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HomeMy WebLinkAboutC14-453 Federal Victims of Crime Act Funds Agreement Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
' Grant# CMS# CFDA# State/Federal Award#
2014-VA-14-003124-05 16.575 2014-VA-GX-0002
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
Grant Agreement
with
County of Eagle
TABLE OF CONTENTS
1.PARTIES 3
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY 3
3.RECITALS 3
4.DEFINITIONS 4
5.TERM 6
6.STATEMENT OF WORK 6
7.PAYMENTS TO GRANTEE 7
8.REPORTING-NOTIFICATION 9
9.GRANTEE RECORDS 10
10.CONFIDENTIAL INFORMATION-STATE RECORDS • 12
11.CONFLICTS OF INTEREST 13
12.REPRESENTATIONS AND WARRANTIES 13
13.INSURANCE 4 14
14.BREACH 16
15.REMEDIES 17
18,NOTICES AND REPRESENTATIVES 19
17.RIGHTS IN DATA DOCUMENTS,AND COMPUTER SOFTWARE 20
18.GOVERNMENTAL IMMUNITY 21
19.STATEWIDE CONTRACT MANAGEMENT SYSTEM 21
20.GENERAL PROVISIONS 22
21.COLORADO SPECIAL PROVISIONS 26
22.FEDERAL CERTIFIED ASSURANCES 29
23.ADDITIONAL GRANT REQUIREMENTS 35
24,COLORADO SUPPLEMENTAL PROVISIONS FOR FFATA 36
25.SIGNATURE PAGE _ 41
EXHIBIT A—SPECIAL CONDITIONS 42
EXHIBIT B1—BODY OF APPLICATION 48
EXHIBIT B2-GOALS AND OBJECTIVES 67
EXHIBIT B3—BUDGET AND BUDGET NARRATIVE 69
EXHIBIT C—SAMPLE OPTION LETTER 82
EXHIBIT D—SAMPLE GRANT FUNDING CHANGE LETTER 84
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
EXHIBIT E-SAMPLE CONTRACT AMENDMENT 86
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
1. PARTIES
This Grant Agreement(hereinafter called "Grant") is entered into by and
between the County of Eagle (hereinafter called "Grantee"), and the STATE
OF COLORADO acting by and.through the Department of Public Safety,
Division of Criminal Justice (hereinafter called the "State.").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Grant shall not be effective or enforceable until it is approved and
-signed-by the Colorado State Controller or designee (hereinafter called the
"Effective Date"). The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including, but not limited to costs or
expenses incurred, or be bound by any provision hereof prior to the
Effective Date. Provided, however,that authorized Pre-award Costs
incurred prior to the Effective Date may be submitted for reimbursement
'as provided in §7(B)(v) below.
3. RECITALS
A. Authority,Appropriation,And Approval
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Authority to enter into this Grant exists in Colorado Revised Statutes 24-
33.5-503 and 507. Funds have been budgeted, appropriated.and otherwise
made available and a sufficient unencumbered balance thereof remains
available pursuant to United States Department of Justice, Office of
Justice Programs, under federal statutory authority Victims of Crime Act
(VOCA) of 1984 as amended, 42 U.S.C. 10601, et seq., Section 1404 of
VOCA,,Public Law 98-473, as amended, codified at 42 U.S.C. 10603, and
under applicable program rules and regulations established by the federal
program office as referenced under CFDA number(s) 16.575 to the
Colorado Division of Criminal Justice. A sufficient unencumbered balance
thereof remains available for payment.
Required approvals, clearance and coordination have been accomplished
from and with appropriate agencies.
B. Considerations
The Parties acknowledge that the mutual promises and covenants
contained herein and other good and valuable consideration are sufficient
and adequate to support this Grant.
C. Purpose
The federal Victims of Crime Act (VOCA) Program allows agencies to
support activities that provide a broad range of direct services to victims
of crime.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services•Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
D. References
All references in this Grant to sections (whether spelled out or using the§
symbol), subsections, exhibits or other attachments, are references to
sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as
. follows:
A.Application •
"Application" means the agency information, capacity, past performance,
and other project information as described in Exhibit B1 —Body of
Application.
B.Application Signature(s)
The person who is authorized to obligate and to enter into contracts for
the Grantee/applicant agency.
C. Budget
"Budget" means the budget for the Work described in Exhibit B3—Budget
and Budget Narrative.
D. Equipment
"Equipment" means tangible, nonexpendable property with an acquisition
cost of$5,000 or more and a useful life of more than one year. Software,
regardless of cost, is not considered equipment.
E. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it
based on criteria established in §6 and Exhibit B1 —Body of Application
and Exhibit B2—Goals and Objectives.
F. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein:
Exhibit A-Special Conditions, Exhibit B1 -Body of Application, Exhibit B2
Goals and Objectives, Exhibit B3—Budget and Budget Narrative, Exhibit
C—Sample Option Letter, Exhibit D -Sample Grant Funding Change
Letter, and Exhibit E -Sample Contract Amendment.
G. Forms
"Forms" are a type of document with various different blank spaces for
answers or information to document or request information and attached
as exhibits or provided to the Grantee throughout the term of this grant.
Forms will be periodically updated, changed, modified, adjusted,
transformed, amended, or altered at the discretion of the State and
provided to the Grantee to best meet the needs of the information being
collected and recorded.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
H. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits,
documents incorporated by reference under the terms of this Grant,and
any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and
State Controller Policies.
I.Grant Funds
"Grant Funds" means available funds payable by the State to Grantee
pursuant to this Grant.
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J. Grant Management System
"Colorado Grant Management System" (COGMS) means the State of
Colorado's online electronic system to solicit, apply, review, manage, and
close out a grant. (Use of the COGMS is established by the state agency or
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division managing the grant funds).
K. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State
and Grantee.
L. Program
"Program" means the Grant Program that provides the funding for this
Grant.
M. Review
"Review" means examining Grantee's Work to ensure that it is adequate,
accurate, correct and in accordance with the criteria established in §6 and
Exhibit B1 —Body of Application and Exhibit B2—Goals and Objectives.
N. Services
"Services" means the required action to be performed by Grantee
pursuant to this Grant as described in and Exhibit B2—Goals and
Objectives.
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O. Sub-grantee
"Sub-grantee" means third-parties, if any, engaged by Grantee to aid in
performance of its obligations.
P.Work
"Work" means.the tasks and activities the Grantee is required to perform
to fulfill its obligations under this Grant and and Exhibit B2—Goals and
Objectives, including the performance of the Services and delivery of the
Goods. S
Q. Work Product
"Work Product" means the tangible or intangible results-of Grantee's.
Work, including, but not limited to, software, research, reports, studies,
data, photographs, negatives or other finished or unfinished documents,
drawings, models, surveys, maps, materials, or work product of any type,
including drafts.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriff's Office 2014-VA-14-003124-05
5. TERM
A. Initial Term-Work Commencement
Unless otherwise permitted in §2 above, the Parties respective
performances under this Grant shall commence on the later of either the
Effective Date or January 01, 2015. This Grant shall terminate on
December 31, 2015 unless sooner terminated or further extended as
specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided
in §16, may unilaterally extend the term of this Grant for a period not to -
exceed two months if the Parties are negotiating a replacement Grant (and
not merely seeking a term extension)at or near the end of any initial term
or any extension thereof. The provisions of this Grant in effect when such
notice is given, including, but not limited to prices, rates, and delivery
requirements, shall remain in effect during the two month extension.The
two-month extension shall immediately terminate when and if a
replacement Grant is approved and signed by the Colorado State
Controller.
C. Option to Extend
The State may require continued performance for a period of up to 1 year
at the same rates and same terms specified in the Grant. If the State
exercises this option, it shall provide written notice to Grantee at least 30
days prior to the end of the current Grant term in a form substantially
equivalent to Exhibit C— Sample Option Letter. If exercised,the
provisions of the Option Letter shall become part of and be incorporated
into this Grant. The total duration of this Grant, including the exercise of
any options under this clause, shall not exceed 5 years.
6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described
herein and in Exhibit B2— Project Summary/Goals and Objectives on or
before December 31, 2015. The State shall not be liable to compensate
Grantee for any Work performed prior to the Effective Date or after the
termination of this Grant.
The State may increase or decrease the quantity of goods/services
described in Exhibit B2—Project Summary/Goals and Objectives and/or
Exhibit B3 -Budget and Budget Narrative based upon the rates
established in the Grant. If the State exercises the option, it will provide
written notice to Grantee at least 15 days prior to the end of the current
grant term in a form substantially equivalent to Exhibit C—Sample Option
Letter. Delivery/performance of the goods/services shall continue at the
same rates and terms. If exercised, the provisions of the Option Letter
shall become part of and be incorporated into the original grant.
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Applicant: Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
B. Goods and/or Services
Grantee shall procure Goods and/or Services necessary to complete the
Work as referenced and required in Exhibit B3 Budget and Budget •
Narrative. Such procurement shall be accomplished using the Grant
Funds and shall not increase the maximum amount payable hereunder by
the State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered
Grantee's or Subgrantees' employee(s)for all purposes hereunder and
shall not be employees of the State for any purpose as a result of this
Grant.
7. PAYMENTS TO GRANTEE •
The State shall, in accordance with the provisions of this §7, pay Grantee
in the following amounts and using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is
$27,000 as determined by the State from available funds. Grantee agrees
to provide any additional funds required for the successful completion of
the Work. Payments to Grantee are limited to the unpaid obligated balance
of the Grant as set forth in Exhibit B3 - Budget and Budget Narrative.
B. Payment
i.Advance, Interim and Final Payments
Any payment allowed under this Grant for approved and allowed costs or
in Exhibit B3—Budget and Budget Narrative shall comply with State Fiscal
Rules and be made in accordance with the provisions of this Grant or such
.Exhibit. Grantee shall initiate any payment requests by submitting a
payment request to the State ih the form and manner set forth and
approved by the State. If a state agency or division is using the COGMS,
payment requests shall be submitted electronically by the Grantee and
accepted electronically by the State within the system. The Grantee shall
maintain all grant related records with original signatures on file within the
Grantee's record and in accordance with requirements in §9.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if
the amount invoiced represents performance by Grantee previously
accepted by the State. Uncontested amounts not paid by the State within
45 days may, if Grantee so requests, bear interest on the unpaid balance
beginning on the 46th day at a rate not to exceed one percent per month
until paid in full; provided, however,that interest shall not accrue on
unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts.
The billing shall reference the delinquent payment,the number of day's
interest to be paid and the interest rate.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
iii.Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the
term of the State's current fiscal year. Therefore,Grantee's compensation
is contingent upon the continuing availability of State appropriations as
provided in the Colorado Special Provisions, set forth below. If federal
funds are used with this Grant in whole or in part, the State's performance
hereunder is contingent upon the continuing availability of such funds.
Payments pursuant to this Grant shall be made only from available funds
encumbered for this Grant and the State's liability for such payments shall
be limited to the amount remaining of such encumbered funds. If State or
federal funds are not appropriated, or otherwise become unavailable to
fund this Grant, the State may immediately terminate this Grant in whole or
in part without further liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole discretion, payments made to Grantee in error for any
reason, including, but not limited to overpayments or improper payments,
and unexpended or excess funds received by Grantee, may be recovered
from Grantee by deduction from subsequent payments under this Grant or
other Grants, grants or agreements between the State and Grantee or by
other appropriate methods and collected as a debt due to the State. Such
funds shall not be paid to any party other than the State.
v. Retroactive Payments •
[Does not apply to State Funded Programs] The State shall pay Pre-award
Costs only if(1)the Bureau of Justice Assistance Notice of Award allows
reimbursement for Pre-award Costs by a Grantee or Subgrantee from
Federal Funds or Matching Funds, or(2)the Pre-award Costs have been
specifically detailed in Grantee's grant application, authorized by the State
and incorporated in the Budget for the Work described in Exhibit B. Any
such retroactive payments shall comply with State Fiscal Rules and
Grantee and any Subgrantees shall have complied with all federal laws,
rules and regulations applicable to the Work before the State shall make
such payments. Grantee shall initiate any retroactive payment request by
submitting invoices to the State that set out Grantee's compliance with the
provisions of this Grant.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in
Exhibit B3—Budget and Budget Narrative. Grantee may request budget
modifications by submitting a modification request via the COGMS to the
State. The State reserves the right to make and authorize modifications,
adjustments, and/or revisions to the Grant Award for the purpose of
making changes in budget categories, extensions of grant award dates,
changes in goals and objectives, and other modifications which do not
change the total amount of the Grant Award. The State's total
consideration shall not exceed the maximum amount referenced herein.
D. Matching Funds
Grantee shall provide matching funds as provided in Exhibit B3—Budget
and Budget Narrative. Grantee shall report to DCJ regarding the status of -
such funds.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
8. REPORTING -NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in
accordance with the procedures of and in such form as prescribed by the
State and in accordance with §19, if applicable. If a state agency or
division is using the COGMS, reports shall be submitted electronically by
the Grantee and accepted electronically by the State within the system.
The Grantee shall maintain all grant related records with original
signatures on file within the Grantee's record and in accordance with
requirements in §9.
A. Performance, Progress, Personnel, and Funds
The Grantee assures that it shall maintain data and information to provide
accurate quarterly program and financial reports to the State. Said reports
shall be provided in such form, at such times, and containing such data
and information as the State reasonably requires to administer the
program.
