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HomeMy WebLinkAboutC15-500 Colorado Department of Public Safety Division of Criminal Justice JAGApplicant: Eagle County Health and Human $ervices RTJCEiVED JAni 0 { 201$89655868 Project: 2015 Eagle County System oJ Care for Youth ,r^ r_, 2015-DJ-15-00SOq0-03-3 Grant #cMs #CFOA 'State/Federal Award # 201 s-DJ"1 5-O08680-03-3 83'1 78 16.738 2015,MU-3X-0390 STATE OF COLORI\DO D e p a rtm e n t of P u b lf^?illb gl"dil g[, f f c ri m i n a I r u st i ce with Eagle Counly TABLE OF CONTENTS 1. PARTIES 2. EFF€CTIVE DAT€ AND NOTICE OF NONLIABILITY 3. RECITALS 4. DEFINITIONS 5. TERM { 6. STATEMENT OF WORK 7, PAYMENTS TO GRANT€E B. REPORTING, NOTIFICATION 7 9. GRANTEE RECORDS 10. CONFIDENTIAL fNFORMATION . STATE RECORDS 10 J 1. CONFIICTS OF INTEREST 10 1 2, REPRESENTATIONS AND WARRANTIES 11 13. INSURANCE a) 14. BREACH <t 15. REME'IE$1t 16. NOT'CES AND REPRESEN1ATIVES li 17. RIGHTS IN DATA, DOCUMEN'|S, AND COMPUTER SOFTWARE 18 1 8. GOVERNMENTAL IMMUNITY I6 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM JB 20. GENERAL PROVISIONS 2,I, COLORADO SPECIAL PROVISIONS zz 22, SIGNATURF PAGE 25 EXHIBIT A1 _ SPECIAI CONDITIONS 26 FXHIBIT A2 - GRANT REQUIREMENTS 30 EXH]3IT A3 _ COLORADO SUPPLEMENTAL PROVISIONS FOR FFATA EXHIBIT 44 - ADDITIONAI FEDERAL REQUIREMENTS 40 EXI.IIBIf B1 - STA1EMENT OF WORK 56 EXHIBIT 82 _ BUDGET AND BUDGET NARRATIVE 61 EXHIBIT C * SAMPLE OPTION LETTER 70 EXHIBIT D * SAMPLE GRANT FUNDING CHANGE IEfiE3 72 EXHIBIT E * SAMPLE CONTRACT AMENDMENT ,{*;x<* r:* *r..-n:1}r43f ,r,,.= Generate Award Documents Page 1 10/26t2415 a.:-ag C15-500 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 1. PARTIES This Grant Agreement (hereinafter called "Grant") is entered into by_and between Eagle County (hereinafter called "Grantee"), qn{ tfe STATE OF COLORADO-acting by and through the Department of Public Safety, Division of Griminal Justice (hereinafter called the "State or DCJ."). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "E-ffectivb Date"). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expen-ses incurred, or be bound by any provision hereof prior to the Efiective Date. Provided, however, that authorized Pre-award Costs incurred prior to the Effective Date may be submitted for reimbursement as provided in S7(BXv) below. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into thls Grant exists in Golorado Revised Statute 24- 33.5-503 and 507. Funds have been budgeted, appropriated and otheruvise made available and a sufficient unencumbered balance thereof remains available pursuant to United States Department of Justjce, Bureau_of Justice A3sistance, under federal statutory authority Title I of the Omnibus Grime Gontrol and Safe Streets Act of 1968, 42 U.S.C. 3701, et. Seq., as amended, and under applicable program rules and regulations established by the federal program office as referenced under CFDA number(s) 16.738 t6 ttre Goloradb Dlvision of Griminal Justice. A sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The federal Justice Assistance Grant Program (JAG) allows agencies to support a broad range of activities to prevent and control crime based on their own local needs. D. References Generate Award Documents Page2 10t26t2015 \ Applicant: Eagle Gounty Health and Human Services Profect 2015 Eagle County System of Care for Youth 89655868 201SDJ-1540868043-3 All references in this Grant to sections (whether spelled out or using the $ symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Work described in Exhibit 82 - Budget and Budget Narrative. B. Equipment "Equipment" means tangible, nonexpendable property with an acquisition cost of $5,000 or more and a useful life of more than one year. Software, regardless of cost, is not considered equipment. C. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in $6 and Exhibit 81 - Statement of Work. D. Exhibits and other Attachments The following are aftached hereto and incorporated by reference herein: Exhibit A1 (Special Conditions ), Exhibit A2 (Grant Requirements), Exhibit A3 (Golorado Supplemental Provisions for FFATA), Exhiblt A4 (Additional Federal Requirements), Exhibit Bi (Statement of Work), Exhibit 82 (Budget and Budget Narrative), Exhibit C (Sample Option Lefter), Exhibit D (Sample Grant Funding Change Letter), Exhibit E (Sample Gontract Amendment). E. Forms "Forms" are a type of document with various different blank spaces for answers or information to document or request information and attached as exhibits or provided to the Grantee throughout the term of this grant. Forms will be periodically updated, changed, modified, adjusted, transformed, amended, or altered at the discretion of the State and provided to the Grantee to best meet the needs of the information being collected and recorded. F. Goods "Goods" means tangible material acqulred, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. G. Grant "Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Golorado State law, Fiscal Rules, and State Gontroller Policies. Generate Award Documents Page 3 10t26t2015 Applicant: Eagle County Health and Human Services Projeck 2015 Eagle County System of Care for Youth ? 89655868 20 1 SDJ-1 5-008680-03-3 H, Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. l. Grant Management System "Grants Management System" (GMS) means any online electronic grant system used to solicit, apply, review, manage, and close out a grant. (Use of a GMS is established by the state agency or division managing the grant funds). J. Party or Parties "Party" means the State or Grantee and "Partles" means both the State and Grantee. K. Program "Program" means the grant program that provides the funding for this Grant. L. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in $6 and Exhibit Bl - Statement of Work and ExhibatB,2 - Budget and Budget Narrative. M. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. N. Subgrantee "subgrantee" means third-parties, if any, engaged by Grantee to aid in performance of its obligations. O. Work "Work" means the tasks and activities Grantee is requlred to perform to fulfill its obligations under this Grant and Exhibit 81 - Statement of Work, including the performance of the Services and delivery of the Goods. P. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or otherfinished or unflnished documents, drawings, models, suryeys, maps, materials, or work product of any type, including drafts. 5. TERM A. lnitial Term-Work Gommencement Generate Award Documents Page 4 't0t26t2015 Applicant: Eagle County Health and Human Services Project 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Unless othenrvise permitted in $2 above, the Parties respective performances under this Grant shall commence on the later of either the Effective Date or October 01, 2015. This Grant shall terminate on September 30, 2016 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 Golorado State Controller. C. State's Option to Extend The State may require continued performance for a period of 1 year at the same rates and same terms specified in the Grant. lf 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. lf 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. Gompletion Grantee shall complete the Work and its other obligations as described herein and in Exhibit Bi - Statement of Work on oibefore September 30, 2016. The State shall not be liable to compensate Grantee for-any Workperformed prior to the Effective Date or aiter the termination of this Grant. The State may increase or decrease the quantity of goods/services described Exhibits Bl - Statement of Work and 82 . Budget and Budget Narratlve based upon the rates established in the Grant. F tne State - exercises the option, it will provide written notice to Grantee at least {5 days prior to the end of the current grant term in a form substantially equivalent to Exhibit C - Sample Option Letter. Delivery/performanc-e of the goods/service shall continue at the same rates andterms. lf exercised, the provlsions of the Option Letter shall become part of and be incorporated into the original grant. B. Goods and Services Q1a4te9 shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Gr-ant Funds and shall not increase the maximum amount payable hereunder by the State. Generate Award Documents Page 5 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth t 89655868 201 5-DJ-1 5-008680-03-3 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 $18,360, 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 82 - Budget and Budget Narrative. