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HomeMy WebLinkAboutC12-091 Crime Victim Services Funds Application c 0 ft ° Crime Victim Services Funds APPLICATION Released: January 25, 2012 O Grant Period: January 1, 2013 to December 31, 2014 Crime Victim Services Grant Applications must be received at: L.' Office for Victims Programs 700 Kipling Street, Suite 1000 Denver, CO 80215 No later than 3:00 pm on March 7, 2012 Late Applications will not be accepted. Please read the Announcement of Availability of Funds and Application Instructions prior to completing this application. Colorado Department of Public Safety o v Co Division of Criminal Justice _ " Office for Victims Programs `` •' For more information contact: `' Lee Hettema Office: 303.239.5719 Fax: 303.239.5743 Email: lee.hettema @cdps.state.co.us Toll Free: 1.888.282.1080 Website: http: / /dcj.state.co.us /ovp OVP OFFICE FOR VICTIMS;, PROGRAMS DCJ USE ONLY Legal Agency Name: Eagle County Sheriffs Office CY 2013 Funding 1 Doing Business As (dba): Eagle County Sheriffs Office App # 12 - VU - Project Title: Victim Services Unit Grant # Mailing Address: P.O. Box 359 Award $ Street Address: 885 E. Chambers Ave. New Applicant Agency City / Town: Eagle Zip Code: 81631 Continuation Applicant Agency County: Eagle Judicial District: 5 SOURCE 2013 2014 Phone #: 970 - 328 -8500 Fax #: 970 - 328 -1448 VA Federal Employer Identification # (FEIN): 846000762 VW Data Universal Numbering System # (DUNS): 624970701 SASP Central Contractor Registration (CCR): ® Yes ❑ No Exp Date (mm /dd /yyyy) 2/7/2013 SV Congressional District in Which the Agency is Located: 2 TOTAL: Congressional District(s) Where Agency Provides Services: 2 CY 2014 Funding Grant 2) PROJECT DIRECTOR: Award $ Project Director Name: Deena Ezzell Position / Title: Victim Services Coordinator Note: Because this document is protected, you cannot run spellcheck. Phone #: 970 - 328 -8539 Fax #: 970 - 328 -1448 NOTE: The TOTAL OVP FUNDS field E -Mail: deena.ezzell @eaglecounty.us AUTOMATICALLY FILLS from Table 12F on page 18. 3) TOTAL OVP FUNDS REQUESTED: $ 27,000 4A) TYPE OF AGENCY: ❑ Non -Profit Agency ® Govemment Agency — Check if applicable: ® Law Enforcement Agency ❑ DA's Office ❑ Courts / Probation ❑ Other (please specify): ❑ Dual Domestic Violence /Sexual Assault Agency, OR ❑ Rape Crisis Center 4B) TYPE OF PROJECT(S): ❑ Child Advocacy Center ❑ Court Appointed Special Advocate Project (CASA) ❑ Domestic Violence Project ❑ Domestic Violence Fast Track Staff ❑ Domestic Violence / Sexual Assault Investigator / Officer ❑ Domestic Violence / Sexual Assault Investigator / Prosecutor ❑ Sexual Assault Project ❑ Sexual Assault Nurse Examiner (SANE) / Sexual Assault Response Team (SART) Project ❑ Statewide Coalition ® Victim Services Project ❑ Victim / Witness Project ❑ Other (please specify): Crime Victim Services Funds I 2012 APPLICATION OF � OFFICE FOR VICTIMS PROGRAMS 5 ) AGENCY DESCRIPTION AND HISTORY: TThe mission of the Eagle County Sheriff's Office' (ECSO) seventy -three (73) employees is to promote and maintain a sense of safety among the citizens and guests of Eagle County. Within the ECSO, the Victim Services Unit (VSU) was created in 1990 to serve any victim of crime or critical incident in Eagle County. In 2011 the VSU served almost 800 victims by addressing their immediate health and safety needs or helping them navigate the criminal justice system. This is accomplished most often upon request of a law enforcement officer during the initial report of a crime or by initiating contact with victims when new arrestees are brought to the detention center. Advocates may explain bond procedures, provide crisis intervention by phone or at the scene of the crime, support victims during hospital exams or interviews and in some cases provide court support throughout the trial and sentencing. This applies to any crime under the Victims' Rights Amendment (VRA) but almost forty (40) percent of the clients served in 2011 were victims of domestic violence. The ECSO consistently provides opportunities for staff/volunteer training in order to maintain the highest standards in victim services and fiscal responsibility. The VSU was awarded a VOCA grant for 2011which was renewed for 2012 and is financially overseen by the Sheriff's Administrative Manager and the County's Finance Department. 6) DESCRIPTION OF PROJECT(S) FOR WHICH FUNDS ARE BEING REQUESTED: Project 1: The continuing goal of this project is to enlarge and strengthen the existing VSU program by funding professional contractor(s) who will provide service in two areas: - 50% of his /her time will involve direct victim services as a Victim Advocate, including but not limited to those described in the Victims Rights Act (VRA). - 50% will be as the Volunteer Coordinator responsible for recruiting, training, scheduling, and managing the volunteers to allow more service to crime victims to meet their emotional and physical needs. As time allows additional outreach programs to identify new /unreporting victims of crimes will be implemented in an effort to reach underserved populations. Crime Victim Services Funds j 2012 APPLICATION 2 ON/ F' OFFICE FOR VICTIMS PROGRAMS 7) PROJECT PURPOSE AREAS: Victim Services: (If applicable, check only those that apply to your proposed project) ® Domestic Violence ❑ 72 Hour Response ® Adult Sexual Assault ❑ Law Enforcement Victim Assistants for Protection Order Enforcement ® Emergency Services for Victims & Their Families ❑ Stalking ® Child Physical and Sexual Abuse ❑ Services for Senior Crime Victims ❑ Assistance for Victims with Immigration Matters ❑ Services for Disabled Women ❑ Access for Underserved and /or Underrepresented Victims ❑ Services for Indian Tribes ❑ Statutorily Mandated to Implement the Victims Rights Act Statewide ® Services for Children who Witness Domestic Violence ❑ Specialized Advocacy Training: (If applicable, check only those that apply to your proposed project) ❑ Training for Officers, Prosecutors ❑ Training of Sexual Assault Forensic Personnel ❑ Judicial Education & Court Related Projects ❑ Training & Protocols to address Police- Perpetrated ❑ Specialized Training Domestic Violence Systems Improvement: (If applicable, check only those that apply to your proposed project) ❑ Specialized Units ❑ Coordinated Response to Domestic Violence ❑ Protection Order Enforcement ❑ Coordinated Response to Sexual Assault ❑ Policies, Protocols, Orders ❑ Multidisciplinary Coordinated Response ❑ Collaborative, Community -based System Improvement ❑ Linked Data Collection & Communication Systems ❑ Model project that can demonstrate success and a plan for ❑ Statewide /Multi - jurisdictional Impact statewide replication Crime Victim Services Funds 1 2012 APPLICATION 3 JV F' OFFICE FOR VICTIMS PROGRAMS 8) PROVIDE A STATEMENT OF NEED FOR THE PROPOSED ACTIVITIES IN YOUR COMMUNITY: The most essential need for the VSU is staffing. The VSU began in 1990 with one full time employee. In 2007 the VSU was I finally able to hire a full -time Bilingual Victim Advocate with partial funding from the local VALE board. On behalf of the VSU, the Bilingual Victim Advocate meets with Spanish- speaking victims to interpret during police investigations, in discussions about safehouse arrangements, and at the Advisements hearing. She often translates witness statements for investigating officers and Victim Impact Statements for the Prosecutor's office. Obviously, when the VSU's Bilingual Victim Advocate handles translations for multiple law enforcement agencies and for the District Attorney's Office she has less time for direct service to VSU clients. The Office of the District Attorney has one victim advocate and no one in the office who speaks Spanish. With such a limited victim program at the DA's Office, support by the VSU staff for victims continues far beyond the initial stage of crisis intervention, emotional support, and community referrals. VSU staff offer ongoing support to many of the victims as they move through the court system. The VSU is a small department and Eagle County has some challenging demographics. Victim Services Unit staff provide services to a diverse population that includes multimillionaires near the ski areas and those living below the poverty line, estimated at roughly nine percent. The county's population varies from 52,197 (2010 Census estimates) to over 125,000 throughout the year. The county is bisected by Interstate 70. Transportation counts indicate as many as 39,200 people pass through Eagle County on a given day and may find themselves needing assistance. Residents live in seven (7) incorporated and ten (10) un- incorporated communities serviced by five (5) municipal police departments and the Sheriff's Office. Four of those five agencies have no staff to assist crime victims. One department has an Administrative Assistant with training in victim advocacy but extremely limited time to provide direct service to victims. Therefore the VSU provides services to ANY crime victim upon request, including those in remote areas like El Jebel and Bond. In 2008, the Sheriff's Office commissioned an independent staffing audit with Voorhis Associates, Inc. which documented a disturbing trend in Eagle County's unincorporated areas. The violent crime rate exceeds that of the state as a whole, running at 18% between 2000 and 2006. More violent crimes result in more traumatized victims who require more involved and longer term support. In order to provide the foregoing victim services the VSU could not function without its volunteers. However, the percentage of hours that volunteers are available for on -call duty coverage has declined steadily from a high of 57.5% in 2004 to 19% in 2011. As the number of victims served increases the amount of time available for volunteer retention, recruitment and training decreases. The number of victims served since 2002 has fluctuated over the years with a high of 778 in 2010 and a low of 394 in 2005. During the last three years, new victims numbered 458 in 2009, 778 in 2010 and 773 in 2011. Basically, the VSU team is saturated. They have managed to keep afloat by informally triaging their services to those most in need, to those who request it, and relying on the help of police officers /deputies to offer VRA mandated services at the crime scene when the VSU staff is simply not available due to limited resources. Hiring a third, full -time person as Victim Advocate/Volunteer Coordinator would help the VSU extend its victim services but that is not an option. Professional/contract services are the only way to maintain high quality services to crime victims and re- invigorate the volunteer program. Crime Victim Services Funds 2012 APPLICATION 4 OFFICE FOR VICTIMS PROGRAMS 9) ANNUAL PROJECT DATA: VICTIM SERVICES PROJECT DATA: Complete this section (Tables A & B) only if your project will provide DIRECT victim services. Provide only the number of victims who will receive services from OVP grant funded personnel. Table 9A: NOTE: You must TAB through the numeric fields to activate the totaling function. Est. # Type of Crime I Est. # ( Type of Crime (Continued) Victims ` Victims 2 Child Physical Abuse 2 Survivors of Homicide Victims 8 Child Sexual Abuse 1 Robbery 0 Children Who Witness Domestic Violence 1 Vehicular Assault or Homicide, DUI /DWI Crashes, 50 Domestic Violence or Careless Driving Resulting in Death 0 Dating Violence 10 Assault 0 Stalking 0 Elder Abuse 11 Adult Sexual Assault 0 Other Violent Crimes (See instructions): 0 Adults Molested as Children TOTAL UNDUPLICATED VICTIMS ESTIMATED TO BE SERVED DURING THE 12 -MONTH PERIOD = 85 Table 9B: NOTE: No single entry/category in this table can exceed the TOTAL. NUMBER OF VICTIMS in Table 9A. Est. # Type of Services Est. # Type of Services (Continued) Victims Victims 50 Crisis Counseling /Crisis Intervention (in person) i 45 Personal Advocacy 75 Follow -up (Includes crisis intervention by phone) 75 Telephone Contact 0 Therapy 0 Civil Legal Advocacy (advocate assistance) 0 Group Treatment/Support 0 Forensic Exam 0 Shelter /Safehouse 0 Hospital /Clinic /Medical Response 25 Information /Referral (in person) 0 Language Services 50 Criminal Justice Support/Advocacy 0 Transportation 2 Emergency Financial Assistance 