L Programmatic (Narrative) Reports
Grantee shall submit a Quarterly Narrative Report on the progress of the
grant quarterly. Reports are required to the State for each quarter within
15 days after the quarter ends.
ii. Quarterly Financial Reports
Grantee shall submit Quarterly Financial Reports quarterly. Reports are
required to the State for each quarter within 15 days after the quarter ends.
iii. Final Financial Report
Grantee shall submit a report to the State upon expiration or sooner
termination of the Grant containing grant final financial expenditures that
accurately match your accounting records. Final reports are required to
the State within 45 days of the end of the Grant, if required.
iv. On-Site Monitoring
On-site monitoring may be conducted during the term of the grant. On-
site monitoring shall include but not be limited to, review of financial
records, payroll documents, equipment purchases and the equipment,
and/or case record monitoring. Additional monitoring site visits may be
required based on findings or continued inaccurate invoice
reimbursement requests. Grantee shall be notified in advance of on-site
monitoring schedule.
v. Monitoring
Detailed monitoring may occur during the project period. The State may
periodically request submission of supporting financial and programmatic
documentation, Subgrantee contracts, general and sub-ledgers for the
purpose of monitoring compliance with the grant award via desk review, or
in preparation for an on-site monitoring visit. Routine or special on-site
visits may be conducted at the Grantee/Subgrantee agency, and at the
location of any collaborating entities,for the same purpose. Grantees will
be notified in advance of any on-site monitoring visit.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
vi. Reporting Non-Compliance Resolution
Grantee's failure to provide reports and other grant requirements, meet
monitoring site visit evaluations and notify the State in a timely manner in
accordance with this §8 may result in the delay of payment of funds until a
final resolution is determined and/or termination as provided under this
Grant. The Division of Criminal Justice (DCJ) staff and the Grantee will
mediate any non-compliance issues for a resolution. If DCJ staff and the
Grantee cannot negotiate a resolution,the issue can be elevated to the
Director of the DCJ for final resolution.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed
with a court or administrative agency, related to this Grant or which may
affect Grantee's ability to perform its obligations hereunder, Grantee shall
notify the State of such action and deliver copies of.such pleadings to the
State's principal representative as identified herein. If the State's principal
representative is not then serving, such notice and copies shall be •
delivered to the Executive Director of the Department of Public Safety.
C. Performance Outside the State of Colorado and/or the United States
[Not applicable if Grant Funds include any federal funds] Following the
Effective Date, Grantee shall provide written notice to the State, in
accordance with §16 (Notices and Representatives), within 20 days of the
earlier to occur of Grantee's decision to perform, or its execution of an
agreement with a Subgrantee to perform, Services outside the State of
Colorado and/or the United States. Such notice shall specify the type of
Services to be performed outside the State of Colorado and/or the United
States and the reason why it is necessary or advantageous to perform
such Services at such location or locations. All notices received by the
State pursuant to this §8.0 shall be posted on the Colorado Department of
Personnel &Administration's website. Knowing failure by Grantee to•
provide notice to the State under this §8.0 shall constitute a material
breach of this.Grant.
D. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner
in accordance with this §8 may result in the delay of payment of funds
until a final resolution is determined and/or termination as provided under
this Grant.
E. Subgrants .
Copies of any and all subgrants entered into by Grantee to perform its
obligations hereunder shall be submitted to the State or its principal
representative upon request by the State.Any and all subgrants entered
into by Grantee related to its performance hereunder shall comply with all
applicable federal and state laws and shall provide that such subgrants be
governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriff's Office 2014-VA-14-003124-05
Grantee shall make, keep, maintain and allow inspection and monitoring of
the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring
by the State of a complete file of all records, documents, required receipts,
communications,notes and other written materials, electronic media files,
and communications, pertaining in any manner to the Work or the delivery
of Services (including, but not limited to the operation of programs) or
Goods hereunder in a separate file bearing the project title and grant
number. Grantee shall maintain such records (the Record Retention
Period) until the last to occur of the following: (I) a period of seven years
after the date this Grant is completed or terminated, or(H) final payment is
made hereunder, whichever is later, or(iii) for such further period as may
be necessary to resolve any pending matters, or(iv) if an audit is
occurring, or Grantee has received notice that an audit is pending,then
until such audit has been completed and its findings have been resolved
(the "Record Retention Period").
B. Inspection
Grantee shall permit the State, the federal government and any other duly
authorized agent of a governmental agency to audit, inspect, examine,
excerpt, copy and/or transcribe Grantee's records related to this Grant
during the Record Retention Period for a period of seven years following
termination of this Grant or final payment hereunder, whichever is later,to
assure compliance with the terms hereof or to evaluate Grantee's
performance hereunder. The State reserves the right to inspect the Work
at all reasonable times and places during the term of this Grant, including
any extension. If the Work fails to conform to the requirements of this
Grant, the State may require Grantee promptly to bring the Work into
conformity with Grant requirements, at Grantee's sole expense. If the Work
cannot be brought into conformance by re-performance or other corrective
measures, the State may require Grantee to take necessary action to
ensure that future performance conforms to Grant requirements and
exercise the remedies available under this Grant, at law or inequity in lieu
of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State,the federal government, and other
governmental agencies having jurisdiction, in their sole discretion, to
monitor all activities conducted by Grantee pursuant to the terms of this
Grant using any reasonable procedure, including, but not limited to:
internal evaluation procedures, examination of program data, special
analyses, on-site checking, formal audit examinations, or any other
procedures. All monitoring controlled by the State shall be performed in a
manner that shall not unduly interfere with Grantee's performance
hereunder. It is the responsibility of the Grantee to notify any of its project
collaborators and Subgrantees of these provisions.
D. Final Audit Report
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
If an audit is performed on Grantee's records for any fiscal year covering a
portion of the term of this Grant, Grantee shall submit a copy of the final
audit report to the State or its principal representative at the address
specified herein.
The Grantee assures that it will procure an audit or financial review,
incorporating this grant award, by an independent Certified Public
Accountant (CPA), licensed to practice in Colorado. 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.
i) 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 financial review incorporating this
grant award 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 Grantee accepts responsibility for the costs of a financial program
audit to be performed by the Department of Public Safety in the event that
the audit report or financial review:
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.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shalt comply with the provisions on this §10 if it becomes privy to
confidential information in connection with its performance hereunder.
Confidential information, includes, but is not necessarily limited to, state
records, personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all
times and to comply with all laws and regulations concerning
confidentiality of information.Any request or demand by a third party for
State records and information in the possession of Grantee shall be
immediately forwarded to the State's principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who
may come into contact with State records and confidential information that
each is subject to the confidentiality requirements set forth herein, and
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shall provide each with a written explanation of such requirements before
they are permitted to access such records and information.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any
third party or used by Grantee or its agents in any way, except as
authorized by this Grant or approved in writing by the State. Grantee shall
provide and maintain a secure environment that ensures confidentiality of
all State records and other confidential information wherever located.
Confidential information shall not be retained in any files or otherwise by
Grantee or its agents, except as permitted in this Grant or approved in
writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee
for any reason may be cause for legal action by third parties against
Grantee, the State or their respective agents. To the extent permitted by
law, Grantee shall indemnify, save, and hold harmless the State, its
- employees and agents, against any and all claims, damages, liability and
court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Grantee, or its
employees, agents, Subgrantees, or assignees pursuant to this §10.
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11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or
practices or maintain any relationships which conflict in any way with the
full performance of Grantee's obligations hereunder. Grantee
acknowledges that with respect to this Grant, even the appearance of a
conflict of interest is harmful to the State's interests.Absent the State's
prior written approval, Grantee shall refrain from any practices, activities
or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations to the State hereunder. If a conflict
or appearance exists, or if Grantee is uncertain whether a conflict or the
appearance of a conflict of interest exists, Grantee shall submit to the
State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or
to follow the State's direction in regard to the apparent conflict constitutes
a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each
of which was relied on by the State in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the
highest standards of care, skill and diligence in the industry, trades or
profession and in the sequence and manner set forth in this Grant.
B. Legal Authority— Grantee and Grantee's Signatory
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Grantee warrants that it possesses the legal authority to enter into this
Grant and that it has taken all actions required by its procedures, by-laws,
and/or applicable laws to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this Grant, or any part thereof, and to
bind Grantee to its terms. If requested by the State, Grantee shall provide
the State with proof of Grantee's authority to enter into this Grant within 15
days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and
that at all times during the term hereof it shall have, at its sole expense, all
licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder.
Grantee warrants that it shall maintain all necessary licenses,
certifications, approvals, insurance, permits, and other authorizations
required to properly perform this Grant, without reimbursement by the
State or other adjustment in Grant Funds.Additionally, all employees and
agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities.
Grantee, if a foreign corporation or other foreign entity transacting
business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and has designated a registered
agent in Colorado to accept service of process. Any revocation,
withdrawal or non-renewal of licenses, certifications, approvals, .
insurance, permits or any such similar requirements necessary for
Grantee to properly perform the terms of this Grant shall be deemed to be
a material breach by Grantee and constitute grounds for termination of
this Grant.
•
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as
specified in this section at all times during the term of this Grant.All
policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity"within the meaning of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the
"GIN'), then Grantee shall maintain at all times during the term of this
Grant such liability insurance, by commercial policy or self-insurance, as
is necessary to meet its liabilities under the GIA. Grantee shall show proof
of such insurance satisfactory to the State, if requested by the State.
Grantee shall require each Grant with Subgrantees that are public entities,
providing Goods or Services hereunder, to include the insurance
requirements necessary to meet Subgrantee's liabilities under the GIA.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
H.-Non-Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee
shall obtain and maintain during the term of this Grant insurance coverage
and policies meeting the same requirements set forth in §13(B)with
respect to Subgrantees that are not"public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that
are public entities, providing Goods or Services in connection with this
Grant, to include insurance requirements substantially similar to the
following:
•
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and
Employer's Liability Insurance covering all of Grantee and Subgrantee
employees acting within the course and scope of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form
CG 00 01 10/93 or equivalent, covering premises operations, fire damage,
independent contractors, products and completed operations, blanket
contractual liability, personal injury, and advertising liability with minimum
limits as follows: (a)$ 1,000,000 each occurrence; (b) $1,000,000 general
aggregate; (c) $1,000,000 products and completed operations aggregate;
and (d) $50,000 any one fire. If any aggregate limit is reduced below
$1,000,000 because of claims made or paid, Subgrantee shall immediately
obtain additional insurance to restore the full aggregate limit and furnish
to Grantee a certificate or other document satisfactory to Grantee showing
compliance with this provision.
iii. Automobile Liability
•
Automobile Liability Insurance covering any auto (including owned, hired
and non-owned autos)with a minimum limit of$1,000,000 each accident
combined single limit.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the
Commercial General Liability and Automobile Liability Insurance policies
(leases and construction Grants require additional insured coverage for
completed operations on endorsements CG 2010 11/85, CG 2037, or
equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Sub-grantees shall be primary over any
insurance or self-insurance program carried by Grantee or the State.
•
vi. Cancellation
_ The above insurance policies shall include provisions preventing
cancellation or non-renewal without at least 45 days prior notice to the
Grantee and Grantee shall forward such notice to the State in accordance
with §16 (Notices and Representatives)within seven days of Grantee's
receipt of such notice.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and
maintained by Grantee or its Subgrantees as required herein shall include
clauses stating that each carrier shall waive all rights of recovery, under
subrogation or otherwise, against Grantee or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
• C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance
coverage required hereunder to the State within seven business days of
the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall
deliver to the State or Grantee certificates of insurance evidencing
renewals thereof. In addition, upon request by the State at any other time
during the term of this Grant or any subgrant, Grantee and each
Subgrantee shall, within 10 days of such request, supply to the State
evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
The State will monitor the performance Of the Grantee against goals and
performance standards required herein. The State will provide reasonable
technical assistance to the Grantee concerning project goals, performance
standards and grant requirements; however, substandard performance as
determined by the State will constitute a breach under this Grant.
A.Defined
In addition to any breaches specified in other sections of this Grant,the
failure of either Party to perform any of its material obligations hereunder
in whole or in part or in a timely or satisfactory manner, constitutes a
breach.The institution of proceedings under any bankruptcy, insolvency,
reorganization or similar law, by or against Grantee, or the appointment of
a receiver or similar officer for Grantee or any of its property, which is not
vacated or fully stayed within 20 days after the institution or occurrence
thereof, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the
aggrieved Party to the other Party in the manner provided in §16. If such
breach is not cured within 30 days of receipt of written notice, or if a cure
cannot be completed within 30 days, or if cure of the breach has not begun
within 30 days and pursued with due diligence, the State may exercise any
of the remedies set forth in §15. Notwithstanding anything to the contrary
herein,the State, in its sole discretion, need not provide advance notice or
a cure period and may immediately terminate this Grant in whole or in part
if reasonably necessary to preserve public safety or to prevent immediate
public crisis.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
15. REMEDIES
If Grantee is in breach under any provision of this Grant,the State shall
have all of the remedies listed in this §15 in addition to all other remedies
set forth in other sections of this Grant following the notice and cure
period set forth in §14(B). The State may exercise any or all of the
remedies available to it, in its sole discretion, concurrently or
consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such
diligence as is required to ensure its completion in accordance with the
provisions of this Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions
herein. If Grantee thereafter fails to promptly cure such non-performance
within the cure period, the State, at its option, may terminate this entire
Grant or such part of this Grant as to which there has been delay or a
failure to properly perform. Exercise by the State of this right shall not be
deemed a breach of its obligations hereunder. Grantee shall continue
performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the.extent specified in any termination notice, Grantee shall not incur
further obligations or render further performance hereunder past the
effective date of such notice, and shall terminate outstanding orders and
subcontracts with third parties. However, Grantee shall complete and
deliver to the State all Work, Services and Goods not cancelled by the
termination notice and may incur obligations as are necessary to do so
within this Grant's terms.At the sole discretion of the State, Grantee shall
assign to the State all of Grantee's right, title, and interest under such
terminated orders or subcontracts. Upon termination, Grantee shall take
•
timely, reasonable and necessary action to protect and preserve property
in the possession of Grantee in which the State has an interest.All
materials owned by the State in the possession of Grantee shall revert, at
the option of the State.All Work Product, at the option of the State, shall
be delivered by Grantee to the State and shall become the State's
property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the
date of termination. If, after termination by the State, it is determined that
Grantee was not in breach or that Grantee's action or inaction was
excusable, such termination shall be treated as a termination in the public
interest and the rights and obligations of the Parties shall be the same as
if this Grant had been terminated in the public interest, as described
herein.
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Applicant: Eagle County Sheriffs Office 0 70607262
Project:Victim Services Unit of Eagle County Sheriff's Office 2014-VA-14-003124-05
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall
remain liable to the State for any damages sustained by the State by virtue
of any breach under this Grant by Grantee and the State may withhold any
payment to Grantee for the purpose of mitigating the State's damages,
until such time as the exact amount of damages due to the State from
Grantee is determined. The State may withhold any amount that may be
due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien
holders, or to reimburse the State for the excess costs incurred in
procuring similar goods or services. Grantee shall be liable for excess
costs incurred by the State in procuring from third parties replacement
Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the
• public policy of the State of Colorado, as determined by its Governor,
• General Assembly, and/or Courts. If this Grant ceases to further the public
policy of the State,the State, in its sole discretion, may terminate this
Grant in whole or in part. Exercise by the State of this right shall not •
constitute a breach of the State's obligations hereunder. This subsection
shall not apply to a termination of this Grant by the State for cause or
breach by Grantee, which shall be governed by§15(A) or as otherwise
specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16.