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit 82 - Budget and Budget Narrative shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting payment requests to the State in the form and manner set forth and approved by the State. lf a state agency or division is using a GMS, payment requests shall be submitted ei-ectronically by the Grantee and accepted electronically by the State within the system. The Grantee shall maintain all grant related records with originalsignatures on file within the Grantee's record and in accordance with requirements in $9. ii. lnterest The State shallfully 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 paidin full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. Generate Award Documents Page 6 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 s-008680-03-3 i ii. Avai lable Fu nds-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 compehsation is contingent upon the continuing availability of State appropriations as provided in the Golorado Special Provisions, set forth below. lf 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. lf 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 recbvered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. v. Retroactive Payments [Does not apply to State Funded Programs] The State shall pay Pre-award Costs only if (1) the Federal Notice of Award allows reimbursement for Pre-award Costs by a Grantee or Subgrantee from Federal Funds or Matching Funds, or (2) the Pre-award Gosts have been specifically detailed in Grantee's grant budget, authorized by the State and incorporatbd in the Budge! for the Work described in Exhibit 82 - Budget and Budget Narrative. Any such retroactive payments shall comply with State Fiscal Rules and Grantee and any Subgrantees shall have complied with all federal laws, rules and regulatiohs applicable to the Work before the State shall mate such payments. Grantee shall initiate any retroactive payment request by submitting invoices to the State that set out Grantee's compliance with the provisions of this Grant. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may adjust budgeted expenditure amounts up lo 10o/o within each line item of said Budget without approval of the State. Adjustments in excess oI l$o/o shall be authorized by the State in an amendment to this Grant. The State's total consideration shall not exceed the maximum amount shown herein. 8. REPORTING . NOTIFICATION Reports, Evaluations, and Reviews required under this $8 shall be in accordance with the proced-ure9 of and in such form as prescribed by the State and in accordance with 519, if applicable. Generate Award Documents PageT 10t26t2015 Applicant: Eagle County Health and Human Services ProJec* 2015 Eagle County System of Care for Youth f 89655868 201 s-DJ-1 5-008680-03-3 A. Performance, Progress, Personnel, and Funds Grantee shall comply with all reporting requirernents, lf any, set forth in Exhibits A1- Special Conditions and A2- Grant Requirements and . B. Litigation Reporting Within 10 days after being served with any pleading in a legalaction 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. lf the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Colorado Department of Public Safety. C. Performance Outside the State of Golorado and/or the United States lNot appticable if Grant Funds include any federal fundsl Following the Effectlve Date, Grantee shall provide wriften 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 Golorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this $8.C shall be posted on the Colorado Department of Personnel & Administration's website. Knowing failure by Grantee to provide notice to the State under this $8.C shall constitute a material breach of this Grant. D. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this $8 may result in the delay of payment of funds and/or termination as provided under this Grant. E, Subgrants Gopies of any and all subgrants entered into by Grantee to perform its obllgations hereunder shall be submitted to the State orits principal representative upon request by the State. Any and all subgrants entered inio by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be gbVerned by the laws of the State of Golorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Generate Award Documents Page 8 '10126t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of seven years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period"). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a govemmental 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 reseryes the right to Inspect the Work at all reasonable times and places during the term of this Grant, including any extension. lf 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. lf 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. G. 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 9rant 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 p-erformed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. FinalAudit Report lf an audit is performed on Grantee's records for any fiscal year covering aportion of thd term of this Grant, Grantee shall subriit a cofy of the finai audit report to the State or its principal representative at the-address specified herein. Generate Award Documents Page 9 10126t2015 Applicant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth I 89655868 201 s-DJ,1 5-008680-03-3 1 O. CONFIDENTIAL INFORMATION€TATE RECORDS Grantee shall comply with the provisions of this S10 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, ?nd shall provide each with a written explanation of such requirements before they Cre permifted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents !n any vyaYz 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 htl State records and other confidential information wherever located. Confidential information shall not be retained in any files or othenrise 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 permifted by law, Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and corirt iwards including costs, expenses, and aftorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantee-, or assignees pursuant to this 510. 11. CONFLICTS OF INTEREST Generate Award Documents Page 10 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 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. lf 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. 1 2. 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 shallperform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority - Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, byJaws, 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. lf 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. G. Licenses, Permits, Etc. Generate Award Documents Page 11 10t26t2015 Applicant: Eagle County Health and Human Services Profect: 2015 Eagle County System of Care for Youth a 89655868 201 5-DJ-1 5-008680-03-3 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, wlthdrawal 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 lf Grantee is a "public entity" within the meaning of the Golorado Governmental lmmunity Act, CRS 524-10-101, et seq., as amended (the "GlA"), 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 GlA. 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 iequirem-ents necessary to meet Subgrantee's liabilities under the GlA. ii. Non-Public Entities lf Grantee is not a "public enti$1" within the meaning of the GlA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in 513(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 Grairt, to include insurance requirements substantially sirnilar to the following: Generate Award Documents Page 12 10t26t2015 I Applicant: Eagle County Health and Human Services Proiect: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 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 Gommercial General Liability lnsurance 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) $t,000,000 each occurrence; (b) $1,000,000 general aggregatei (c) $1,000,000 products and completed o-perations aggregate; qnd (d) $50,000 any one fire. lf 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 satislactory 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 e-ach accident combined single limit. iv. Additional lnsured The State of Golorado shall be named as additional insured on the Gommercial General Liability lnsurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 201011/85, CG 2037, or equivalent). v. Primacy of Goverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to the Grantee and Grantee shall fonrard such notice to the State in accordance with"$16 (Notices and Representatives) within seven days of Grantee's receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier sh-all waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. viii. Professional Liability Insurance Professional liability insurance with minimum limits of liability of not less than $1,000,000.00. C. Gertificates Generate Award Documents Page 13 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth ! 89655868 201 s-DJ-1 5-008680-03-3 Grantee and all Subgrantees shall provide certificates showing insurance coverage required hbreunder 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 deiiver to the State oi 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 o-f such request, supply to the State evidEnce satisfactory to the St-ate of compliance with the provisions of this s13. 14. BREACH A. Defined In addition to any breaches speclfied in other sections-of this G_rant, 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 in-stitution of proceedings under any bankruptcy, insolvency, reorganization or slmilar law, by or against Grantee, or the appointment of a redeiver 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 Gure Period In the event of a breach, notice of such shall be given in wrlting by the aggrieved Party to the 9!her Party in_the manner Plovided_in $16.If such bie?ch 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 bnd pursued with due diligence, the SQt_e may_exercis_e any of the remedies set forth in $15. Notwithstanding anythlng 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 reasdnably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES lf Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in thls 515 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in $1a(B). The State may exercise any or all of the iemedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach Generate Award Documents Page 14 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth ' 89655868 201 5-DJr-1 5-008680-03-3 lf 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. lf 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 shalltake timely, reasonable an{ necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's propefi. