religion, national origin,
sex, or disability against a recipient of victim assistance formula funds
under this award, the recipient will forward a copy of the findings to DCJ
and the Office for Civil Rights of OJP.
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Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
17. Non -Profits
All non-profit grantees of VOCA Assistance funding under this award are
required to make their financial statements available online (either on the
grantee's or another publicly available website). OVC will consider grantee
organizations that have Federal 501(c)(3) tax status as in compliance with
this requirement, with no further action needed, to the extent that such
organization files IRS Form 990 or similar tax document (e.g., 990-EZ), as
several sources already provide searchable online databases of such
financial statements.
All non-profit grantees of VOCA Assistance funding under this award are
required to certify their non-profit status. Grantees may certify their non-
profit status by submitting a statement to DCJ (to be placed in the grant
file) affirmatively asserting that the grantee is a non-profit organization,
and indicating that it has on file, and available upon audit, either — 1) a
copy of the grantee's 501(c)(3) designation letter; 2) a letter from the
grantee's state/territory taxing body or state/territory attorney general
stating that the grantee is a non-profit organization operating within the
state/territory; or 3) a copy of the grantee's state/territory certificate of
incorporation that substantiates its non-profit status. Grantees that are
local non-profit affiliates of state/territory or national non -profits should
have available proof of (1), (2) or (3), and a statement by the state/territory
or national parent organization that the grantee is a local non-profit
affiliate.
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Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
EXHIBIT A2 - GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as
follows:
1. AUDIT REQUIREMENTS
A. Due Date:
(1) 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.
(2) 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:
(1) 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.).
(2) 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. 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:
(1) does not meet the applicable federal audit or DCJ standards;
(2) is not submitted in a timely manner; or,
(3) does not provide an audit response plan with corresponding
corrections made sufficient to satisfy any audit findings.
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Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
D. The grantee understands and agrees that DCJ or the federal awarding
office (OJP or OVW) 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. REPORTS
The Grantee assures that it shall maintain data and information to provide
accurate program and financial reports to DCJ. Said reports shall be
provided in such form, at such times, and containing such data and
information as DCJ reasonably requires to administer the program. DCJ
requires that reports/forms are submitted either by paper or in an
electronic Grants Management Systems (GMS). If you are required to
submit a paper form to DCJ ensure you are using the most current
reports/forms by downloading it from the DCJ website address:
dcj.state.co.us. The Grantee shall maintain all grant related records with
original signatures on file within the Grantee's record and in accordance
with requirements in §9 of the body of the grant agreement. Reports for
this grant shall be submitted using a GMS unless otherwise notified.
A. Quarterly Financial Reports
Grantee shall submit Financial Reports quarterly. Reports are required to
the State for each quarter within 15 days after the quarter ends.
B. Quarterly Programmatic (Narrative) Reports
Grantee shall submit Narrative Reports on the progress on the grant
quarterly. Reports are required to the State for each quarter within 15 days
after the quarter ends.
C. Final Financial Report
Grantee shall submit a report to the State upon expiration or sooner
termination of the Grant containing grant final financial expenditures that
accurately match your accounting records. Final reports are required to
the State within 45 days of the end of the Grant. [A FINAL FINANCIAL
REPORT IS NOT REQUIRED FOR THIS GRANT.]
D. Final Programmatic (Narrative) Report
Grantee shall submit a Final Narrative Report to the State upon expiration
or sooner termination of this Grant containing details of accomplishments
and highlights, self -evaluation and review of Grantee's performance based
on Exhibit B1 — Statement of Work and the final status of Grantee's
obligations hereunder. Reports are required to the State within 45 days of
the end of the Grant. [A FINAL PROGRAMMATIC REPORT IS NOT
REQUIRED FOR THIS GRANT.]
E. Reporting Non -Compliance Resolution
Grantee's failure to provide reports and other grant requirements, meet
monitoring site visit evaluations and notify the State in a timely manner in
accordance with §8 of the body of the grant agreement may result in the
delay of payment of funds until a final resolution is determined and/or
termination as provided under this Grant. The Division of Criminal Justice
(DCJ) staff and the Grantee will mediate any non-compliance issues for a
resolution. If DCJ staff and the Grantee cannot negotiate a resolution, the
issue can be elevated to the Director of the DCJ for final resolution.
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Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
F. Federal Performance Reporting
The grantee agrees to submit performance reports on the performance
metrics identified by OVC, and in the time and manner required by OVC.
This information on the activities supported by the award funding will
assist in assessing the effects that VOCA Victim Assistance funds have
had on services to crime victims within the jurisdiction. Beginning October
1, 2015, the recipient agrees to submit (and, as necessary, require sub -
recipients to submit) such information quarterly.
3. SUBGRANTS
Any and all subgrants entered into by Grantee related to its performance
hereunder shall comply with all applicable federal and state laws, shall
adhere to the provisions of this grant agreement, and shall provide that
such subgrants be governed by the laws of the State of Colorado. Copies
of any and all subgrants entered into by Grantee to perform its obligations
hereunder shall be submitted to the State or its principal representative
upon request by the State.
4. 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, which is hereby
incorporated by reference. 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.)
5. 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 State. 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 Division of Criminal Justice.
6. AWARD CHANGE REQEUSTS
Grantee may request budget modifications by submitting a request to the
State. The State reserves the right to make and authorize modifications,
adjustments, and/or revisions to the Grant Award for the purpose of
making changes in budget categories, extensions of grant award dates,
changes in goals and objectives, and other modifications which do not
change the total amount of the Grant Award. The State's total
consideration shall not exceed the maximum amount shown herein.
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7. ADDITIONAL MONITORING REQUIREMENTS
It is the responsibility of the Grantee to notify any of its project
collaborators and Subgrantees of these provisions.
A. On -Site Monitoring
On -site monitoring may be conducted during the term of the grant. Onsite
monitoring shall include but not be limited to, review of financial records,
payroll documents, equipment purchases and the equipment, and/or case
record monitoring. Additional monitoring site visits may be required based
on findings or continued inaccurate invoice reimbursement requests.
Grantee shall be notified in advance of on -site monitoring schedule.
B. Monitoring
Detailed monitoring may occur during the project period. The State may
periodically request submission of supporting financial and programmatic
documentation, Subgrantee contracts, general and sub -ledgers for the
purpose of monitoring compliance with the grant award via desk review, or
in preparation for an on -site monitoring visit. Routine or special on -site
visits may be conducted at the Grantee/Subgrantee agency, and at the
location of any collaborating entities, for the same purpose. Grantees will
be notified in advance of any on -site monitoring visit.
8. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
A. The Grantee assures that where activities supported by this Grant
produce any discovery or invention, original computer programs, writing,
sound recordings, pictorial reproductions, drawing or other graphical
representation and works of any similar nature, the following requirements
apply:
(1) 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.
(2) If the material or invention is copyrightable, the Grantee may
copyright such, but the State reserves a perpetual, royalty free, non-
exclusive and irreversible license to practice, reproduce, publish and use
such materials in whole or in part, and authorize others to do so.
(3) When issuing statements, press releases, requests for
proposals, bid solicitations, and other published documents describing
projects or programs funded in whole or in part with these grant funds, all
Grantees must clearly:
(a) State the percentage of the total cost of the program or
project, which will be financed with this grant money;
(b) State the dollar amount of state or federal funds for the
project or program;
(c) Use the phrase -"This project was supported by federal grant
2015-VA-GX-0040, issued by the Colorado Division of Criminal Justice."
B. The exception is Work Products that contain criminal justice records
where each individual unit or agency will be subject to the rules and
regulations.
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Federal Award Number
Federal Award Office
Federal Award Agency
Federal Award Date
Total Amount of Federal
Award (this is not the
amount of this grant
agreement)
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
9. MATCH
Grantee must provide documentation of the non-federal portion of the
match used for this grant award. Match requirements are listed in Exhibit
B2 - Budget and Budget Narrative and is subject to audit. For more
information about match, see the 2015 DOJ Financial Guide 3.3 MATCHING
OR COST SHARING REQUIREMENTS or contact your grant manager.
10. FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Funding Grid
2015-VA-GX-0040
Office of Justice Programs (OJP)
Office for Victims of Crime
08/31/2015
32,553,473
iffla
Total Amount of Federal
Funds Obligated for ALL
projects from DCJ for the
above listed funding source
for this Grantee
$66,590
Is this Award for Research
and Development (R&D)?
No
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Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
EXHIBIT A3 - COLORADO SUPPLEMENTAL
PROVISIONS FOR FFATA
STATE OF COLORADO SUPPLEMENTAL PROVISIONS FOR
FEDERALLY FUNDED CONTRACTS, GRANTS, AND PURCHASE ORDERS
SUBJECT TO THE FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006 (FFATA), AS AMENDED
REVISED AS OF 3-20-13
The contract, grant, or purchase order to which these Supplemental
Provisions are attached has been funded, in whole or in part, with an
Award of Federal funds. In the event of a conflict between the provisions
of these Supplemental Provisions, the Special Provisions, the contract or
any attachments or exhibits incorporated into and made a part of the
contract, the provisions of these Supplemental Provisions shall control.
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1. Definitions. For the purposes of these Supplemental Provisions, the
following terms shall have the meanings ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non -
Federal Entity receives or administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research
and development agreements (CRDA) pursuant to the Federal Technology
Transfer Act of 1986, as amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the
expenditure of Federal funds by non -Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally -owned property provided in lieu of
money; even if the award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as
defined in section 1512 of the American Recovery and Reinvestment Act
(ARRA) of 2009 (Public Law 111-5).
1.2. "Contract" means the contract to which these Supplemental
Provisions are attached and includes all Award types in §1.1.1 through
1.1.11 above.
1.3. "Contractor" means the party or parties to a Contract funded, in whole
or in part, with Federal financial assistance, other than the Prime
Recipient, and includes Grantees, Sub -grantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
1.4. "Data Universal Numbering System (DUNS) Number" means the nine -
digit number established and assigned by Dun and Bradstreet, Inc. to
uniquely identify a business entity. Dun and Bradstreet's website may be
found at: http://fedgov.dnb.com/webform.