The notice shall specify the effective date of the termination and whether it
affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and
comply with the same obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee
shall be paid an amount which bears the same ratio to the total
reimbursement under this Grant as the Services satisfactorily performed
bear to the total Services covered by this Grant, less payments previously
made. Additionally, if this Grant is less than 60% completed, the State may
reimburse Grantee for a portion of actual out-of-pocket expenses (not
otherwise reimbursed under this Grant) incurred by Grantee which are
directly attributable to the uncompleted portion of Grantee's obligations
hereunder; provided that the sum of any and all reimbursement shall not
exceed the maximum amount payable to Grantee hereunder.
C: Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following
remedies in addition to other remedies available to it:
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this
Grant pending necessary corrective action as specified by the State
without entitling Grantee to an adjustment in price/cost or performance
schedule. Grantee shall promptly cease performance and incurring costs
in accordance with the State's directive and the State shall not be liable for
costs incurred by Grantee after the suspension of performance under this
provision.
ii.Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance
are satisfactorily made and completed. The State may withhold payment in
the event the Grantee fails to comply with conditions and certifications
contained in this grant award.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's
•
actions or inactions, cannot be performed or, if performed, would be of no
value to the State; provided, that any denial of payment shall be
reasonably related to the value to the State of the obligations not
performed.
iv. Removal
Demand removal of any of Grantee's employees, agents, or Subgrantees
whom the State deems incompetent, careless, insubordinate, unsuitable,
or otherwise unacceptable, or whose continued relation to this Grant is
deemed to be contrary to the public interest or not in the State's best
interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other
intellectual property right while performing its obligations under this
Grant, Grantee shall, at the State's option (a) obtain for the State or
• Grantee the right to use such products and services; (b) replace any
Goods, Services, or other product involved with non-infringing products
or modify them so that they become non-infringing; or, (c) if neither of the
foregoing alternatives are reasonably available, remove any infringing
Goods, Services, or products and refund the price paid therefore to the
State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the
designating Party. All notices required to be given hereunder shall be
hand delivered with receipt required or sent by certified or registered mail
to such Party's principal representative at the address set forth below. In
addition to, but not in lieu of.a hard-copy notice, notice also may be sent
by e-mail to the e-mail addresses, if any, set forth below. Either Party may
from time to time designate by written notice substitute addresses or.
persons to whom such notices shall be sent. Unless otherwise provided
herein, all notices shall be effective upon receipt.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
A. State:
Jeanne M. Smith, Director
Division of Criminal Justice
Department of Public Safety
700 Kipling Street
Denver, Colorado 80215-5897
jeanne.smith@state.co.us
•
(303) 239-4451
B. Grantee:
Jill Ryan, Eagle County Commissioners Chairperson
Board of County Commissioners for Eagle County
•
P.O. Box 850
Eagle, CO 81631-0359
jill.ryan @eaglecounty.us
970-328-8605
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or
other documents, drawings, models, materials, or Work Product of any
type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the non-exclusive property of the
State and, all Work Product shall be delivered to the State by Grantee upon
completion or termination hereof. The State's exclusive rights in such
Work Product shall include, but not be limited to, the right to copy,
publish, display, transfer, and prepare derivative works. The exception is
Work Products that contain criminal justice records where each individual
unit or agency will be subject to the rules and regulations.
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
The Grantee assures that where activities supported by this Grant produce
any discovery or invention, original computer programs;writing, sound
recordings, pictorial reproductions, drawing or other graphical
representation and works of any similar nature, the following requirements
apply:
i. The Division of Criminal Justice has the right to use, duplicate and
disclose, the above material in whole or in part in any manner for any
purpose whatsoever and authorize others to do so.
ii. If the material or invention is copyrightable, the Grantee may copyright
such, but the Division of Criminal Justice reserves a perpetual, royalty-
free, non-exclusive and irreversible license to practice, reproduce, publish
and use such materials in whole or in part, and authorize others to do so.
iii. When issuing statements, press releases, requests for proposals, bid
solicitations, and other published documents describing projects or
programs funded in whole or in part with these grant funds, all Grantees
must clearly:
a) State the percentage of the total cost of the program or project, which
will be financed with this grant money;
b) State the dollar amount of state or federal funds for the project or
program;
c) Use the phrase-"This project was supported by federal grant#2014-VA-
GX-0002, issued by the Colorado Division of Criminal Justice."
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall
constitute a waiver, express or implied, of any of the immunities, rights,
benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for
injuries to persons or property arising from the negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials, and
employees is controlled and limited by the provisions of the Governmental
Immunity Act and the risk management statutes, CRS §24-30-1501, et seq.,
as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or
greater, either on the Effective Date or at any time thereafter,this §19
applies:
Grantee agrees to be governed, and to abide, by the provisions of CRS
§24-102-205, §24-102-206,§24-103-601,.§24-103.5-101 and §24-105-102
concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in the statewide Contract
Management System (CMS).
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Applicant: Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Grantee's performance shall be subject to Evaluation and Review in
accordance with the terms and conditions of this Grant, State law,
including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of Grantee's performance shall be part
of the normal Grant administration process and Grantee's performance
will be systematically recorded in the statewide Contract Management
System.Areas of Evaluation and Review shall include, but shall not be
limited to quality, cost and timeliness. Collection of information relevant to
the performance of Grantee's obligations under this Grant shall be
determined by the specific requirements of such obligations and shall
include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the
statewide Contract.Management System at intervals established herein
and a final Evaluation, Review and Rating shall be rendered within 30 days
of the end of the Grant term. Grantee shall be notified following each
performance Evaluation and Review, and shall address or correct any
identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that
Grantee demonstrated a gross failure to meet the performance measures
established hereunder, the Executive Director of the Colorado Department
of Personnel and Administration (Executive Director), upon request by the
Department of Public Safety, and showing of good cause, may debar
Grantee and prohibit Grantee from bidding on future Grants. Grantee may
contest the final Evaluation, Review and Rating by: (a)filing rebuttal
statements, which may result in either removal or correction of the
evaluation (CRS §24-105-102(6)), or(b) under CRS §24-105-102(6),
exercising the debarment protest and appeal rights provided in CRS§§24-
109-106, 107, 201 or 202, which may result in the reversal of the debarment
and reinstatement of Grantee, by the Executive Director, upon showing of
good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be
transferred, assigned or subgranted without the prior, written consent of
the State.Any attempt at assignment, transfer, subgranting without such
consent shall be void.All assignments, subgrants, or Subgrantees
approved by Grantee or.the State are subject to all of the provisions
hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained,
including the benefits and burdens, shall extend to and be binding upon
the Parties' respective heirs, legal representatives, successors, and
assigns.
C. Captions
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriff's Office 2014-VA 714-003124-05
The captions and headings in this Grant are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all
of which shall constitute one agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings
between the Parties and all prior representations and understandings, oral
or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect
whatsoever, unless embodied herein.
.F. Indemnification-General
To the extent permitted by law, Grantee shall indemnify, save, and hold
harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and
attorney fees and related costs, incurred as a result of any act or omission
by Grantee, or its employees, agents, Subgrantees, or assignees pursuant
to the terms of this Grant Agreement; however, the provisions hereof shall
not be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protection, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the
Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or
hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the
State of Colorado and exclusive venue shall be in the City and.County of
Denver.
H. Modification
i.By the Parties
Except as specifically provided in this Grant, modifications of this Grant
shall not be effective unless agreed to in writing by the Parties in an
amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law, State Fiscal Rules, and Office of the
State Controller Policies, including, but not limited to,the policy entitled
MODIFICATIONS OF CONTRACTS -TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by
changes in Federal or Colorado State law, or their implementing
regulations.Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such
change, as if fully set forth herein.
I. Order of Precedence
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Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office. 2014-VA-14-003124-05
The provisions of this Grant shall govern the relationship of the Parties. In
the event of conflicts or inconsistencies between this Grant and its
exhibits and attachments including, but not limited to, those provided by
Grantee, such conflicts or inconsistencies shall be resolved by reference
to the documents in the following order of priority:
i. State of Colorado Supplemental Provisions for FFATA;
ii. Colorado State Special Provisions;
iii. The provisions of the main body of this Grant;
iv. Additional Federal Certified Assurances;
v.Additional Grant Requirements;
vi. Exhibit A—Special Conditions;
vii. vii.Any executed Option Letter; and/or any Grant Funding Change
Letter; and/or any executed Contract Amendment in which the most recent
dated document takes precedence over the prior documents;
viii. Exhibits B1 through B3— Body of Application, Goals and Objectives,
and Budget and Budget Narrative.
J. Severability
Provided this Grant can be executed and performance of the obligations of
the Parties accomplished within its intent, the provisions hereof are
severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other
provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant
requiring continued performance, compliance, or effect after termination
hereof,shall survive such termination and shall be enforceable by the
State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32
(No. 84-730123K) and from all State and local government sales and use
taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply
when materials are purchased or services rendered.to benefit the State;
provided however, that certain political subdivisions (e.g., City of Denver)
may require payment of sales or use taxes even though the product or
service is provided to the State. Grantee shall be solely liable for paying
such taxes as the State is prohibited from paying for or reimbursing
Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are
reserved solely to the Parties, and not to any third party. Any services or
benefits which third parties receive as a result of this Grant are incidental
to the Grant, and do not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or
any right or remedy hereunder, whether explicitly or by lack of
enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other
term, provision, or requirement.
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Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
O. CORA Disclosure
To the extent not prohibited by federal law,this Grant and the performance
measures and standards under CRS §24-103.5-101, if any, are subject to
public release through the Colorado Open Records Act, CRS §24-72-101,
et seq.
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Project:Victim Services Unit of Eagle County Sheriff's Office 70607205
2014-VA-14-003124-05
21. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in
[brackets].
A. CONTROLLER'S APPROVAL. CRS §24=30-202 (1).
This Grant shall not be deemed valid until it has been approved by the
Colorado State Controller or designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
C. GOVERNMENTAL IMMUNITY
No term or condition of this Grant shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits,
protections, or Other provisions, of the Colorado Governmental Immunity
Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Grantee nor any agent or employee of
Grantee shall be deemed to be an agent or employee of the State. Grantee
and its employees and agents are not entitled to unemployment insurance
or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its
agents or employees. Unemployment insurance benefits will be available
to Grantee and its employees and agents only if such coverage is made
available by Grantee or a third party. Grantee shall pay when due all
applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Grant. Grantee shall not have authorization,
express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee shall (a)
provide and keep in force workers'compensation and unemployment,
compensation insurance in the amounts required by law, (b) provide proof
thereof when requested by the State, and (c) be solely responsible for its
acts and those of its employees and agents.
•
E. COMPLIANCE WITH LAW
Grantee shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without•
limitation, laws applicable to discrimination and unfair employment
practices.
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Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
F. CHOICE OF LAW
Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this grant.Any
provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any
other Special Provision in whole or in part shall not be valid or enforceable
• or available in any action at law, whether by way of complaint, defense, or
otherwise.Any provision rendered null and void by the operation of this
provision shall not invalidate the remainder of this Grant, to the extent
capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this contact or
incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D
002 00.
State or other public funds payable under this Grant shall not be used for
the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Grant
and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the
State determines that Grantee is in violation of this provision, the State
may exercise any remedy available at law or in equity or under this Grant,
including, without limitation, immediate termination of this Grant and any
remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. EMPLOYEE FINANCIAL INTEREST. CRS§§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has
any personal or beneficial interest whatsoever in the service or property
described in this Grant. Grantee has no interest and shall not acquire any
interest, direct or indirect, that would conflict in any manner or degree with
the performance of Grantee's services and Grantee shall not employ any
person having such known interests.
J.VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not Applicable to intergovernmental agreements] Subject to CRS §24-30-
202.4 (3.5),the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a)
unpaid child support debts or child support arrearages; (b) unpaid
balances of tax, accrued interest, or other charges specified in CRS §39-
21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e) other unpaid debts owing to
the State as a result of final agency determination or judicial action.
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Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
[Not Applicable to Agreements relating to the offer, issuance, or sale of
securities, investment advisory services or fund management services,
sponsored projects, intergovernmental Agreements, or information
technology services or products and services] Grantee certifies, warrants,
and agrees that it does not knowingly employ or Grant with an illegal alien
who shall perform work under this Grant and shall confirm the
employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant,
through participation in the E-Verify Program or the State program
established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not
knowingly employ or Grant with an illegal alien to perform work under this
Grant or enter into a Grant with a Sub-grantee that fails to certify to
Grantee that the Sub-grantee shall not knowingly employ or Grant with an
illegal alien to perform work under this Grant.
Grantee (a) shall not use E-Verify Program or State program procedures to
undertake pre-employment screening of job applicants while this Grant is
being performed, (b) shall notify the Sub-grantee and the Granting State
agency within three days if Grantee has actual knowledge that a Sub-
grantee is employing or Granting with an illegal alien for work under this '
Grant, (c)shall terminate the Subgrant if a Subgrantee does not stop
employing or Granting with the illegal alien within three days of receiving
the notice, and (d) shall comply with reasonable requests made in the
course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by
the Colorado Department of Labor and Employment. If Grantee
participates in the State program, Grantee shall deliver to the Granting
State agency, Institution of Higher Education or political subdivision, a
written,notarized affirmation, affirming that Grantee has examined the
legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Grantee fails to comply with any
requirement of this provision or CRS §8-17.5-101 et seq.;the Granting
State agency, institution of higher education or political subdivision may
terminate this Grant for breach and, if so terminated, Grantee shall be
liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, if a natural person eighteen (18) years of age or older, hereby
swears and affirms under penalty of perjury that he or she (a) is a citizen
or otherwise lawfully present in the United States pursuant to federal law,
(b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c)
has produced one form of identification required by CRS §24-76.5-103
prior to the effective date of this Grant.
