HomeMy WebLinkAbout20162058.tiffnty" Attorney
RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR JUVENILE DIVERSION PROGRAM (FY16-17)
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Grant Agreement for the Juvenile
Diversion Program (FY16-17) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District
Attorney's Office, and the Colorado Division of Criminal Justice, commencing July 1, 2016, and
ending June 30, 2017, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Grant Agreement for the Juvenile Diversion Program (FY16-17)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and the
Colorado Division of Criminal Justice be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dotifwv addo;e,k.
Weld County Clerk to the Board
BY.
eputy Clerk to the Board
APPRO
Date of signature: 1 / QCo! @o t �o
Cie.' CLA Kt )
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
ulie A. Cozad
Steve Moreno
O`a/3W/t1
Dti
2016-2058
DA0025
MICHAEL J. ROURKE
District Attorney
ROBERT W. MILLER
Assistant District Attorney
Office of the District Attorney
Nineteenth Judicial District
915 10TH Street
P.O. Box 1167
Greeley, CO 80632
Phone: (970) 356-4010
Fax: (970) 352-8023
www.weldda.com
To: Board of County Commissioners
From: Kirsta Britton
Director, Juvenile Diversion
Date: June 27, 2016
RE: Juvenile Diversion Grant Acceptance of Funds — FY 16-17
For your approval to submit to the State, is the acceptance of funds for the Division of Criminal
Justice Diversion grant funds for fiscal year 2016-2017.
2016-2058
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
Grant #
CMS #
2017 -DV -17-010297-19
91688
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
GRANT AGREEMENT
with
Weld County
TABLE OF CONTENTS
1. PARTIES
2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
2
3. RECITALS
2
4. DEFINITIONS
3
5. TERM
4
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
17. RIGHTS IN DATA, DOCUMENTS; AND COMPUTER SOFTWARE
18
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
27
EXHIBIT A3 - COLORADO SUPPLEMENTAL PROVISIONS FOR FFATA [NOT APPLICABLE]
30
EXHIBIT A4 - ADDITIONAL FEDERAL REQUIREMENTS [NOT APPLICABLE]
31
EXHIBIT B1 - STATEMENT OF WORK
32
EXHIBIT B2 - BUDGET AND BUDGET NARRATIVE
37
EXHIBIT C - SAMPLE OPTION LETTER
53
EXHIBIT D - SAMPLE GRANT FUNDING CHANGE LETTER
55
EXHIBIT E - SAMPLE CONTRACT AMENDMENT
57
Generate Award Documents
Page 1
06/13/2016 _��
olio/6 - 0206 i6)
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
1. PARTIES
This Grant Agreement (hereinafter called "Grant") is entered into by and
between Weld County (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.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in the Juvenile Diversion Program,
as defined in the Colorado Revised Statue §19-2-203, and under statutory
authority of the Division of Criminal Justice, Colorado Revised Statutes
§24-33.5-503, and under applicable program rules established by the
Division of Criminal Justice. Funds have been budgeted, appropriated and
otherwise made available and 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 state Juvenile Diversion purpose is to prevent further involvement of
juveniles in the formal justice system. Focusing on holding youth
accountable for behavior while involving them in programs and activities
to prevent future criminal and delinquent behavior.
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.
Generate Award Documents
Page 2
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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
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
"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.
Generate Award Documents
Page 3
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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.
5. TERM
A. Initial Term -Work Commencement
The Parties respective performances under this Grant shall commence on
the later of either the Effective Date or July 01, 2016. This Grant shall
terminate on June 30, 2017 unless sooner terminated or further extended
as specified elsewhere herein.
Generate Award Documents
Page 4
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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 June 30, 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.
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.
Generate Award Documents
Page 5
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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
$90,084, 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.
The maximum amount payable by the State to Grantee during each State
fiscal year of this Grant shall be:
In FY 2016-17
$90,084
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.
Generate Award Documents
Page 6
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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.
Generate Award Documents
Page 7
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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 and .
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
Generate Award Documents
Page 8
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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 seven years
after the date this Grant is completed or terminated, 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 seven years following
termination of this Grant 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.
Generate Award Documents
Page 9
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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
Generate Award Documents
Page 10
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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.