0 Transitional Housing 0 Emergency Legal Advocacy (attorney assistance) 0 Other 85 Victim Compensation Crime Victim Services Funds 2012 APPLICATION 5 O V 1 OFFICE FOR VICTIMS PROGRAMS 9) ANNUAL PROJECT DATA — CONTINUED: Table 9C: LAW ENFORCEMENT PROJECT DATA: Complete this PROSECUTION PROJECT DATA: Complete this section section ONLY if you are requesting funds for a Law ONLY if you are requesting funds for a Prosecutor or Enforcement Officer or Investigator who will handle Investigator who will handle domestic violence, sexual domestic violence, sexual assault, stalking, and/or dating assault, stalking, and /or dating violence cases for victims violence cases/ incidents for victims age 13 and older. age 13 and older. Estimate the number of types of cases Estimate the number of case /incidents that will be handled I that will be handled by grant funded personnel during the by grant funded personnel during the first year of the grant I first year of the grant period. A case should be counted period. Complete only those that apply: according to the most serious offense. Complete only those that apply: Est. # Type of Services Est. # Type of Cases Cases / Cases incidents 0 Calls for Assistance (911 & other) 0 Misdemeanor Sexual Assault 0 Incident Reports 0 Felony Sexual Assault 0 Cases/Incidents Investigated 0 Homicide Related to Sexual Assault, Domestic Violence or Stalking 0 Arrests 0 Domestic Violence /Dating Violence Ordinance 0 Dual Arrests 0 Misdemeanor Domestic Violence /Dating Violence 0 Protection /Ex Parte/Temporary Restraining 0 Felony Domestic Violence /Dating Violence Orders Served 0 Arrests for Violation of Bail Bond 0 Stalking Ordinance 0 Enforcement of Warrants 0 Misdemeanor Stalking 0 Arrests for Violation of Protection Orders 0 Felony Stalking 0 Protection Orders Issued 0 Violation of Protection Order 0 Referrals of Cases to Prosecutor 0 Violation of Bail 0 Referrals of Federal Firearms Charges 0 Violation of Probation or Parole to Federal Prosecutor 0 Forensic Medical Evidence 0 Violation of Other Court Order Crime Victim Services Funds 1 2012 APPLICATION 6 CJVF :, OFFICE FOR VICTIMS PROGRAMS 9 } ANNUAL PROJECT DATA - CONTINUED: Table 90: TRAINING PROJECT DATA: This table should only be completed if you are requesting funds for a FORMAL training project for professionals /volunteers, primarily outside your agency, who work directly with victims. There are only two eligible categories of training activities: 1) Training on domestic violence, sexual assault, stalking, and dating violence or; 2) Statewide or multi- jurisdictional training pertaining to victim assistance. This DOES NOT include outreach trainings /presentations about your program, or in -house staff /volunteer training. Refer to the Instructions for further details. NOTE: You must TAB through the numeric fields to activate the tota ling function. Est. # People Trained Est. # { People Trained (Continued) Trained Trained 0 Advocacy Organization Staff 0 Military Command Staff (NAACP, AARP) 0 Attomeys /Law Students (Non Prosecutors) 0 Multidisciplinary Group 0 Batterer Intervention Program Staff 0 Prosecutors 0 Correction Personnel (probation, parole, and 0 Sex Offender Treatment Providers correctional facilities) 0 Court Personnel (judges, clerks) 0 Sexual Assault Nurse /Forensic Examiners 0 Disability Organization Staff (non - govemmental) 0 Social Service Organization Staff (food bank, homeless shelter) 0 Educators (teachers, administrators) 0 Substance Abuse Organization Staff 0 Elder Organization Staff (non - govemmental) 0 Supervised Visitation and Exchange Center Staff 0 Faith -based Organization Staff 0 Translators /Interpreters 0 Govemment Agency Staff (vocational 0 Tribal Govemment/Tribal Govemment Agency rehabilitation, food stamps, TANF) 0 Health Professionals (doctors, nurses — not 0 Victim Advocates (non - govemmental, includes including SANE or SAFE's) sexual assault, domestic violence and dual) 0 Immigrant Organization Staff (non - govemmental) 0 Victim Assistants (govemmental, includes victim - witness specialists /coordinators) 0 Law Enforcement Officers 0 Volunteers 0 Legal Services Staff (not including attorneys) 0 Other (specify): 0 Mental Health Professionals TOTAL NUMBER OF PERSONS TO BE TRAINED = 0 Crime Victim Services Funds j 2012 APPLICATION ",- 7 1F" OFFICE FOR VICTIMS PROGRAMS 10) UNDERSERVED / UNDERREPRESENTED POPULATIONS: Please answer the following questions in the box below: A. Describe the underserved / underrepresented population in the community you serve (e.g. the ethnicity of victims served, etc.). How is the underserved population(s) determined? Cite your source(s). B. State how you address the needs of the underserved /underrepresented populations in your community (e.g. the diversity of staff, volunteers and /or board representation, etc.). C. Is any portion of your project specifically designed to serve underserved and /or underrepresented populations? ® Yes ❑ No D. If you checked "Yes" above, what percentage of your grant request will be used to serve your underserved populations? 5% The largest underserved population in Eagle County is the Hispanic community. 2010 U.S. census estimates 30.1% of the county population is Hispanic and 30.7% of the county are people who do not speak English. However the Eagle County School District's annual report for 2010 -2011 states that 51% of students are Hispanic and 2,120 have limited or non - English proficiency. The underserved in our community also includes growing numbers of new immigrants from Eastern Europe and Western Africa. The geography of Eagle County with its mountainous terrain, heavy snowfalls, limited roadways, and rural communities contribute to pockets of the county where there are underserved residents simply due to their distance from the Sheriffs Office. For example, Bond and McCoy are towns situated close to if not on the county's northern border. These small communities have no Marshall's Office or Police Department but do house a small fire station. Unless the incident is severe or a death is involved, the residents choose to handle situations themselves rather than calling the Sheriffs Office. Another challenge is that one of the five municipalities, Basalt, is located more than an hour's driving time away from the Sheriffs Office. Basalt deputies can handle calls for service, but need to relocate defendants to Eagle for extended jail time. To support victims in these crimes, VSU staff must, when needed, travel extensive distances to meet with these victims. Location of resources is also a factor. A SANE exam requires a drive to Frisco or Glenwood Springs. Roundtrip from Eagle to Frisco is almost three hours drive time in good weather. The nearest Child Advocacy Center is in Glenwood Sptrings so accompanying a victim for a forensic interview easily takes 2 -4 hours. If the Contract Victim Advocate is funded, it will indirectly affect the activities of the Victim Services Unit Coordinator and the Bilingual Victim Advocate. Instead of just receiving a VRA brochure, a team of three advocates, working 100 hours each week on direct services instead of 80, will have one third more time to respond to victims. Instead of having the arresting police officer /deputy hand the victim a brochure, a third person in the VSU will allow more immediate crisis intervention, necessary to begin building a relationship between the VSU advocates and the victim. A third person on the team will provide more people to share the on -call duty, very much needed to minimize staff burn -out. By having the third advocate take over activities to recruit, train, schedule, and manage the volunteers, the other two advocates will have more time to devote to direct victim services. With more time to devote to direct victim services, the Bilingual Victim Advocate will interact with more of the underserved crime victims in the county. Crime Victim Services Funds I 2012 APPLICATION 8 11) GOALS AND OBJECTIVES - PROJECT SPECIFIC IMPACT: Goals should be limited to three or four, with no more than three objectives for each goal. Your objectives must be measurable and related to the personnel position(s)/professional services or consultant(s) requested in your Total 12 -Month Budget (see page 14 and 14A) and any personnel you are using as match (page 19). Enter agency name: Eagle County Sheriffs Office - Victim Services Unit Section 11A: GOAL 1: The Contract Victim Advocate(s) will provide direct services to meet the needs of crime victims in Eagle County. Objective 1: By the end of the 12 -month grant period, the Contract Victim Advocate(s) and volunteers will ensure that at least 85 victims of the crimes listed in table 9A of this grant application receive direct services which may include crisis intervention, criminal justice education, referrals to other agencies or court support. Position Title(s): Independent Contractor Position #(s): Objective 2: By the end of the 12 -month grant period, the Contract Victim Advocate will conduct 2 public presentations with the specific goal of identifying crime victims; providing services and/or referring them to needed services Position Title(s): Independent Contractor Position #(s): Objective 3: Position Title(s): Position #(s): Crime Victim Services Funds { 2012 APPLICATION 9 OFFICE FOR VICTIMS PROGRAMS 11) GOALS AND OBJECTIVES — PROJECT SPECIFIC IMPACT — CONTINUED: GOAL 2: The Contract Victim Advocate will strengthen and enhance the volunteer program to provide coverage 24 hours, seven days a week to crime victims during the 12 -month grant period. Objective 1: By the end of the 12 -month grant period, the Contract Victim Advocate will conduct 1 volunteer recruitment meeting to be followed by a new advocate skills training for eligible candidates. Position Title(s): Independent Contractor Position #(s): Objective 2: By the end of the 12 -month grant period, the Contract Victim Advocate will ensure that on -call volunteer coverage will increase from 19% to 40 %. Position Title(s): Independent Contractor Position #(s): Objective 3: Position Title(s): Position #(s): Crime Victim Services Funds I 2012 APPLICATION- 10 OA/ P OFFICE FOR VICTIMS PROGRAMS 11 GOALS AND OBJECTIVES — PROJECT SPECIFIC IMPACT — CONTINUED: GOAL 3: Objective 1: Position Title(s): Position #(s): Objective 2: Position Title(s): Position #(s): Objective 3: Position Title(s): Position #(s): Crime Victim Services Funds I 2012 APPLICATION 11 OAr 11 OFFICE FOR VICTIMS PROGRAMS 11) GOALS AND OBJECTIVES — PROJECT SPECIFIC IMPACT — CONTINUED: GOAL 4: Objective 1: Position Title(s): Position #(s): Objective 2: Position Title(s): Position #(s): Objective 3: Position Title(s): Position #(s): Crime Victim Services Funds 1 2012 APPLICATION 12 ; . OFFICE FOR VICTIMS P OGRANCS 11) GOALS AND OBJECTIVES - PROJECT SPECIFIC IMPACT - CONTINUED: Section 11B: Project specific impact: Refer to the Instructions for important information on how to complete this item. 1) Please state the intended impact of the project goals and objectives. The Contract Victim Advocate and volunteers will provide direct services to meet the needs of crime victims in Eagle County. Intended Impact: * Victim's rights are communicated; * Victims know how to access available resources; * Victim's stated needs are being met; and * Victims have more one -on -one contact with VSU staff and volunteers. 2) Please provide the impact data collection methods to be used. * Staff documented number of VRA brochures given to victims; * Staff records on number of services provided; * Volunteer scheduling logs Crime Victim Services Funds 2012 APPLICATION 13 OV FOR VICTIMS PROGRAMS 12) TOTAL 12 -MONTH BUDGET — Calendar year, January 1 to December 31 Enter agency name: Eagle County Sheriffs Office - Victim Services Unit NOTE: You must TAB through the numeric fields to activate the totaling function. 