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Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
22. FEDERAL CERTIFIED ASSURANCES
A. FEDERAL PUBLIC POLICY ASSURANCES
i. The Grantee hereby agrees that it will comply, and all of its Subgrantees
•
will comply with the applicable provisions of:
a. Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended;
b. The Juvenile Justice and Delinquency Prevention Act and/or the Victims
of Crime Act, as appropriate;
c. All other applicable Federal laws, orders, circulars, regulations or
guidelines.
ii. The Grantee hereby agrees that it will comply, and all of its Subgrantees
will comply with the provisions of 28 CFR applicable to grants and
cooperative agreements including:
a. Part 18, Administrative Review Procedure;
b. Part 22,.Confidentiality of Identifiable Research and Statistical
Information;
c. Part 23, Criminal Intelligence Systems Operating Policies;
d. Part 30, Intergovernmental Review of Department of Justice Programs
and Activities;
e. Part 35, Nondiscrimination on the Basis of Disability in State and Local
Government Services;
f. Part, 38, Equal Treatment for Faith Based Organizations;
g. Part 42 Nondiscrimination/Equal Employment Opportunity Policies and
Procedure;
h. Part 61 Procedures of Implementing the National Environmental Policy
Act;
i. Part 63 Floodplain Management and Wetland Protection Procedures;
and,
j. Federal Laws or regulations applicable to Federal Assistance Programs.
iii. Grantee agrees to comply with the requirements of 28 C. F. R. Part 46
and all Department of Justice Programs policies and procedures regarding
the protection of human research subjects, including obtainment of
Institutional Review Board approval, if appropriate, and subject informed
consent.
B. FINANCIAL&ADMINISTRATIVE MANAGEMENT
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Applicant: Eagle County Sheriffs Office 70607262
•Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
i. Grantee assures that it will comply with appropriate federal cost
principles and administrative requirements applicable to grants as follows:
a. For state, local or Indian tribal government entities;
(1) 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)
(2) OMB Circular A-102, Common Rule-Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments
(3) 28 CFR 66, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments •
b. For non-profit organizations;
(1) 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly
known as OMB Circular A-122)
(2) 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)
(3) 28 CFR 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements with Institutions of Higher Education, Hospitals,
and other Non-Profit Organizations
c. For colleges and universities;
(1) 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)
(2) 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)
(3) 28 CFR 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements with Institutions of Higher Education, Hospitals,
and other Non-Profit Organizations
d. For each agency spending more than $500,000 per year in federal funds
from all sources;
(1) OMB Circular A-133, Audits of States, Local Governments and
Nonprofit Organizations
ii. The Grantee 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
Grantee is ultimately responsible for compliance with applicable state and
federal laws, rules and regulations.).
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Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
C. NON-SUPPLANTING OF FUNDS
i. The Grantee certifies that any required matching funds used to pay the
non-federal portion of the cost of this grant award are in addition to funds
that would have otherwise been made available for the purposes of this _
project.
ii. The Grantee certifies that federal funds made available under this grant:
•
a. Will not be used to supplant state or local funds.
b. Where there is a reduced or unchanged local investment, then the
Grantee shall give a written explanation demonstrating that the Grantee's
reduced or unchanged commitment would have been necessitated even if
federal financial support under this federal grant program had not been
made available.
•
D. PROHIBITIONS ON LOBBYING WITH FEDERAL FUNDS (Grantees
receiving $100,000 or more in total federal funds per year. See 28 CFR
Part 69.)
The Grantee certifies, by accepting this grant award, that:
i. No federal funds received through this grant award will be paid to any
person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the making of
any federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
federal grant or cooperative agreement; and,
ii. If any funds other than funds through this grant award will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a.member of Congress in connection with
•
this grant award,the Grantee shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities".
E. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION (Grantees receiving
$100,000 or more in total federal funds per year. See, 28 CFR Part 67.)
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Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
The Grantee certifies, by accepting this grant award, that neither it nor its
principals, Subgrantees or suppliers:
i.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;
ii. 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;
iii. 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;
iv. 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
v. Where the Grantee is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this award.
F. CERTIFICATION REGARDING DRUG FREE WORKPLACE (See, 28
CFR Part 67, Subpart F.)
The Grantee certifies, by accepting this grant award, that it will comply
with the Drug Free Workplace Act of 1988, as implemented at 28 CFR Part
67, Subpart F.
G. CIVIL RIGHTS COMPLIANCE (See, 28 CFR Part 42.)
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Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
I. Upon award, each Grantee 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:
a. The Project Director must submit the form to the Grantee Agency's
• Authorized Official for this grant;
b. The Authorized Official must review the form in conjunction with
Grantee personnel responsible for reporting civil rights findings of
discrimination;
c. The Authorized Official must accurately complete the required
information and provide all information requested;
d. The Authorized Official must provide an original signature on the form
as indicated; and,
e. The DCJ 30 Form with original signature must be returned to DCJ with
the Grant Agreement or Interagency Agreement.
H. Any Grantee findings of discrimination must be reported to DCJ 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.
iii. The project director must view an applicable Civil Rights training as
provided on the DCJ website and acknowledge by providing an original
signature that the project's staff will be made aware of all obligations
regarding Civil Rights compliance.
H. 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. •
I. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)AND NATIONAL
HISTORIC PRESERVATION ACT (NHPA) COMPLIANCE (42 USC §§4321-
4370 and 16 USC §470)
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20'I 4-VA-14-003124-05
i. The Grantee 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 Grantee
or by a Subgrantee.As long as the activity needs to be undertaken in
order to use these grant funds, this 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 condition are:
ii. New construction;
iii. 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;
iv. 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.
v. 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.
J. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT •
(This provision applies only to entities that provide medical care and
treatment)
The Grantee acknowledges that it is a covered health care provider under
the Health Insurance Portability and Accountability Act, 42 U.S.C. 1320d-
1320d-8, and its implementing regulations and agrees to comply with the
requirements of HIPAA concerning any uses and disclosures of protected
health information.
K. Uniform Relocation Assistance and Real Property Acquisitions Act
of 1970 (Government Entities Only)
The Grantee certifies, by accepting this grant award, 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.
L. Political Activity of Certain State and Local Employees.(5 U.S.C. §§
1501-08 and §§ 7324-28—applies to Government Entities Only)
The Grantee certifies, by accepting this grant award, 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.
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Applicant: Eagle County Sheriffs Office
Project:Victim Services Unit of Eagle County Sheriff's Office 70607205
2014-VA-14-003124-05
M. REPORTING FRAUD, WASTE, ERROR AND ABUSE
Each Grantee must promptly refer to the Department of Justice, Office of
the Inspector General any credible evidence that a principal, employee,
agent, contractor, Grantee, Subgrantee, 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: oig.hotline @usdoj.gov;
c) hotline: (contact information in English and Spanish): (800) 869-4499; or
d) hotline fax: (202) 616-9881.
23. ADDITIONAL GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as
follows:
A. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
I.The Grantee assures that fund accounting, auditing, monitoring,
evaluation procedures and such records as necessary will be maintained
to assure adequate internal fiscal controls, proper financial management,
efficient disbursement of funds received, and maintenance of required
source documentation for all costs incurred. These principles must be
applied for all costs incurred whether charged on a direct or indirect basis.
ii. All expenditures must be supported by appropriate source
documentation. Only actual, approved, allowable expenditures will be
permitted.
iii. The Grantee assures that it will comply with the provisions of the
current applicable Administrative Guide and Instructions for Federal Office
of Justice Program Grants from the Division of Criminal Justice which is
hereby incorporated by reference. However, such a guide cannot cover
every foreseeable contingency, and the Grantee is ultimately responsible
for compliance with applicable state and federal laws, rules and
regulations.
B. PROCUREMENT AND CONTRACTS
i. Grantee assures that open, competitive procurement procedures will be
followed for all purchases under the grant. All contracts for professional
services, of any amount, and equipment purchases over five thousand
dollars (per item,with a useful life of at least one year) must receive prior
approval by the Division of Criminal Justice. Grantee shall submit Exhibit
I -Sample Professional Services/Consultant Prior Approval Form and/or
Exhibit J -Sample Equipment Prior Approval and Retention Form.
ii. Grantee may not assign its rights or duties under this grant without the
prior written consent of the Division of Criminal Justice.
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2014-VA-14-003124-03124-05
24. STATE OF COLORADO SUPPLEMENTAL PROVISIONS FOR
FEDERALLY FUNDED CONTRACTS, GRANTS, AND PURCHASE ORDERS
SUBJECT TO THE FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006 (FFATA),AS AMENDED
REVISED AS OF 3-20-13
The contract, grant, or purchase order to which these Supplemental
Provisions are attached has been funded, in whole or in part, with an
Award of Federal funds. In the event of a conflict between the provisions
of these Supplemental Provisions, the Special Provisions, the contract or
any attachments or exhibits incorporated into and made a part of the
contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the
following terms shall have the meanings ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non-
Federal Entity receives or administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research
and development agreements (CRDA) pursuant to the Federal Technology
Transfer Act of 1986, as amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees; .
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10.Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the
expenditure of Federal funds by non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of
money; even if the award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as
defined in section 1512 of the American Recovery and Reinvestment Act
(ARRA) of 2009 (Public Law 111-5).
1.2. "Contract" means the contract to which these Supplemental
Provisions are attached and includes all Award types in §1.1.1 through
1.1.11 above.
1.3. "Contractor" means the party or parties to a Contract funded, in whole
or in part, with Federal financial assistance, other than the Prime
Recipient, and includes Grantees, Sub-grantees; Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
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1.4. "Data Universal Numbering System (DUNS) Number" means the nine-
digit number established and assigned by Dun and Bradstreet, Inc. to
uniquely identify a business entity. Dun and Bradstreet's website may be
•
found at: http://fedgov.dnb.com/webform.
1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart
C;
1.5.1.A governmental organization, which is a State, local government, or
Indian Tribe;
1.5.2.A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
1.5.4. A domestic or foreign for-profit organization; and
1.5.5.A Federal agency, but only a Subrecipient under an Award or
Subaward to a non-Federal entity.
1.6. "Executive" means an officer, managing partner or any other
employee in a management position.
1.7. "Federal Award Identification Number(FAIN)" means an Award
number assigned by a Federal agency to a Prime Recipient.
1.8. "FFATA" means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by§6202 of Public Law 110-
252. FFATA, as amended, also is referred to as the "Transparency Act."
1.9. "Prime Recipient" means a Colorado State agency or institution of
higher education that receives an Award.
1.10. "Subaward" means a legal instrument pursuant to which a Prime
Recipient of Award funds awards all or a portion of such funds to a
Subrecipient, in exchange for the Subrecipient's support in the
performance of all or any portion of the substantive project or program for
which the Award was granted.
1.11. "Subrecipient" means a non-Federal Entity (or a Federal agency
under an Award or Subaward to a non-Federal Entity) receiving Federal
funds through a Prime Recipient to support the performance of the Federal
project or program for which the Federal funds were awarded. A
Subrecipient is subject to the terms and conditions of the Federal Award
to the Prime Recipient, including program compliance requirements. The
term "Subrecipient" includes and may be referred to as a Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent
organization's 9-digit Data Universal Numbering System (DUNS) number
.that appears in the subrecipient's System for Award Management (SAM)
profile, if applicable.
1.13. "Supplemental Provisions" means these Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders subject to the
Federal Funding Accountability and Transparency Act of 2006, As
Amended, as may be revised pursuant to ongoing guidance from the
relevant Federal or State of Colorado agency or institution of higher
education.
1.14. "System for Award Management (SAM)" means the Federal
repository into which an Entity must enter the information required under
the Transparency Act, which may be found at http:www.sam.gov.
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2014-VA-14-003124-05
1.15. "Total Compensation" means the cash and noncash dollar value
earned by an Executive during the Prime Recipient's or Subrecipient's
preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights,
using the dollar amount recognized for financial statement reporting
purposes with respect to the fiscal year in accordance with the Statement
of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R),
Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not
including group life, health, hospitalization or medical reimbursement
plans that do not discriminate in favor of Executives and are available
generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension
plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-
qualified;
1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g.severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property)for the
Executive exceeds $10,000.
1.16. "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by§6202 of
Public Law 110-252. The Transparency Act also is referred to as FFATA.
1.17 "Vendor" means a dealer, distributor, merchant or other seller
providing property or services required for a project or program funded by
an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of
the Transparency Act and the regulations issued pursuant thereto,
including but not limited to these Supplemental Provisions. Any revisions
to such provisions or regulations shall automatically become a part of
these Supplemental Provisions,without the necessity of either party
executing any further instrument. The State of Colorado may provide
written notification to Contractor of such revisions, but such notice shall
not be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering
System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in the
SAM until the Contractor submits the final financial report required under
the Award or receives final payment, whichever is later. Contractor shall
review and update the SAM information at least annually after the initial
registration, and more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime
Recipient, and shall update Contractor's information in Dun & Bradstreet,
Inc. at least annually after the initial registration, and more frequently if
required by changes in Contractor's information.
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Project:Victim Services Unit of Eagle County Sheriffs Office 70607262
2014-VA-14003124-05
4. Total Compensation. Contractor shall include Total Compensation in
SAM for each of its five most highly compensated Executives for the
preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is
$25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act; and
•
4.3. The public does not have access to information about the
compensation of such Executives through periodic reports filed under
. section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or§ 6104 of the Internal Revenue Code of 1986.
5. Reporting.
Contractor shall report data elements to SAM and to the Prime Recipient
as required in §7 below if Contractor is a Subrecipient for the Award
pursuant to the Transparency Act. No direct payment shall be made to
Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the
Contract price. The reporting requirements in §7 below are based on
guidance from the US Office of Management and Budget(OMB), and as
such are subject to change at any time by OMB.Any such changes shall-
.
be automatically incorporated into this Contract and shall become part of
Contractor's obligations under this Contract, as provided in §2 above. The
Colorado Office of the State Controller will provide summaries of revised
OMB reporting requirements at
http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
•
6. Effective Date and.Dollar Threshold for Reporting.
The effective date of these supplemental provisions apply to new Awards
as of October 1, 2010. Reporting requirements in §7 below apply to new
Awards as of October 1, 2010, if the initial award is$25,000 or more. If the
initial Award is below$25,000 but subsequent Award modifications result
in a total Award of$25,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $25,000. If the initial Award
is $25,000 or more, but funding is subsequently de-obligated such that the
total award amount falls below$25,000, the Award shall continue to be
subject to the reporting requirements. •
Generate Award Documents I Page 39 I 11/03/2014 J
Applicant: Eagle County Sheriffs Office
Project: Victim Services Unit of Eagle County Sheriffs Office 70607262
2014-VA-14-003124-05
7. Subrecipient Reporting Requirements.
If Contractor is a Subrecipient, Contractor shall report as set forth below.