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. lf, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest Generate Award Documents Page 15 10t26t20't5 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth t 89655868 20 1 $DJ-1 5-008680-03-3 The State is entering into this Grant for the purpose of carrying out the public policy of the State of Golorado, as determined by its Governor, General Assembly, and/or Gourts. lf 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 shalt not apply to a termination of this Grant by lhe State for cause or breach by GrCntee, which shall be governed by 515(A) or as othenrise specifically provlded for herein. i. Method and Gontent 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 c6mply with the same obligations and rights set forth in $1s(A)(i). iii. Payments lf this Grant is terminated by the State pursuant to this 515(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies In addition to other remedies available to it: i. Suspend Performance Suspend Gra-ntee's performance with respect to all_or qtly Pgrttgn of this Grant pending necebsary corrective action as specified by the_State withorit entitli-ng Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring, costs in accordance with the State'i directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny paymenf forihose obligations not performed, that due to Grantee's actirilis 6r inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Generate Award Documents Page 16 't0t26t2015 Applicant: Eagle County Health and Human Services ProJect: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 iv. Removal Demand removal_of any of Grantee's employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or othenrise 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 Propefi lf 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 3ervices; (b) replace any Goods,_Services, or other product involved with non-iniringing proiiucts or modify them so that they become non-infringing; or, (c) if neiiher of the fgreg.oi n-g a lternatives are ieasonably available, remove'ahy i nfri n gi n g Goods, Services, or products and refund the price paid theiefore to the State. 16. NOTICES and REPRESENTATIVES . Each individual identified below is the principal representative of the'designating Party. All notices required'to be givenhereunder shali be hand delivered with receipt required or sent by certlfied 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 t9 tfe e-qai-l addresses, if any, sgt forth below. EitherFarty may from time to time designate by written hotice substitute addresses drpersons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Jeanne M. Smith, Director Division of Criminal Justicepepartment of Public Safety 700 Klpling Street Denver, Colorado 8021 5-5897 jeanne.smith@state.co.us (303) 23s-4r',51 B. Grantee: Kathy Chandler-Henry, Board of County Commissioners Ghair Eagle County Government 500 Broadway Eagle, CO 81631.0850 lqlhychand lerhen ry@eag lecou ntlr.us 970-328-8605 Generate Award Documents Page 17 10t26t201s Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 s-008680-03-3 17. RTGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, pho!-ggr.aphs,.negatives or other documents, drawings, models, materials, or Work Product 9t any type, including drafts, prepared by Grantee in the performance of its <iSliqations unider this Grant shall be the noncxclusive property of the Stat6 and, att Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State's non-exclug'1ve rights in such Work Product shall include, but not be limited to, the right to coPV, publish, display, transfer, and prepare derivative works. 1 8. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing _herei_n shall constitute a wai-ver,-express or implied, of any of the imm_unities, rights, benefits, protection, of other provisions of the Golorado Governmental lmmuni$Act, GRS 524-10-101, et seq., as amended. Liability-fgr claims for iniuries [o persons or property arising from the negligence of the State of C6lorado, ils departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisiorts of the Governmental lmirunity Act and the risk management statutes, CRS 524€0-1501, et s€Q., as amended. {9. STATEWIDE CONTRACT MANAGEMENT SYSTEM lf the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this $19 applies. Grantee agrees to be governed, and t9 qbi{q,_Qy_tltg provjs_io1tq _oJ _CRS s24-1 02-2dS, SZA-1 O 2-2A6, 524-1 03-60 1, S24-l 03. 5-l 0 1 and $24-1 0 5-1 02 Eoncerning the monitoringof vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System (CMS). Grantee's performance shall be subject to Evaluation and Review in accordanc-e with the terms and conditions of this Grant, State law, including CRS 524-103.5.101, and State Fiscal Rules, Policies and GuidancE. Evallation 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 Svstem.-Areas of Ev-aluation and Review shall include, but shall not be limiteO to quality, cost and timeliness. Collection of information relevant to the perforrirance of Grantee's obligations under this Grant shall be detdrmined by the specific requirements of such oblig3tions and shall include factois tailoied to match the requirements of Grantee's obliqations. Such performance information shall be entered into the statEwide Gontract Management System at intervals established herein and a final Evaluation, Review and-Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Generate Award Documents Page 18 101261201s Appllcant: Eagle County Health and Human Services Proiect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel & Administration (Executive Director), upon request by the Colorado Department of Public Safetlr, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Ratlng by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS 524-105-102(6)), or (b) under CRS 524-105-102(6),exercising the debarment protest and appeal rights provided in GRS SS24-109-106, 107,201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subiect to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherurise provided in S20(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 assrgns. G. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Gounterparts This Grant may be executed in multiple identical originalcounterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Generate Award Documents Page 19 10t26t2015 Applicant: Eagle County Health and Human Services Proiect: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 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, e_xpenses, and aftorn-ey fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to tlre 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 Golorado Governmental lmmunity Act, CRS 524-10-101 et seq., or the FederalTort Claims Act, 28 U.S.C. 2671 et sGg., 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 Grantis subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementin-g- 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. l. Order of Precedence The provisions of this Grant shall govern the relationslip of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority:i. Exhibit A3- Golorado Supplemental Provision for FFATA;ii. Colorado State Special Provisions; iii. The provisions of the main body of this Grant; iv. Exhibit A4- Additional Federal Requirements;v. Exhibit A2- Grant Requirements;vi. Exhibit A1 - Special Conditions; vii. Any executed Option Letter; and/or any Grant Funding Ghange Letter; and/or any executed Gontract Amendment in which the most recent dated document takes precedence over the prior documents; viii. Exhibits 81- Statement of Work and 82- Budget and Budget Narrative. J. Severability Generate Award Documents Page20 1012612015 Appllcant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Provided this Grant can be executed and performance of the obllgations ofthe Parties accomptished within its intent, the provisions hereof ire severable and any provision that is declared invalid or becomes inoperable for anir ieason shall not affect the vatidity oiany ottrerprovision hereof. K. Survival of Gertain 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 bv the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from allfederal excise taxes under IRC chapter 12 (No. 84-7301?qK) and from all State and local government sales and use taxes under CRS SS39-26-101and 201 et.seq. Such exemptions apply when materials are purchased or services rendered to behefit thd Stite; provided however, that_certain political subdivisions (e.9., city of Denver) may_require payment of sales or use taxes even thoughlhe pioduct or service is provided to the state. Grantee shall be solely liablb 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 !q the Parties, and not to any third party. Any seruices or benefits which third parties receive as a result of this drant -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 remed_y hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a uiaiver of any subsequent_breach of such