12A: Personnel Request: Position 1: Title: j DCJ Staff Use Only Name: Total # hours per week this position works for the agency (max = 40 hrs): Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ $ List Sources: Fringe /Benefits $ $ Totals: $ 0 $ 0 Total from all other sources: $ Position 2: Title: DCJ Staff Use Only = ' Name: Total # hours per week this position works for the agency (max = 40 hrs): Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ $ List Sources: Fringe /Benefits $ $ E Totals: $ 0 $ 0 Total from all other sources: $ Position 3: Title: DCJ Staff Use Only Name: Total # hours per week this position works for the agency (max = 40 hrs): Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ $ List Sources: Fringe /Benefits $ $ j Totals: $ 0 $ 0 Total from all other sources: $ Position 4: Title: DCJ Staff Use Only Name: Total # hours per week this position works for the agency (max = 40 hrs): Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ $ List Sources: Fringe /Benefits $ $ Totals: $ 0 $ 0 Total from all other sources: $ OVP Personnel Funds Requested — Positions ONE to FOUR: $ 0 F T -7 0 - TAL OVP Personnel Funds Requested: $ 0 Crime Victim Services Funds j 2012 APPLICATION #° ' it 14 ' . % OFFICE FOR VICTIMS PROGRAMS 12) TOTAL 12 - MONTH BUDGET — Calendar year, January 1 to December 31 — CONTINUED: Enter agency name: Eagle County Sheriffs Office - Victim Services Unit NOTE: You must TAB through the numeric fields to activate the totaling function. 12A: Personnel Request — Continued (applicant should use this page ONLY if requesting more than 4 positions): Positlon 5: Title: DCJ Staff Use Only Name: Total # hours per week this position works for the agency (max = 40 hrs): Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ $ List Sources: Fringe /Benefits $ $ Totals: $ 0 $ 0 Total from all other sources: $ Positlon 6: Title: DCJ Staff Use Only Name: Total # hours per week this position works for the agency (max = 40 hrs): rr sr Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ $ List Sources: Fringe /Benefits $ $ Totals: $ 0 $ 0 Total from all other sources: $ PositiOri T, Title: DCJ Usa Only Name: ■ Total # hours per week this position works for the agency (max = 40 hrs): Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ $ List Sources: Fringe /Benefits $ $ Totals: $ 0 $ 0 Total from all other sources: $ Post l s :; Title: Etat, tli$4).Groty Name: Total # hours per week this position works for the agency (max = 40 hrs): 4 J SS K. Annual Budget Amount requested Amount from all other from OVP sources for this position Salary $ u $ List Sources: Fringe /Benefits $ $ Totals: $ 0 $ 0 Total from all other sources: $ OVP Personnet Funds - Requested -- Positione FIVE to EIGHT: $ 0 Crime Victim Services Funds 2012 APPLICATION 14 A ON/ P OFFICE FOR VICTIMS PROGRAMS 12 ) TOTAL 12 -MONTH BUDGET - Calendar year, January 1 to December 31 - CONTINUED: 12A: Personnel Request - Continued: If you are requesting funding for PERSONNEL, you must fully explain and justify the need for the current request. • Grime Victim Services Funds 2012 APPLICATION / i `` 15 O "JP OFFICE FOR VICTIMS PROGRAMS 12) TOTAL 12 -MONTH BUDGET - Calendar year, January 1 to December 31 - CONTINUED: NOTE: You must TAB through the numeric fields to activate the totaling function. 12B: Supplies & Operating Expenses: List Requested Operating Expenses Annual Amount Amount Available/ Amount Requested Anticipated from from OVP Other Sources $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total OVP Supplies & Operating Funds Requested: $ 0 $ 0 $ 0 If you are requesting funding for SUPPLIES & OPERATING, you must fully explain and justify the need for the current request. Crime Victim Services Funds I 2012 APPLICATION 16 ON/ 1P OFFICE FOR VICTIMS PROGRAMS 12 ) TOTAL 12 -MONTH BUDGET — Calendar year, January 1 to December 31 — CONTINUED: NOTE: You must TAB through the numeric fields to activate the totaling function. 12C: In - State Travel:* Itemize Request Annual Amount Amount Available/ (Transportation, Per Diem, etc.) Amount Requested Anticipated from from OVP Other Sources $ $ $ $ $ $ $ $ $ $ $ $ 'dotal OVP In- State Travel Funds Requested: $ 0 $ 0 $ 0 If you are requesting funding for IN -STATE TRAVEL *, you must fully explain and justify the need for the current request. (*See instructions) 12D: Equipment (durable, single item $5,000 & over): List Requested Equipment Expenses Annual Amount Amount Available) Amount Requested Anticipated from from OVP Other Sources [Total OVP Equipment Funds Requested $ 0 $ 0 $ 0 If you are requesting funding for EQUIPMENT, you must fully explain and justify the need for the current request. Crime Victim Services Funds 2012 APPLICATION 17 OVF OFFICE FOR VICTIMS PROGRAMS 12) TOTAL 12 -MONTH BUDGET — Calendar year, January 1 to December 31 — CONTINUED: NOTE: You must TAB through the numeric fields to activate the totaling function. 12E: Professional Services / Consultants: Professional Services / Consultants ; Total Hourly # of Hours Amount Rate of Pay to be Worked Requested on This Project from OVP Contract Victim Advocate (s) $ 26.00 1,040 Hrs $ 27,000 $ Hrs $ $ Hrs $ $ Hrs $ $ Hrs $ Total OVP Professional Services / Consultants Funds Requested: 1 $ 27,000 If you filled out any of the boxes for PROFESSIONAL SERVICES / CONSULTANTS, you must fully explain and justify, both the need and the rate of pay, for the current request. Please note that professional services expenditures may require prior approval by DCJ if your requested amount is over the $450.00 per day fee (use Form 16). The VSU currently has only 2 dedicated employees to provide services to our clients. To meet the needs of approximately 800 clients to be served annually we need an additional advocate and more volunteer coverage. Our ultimate goal is to expand the VSU based on a professional staffing audit that recommended the VSU add another FTE to the unit. However we cannot hire additional staff due to the agency's current fiscal policies. We must continue using contract provider(s) due to an anticipated decrease in overall county revenues. The hourly rate of $26.00 is the standard contract rate for this type of service in Eagle County. The VSU is currently contracting with one provider and may add another at the same rate to ensure delivery of services in English and Spanish. If funding is approved VSU will submit DCJ Form 16 and original contract agreement. 12F: OVP Grant Request Summary (This chart summarizes all dollars by category): NOTE: This table automatically fills from other tables. Budget Categories j OVP Grant Request Personnel $ 0 Supplies & Operating $ 0 In -State Travel $ 0 Equipment $ 0 Professional Services / Consultants $ 27,000 Total OVP Funds Requested: $ 27,000 Crime Victim Services Funds j 2012 APPLICATION 18 OVP OFFICE FOR VICTIMS PROGRAMS 13) MATCH: For purposes of this application, demonstrate the ability to provide match to be used for project related activities. To calculate match, divide your total OVP fund requested by 3. Remember, federal funds cannot be used for match. For additional information, refer to the instructions. NOTE: You must TAB through the numeric fields to activate the totaling function. PERSONNEL MATCH (Employees / volunteers of the applicant agency) Cash In -Kind Employee / Volunteer / Job Position (Full Time Equivalent) Victim Services Coordinator - supervision $ 9,000 $ $ $ $ $ Fringe Benefits $ $ i.. Sub :' 9, $ 0 Source of Match: Eagle County Sheriffs Office Budget SUPPLIES AND OPERATING MATCH Cash In -Kind (Copying, rent, phone, tuition, registration fees and other items under $5,000) $ $ $ $ Subtotal J $ 0 ($ 0_ Source of Match: � �d� pp ( In -State Travel Match $ $ Equipment Match $ $ Professional Services /Consultants Match $ $ Source of Match: TO T{. MA's` 14) OVP GRANT BUDGET SUMMARY: NOTE: This table automatically fills from other tables. Budget Categories OVP Funding Cash Match In Kind Match Totals Request Personnel $ 0 $ 9,000 $ 0 $ 9,000 Supplies & Operating $ 0 $ 0 $ 0 $ 0 In -State Travel $ 0 $ 0 $ 0 $ 0 Equipment $ 0 $ 0 $ 0 $ 0 Professional Services/ Consultants $ 27,000 $ 0 $ 0 $ 27,000 TOTALS $ 2 ?,000 9,000 $ 0 $ 36,000 Crime Victim Services Funds 1 2012 APPLICATION 19 JV ' F. y � ` , VICTI PROGRAMS 15) NECESSARY FUNDING INFORMATION: NOTE: Section 15A OR 15B must be completed. Section 15A: CONTINUATION Applicants Only: Briefly summarize the reasons for the differences between this application and your current OVP grant award (VOCA, VAWA, SASP and /or State VALE) for each budget item requested. Eagle County Sheriffs Victim Services Unit is requesting the same funding as granted in 2011 and 2012. The number of victims served and the number of services provided were met and actually exceeded projections. As a result, we have incread the projected number of victims to be served and the number of services provided while not requesting an increase in funding. Eagle County Sheriffs VSU strives to provide quality victim response and we continue to develop efficient tracking systems to ensure ALL VRA crime victims in Eagle County are receiving the highest quality service to meet their stated needs Section 15B: NEW Applicants Only: If not currently receiving OVP grant funds (VOCA, VAWA, SASP and /or State VALE), you must describe how the requested budget items are currently being funded. Crime Victim Services Funds 1 2012 APPLICATION 20 O T / . *„ ' i t , /'4 % '.. � F OFFICE >wae VICTIMS 4 utumvio 16) TOTAL AGENCY REVENUE AND EXPENDITURES: NOTE: Section 16A AND 16B must be completed by non - profit, non - governmental agencies only. NOTE: You must TAB through the numeric fields to activate the totaling function. Section 16A: Total agency revenue and expenditures for the last completed fiscal year: Beginning date (mm /dd /yyyy): Ending date (mm /dd /yyyy): REVENUE I Amount EXPENDITURES VOCA $ 0 Personnel Salaries $ 0 VAWA $ 0 Personnel Taxes $ 0 SASP $ 0 Personnel Benefits $ 0 FVPSA / DAAP / TANF $ 0 Professional Services $ 0 City Govemment , $ 0 Accounting Services (i.e., Payroll) $ 0 Local VALE: Attorneys Fees $ 0 JD # $ 0 Translation /Interpretation Services $ 0 JD # $ 0 Equipment (copiers, fax machines, computers) $ 0 JD # $ 0 Rent / Mortgage $ 0 JD # $ 0 Utilities $ 0 State VALE $ 0 Maintenance / Repair $ 0 County Funding $ 0 Telephone $ 0 United Way $ 0 Answering Service $ 0 Corporate / Foundation Grants $ 0 Insurance $ 0 Local Fundraising Activities / Events $ 0 Fundraising Expenses $ 0 Donations $ 0 Audit / Financial Review $ 0 Client Fees $ 0 Staff Travel $ 0 Investment Income $ 0 Staff, Board & Volunteer Training / Development $ 0 State Govemment Funding $ 0 Program Supplies & Materials $ 0 Other Federal Funds — $ 0 Office Supplies $ 0 Specify: Project Income $ 0 Advertising $ 0 (i.e., educational trainings /materials, etc.) Sexual Assault Prevention Funds (CDPHE) $ 0 Postage $ 0 Other: $ 0 Duplication / Printing $ 0 Other: $ 0 Books & Subscriptions $ 0 Other: $ 0 Memberships $ 0 Other: $ 0 Computer Consultants $ 0 Other: $ 0 Client Services (food, motel, transportation, etc.) $ 0 Other: $ 0 Client Services $ 0 Other: $ 0 Bank / Finance Fees $ 0 Other: $ 0 Newsletter / Education $ 0 Other: $ 0 Depreciation $ 0 Other: $ 0 Other: $ 0 TOTAL s $ 0 TOT i 0 Crime Victim Services Funds 1 2012 APPLICATION 21 O1✓ - / OFFICE FOR VICTIMS PROGRAMS 16) TOTAL AGENCY REVENUES AND EXPENSES - CONTINUED: Section 16B: (Non- profit agencies only) Please explain the percentage of your agency's budget used for crime victim services. 17) DIVERSIFICATION OF FUNDING: Please list all sources of funding that you have solicited or plan to solicit (govemment, local VALE, foundations, etc) in CY 2012. Include the time period in which these funds would be available. Indicate any funding reductions your agency experienced which will affect your revenues in CY 2012. Victim Services Unit 2012 Annual Budget 1/1/12 through 12/31/12 Local VALE Grant $32,318.48 VOCA grant $27,000.00 Sheriffs Office Budget ** $154,761.87 Total Funding for CY 2012 $218,080.35 ** Sheriffs Office Budget funds: wages, benefits, pagers, cell phones, volunteer costs, transportation, printing, advertising, memberships /subscriptions, postage, education/training. Eagle County is expecting a 26% decrease in property tax revenue from 2011 to 2012. 