7.1 To SAM.A Subrecipient shall register in SAM and report the following
data elements in SAM for each Federal Award Identification Number no
later than the end of the month following the month in which the Subaward
was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds
transfer(EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State,
Country, Zip+4, and Congressional District; •
7.1.5 Subrecipient's top 5 most highly compensated Executives if the
criteria in §4 above are met; and.
7.1.6 Subrecipient's Total Compensation of top 5 most highly
compensated Executives if criteria in §4 above met.
7.2 To Prime Recipient.A Subrecipient shall report to its Prime Recipient,
upon the effective date of the Contract, the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address,
City, State, Country,Zip code +4, and Congressional District.
8. Exemptions. •
8.1. These Supplemental Provisions do not apply to an individual who
receives an Award as a natural person, unrelated to any business or non-
profit organization he or she may own or operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000
in the previous tax year is exempt from the requirements to report
Subawards and the Total Compensation of its most highly compensated
Executives.
8.3 Effective October 1, 2010, "Award" currently means a grant,
cooperative agreement, or other arrangement as defined in Section 1.1 of
these Special Provisions. On future dates "Award" may include other
items to be specified by OMB in policy memoranda available at the OMB
Web site; Award also will include other types of Awards subject to the
Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default.
Failure to comply with these Supplemental Provisions shall constitute an
event of default under the Contract and the State of Colorado may
terminate the Contract upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30 day
notice period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Contract, at law or in equity.
Generate Award Documents I Page 40
11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
25. SIGNATURE PAGE
Routing#:
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are
authorized to act on Grantee's behalf and acknowledge that the State is
relying on their representations to that effect.
-i. EE
Agency or Organi ou t, • • -gle
By: Jill Ryan, Ea: • ,,,'ty,,, �,,i, ssioners Chairpers k Li,
Signature: �',/.L. AM Date: iI
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
Jeanne Smith, Dire
By: ze, !�„ Date: /�/87/
J eM. mih, Di �' /
• natory avers to the State Controller or delegate that Grantee has not
begun performance or that a Statutory Violation waiver has been
requested under Fiscal Rules
LEGAL REVIEW
John W.Suthers, Attorney General
See Contracting Routing Waiver#:
By: 0 Date:
Signature: Ass tant Attorney General
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires that the State Controller approve all state grants.
This grant award is not valid until signed and dated below by the State
Controller or delegate. If performance begins prior to the date below, the
State of Colorado may not be obligated to pay for the goods and/or
services provided.
STATE CONTROLLER
Robert Jaros, PA, BA, J `
By: .�.L u.r.: . Date: 3611¢
Department of Pu f lic Safety, Cindy Fredriksen, MBA, Procurement
Director
Generate Award Documents Page 41 11/03/2014
Applicant: Eagle County Sheriffs Office
Project: Victim Services Unit of Eagle County Sheriffs Office 7060726
2014-VA-14-003124-05
EXHIBIT A - SPECIAL CONDITIONS
1. REDUCING TEXT MESSAGING WHILE DRIVING
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving", 74 Fed. Reg. 51225 (October 1, 2009), along
with the federal Office for Victims of Crime and the federal Office on
Violence Against Women, the Division of Criminal Justice encourages the
Grantee Agency to adopt and enforce policies banning employees from
• text messaging while driving any vehicle during the course of performing
work funded by this grant, and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes
caused by distracted drivers.
2. ACORN
The Grantee Agency understands and agrees that it cannot use any
federal funds, either directly or indirectly, in support of any contract or
subaward to either the Association of Community Organizations for
Reform Now(ACORN) or its subsidiaries,without the express prior written
approval of the federal awarding agency.
3. FUTURE FUNDING
The capacity for VOCA, S.T.O.P. VAWA, and/or Sexual Assault Services
Program (SASP)formula grant funds to provide future continuation dollars
for projects is undetermined at this time. Grantee Agencies are advised to
seek other funding sources, especially for personnel dollars.
4. Grantee Agency shall notify the Office for Victims Programs (OVP) if the
agency has obtained funding for a specific (OVP) funded position that
totals more than 100% of the cost for that position. The agency must
resolve the allocation of funds to the satisfaction of the Division of
Criminal Justice.
5. Grantee Agency must notify the Office for Victims Programs (OVP)
immediately in writing, via email, regular mail or COGMS, as appropriate,
of:
-any OVP grant funded personnel changes; •
-any OVP grant funded position that is vacant for 45 days;
-any change of an Official and/or employee who is listed as responsible
party on this OVP grant funded project.
Generate Award Documents Page 42
11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
6. STATE CONFIDENTIALITY OF VICTIMS INFORMATION
The Grantee Agency certifies that the signing authorities, all staff and
volunteers assigned to the project have read and-understand, state laws
and applicable rules of professional conduct related to issues of
confidentiality and privilege, particularly with respect to releasing
identifying information about victims of crime, include, but not limited to,
those found in C.R.S. §13-90-107.
7. COLORADO VICTIM RIGHTS ACT(Applies to Government Agencies
only)
• . The Grantee Agency assures that the application signatories, all staff and
all volunteers assigned to the funded project have read and understand
the rights afforded to crime victims pursuant to §24-4.1-302.5 C.R.S., and
the services delineated pursuant to §24-4.1-303 and 24-4.1-304 C.R.S.,
commonly known as the Victim Rights Act,and enabling legislation.
GRANTEE ORGANIZATION ELIGIBILITY REQUIREMENTS
The Grantee Organization will comply with the conditions of Victims of
Crime Act(VOCA) of 1984 section 1404 (b)(1) codified at 42 U.S.C.
10603(b). VOCA establishes eligibility criteria that must be met by all
organizations that receive VOCA funds. These funds are to•be awarded to
grantees only for providing services to victims of crime through their staff.
Each grantee organization shall meet the following requirements:
1. PUBLIC OR NONPROFIT ORGANIZATION
To be eligible to receive VOCA funds, organizations must be operated by a
public or nonprofit organization, or a combination of such organizations,
and provide services to crime victims.
2. RECORD OF EFFECTIVE SERVICES
. Demonstrate a record of providing effective services to crime victims.
This includes having the support and approval of its services by the
community, a history of providing direct services in a cost-effective
manner, and financial support from other sources.
3. NEW PROGRAMS
Those programs that have not yet demonstrated a record of providing
services may be eligible to receive VOCA funding, if they can demonstrate
that 25-50 percent of their financial support comes from non-federal
sources. It is important that organizations have a variety of funding •
sources besides federal funding in order to ensure their financial stability.
States are responsible for establishing the base level of non-federal
support required within the 25-50 percent range.
Generate Award Documents Page 43 11/03/2014
Applicant:Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office
2014-VA-14-003124-05
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:
i. Native American Tribes/Organizations Located on Reservations. The
match for new or existing VOCA subrecipients that are Native American
tribes/organizations located on reservations is 5% (cash or in-kind) of the
total VOCA project. For the purpose of this grant, a Native American
tribe/organization is defined as any tribe, band, nation, or other organized
group or community which is recognized as eligible for the special
programs and services provided by the U.S. to Native Americans because
of their status as Native Americans. A reservation is defined as a tract of
land set aside for use of, and occupancy by, Native Americans.
ii. The U.S. Virgin Islands, and all other territories and possessions of the
U.S., except Puerto Rico, are not required to match VOCA funds. See 48
U.S.C. 1469a(d).
iii. OVC may waive the match requirement if extraordinary is
documented by State VOCA administrators.
Generate Award Documents I Page 44 11/03/2014
•
Applicant: Eagle County Sheriffs Office
Project: Victim Services Unit of Eagle County Sheriffs Office 70607265
2014-VA-14-003124-05
5. VOLUNTEERS
The Grantee Agency must use volunteers unless the state grantee
determines there is a compelling reason to waive this requirement. A
"compelling reason" may be a statutory or contractual provision
concerning liability or confidentiality of counselor/victim information,
which bars using volunteers for certain positions, or the inability to recruit
and maintain volunteers after a sustained and aggressive effort.
6. PROMOTE COMMUNITY EFFORTS TO AID CRIME VICTIMS
Promote, within the community, coordinated public and private efforts to
aid crime victims. Coordination may include, but is not limited to, serving
on state, federal, local, or Native American task forces, commissions,
working groups, coalitions, and/or multi-disciplinary teams. Coordination
efforts also include developing written agreements that contribute to
better and more comprehensive services to crime victims. Coordination
efforts qualify an organization to receive VOCA victim assistance funds,
but are not activities that can be supported with VOCA funds.
7. HELP VICTIMS APPLY FOR COMPENSATION BENEFITS
Such assistance may include identifying and notifying crime victims of the
availability of compensation, assisting them with application forms and
procedures, obtaining necessary documentation, and/or checking on
claim status.
. 8. COMPLY WITH FEDERAL RULES REGULATING GRANTS
The Grantee Agency must comply with the applicable provisions of VOCA,
the Program Guidelines, and the requirements of the 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 inappropriate or
offensive to the crime victim.
Generate Award Documents Page 45 I 11/03/2014
1
•
Applicant: Eagle County Sheriff's Office
Project:Victim Services Unit of Eagle County Sheriffs Office 706072
2014-VA-14-003124-005
5
10. COMPLY WITH STATE CRITERIA
The Grantee Agency must abide by any additional eligibility or service
criteria as established by the state grantee including submitting statistical
and programmatic information on the use and impact of VOCA funds, as
requested by the State grantee.
11. SERVICES TO VICTIMS OF FEDERAL CRIMES
The Grantee Agency must provide services to victims of federal crimes on
the same basis as victims of state/local crimes.
12. NO CHARGE TO VICTIMS FOR VOCA-FUNDED SERVICES
The Grantee Agency must provide services to crime victims, at no charge,
through the VOCA-funded project. Any deviation from this provision
requires prior approval by the state grantee. Prior to authorizing
subrecipients to generate income, OVC strongly encourages
administrators to carefully weigh the following considerations regarding
federal funds generating income for subrecipient organizations.
a. The purpose of the VOCA victim assistance grant program is to provide
services to all crime victims regardless of their ability to pay for services
rendered or availability of insurance or other third-party
resources. Crime victims suffer tremendous emotional, payment
cal and
financial losses. It was never the intent of VOCA to exacerbate the impact
of the crime by asking the victim to pay for services.
b. State grantees must ensure that they and their subrecipients have the
capability to track program income in accordance with federal financial
accounting requirements. All VOCA-funded program and match income,
no matter how large or small, is restricted to the same uses as the VOCA
grant.
Program income can be problematic because of the required tracking
systems needed to monitor VOCA-funded income and ensure that it is
used only to make additional services available to crime victims. For
example: VOCA often funds only a portion of a counselor's time.
Accounting for VOCA program income generated by this counselor is
complicated, involving careful record keeping by the counselor, the
subrecipient (Grantee Agency) program, and the state.
13. CLIENT—COUNSELOR CONFIDENTIALITY
Maintain confidentiality of client-counselor'information, as required by
state and federal law.
Generate Award Documents I Page 46 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
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.
These provisions are intended, among other things, to ensure the
confidentiality of information provided by crime victims to counselors
working for victim services programs receiving VOCA funds. Whatever
the scope of application given this provision, it is clear that there is
nothing in VOCA or its legislative history to indicate that Congress
intended to override or repeal, in effect, a state's existing law governing
the disclosure of information which is supportive of VOCA's fundamental
goal of helping crime victims. For example, this provision would not act to
override or repeal, in effect, a state's existing law pertaining to the
mandatory reporting of suspected child abuse. (See Pennhurst School
and Hospital v. Halderman, et al., 451 U.S. 1 (1981).) Furthermore, this
confidentiality provision should not be interpreted to thwart the legitimate
informational needs of public agencies. For example,this provision does
not prohibit a domestic violence shelter from acknowledging, in response
to an inquiry by a law enforcement agency conducting a missing person
investigation, that the person is safe in the shelter. Similarly, this
provision does not prohibit access to a victim service project by a federal
or state agency seeking to determine whether federal and state funds are
being utilized in accordance with funding agreements.
15. The Grantee understands and agrees that award funds may not be
used to discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
16. The Grantee understands and agrees that—(a) No award funds may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography, and (b)
Nothing in subsection (a) limits the use of funds for any Federal, State,
tribal, or local law enforcement agency or any other entity carrying out
criminal investigations, prosecution, or adjudication activities.
Generate Award Documents Page 47 11/03/2014
Applicant: Eagle County Sheriffs Office
Project:Victim Services Unit of Eagle County Sheriffs Office 70607262
2014-VA-14-003124-05
EXHIBIT B1 — BODY OF APPLICATION
Applicant Information
Crime Victims Services Grant Program 2014
Project Information
Project Title: Victim Services Unit of Eagle County Sheriffs
Office
Project Number: 2014-VU-14-003124-05
Project Director: Deena Ezzell
Type of Funding for this Project: Continuation
Requested Amount($): $27,000
Project Duration:
From: 01/01/2015
•
To: 12/31/2015
Applicant Details
Applicant Agency Name: Eagle County Sheriffs Office
Applicant Legal Name: County of Eagle
DUNS(+4).Number: 624971701
SAM Expiration Date: 05/08/2014
Tax Identification #: 846000762
Entity Type: Public/Government
Entity Sub-Type: County
Type of Project: Law Enforcement, Victim Services
Is your Agency a culturally specific No
community-based agency?:
Service Area for Project
Statewide: No
Generate Award Documents I Page 48 I 11/03/2014
Applicant: Eagle County Sheriffs Office
Project:Victim Services Unit of Eagle County Sheriffs Office 70607205
2014-VA-14-003124-05
U.S. Congressional District: 03
Judicial District: 05
State Senate District: 05
State House District: 26
Counties: 19-Eagle
Cities: McCoy, Red Cliff, Basalt; Avon, Bond, Eagle,
Gypsum, Edwards, Vail, Burns, El Jebel, Minturn
•
Generate Award Documents I Page 49 11/03/2014
1
Applicant: Eagle County Sheriffs Office
Project: Victim Services Unit of Eagle County Sheriffs Office 70607262
2014-VA-14-003124-05
Contact Details
Contact Type: Primary Contact
Salutation: Ms.
First Name: Deena
Last Name: Ezell
Title: Project Director
Agency Name: Eagle County Sheriffs Office
Address Line 1: 885 E Chambers Ave.