Generate Award Documents
Page 11
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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:
Generate Award Documents
Page 12
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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. [NOT REQUIRED FOR THIS GRANT AGREEMENT]
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
Generate Award Documents
Page 13
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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
Generate Award Documents
Page 14
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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
Generate Award Documents
Page 15
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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.
Generate Award Documents
Page 16
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
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
Department of Public Safety
700 Kipling Street
Denver, Colorado 80215-5897
jeanne.smith@state.co.us
(303) 239-4551
B. Grantee:
Mike Freeman, Chair of the Board
Weld County Board of County Commissioners
1150 O Street
Greeley, CO 80631-9596
mfreeman@weldgov.com
970-356-4000
Generate Award Documents
Page 17
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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.
Generate Award Documents
Page 18
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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
Generate Award Documents
Page 19
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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. Colorado State Special Provisions;
ii. The provisions of the main body of this Grant;
iii. Exhibit A2- Grant Requirements;
iv. Exhibit Al — Special Conditions;
v. 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;
vi. Exhibits B1- Statement of Work and B2- Budget and Budget Narrative.
J. Severability
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.
Generate Award Documents
Page 20
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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
Generate Award Documents
Page 21
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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.
Generate Award Documents
Page 22
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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.
Generate Award Documents
Page 23
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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.
Generate Award Documents
Page 24
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
22. SIGNATURE PAGE
Routing #:91688
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: Weld County
By: Mike Freeman,, h ' of the Board
Signature: Date:
'JUN 292016
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
Stan Hilkey, Executive Director
Signature: Date:
By: Jeanne M. Smith, Director, Division of Criminal Justice
Signatory avers to the State Controller or delegate that Grantee has not
begun performance or that a Statutory Violation waiver has been
requested under Fiscal Rules
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
By: Date:
Signature: Assistant Attorney 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, MBA, JD
By: Date:
Department of Public Safety, Cindy Fredriksen, MBA, Procurement
Director
Generate Award Documents
Page 25
06/13/2016
02,9/6, -,w& -Y6)
iplicant: District Attorney's Office, 19th Judicial District 84309308
roject: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
22. SIGNATURE PAGE
Routing #:91688
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: Weld County
By: Mike Freeman, Chair of the Board
Signature: Date:
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
Stan Hilkey, Exec Dire to
Signature: -e.� / Date: e,7?"/4,
Signatory avers to the State Controller or delegate that Grantee has not
begun performance or that a Statutory Violation waiver has been
requested under Fiscal Rules
Cynthia H. Coffman,
By:,Date:
Attorney General
LEGAL REVIEW
7ney General
Signature: Assistant
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 PA, MBA, JD� ` ((OI L
By: Date: •T Department of Public
Safety, Cindy Fre iksen, MBA, Procurement
Director
06/13/2016
Generate Award Documents
Page 25
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT Al - SPECIAL CONDITIONS
The following program specific requirements are imposed by the Federal
or State sponsoring agency concerning special requirements of law,
program requirements, and other administrative requirements which must
be passed on to subgrant award recipients.
1. Right if Privacy for Recipients of Service and Sharing of information.
The prospective Subgrantee Agency certifies, by submission of this
proposal, that:
a. Pursuant to Section 223(a)(18) of the Juvenile Justice and Delinquency
Prevention Act, procedures have been established to ensure that this
program will not disclose program records containing the identity of
individual juveniles. Exceptions to this requirement are authorization by
law; consent of either the juvenile or his/her legal authorized
representative; or justification that otherwise the functions of this title
cannot be performed. Under no circumstances may public project reports
or findings contain names of actual juvenile service recipients.
b. Necessary information will be shared appropriately among schools, law
enforcement, courts and juvenile -serving agencies pursuant to the Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g), as
amended by Improving America's School Act of 1994 (IASA). FERPA
allows schools to play a vital role in a community's effort to identify
children who are at risk of delinquency and provide services prior to a
child's becoming involved in the juvenile justice system.
c. Necessary information will be shared in accordance with the "Children's
Code Recordsand Information Act," 19-1-301 et seq., Colorado Revised
Statutes, to balance the best interests of children and the privacy interests
of children and their families with the need to share information among
service agencies and the need to protect the public safety.