1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart
C;
1.5.1. A governmental organization, which is a State, local government, or
Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or
Subaward to a non -Federal entity.
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1.6. "Executive" means an officer, managing partner or any other
employee in a management position.
1.7. "Federal Award Identification Number (FAIN)" means an Award
number assigned by a Federal agency to a Prime Recipient.
1.8. "FFATA" means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-
252. FFATA, as amended, also is referred to as the "Transparency Act."
1.9. "Prime Recipient" means a Colorado State agency or institution of
higher education that receives an Award.
1.10. "Subaward" means a legal instrument pursuant to which a Prime
Recipient of Award funds awards all or a portion of such funds to a
Subrecipient, in exchange for the Subrecipient's support in the
performance of all or any portion of the substantive project or program for
which the Award was granted.
1.11. "Subrecipient" means a non -Federal Entity (or a Federal agency
under an Award or Subaward to a non -Federal Entity) receiving Federal
funds through a Prime Recipient to support the performance of the Federal
project or program for which the Federal funds were awarded. A
Subrecipient is subject to the terms and conditions of the Federal Award
to the Prime Recipient, including program compliance requirements. The
term "Subrecipient" includes and may be referred to as a Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent
organization's 9 -digit Data Universal Numbering System (DUNS) number
that appears in the subrecipient's System for Award Management (SAM)
profile, if applicable.
1.13. "Supplemental Provisions" means these Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders subject to the
Federal Funding Accountability and Transparency Act of 2006, As
Amended, as may be revised pursuant to ongoing guidance from the
relevant Federal or State of Colorado agency or institution of higher
education.
1.14. "System for Award Management (SAM)" means the Federal
repository into which an Entity must enter the information required under
the Transparency Act, which may be found at http:www.sam.gov.
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1.15. "Total Compensation" means the cash and noncash dollar value
earned by an Executive during the Prime Recipient's or Subrecipient's
preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights,
using the dollar amount recognized for financial statement reporting
purposes with respect to the fiscal year in accordance with the Statement
of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R),
Shared Based Payments;
1.15.3. Earnings for services under non -equity incentive plans, not
including group life, health, hospitalization or medical reimbursement
plans that do not discriminate in favor of Executives and are available
generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension
plans;
1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for the
Executive exceeds $10,000.
1.16. "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of
Public Law 110-252. The Transparency Act also is referred to as FFATA.
1.17 "Vendor" means a dealer, distributor, merchant or other seller
providing property or services required for a project or program funded by
an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of
the Transparency Act and the regulations issued pursuant thereto,
including but not limited to these Supplemental Provisions. Any revisions
to such provisions or regulations shall automatically become a part of
these Supplemental Provisions, without the necessity of either party
executing any further instrument. The State of Colorado may provide
written notification to Contractor of such revisions, but such notice shall
not be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering
System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in the
SAM until the Contractor submits the final financial report required under
the Award or receives final payment, whichever is later. Contractor shall
review and update the SAM information at least annually after the initial
registration, and more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime
Recipient, and shall update Contractor's information in Dun & Bradstreet,
Inc. at least annually after the initial registration, and more frequently if
required by changes in Contractor's information.
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4. Total Compensation. Contractor shall include Total Compensation in
SAM for each of its five most highly compensated Executives for the
preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is
$25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act; and
4.3. The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. Reporting.
Contractor shall report data elements to SAM and to the Prime Recipient
as required in §7 below if Contractor is a Subrecipient for the Award
pursuant to the Transparency Act. No direct payment shall be made to
Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the
Contract price. The reporting requirements in §7 below are based on
guidance from the US Office of Management and Budget (OMB), and as
such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Contract and shall become part of
Contractor's obligations under this Contract, as provided in §2 above. The
Colorado Office of the State Controller will provide summaries of revised
OMB reporting requirements at
http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting.
The effective date of these supplemental provisions apply to new Awards
as of October 1, 2010. Reporting requirements in §7 below apply to new
Awards as of October 1, 2010, if the initial award is $25,000 or more. If the
initial Award is below $25,000 but subsequent Award modifications result
in a total Award of $25,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $25,000. If the initial Award
is $25,000 or more, but funding is subsequently de -obligated such that the
total award amount falls below $25,000, the Award shall continue to be
subject to the reporting requirements.
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7. Subrecipient Reporting Requirements.
If Contractor is a Subrecipient, Contractor shall report as set forth below.
7.1 To SAM. A Subrecipient shall register in SAM and report the following
data elements in SAM for each Federal Award Identification Number no
later than the end of the month following the month in which the Subaward
was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds
transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State,
Country, Zip + 4, and Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the
criteria in §4 above are met; and
7.1.6 Subrecipient's Total Compensation of top 5 most highly
compensated Executives if criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient,
upon the effective date of the Contract, the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who
receives an Award as a natural person, unrelated to any business or non-
profit organization he or she may own or operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000
in the previous tax year is exempt from the requirements to report
Subawards and the Total Compensation of its most highly compensated
Executives.
8.3 Effective October 1, 2010, "Award" currently means a grant,
cooperative agreement, or other arrangement as defined in Section 1.1 of
these Special Provisions. On future dates "Award" may include other
items to be specified by OMB in policy memoranda available at the OMB
Web site; Award also will include other types of Awards subject to the
Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default.
Failure to comply with these Supplemental Provisions shall constitute an
event of default under the Contract and the State of Colorado may
terminate the Contract upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30 day
notice period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Contract, at law or in equity.
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EXHIBIT A4 - ADDITIONAL FEDERAL
REQUIREMENTS
1. FINANCIAL & ADMINISTRATIVE MANAGEMENT
A. FINANCIAL GUIDE
Grantee agrees to comply with the current edition of the U.S. Department
of Justice (DOJ) Grants Financial Guide as posted on the Office of Justice
Programs (OJP) website (http://ojp.gov/funding/).
B. FEDERAL AWARDS ISSUED AFTER DECEMBER 26, 2014 - 2 CFR
PART 200 UNIFORM REQUIREMENTS
Grantee agrees to comply with the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements in C.F.R. Part 200, as adopted
and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part
2800 (the "Part 200 Uniform Requirements") apply to this award from the
Office of Justice Programs (OJP). For this award, the Part 200 Uniform
Requirements, which were first adopted by DOJ on December 26, 2014,
supersede, among other things, the provisions of 28 C.F.R. Parts 66 and
70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230.Grantee agrees
to comply with the current edition of the U.S. Department of Justice (DOJ)
Grants Financial Guide as posted on the OJP website
(http://ojp.gov/funding/).
2. FEDERAL FUND PROHIBITIONS AND ALLOWANCES
A. USE OF FEDERAL FUNDS IN LAWMAKING
Grantee understands and agrees that it cannot use any federal funds,
either directly or indirectly, in support of the enactment, repeal,
modification or adoption of any law, regulation or policy, at any level of
government, without the express prior written approval of DCJ, in order to
avoid violation of 18 USC § 1913. DCJ will obtain the appropriate approvals
from the federal awarding office (Office on Violence Against Women
(OVW) or OJP).
Recipients of OVW grant dollars may, however, use federal funds to
collaborate with and provide information to federal, state, local, tribal and
territorial public officials and agencies to develop and implement policies
and develop and promote state, local, or tribal legislation or model codes
designed to reduce or eliminate domestic violence, dating violence, sexual
assault, and stalking (as those terms are defined in 42 USC 13925(a)) when
such collaboration and provision of information is consistent with the
activities otherwise authorized under this grant program.
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B. CONFERENCE COSTS
Grantee agrees to comply with all applicable laws, regulations, policies,
and guidance (including specific cost limits, prior approval and reporting
requirements, where applicable) governing the use of federal funds for
expenses related to conferences(which is defined to include meetings,
retreats, seminars, symposiums, trainings, and other events, including the
provision of food and/or beverages at such events, and costs of
attendance at such events. Information on rules applicable to this award
appears in the DOJ Grants Financial Guide for OJP awards and at
http://www.ovw.usdoj.gov/grantees.html for OVW awards.
C. PROHIBIT USE OF FUNDS FOR ACORN AND ITS SUBSIDIARIES
Grantee understands and agrees that it cannot use any federal funds,
either directly or indirectly, in support of any contract or subaward to
either the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries, without the express prior written approval of
the federal awarding office (OJP or OVW).
D. COMPUTER NETWORK REQUIREMENT
Grantee understands and agrees that - (a) No award funds may be used to
maintain or establish a computer network unless such network blocks the
viewing, downloading, and exchanging of pornography, and (b) Nothing in
subsection (a) limits the use of funds necessary for any Federal, State,
tribal, or local law enforcement agency or any other entity carrying out
criminal investigations, prosecution, or adjudication activities.
E. DUPLICATION OF FUNDING
Grantee agrees that if it currently has an open award of federal funds or if
it receives an award of federal funds other than this DCJ award, and those
award funds have been, are being, or are to be used, in whole or in part,
for one or more of the identical cost items for which funds are being
provided under this DCJ award, the grantee will promptly notify, in writing,
the grant manager for this DCJ award, and, if so requested by DCJ, seek a
modification to the grant award to eliminate any inappropriate duplication
of funding. Further, the grantee agrees and understands that any
duplicative funding that cannot be re -programmed to support non -
duplicative activities within the program's statutory scope will be
deobligated from this award and returned to DCJ.
F. NON -SUPPLANTING OF FUNDS
(1) Grantee certifies that any required matching funds used to pay the
non-federal portion of the cost of this grant award are in addition to funds
that would have otherwise been made available for the purposes of this
project.
(2) Grantee certifies that federal funds made available under this grant:
(a) Will not be used to supplant state or local funds.
(b) Where there is a reduced or unchanged local investment, then the
Grantee shall give a written explanation demonstrating that the Grantee's
reduced or unchanged commitment would have been necessitated even if
federal financial support under this federal grant program had not been
made available.