2014 property taxes are expected to decreased an additional 20 %. This explains the inability of the Sheriffs Office to add employees to the VSU. Contract services are needed to fill that void. Crime Victim Services Funds } 2012 APPLICATION 22 OArIP yro ;. OFFICE FOR VICTIMS PROGRAMS 18) FINANCIAL MANAGEMENT: To be eligible for federal /state funds, your agency must be able to demonstrate the ability to comply with financial requirements. A. What is the fiscal year covered by your most recent audit or financial review? Enter start and end dates (mm /dd /yyyy): 1/1/2010 to (mm /dd /yyyy): 12/31/2010 Include one copy of your most recent audit or financial review, including any management report or other auditor comments in the appendix. Also, if there were findings, please attach the audit resolutions and /or corrective action plan. ❑ Yes ® No ❑ N/A B. If your agency expends $500,000 or more from combined federal sources during the fiscal year of your most recent audit, did your agency include the A -133 Single Audit Report with your financial audit? C. Please respond to the following questions about whether your accounting system meets the criteria for managing federal /state grant funds. (These questions cover areas that will be monitored by DCJ staff. 1 They are not intended to be all inclusive and do not substitute for the agency's responsibility to meet all l federal and state requirements for these grant funds.) Yes ❑ No Does your accounting system separate ALL revenues and expenditures by specific funding source? ® Yes ❑ No Does your system track revenues and expenditures for each grant award separately through a sub - ledger system? ® Yes ❑ No Does your system allow expenditures to be classified by grant in the broad budget categories listed in the budget in your application, i.e. Personnel, Supplies and Operating, Travel, Equipment and Professional Services? Yes ❑ No Do you reconcile sub - ledgers to your general ledger at least monthly? Z Yes ❑ No Do you mark your invoices with the grant number? ❑ Yes ® No Do you maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ grant funds? ❑ Yes ❑ No ❑ N/A Does your accounting system have the ability to clearly identify the funds and amount used as a cash match? ❑ Yes ❑ No ® N/A If you will be using in -kind match such as volunteer hours, can you clearly document how you will keep track of the match that you will be reporting on your quarterly financial report? ❑ Yes ❑ No Do you have written financial policies and procedures in place? ❑ Yes ❑ No Do you have accounting intemal controls in place, such as separation of duties, two signatures on certain checks, reconciliations or other reviews? Yes ❑ No ❑ N/A Are you able to ensure that you will not be using these grant funds to provide services that will be paid by Victim Compensation? ❑ Yes ❑ N/A Will this grant funded project generate income from grant funded activities? ❑ Yes ❑ No Will you use your accounting system data to prepare your quarterly financial reports for DCJ? ❑ Yes ❑ No Will you reconcile your accounting system data with your quarterly financial reports for DCJ? D. If you answered NO to any of the questions above, please provide an explanation. timesheets are automated DCJ has a copy of our latest audit with the A -133 Single Audit Report on file. Crime Victim Services Funds 2012 APPLICATION 23 0V1P % r , OFFICE F+on VICTIMS PROGRAMS 19) PROSECUTION, LAW ENFORCEMENT AND COURTS AGENCIES ONLY: If you are NOT a prosecution, law enforcement or courts agency, skip to question #20. Prosecution, law enforcement and courts agencies must consult with victim services agencies in developing their grant applications to ensure that the proposed activities are designed to promote safety, confidentiality, and economic independence of victims. This includes victim services projects within prosecution, law enforcement, and courts agencies. Check, if appropriate. ❑ Prosecution Agency ® Law Enforcement Agency ❑ Courts Agency If checked, indicate below which victim services agencies were consulted in developing this application: Agency Name 1 Agency Contact Describe the Consultation Process & Phone Number (See instructions) Bright Future Foundation Sheri Mintz Met in person on March 2, 2010 to discuss the distinct 970 - 949 -7097 services that our respective agencies provide for victims of domestic violence and sexual assault. Also discused ways to streamline the referal process in both directions. Planned future coordination of services & outreach. Childhelp River Bridge Child Blythe Champan- Tardie Met in person 2/21/12 about our respective programs and Advocacy Center 970 - 945 -5195 services being offered. The VSU continues to support the CAC's efforts to serve children in Eagle County even though they are housed in Garfield County. The CAC values the services the VSU provides at their center. 20) COMMUNITY COORDINATION: List three agencies with which your project staff will be coordinating most frequently. DCJ reserves the right to contact the agencies listed. Agency Name ' Agency Contact Describe Coordination of Activities & Phone Number (See instructions) .Eagle County District Attorney's Jennifer Shreeve Coordination occurs on a daily basis with the VW Office 970 - 328 - 6947x23 Coordinator. The VSU Bilingual Advocate does most of the translations for the DA's office re: plea agreements, sentencing options, etc. The VW Coordinator and VSU staff assist with each other's clients. Bright Future Foundation Sherry Mintz The VSU contacts BFF any time a domestic violence or 970 - 949 -7097 sexual assault victim is in need of emergency safe housing. Also refer domestic violence and sexual assault victims for counseling, assistance with custody /divorce issues and their mentoring program for at -risk youth. Avon Police Department Krista Jaramillo Avon officers frequently request advocates for crisis 970 - 748 -4040 intervention immediately following a traumatic event, usually domestic violence or sexual assault. VSU provides court support but most victim follow -up is done by one of their staff who was trained by the VSU Coordinator. Crime Victim Services Funds 2012 APPLICATION 24 0AhriP OFFICE FOR VICTIMS PROGRAMS 21) MEMORANDUMS OF UNDERSTANDING OR AGREEMENT: If you have active memorandums of understanding or agreement that are relevant to this request, list the name of the agency and briefly describe the terms of the agreement. Do not attach the memorandums to the application, but have available upon request. Agency Terms of Agreement Eagle County Sexual Offense Resource Team Broad agreement between law enforcement, prosecution, victim service providors, SOMB consultant, probation and SANE program to work collaboratively in order to provide best possible service to victims of sexual assault. (In process) 22) VICTIM RIGHTS ACT (VRA): Please list the date of the last VRA training that was provided to your program staff (mm /dd /yyyy): 2/23/2012 Name and Title of the individual who provided the training? PowerPoint Presentation circulated by Deena Ezzell, Victim Services Coordinator 23) VICTIM COMPENSATION: Please list the date of the last Victim's Compensation training that was provided to your program staff (mm /dd /yyyy): 2/23/2012 Name and Title of the individual who provided the training? PowerPoint Presentation circulated by Deena Ezzell, Victim Services Coordinator Crime Victim Services Funds 2012 APPLICATION 25 CIV1P ' OFFICE FOR VICTIMS PROGRAMS APPENDIX: 1 The items listed here must be included with your application packet. Your application will be considered incomplete unless all of the items are included: Attach the following items to each of the three (3) copies of the application: • Organizational Chart — with requested personnel highlighted. (including personnel which would be paid with matching funds) • Job Descriptions for staff that would be paid for with OVP funds • Job Descriptions for volunteer staff — if volunteers are used as match • Job Descriptions for match staff — if paid staff is used as match • Board Members list — non-profit agencies only • Secretary of State Certificate of Good Standing — non-profit agencies only (www.sos.state.co.us) • Proof of non -profit status — new non - profit applicants only • Sample timesheet currently used by the position(s) for which you are requesting OVP funding • Sample timesheet currently used by the volunteer staff — if volunteers are used as match • Audit or Financial Review — The Division of Criminal Justice requires all subgrantees to submit a current formal financial review or audit report every year. Applicants should submit a copy of their most current audit or financial review with their application unless one was submitted to DCJ within the last year. The audit or financial review may be provided via printed copy, CD, or the website address if available on -line. Crime Victim Services Funds 2012 APPLICATION SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 1 of 19 Special Provisions & Certified Assurances must remain attached to the application CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: ❑_ Inter- Governmental Grant ❑ Grant to a Colorado State Agency (Section A does not apply) Grant to a Unit of Local Government, Tribal Government, or Special District. ❑ Grant to a Non - Profit, Private Organization (Non - Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below; that all information contained in the application is correct; that there has been appropriate coordination with affected agencies; and, that the applicant will read, understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award, and in the current applicable Administrative Guide of the Division of Criminal Justice. GOVERNING LEGISLATION FOR CRIME VICTIM SERVICES FUNDS: • Victims Of Crime Act Assistance Funds (VOCA). From the United States Department of Justice, Office of Justice Programs, under federal statutory authority Victims of Crime Act of 1984 (VOCA), as amended, Public Law 98 -473, Chapter XIV, 42 U.S.C. 10601, et seq., Section 1402, Section 1404, and under applicable program rules and regulations established by the federal program office. • Violence Against Women Act Funds (VAWA). From the United States Department of Justice, Office of Justice Programs, under federal statutory authority 42 U.S.C., Chapter 46, Section 3711, et seq., as amended, and under applicable program rules and regulations established by the federal program office. • Sexual Assault Services Formula Grant Program (SASP). From the United States Department of Justice, Office of Justice Programs, under the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), 42 U.S.C. § 14043g, and under applicable program rules and regulations established by the federal program office. • State Victim Assistance and Law Enforcement (State VALE) Program. Title 24, Articles 4.2 and 33.5, C.R.S., as amended, and Administrative Guide for State VALE Grants. A. STANDARD STATE SPECIAL PROVISIONS Revised 1 -1 -09 1. CONTROLLER'S APPROVAL. CRS 24 - 30 - 202 (1) This subgrant award shall not be valid until it has been approved by the Colorado State Controller or designee. 2. 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. 3. GOVERNMENTAL IMMUNITY. No term or condition of this subgrant shall 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. § §1346(b) and 2671 , et seq. as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. (THIS PROVISION IS NOT APPLICABLE TO GRANTS TO COLORADO STATE AGENCIES): THE SUBGRANTEE AGENCY SHALL PERFORM THE DUTIES FUNDED UNDER THIS GRANT AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE SUBGRANTEE AGENCY NOR ANY AGENT, SUB - CONTRACTOR, OR EMPLOYEE OF THE SUBGRANTEE AGENCY SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE AGENCY SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 2 of 19 Special Provisions & Certified Assurances must remain attached to the application PURSUANT TO THIS GRANT. SUBGRANTEE AGENCY ACKNOWLEDGES THAT THE SUBGRANTEE AGENCY AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE AGENCY OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUBGRANTEE AGENCY SHALL NOT HAVE AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF THIS GRANT PROVIDES FUNDS FOR ANY PERSONAL SERVICES, SUBGRANTEE AGENCY SHALL PROVIDE AND KEEP IN FORCE WORKERS COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BE SOLELY RESPONSIBLE FOR ITS ACTS OF ITS EMPLOYEES, INDEPENDENT SUB - CONTRACTORS AND AGENTS. 5. COMPLIANCE WITH LAW. The Subgrantee Agency 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. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this subgrant. 