term, provision or requirement, or of iny other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under cRS 524-103.5-101, if any, are 3ubject topubf ic release through the Golorado Open Records Act, CRS E24-i2-101,et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Generate Award Documents Page21 10t26t2015 Applicant: Eagle County Health and Human Services Projec* 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in [bracketsl. A. CONTROLLER'S APPROVAL. CRS 524-30-202 (11. This Grant shall not be deemed valid until it has been approved by the Colorado State Gontroller or designee. B. FUND AVAILABILITY. CRS S24€0-202(s.5). Financial obligations of the State payable after the current fiscal year-are contingent upbn 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, protection-s, or other provisions, of the Colorado Governmental lmmunity Act, CRS 524-10-101 6t seq., or the FederalTort Claims_Act,28 U.S.C. SS1346(b)-and 2671et 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 o_r employqe of Grantee shall be deehed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemp[oltme1t insurance or workers compensation benefits through the S_tate and the State shall not pay for or oiherwise provide such-coverage for Grantee_or any of its agents or employees. Un-employment insurance benefits will be available to-Grantee arid ifs employeeb ahd agents only if such coverage is made available by Grantee dr a third party. Grantee shall pay when due all applicable -employment taxes and income taxes and local head taxes iridurred pursuanl to this Grant. Grantee shall not have auth-orization, express or implied, to bind the State to any agreement, liability or unberstandin!, except as expressly set forth hgrein. Grantee shall (a) provide and keep in force workers'compensation and unemployment tompensation idsurance in the amounts _required by_ law, (b) pr.gyid-e proof ther6of 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 regutatiois in eff6ct or hereafter established, including, without limitdtion, |afrs applicable to discrimination and unfair employment practices. Generate Award Documents Page22 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 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 othenvise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person.Any provision to the contrary in this Grant or incorporated herein by reference shall be nulland 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 teim 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. lf 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 reme-dy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. GRS 5524-18-201 and 24-50-5A7. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the seruice or property described in thls Grant. Grantee has no Interest and shall not aCquire any interest direct or indirect, that would conflict in any manner or degree wlth the performance of Grantee's seryices and Grantee shall not employ any person having such known interests. J. vENDoR OFFSET. CRS 5524-30.202 (1) and 24-30-202.4. [!qt _appllcabb _to i ntergovernmental agreements] S ubject to GRS 524-30-202.4 (3.5), the State Controller may withhold payment under the State's vendoi offset intercept system for -debts owed t6 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 Gompensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicialaction. Generate Award Documents Page 23 10t26t2015 Applicant: Eagle County Health and Human Services Projec* 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 K. puBLtc GRANTS FOR SERVTCES. CRS S8-17.s-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, s ponsored proj ects, i ntergovern me ntal ag reements, or i nformation technology services or products and servicesl Grantee certifies, warrants, and agrees that it does not knowingly employ or contractwith an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS S8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or State progr?g proce_dures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shallterminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to GRS S8-17.5- 102(5), by the Golorado Department of Labor and Employment. lf Grantee partidipates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notCrized 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. lf Grantee fails to comply wlth any re{uirement of this provision or GRS S8-17.5-101 et seq., the granting Stdte agency, institution of higher education or political subdivision may terminaite this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. puBLtc GRANTS WlrH NATURAL PERSONS. CRS 524-76.5-101. 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 cltizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS 524-76.5-101 et S€9., and (c) his produced one form of identification required by CRS 524-76.5-103 prior to the effective date of this Grant. Generate Award Documents Page24 10t26t20't5 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Agency or By: Kathy Signature: 22. SIGNATURE PAGE Routing #:83178 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. STATE OF COLORADO Justice to the State Gontroller or delegate that Grantee has not or that a Statutory Violation waiver has been under Fiscal Rules LEGAL REVIEW Robert ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS 524€0-202 requires the State Gontroller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. lf Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grante.e for such performance or for any goods and/or services provided hereunder. John W. Hickenlooper, GOVERNOR Department of Public Safety, Division of Stan Hif key, Execul/e Direbtor By: Jeanne Signatory a begun perfr Cynthia H. Coffman, BAj Procurement By: Generate Award Documents Page25 10t26t2015 Applicant: Eagle County Health and Human Services Profect: 2015 Eagle County System of Care for Youth 89655868 20 1 s-DJ-1 5-008680-03-3 EXHIBIT A1 - SPECIAL CONDITIONS 1. The Grantee shall submit to the Division of Crlminal Justice (DGJ), who will then fonrard to the Bureau of Justice Assistance, one copy of all reports and proposed publications resulting from this agreernent thirty (30) days pribr to public release. Any written, visual, or audio buUlicdtiohs, with-the exception of piess releases, whether published at ihe grantee's or government's expense, shall contain the following statements: "This project was supported by Grant #2015.MU-BX-0390 awarded by the Bureair oi Justice As-sistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bure'au of Justice Statistics, the Nation-al Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in the document are those of the author and do not represent the official position or policles of the United States Department of Justice." Any Web site that is funded in whole or in part under this award must inciude the following statement on the hodre Pa9e, on all major entry pages (i.e., pages (elclusive of documents) whose primary purpose is to'nailgaie th6 user tb interior content), and on any pages from which a visitoilnay access or use a Webiased service, including any pages that provide results or outputs from the service:z'This Web site is funded [insert "in part," if applicable] through a grant from the Bureau of Justlc-e Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice norany of its bomponents operate, control, arq lespolslble_ for,_or necess.arily_ endors6, this Weli site (including, without limitation, its content, technical infrastructure, and polidies, and any services or tools prgv-i-ded)." The full text of the ioregoing statement must be clearly visible on the home page.On other pigeq the statemelt qay be included-Jltr9-ug! a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 2. The Division of GriminalJustice, its federal funding agency, and others authorized by the Division, shall haveirrevocable, non-exclu-sive, ro-yal$l- free ticense tb any invention and the right to reproduce, Ffblish and use any materials, in whole or in part, which are produced under a contract, paid for with grant funds. 3. Program income (as defined in the Part 200 Uniform $equ!ry-q9qt-s) must 5e used in aciordance with the provisions of the Part 200 Uniform Requirements. Program income, if allowed under this grant, earnings and exp'enditures both must be reported quarterly to DGJ. Generate Award Docu ments Page26 10t26t2015 Applicant: Eagle County Health and Human Services ProJect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 4. The Grantee agrees to comply with the requirements of 28 G.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainmentbf Institutional Review Board approval, if appropriate, and subject informed consent, 9. fhe Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37899 and G.F.R. Part 22that are applichble to collection, use, ?nd revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accordance with requirements of 28 C.F.R. part22 and, in particular, section 22.23. 