Address Line 2: P.O. Box 359
City/Town: Eagle
State: Colorado
Zip Code+4: 81631-0359
Phone Number: 970-328-8539
Fax: 970-328-1448
Contact Email Address: deena.ezzell @eaglecounty.us
Contact Details
Contact Type: Project Director
Salutation: Ms.
First Name: Deena
Last Name: Ezzell
Title: Victim Services Coordinator
Agency Name: Eagle County Sheriff's Office
Address Line 1: 885 Chambers Ave.
Address Line 2: P.O. Box 359
City/Town: Eagle
State: Colorado
Zip Code+4: 81631-0359
Phone Number: 970-328-8539
I. Generate Award Documents I Page 50 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Fax: 970-328-1448
Contact Email Address: deena.ezzell @eaglecounty.us
Contact Details
Contact Type: Financial Officer
Salutation: Ms.
First Name: Jessie
Last Name: Mosher
Title: Administrative Manager
Agency Name: Eagle County Sheriffs Office
Address Line 1: P.O. Box 359
Address Line 2:
City/Town: Eagle
State: Colorado
Zip Code + 4: 81631-0359
Phone Number: 970-328-8540
Fax: 970-328-1448
Contact Email Address: jessie.mosher @eaglecounty.us
Contact Details
Contact Type: Signature Authority
Salutation: Ms.
First Name: Jill
Last Name: Ryan
Title: Eagle County Commissioners Chairperson
Agency Name: Board of County Commissioners for Eagle
County
Address Line 1: P.O. Box 850
Address Line 2:
Generate Award Documents Page 51 11/03/2014
Applicant: Eagle County Sheriffs Office
Project:Victim Services Unit of Eagle County Sheriffs Office 70607205
2014-VA-14-003124-05
City/Town: Eagle
State: Colorado
Zip Code + 4: 81631-0359
Phone Number: 970-328-8605
Fax:
Contact Email Address: jill.ryan @eaglecounty.us
•
Generate Award Documents I Page 52 I 11/03/2014.
Applicant: Eagle County Sheriff's Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Project Summary
Project Summary:
Include a brief description of your project. Include target population,estimated number to be
served annually and services to be provided. See instructions for further information.
The Eagle County Sheriffs Office Victim Services Unit is committed to ongoing
enhancement to best serve victims of crime. Crime Victim Service (CVS)funds
will support the Victim Services Unit (VSU)which provides outreach and
support to any victim reporting to the Sheriffs Office or any of the other five
municipal police departments. These victims will be made aware of their rights
as defined by the Colorado Victim Rights Amendment (VRA)and receive crisis
intervention, ongoing advocacy and other services needed for their immediate
health and safety. The CVS funded project will serve approximately 155 victims
of crime in the grant period.
Agency Description:
Briefly describe the purpose of your agency.See instructions for further information.
The mission of the Sheriffs Office is to serve the people of Eagle County by
promoting and maintaining a sense of peace in our communities and improving
the quality of life through excellence in policing.
The VSU was created in 1990 to serve any victim of any type of crime or critical
incident. In 2013 the VSU served 632 victims by addressing their immediate
needs along with helping them navigate the criminal justice system. While that
number includes victims of robbery, survivors of homicide, menacing and more;
sixty-nine percent of those served were primary and secondary victims of
domestic violence or sexual assault.
Agency Qualification:
Describe your agency's experience with similar projects and experience the agency has in
managing federal/state funds.See instructions for further information.
Generate Award Documents Page 53 11/03/2014
•
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
The VSU has served thousands of crime victims in the last 24 years and is the
only law enforcement based victim service agency in the 5th Judicial District.
Most local agencies can only serve victims of limited types of crime or age •
groups (only children, only serve victims of rape or domestic violence, etc.). The
VSU serves those plus anyone who might fall short of their criteria.
Being part of law enforcement gives a unique perspective and enables us to
proactively contact victims. Officers can request the VSU to the scene of any
crime or crisis, so information and support can be offered at the earliest
opportunity. Each business day the VSU checks for arrests made overnight
and calls victims to answer questions and accompany them to Advisements if
• needed.
The VSU has received VOCA funds for several years and local VALE funds for
over 13 years. All grants are financially overseen by the Sheriffs Administrative
Manager and the County's Finance Department.
Prior CVS Funding for this project: Yes
Year Amount Awarded Grant Number Project Title
2012 $27,000 11-VA-5-28 Victim Services Unit
2013 $27,000 12-VA-5-26 Victim Services Unit
2014 $27,000 13-VA-5-30 Victim Services Unit
Purpose Area: Victims Services
Check only those project purpose areas that describe the type of activities and services for
• which you are requesting funds. See instructions for further information.
Problem Statement:
Describe the problem the proposed project intends to address. Local and/or state data should be
used to describe the nature of the problem in your community. See instructions for further
information.
Generate Award Documents Page 54 11/03/2014
•
•
Applicant: Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
CVS funds will address the need for 24-hour high quality response to victims of
crime or crisis in an area that is diverse in many ways. In 2008, the Sheriffs
Office commissioned an independent staffing audit with Voorhees 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. Increased
violent crimes result in more traumatized victims who require more complex
assistance and long term support. While the number of victims reporting may
not increase, the needs of Eagle County crime victims seem more complex
each year.
•
Eagle County is largely rural and is diverse in many ways. VSU staff provide
services to a population that includes multimillionaires in the resort communities
along with those living below the poverty line. According to 2012 estimates the
county's population expands from 52,197 residents year-round to 125,000
residents and guests during the busy tourist seasons.
The Eagle County Sheriffs Office has jurisdiction in an area that covers 1,700
square miles, larger than the State of Rhode Island. Residents live in seven
incorporated and ten unincorporated communities served by five municipal
police departments in Basalt, Vail, Avon, Minturn, and Eagle. The VSU provides
services to any crime victim, regardless of agency jurisdiction, including those in
the remote areas of the county such as Bond and El Jebel. These small
communities have no Marshall's Office or Police Department but they do have
• victims of crime and those victims have rights under Colorado law.
To support these victims of crime VSU staff may have to travel extensive
distances to meet with victims. A recent example is a sexual assault case that
was reported in El Jebel, a part of the county closer to Aspen than Eagle. The
advocate met with the victim in El Jebel, then drove her to Summit County for a
SANE exam and back to El Jebel before returning to the Sheriffs Office. It was
almost 270 miles roundtrip and six hours of drive time in addition to the four-
hour exam.
Hispanic residents are estimated to be over 30% of the population which also
contributes to our diversity. The Eagle County School District reports that
almost 50 percent of students are Hispanic. Many of the students, regardless of
race or ethnicity, describe witnessing or being victims of crime themselves.
Some don't realize what they are experiencing is a crime. Most such incidents
are never reported. Support groups in the schools may provide the only
emotional support and information these victims receive.
Project Description:
Describe in a clear and succinct way the project,staff and services you plan to provide with
these grant funds.See instructions for further information.
CVS funds will provide approximately 20 hours per week of contract victim
services. The Contract Victim Advocate will share on-call and office time with
staff in addition to identifying and supporting youth victims in middle and high
schools. Regular office time will allow case review, follow up, and criminal
justice support to almost one-third of the total victims served by the VSU.
•
Generate Award Documents Page 55 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Victims Services Type of Crime:
Provide only the number of victims who will receive services from Crime Victims Services(CVS)
grant funded personnel during the 12-month period.See instructions for further information.
Type of Crimes Est.#of Victims
Child Physical Abuse 3
Child Sexual Abuse 5
Children Who Witness Domestic Violence 10
Domestic Violence 90
Dating Violence 15
Stalking
3
Adult Sexual Assault 10
Adults Molested as Children 1
Survivors of Homicide Victims 1
Robbery 1
Vehicular Assault or Homicide,DUI/DWI Crashes,or Careless Driving Resulting in Death 1
Assault
15
Elder Abuse
0
Other Violent Crimes(See Instructions)
UNDUPLICATED TOTAL 155
Victims Services Type of Services:
No single entry/category in this table can exceed the TOTAL NUMBER OF VICTIMS in the table
above.
Type of Services Est.#of Victims
Crisis Counseling/Crisis Intervention(in person) 30
Follow-up(Includes crisis intervention by phone) 100
Therapy
Group Treatment/Support
20
Shelter/Safehouse
Information/Referral(In person) 100
Criminal Justice Support/Advocacy 100
Emergency Financial Assistance 1
Emergency Legal Advocacy(attorney assistance)
Victim Compensation 150
Personal Advocacy 75
Telephone Contact 125
Civil Legal Advocacy(advocate assistance)
Forensic Exam
Hospital/Clinic/Medical Response 3
Language Services
Transportation 3
Transitional Housing
Generate Award Documents Page 56 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Other I
Law Enforcement Type of Services:
Complete this section if you are requesting funds for a Law Enforcement Officer or Investigator
who will handle domestic violence,sexual assault, stalking,and/or dating violence cases/
incidents for victims age 11 and older. Estimate the number of cases/incidents that will be
handled by grant funded personnel during the first year of the grant period.Complete only those
that apply.
Type of Crime Est.#Cases/
Incidents
Calls for Assistance(911&other)
Incident Reports
Cases/Incidents Investigated
Arrests
Dual Arrests
Protection/Ex Parte/Temporary Restraining Orders Served
Arrests for Violation of Ball Bond
Enforcement of Warrants
Arrests for Violation of Protection Orders
Protection Orders Issued
Referrals of Cases to Prosecutor
Referrals of Federal Firearms Charges to Federal Prosecutor
Forensic Medical Evidence
Prosecution Type of Cases:
Complete this section if you are requesting funds for a Prosecutor or Investigator who will handle
domestic violence,sexual assault,stalking, and/or dating violence cases/incidents for victims
age 11 and older. Estimate the number of cases/incidents that will be handled by grant funded
personnel during the first year of the grant period.Complete only those that apply.
Type of Crime Est.#Cases I
Incidents .
Misdemeanor Sexual Assault
Felony Sexual Assault
Homicide Related to Sexual Assault,Domestic Violence or Stalking
Domestic Violence/Dating Violence Ordinance
Misdemeanor Domestic Violence/Dating Violence
Felony Domestic Violence/Dating Violence
Stalking Ordinance
Misdemeanor Stalking
Felony Stalking
Violation of Protective Order
Violation of Bail
Violation of Probation or Parole
Violation of Other Court Order
Generate Award Documents Page 57 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Training Area:
This table should only be completed if you are requesting funds for a FORMAL training project
for professionals/volunteers,primarily outside your agency,who work directly with victims.There
are only two eligible categories of training activities: 1)Training on domestic violence,sexual
assault,stalking,and dating violence or;2)Statewide or multi-jurisdictional training pertaining to
victim assistance.This DOES NOT include outreach trainings/presentations about your program,
or in-house staff/volunteer training. Refer to the Instructions for further details.
People Trained Est.#Trained
Advocacy Organization Staff(NAACP,AARP)
•
Attorneys/Law Students(Non Prosecutors)
Batterer Intervention Program Staff
Correction Personnel(probation,parole,and correctional facilities)
Court Personnel(judges,clerks)
Disability Organization Staff(non-governmental)
Educators(teachers,administrators)
Elder Organization Staff(non-governmental)
Faith-based Organization Staff
Government Agency Staff(vocational rehabilitation,food stamps,TANF)
Health Professionals(doctors,nurses—not including SANE or SAFE's)
Immigrant Organization Staff(non-governmental)
Law Enforcement Officers
Legal Services Staff(not including attorneys)
Mental Health Professionals
Military Command Staff
Multidisciplinary Group
Prosecutors
Sex Offender Treatment Providers
Sexual Assault Nurse/Forensic Examiners
Social Service Organization Staff(food bank,homeless shelter)
Substance Abuse Organization Staff
Supervised Visitation and Exchange Center Staff
Translators/interpreters
Tribal Government/Tribal Government Agency
Victim Advocates(non-governmental,includes sexual assault,domestic violence and dual)
Victim Assistants(governmental,Includes victim-witness-specialists/coordinators)
Volunteers
Other
UNDUPLICATED TOTAL 0
•
Systems Improvement Area:
Generate Award Documents Page 58 11/03/2014
•
Applicant: Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Check only those system improvement areas that describe the type of activities and services for
which you are requesting funds. See instructions for further information.
A. Describe the underserved population(s) in the community you serve
(e.g. race/ethnicity of victims served, LGBTQ, deaf, etc.).
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. Eagle County School
District's annual report for 2012-2013 states that 49.5% of students are
Hispanic and 34.9% have limited or non-English proficiency. The
underserved in our community also includes growing numbers of new
immigrants from Eastern Europe, Western Africa and Asia.
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.
Another challenge is that one of the five municipalities, Basalt, is located more
than an hour's driving time away from the Sheriffs Office. To support victims of
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. Round-trip from Eagle to Frisco is almost three hours
drive time in good weather. The nearest Child Advocacy Center is in Glenwood
Springs. To accompany a victim for a forensic interview easily takes 2-4 hours.
When asked, many Eagle County youth self-identify as victims of crime in the
home and/or community. This information is gleaned directly from school
administrators, teachers and the students themselves during prevention
presentations in area schools around domestic violence, child abuse, sexual
assault, and crime victims' rights. If funded, the Contract Victim Advocate, in
collaboration with community non-profits and the District Attorney's office, will
provide direct advocacy services in area schools on a regular basis. This
outreach presence in the schools will afford the underserved populations
increased access to services, education, and safety planning.
B. How did you determine the underserved population(s)? Cite your
source(s).
2010 U.S. Census
2012-13 Eagle County School District Fact Sheet
C. Is any portion of your project specifically No
designed to serve underserved populations?
Generate Award Documents Page 59 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriff's Office 2014-VA-14-003124-05
Collaboration
List the three agencies with which your project staff will be coordinating with most frequently. If
you have active MOU's relevant to this request, list the agency and a brief description of the
terms of the MOU.
Agency Name MOU Contact Phone
Eagle County Dist... No Bruce Brown 970-328-6947
Bright Future Fou... No Sheri Mintz 970-949-7097
Avon Police Depar... No Lt.Greg Daly 970-748-4049
Generate Award Documents Page 60 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Collaboration Details
Agency Name: Eagle County District Attorney's Office
Do you have an MOU with this Agency?: No
Contact Name: Bruce Brown
Title: District Attorney
Phone: 970-328-6947
E-Mail: BBrown @da5.us
Collaboration Details
Agency Name: Bright Future Foundation
Do you have an MOU with this Agency?: No
Contact Name: Sheri Mintz
Title: Executive Director
Phone: 970-949-7097
E-Mail: sheri @mybrightfuture.org
Collaboration Details
Agency Name: Avon Police Department
Do you have an MOU with this Agency?: No
Contact Name: Lt. Greg Daly
Title: Lieutenant
Phone: 970-748-4049
E-Mail: gdaly @avon.org
Generate Award Documents Page 61 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Consultation
•
Prosecution,law enforcement and courts applicants must consult with nonprofit 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.