2. In addition to the "Termination for Cause" item, 6(c) under Grant
Requirements above, the subgrant may be suspended or terminated by the
Division of Criminal Justice if the Subgrantee Agency fails to comply with
the core requirements of the Juvenile Justice and Delinquency Prevention
Act, 1974, as amended: Deinstitutionalization of Status Offenders, Section
223 (a)(12)(A); Separation of Juveniles from Incarcerated Adults, Section
223(a)(13); Removal of Juveniles from Adult Jails and Lockups, Section
223(a)(14); Disproportionate Minority Confinement, Section (a)(23).
3. If you are collecting and disbursing restitution as part of this State -
funded Juvenile Diversion program, you must report the amount collected
and disbursed on DCJ Form 1-B, Table B. This form is to be submitted
quarterly with your financial and narrative reports, which are due fifteen
(15) days after the end of each calendar quarter. NOTE: Do not report
project income generated from your grant on this form. Please report any
project income generated in your quarterly narrative report.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Generate Award Documents
Page 26
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT A2 - GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as
follows:
1. REPORTS
The Grantee assures that it shall maintain data and information to provide
accurate program and financial reports to the State. Said reports shall be
provided in such form, at such times, and containing such data and
information as the State 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.
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.
Generate Award Documents
Page 27
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
2. 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.
3. 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.)
4. 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.
B. Grantee may not assign its rights or duties under this grant without
the prior written consent of the Division of Criminal Justice.
5. 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.
6. ADDITIONAL MONITORING REQUIREMENTS
It is the responsibility of the Grantee to notify any of its project
collaborators and Subgrantees of these provisions.
Generate Award Documents
Page 28
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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.
7. 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 Colorado
State Funds 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.
8. 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.
Generate Award Documents
Page 29
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT A3- COLORADO SUPPLEMENTAL
PROVISIONS FOR FFATA
NOT APPLICABLE TO STATE FUNDED GRANTS
Generate Award Documents
Page 30
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT A4 - ADDITIONAL FEDERAL
REQUIREMENTS
NOT APPLICABLE TO STATE FUNDED GRANTS
Generate Award Documents
Page 31
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT B1- STATEMENT OF WORK
Project Summary
Project Summary:
Include a brief description of the project for which you are requesting Juvenile Diversion funds to
implement. Also include target population, estimated number to be served annually and cost per
person. See instructions for further information. (maximum length = 1,000 characters)
The Weld County District Attorney's Juvenile Diversion Program works to divert
first-time, non-violent juvenile offenders from the traditional court system into
restorative programming to address the juvenile's needs and community safety;
repairing the harm caused and encouraging their future endeavors.
Approximately 150 10-17 year olds who face a first time criminal case will be
served at a cost to the state of approximately $650 per person.
Project Description:
Describe the project to be implemented in this proposal. This section should clearly and
succinctly describe what is going to be done and responsible parties. Address the number of
clients to be served, types of services and cost per client of providing direct services. At a
minimum address the following. See instructions for further information. (maximum length =
9,500 characters)
a. Program philosophy including treatment and supervision approaches.
b. Referral sources.
c. Formal and informal screening and assessment tools utilized, and purpose (e.g., substance
abuse/mental health needs, appropriateness for the program, risk level, protective, recidivism,
service referral, case management). Outline your process to screen, assess and refer youth to
treatment based on their needs, noting whether these functions are performed in-house or
referred out. If a process is not currently in place, please describe your plan to implement a
screening and assessment process during the funded grant cycle.
d. Acceptance criteria for referrals and any acceptance restrictions such as age or type of crime.
e. Specific services to be provided from acceptance to discharge.
f. Provide a list of Restorative Justice Practices.
g. How graduated sanctions will be applied if a youth continues to offend while in the program.
h. Criteria for discharge from the program.
Generate Award Documents
Page 32
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
A.) The Weld County District Attorney's Office Juvenile Diversion Program
seeks to match first time offenders with the appropriate level of services upon
their first contact with law enforcement. The program philosophy is that
providing the proper services as soon as possible will best address a juveniles
needs and therefore, be a preventative measure in eliminating future law
violations. Through understanding the juvenile and the communities' needs,
not all juveniles are appropriate for the low level of supervision that Diversion
provides; therefore, the program does not accept all juveniles referred to the
program. Diversion sanctions strive to repair the harm done to the juveniles'
community, including their school, neighborhood, trust with parents or
guardians, and the victim. Diversion participants receive case management
and appropriate referrals to community -based programs, which could include
Restorative Justice. The Model Programs Guide recommends basic case
management and restorative justice principles for this population.