6. Grantee understands and agree that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be acCessed here: https ://wwrrtr.bja.gov/fu nding/JAGControl ledPurchaseList.pdf. 7. Grantee understands and agrees that award funds may not be used for items that are listed on the Gontrolled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA and DGJ. The Gontrolled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https ://wunr. bja.g ov/fu nd in g/JAG Gontrol ledP urch aseList.pdf. 8. Grantee understan{s_and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) a.n^y federally-acquire4 Controlled Equipment in the agency's inventory, ?ng 2) any other controlled equipment in the same category as the federa-lly-acq_u ired control led equipment in the agency'J i nventory, regardles_s of source; and m-ate that Information available to BJA upon request. Details about what information must be collected and retained may be accessed here: https://wurur.whitehouse.gov/sites/defaulUfiles/docs/le_equipment_wg_fina l_report_final.pdf. Generate Award Documents Page27 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 9. Grantee understands and agrees that, notwithstanding 2 CFR S 200.313, no equipment listed on the Gontrolled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that ?pproval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Gontrolled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. b. Agencies may not transfer or sell any Gontrolled Equipment purchased under this award to non-LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such trans-fer ofsale ls finalized, the agency must obtain prior written approval from BJA. All law enforcement-related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Grantee further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this awaril, and to abide by any applicable laws and regulations in such disposal. 10. Grantee understands and agrees that failure to comply with conditions related to Prohibited or Gontrolled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 11. Food and beverages are not allowed per federal regulations unless prior approval has been received from the Office of Justice frggram_s.(O.lp).-Permission for such expenditures must be requested through DCJ wno i,vilt work with OJP. DCJ will contact grantee when/if such permission has been granted by OJP and no funds can be expended for food and beverage Intil sucliapproval has been communiiated to grantee by DCJ. 12. Gatl cards and other similar incentives of any kind for program participants are not permitted with federal funds from the Office of Justice Programs (OJP). Generate Award Documents Page 28 10t26t2015 Applicant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 13. The Office of Justice Programs (OJP) revised its "Policy and Guidance for Gonference Approval, Planning and Reporting". This policy defines conferences broadly to include meetings, retreats, seminars, symposiums, events, and group training activities. ln response to these changes, DGJ created a form that all grantees must complete for each meeting for which federal funds will be spent. There is no need to submit this form to DGJ if you respond NO to all the questions, but complete and keep the form in your file for auditing purposes. lf any answers are YES, contact your DGJ grant manager immediately to assure those expenses can be paid for with federalfunds. The DGJ Gonference Policy and Certification Form is located at http://dcj.oajja.state.co.us/grant-programs/iustice-assistance- g rantlja g-repo rti n g -form s. 14. The Office of Justice Programs (OJP) has created a Frequently Asked Questions (FAO) discussing how twelve-step programs are consideredQuestions (FAO) discussing how twelve-step programs are considered inherently (or explicitly) religious activities under federal civil rights laws and provides subrecipients quidance on the conditions under whlch thel inherently (or explicitly) re and provides subrecipientients guidance on the conditions under they rights laws as a part of the services they provide. For further inform and to access the Frequently Ask Questions (FAO) document, go to http://ururw.ojp.usdoi.gov/abouUocr/pdfsffwelveStr AQs.pdf. lf you have questions regarding this OJP yPrograms_F and include twelve-step programs in your menu of services, please contact your DCJ Grant Manager. 15. The Grantee agrees to participate in a data collection process measuring program outputs and outgomes; and to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 16. This will be the last year this project is eligible for federal funding. Generate Award Documents Page29 10t2612015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 s-008680-03-3 EXHIBIT A2 . GRANT REQUIREMENTS The following terms as used herein shall be construed and interpreted as follows: 1. REPORTS The Grantee assures that it shall maintain data and information to provide accurate program and financial reports to the State. Said reports shall be provided ln such form, at such tlmes, and containing such data and information as the State reasonably requires to administer the program. DCJ requires that reports/forms are submitted either by paper or in an electronic Grants Management Systems (GMS). lf you are required to submit a paper form to DCJ ensure you are using the most current reports/forms by downloading it from the DCJ website address: dcj.state.co.us. The Grantee shall maintain all grant related records with orioinal siqnatures on file within the Grantee's record and in aecordance wit6 requiiements in $9 of the body of the grant agreement. Reports for this graht shall be submitted using a GMS unless otherwise notified. A. Quarterly Financial Reports Grantee shallSubmit Financial Reports quarterly. Reports are required to the State for each quarter within 15 days after the quarter ends. B. Quarterly Programmatic (Narrative) Reports Grantee shall submit Narrative Reports on the progress on the grant quarterly. Reports are required to the State for each quarter within 15 days after the quarter ends. C. Final Financial Report Grantee shallsubmit 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. D. Final Programmatic (Narrative) Report Grantee shall srlbmit a Final Narrative Report to the State upon expiration or sooner termination of this Grant containing details of accomplishments and highlights, self-evaluation and review of Grantee's performance based on ExhibitBl - Statement of Work and the final status of Grantee's obligations hereunder. Reports are required to the State within 45 days of the end of the Grant. E. Reporting Non-Compliance Resolution Grantee's failure to provide reports and other grant requirements, meet monitoring site visitevaluations and notify the State in a timely manner in accordance with 58 of the body of the grant agreement may result in the delay of payment of funds until a final resolution is determined and/or term-ination as provided under this Grant. The Division of Crimlnal Justice (DCJ) staff and the Grantee will mediate any non-compliance issues for a iesol-ution. lf DCJ staff and the Grantee cannot negotiate a resolution, the issue can be elevated to the Director of the DGJ for final resolution. Generate Award Documents Page 30 1012612015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 F. Reporting Non-Compliance Resolution JAG Accountability Measures are utilized to understand the impact of JAG funding as it relates to JAG and BJA's mission. The BJA Perfoimance Measurement Tool supports BJA grantees ability to identify, collect, and leport performance measurement data on activities funded by their award. It is a requirement that every grant awarded through the Justice Assistance Grant funds must use the PMT to report quarterly within l5 days of the quarter close date. 2. SUBGRANTS Any and allsubgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws, shall adhere to the provisions of this grant agreement, and shall provide that such subgrants be governed by the laws of the State of Golorado. Gopies of any and all subgrants entered into by Grantee to perform its obligafions hereunder shall be submitted to the State or its principal representative upon request by the State. 3. FINANCIAL AND ADMINISTRATIVE MANAGEMENT A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be rnaintai-ned to_assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. B. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. C. The Grantee assures that it will comply with the applicable Administrative Guide of the Division of Griminal Justice, which is hereby incorporaled by reference. However, such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations.) 4. PROCUREMENT AND CONTRACTS A. Grantee assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item, with a useful life of at least one year) must receive prior approval by the State. Grantee shall submit Folm i6 -Professional Services/Gonsultant Gertification and/or Form 13 -Equipment Procurement Gertification Form. B. Grantee may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. - 5. AWARD CHANGE REQEUSTS pranteg may request budget modifications by submitting a request to the State. The State reseryes 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 granl award dates, changes in goals and objectlves, and other modifications which do not change the total amount of the Grant Award. The State's total consideration shall not exceed the maximum amount shown herein. Generate Award Documents Page 31 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 6. ADDITIONAL MONITORING REQUIREMENTS It is the responsibility of the Grantee to notify any of its project collaborators and Subgrantees of these provisions. A. On-Site Monitoring On-site monitoring may be conducted during the term of the grant. Onsite monitoring shall include but not be limited to,-review of financial records, payroll do-cuments, equipment purchases and the equipment, and/orcase iedord monitoring. Ad:ditional monitoring site visits may be required based on findings or cohtinued inaccurate invoice reimbursement r_eqqests. Grantee shall be notified in advance of on-site monitoring schedule. B. Monitoring Detailed monitoiing may occur during the proiect period. The State may periodically requesl su6mission of supporting financial and programmatic tocumentCtion, 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 vidits-may be conducted at the Grantee/Subgrantee agency, and at the location of any collaborating entities, for the same purpose. Grantees will be notified in advance of any on-site monitoring visit. 7. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE A. The Grantee assures that where activities supported by this Grant produce any discovery or invention, orlginal computer programs, writing, 3ound recoidings, pictorial reproductions, drawing or other graphical representation and works of any similar nature, the following requirements apply: (1) The State has the right to use, duplicate and disclose, the above materiai in whole or in part in any manner for any purpose whatsoever and authorize others to do so. (2) lf the materiat or invention is copyrightable, the Grantee may copvridhf such, but the State reseryes a perpetual, royalty free, non' exiiusi-ve and irreversible license to practice, reproduce, publish and use such materials in whole or in part, and authorize others to do so. (3) When issuing statements, press releases, requests for proposil3, bid solicitations, and other published documents describing .. irojects oi 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 proiect, which will be financed with this grant money; (b) State the dollar amount of state or federal funds for the project or program; ic) Use the phrase+This projectyai 9upp94e-d 9y federal gr.ant 2015-MU-BX-0390, issired by the Golorado Division of Criminal Justice." B. The exception is Work Products that contain criminaljustice records where each individual unit or agency will be subiect to the rules and regulations. Generate Award Documents Page32 10t26t2015 Applicant Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 8. MATCH Grantee must provide documentation of the non-federal portion of the match used for this grant award. Match requirements are listed in Exhibit 82 - Budget and Budget Narrative and is subject to audit. For more information about match, see the 2015 DOJ Financial Guide 3.3 MATGHING OR COST SHARING REQUIREMENTS or contact your grant manager. 9. FEDERAL AWARD(S) AppLtCABLE TO THIS GRANT AWARD Federal Award Number Federal Award Offlce Federal Award Agency Federal Award Number Total Amount of Federal Award (thls is not the amount of thls grant agreemenl) Total Amount of Federal Funds Obligated for ALL projects from DCJ for the above llsted fundlng source for this Grantee ls this Award for Research and Development (R&D)? Federal Funding Grid Generate Award Documents Page 33 10t26t2015 Applicant: Eagle County Health and Human Services Proiect: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 EXHIBIT A3. COLORADO SUPPLEMENTAL PROVISIONS FOR FFATA STATE OF COLORADO SUPPLEMENTAL PROVISIONS FOR FEDERALLY FUNDED CONTRACTS, GRANTS, AND PURCHASE ORDERS SUBJECT TO THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA), AS AMENDED REVTSED 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 aftachments or exhibits incorporated into and m.aqe a part-of the co-ntract, the provisions of these Supplemental Provisions shall control. Generate Award Documents Page 34 10t26t201s Applicant: Eagle County Health and Human Services Profect: 2015 Eagle County System of Care for Youth 8965s868 201 s-DJ-1 5-008680-03-3 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. Gontracts; 1.1.3. Gooperative agreements, which do not include cooperative research and development agreements (GRDA) pursuant to the FederalTechnology Transfer Act of 1986, as amended (15 U.S.C. 37{0); 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 1.1.11above. 1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes Grantees, Sub-grantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number" means the nine. digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: hftp://fedgov.d nb.com/webform. 1.5. "Entity" means all of the following as defined at 2 GFR part 25, subpart G; 1.5.1. A governmental organization, which is a State, local government, or lndian 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-Federalentity. Generate Award Documents Page 35 10t26t20't5 Applicant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 20 1 s-DJ-1 5-008680-03-3 1.6. "Executive" means an offacer, managing partner or any other employee in a management position. t.Z. "f-ederal Award ldentific-ation 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 109-2821, as amended by 56_202 of Public Law I 10- 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 Subr-ecipient, in exchange for the Subrecipient's _suppo{ in the performhnce of all or any portion of the substantive project or program for which the Award was granted. 1.11. "subrecipient" m-eans a non-Federal Entity (or a Federal agency under an Awaid or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal proiect or piogram for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Piime 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 subregjp_ignt parent organization'sgdigit Data Universal Numbering System (DUNS) number thit appears in the-subrecipient's System for Award Management (SAM) profile, if applicable. i.13. "supplemental Provisions" means these Supplemental Provisions for Federally Funded Gontracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Actof 2006, As Amended, as m-ay be revised pursuant to ongolng guidance from the relevant Federal br State of Golorado agency or institution of higher education. 1.14. "system for Award Management (SAM)" me_ans the Federal repositdry into which an Entity must enter the information required under thb Transparency Act, which may be found at http:wurur.sam.gov. Generate Award Documents Page 36 10126t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Gare for Youth 89655868 20 1 s-DJ-1 5-008680-03-3 1.15. "Total Gompensation" means the cash and noncash dollar value earned.by a_n Executive during the Prime Recipient's or Subrecipient's prgcqdr4g 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 re_cog__nized for financial stit-ement repor{ing- purposes with respect to the fiscal year in accordance with tlie Statement of FinancialAccounting Standards No. 123 (Revised 2005) (FAS i23R), Shared Based Payments; ll.1 9.3., Earnings for services under non-equity incentive plans, not including group life, health, hospitalization oi 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.9. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $1 0,000. 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by S62b2 of Pubfic Law 110-252. The Transparency Act als6 is referred to asFrern. 1.17 "Yendor" means a dealer, distributor, merchant or other sellerproviding p-rgperty or service_s pqulred 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. Gompliance. Gontractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant ihereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions gl regul-ations shail automatically become a part of these Supplemental Provisions, without the necessity of either iartyexecuting any further instrument. The State of colorado may prbvidle written notification to Gontractor of such revisions, but such irotice shall not be a condition precedent to the effectiveness of such revisions, 3. System !91{qard 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 Gontractor submits the final finanbial report required under the Award or receives final payment, whichever is latel. Contiactor shall review and update the SAM information at least annually after the initial rygigt1qt1on, and more frequently if required by change5 in its information. 3.2. DUNS. Gontractor shall provide its DUNS humbei to its prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initiat registration, and more frequenfly if required by changes in Gontractor's inlormation. Generate Award Documents Page 37 10t2612015 Applicant: Eagle County Health and Human Services 89655868 201 5-DJ-1 5-008680-03-3ProJect: 2015 Eagle County System of Care for Youth 4. Total Compensation. Gontractor shall include Total Gompen-sation 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. lnthe preceding fiscal year, Contractor received: 4,2.1.80% or more of its anhual gross revenues from Federal procurement contracts and subcontracts and/br Federalfinancial 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 hssistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compeniation of such Executives through periodic reports filed unde_r section 13(a) or 15(d) of the Securities Exchange Act of 1991_(15 U.S.C. 78m(a), 78b(d) or $'6104 of the Internal Revenue Code of 1986. 