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G. INDIRECT COST RATE
This provision is application to OJP awards. A grantee that is eligible
under the Part 200 Uniform Requirements to use the "de minimis" indirect
cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de
minimis" indirect cost rate, must comply with all associated requirements
in the Part 200 Uniform Requirements. The "de minimis" rate may be
applied only to modified total direct costs (MTDC).
H. CONSULTANT RATE
Approval of this award does not indicate approval of any consultant rate ,
if consultants are allowed under this award, in excess of $650 per day or
$81.25 per hour. A detailed justification must be submitted to DCJ with
DCJ Form 16 (Professional Services/Consultant Certificate) and approved
by the federal awarding office (OJP or OVW) prior to obligation or
expenditure of such funds. DCJ will forward requests to the federal
awarding office (OJP or OVW) for approval.
I. EMPLOYEE COMPENSATION
[Applicable to awards greater than $250,000] Federal funds may not be
used to pay cash compensation (salary plus bonuses) to any employee of
the award recipient at a rate that exceeds 110% of the maximum annual
salary payable to a member of the federal government's Senior Executive
Service (SES) at an agency with a Certified SES Performance Appraisal
System for that year. (An award recipient may compensate an employee at
a higher rate, provided the amount in excess of this compensation
limitation is paid with non-federal funds.)
J. SIMPLIFIED ACQUISITION THRESHOLD
All procurement (contract) transactions under this award must be
conducted in a manner that is consistent with applicable Federal and State
law, and with Federal procurement standards specified in regulations
governing Federal awards to non -Federal entities. Procurement (contract)
transactions should be competitively awarded unless circumstances
preclude competition. Noncompetitive (e.g., sole source) procurements by
the award recipient in excess of the Simplified Acquisition Threshold
(currently $150,000) set out in the Federal Acquisition Regulation must
receive prior approval from the awarding office, and must otherwise
comply with rules governing such procurements found in the current
edition of the DOJ Grants Financial Guide.
3. CIVIL RIGHTS COMPLIANCE
The Grantee hereby agrees that it will comply, and all of its Subgrantees
will comply, with the applicable provisions of:
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A. MEETING THE EEOP REQUIREMENT
Grantee acknowledges that failure to submit an acceptable Certification of
Compliance with Regulations Regarding Civil Rights Requirements and
Equal Employment Opportunity Plans (EEOP) -DCJ Form 30 may result in
suspension of funding until such time as the grantee is in compliance, or
termination of the award. Upon award, each Grantee will be required to do
the following:
(1) The Project Director must view all of the trainings on Civil Rights
available on DCJ's website and acknowledge by providing an original
signature that the project's staff will be made aware of all obligations
regarding Civil Rights compliance;
(2) Submit the form to the Grantee Agency's Authorized Official for this
grant;
(3) The Authorized Official must review the form in conjunction with
Grantee personnel responsible for reporting civil rights findings of
discrimination;
(4) The Authorized Official must accurately complete the required
information and provide all information requested;
(5) The Authorized Official must provide an original signature on the form
as indicated;
(6) The DCJ Form 30 with original signature must be returned to DCJ with
the Grant Agreement; and,
(7) A copy of the DCJ Form 30 must be forwarded to the Grantee
personnel responsible for reporting civil rights findings of discrimination
at your agency/organization.
DCJ will forward a copy to the Office for Civil Rights, Office of Justice
Programs, U.S. Department of Justice.
B. MEETING THE REQUIREMENT TO SUBMIT FINDINGS OF
DISCRIMINATION
If in the three years prior to the date of the grant award, your organization
has received an adverse finding of discrimination based on race, color,
national origin, religion, or sex, after a due -process hearing, from a state
or federal court or from a state or federal administrative agency, your
organization must send a copy of the finding to the DCJ within 45 days of
receipt of this grant award. DCJ will forward a copy to the Office for Civil
Rights (OCR) at federal awarding office (OJP or OVW).
C. ENFORCING CIVIL RIGHTS LAWS
All recipients of federal financial assistance, regardless of the particular
funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to prohibitions against unlawful
discrimination. Accordingly, the OCR investigates recipients that are the
subject of discrimination complaints from both individuals and groups. In
addition, based on regulatory criteria, the OCR selects a number of
recipients each year for compliance reviews, audits that require recipients
to submit data showing that they are providing services equitably to all
segments of their service population and that their employment practices
meet equal opportunity standards.
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D. COMPLYING WITH THE SAFE STREETS ACT
An organization that is a recipient of financial assistance subject to the
nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the
development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting
to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c),
.205(c)(5)).
E. ENSURING ACCESS TO FEDERALLY ASSISTED PROGRAMS
The Violence Against Women Reauthorization Act of 2013 amends the
Violence Against Women Act of 1994 (VAWA) and includes a
nondiscrimination grant condition that prohibits grantees from excluding,
denying benefits to, or discrimination against any person on the basis on
actual or perceived race, color, national origin, religion, sex, disability,
sexual orientation, or gender identity in funded programs or activities, in
whole or in part, not only in employment but also in the delivery of
services or benefits.
Federal law also prohibits recipients from discriminating on the basis of
age in the delivery of services or benefits.
F. PROVIDING SERVICES TO LIMITED ENGLISH PROFICIENCY (LEP)
INDIVIDUALS
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights
Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance
must take reasonable steps to provide meaningful access to their
programs and activities for persons with limited English proficiency (LEP).
See U.S. Department of Justice, Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg.
41,455 (2002). For more information on the civil rights responsibilities that
recipients have in providing language services to LEP individuals, please
see the website http://www.lep.gov.
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G. ENSURING EQUAL TREATMENT FOR FAITH -BASED
ORGANIZATIONS
The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28
C.F.R. pt. 38, prohibits faith -based organizations from using financial
assistance from the DOJ to fund inherently (or explicitly) religious
activities. While faith -based organizations can engage in non -funded
inherently religious activities, they must hold them separately from the
program funded by the DOJ, and recipients cannot compel beneficiaries to
participate in them. The Equal Treatment Regulation also makes clear that
organizations participating in programs funded by the DOJ are not
permitted to discriminate in the provision of services on the basis of a
beneficiary's religion. For more information on the regulation, please see
the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm.
Faith -based organizations should also note that the Omnibus Crime
Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42
U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C.
§ 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974,
as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec.
3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13))
contain prohibitions against discrimination on the basis of religion in
employment. Despite these nondiscrimination provisions, the DOJ has
concluded that it may construe the Religious Freedom Restoration Act
(RFRA) on a case -by- case basis to permit some faith -based organizations
to receive DOJ funds while taking into account religion when hiring staff,
even if the statute that authorizes the funding program generally forbids
recipients from considering religion in employment decisions. Please
consult with the OCR if you have any questions about the regulation or the
application of RFRA to the statutes that prohibit discrimination in
employment.
H. USING ARREST AND CONVICTION RECORDS IN MAKING
EMPLOYMENT DECISIONS
The OCR issued an advisory document for recipients on the proper use of
arrest and conviction records in making hiring decisions. See Advisory
for Recipients of Financial Assistance from the U.S. Department of Justice
on the U.S. Equal Employment Opportunity Commission's Enforcement
Guidance: Consideration of Arrest and Conviction Records in Employment
Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013),
available at
http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf.
Recipients should be mindful that the misuse of arrest or conviction
records to screen either applicants for employment or employees for
retention or promotion may have a disparate impact based on race or
national origin, resulting in unlawful employment discrimination. In light
of the Advisory, recipients should consult local counsel in reviewing their
employment practices. If warranted, recipients should also incorporate an
analysis of the use of arrest and conviction records in their Equal
Employment Opportunity Plans (EEOPs).
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I. ENSURING THE COMPLIANCE OF SUBGRANTEES
Grantee must have standard assurances to notify subgrantees of their civil
rights obligations, written procedures to address discrimination
complaints filed against subgrantees, methods to monitor subgrantees'
compliance with civil rights requirements, and a program to train
subgrantees on applicable civil rights laws.
J. STUDENTS AND GUARDIANS
Grantee understands and agrees that award funds may not be used to
discriminate against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is provided
from those funds, or of the parents or legal guardians of such students.
4. FRAUD, WASTE, ERROR AND ABUSE
A. REPORTING
The grantee and any subgrantees must promptly refer to the Department
of Justice, Office of the Inspector General (OIG) any credible evidence that
a principal, employee, agent, subgrantee, contractor, subcontractor, or
other person has -- 1) submitted a claim for grant award funds that violates
the False Claims Act; or 2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct involving grant award funds. Potential fraud, waste, abuse, or
misconduct should be reported to the OIG by: mail: Office of the Inspector
General U.S. Department of Justice Investigations Division 950
Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530; email:
oig.hotline@usdoj.gov; hotline: (contact information in English and
Spanish): (800) 869-4499; or hotline fax: (202) 616-9881. Additional
information is available from the DOJ OIG website at www.usdoj.gov/oig.
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B. RESTRICTIONS AND CERTIFICATIONS REGARDING NON-
DISCLOSURE AGREEMENTS AND RELATED MATTERS
No grantee or subgrantee under this award, or entity that receives a
contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or
statement that prohibits or otherwise restricts, or purports to prohibit or
restrict, the reporting (in accordance with law) of waste, fraud, or abuse to
an investigative or law enforcement representative of a federal department
or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency
making this award, to contravene requirements applicable to Standard
Form 312 (which relates to classified information), Form 4414 (which
relates to sensitive compartmented information), or any other form issued
by a federal department or agency governing the nondisclosure of
classified information.
(1) In accepting this award, the grantee:
(a) represents that it neither requires nor has required internal
confidentiality agreements or statements from employees or contractors
that currently prohibit or otherwise currently restrict (or purport to prohibit
or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
(b) certifies that, if it learns or is notified that it is or has been requiring its
employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting
of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds, will provide prompt written notification
to DCJ, and will resume (or permit resumption of)such obligations only if
expressly authorized to do so by that agency.