B.) The Weld County District Attorney's Office Diversion program is a pre -file
Diversion program with referrals coming from the Juvenile Unit of the District
Attorney's Office. Cases are staffed at intake and determined who will be
offered Diversion. Cases determined eligible complete a Diversion intake. After
successful termination, the case goes into a No File status in the CDAC
database Action Viewer. Cases that are filed at intake and are later determined
to be Diversion eligible can still be referred. These cases are dismissed upon
intake to the Diversion program. This is a small number of cases per year but is
an option when Diversion is the best fit.
C.) At Diversion intake, juveniles complete intake paperwork, the MAYSI II and
an intake interview. Previously the CRAFFT tool was being used but other
options are being sought. The intake paperwork and interview are designed to
determine suitability for service options, the level of case management needed,
and what referrals might be appropriate. The MAYSI II affirms the need for
treatment, and which type of treatment, will be included in the Diversion contract
and referrals. The MAYSI provides some information regarding need for
substance treatment, however, we are looking for an additional tool. Ideally this
instrument will be selected and implemented prior to the start of the fiscal year
for which we are seeking funding. Substance and mental health treatment are
referred to outside agents who complete a further assessment.
D.) All first time offenders aged 10-17 will be considered for diversion services.
Violent, drug related, or sex offenses are not eligible. Juveniles with active
gang affiliation are not eligible for services. Additionally, all cases that range
from a petty offense to a class 3 felony are assessed for a referral to
Restorative Justice programming.
E.) Services provided are consistent with the findings of effective programs
through the on -going DCJ Diversion evaluation conducted by OMNI.
Standardized screenings are used to evaluate the juvenile and their family
systems. An agreement is made based on these results. Appropriate referrals
are made to a wide network of community -based services which can include
evidence based programs such as Multi -Systemic therapy and Restorative
Justice Conferencing. Many aspects of the program follow the 8 Principles for
Effective Interventions when appropriate, specifically when addressing the
Target Interventions. Services are provided to this low -risk level cohort for a
minimum of three months. All participants receive case management, in
varying degrees according to participant needs. The current goal will be to
divert 150 juveniles from traditional prosecution per year. This is done at a cost
of approximately $650 per juvenile per year. Steps that Diversion program staff
take to aide a juvenile case through the Diversion program include reviewing
cases for acceptance, administration of mental health and substance abuse
Generate Award Documents
Page 33
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
screens, creation of a Diversion contract with a clear understanding that
contract items must be completed, maintaining records in CDAC and ETO
databases, case management, screening and submitting referrals for treatment
needs or referral to Restorative Justice conferencing, supervision and
monitoring for compliance, and collecting and reporting data. If those juveniles
were to go through the traditional judicial process requiring the time of judges,
court personnel and probation officers, the cost to serve those juveniles would
be significantly higher.
F.) In 2013, Weld County was named as a pilot project site in HB 13-1254. This
pilot project will evaluate 4 sites statewide as they use Restorative Justice
Conferencing as a component of Diversion. The DA's Office Diversion program
has an MOU with a local non-profit program, Youth and Family Connections, to
offer RJ conferences to Diversion participants and reports on such to the
Colorado Restorative Justice Council. Current offerings by this agency include
Conference Circles, ReStore shoplifting conferences, and Rethinking
Substances conferences.
G.) The structure of the Weld County Diversion program was built intentionally
so that Diversion is the least restrictive level of supervision for a juvenile who
has committed a criminal offense. Diversion follows the trends of the local
probation department and educates prosecutors offering pleas to ensure that
Diversion remains the least restrictive option. If a juvenile were to be non-
compliant with their agreement, a meeting will be held where additional
sanctions will be assigned. Frequently parents have been consulted first and
parents and the case manager work to help the juvenile come up with their own
graduated sanctions. If a new law violation has been committed or if despite
efforts the juvenile is still non -compliant, the case will be filed with the court and
traditional prosecution ensues. As a matter of graduated sanctions, the juvenile
is required to proceed through the court process and face the consequences of
their initial criminal behavior and the issue of non-compliance with the diversion
program.