Indicate below which nonprofit victim services agencies were consulted in developing this
application.
Non-Profit Agency Contact I Phone
This list contains no items
Generate Award Documents Page 62 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Continuation Applicants
Project Changes:
Describe any significant project changes(programmatic or budgetary)from the previously
funded project.See instructions for further information.
While the VSU is making no budgetary changes there are some program
changes. Since 2012 the Contract Victim Advocate has consistently served
significantly more victims than projected. Therefore the amount of time
available to provide volunteer management has been limited. These duties will
be eliminated from the goals and objectives and we have increased the
projected number of victims accordingly.
Continuation Quality Assurance Plan Progress:
Summarize the extent to which each of the project's goals and/or objectives were met for the
grant period that Just ended.See instructions for further information.
The Victim Services Unit made great progress towards achieving our goals in
2013. Our primary goal was to provide direct service to victims of crime in
Eagle County and in that regard we exceeded the projected number of victims
served as well as the number of services provided.
Our second objective in providing direct services was to conduct public
presentations in an attempt to identify victims in need of services. Again we
exceeded the number of presentations expected and as a result of those
presentations we are increasing our efforts to reach youth victims in our 2015
goals and objectives.
The second goal was to strengthen our volunteer program and increase the
amount of time that volunteers were on-call. While we were successful in
ensuring there was an advocate on-call 24 hours per day, seven days per week
most of that was done by staff rather than volunteers.
Volunteer recruitment remains extremely difficult despite sustained efforts.
Feedback from interested people who subsequently did not continue training
indicates scheduling and length of training (over 40 hours) are the biggest
challenges. We are researching alternative training methods including use of
online training for some segments. The majority of our volunteers are second
homeowners that travel extensively. While they want to be generous with their
time, they are often simply not available.
While we were unable to meet our objective to increase the percentage of
volunteer coverage; the Contract Victim Advocate provided services to almost
three times the number of projected victims, offsetting the lack of volunteer
coverage throughout the year.
•
•
Generate Award Documents Page 63 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Financial Management Questions
1. What accounting system does your organization use?
List the name and a brief description of the system.
New World Systems is accounting software designed specifically for public
entities.
2. This grant will be on a cost reimbursement basis. What will be your
• organization's source of cash and how will your organization manage its
cash flow between the time costs are incurred and reimbursed? •
The project is budgeted into our yearly funds approved by the County
Commissioners under a specific General Ledger Account for Victim Services.
3. Which of the following applies to your Agency has expended over$500,000 in federal
agency: funding in the last calendar year from all
combined sources.
Please submit the most recent A-133 audit to DCJ.
3a. Date of most recent A-133 Audit, Financial 12/03/2013
Audit or Financial Review:
3b. Date sent to DCJ: 08/01/2013
3c. Were there any findings, questioned costs No
or unallocated costs?
4. Does your accounting system separate all Yes
revenues and expenditures by funding
source?
5. Does your accounting system track Yes
revenues and expenditures for each grant
award separately through a sub-ledger
system?
6. Does your accounting system allow Yes
expenditures to be classified by the broad
budget categories listed in the approved
budget in your grant, i.e. Personnel, Supplies
and Operating, Travel, Equipment and
Professional Services?
Generate Award Documents Page 64 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
7. Does your organization have written Yes
financial policies and procedures (specific to
grants) in place that describe items such as:
meeting all grant requirements, the
preparation of grant financial reports and
statements, the disclosure of financial
documents, the ability for staff to prevent and
detect misstatements in financial reporting, a
method to trace funds, and a process to
maintain and safeguard all cash, real and
personal property, and other assets?
8. Is this grant request for less than Yes
$100,000?
9. Is this grant request for a new project? No
10. Has your organization been in existence Yes
for three (3) years or more?
11. Does the staff assigned to this project Yes
have two (2) or more year's prior experience
• with projects with the same or similar
requirements?
12. Does your organization have internal Yes
controls in place,such as: a review process
to determine reasonableness, allowability and
allocability of costs, separation of duties,
dual signatures on certain checks,
reconciliations or other fiduciary oversight?
13. Does your organization reconcile sub- Yes
ledgers to your general ledger at least
monthly?
14.Are accounting records supported by Yes
source documentation such as invoices,
receipts, timesheets, etc.?
15. Does your organization routinely record Yes
the grant number or other unique identifier on
all source documents such as invoices,
receipts, time records, deposit records, etc.?
16. Does your organization maintain time Yes
sheets approved by the employee, supervisor
and project director for each employee paid
by these grant funds?
17. Will this grant funded project generate No
program income?
18. If your agency is anon-profit, do the Not Applicable
Board bylaws and policies describe the
involvement of the Board in the financial
oversight and direction of your agency?
Generate Award Documents Page 65 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriff's Office 2014-VA-14-003124-05
19. Does your accounting system have the Yes
ability to track in-kind and/or cash match
funds?
20.Are you able to ensure that you will not be Yes
using these grant funds to provide services
that will be paid by Victim Compensation?
•
•
Generate Award Documents Page 66 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
EXHIBIT B2 - GOALS AND OBJECTIVES
Applicants are limited to three goals with no more than three objectives for each goal.Objectives
must be measurable and related to the personnel/consultants requested in the grant and any
match personnel.
Goal 1: The Victim Services Unit will provide direct
services to meet the needs of crime victims in
Eagle County.
Objective/Position Title Intended Outcome/Impact Data Collection Timeframe •
Responsible
1.1 The Contract Victim Advocate, Victims report they feel informed Staff notes and client satisfaction During the 12 month grant period
Victim Services Coordinator and and supported and that they were surveys.
volunteers will ensure that at least made aware of their rights and
155 victims of VRA crimes receive resources.
direct services which may include
•
crisis intervention,criminal justice
education,referrals to other
agencies,and/or court
support./Contract Victim Advocate
1.2 The Contract Victim Advocate Underserved youth crime victims Staff documentation of session During the 12 month grant period
and/or the Victim Services will be identified and receive VRA dates and times,and number of
•
Coordinator will conduct 10 information,direct services and/or attendees.Pre and post-test data.
outreach/support groups in Eagle resource referrals.
County schools in an attempt
identify underserved youth crime
victims providing VRA Information,
education and resources./Contract
Victim Advocate
1.3
Goal 2 (If needed):
Objective/Position Title Intended Outcome/Impact Data Collection Timeframe
Responsible
2.1
2.2
•
2.3
• Goal 3 (If needed):
Objective/Position Title Intended Outcome/Impact Data Collection Timeframe
Responsible
3.1
3.2
3.3
Generate Award Documents Page 67 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Quality Assurance Plan:
Describe the approach for evaluating the project in response to the stated objectives, intended
outcomes/impact and data collection.See instructions for further information.
Our goal is straightforward: the VSU will provide direct services to meet the
needs of crime victims in Eagle County. An overarching mission of the VSU is
to empower victims so they can make informed decisions, an essential element
of trauma-informed care. Each victim is different and what one person needs in
order to feel they have meaningfully participated in the justice system may vary
greatly from another.
The intended impact is also simple: Victims' rights are communicated and
victims stated needs are being met. These outcomes will be documented in a
database created specifically for victim services. VSU advocates will assess
each case and document each contact with the victim to determine if direct
services are offered to the projected number of victims. VSU staff will also
check each report for documentation that each victim received notice of their
rights under the VRA. These numbers will guide us in attempting further follow-
up, making needed corrections or training first responders about the rights and
resources available to crime victims.
Objective two is specific to youth victims. The VSU will document the number
of sessions offered in each school and the number of youth attending. This will
guide the VSU in planning more groups, changing locations or making other
needed improvements.
Generate Award Documents Page 68 11/03/2014
Applicant: Eagle County Sheriffs Office V 70607262
Project:Victim services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
EXHIBIT B3 - BUDGET AND BUDGET NARRATIVE
(Budget: Personnel)
Each position must be listed separately and be accompanied by a description that provides
justification for the amount requested and details the basis for determining the cost of each
• position. For each position,explain how the salary and fringe benefit rates were determined. See
instructions for further information.
PERSONNEL (TOTALS SUMMARY)
Annual Total to be Paid by
Amount($) Grant Funds(5)
Totals $p
Position Title Annual Amount($) Total To Be Paid By '
Grant Funds($)
This list contains no items
•
Generate Award Documents Page 69 11/03/2014
Applicant:Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Budget: Personnel (Match)
Amount Recommended/ Match(0)
Requested($)
Total $0
$6,750
Item Type of Budget Narrative and Justification Total($)
Match
Contract Labor Victim Cash We are using a portion of the Victim Services Coordinator's $6,750
Advocate's wages wages to meet the match requirement. ...
•
Generate Award Documents Page 70 11/03/2014
Applicant:Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Personnel Details (Match)
Item: Contract Labor Victim Advocate's wages
Type of Match: Cash
Budget Narrative and Justification:
Please include in your description the source of match funds(i.e.local VALE, etc.)
We are using a portion of the Victim Services Coordinator's wages to meet the
match requirement. That position is completely funded by Eagle County
Government. Our CVS funding request is for$27,000 to pay for the Contract
Labor Victim Advocate. The $6,750 match comes from the Eagle County
Sheriffs Office budget for Victim Services.
•
•
Total($): $6,750
•
•
Generate Award Documents Page 71 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Budget: Supplies & Operating
Each item must be listed and be accompanied by a description that provides justification for the
budget items and details the basis for determining the cost of each item. See instructions for •
further information.
Totals Summary
Amount Recommended/
Requested($)
Total
$0
Item Budget Narrative and Justification Total($)
This list contains no items
•
•
•
•
Generate Award Documents Page 72 11/03/2014 .
Applicant: Eagle County Sheriff's Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Budget:Supplies & Operating (Match)
Totals Summary
Amount Recommended/ Match($)
Requested($)
Total $0
$0
Item Type of Budget Narrative and Justification Total($)
Match
This list contains no items
Generate Award Documents Page 73 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:.Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
•
Budget: Travel
Each travel request must be listed and accompanied by a description that provides justification
for the items and details the basis for determining the cost of each item. For each item
requested,explain the relationship of each travel related item to the project.See instructions for
further information.
Totals Summary
Amount Recommended/ .
Requested($)
Total
Item 'Budget Narrative and Justification Total($)
This list contains no items
•
•
Generate Award Documents Page 74 11/03/2014
Applicant: Eagle County Sheriff's Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office
2014-VA-14-003124-05
Budget: Travel (Match)
Totals Summary
Amount Recommended/ Match($)
Requested($)
Total $0
$0
Item
I Type of Budget Narrative and Justification I Total($)
Match
This list contains no items
•
Generate Award Documents I `
Page 75 I 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office
2014-VA-14-003124-05
Budget: Equipment
Each piece of equipment must be listed and be accompanied by a description that provides
justification for the budget items and details the basis for determining the cost of each item. For
each item listed, explain why the proposed equipment is essential to implementing the project.
See instructions for further information.
Totals Summary
Amount Recommended/
Requested($)
Total
Item
$0
I Budget Narrative and Justification I Total($)
This list contains no items
•
•
Generate Award Documents I Page 76 11/03/2014
1
Applicant: Eagle County Sheriffs Office
Project:Victim Services Unit of Eagle County Sheriffs Office 70607262
2014-VA-14-003124-05
Budget: Equipment (Match)
Totals Summary
Amount Recommended/ Match($)
Requested($)
Total $0
Item $0
Type of Budget Narrative and Justification I Total($)
I Match I
This list contains no items
Generate Award Documents I Page 77 I 11/03/2014 J
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Budget: Professional Services / Consultants
Each vendor must be listed separately and be accompanied by a description that provides
justification for the budget items and details the basis for determining the cost of each item. For
each consulting organization or individual added,explain how the hourly rate or flat rate was
determined.See instructions for further information.
Totals Summary
Amount Recommended/
Requested($)
Total
$27,000
Item Budget Narrative and Justification
Total($)
Contract Labor Victim Advocate The Contract Victim Advocate is needed to share on call and office $27,000
time with current VSU staff. ...
Generate Award Documents I Page 78 I 11/03/2014
Applicant: Eagle County Sheriff's Office 70607262
Project:Victim Services Unit of Eagle County Sheriff's Office 2014-VA-14-003124-05
Professional Services / Consultants Details
Item: Contract Labor Victim Advocate
Budget Narrative and Justification:
•
The Contract Victim Advocate is needed to share on call and office time with
current VSU staff. The Contract Victim Advocate is paid $26.00 per hour which
is a standard contract rate for this type of service in this area and is the same
amount paid for these services since 2011. There is no payment for on call
time, only if called out. The requested amount will provide these services for
approximately twenty hours per week. ($26.00 x 1040 = $27,040)
The VSU is currently comprised of two full time employees—the Victim
Services Coordinator and the Bilingual Advocate. Overtime and call-in costs for
the VSU's two employees exceeded $4,000.00 in 2013 and that was with the
support of the VOCA funded Contract Victim Advocate. Ideally, hiring a third,
full-time advocate would help resolve these issues but that is not an option due
to County hiring restrictions.
In 2013 almost forty- percent of victims served by the VSU were Hispanic or
Spanish-speaking. The VSU's Bilingual Advocate provides Spanish language
services to law enforcement officers of multiple agencies as well as the District
Attorney's office in the form of translating investigations, written victim
statements and CVC forms. This collaborative and cooperative participation in
areas outside the typical VSU response further limits the resources of the VSU.
We continue this collaboration to ensure that each victim's case receives the
best possible investigation and prosecution, regardless of the victim's language.
Another part of the problem Is serving victims with less volunteer support.
Compare the first six months of 2004 with the same period in 2013 and you will
see the volunteer coverage dropped from 64% to 26% yet the number of victims
served increased substantially. While we value the services provided by
volunteers, in order to assure high quality services 24-hours per day a staff
person must always be on call as back-up. The Contract Victim Advocate
covers 1/3 of the on call time, providing much needed respite for the remaining
two staff members.