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 subgrant, to the extent capable of execution. 7. 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 subgrant award or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. (Governor's Executive Order D 002 00) State or other public funds payable under this subgrant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Subgrantee Agency hereby certifies and warrants that, during the term of this subgrant and any extensions, the Subgrantee Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Subgrantee Agency is in violation of this provision, the State may exercise any remedy available at law or equity or under this Subgrant, including, without limitation, immediate termination of the Subgrant and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST CRS § §24 -18 -201 & CRS 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 subgrant award. The Subgrantee Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subgrantee Agency's services and Subgrantee Agency shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS § §24 -30 -202 (1) & CRS 24 -30 -202.4 Not applicable to intergovernmental grants] 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 balance 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. 11. FEDERAL FUNDING. This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. 12. PUBLIC CONTRACTS 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] The Subgrantee Agency certifies, warrants, and agrees that it does not knowingly January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 3 of 19 Special Provisions & Certified Assurances must remain attached to the application employ or contract with an illegal alien who will perform work under this subgrant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this subgrant, through participation in the E- Verify Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c), the Subgrantee Agency shall not knowingly employ or contract with an illegal alien to perform work under this subqrant or enter into a contract with a subcontractor that fails to certify to the Subgrantee Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this subgrant. The Subgrantee Agency (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment screening of job applicants while this subgrant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if the Subgrantee Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this subgrant, (c) shall terminate the subgrant if a subcontractor 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 the Subgrantee Agency participates in the Department program, the Subgrantee Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that the Subgrantee Agency has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If the Subgrantee Agency fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the contracting State agency, Institution of Higher Education or political subdivision may terminate this subgrant for breach and, if so terminated, the Subgrantee Agency shall be liable for damages. 13. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Subgrantee Agency, 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 subgrant. B. GRANT REQUIREMENTS 1. FINANCIAL & ADMINISTRATIVE MANAGEMENT a. The Subgrantee Agency 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 Subgrantee Agency assures that it will comply with the provisions of the current 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 Subgrantee Agency is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. 2. PAYMENT & REPORTING a. The Division of Criminal Justice will pay the Subgrantee Agency the reasonable and allowable costs of performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as the Total Award Amount, as identified on the Statement of Grant Award. b. The Division's requirements for invoice and cost reporting submissions are contained in the DCJ Form 3 - Cash Request Procedures, and DCJ Form 1 -A - Subgrant Financial Report for VOCA and VAWA funds, and in the DCJ 9 — State VALE Cash Request procedures, and DCJ Form 7 — State VALE Financial Report, which are hereby incorporated by reference. c. The Subgrantee Agency assures that it shall maintain data and information to provide accurate quarterly program narrative and financial reports to the Division. Said reports shall be provided in such form and contain such data and information as the Division of Criminal Justice reasonably requires to administer the program. d. The Subgrantee Agency assures that quarterly financial and narrative reports shall be submitted within 15 days of the end of each calendar quarter and shall be current and actual. e. The Subgrantee Agency further assures that final financial and narrative reports shall be submitted on the forms provided by the Division of Criminal Justice within 45 days of the end date of the subgrant. f. The Division 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 January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 4 of 19 Special Provisions & Certified Assurances must remain attached to the application award dates, changes in goals and objectives, and other modifications which do not change the total amount of the Grant Award. The Division's requirements for such grant adjustments are contained in the procedures for DCJ Forms 4A, 4B, 4C, and 4D, which are hereby incorporated by reference. g. The Division may withhold payment in the event the Subgrantee Agency fails to comply with conditions, including all financial reporting requirements and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee Agency 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 Division of Criminal Justice. b. The Subgrantee Agency assures that no contract or agreement will be made for execution of project activities or provisions of services (other than purchase of supplies or standard commercial or maintenance services) that is not incorporated in the approved application or approved in advance by the Division of Criminal Justice. c. The Subgrantee Agency assures that contractors /vendors who assist the Subgrantee Agency to develop specifications, requirements, statements of work and /or Request For Proposal for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantee Agency assures that where activities supported by this subgrant 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: The Division of Criminal Justice reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: The copyright in any work developed under an award or subaward; and 2) Any rights of copyright to which a recipient or subrecipient purchases ownership with support. ii. If any program produces patentable items, patent rights, processes or inventions, in the course of work sponsored by the Federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency, Division of Criminal Justice. The awarding agency shall determine whether protection on the invention or discovery shall be sought. The awarding agency will also determine how rights in the invention or discovery (including rights under any patents issued thereon) shall be allocated and administered in order to protect the public interest pursuant to published Presidential and government memorandums and guidelines, and the regulations promulgated by the Department of Commerce in 37 CFR Part 401. 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 Subgrantee Agencies must clearly: a) State the percentage of the total cost of the program or project, which will be financed with this grant money; b) State the dollar amount of state or federal funds for the project or program; c) Use the phrase -"This project was supported by federal grant # , issued by the Colorado Division of Criminal Justice." e. The Subgrantee Agency may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. 4. AUDIT, RECORD - KEEPING, AND MONITORING /INSPECTION a. The Subgrantee Agency assures that it will procure an audit or financial review, incorporating this subgrant, by an independent Certified Public Accountant (CPA), licensed to practice in Colorado incorporating this subgrant. If the agency expends more than $500,000 per year in combined federal funds, a Single Audit must be conducted in accordance with OMB Circular A -133 (Audits of States, Local Governments, and non- profit organizations). If the agency expends less than $500,000 per year in combined federal funds, the following policy applies: Agencies with total annual revenue from all sources of $200,000 or more shall procure a financial audit; a financial review shall not be sufficient to meet this requirement. Agencies with total annual revenue of less than $200,000 shall procure either a financial review or financial audit. At such time as the audit or financial review is completed, ONE COPY OF THE REPORT, INCLUDING THE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE for clearance. The audit or January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 5 of 19 Special Provisions & Certified Assurances must remain attached to the application financial review incorporating this subgrant must be completed and received within 12 months of the end of the fiscal years that includes the end date of the grant. ii. The Subgrantee Agency accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: a) does not meet the applicable A -133 or DCJ standards; b) is not submitted in a timely manner; or, c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. b. The Subgrantee Agency assures that: It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state fiscal year that includes the end date of the grant. (For example if the grant ended 9/30/2001, the state FY would be July 1, 2001 -June 30, 2002. The files could be destroyed after 6/30/2009); except, ii. If an audit is in progress and /or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven -year period until such issues are resolved. c. The Subgrantee Agency assures that it will keep copies of all documents, correspondence, and required receipts related to this subgrant in a separate file bearing the project title and grant number. d. The Division may periodically request submission of supporting financial and programmatic documentation, subcontracts, 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 subgrant agency, and at the location of any collaborating entities, for the same purpose. Subgrantee Agencies will be notified in advance of any on -site monitoring visit. e. The Subgrantee Agency assures that the Division of Criminal Justice, Colorado Department of 9 9 Y P Public Safety, and any representatives of the Office for Victims of Crime (OVC), the Office on Violence Against Women (OVW), and /or the Office of the Chief Financial Officer (OCFO), shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and records of the Subgrantee Agency and to relevant books and records of subcontractors of the Subgrantee Agency. It is the responsibility of the Subgrantee Agency to notify any of its project collaborators and subcontractors of these provisions. f. The Subgrantee Agency assures that signatories of the application and subgrant award and personnel employed through this subgrant will appear when requested at any administrative hearing, monitoring site visit, conference or meeting conducted by the Division of Criminal Justice. 5. COLORADO VICTIM RIGHTS ACT (Applies to Governmental Agencies Only) The Subgrantee Agency assures that the application signatories, all staff and all volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to § 24 -4.1 -302.5 C.R.S., and the services delineated pursuant to §§ 24 -4.1 -303 and 24 -4.1 -304 C.R.S., commonly known as the Victim Rights Act, and enabling legislation. 