H.) Successful completion of the agreements are determined by the juvenile
having provided proof that the conditions have been complied with during the
expected time frames with no new law violations resulting in a delinquency
filing. Upon verification of successful completion, the case receives "no file"
status in the Colorado District Attorneys' Council database Action, noting
completion of the Diversion Program as an explanation for why charges are not
filed. Cases that do not successfully complete sanctions or where a new law
violation occurs are filed with the Court and are prosecuted accordingly.
Population to be Served
Target population: Number of Juveniles Targeted to be Served
White /
Caucasian
Black /
African
American
Hispanic
/ Latino
Asian
American
Indian /
Alaskan
Native
Nat.
Hawaiian
/ Pacific
Islander
Other /
Unknown
Total
Males
33
1
26
0
0
0
3
63
Females
33
1
50
0
0
0
3
87
Total
66
2
76
0
0
0
6
150
Generate Award Documents
Page 34
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
Level of Juvenile Justice Involvement: First Time Offenders
Age Range of Target Population: 10-17
Percent of Total to be Served with Limited 25.00%
English Proficiency:
Provide a narrative description of the population to be served including
age, gender, race/ethnicity and other characteristics of those the project
is intending to serve. Describe how gender/language/cultural issues will
be addressed. See instructions for further information. (maximum length =
2,000 characters)
Historically, the demographics of the Diversion program have closely followed
the racial and ethnic demographics of Greeley/Evans School District 6, as this is
the district where a large majority of Diversion referrals attend school. The
Weld County Diversion program gender make up is different than that of the
state DCJ funded Diversion grantees in that a higher percentage of our youth
served are female. This is something addressed with referral agents so that we
have appropriate referrals for females needing early intervention at the
Diversion level.
We have a high rate of families with limited financial means. In Greeley/Evans
School District 6, nearly 65% of students receive free or reduced lunch. This
means that families face many obstacles such as transportation, housing, and
an inability to pay for services that require a fee for service. There are
programs in the community that have been able to help assist these families on
a referral basis.
It's estimated that around 25% of parents of Diversion youth require Spanish
language translation and the Diversion Case Manager is Spanish speaking.
She is responsible for all case management for juveniles with monolingual
Spanish speaking parents or juveniles who are more comfortable in the Spanish
language.
Generate Award Documents
Page 35
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Goals & Objectives
These are the elements against which the project will be evaluated and which will be used to
report quarterly and final progress. Using the format below; provide project/program goal(s),
objectives, outcomes, measurement and timeframe. See instructions for further information.
Goal 1: Reduce the number of juvenile delinquency
filings/cases by successfully diverting juveniles
from the traditional justice system.
Objective
Outcome
Measurement
Timeframe
1.1
Interview juveniles referred to
Diversion, screen using the MAYSI
II, deliver appropriate sanctions
and referrals, and provide case
management for Diversion clients.
150 youth will be served; 100% of
consenting youth will be screened
with the MAYSI II, 30% will be
referred for a formalized
assessment, 75% of youth will
receive services to which they are
referred, 80% of youth will
complete their agreement, fewer
than 15% of youth will reoffend
within one year of program
completion.
ETO Database, Excel Spreadsheet
and client record, CDAC Action
database and Colorado Courts
Data Access database.