(2) If the grantee does or is authorized to make subawards or contracts
under this the grantee:
(a) represents that it has determined that no other entity that the
recipient's application proposes may or will receive award funds (whether
through a subaward, contract, or subcontract) either requires or has
required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or
purport to prohibit or restrict) employees or contractors from reporting
waste, fraud, or abuse as described above; and
(b) represents that it has made appropriate inquiry, or otherwise has an
adequate factual basis, to support this representation; and
(c) it certifies that, if it learns or is notified that any subrecipient,
contractor, or subcontractor entity that receives funds under this award is
or has been requiring its employees or contractors to execute agreements
or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that
entity, will provide prompt written notification to DCJ, and will resume (or
permit resumption of) such obligations only if expressly authorized to do
so by that agency.
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5. HIGH -RISK
Grantee agrees to comply with any additional requirements that may be
imposed during the grant performance period if the agency determines
that the grantee is a high -risk grantee.
6. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT AND
UNIVERSAL IDENTIFIER REQUIREMENTS
Grantee agrees to comply with applicable requirements regarding
registration with the System for Award Management (SAM) (or with a
successor government -wide system officially designated by OMB and the
federal awarding agency (OJP or OVW). Grantee also agrees to comply
with applicable restrictions on subawards to first -tier subgrantees that do
not acquire and provide a Data Universal Numbering System (DUNS)
number. The details of grantee obligations are posted on the Office of
Justice Programs web site at http://www.ojp.gov/funding/sam.htm or
http://www.ovw.usdoj.gov/docs/sam-award-term.pdf (Award condition:
Registration with the System for Award Management and Universal
Identifier Requirements), and are incorporated by reference here. This
special condition does not apply to an award to an individual who received
the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
7. TEXT MESSAGING POLICY
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the
Department encourages grantees and subgrantees to adopt and enforce
policies banning employees from text messaging while driving any vehicle
during the course of performing work funded by this grant, and to
establish workplace safety policies and conduct education, awareness,
and other outreach to decrease crashes caused by distracted drivers.
8. TRAINING GUIDING PRINCIPLES
http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm for
OJP awards and http://www.ovw.usdoj.gov/grantees.html for OVW awards.
9. GOVERNMENT PERFORMANCE AND RESULTS ACT (GPRA) AND GPRA
MODERNIZATION ACT
Grantee must collect, maintain, and provide to DCJ, data that measure the
performance and effectiveness of activities under this award, in the
manner, and within the timeframes, specified by DCJ. Data collection
supports compliance with the Government Performance and Results Act
(GPRA) and the GPRA Modernization Act, and other applicable laws.
Recipients of OVW grant dollars are required to collect the information
that is included on the Measuring Effectiveness Progress Reports for the
OVW Program under which this award is funded.
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10. FEDERAL PUBLIC POLICY ASSURANCES
A. The Grantee hereby agrees that it will comply, and all of its
Subgrantees will comply with the applicable provisions of:
(1) Safe Streets Act (Safe Streets Act) of 1968, as amended;
(2) Juvenile Justice and Delinquency Prevention Act of 1974, as amended
; and,
(3) All other applicable Federal laws, orders, circulars, regulations or
guidelines.
B. The Grantee hereby agrees that it will comply, and all of its
Subgrantees will comply with the provisions of 28 CFR applicable to
grants and cooperative agreements including:
(1) Part 18, Administrative Review Procedure;
(2) Part 22, Confidentiality of Identifiable Research and Statistical
Information;
(3) Part 23, Criminal Intelligence Systems Operating Policies;
(4) Part 30, Intergovernmental Review of Department of Justice Programs
and Activities;
(5) Part 35, Nondiscrimination on the Basis of Disability in State and Local
Government Services;
(6) Part, 38, Equal Treatment for Faith Based Organizations;
(7) Part 42 Nondiscrimination/Equal Employment Opportunity Policies and
Procedure;
(8) Part 46 and all Department of Justice Programs policies and
procedures regarding the protection of human research subjects,
including obtainment of Institutional Review Board approval, if
appropriate, and subject informed consent;
(9) Part 61 Procedures of Implementing the National Environmental Policy
Act; and,
(10) Part 63 Floodplain Management and Wetland Protection Procedures;
and,
(11) Federal Laws or regulations applicable to Federal Assistance
Programs.
C. Grantee agrees to comply with the requirements of 28 C. F. R. Part 46
and all Department of Justice Programs policies and procedures regarding
the protection of human research subjects, including obtainment of
Institutional Review Board approval, if appropriate, and subject informed
consent.
11. FEDERAL STANDARD ASSURANCES AND CERTIFICATIONS
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A. Standard Assurances
The grantee hereby assures and certifies compliance with all applicable
Federal statutes, regulations, policies, guidelines, and requirements,
including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order
12372 (intergovernmental review of federal programs); and 28 C.F.R. pts.
66 or 70 (administrative requirements for grants and cooperative
agreements). The grantee also specifically assures and certifies that:
(1) It has the institutional, managerial, and financial capability (including
funds sufficient to pay any required non-federal share of project cost) to
ensure proper planning, management, and completion of the project
described in this grant agreement.
(2) It will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
(3) It will give the DCJ, the awarding agency or the Government
Accountability Office, through any authorized representative, access to
and the right to examine all paper or electronic records related to the
financial assistance.
(4) It will comply with all lawful requirements imposed by DCJ and the
awarding agency, specifically including any applicable regulations, such
as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in
2 C.F.R. § 175.15(b).
(5) It will assist DCJ and the awarding agency (if necessary) in assuring
compliance with section 106 of the National Historic Preservation Act of
1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of
historic properties), the Archeological and Historical Preservation Act of
1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy
Act of 1969 (42 U.S.C. § 4321).
(6) It will comply (and will require any subgrantees or contractors to
comply) with any applicable statutorily -imposed nondiscrimination
requirements, which may include the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C.
§ 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002
(42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the
Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments
of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act
of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the
laws for faith -based and community organizations).
(7) If a governmental entity:
(a) it will comply with the requirements of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et
seq.), which govern the treatment of persons displaced as a result of
federal and federally -assisted programs; and
(b) it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28,
which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity
financed in whole or in part by federal assistance.
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Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
B. PROHIBITIONS ON LOBBYING WITH FEDERAL FUNDS
As required by Section 1352, Title 31 of the U.S. Code, and implemented at
28 CFR Part 69, for persons entering into a grant or cooperative agreement
over $100,000, as defined at 28 CFR Part 69, the Grantee certifies, by
accepting this grant award, that:
(1) No federal funds received through this grant award will be paid to any
person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the making of
any federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
federal grant or cooperative agreement; and,
(2) If any funds other than funds through this grant award will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with
this grant award, the Grantee shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities".
C. DEBARMENT, SUSPENSION, INELIGIBLE AND VOLUNTARY
EXCLUSION
Pursuant to Executive Order 12549, Debarment and Suspension,
implemented at 2 CFR Part 2867, for prospective participants in primary
covered transactions, as defined at 2 CFR Section 2867.20(a), and other
requirements, the Grantee certifies, by accepting this grant award, that
neither it nor its principals, Subgrantees or suppliers:
(1) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, sentenced to a denial of Federal benefits by a State or
Federal court, or voluntarily excluded from covered transactions by any
federal federal department or agency;
(2) Have not within a three-year period preceding this grant award been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(3) Have not within a two-year period preceding this grant award been
convicted of a felony criminal violation under any Federal law;
(4) Are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of any
of the offenses enumerated in paragraph (2) of this certification;
(5) Have not within a three-year period preceding this grant award had one
or more public transactions (Federal, State, or local) terminated for cause
or default; and
(6) Where the Grantee is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this grant award.
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Page 55
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
D. FEDERAL TAXES
(1) If the grantee is a corporation, the grantee certifies, by accepting this
grant award, that the corporation has no unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the
tax liability; and
(2) Where the Grantee is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this grant award.
E. CERTIFICATION REGARDING A DRUG FREE WORKPLACE
As required by the Drug -Free Workplace Act of 1988, and implemented at
28 CFR Part 83, Subpart F, for grantees, as defined at 28 CFR Sections
83.620 and 83.650, the Grantee certifies, by accepting this grant award,
that it will provide a drug -free workplace by:
(1) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition;
(2) Establishing an on -going drug -free awareness program to inform
employees about
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug -free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (1);
(4) Notifying the employee in the statement required by paragraph (1) that,
as a condition of employment under the grant, the employee will
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
(5) Notifying DCJ, in writing, within 10 calendar days after receiving notice
under subparagraph (4)(b) from an employee or otherwise receiving actual
notice of such conviction.
(6) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (4)(b), with respect to any employee
who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
(7) Making a good faith effort to continue to maintain a drug -free
workplace through implementation of paragraphs (1), (2), (3), (4), (4), and
(6).
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Page 56
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
12. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND NATIONAL
HISTORIC PRESERVATION ACT (NHPA) COMPLIANCE
A. A. Grantee agrees to assist the DCJ and the federal awarding agency
(OJP or OVW) in carrying out its responsibilities under NEPA (NEPA, 42
U.S.C. section 4321 et seq.), NHPA, other related laws and related federal
environmental impact analysis requirements, if grantee plans to use grant
funds (directly or through subgrant or contract) to undertake any activity
that triggers these requirements, such as renovation or construction. (See
28 C.F.R. Part 61, App. D.). Accordingly, prior to obligating grant funds, the
grantee agrees to first determine if any of the following activities will be
related to the use of the grant funds and, if so, to advise DCJ and request
further NEPA implementation guidance.
B. Grantee understands that this special condition applies to its
activities whether or not they are being specifically funded with these
grant funds. As long as the activity needs to be undertaken in order to use
these grant funds (directly or through subgrant or contract), this
requirement first must be met. The activities covered by this condition are:
(1) New construction;
(2) Any renovation or remodeling of a property either listed on or eligible
for listing on the National Register of Historic Places, or an
environmentally or historically sensitive area, including properties located
within a 100 -year flood plain, a wetland, or habitat for endangered species;
(3) Renovation, lease or any other proposed use of a building or facility
that will either result in a change in its basic prior use, or significantly
change its size.