6. TERMINATION or REDUCTION IN GRANT AWARD The Division will monitor the performance of the Subgrantee Agency against goals and performance standards as found in the application required herein. The Division will provide reasonable assistance to the Subgrantee Agency concerning project goals, performance standards and subgrant requirements. Any determination of substandard performance on the part of the Subgrantee Agency shall be within the discretion of the Division, based upon the Division's review of the terms and conditions of the Grant Award, the application and project summary, the grant terms and assurances, and the requirements of applicable law. Substandard performance, as determined by the Division, shall constitute non - compliance, which may result in termination for cause, or reduction of the Grant Award for cause, as follows: a. Reduction In Grant Award Amount for Cause The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state reduces the grant amount for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 6 of 19 Special Provisions & Certified Assurances must remain attached to the application b. Termination for Convenience: Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. If the grant is terminated for convenience by either the Subgrantee Agency or the state, the Subgrantee Agency shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: The Division may terminate the grant for cause without compensation for termination costs. ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of termination. iv. In the event this grant is terminated for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. d. Any equipment purchased under this grant would revert, at the option of the Division, to the Division of Criminal Justice upon termination of the grant for any of the above reasons. 7. ORDER OF PRECEDENCE Any inconsistency or conflict in this grant shall be resolved by giving precedence in the following order: (a) Supplemental Provisions for the Federal Funding Accountability and Transparency Act of 2006 (FFATA), (b) Special Provisions and Certified Assurances, (c) Statement of Grant Award; and, (d) the final approved Subgrant Application. 8. DISPUTE RESOLUTION (THIS PROVISION APPLIES ONLY TO INTERAGENCY AGREEMENTS): Any failure of either party to perform in accordance with the terms of this agreement shall constitute a breach of the agreement. Any dispute concerning the performance of this agreement which cannot be resolved at the divisional level shall be referred to superior departmental management staff designated by each department. Failing resolution at that level, disputes shall be presented to the executive directors of each department for resolution. Failing resolution by the executive directors, the dispute shall be submitted in writing by both parties to the State Controller, whose decision on the dispute will be final. C. FEDERAL CERTIFIED ASSURANCES (VOCA AND VAWA funds only) 1. FEDERAL PUBLIC POLICY ASSURANCES a. The Subgrantee Agency hereby agrees that it will comply, and all of its contractors will comply with the applicable provisions of: Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; ii. The Juvenile Justice and Delinquency Prevention Act and /or the Victims of Crime Act, as appropriate; All other applicable Federal laws, orders, circulars, regulations or guidelines. b. The Subgrantee Agency hereby agrees that it will comply, and all of its contractors will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including: Part 18, Administrative Review Procedure; ii. Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; iv. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; v. Part 38, Equal Treatment for Faith Based Organizations vi. Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedure; vii. Part 61, Procedures of Implementing the National Environmental Policy Act; viii. Part 63, Floodplain Management and Wetland Protection Procedures; and, ix. Federal Laws or regulations applicable to Federal Assistance Programs. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 7 of 19 Special Provisions & Certified Assurances must remain attached to the application 2. FINANCIAL & ADMINISTRATIVE MANAGEMENT a. The Subgrantee Agency assures that it will comply with appropriate federal cost principles and administrative requirements applicable to grants as follows: For state, local or Indian tribal government entities; a) 2 CFR Part 225, Cost Principles for State, Local & Indian Tribal Governments (codified at 28 CFR Part 66, by reference and (formerly known as OMB Circular A -87) b) OMB Circular A -102, Common Rule - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments c) 28 CFR 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ii. For non - profit organizations; a) 2 CFR Part 230, Cost Principles for Non - Profit Organizations(formerly known as OMB Circular A -122) b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations (codified at 28 CFR Part 70 and formerly known as OMB Circular A -110) c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with .Institutions of Higher Education, Hospitals, and other Non - Profit Organizations iii. For colleges and universities; a) 2 CFR Part 220, Cost Principles for Educational Institutions (codified at 28 CFR Part 66, by reference and formerly known as OMB Circular A -21) b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations(codified at 28 CFR Part 70 and formerly known as OMB Circular A -110) c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and other Non - Profit Organizations iv. For each agency spending more than $500,000 per year in federal funds from all sources; a) OMB Circular A -133, Audits of States, Local Governments and Nonprofit Organizations b. The Subgrantee assures that it will comply with the provisions of the U.S. Department of Justice, Office of the Chief Financial Officer, Office of Justice Programs, Financial Guide for Grants, current edition. (For practical purposes, the requirements pertinent to the management of these funds have been extracted from the above documents and are contained in the current 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 Subgrantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations.) 3. NON - SUPPLANTING OF FUNDS a. The Subgrantee Agency certifies that any required matching funds used to pay the non - federal portion of the cost of this subgrant are in addition to funds that would have otherwise been made available for the purposes of this project. b. The Subgrantee Agency certifies that federal funds made available under this grant: Will not be used to supplant state or local funds; ii. Where there is a reduced or unchanged local investment, then the Subgrantee Agency shall give a written explanation demonstrating that the Subgrantee Agency's reduced or unchanged commitment would have been necessitated even if federal financial support under this federal grant program had not been made available. 4. PROHIBITIONS ON LOBBYING WITH FEDERAL FUNDS (Subgrantee Agencies receiving $100,000 or more in total federal funds per year. See 28 CFR Part 69.) The prospective Subgrantee Agency certifies, by submission of this proposal, that: a. No federal funds received through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; and, b. If any funds other than funds through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this subgrant, January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 8 of 19 Special Provisions & Certified Assurances must remain attached to the application the prospective Subgrantee Agency shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." 5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Subgrantee Agencies receiving $100,000 or more in total federal funds per year. See, 28 CFR Part 67.) The prospective Subgrantee Agency certifies, by submission of this proposal, that neither it nor its principals, subcontractors or suppliers: a. Are presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from participation in this transaction by any Federal department or agency; b. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (5)(b) of this certification; and d. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and e. Where the prospective Subgrantee Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 6. CERTIFICATION REGARDING DRUG FREE WORKPLACE (See, 28 CFR Part 67, Subpart F.) The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with the Drug Free Workplace Act of 1988, as implemented at 28 CFR Part 67, Subpart F. 7. CIVIL RIGHTS COMPLIANCE (See, 28 CFR Part 42.) a. Upon award, each Subgrantee Agency will be provided DCJ's Form 30, entitled "Certification of Compliance with Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans (EEOP) ", and will be required to do the following: The Project Director must submit the form to the Subgrantee Agency's Authorized Official for this grant; ii. The Authorized Official must review the form in conjunction with subgrant agency personnel responsible for reporting civil rights findings of discrimination; The Authorized Official must accurately complete the required information and provide all information requested; iv. The Authorized Official must provide an original signature on the form as indicated; and, v. The DCJ 30 Form with original signature must be returned to the Division with the Statement of Grant Award (SOGA). b. Any Subgrantee Agency findings of discrimination must be reported to the Division of Criminal Justice within 45 days of receipt of this grant award, and to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. 8. NON - DISCRIMINATION The following federal non- discrimination cites apply in particular: the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et. seq. and Department of Justice Regulations on Disability Discrimination, 28 CFR Part 35 and Part 39;Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et. seq., as applicable to construction contracts. 9. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND NATIONAL HISTORIC PRESERVATION ACT (NHPA) COMPLIANCE (42 USC § §4321 -4370 and 16 USC §470) a. The Subgrantee Agency agrees to assist the Division of Criminal Justice and the Office of Justice Programs, U.S. Department of Justice, in complying with the National Environmental Policy Act, the National Historic Preservation Act (NHPA) and other related federal environmental impact analyses requirements in the use of these grant funds either directly by the Subgrantee Agency or by a subcontractor. As long as the activity needs to be undertaken in order to use these grant funds, this January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 9 of 19 Special Provisions & Certified Assurances must remain attached to the application NEPA requirement first must be met whether or not the activities listed below are being specifically funded with these grant funds. The activities covered by this special condition are: New construction; ii. Minor renovation or remodeling of a property either listed on or eligible for listing on the National Register of Historic Places, or located within a 100 -year flood plain; Renovation, lease or any other proposed use of a building or facility that will either result in a change in its basic prior use, or significantly change its size. iv. Implementation of a new program involving the use of chemicals other than chemicals that are either purchased as an incidental component of a funded activity and traditionally used, for example, in office, household, recreational or educational environments. 10. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (THIS PROVISION APPLIES ONLY TO ENTITIES THAT PROVIDE MEDICAL CARE AND TREATMENT) The Subgrantee Agency acknowledges that it is a covered health care provider under the Health Insurance Portability and Accountability Act, 42 U.S.C. 1320d- 1320d -8, and its implementing regulations and agrees to comply with the requirements of HIPAA concerning any uses and disclosures of protected health information. 11. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS ACT OF 1970 (Government Entities Only) The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, which govern the treatment of persons displaced as a result of federal and federally- assisted programs. 12. POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES (5 U.S.C. §§ 1501 -08 and §§ 7324 -28 — applies to Government Entities Only) The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with requirements of 5 U.S.C. §§ 1501 -08 and §§ 7324 -28, which limit certain political activities of State and local government employees whose principal employment is in connection with an activity financed in whole or part by federal assistance. 