5. Reporting. Gontiactor shall report data elements to SAM and to the Prime-Recipient as required in $7 b6low if Gontractor is a Subrecipient for the Award pursu'ant to the Transparency Act. No direct payment shall be made to bontractor for providihg any-reports required under these Supplemental Provisions and the cosf of producing such reports shall be included In the Gontract price. The reporting requirements in $7 below are based on suidance-from the US Office of Management and Budget (OMB), and as 5uch are subject to change at any time by OMB. Any such changes shall be automatic-ally incorpoiated into this Contract and sha{be_c_ome part of Gontractor's obligations under this Contract, as provided in $2 above. The Colorado Office of the State Gontroller will provide summaries of revised OMB reporting requirements at http ://winrrv.colorado. g ov/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. Report'mg requirements in $7 bqlgy apply to n-ew Awards as of October 1, 2O1A, if the initial award is $25,000 or more. lf the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subiect to the reporting requirements as of the date the Award exceeds $25'000. lf 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 Page 38 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Gare for Youth 89655868 201 5-DJ-1 5-008680-03-3 7. Subrecipient Reporting Requirements. lf Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each FederalAward ldentification 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 it more than one electronic funds transfer (EFT) account; 7.{.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, Gity, State, Gountry, 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. 7.2To Prime Recipient. A Subrecipient shall report to its Prime Recipient, uporl the effective date of the Gontract, 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 Gongressional 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 hisor her name. 8.2 A Contractor with gross income from all sources of less than $300,000 i_n lhe previous tax year is exempt from the requirements to report Subawards and the Total Compensation of lts 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 ot 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 Golorado rnav terminate the Gontract upon 30 days prior written notice if the default remains uncured five calend{ {ay-s follo-wing 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 Contrabt, at law or in equity. Generate Award Documents Page 39 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 20 1 5-DJ-1 5-008680-03-3 EXHIBIT A4 - ADDITIONAL FEDERAL REQUIREMENTS 1. FINANCIAL & ADMINISTRATIVE MANAGEMENT A. FINANCIAL GUIDE Grantee agrees to comply with the current edition of the US. Department of Justice-(DOJ) Grants Financial Guide as posted on the Office of Justice Prog rams (OJ P) website (http//oi p. gov/fu ndin g/). B. FEDERAL AWARDS ISSUED AFTER DEGEMBER 26, 2014.2 CFR PART 2OO UNIFORM REQUIREMENTS Grantee agrees to comply with the Uniform Administrativ_e_ Requirements, Gost PrinCiples, and Audit Requirements in G.F.R. Part 200, as_ldopted and supple-mented by the Department of Justice{DOJ} in 2 G.F.R Part 2800 (the "Part 200 Uniform Requirements") apply to this award from the Officrj of Justice Programs (OJP). For this award, the Part 200 Uniform Requirements, which-were first adopted by DOJ g,! ^Dgcgtrber 26, ?914, sup-ersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 G.F.R. Parts 215,22A,225, and 230.Grantee agrees to comply with the current edition of the U.9. Department of Justice (DOJ) Grants Financial Guide as posted on the OJP website (http ://oj p. gov/f u nd i n g/). 2. FEDERAL FUND PROHIBITIONS AND ALLOWANCES A. USE OF FEDERAL FUNDS IN LAWMAKING Grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, -modification or adoption of any law, regulation or policy, ?! qny level of government, without the express prior written approval of DGJ, in order to ivoid violation of 18 USC S 1913. DGJ will obtain the appropqiate approvals from the federal awarding bffice (Office on Violence Against Women (OVw) or oJP). Recipients of OVW grant dollars may, howeYer, use federalfunds to collaborate with and- provide information to federal, state, local, tribat- and territorial public officlals and agencies to develop and implement policies and develbp and promote state, local, or trlbal legislation or model codes designed t6 reduce or eliminate domestic violence, dating violence, sexual assalrlt, and stalking (as those terms are definedin 42 USC 13925(a)) when such collaboration Cnd provision of information is consistent with the activities otherwise authorized under this grant program. Generate Award Documents Page 40 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County Systern of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 B. CONFERENCE COSTS Grantee_agreeg to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and-reporting requirements, where applicable) governing the use of federal fund-s for expenses related to conferences(which is defined to include meetings, retreats, sem_inar_s, symposiums, trainings, and other events, includihg theprovision of food and/or beverages at such events, and costs of attendance at such events. Information on rules applicable to this award appears in the DOJ Grants Financial Guide for OJP awards and at http ://www.ovw.usdoj.gov/g rantees. htm I for OWI awards. C. PROHIBIT USE OF FUNDS FOR ACORN AND ITS SUBSIDIARIES Grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contractbr subaward to either the Association of Community Organizations for Reform Now (ACQRN) or its subsidiaries,without the express prior written approval of the federal awarding office (OJP or OVW). D. COMPUTER NETWORK REQUIREMENT Grantee understands and agrees that. (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,- downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, orlocal l w enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. E. DUPLIGATION OF FUNDING Grantee agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this DCJ award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this DGJ award, the grantee will promptly notify, in writing, the grant-manager for this DCJ award, and, if so request-ed by DGJ, seek a modification to the grant award to eliminate any inappropriatb duplication of funding. Further, the grantee agrees and understairds that any- duplicative funding that cannot be re-programmed to support non- duplicative activities within the program's statutoly scope will be deobligated from this award and returned to DCJ. F. NON€UPPLANTING OF FUNDS (1) Qra_ntee certifies that any required matching funds used to pay the non-federal portion of the cost of this grant award are in addition to funds that would have otherwise been made available for the purposes of this project. (2) 9ranteecertifies that federal funds made avallable under this grant: (a) Will not be used to supplant state or localfunds. (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 hecessitated even if federal financial support under this federal grant program had not been made available. Generate Award Docu ments Page 41 10t2612015 Applicant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 G. INDIRECT COST RATE This provision is application to OJP awards. A grantee that-ls eligible undei the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 G.F.R.200.414(fl, and that elects to use the "de minimis" indirect cost rate, must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). H. CONSULTANT RATE Approval of this award does not indicate approval of any ^c^on_sultant rate , if cbnsultants are allowed under this award, in excess of $650 per day or $S1.25 per hour. A detailed justification must be submitted to DCJ with DCJ Foim 16 (Professional Services/Consultant Gertificate) and approved by the federal awarding office (OJP or OVW) prior to obligation or eipenditure of such funds. DCJ will fonrard requests to the federal awarding office (OJP or OVW) for approval. I. EMPLOYEE COMPENSATION [Applicable to awards greater than $250,0001 Federalfunds may not be us-ed to pay cash compensation (salary plus bonuses) to any employee of the award iecipient at a rate that exceeds 1{0% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Gertified SES Performance Appraisal System ior that year. (An award recipient may go_tlpensate an employee at ahigher rate, provided the amount in excess of this compensation limithtion is paid with non-federal funds.) J. SIMPLIFIED ACQUISITION THRESHOLD All procurement (contract) transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law, and with Federal procurement standards specified in regulations governing Federal awards to non-Federal entities. Procurement (contract) fransactions should be competitively awarded unless circumstances preclude competition. Noncompetitive (e.9., sole source) procurements by ihe award recipient in excess of the Simplified Acquisition Threshold (currently $150,000) set out in the Federal4gquisition Regulation_must ieceive prior approval from the awarding office, and must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide. 3. AUDIT REQUIREMENTS A. The Grantee must submit the most recent audit or financial review to DGJ within thirty (30) days of the start of this project. Generate Award Documents Page 42 1012612015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 s-008680-03-3 B. The Grantee assures that it will procure an audit or financial review, incorporating this grant award, by an independent Gertified Public Accountant (GPA), licensed to practice in Golorado. (1) Grantee fiscal years beginning on or after December 26,2014.lf your entity expended $750,000 or more in Federalfunds (from allsources incfuding pass-through subawards) in your organization's fiscal year (12- month turnaround reporting period), then you are required to arrange for a single organization-wide audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (S 200.500 et seq.). (2) Grantee fiscal years beginning before December 26,2014. lf your entity (other than a for-profiUcommercial entity) expended $500,000 or-more in Federalfunds (from all sources including pass-through subawards) in your organization's fi scal year (1 2-month turnaround reporting period), then you are required to arrange for a single organization.wide audit conducted in accordance with the provisions of Office of Management and Budget (OMB) Gircular A-133 Gompliance Supplement 2014. (3)_lf your entity expends less than the applicable audit thresholds a year in Federal awards (listed above), 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. C. 