(4) Implementation of a new program involving the use of chemicals other
than chemicals that are purchased as an incidental component of a funded
activity and traditionally used, for example, in office, household,
recreational or educational environments.(5) Research and technology
whose anticipated and future application could be expected to have an
effect on the environment; and(6) Implementation of a program relating to
clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine
laboratories.
C. The grantee also agrees to comply with all Federal, State, and local
environmental laws and regulations applicable to the development and
implementation of the activities to be funded under this award.
13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
[This provision applies only to entities that provide medical care and
treatment] The Grantee acknowledges that it is a covered health care
provider under the Health Insurance Portability and Accountability Act, 42
U.S.C. 1320d- 1320d-8, and its implementing regulations and agrees to
comply with the requirements of HIPAA concerning any uses and
disclosures of protected health information.
Generate Award Documents
Page 57
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
14. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF
2006 (FFATA)
The Grantee agrees to comply with applicable requirements to report first -
tier subawards of $25,000 or more and, in certain circumstances, to report
the names and total compensation of the five most highly compensated
executives of the first -tier subgrantees of award funds. Such data will be
submitted to the FFATA Subaward Reporting System (FSRS). The details
of recipient obligations, which derive from the Federal Funding
Accountability and Transparency Act of 2006 (FFATA), are posted on the
Office of Justice Programs web site at
http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting
Subawards and Executive Compensation), and are incorporated by
reference here. This condition, and its reporting requirement, does not
apply to grant awards made to an individual who received the award as a
natural person (i.e., unrelated to any business or non-profit organization
that he or she may own or operate in his or her name).
Generate Award Documents
Page 58
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
EXHIBIT B1 - STATEMENT OF WORK
(Project Summary)
Project Summary:
Include a brief description of your project. Include target population, estimated number to be
served annually and services to be provided. See instructions for further information. (maximum
length = 1,000 characters)
This project's goal is to provide direct service to all crime victims, witnesses and
people experiencing a trauma when Weld County Law Enforcement is involved.
Specifically, this project will ensure that victims and witnesses who only speak
Spanish will have access to the same services English speaking clients have.
The intentions of this project will include direct service, productions of written
materials in Spanish, court advocacy on the weekends, translation services for
law enforcement when speaking with a victim or a witness, involvement in local
and state committees against human trafficking, community efforts and
volunteer team building and training. Estimated victims served is approximately
750 per calendar year for the one 0.95 FTE, and one part-time employees
included in the bi-lingual unit.
Project Description:
Describe in a clear and succinct way the project, staff and services you plan to provide with
these grant funds. See instructions for further information. (maximum length = 6,500 characters)
This special sub -unit within the Weld County Victims Services Unit will employ a
0.95 FTE as a bi-lingual service provider and one part time bi-lingual service
provider. The 0.95 FTE bi-lingual provider will primarily be responsible for
developing and implementing intentional efforts and protocol to ensure the best
services possible for clients who speak primarily Spanish. The 0.95 FTE victim
advocate will delegate duties to the part time advocate at the guidance and
direction of the Victim Services Director, to intervene in crises situations and
collaborate with other community intervention efforts for Spanish speaking
citizens and victims of human trafficking. The bi-lingual part-time position will
cover on call when the other staff are off duty and will focus primarily on direct
service and data documentation and duties as assigned by the 0.95 FTE
advocate and the Director of Victim Services. The 0.95 FTE advocate will also
assist in recruiting volunteers and ensuring they are identifiable on -scene. This
will involve purchasing supplies for recruiting, shirts or jackets for identification
purposes, and access to a cell phone and police radio to ensure they are
accessible when needed.
Purpose Area: Victims Services
Check only those project purpose areas that describe the type of activities and services for
which you are requesting funds. See instructions for further information.
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Page 59
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Does your agency assist victims with Yes
applying for Victim's Compensation?
Does your agency utilize volunteers? Yes
Victims Services Type of Crime:
Provide only the number of victims who will receive services from Crime Victims Services (CVS)
grant funded personnel during the 12 -month period. See instructions for further information.
Type of Crimes
Est. # of Victims
Adult Physical Assault
60
Adult Sexual Assault
10
Adults Sexually Abused/Assaulted as Children
Arson
Bullying (Verbal, Cyber or Physical)
Burglary
5
Child Physical Abuse or Neglect
25
Child Pornography
10
Child Sexual Abuse/Assault
50
Domestic and/or Family Violence
300
DUI/DWI Incidents
5
Elder Abuse or Neglect
5
Hate Crime: Racial/Religious/Gender/Sexual Orientation/Other
10
Human Trafficking: Labor
40
Human Trafficking: Sex
20
Identity Theft/Fraud/Financial Crime
Kidnapping (includes parental, custodial)
20
Mass Violence (domestic/international)
Other Vehicular Victimization (e.g. hit & run)
Robbery
5
Stalking/Harassment
5
Survivors of Homicide Victims
10
Teen Dating Victimization
20
Terrorism (domestic/international)
Violation of a Court (Protective) Order
50
Other - please explain
100
UNDUPLICATED TOTAL
750
If "Other", please specify: other violent crime
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Page 60
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Victims Services Type of Services:
No single entry/category in this table can exceed the TOTAL NUMBER OF VICTIMS in the table
above.
Type of Services
Est. # of Victims
Information & Referral
Information about the criminal justice process
500
Information about victim rights, how to obtain notifications, etc.
500
Referral to other victim service programs
300
Referral to other services, supports & resources (legal, medical, faith -based, address confidentiality,
etc.)
100
Personal Advocacy/Accompaniment
Victim advocacy/accompaniment to emergency medical care
30
Victim advocacy/accompaniment to medical forensic exam
10
Law enforcement interview advocacy/ accompaniment
300
Individual advocacy (assistance in applying for public benefits, return of personal property)
Performance of medical forensic exam or interview, or medical evidence collection
Immigration assistance
Intervention with employer, creditor, landlord, or academic institution
20
Child or dependent care assistance (provided by your agency)
Transportation assistance (provided by your agency)
Interpreter services
120
Emotional Support or Safety Services
Crisis intervention (in -person, includes safety planning)
300
Hotline/crisis line counseling
500
Individual counseling
On -scene crisis response
300
Therapy (including alternative healing, art, play, etc.)
Support groups (facilitated or peer)
Emergency financial assistance (includes petty cash, payment for food/clothing, taxis, meds, durable
medical equipment)
Shelter/Housing Services
Emergency shelter or safe house
Transitional housing
Relocation assistance
Criminal/Civil Justice System Assistance
Notification of criminal events
Victim impact statement assistance
Restitution assistance
Emergency justice -related assistance
Civil legal attorney assistance in obtaining protection order
Civil legal attorney assistance with family law issues (custody, visitation or support)
Other civil legal attorney assistance (e.g. landlord/ tenant, employment)
Immigration attorney assistance
Prosecution interview/advocacy/accompaniment (includes victim/witness)
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Page 61
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Criminal advocacy/accompaniment
90
Civil advocacy/accompaniment (includes victim advocate assisting wtih protection orders)
Other
Law Enforcement Type of Services:
Complete this section if you are requesting funds for a Law Enforcement Officer or Investigator
who will handle domestic violence, sexual assault, stalking, and/or dating violence cases/
incidents for victims age 11 and older. Estimate the number of cases/incidents that will be
handled by grant funded personnel during the first year of the grant period. Complete only those
that aDDly.
Type of Crime
Est. # Cases /
Incidents
Calls for Assistance (911 & other)
Incident Reports
Cases/Incidents Investigated
Arrests
Dual Arrests
Protection/Ex Parte/Temporary Restraining Orders Served
Arrests for Violation of Bail Bond
Enforcement of Warrants
Arrests for Violation of Protection Orders
Protection Orders Issued
Referrals of Cases to Prosecutor
Referrals of Federal Firearms Charges to Federal Prosecutor
Forensic Medical Evidence
Prosecution Type of Cases:
Complete this section if you are requesting funds for a Prosecutor or Investigator who will handle
domestic violence, sexual assault, stalking, and/or dating violence cases/ incidents for victims
age 11 and older. Estimate the number of cases/incidents that will be handled by grant funded
personnel during the first year of the grant period. Complete only those that apply.
Type of Crime
Est. # Cases /
Incidents
Misdemeanor Sexual Assault
Felony Sexual Assault
Homicide Related to Sexual Assault, Domestic Violence or Stalking
Domestic Violence/Dating Violence Ordinance
Misdemeanor Domestic Violence/Dating Violence
Felony Domestic Violence/Dating Violence
Stalking Ordinance
Misdemeanor Stalking
Felony Stalking
Violation of Protective Order
Violation of Bail
Violation of Probation or Parole
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Page 62
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Violation of Other Court Order
Training Area:
This table should only be completed if you are requesting funds for a FORMAL training project
for professionals/volunteers, primarily outside your agency, who work directly with victims. There
are only two eligible categories of training activities: 1) Training on domestic violence, sexual
assault, stalking, and dating violence or; 2) Statewide or multi jurisdictional training pertaining to
victim assistance. This DOES NOT include outreach trainings/presentations about your program,
or in-house staff/volunteer training. Refer to the Instructions for further details.
People Trained
Est. # Trained
Advocacy Organization Staff (NAACP, AARP)
Attorneys/Law Students (Non Prosecutors)
Batterer Intervention Program Staff
Correction Personnel (probation, parole, and correctional facilities)
Court Personnel (judges, clerks)
Disability Organization Staff (non -governmental)
Educators (teachers, administrators)
Elder Organization Staff (non -governmental)
Faith -based Organization Staff
Government Agency Staff (vocational rehabilitation, food stamps, TANF)
Health Professionals (doctors, nurses - not including SANE or SAFE's)
Immigrant Organization Staff (non -governmental)
Law Enforcement Officers
Legal Services Staff (not including attorneys)
Mental Health Professionals
Military Command Staff
Multidisciplinary Group
Prosecutors
Sex Offender Treatment Providers
Sexual Assault Nurse/Forensic Examiners
Social Service Organization Staff (food bank, homeless shelter)
Substance Abuse Organization Staff
Supervised Visitation and Exchange Center Staff
Translators/Interpreters
Tribal Government/Tribal Government Agency
Victim Advocates (non -governmental, includes sexual assault, domestic violence and dual)
Victim Assistants (governmental, includes victim -witness specialists/coordinators)
Volunteers
Other
UNDUPLICATED TOTAL
0
Systems Improvement Area:
Generate Award Documents
Page 63
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
Check only those system improvement areas that describe the type of activities and services for
which you are requesting funds. See instructions for further information See instructions for
further information and examples of systems improvement projects.