13. REPORTING FRAUD, WASTE, ERROR AND ABUSE Each Subgrantee Agency must promptly refer to the Department of Justice, Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or misconduct should be reported to the U.S. Department of Justice, Office of the Inspector General (OIG) by: a) mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530; b) email: oiq.hotlineAusdoi.ciov; c) hotline: (contact information in English and Spanish): (800) 869 -4499; or d) hotline fax: (202) 616 -9881. D. VOCA SUBRECIPIENT ORGANIZATION ELIGIBILITY REQUIREMENTS VOCA establishes eligibility criteria that must be met by all organizations that receive VOCA funds. These funds are to be awarded to subrecipients only for providing services to victims of crime through their staff. Each subrecipient organization shall meet the following requirements. 1. PUBLIC OR NONPROFIT ORGANIZATION To be eligible to receive VOCA funds, organizations must be operated by a public or nonprofit organization, or a combination of such organizations, and provide services to crime victims. 2. RECORD OF EFFECTIVE SERVICES Demonstrate a record of providing effective services to crime victims. This includes having the support and approval of its services by the community, a history of providing direct services in a cost - effective manner, and financial support from other sources. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 10 of 19 Special Provisions & Certified Assurances must remain attached to the application 3. NEW PROGRAMS Those programs that have not yet demonstrated a record of providing services may be eligible to receive VOCA funding, if they can demonstrate that 25 -50 percent of their financial support comes from non - federal sources. It is important that organizations have a variety of funding sources besides federal funding in order to ensure their financial stability. States are responsible for establishing the base level of non - federal support required within the 25 -50 percent range. 4. PROGRAM MATCH REQUIREMENTS The purpose of matching contributions is to increase the amount of resources available to the projects supported by grant funds. Matching contributions of 20% (cash or in -kind) of the total cost of each VOCA project (VOCA grant plus match) are required for each VOCA- funded project and must be derived from non- federal sources, except as provided in the OJP Financial Guide, effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing). All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Match must be provided on a project -by- project basis. Any deviation from this policy must be approved by OVC. For the purposes of this program, in -kind match may include donations of expendable equipment, office supplies, workshop or classroom materials, work space, or the monetary value of time contributed by professionals and technical personnel and other skilled and unskilled labor, if the services they provide are an integral and necessary part of a funded project. The value placed on donated services must be consistent with the rate of compensation paid for similar work in the subrecipient's organization. If the required skills are not found in the subrecipient's organization, the rate of compensation must be consistent with the labor market. In either case, fringe benefits may be included in the valuation. The value placed on loaned or donated equipment may not exceed its fair market value. The value of donated space may not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in privately owned buildings in the same locality. a. Record Keeping. VOCA recipients and their subrecipients must maintain records that clearly show the source, the amount, and the period during which the match was allocated. The basis for determining the value of personal services, materials, equipment, and space must be documented. Volunteer services must be documented, and to the extent feasible, supported by the same methods used by the subrecipient for its own paid employees. The state has primary responsibility for subrecipient compliance with the requirements. State grantees are encouraged not to require excessive amounts of match. b. Exceptions to the 20% match: OVC sets lower match requirements for: Native American Tribes /Organizations Located on Reservations. The match for new or existing VOCA subrecipients that are Native American tribes /organizations located on reservations is 5% (cash or in -kind) of the total VOCA project. For the purpose of this grant, a Native American tribe /organization is defined as any tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the U.S. to Native Americans because of their status as Native Americans. A reservation is defined as a tract of land set aside for use of, and occupancy by, Native Americans. ii. The U.S. Virgin Islands, and all other territories and possessions of the U.S., except Puerto Rico, are not required to match VOCA funds. See 48 U.S.C. 1469a(d). OVC may waive the match requirement if extraordinary need is documented by State VOCA administrators. 5. VOLUNTEERS Subrecipient organizations must use volunteers unless the state grantee determines there is a compelling reason to waive this requirement. A "compelling reason" may be a statutory or contractual provision concerning liability or confidentiality of counselor /victim information, which bars using volunteers for certain positions, or the inability to recruit and maintain volunteers after a sustained and aggressive effort. 6. PROMOTE COMMUNITY EFFORTS TO AID CRIME VICTIMS Promote, within the community, coordinated public and private efforts to aid crime victims. Coordination may include, but is not limited to, serving on state, federal, local, or Native American task forces, commissions, working groups, coalitions, and /or multi - disciplinary teams. Coordination efforts also include developing written agreements that contribute to better and more comprehensive services to crime victims. Coordination efforts qualify an organization to receive VOCA victim assistance funds, but are not activities that can be supported with VOCA funds. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 11 of 19 Special Provisions & Certified Assurances must remain attached to the application 7. HELP VICTIMS APPLY FOR COMPENSATION BENEFITS Such assistance may include identifying and notifying crime victims of the availability of compensation, assisting them with application forms and procedures, obtaining necessary documentation, and /or checking on claim status. 8. COMPLY WITH FEDERAL RULES REGULATING GRANTS Subrecipients must comply with the applicable provisions of VOCA, the Program Guidelines, and the requirements of the OJP Financial Guide, effective edition, which includes maintaining appropriate programmatic and financial records that fully disclose the amount and disposition of VOCA funds received. This includes: financial documentation for disbursements; daily time and attendance records specifying time devoted to allowable VOCA victim services; client files; the portion of the project supplied by other sources of revenue; job descriptions; contracts for services; and other records which facilitate an effective audit. 9. MAINTAIN CIVIL RIGHTS INFORMATION Maintain statutorily required civil rights statistics on victims served by race, national origin, sex, age, and disability, within the timetable established by the state grantee; and permit reasonable access to its books, documents, papers, and records to determine whether the subrecipient is complying with applicable civil rights laws. This requirement is waived when providing a service, such as telephone counseling, where soliciting the information may be in appropriate or offensive to the crime victim. 10. COMPLY WITH STATE CRITERIA Subrecipients must abide by any additional eligibility or service criteria as established by the state grantee including submitting statistical and programmatic information on the use and impact of VOCA funds, as requested by the grantee. 11. SERVICES TO VICTIMS OF FEDERAL CRIMES Subrecipients must provide services to victims of federal crimes on the same basis as victims of state /local crimes. 12. NO CHARGE TO VICTIMS FOR VOCA- FUNDED SERVICES Subrecipients must provide services to crime victims, at no charge, through the VOCA- funded project. Any deviation from this provision requires prior approval by the state grantee. Prior to authorizing subrecipients to generate income, OVC strongly encourages administrators to carefully weigh the following considerations regarding federal funds generating income for subrecipient organizations. a. The purpose of the VOCA victim assistance grant program is to provide services to all crime victims regardless of their ability to pay for services rendered or availability of insurance or other third -party payment resources. Crime victims suffer tremendous emotional, physical, and financial losses. It was never the intent of VOCA to exacerbate the impact of the crime by asking the victim to pay for services. b. State grantees must ensure that they and their subrecipients have the capability to track program income in accordance with federal financial accounting requirements. All VOCA- funded program and match income, no matter how large or small, is restricted to the same uses as the VOCA grant. Program income can be problematic because of the required tracking systems needed to monitor VOCA- funded income and ensure that it is used only to make additional services available to crime victims. For example: VOCA often funds only a portion of a counselor's time. Accounting for VOCA program income generated by this counselor is complicated, involving careful record keeping by the counselor, the subrecipient program, and the state. 13. CLIENT — COUNSELOR CONFIDENTIALITY Maintain confidentiality of client - counselor information, as required by state and federal law. 14. CONFIDENTIALITY OF RESEARCH INFORMATION Except as otherwise provided by federal law, no recipient of monies under VOCA shall use or reveal any research or statistical information furnished under this program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with VOCA. Such information, and any copy of such information, shall be immune from legal process and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding. See Section 1407(d) of VOCA codified at 42 U.S.C. 10604. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 12 of 19 Special Provisions & Certified Assurances must remain attached to the application These provisions are intended, among other things, to ensure the confidentiality of information provided by crime victims to counselors working for victim services programs receiving VOCA funds. Whatever the scope of application given this provision, it is clear that there is nothing in VOCA or its legislative history to indicate that Congress intended to override or repeal, in effect, a state's existing law governing the disclosure of information which is supportive of VOCA's fundamental goal of helping crime victims. For example, this provision would not act to override or repeal, in effect, a state's existing law pertaining to the mandatory reporting of suspected child abuse. (See Pennhurst School and Hospital v. Halderman, et al., 451 U.S. 1 (1981).) Furthermore, this confidentiality provision should not be interpreted to thwart the legitimate informational needs of public agencies. For example, this provision does not prohibit a domestic violence shelter from acknowledging, in response to an inquiry by a law enforcement agency conducting a missing person investigation, that the person is safe in the shelter. Similarly, this provision does not prohibit access to a victim service project by a federal or state agency seeking to determine whether federal and state funds are being utilized in accordance with funding agreements. E. VOCA PROGRAM SPECIFIC REQUIREMENTS The following program specific requirements are imposed by the State sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements which must be passed on to subgrant award recipients. These requirements are more likely to change from year -to -year than the special provisions and federal certified assurances shown above, and usually vary across offices within the Division. 1. FUTURE FUNDING The capacity for VOCA funds to provide future continuation dollars for projects is undetermined at this time. Subgrantee Agencies are advised to seek other funding sources, especially for personnel dollars. 