By June 30, 2017
1.2
1.3
Goal 2 (If needed):
Objective
Outcome
Measurement
Timeframe
2.1
2.2
2.3
Goal 3 (If needed):
Objective
Outcome
Measurement
Timeframe
3.1
3.2
3.3
Generate Award Documents
Page 36
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT B2- BUDGET AND BUDGET NARRATIVE
Budget: Personnel
PERSONNEL (TOTALS SUMMARY)
84309308
Annual Full Time
Amount ($)
Total to be Paid by
Grant Funds ($)
Totals
$174,728
$88,011
Position Title
Annual Full Time
Amount ($)
Total To Be Paid By
Grant Funds ($)
Director
$107,053
$37,255
Diversion Case Manager
$67,675
$50,756
Generate Award Documents
Page 37
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
Personnel Details
Position Title and Name: Director
Annual Full Time
Amount ($)
% To Be Paid By
Grant Funds
Total To Be Paid
By Grant Funds ($)
Salary
$75,056
34.80%
$26,120
Fringe
$31,997
34.80%
$11,135
TOTALS
$107,053
$37,255
Budget Narrative and Justification:
(maximum length = 1,000 characters)
The Director will devote 50% of time to this project. Less the cash match, the
amount requested will fund 34.8% of the Director salary and fringe. Salary is
based on the Counties scheduled pay scale. Fringe is calculated by using the
following percentage of the salary: Social Security 7.65%, Unemployment
Compensation .09%, workers compensation insurance premium .08%,
retirement and savings plan payments 10.75%, life insurance and accidental
death and dismemberment .575%, health insurance premium 11.8%, short and
long term disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30%
for a total of approximately 42.6%. The amount included for the Director's
position includes the annual base salary of $75,056 with $31,997 in benefits,
totaling $107,053. Cost of living increases will likely occur during the funding
cycle and are factored into those costs. This salary is approximately $20,000
less than a similar local position.
Personnel Details
Position Title and Name: Diversion Case Manager
Annual Full Time
Amount ($)
% To Be Paid By
Grant Funds
Total To Be Paid
By Grant Funds ($)
Salary
$47,448
75.00%
$35,586
Fringe
$20,227
75.00%
$15,170
TOTALS
$67,675
$50,756
Budget Narrative and Justification:
(maximum length = 1,000 characters)
Generate Award Documents
Page 38
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
The amount requested will fund 100% of the Case manager salary less 25%
cash match. Salary is based on the Counties scheduled pay scale. The cost of
benefits is approximately 42.6% of the base salary. Fringe is calculated by
using the following percentage of the salary for each area: Social Security
7.65%, Unemployment Compensation .09%, workers compensation insurance
premium .08%, retirement and savings plan payments 10.75%, life insurance
and accidental death and dismemberment .575%, health insurance premium
11.8%, short and long term disability .5375%, vacation 4.61%, holiday 4.25%
and sick time 2.30%.
The base salary of the case manager position is $47,448 with benefits costing
$20,227. Cost of living increases will occur during the funding cycle and are
factored into those costs. The case manager salary was set after reviewing the
pay rates of similar positions in the County.
Complete job descriptions are attached as required.
Generate Award Documents
Page 39
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
Budget: Personnel (Match)
For amounts listed under cash or in -kind match, please provide an explanation regarding the
type and source of the matching funds. See instructions for allowable match.
Amount
Recommended ($)
Match ($)
Total
$88,011
$30,027
Position
Type
of
Budget Narrative and Justification
Total
($)
Match
Director
Cash
The Director will devote 50% of time to this project. Less the cash match,
$13,84
the amount requested will fund 34.8% of the Director salary and fringe....
4
Diversion Case
Cash
The amount requested will fund 100% of the Case manager salary less
$16,18
Manager
25% cash match. Salary is based on the Counties scheduled pay scale.
3
The cost o...
Generate Award Documents
Page 40
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Personnel Details (Match)
Position: Director
(maximum length = 50 characters)
Type of Match: Cash
Budget Narrative and Justification:
Include source of match and a solid description of how those funds will be spent. (maximum
length = 1,000 characters)
The Director will devote 50% of time to this project. Less the cash match, the
amount requested will fund 34.8% of the Director salary and fringe. Salary is
based on the Counties scheduled pay scale. Fringe is calculated by using the
following percentage of the salary: Social Security 7.65%, Unemployment
Compensation .09%, workers compensation insurance premium .08%,
retirement and savings plan payments 10.75%, life insurance and accidental
death and dismemberment .575%, health insurance premium 11.8%, short and
long term disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30%
for a total of approximately 42.6%. The amount included for the Director's
position includes the annual base salary of $75,056 with $31,997 in benefits,
totaling $107,053. Cost of living increases will likely occur during the funding
cycle and are factored into those costs. This salary is approximately $20,000
less than a similar local position.