Generate Award Documents
Page 64
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
EXHIBIT B1 - STATEMENT OF WORK
(Goals and Objectives)
Applicants are limited to three goals with no more than three objectives for each goal. Objectives
must be measurable and related to the personnel/consultants requested in the grant and any
match personnel.
Goal 1: Build a team refelctive of best standards
throughout the state for comprehensive
victim/witness services for spansih speaking
clients
Objective/Position Title Intended Outcome/Impact
Responsible
Data Collection
Timeframe
1.1
Develop protocol and response
proceedures for on scene
response for spanish speaking only
clients/full time bi-lingual
Ensure the protocol meets best
standards throughout the state and
reflect other successful bi-lingual
response units
Quarterly and project reports
June 1 2017
1.2
FTE to ensure all victim/witness
related materials are offered in
both English and Spanish
Spanish speaking only clients have
access to like kind written materials
Creates and saves all materials for
director access
July 2017
1.3
Become involved in a minimum of
one community related project
geared toward the service of the
spanish speaking population/both
the FTE and part time bi-lingual
advocate
Intentional efforts to offer services
and community education as well
as growth of volunteer program
Calender of events and attendance
for both staff
March 2017
Goal 2 (If needed): In accordance with C.R.S. 24-4.1-302.5, the
victim advocates and volunteer victim advocates
will provide, or confirm receipt of, Victims' Rights
Act information, resources, referrals, Victims'
Compensation information, advocacy, education
and crisis support service to all victims of crime.
This service will be provided for crimes reported
to the Weld County Sheriffs Office, and the
Dacono, Firestone, Fort Lupton, Frederick,
Lochbuie, Hudson and Platteville Police
Departments
Objective/Position Title
Responsible
Intended Outcome/Impact
Data Collection
Timeframe
2.1
The Victim Services Specialists will
provide on scene crisis support
and referral information to 300
victims of crime
Victims will have a support system
and resources needed to begin the
process of healing from the critical
event
CiviCore
January 2017 -December 2017
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Page 65
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Objective/Position Title
Responsible
Intended Outcome/Impact
Data Collection
Timeframe
2.2
The Victim Services Unit staff will
remain available 24 hours per day
7 days a week for contact by
officers/deputies on all Victim
Rights Act crimes. The bi-lingual
advocate will remain available
while on call for all translation
needs for victims of VRA crimes
and will respond additionally as
possible and needed.
Victims of crime will have access to
a victim advocate when needed.
CiviCore
January 2017 -December 2017
2.3
The Victim services staff
specialists will review reports
provided from each agency on a
daily basis and attempt to make a
minimum of 600 phone contact and
additional follow up phone calls to
victims of crime.
The unit will be able to identify all
victims of crime, even in the event
that contact was not made to the
unit at the time of the incident and
provide services to all crime victims
Civicore and daily crystal reports
January 2017 -December 2017
Goal 3 (If needed): Use supplies and operating monies to increase
the effectiveness of the new bi-lingual unit
Objective/Position Title Intended Outcome/Impact
Responsible
Data Collection
Timeframe
3.1
Purchase a radio for the new FTE
Increases safety of the FTE and
ability to respond and
communicate effectively in a timely
manner.
Banner and invoices
February 2017
3.2
Purchase miscellaneous items for
volunteer recruitment events and
activities
Items used to increase appeal for
bi-lingual volunteers committing to
work with the VSU. Items such as
magnets in Spanish with important
phone numbers, shirts to identify
the bi-lingual speakers as assisting
with the program and safety
purposes, etc.
Banner and invoices
August 2017
3.3
Quality Assurance Plan:
Describe the approach for evaluating the project in response to the stated objectives, intended
outcomes/impact and data collection. See instructions for further information. (maximum length =
5,000 characters)
The Weld County Victim Services Unit will be utilizing CiviCore data
management which will track client contacts, services, contact information,
serving advocate. Additionally, the staff will be sending out surveys to all clients
served in an effort to continuously assess quality of services. The intended
outcomes for this project is that all English and Spanish speaking residents
have access to services and have available to them an effective and less
traumatic way to communicate with law enforcement.
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Page 66
10/19/2016
Certified Bi-lingual Victim Advocate - year 1
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
75976277
EXHIBIT B2- BUDGET AND BUDGET NARRATIVE
(Budget: Personnel)
Each position must be listed separately and be accompanied by a description that provides
justification for the amount requested and details the basis for determining the cost of each
position. For each position, explain how the salary and fringe benefit rates were determined. See
instructions for further information.
PERSONNEL (TOTALS SUMMARY)
Annual
Amount ($)
Total to be Paid by
Grant Funds ($)
Totals
$58,410
$55,490
Annual Amount ($)
$58,410
Total To Be'; Paid By
Grant Funds ($)
$55,490
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Page 67
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Personnel Details
Position Title and Name: Certified Bi-lingual Victim Advocate - year 1
Annual
Amount ($)
% To Be Paid By
Grant Funds
Total To Be Paid
By Grant Funds ($)
Salary
$40,950
95.00%
138,903'
Fringe
$17,460
95.00%
6,
7
TOTALS
58,410'
5',
490
Hours per week position works for agency: 40
Budget Narrative and Justification:
(maximum length = 1,000 characters)
Weld County would like to hire .95 FTE that is a certified, bi-lingual Victim
Advocate to be utilized for this program. This position would be hired at the
beginning end of a Grade 23 within the Weld County personnel scale, and
based on a step increase after six months, the position wage would be $40,950
for the first year. Weld County calculates benefits (including county paid taxes,
retirement, health insurance, etc) at 42.63%, or $17,460 x .95 = $16,587.
This position will allow the VSU to expand service and have more quality
coverage available to those that speak Spanish as a primary language. With
roughly 30% of the Weld County population that identifies as Hispanic/Latino,
this definitely has been an under -served population within the County.
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Page 68
10/19/2016
Part-time Bi-lingual Victim
Advocate
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Personnel Match)
Amount Recommended/
Requested ($)
Match ($)
Total
Type of
Match
In -kind
$55,490
Upon approval of this grant, the Victim Services Unit would
restructure and change the requiremen...
$15,123
$15,123
Total
Generate Award Documents
Page 69
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Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
Personnel Details (Match)
Item: Part-time Bi-lingual Victim Advocate
Type of Match: In -kind
Budget Narrative and Justification:
Please include in your description the source of match funds (i.e. local VALE, etc.) (maximum
length = 1,000 characters)
Upon approval of this grant, the Victim Services Unit would restructure and
change the requirement of one of the part-time FTE to this new specific purpose
and have the requirement of being a bi-lingual position. This position is
budgeted at $23,422 for the year. $11,400 from Weld County general fund, and
$12,022 from a State VALE grant. By utilizing this position as a part of the new
Bi-lingual Advocate Unit, we can address the under -served population of the
County when the 0.95 FTE position is unavailable, and better serve the citizens
of the County.
For the purpose of the match, we'll use $4,123 from the VALE portion of this
position, and $11,000 of the General Fund portion of this position to total
$15,123 as an in -kind personnel match.
Total($): $15,123
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Page 70
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Supplies & Operating)
Each item must be listed and be accompanied by a description that provides justification for the
budget items and details the basis for determining the cost of each item. See instructions for
further information.
Totals Summary
Amount Recommended/
Requested ($)
Total
$9,000
Item
Budget Narr
�ive and Justification
Total ($)
Operating Supplies and Services
This position would require the use of a phone, vehicle, radio, office
supplies, volunteer suppli...
$9,000
Generate Award Documents
Page 71
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
Supplies & Operating Details
Item: Operating Supplies and Services
Budget Narrative and Justification:
(maximum length = 1,000 characters)
This position would require the use of a phone, vehicle, radio, office supplies,
volunteer supplies and printing. The intention of the increase is to also increase
the volunteer pool available to the VSU and pamphlets available to the Spanish
speaking community.
Phone for Bilingual Advocate: $750 for one year
Vehicle to be purchased by Weld County Sheriffs Office - approximate value
$20,000 - for Bilingual Advocate: (VOCA funds will pay for up to 95% of fuel
obtained at WCSO pumps, maintenance, mileage): $2,800
Police Radio for Bilingual Advocate: $4,000
Printing, office supplies and supplies for Bilingual Advocate and volunteers,
including WCSO Victim Advocate identifying shirts/jackets : $1,450
Total increase to operating budget: $9,000
Total($): $9,000
Generate Award Documents
Page 72
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Supplies & Operating Match)
Totals Summary
Amount Recommended/
Requested ($)
Match ($)
Total
Item
Operating budget for VSU
Type of
Match
Budget,
$9,000
$9,000
The current operating budget for the Victim Services Unit in
FY2016 is $30,606. Assuming that app...
$1,000
In -kind
Generate Award Documents
Page 73
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
Supplies & Operating Details (Match)
Item: Operating budget for VSU
Type of Match: In -kind
Budget Narrative and Justification:
Please include in your description the source of match funds (i.e. local VALE, etc.)(maximum
length = 1,000 characters)
The current operating budget for the Victim Services Unit in FY2016 is $30,606.
Assuming that approximately 1/10 of the existing budget is used for Spanish
services (printing, vehicle, radio and supplies for part-time advocate), the match
of $3,061 is a low estimate of what would be set aside for this purpose.