2. STATE CONFIDENTIALITY OF VICTIMS INFORMATION The Subgrantee Agency certifies that the signing authorities, all staff and volunteers assigned to the VOCA- funded project have read and understood, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including, but not limited to, those found in C.R.S. §13 -90 -107. F. VAWA PROGRAM SPECIFIC REQUIREMENTS 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. These requirements are more likely to change from year to year than the special provisions and federal certified assurances shown above, and usually vary across offices within the Division. 1. The capacity for VAWA funds to provide future continuation dollars for projects is undetermined at this time. Subgrantee Agencies are advised to seek other funding sources, especially for personnel dollars. 2. The Subgrantee Agency certifies that the signing authorities, all staff and volunteers assigned to the VAWA- funded project have read state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including but not limited to, those found in. Section 13 -90 -107, C.R.S. 3. The Subgrantee Agency certifies that the signing authorities, all staff and volunteers assigned to the VAWA- funded project understand that disclosure of personally identifying information about victims served with VAWA funds is prohibited without a written release, court order or statutory requirement. 4 The following activities cannot be conducted under the OVW federal action: Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Under the S.T.O.P. Violence Against Women Act Reauthorization (42 U.S.C. 3799gg — (d)(4), prosecution, law enforcement and courts applications must consult with local, nonprofit, non - governmental victim services programs in developing their applications to ensure that the proposed activities are designed to promote safety, confidentiality, and economic independence of victims of domestic violence, sexual assault, stalking and dating violence. 6. All materials and publications (written, visual or sound) resulting from subgrant award activities shall contain the following statements: "This project was supported by subgrant no. , awarded by the Colorado Department of Public Safety, Division of Criminal Justice — administering office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 13 of 19 Special Provisions & Certified Assurances must remain attached to the application publication /program /exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women ". 7. The subgrantee understands that approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to the Division of Criminal Justice, Office for Victims Programs, prior to obligation or expenditure of such funds. The detailed justification will then be submitted to the Office on Violence Against Women for review, if required. 8. Pursuant to 28 CFR §§ 66.34, the Office on Violence Against Women reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in part (including in the creation of derivative works), for Federal Government purposes: (a) any work that is subject to copyright and was developed under this award, subaward, contract or subcontract pursuant to this award; and (b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor with support under this award. In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from the Office on Violence Against Women program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. 9. STATE VALE PROGRAM SPECIFIC REQUIREMENTS 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 grant award recipients. These requirements are more likely to change from year to year than the special provisions and federal certified assurances shown above, and usually vary across offices within the Division. 1. If the applicant is a state government agency, the submission of this application certifies the applicant agency has obtained through the state budget process the spending authority and FTE approval, if FTE is requested, required to accept these state grant dollars. In addition, state agencies applying for these grant funds must enclose in the appendix a letter or memorandum from the appropriate fiscal officer verifying the applicant's ability to accept these state funds. If unable to comply with this condition, please contact DCJ prior to the submission of the application. 2. The Subgrantee Agency certifies that the signing authorities, all staff and volunteers assigned to the project have read and understood state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including, but not limited to, those found in C.R.S. §13 -90 -107. 10. GENERAL PROVISIONS 1. INDEMNIFICATION. a. To the extent authorized by law, the Subgrantee Agency 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 the Subgrantee Agency, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. FOR GRANTS TO STATE AGENCIES AND HIGHER EDUCATION ONLY: b. A self- insured, Subgrantee state Agency agrees that its Self- Insurance Program shall BE RESPONSIBLE FOR 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 the Subgrantee Agency, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 14 of 19 Special Provisions & Certified Assurances must remain attached to the application 2. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Subgrantee hereunder is $100,000 or higher] By entering into this subgrant, Subgrantee 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 contracts and inclusion of contract performance information in a statewide contract management system. Subgrantee performance shall be evaluated in accordance with the terms and conditions of this subgrant, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation of Subgrantee's performance shall be part of the normal contract administration process and Subgrantee's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Subgrantee's obligations under this subgrant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Project Plan of this subgrant. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Project Plan and a final review and rating shall be rendered within 30 days of the end of the Subgrant term. Subgrantee shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that the Subgrantee demonstrated a gross failure to meet the performance measures established under the Project Plan, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Division of Criminal Justice, and showing of good cause, may debar Subgrantee and prohibit Subgrantee from bidding on future contracts. Subgrantee may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105 - 102(6)), or (ii) 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 Subgrantee, by the Executive Director, upon showing of good cause. 3. The Subgrantee Agency shall comply with all applicable revisions or additional requirements that may be imposed by law and any future state and federal guidance including clarifications of requirements. Any revisions to such provisions or regulations shall automatically become a part of these Special Provisions and Certified Assurances, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to the Subgrantee Agency of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 4. CORA Disclosure To the extent not prohibited by federal law, this subgrant 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. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 15 of 19 Special Provisions & Certified Assurances must remain attached to the application State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended As of 10 -15 -10 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non - Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act 3f 1986, as amended (15 U.S.C. 3710); .1.4. Loans; .1.5. Loan Guarantees; .1.6. Subsidies; .1.7. Insurance; 1.4.8. Food commodities; 1.9. Direct appropriations; .1.10. Assessed and voluntary contributions; and 0.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non - Federal Entities. \ward does not include: .1.12. Technical assistance, which provides services in lieu of money; ,1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111 -5). 1.2. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.bpn.gov/ccr. 1.3. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.4. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.5. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http: / /fedgov.dnb.com /webform. 1.6. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.6.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.6.2. A foreign public entity; 1.6.3. A domestic or foreign non - profit organization; 1.6.4. A domestic or foreign for - profit organization; and 1.6.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.7. "Executive" means an officer, managing partner or any other employee in a management position. 1.8. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 16 of 19 Special Provisions & Certified Assurances must remain attached to the application Law 109 -282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to as the "Transparency Act." 1.10. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.11. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.12. "Subrecipient" means a non - Federal Entity (or a Federal agency under an Award or Subaward to a non - Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.13. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's Central Contractor Registration (CCR) profile, if applicable. 1.14. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non - equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above - market earnings on deferred compensation which is not tax - qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of Public Law 110 -252. The Transparency Act also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS) Requirements. 3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update the CCR information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in CCR for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 17 of 19 Special Provisions & Certified Assurances must remain attached to the application 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and /or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and /or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to CCR and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http : / /www.colorado.gov /dpa /dfp /sco /FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these supplemental provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered in CCR. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 18 of 19 Special Provisions & Certified Assurances must remain attached to the application 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non - profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. January 2012 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 19 of 19 Special Provisions & Certified Assurances must remain attached to the application SIGNATURE PAGE - > - > -> TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED - Please sign in BLUE ink. See instructions for description of proper signatories.) The Subgrantee Agency and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances, and are fully cognizant of their duties and responsibilities for this project. The Subgrantee Agency understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director, who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24 -72- 202.6, information supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name Peter Runyon Position Chairman Agency Board of County Commissioners Mailing Address P.O. Box 850 City, State, Zip Eagle, CO 81631 Telephone # 970 - 328 -8605 Fax # 970 - 328 -8629 E -mail Address Peter .Runyon @eaglecounty..us — Signature % Date � FINANCIAL OFFICER Name Jessie Mosher Position Administrative Manager Agency Eagle County Sheriff's Office Mailing Address P.O. Box 359 City, State, Zip Eagle, CO 81631 Telephone # 970 - 328 -8500 Fax # 970 - 328 -1448 E -mail Address Jessie.Mosher@eaglecounty.us Signature Date PROJECT DIRECTOR Name Deena Ezzell Position Victim Services Coordinator Agency Eagle County Sheriff's Office Mailing Address P.O. Box 359 City, State, Zip Eagle, CO 81631 Telephone # 970 - 328 -8539 Fax # 970 - 328 -1448 E -mail Address Deena.Ezzell @eaglecounty.us Signature Date January 2012