Total($): $13,844
Personnel Details (Match)
Position: Diversion Case Manager
(maximum length = 50 characters)
Type of Match: Cash
Budget Narrative and Justification:
Include source of match and a solid description of how those funds will be spent. (maximum
length = 1,000 characters)
Generate Award Documents
Page 41
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
The amount requested will fund 100% of the Case manager salary less 25%
cash match. Salary is based on the Counties scheduled pay scale. The cost of
benefits is approximately 42.6% of the base salary. Fringe is calculated by
using the following percentage of the salary for each area: Social Security
7.65%, Unemployment Compensation .09%, workers compensation insurance
premium .08%, retirement and savings plan payments 10.75%, life insurance
and accidental death and dismemberment .575%, health insurance premium
11.8%, short and long term disability .5375%, vacation 4.61%, holiday 4.25%
and sick time 2.30%.
The base salary of the case manager position is $47,448 with benefits costing
$20,227. Cost of living increases will occur during the funding cycle and are
factored into those costs. The case manager salary was set after reviewing the
pay rates of similar positions in the County.
Complete job descriptions are attached as required.
Total($): $16,183
Generate Award Documents
Page 42
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
Budget: Supplies & Operating
Totals Summa
Amount Recommended/
Requested ($)
Total
$373
Item
Budget Narrative and Justification
Total ($)
Misc. office supplies:
business cards, file
folder
Line items to include office supplies are estimated to cost $373. Items to be
purchased will include paper supplies such as file folders ($100/yea...
$373
Generate Award Documents
Page 43
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Supplies & Operating Item Details
Item: Misc. office supplies: business cards, file folder
Budget Narrative and Justification:
(maximum length = 1000 characters)
Line items to include office supplies are estimated to cost $373. Items to be
purchased will include paper supplies such as file folders ($100/year), receipt
books ($35/year), business cards ($30/year), calendars/planners ($35/year),
dividers, paper, envelopes, and other general office supplies (pens, paperclips,
post -its, tablets, etc) to be replenished at a rate of approximately $14.42/month,
registration fees for training, and if needed, school supplies for the juveniles
participating in the program. This cost estimate is based on the amount that we
have historically used annually for these items.
Total($): $373
Generate Award Documents
Page 44
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Budget: Supplies & Operating (Match)
For amounts listed under cash or in -kind match, please provide an explanation regarding the
type and source of the matching funds. See instructions for allowable match.
Totals Summary
Amount
Recommended ($)
Match ($)
Total
$373
$0
Item
Type
of
Match
Budget Narrative and Justification
Total
($)
This list contains no items
Generate Award Documents
Page 45
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
Budget: Travel
Totals Summary
Amount Recommended/
Requested ($)
Total
$700
Item
Budget Narrative and Justification
Total ($)
In state travel: trainings,
metro area meetings, e
Anticipated travel costs include at least three trips to Denver for administrative
meetings or trainings with DCJ. Trainings are only attended when...
$700
Generate Award Documents
Page 46
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Travel Details
Item: In state travel: trainings, metro area meetings, e
Budget Narrative and Justification:
(maximum length = 1,000 characters)
Anticipated travel costs include at least three trips to Denver for administrative
meetings or trainings with DCJ. Trainings are only attended when fiscally
prudent. Trainings that require overnight lodging or meal reimbursement will
not be sought this year due to budgetary constraints.
Based on historical actual costs, mileage is estimated at the Weld County
reimbursement rate of1,296.30 miles at $.54/mile. It is estimated that mileage
and associated training and service costs will be $700.00, which is slightly less
than the actual amount used for travel expenses in fiscal year 13-14 which is
why that amount was chosen.
Total($): $700
Generate Award Documents
Page 47
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Budget: Travel (Match)
For amounts listed under cash or in -kind match, please provide an explanation regarding the
type and source of the matching funds. See instructions for allowable match.
Totals Summary
Amount
Recommended ($)
Match ($)
Total
$700
$0
Item
Type
of
Match
Budget Narrative and Justification
Total
($)
This list contains no items
Generate Award Documents
Page 48
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Budget: Professional Services / Consultants
Please refer to the application instructions when completing your application budget. The
instructions contain specific detailed information that will help to ensure the budget you submit is
sufficient, complete and accurate.