Updated: Based on calculated match needs, we only need $1,000 to meet our
match requirement. Even though we assume much more will be used for this
purpose, the match has been reduced to $1,000 in this section.
Total($): $1,000
Generate Award Documents
Page 74
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
75976277
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Travel)
Each travel request must be listed and accompanied by a description that provides justification
for the items and details the basis for determining the cost of each item. For each item
requested, explain the relationship of each travel related item to the project. See instructions for
further information.
Totals Summary
Amount Recommended/
Requested ($)
Total
$0
em
Budget Narrative and Justification
Total (
This list contains no items
Generate Award Documents
Page 75
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Travel Match)
Totals Summary
Amount Recommended/
Requested ($)
Match ($)
Total
Item
Type o
Match
$0
$0
This list contains no items
Generate Award Documents
Page 76
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
75976277
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Equipment)
Each piece of equipment must be listed and be accompanied by a description that provides
justification for the budget items and details the basis for determining the cost of each item. For
each item listed, explain why the proposed equipment is essential to implementing the project.
See instructions for further information.
Totals Summary
Amount Recommended/
Requested ($)
Total
$0
item
Budget Narrative
nd Justification
Total {
This list contains no items
Generate Award Documents
Page 77
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Equipment Match)
Totals Summary
Amount Recommended/
Requested ($)
Match ($)
Total
Type 01
Match
udget Narrative and
This list contains no items
$0
$0
Generate Award Documents
Page 78
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
75976277
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Professional Services & Consultants)
Each vendor must be listed separately and be accompanied by a description that provides
justification for the budget items and details the basis for determining the cost of each item. For
each consulting organization or individual added, explain how the hourly rate or flat rate was
determined. See instructions for further information.
Totals Summary
Amount Recommended/
Requested ($)
Total
$0
Item
Budget Narrative and Justification`'
This list contains no items
Total
Generate Award Documents
Page 79
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Professional Services & Consultants Match)
Totals Summary
Amount Recommended/
Requested ($)
Match ($)
Total
Type of
Match
Budget Narra
This list contains no items
$0
$0
Generate Award Documents
Page 80
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
2015 -VA -16-013724-19
Project: Bilingual Advocate Unit
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Indirect Costs)
Totals Summary
Amount Recommended/
Requested ($)
Recommended ($)
Difference From
Previous Amount ($)
Total
$0
$0
Iter
m Description
This list contains no items
$0
Total (s)'
Generate Award Documents
Page 81
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Indirect Costs Match)
Totals Summary
Amount
Recommended ($)
Match ($)
Total
Type
of
Item Di
$0
Total
($)
$0
This list contains no items
Generate Award Documents
Page 82
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
(Budget Total Request)
Amount
Requested ($)
Match ($)
Total
Budget ($)
PERSONNEL
SUPPLIES & OPERATING
5 ,490
$15,123
$70,613
$10,000.
TRAVEL
$0
$0
EQUIPMENT
0
PROFESSIONAL SERVICES/CONTRACT CONSULTANTS
i0
$0
INDIRECT/ADMIN COSTS
GRAND TOTAL
$64,490
$0
$16,123
$80,613
Grantee Match
Requirement
Match Calculation:
Match Amount
Required
Current
Calculated Match
Percentage
20%
$16;123
20.00%
Current Funding
Current Funding:
If not currently receiving Crime Victim Services grant funds (VOCA, VAWA, SASP and/or State
VALE) through the Office for Victims Programs (OVP), you must describe how the requested
budget items are currently being funded. (maximum length = 2,000 characters)
This is a new project to expand the service and effectiveness of the Weld
County Victim Services Unit for 2017.
Additional Project Funding
Will this project be funded using Yes
ADDITIONAL FUNDS other than those
provided from this grant?
If "Yes", list the type and approximate amount of other funding that will be used to support this
roiect. Do not include in -kind match.
Description
Amount ($)
Federal
State
VALE funding
$4,123
County Government
Weld County General Fund
$12,000
Municipal Government
Generate Award Documents
Page 83
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Local VALE
Private
Other (Specify)
ADDITIONAL PROJECT FUNDING TOTAL:
6,123
Please describe all sources of funding that you have solicited or plan to
solicit and indicate if the funds have been approved or are pending:
(maximum length = 2,000 characters)
Weld County Sheriffs Office is always looking for additional ways to fund this
program to increase effectiveness and efficiency. General Fund dollars will
always be utilized, and VALE and VOCA grants are solicited regularly to
support this program. Any grant opportunities that meet our needs will be
requested. There is currently nothing else pending.
Current award: VALE grant for $71,638 for one year; July 1, 2016 - June 30,
2017.
Current award: One-time VOCA grant for $2,100 for one year; May 1, 2016 -
April 30, 2017.
Generate Award Documents
Page 84
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
Financial Management
1. What accounting system does your organization use?
List the name and a brief description of the system.
Banner - an Oracle Fusion Middleware Forms Services software.
2. This grant will be on a cost reimbursement basis. What will be your
organization's source of cash and how will your organization manage its
cash flow between the time costs are incurred and reimbursed?
Weld County has a contingency fund that can accommodate the expenses until
reimbursement has been made.
3. Which of the following applies to your Agency has expended over $750,000 in federal
agency: funding in the last calendar year from all
combined sources.
Please submit the most recent A-133 audit and Management Letter to DCJ.
3a. Date of most recent A-133 Audit, Financial 06/29/2015
Audit or Financial Review:
3b. Date sent to DCJ: 03/01/2016
3c. Were there any findings, questioned costs No
or unallocated costs?
4. Does your accounting system separate all Yes
revenues and expenditures by funding
source?
5. Does your accounting system track Yes
revenues and expenditures for each grant
award separately through a sub -ledger
system?
6. Does your accounting system allow Yes
expenditures to be classified by the broad
budget categories listed in the approved
budget in your grant, i.e. Personnel, Supplies
and Operating, Travel, Equipment and
Professional Services?
Generate Award Documents
Page 85
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
7. Does your organization have written Yes
financial policies and procedures (specific to
grants) in place that describe items such as:
meeting all grant requirements, the
preparation of grant financial reports and
statements, the disclosure of financial
documents, the ability for staff to prevent and
detect misstatements in financial reporting, a
method to trace funds, and a process to
maintain and safeguard all cash, real and
personal property, and other assets?
8. Is this grant request for less than Yes
$100,000?
9. Is this grant request for a new project? Yes
10. Has your organization been in existence Yes
for three (3) years or more?
11. Does the staff assigned to this project Yes
have two (2) or more year's prior experience
with projects with the same or similar
requirements?
12. Does your organization have internal Yes
controls in place, such as: a review process
to determine reasonableness, allowability and
allocability of costs, separation of duties,
dual signatures on certain checks,
reconciliations or other fiduciary oversight?
13. Does your organization reconcile sub- Yes
ledgers to your general ledger at least
monthly?
14. Are accounting records supported by Yes
source documentation such as invoices,
receipts, timesheets, etc.?
15. Does your organization routinely record Yes
the grant number or other unique identifier on
all source documents such as invoices,
receipts, time records, deposit records, etc.?
16. Does your organization maintain time Yes
sheets approved by the employee, supervisor
and project director for each employee paid
by these grant funds?
17. Will this grant funded project generate No
program income?
18. If your agency is a non-profit, do the Not Applicable
Board bylaws and policies describe the
involvement of the Board in the financial
oversight and direction of your agency?
Generate Award Documents
Page 86
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
19. Does your accounting system have the Yes
ability to track in -kind and/or cash match
funds?
20. Are you able to ensure that you will not be Yes
using these grant funds to provide services
that will be paid by Victim Compensation?
Generate Award Documents
Page 87
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT C - SAMPLE OPTION LETTER
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
OPTION LETTER
Date
State Fiscal Year
Option Letter #
CMS Routing #
1) OPTIONS: Applicable options.
a. Option to renew only (for an additional term)
b. Change in the amount of goods within current term
c. Change in amount of goods in conjunction with renewal for additional
term
d. Level of service change within current term
e. Level of service change in conjunction with renewal for additional term
f. Option to initiate next phase of a contract
2) REQUIRED PROVISIONS.
a. In accordance with Section(s) of the Original Contract between
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and , the State hereby exercises its option for an
additional term beginning and ending on at a
specified in Section
b. In accordance with Section(s) of the Original Contract between
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and , the State hereby exercises its option to in
the amount of at the same rate(s) as specified in
c. In accordance with Section of the Original Contract between
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and , the State hereby exercises its option for an
additional term beginning and ending on at a
specified in Section , AND/OR in the amount of at
the same rate(s) as specified in
d. In accordance with Section(s) of the Original Contract between
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and , the State hereby exercises its option to initiate Phase
for the term beginning and ending on at the
specified in Section
e. The amount of the current Fiscal Year contract value is by
to a new contract value of as consideration for
ordered under the contract for the current fiscal year . The first
sentence in Section is hereby modified accordingly. The total
contract value including all previous amendments, option letters, etc. is
Generate Award Documents
Page 88
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
3) EFFECTIVE DATE. 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
Department of Public Safety, Division of Criminal Justice
By: Date:
Jeanne M. Smith, Director
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants.
This Grant is not valid until signed and dated below by the State Controller
or delegate. If Grantee begins performing prior thereto, the State of
Colorado may not be obligated to pay Grantee for such performance or for
any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Date:
Department of Public Safety, George Kelley, Procurement Director
Generate Award Documents
Page 89
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT D - SAMPLE GRANT FUNDING CHANGE
LETTER
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
GRANT FUNDING CHANGE LETTER
Date
Original Contract CMS #
Grant Funding Change Letter #
CMS Routing #
TO:
In accordance with Section of the Original Contract between the
State of Colorado, Department of Public Safety, Division of Criminal
Justice, and beginning and ending on , the
undersigned commits the following funds to the Grant:
The amount of grant funds available and specified in Section is
increased/decreased by to a new total funds available of
for the following reason:
Section is hereby modified accordingly.