Professional contract advocate services have been effective in helping the VSU
meet the needs of crime victims for the last few years. The Contract Victim
Advocate will provide the majority of direct service hours needed to meet the
CVS funded project's objective of serving at least 155 new victims in the grant
period. This will allow the employees of the VSU to serve the remaining 500+
victims and develop a plan to enhance the volunteer program.
if funding is approved the required DCJ Form 16 and contractual agreement will
be submitted within the first 10 days of 2015.
Total($): $27,000
Generate Award Documents Page 79 11/03/2014
Applicant: Eagle County Sheriff's Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Budget: Professional Services / Consultants
(Match)
Totals Summary
Amount Recommended/ Match($)
Requested($)
Total $27,000
$0
Item Type of Budget Narrative and Justification Total($)
Match
This list contains no items
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Generate Award Documents Page 80 11/03/2014
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Applicant: Eagle County Sheriff's Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
Budget Total Request
Amount Recommended/ Match($) Total
Requested($) Budget($)
PERSONNEL
$0 $6,750 $6,750
SUPPLIES&OPERATING $0 $0 $0
TRAVEL
$0 $0 $0
EQUIPMENT $0 $0 $0
PROFESSIONAL SERVICES/CONTRACT CONSULTANTS $27,000. $0
$27,000
GRAND TOTAL $27,000 $6,750 $33,750
Calculated Match Percentage (%): 20.00%
Additional Project Funding
Will this project be funded using Yes
ADDITIONAL FUNDS other than those
provided from this grant?
If"Yes",list the type and approximate amount of other funding that will be used to support this
project. Do not include in-kind match.
Description Amount($)
Federal
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State
County Government
Municipal Government
Local VALE
Private
Other(Specify)
ADDITIONAL PROJECT FUNDING TOTAL: $0
Please describe all sources of funding that you have solicited or plan to
solicit and indicate if the funds have been approved or are pending:
Other funds will be used for the VSU but not for this project. CVS funds are
requested only for Professional Services so the project as described is only for
the services the Contract Victim Advocate and cash match will provide. Local
VALE will be requested for the Bilingual Advocate and the rest of the budget
comes from the Sheriffs Office (County Government).
Generate Award Documents Page 81 11/03/2014
Applicant:Eagle County Sheriffs Office 70607262
Project: Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
EXHIBIT C - SAMPLE OPTION LETTER
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
OPTION LETTER
Date State Fiscal Year Option Letter# CMS Routing#
1) OPTIONS: Applicable options.
a. Option to renew only(for an additional term) •
b. Change in the amount of goods within current term
c. Change in amount of goods in conjunction with renewal for additional
term
d. Level of service change within current term
e. Level of service change in conjunction with renewal for additional term
f. Option to initiate next phase of a contract
2) REQUIRED PROVISIONS.
a. In accordance with Section(s) of the Original Contract between
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and , the State hereby exercises its option for an
additional term beginning and ending on at a
specified in Section
b. In accordance with Section(s) of the Original Contract between •
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and , the State hereby exercises its option to in
the amount of at the same rate(s) as specified in
c. In accordance with Section of the Original Contract between
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and , the State hereby exercises its option for an
additional term beginning and ending on at a
specified in Section ,AND/OR in the amount of at
the same rate(s) as specified in
d. In accordance with Section(s) of the Original Contract between
the State of Colorado, Department of Public Safety, Division of Criminal
Justice and . the State hereby exercises its option to initiate Phase '
for the term beginning and ending on at the
specified in Section
e. The amount of the current Fiscal Year contract value is by
to a new contract value of as consideration for
ordered under the contract for the current fiscal year . The first
sentence in Section is hereby modified accorcfil—T6F The total
contract value including all previous amendments, option letters, etc. Is
Generate Award Documents Page 82 11/03/2014
Applicant: Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office . 2014-VA-14-003124-05
3) EFFECTIVE DATE. The effective date of this Option Letter is upon
approval of the State Controller or , whichever is later.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
By: Date:
Jeanne M. Smith, Director
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants.
This Grant is not valid until signed and dated below by the State Controller
or delegate. If Grantee begins performing prior thereto, the State of
Colorado may not be obligated to pay Grantee for such performance or for
any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA,JD
By: Date:
Department of.Public Safety, Cindy Fredriksen, MBA, Procurement
Director
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Generate Award Documents Page 83 11/03/2014
Applicant:Eagle County Sheriffs Office 70607262
Project:Victim Services Unit of Eagle County Sheriffs Office 2014-VA-14-003124-05
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EXHIBIT D - SAMPLE GRANT FUNDING CHANGE
LETTER
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
GRANT FUNDING CHANGE LETTER
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Date Original Contract CMS# Grant Funding Change Letter# CMS Routing#
TO:
•
In accordance with Section of the Original Contract between the
State of Colorado, Department of Public Safety, Division of Criminal
Justice, and beginning and ending on , the
undersigned commits the following funds to the Grant:
The amount of grant funds available and specified in Section is
increased/decreased by to a new total funds available of
for the following reason:
Section is hereby modified accordingly.
This Grant Funding Letter does not constitute an order for services under
this Grant.
The effective date of hereof is upon approval of the State Controller or
, whichever is later.
STATE OF COLORADO
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John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
Date:
By:nne M. Smith, Director
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants.
This Grant is not valid until signed and dated below by the State Controller
• or delegate. If Grantee begins performing prior thereto, the State of
Colorado may not be obligated to pay Grantee for such.performance or for
any goods and/or services provided hereunder.
Generate Award Documents Page 84 11/03/2014
Applicant:Eagle County Sheriffs Office
Project: Victim Services Unit of Eagle County Sheriffs Office 70607262
5
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
•
By: Date:
Department of Public Safety, Cindy Fredriksen, MBA, Procurement
Director
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Generate Award Documents I Page 85 ( 11/03/2014 I
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Applicant: Eagle County Sheriff's Office
Project:Victim Services Unit of Eagle County Sheriff's Office 706072
2014-VA-14-003124-005
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EXHIBIT E - SAMPLE CONTRACT AMENDMENT
STATE OF COLORADO
Department of Public Safety, Division of Criminal Justice
CONTRACT AMENDMENT
Amendment# Original Contract CMS# Amendment CMS#
1) PARTIES
This Amendment to the above-referenced Original Contract(hereinafter
.called the Contract) is entered into by and between
(hereinafter called "Contractor"), and the STATE OF
COLORADO acting by and through the Department of Public Safety,
Division of Criminal Justice (hereinafter called the "State").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved
and signed by the Colorado State Controller or designee(hereinafter
called the "Effective Date"). The State shall not be liable to pay or
reimburse Contractor for any performance hereunder including, but not
limited to, costs or expenses incurred, or be bound by any provision
hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract for/to:
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4) CONSIDERATION - COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants
contained herein and other good and valuable consideration are sufficient
•and adequate to support this Amendment. The Parties agree to replacing
the Colorado Special Provisions with the most recent version (if such have
been updated since the Contract and any modification thereto were
.effective) as part consideration for this Amendment. If applicable, such
Special Provisions are attached hereto and incorporated by reference
herein as:
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Generate Award Documents I Page 86 11/03/2014
Applicant: Eagle County Sheriffs Office
Project:Victim Services Unit of Eagle County Sheriffs Office 70607262
2014-VA-14-003124-05
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the
Contract and all prior amendments thereto, if any, remain in full force and
effect except as specifically modified herein.
6) MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as
follows:
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7) START DATE
. This Amendment shall take effect on the later of its Effective Date or
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this
Amendment and any of the provisions of the Contract, the provisions of
this:Amendment shall in all respects supersede, govern, and control. The
most recent version of the Special Provisions incorporated into the
Contract or any amendment shall always control other provisions in the
Contract or any amendments.
9) AVAILABLE FUNDS
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Financial obligations of the state payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, or
otherwise made available.
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
* Persons signing for Contractor hereby swear and affirm that they are
authorized to act on Contractor's behalf and acknowledge that the State is
relying on their representations to that effect.
CONTRACTOR
Agency or Organization:
By:
Signature: Date:
Generate Award Documents Page 87 J
11/03/2014
Applicant:Eagle County Sheriff's Office
Project:Victim Services Unit of Eagle County Sheriffs Office 70607262
2014-VA-14-003124-05
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Safety, Division of Criminal Justice
By:
nne M. Smith, Director Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to a
Contracts. This Contract is not valid until signed and dated below by the
State Controller or delegate. If Contractor begins performing prior thereto,
•
the State of Colorado may not be obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA,JD
By: Date:
Department of Public Safety,.Cindy Fredriksen, MBA, Procurement
Director
Generate Award Documents Page 88
11/03/2014
• DCJ FORM 30
CERTIFICATION OF COMPLIANCE WITH REGULATIONS
OFFICE FOR CIVIL RIGHTS,OFFICE OF JUSTICE PROGRAMS
FOR SUBGRANTS ISSUED BY THE COLORADO DIVISION OF CRIMINAL JUSTICE (DCJ)
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INSTRUCTIONS: Complete the identiOing information,which is found on the Statement of Grant Award(SOGA), in the
table below. Read the form completely, identifying the person responsible for reporting civil rights findings, certifying that
the required Civil Rights training has been completed;and checking only the one certification wider"H"that applies to
your agency. Have your Authorized Official sign at the bottom ofpage 2,forward a copy to the person you identified as'being
responsible for reporting civil rights findings and return the original to the Colorado Division of Criminal Justice, 700
Kipling,Ste. 1000, Denver; CO 80215, within 45 days of the grant award beginning date.
Grant# 2014—VA-14-003124-05GrantProject Title:Victim Services Unit
Subgrantee Name(Funded Entity): Eagle County, Sheriff's Office
Address:P'0• Box 359 •
Eagle, CO 81631
Duration:Beginning date: 01/01/15 End date:12/31/15 Award:$27,000
Project Director's Name&Phone#:
Deena Ezzell 970-328-8539
Person responsible for reporting civil rights findings of discrimination: (Name,address&phone)
Jacci McKenna, Human Resources Director
P.O. Box 850 -
Eagle, CO 81631
970-328-8600
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I acknowledge that I viewed all of the trainings on Civil Rights available on DCJ's website at http://dcj.state.co.us/. I
accept responsibility for insuring that project staff understands their responsibilities as outlined in the presentations. I
understand that if I have any questions about the material presented and my responsibilities as a Sdligrantee that I will
contact my grant manager.
Project Director's Signature:
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Date: i 2.(l I i •
AUTHORIZED OFFICIAL'S CERTIFICATION: As the Authorized Official for the above Subgrantee,I certify,by my
signature below,that I have read and am fully cognizant of our duties and responsibilities under this Certification.
I. REQUIREMENTS OF SUBGRANT RECIPIENTS: All subgrant recipients(regardless of the type of entity or the amount
awarded)are subject to prohibitions against discrimination in any program or activity,and must take reasonable steps to
provide meaningful access for persons with limited English proficiency.
♦I certify that,this agency will maintain data(and submit when required)to ensure that:our services are delivered in an
equitable manner to all segments of the service population;our.employment practices comply with Equal Opportunity
Requirements,28 CFR 42.207 and 42.301 et seq.;our projects and activities provide meaningful access for people with
limited English proficiency as required by Title VI of the Civil Rights Act,(See also,2000 Executive Order#13166).
♦I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of
discrimination will submit these fmdings,if any,to the Division of Criminal Justice within 45 days of the finding,and/or if
the fording occurred prior to the grant award beginning date,within 45 days of the grant award beginning date.
Colorado Division of Criminal Justice Page 1 of 2 ' Rev.10/2013
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(DCJ FORM 30: •
. CERTIFICATION OF COMPLIANCE WITH REGULATIONS,
OFFICE FOR CIVIL RIGHTS,O1410E OF JUSTICE PROGRAMS (Continued)
U. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP)CERTIFICATIONS: Check the box before ONLY THE ONE
APPROPRIATE CERTIFICATION(A,B,or C below)that applies to this subgrantee agency during the period of the grant
duration noted above.
0 CERTIFICATION"A" [NO EEOP IS REQUIRED if(1),(2)or(3),below,apply.] This is the Certification that
most non-profits and small agencies will use. Check all that apply to your entity.
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This funded entity:
_(1) is an educational,medical or non-profit organization or an Indian Tribe; :
(2) has less than 50 employees;
(3) was awarded through this single grant award from the Colorado Division of Criminal Justice less than
$25,000 in federal U.S.Department of Justice funds.
Therefore,I hereby certify that this funded entity is not required to maintain an EEOP,pursuant to 28 CFR 42.301, et sue.
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II. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP)CERTIFICATIONS:
2] CERTIFICATION"B" (EEOP MUST BE ON FILE)
This funded entity,as a for-profit entity or a state or local government haying 50 or more employees,is receiving,through
this single grant award from the Colorado Division of Criminal Justice,more than$25,000,but less than$500,000 in
federal U.S.Department of Justice funds.
Therefore,thereby certify that the funded entity has formulated an Equal Employment Opportunity Plan in accordance
with 28 CFR 42.301,et seq.,subpart E,that it has been signed into effect within the last two years by the proper authority
and disseminated to all employees,and that it is on file for review or audit by officials of the Division of Criminal Justice
. or the Office for Civil Rights,Office ofJJustice Programs as required by relevant laws and regulations.
O CERTIFICATION"C" (EEOP MUST BE SUBMITTED)This funded entity,as a for-profit entity or a state or local
government having 50 or more employees,is receiving,through this single grant award from the Colorado Division of
Criminal Justice,more than$500,000 in federal U.S.Department of Justice funds.
Therefore,I hereby certify that the funded entity will submit,within 60 days of the award,an EEOP or an EEOP Short
Form to the U.S.Department of Justice,Office for Justice Programs,Office for Civil Rights that will include a section '
specifically analyzing the subgrantee(implementing)agency. (If you have already submitted an EEOP applicable to this
time period,send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.)
As the Authorized Official for the above Subgrantee,I certify,by my signature below,that I have read and am fully cognizant of
our duties and responsibilities under this Certification. I,here. •, .lso certify that the content of this form,other than the data
entry required,has not been altered
/%/1
[Authorized Official's signa e
[Date]
Jill • an Chairman, Board of County Commissioners
[Typed Name] [Title]
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* * * * * * * * * * •
This original signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000,Denver, CO
80215, within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the
box above. DCJ will forward a copy to the Office for Civil Rights, Office of Justice Programs, U.S.Department ofJustice.
Colorado Division of Criminal Justice Page 2 of 2 • Rev.10/2013