List each consultant/contractor separately. Include a description of the services provided with
justification and the basis for determining the cost for each item. Be sure to explain how the
hourly or flat rate was determined.
A DCJ Form 16 that is equal to the amount listed must be provided for each
consultant/contractor once application is approved for funding.
To assist with the DCJ performance measures and reporting requirements, applicants are
required to budget $1,000 to OMNI Institute in the professional Services/consultants section for
use of an electronic reporting and evaluation system.
Totals Summary
Amount Recommended/
Requested ($)
Total
$1,000
Item
Budget Narrative and Justification
Total ($)
OMNI Research &
Evaluation — Online
Reporting
It is not anticipated that the diversion program will be contracting specifically with
an individual or business to provide direct services to the ...
$1,000
Generate Award Documents
Page 49
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Professional Services/Consultants Details
Item: OMNI Research & Evaluation — Online Reporting
Budget Narrative and Justification:
(maximum length = 1,000 characters)
It is not anticipated that the diversion program will be contracting specifically
with an individual or business to provide direct services to the juvenile or their
families in the program. The exception is the required expense by DCJ for
OMNI and the ETO database.
Total($): $1,000
Generate Award Documents
Page 50
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
Budget: Professional Services / Consultants
(Match)
For amounts listed under cash or in -kind match, please provide an explanation regarding the
type and source of the matching funds. See instructions for allowable match.
Totals Summary
Amount
Recommended ($)
Match ($)
Total
$1,000
$0
Item
Type
of
Match
Budget Narrative and Justification
Total
($)
This list contains no items
Generate Award Documents
Page 51
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3
84309308
2017 -DV -17-010297-19
Budget: Total Request
Amount Recommended/
Requested ($)
Match ($)
Total
Budget ($)
PERSONNEL
$88,011
$30,027
$118,038
SUPPLIES & OPERATING
$373
$0
$373
TRAVEL
$700
$0
'
$700
PROFESSIONAL SERVICES/CONTRACT CONSULTANTS
$1,000
$0
$1,000
GRAND TOTAL
$90,084
$30,027
$120,111
Calculated Match Percentage (%): 25.00%
Additional Project Funding
Will this project be funded using Yes
ADDITIONAL FUNDS other than those
provided from this grant?
If "Yes", list the type and approximate amount of other funding that will be used to support this
roiect.
Description
Amount ($)
Federal
State
50% of Director salary for RJ State Pilot
$53,527
County Government
Municipal Government
Private
Other (Specify)
ADDITIONAL PROJECT FUNDING TOTAL:
$53,527
DUNS(+4) Number: 075757955
Generate Award Documents
Page 52
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT C - SAMPLE OPTION LETTER
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
OPTION LETTER
84309308
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 53
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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, Cindy Fredriksen, MBA, Procurement
Director
Generate Award Documents
Page 54
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT D - SAMPLE GRANT FUNDING CHANGE
LETTER
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
GRANT FUNDING CHANGE LETTER
84309308
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 55
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Date:
Department of Public Safety, Cindy Fredriksen, MBA, Procurement
Director
Generate Award Documents
Page 56
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
EXHIBIT E - SAMPLE CONTRACT AMENDMENT
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
CONTRACT AMENDMENT
84309308
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 57
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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 58
06/13/2016
Applicant: District Attorney's Office, 19th Judicial District 84309308
Project: Weld County Juvenile Diversion Program - Year 3 2017 -DV -17-010297-19
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, Cindy Fredriksen, MBA, Procurement
Director
Generate Award Documents
Page 59
06/13/2016
dorifeu
APPROVED AS T
Coun ' ttorney
RE: JUVENILE DIVERSION GRANT ACCEPTANCE OF FUNDS FY 16-17 - OFFICE OF THE
DISTRICT ATTORNEY
ATTEST:
Weld C • untN , lerk to the s oars WELD COUNTY, COLORADO
BY:
BOARD OF COUNTY COMMISSIONERS
Deputy Cler; to the Boar ;% R"s Mike Freeman, Chair
APP:WP E� FUN
JUN 292016
PROVED AS TO SUBSTANCE:
Controller / ��� ��j„ .- , �'ected Official orepartment Head
N/R
Director of General Services
Hello