This Grant Funding Letter does not constitute an order for services under
this Grant.
The effective date of hereof is upon approval of the State Controller or
, whichever is later.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
By: Date:
Jeanne M. Smith, Director
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants.
This Grant is not valid until signed and dated below by the State Controller
or delegate. If Grantee begins performing prior thereto, the State of
Colorado may not be obligated to pay Grantee for such performance or for
any goods and/or services provided hereunder.
Generate Award Documents
Page 90
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Date:
Department of Public Safety, George Kelley, Procurement Director
Generate Award Documents
Page 91
10/19/2016
Applicant: Weld County Sheriffs Office
Project: Bilingual Advocate Unit
75976277
2015 -VA -16-013724-19
EXHIBIT E - SAMPLE CONTRACT AMENDMENT
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
CONTRACT AMENDMENT
Amendment #
Original Contract CMS #
Amendment CMS #
1) PARTIES
This Amendment to the above -referenced Original Contract (hereinafter
called the Contract) is entered into by and between
(hereinafter called "Contractor"), and the STATE OF
COLORADO acting by and through the Department of Public Safety,
Division of Criminal Justice (hereinafter called the "State").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved
and signed by the Colorado State Controller or designee (hereinafter
called the "Effective Date"). The State shall not be liable to pay or
reimburse Contractor for any performance hereunder including, but not
limited to, costs or expenses incurred, or be bound by any provision
hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract for/to:
4) CONSIDERATION - COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants
contained herein and other good and valuable consideration are sufficient
and adequate to support this Amendment. The Parties agree to replacing
the Colorado Special Provisions with the most recent version (if such have
been updated since the Contract and any modification thereto were
effective) as part consideration for this Amendment. If applicable, such
Special Provisions are attached hereto and incorporated by reference
herein as:
Generate Award Documents
Page 92
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the
Contract and all prior amendments thereto, if any, remain in full force and
effect except as specifically modified herein.
6) MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as
follows:
7) START DATE
This Amendment shall take effect on the later of its Effective Date or
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this
Amendment and any of the provisions of the Contract, the provisions of
this Amendment shall in all respects supersede, govern, and control. The
most recent version of the Special Provisions incorporated into the
Contract or any amendment shall always control other provisions in the
Contract or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, or
otherwise made available.
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
* Persons signing for Contractor hereby swear and affirm that they are
authorized to act on Contractor's behalf and acknowledge that the State is
relying on their representations to that effect.
CONTRACTOR
Agency or Organization:
By:
Signature: Date:
Generate Award Documents
Page 93
10/19/2016
Applicant: Weld County Sheriffs Office 75976277
Project: Bilingual Advocate Unit 2015 -VA -16-013724-19
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
By: Date:
Jeanne M. Smith, Director
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State
Contracts. This Contract is not valid until signed and dated below by the
State Controller or delegate. If Contractor begins performing prior thereto,
the State of Colorado may not be obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Date:
Department of Public Safety, George Kelley, Procurement Director
Generate Award Documents
Page 94
10/19/2016
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Follow Up Flag:
Flag Status:
Jennifer Oftelie
Thursday, November 03, 2016 5:40 PM
CTB; Deborah Calvin
Sam Kaneta III
Need new signature
DCJ Form 30_Civil Rights Cert. Rev 052016.pdf
High
Follow up
Flagged
Folks, one of the forms for the VOCA grant from the October 19th BOCC meeting (2016-3278) was the wrong version
and needs to be resigned by both Debbie Calvin and Mike Freeman. It can be signed electronically, if that works for your
office as well. I have attached the updated form.
I am out for the next two weeks, can you please coordinate with each other to get this document re-signed and sent off
to the person in the email below? I have filled in all the information, so it just needs signatures. Please copy me when it
is sent so I can keep it in the grant file. I'll do my best to be available to answer any questions tomorrow by cell and
email if needed.
Thank you VERY much! This is the grant that pays for the new full-time position, so we will do whatever we can to meet
their requirements.
Jennifer Oftelie
Weld County Sheriff's Office
Direct: 970-400-2872
Cell: 303-579-2661
From: Hettema - CDPS, Lee [mailto:lee.hettema@state.co.us]
Sent: Thursday, November 03, 2016 2:29 PM
To: Jennifer Oftelie <joftelie@co.weld.co.us>
Subject: Form 30
Hi Jennifer,
Thank you for sending the contract and Form 30. Unfortunately, I do need to have you re-sign the form. The version
you sent is 8/2015 and we need the correct version 05/16 for the file. The form can be signed in ink or electronically.
Debbie Calvin as the project director and Mike Freeman as the Signature Authority are the correct signors, its just the
version that is incorrect. I've attached the correct version of the form to this email. You can either sign and mail to me,
or sign and scan and email to me or fax the signed form to me.
If you have any questions, please contact me.
Lee Hettema
Administrative Assistant III
Division of Criminal Justice - Office for Victims Programs
700 Kipling St. Denver, CO 80215
P 303.239.5719 I Fax: 303-239-5743 I Toll Free: 888.282.1080
Email: lee.hettema@state.co.us<mailto:lee.hettema@state.co.us>
http://dcj.ovp.state.co.us/ <http://dcj.ovp.state.co.us/>
2
Cheryl Hoffman
From:
Sent:
To:
Subject:
Hettema - CDPS, Lee <lee.hettema@state.co.us>
Friday, November 04, 2016 10:25 AM
Cheryl Hoffman
Re: Replacement forms
The electronic is fine. No need to mail the original.
Lee Hettema
Administrative Assistant III
Division of Criminal Justice - Office for Victims Programs
700 Kipling St. Denver, CO 80215
P 303.239.5719 1 Fax: 303-239-5743 1 Toll Free: 888.282.1080
Email: lee.hettema@state.co.us <mailto:lee.hettema@state.co.us>
http://dcj.ovp.state.co.us/
On Fri, Nov 4, 2016 at 10:20 AM, Cheryl Hoffman <choffman@co.weld.co.us <mailto:choffman@co.weld.co.us> > wrote:
You are welcome. Do you need the original sent, or does the electronic version suffice?
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street I P.O. Box 7581 Greeley, CO 80632
email: choffman@weldgov.com <mailto:choffman@weldgov.com>
tel: (970) 400-4227 <tel:%28970%29%20400-4227>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender
by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
Original Message
From: Hettema - CDPS, Lee [mailto:lee.hettema@state.co.us<mailto:lee.hettema@state.co.us>]
Sent: Friday, November 04, 2016 10:17 AM
To: Cheryl Hoffman <choffman@CO.WELD.CO.US <mailto:choffman@CO.WELD.CO.US> >
Subject: Re: Replacement forms
Looks great. Thank you.
1
Lee Hettema
Administrative Assistant III
Division of Criminal Justice - Office for Victims Programs
700 Kipling St. Denver, CO 80215
P 303.239.5719 <tel:303.239.5719> I Fax: 303-239-5743 <tel:303-239-5743> I Toll Free: 888.282.1080
<tel:888.282.1080>
Email: lee.hettema@state.co.us <mailto:lee.hettema@state.co.us> <mailto:lee.hettema@state.co.us
<mailto:lee.hettema@state.co.us>>
http://dcj.ovp.state.co.us/
On Fri, Nov 4, 2016 at 10:11 AM, Cheryl Hoffman <choffman@co.weld.co.us <mailto:choffman@co.weld.co.us>
<mailto:choffman@co.weld.co.us <mailto:choffman@co.weld.co.us>>>wrote:
Attached please find the re-signed forms as requested. Do you also need me to snail mail the original?
Please let me know.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street I P.O. Box 758 I Greeley, CO 80632
email: choffman@weldgov.com <mailto:choffman@weldgov.com> <mailto:choffman@weldgov.com
<mailto:choffman@weldgov.com>>
tel: (970) 400-4227 <tel:%28970%29%20400-4227> <tel:%28970%29%20400-4227>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
2
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
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Jennifer Oftelie
Thursday, November 03, 2016 5:40 PM
CTB; Deborah Calvin
Sam Kaneta III
Need new signature
DCJ Form 30_Civil Rights Cert_ Rev 052016.pdf
High
Follow up
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Folks, one of the forms for the VOCA grant from the October 19th BOCC meeting (2016-3278) was the wrong version
and needs to be resigned by both Debbie Calvin and Mike Freeman. It can be signed electronically, if that works for your
office as well. I have attached the updated form.
I am out for the next two weeks, can you please coordinate with each other to get this document re-signed and sent off
to the person in the email below? I have filled in all the information, so it just needs signatures. Please copy me when it
is sent so I can keep it in the grant file. I'll do my best to be available to answer any questions tomorrow by cell and
email if needed.
Thank you VERY much! This is the grant that pays for the new full-time position, so we will do whatever we can to meet
their requirements.
Jennifer Oftelie
Weld County Sheriff's Office
Direct: 970-400-2872
Cell: 303-579-2661
From: Hettema - CDPS, Lee [mailto:lee.hettema@state.co.us]
Sent: Thursday, November 03, 2016 2:29 PM
To: Jennifer Oftelie <joftelie@co.weld.co.us>
Subject: Form 30
Hi Jennifer,
Thank you for sending the contract and Form 30. Unfortunately, I do need to have you re-sign the form. The version
you sent is 8/2015 and we need the correct version 05/16 for the file. The form can be signed in ink or electronically.
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Debbie Calvin as the project director and Mike Freeman as the Signature Authority are the correct signors, its just the
version that is incorrect. I've attached the correct version of the form to this email. You can either sign and mail to me,
or sign and scan and email to me or fax the signed form to me.
If you have any questions, please contact me.
Lee Hettema
Administrative Assistant III
Division of Criminal Justice - Office for Victims Programs
700 Kipling St. Denver, CO 80215
P 303.239.5719 I Fax: 303-239-5743 I Toll Free: 888.282.1080
Email: lee.hettema@state.co.us <mailto:lee.hettema@state.co.us>
http://dcj.ovp.state.co.us/ <http://dcj.ovp.state.co.us/>
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Hello