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 thls 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. D. The Grantee accepts responsibility for the costs of a financialprograp audit to be performed by the Department of Public Safety in the event that the audit report or financial review: (1) does not meet the applicable federal audit or DCJ standards; (2) is not submitted in a timely manner; or, (3) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. _E. fhg g-Ianta-_e_ understands and agrees that DCJ or the federal awarding office (OJP or OVW) may withhold award funds, or may impose other related requirements, if the grantee does not satisfactorily and promptly address outstanding issues from audits required by Pat 200 Uniform Requiremgqtg or OMB Gircular A-133, by the terms of this award, by the current addition of the DOJ Grants Financial Guide, or other outstahding issues that arise in connection with audits, investigatlons, or reviews of- DOJ awards. 4. CIVIL RIGHTS COMPLIANCE The Grantee hereby agrees that it will comply, and all of its Subgrantees will comply, with the applicable provisions of: Generate Award Documents Page 43 10t26t2015 Applicant: Eagle County Health and Human Services Prolect 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 A. MEETING THE EEOP REQUIREMENT Grantee acknowledges that failure to submit an accepJable Gertification of G o m pl i a n c e wi t h Re g u I ati o n s Re_g a rd i 4 I _C!v1 ! Ri g_h ts_ Re q qr Ie m e nts a n d equil Employment Opportunity Plans (EEOP) -DCJ FgrT 30 may result in su'spensidn of fundin-g-until subh time as the_grantee i9 itt compliance, or termination of the award. Upon award, each Grantee will be required to do the following: (1) The Proi-ect Director must view all of the trainings on Givil Rights ivailable oi DCJ's website and acknowledge by providing an original signature that the proiect's staff will be made aware of all obligations regarding Givil Rights compliance; (2)' Subrtit the fofrn to the brantee Agency's Authorized Official for this grant; [g) flle Authorlzed Officlal must review the form in conlunction with Giantee personnel responsible for reporting civil rights findings of discrimination; (4) The Authorized Official must accurately complete the required iniormation and provide all information requested; (5) The Authoriz-ed Official must provide an original signature on the form as indicated; (6) The DGJ Form 30 with original signature must be returned to DGJ with the Grant Agreement; and, (7) A copy of the DGJ Form 30 must be forwarded to the Grantee idrsonnbl responsible for reporting civil rights findings of discrimination at your agency/organization. DGJ will fomrard a copy to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. B. MEETING THE REQUIREMENT TO SUBMIT FINDINGS OF DISCRIMINATION lf in the three years prior to the date of the grant award, your organization has received an advbrse finding of discrimination based on race, color, national origin, religion, or sex,after a due-process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the DGJ within 45 days of redeipt of this grant award. DGJ will forward a co_py_ to the Office for Civil Rights (OCR) a-t federal awarding office (OJP or OVW). C. ENFORCING CIVIL RIGHTS LAWS All recipients of federal financial assistance, regard_less of the particular fundind source, the amount of the grant award, or the number of emploiees in the workforce, are subject to prohibitions against unlawful disbririrination. Accordingly, the OGR investigates recipients that are the subiect of discrimination complaints from both individuals and groups. In addition, based on regulatory briteria, the OCR selects a number of recipienis each year for com-pliance reviews, auditsthat require_recipients to sirbmit data showing that they are providing seruices equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Generate Award Documents Page 44 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 tDJ-1 5-008680-03-3 D. COMPLYING WITH THE SAFE STREETS ACT An organization that is a recipient of financial assistance subiect to the nondiscrimination provisions of the Safe Streets Act, must m-eet two oblig-ations: (1) complying with the federal regulation pertaining to the devefopment of an EEOP (see 28 C.F.R. pt.42, subpt. E) and (2[submitting tg tle OGR findings of discrimination (see 28 C.F.R. gg 42.204(c), .205(c)(5)). E. ENSURING ACCESS TO FEDERALLY ASSISTED PROGRAMS The Violence Against Women Reauthorization Act of 2013 amends the ViolenceAgainst Women Act of 1994 (VAWA) and includes a nondiscrimination grant condition that prohibits grantees from excluding, denying benefits to, or discrimination against any person on the basis on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity in funded programs or activitie-, in whole or in part, not only in employment but also in the delivery of services or benefits. Federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. F. PROV|D|NG SERVICES TO L|M|TED ENGLTSH pROFtCtENCy (LEp) INDIVIDUALS In accordance with DOJ guidance pertaining to Title Vl of the Givil Rights Act of 1964, 42 U.S.C. S 2000d, recipients olfederal financial assistanie must take reasonable steps to provide meaningful access to their prog-r_arys_and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assist-ance Recip_ients $egar-{ing Title Vl Prohibition Against National Origin Discrimination Affecting Limited Engllsh Proficient Persons, 67 Fed. Reg. 41,+5F (2002). For more information on the civil rights responsibilities that recipients faye in providing language services to LEP individuals, please see the website http://wvrrw.lep.gov. Generate Award Documents Page 45 1012612015 Applicant: Eagle County Health and Human Services Project 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 G. ENSURING EQUAL TREATMENT FOR FAITH-BASED ORGANIZATIONS The DOJ regulation, Equal Treatment for Faith-Based Organi4ations, 28 C.F.R. pt. 36, prohibits faith-based organizations fronl uging financial assista-nce from the DOJ to fund inherently (or explicitly) religious actlvities. While faith-based organizations can engage in non'funded inherently religious activities, they must hold them separately fro_m the program lundCd by the DOJ, and recipients cannot compel beneficiaries to iartlcipate in them. The Equal Treatment Regulation also makes clear that brgani2ations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary'S religion. For more information on the regulation, plgase see the OCR'swebsite at http ://ww-rr.oip.usdoi.gov/abouUocr/equal-fbo.htm. Falth-based organizations should also note that the Omnibus Grime Controt and Sa-fe Streets Act (Safe Streets Act) of 1968, as amended,42 U.S.C. $ 3789d(c); the Victims of Crime Act of 1984, as amended,4l US.C. $ 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, is amend-ed,42 U.S.C. S 5672(b); and VAWA, Pub. L. No. 113"4, gec. 3(bX4), 127 Stat. 54,61--62 (to be codified at42 U.S.C. S 13925(bX13)) cdriiain prohibitions against discrimination on the basis of religi_on in employment. Despite these nondiscrimination provisions, the DOJ has conclrided that it may construe the Religious Freedom Restoration Act (RFRA) on a case-byl case basis to permit some faith-based organizations io reciive DOJ fund-s while taking into account religion when hiring slaff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please conbult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. H. USING ARREST AND CONVICTION RECORDS IN MAKING EMPLOYMENT DEGISIONS The OGR issued an advisory document for recipients on th_e prgp-et use of arrest and conviction recoriis in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Qepgrtnne_nt of Justice on the ti.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Gonviction Records in Employment Decisions Under Title Vll of the Givil Rights Act of 1964 (June 20131, available at http://www.ojp.usdoj.gov//abouUocr/pdfs/Useofconviction-Advisory.pdf. Rebipients sh-ould bb mindful that the misuse of arrest or conviction recoids to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origln, resulting in unlawful emplo-yme-nt discrimination. ln li-ght of the AdviJory, recipients should consult local counselin reviewing their employment plactices. lf warranted, recipients should also Incorporate an anilysis of th-e use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPS). Generate Award Documents Page 46 1012612015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 20 1 $DJ-1 5-008680-03-3 I. ENSURING THE COMPLIANCE OF SUBGRANTEES Grantee must have standard assurances to notify subgrantees of their civil rights obligations, written procedures to address disciimination complaints filed against subgrantees, methods to monitor subgrantees' compliance with civil rights requirements, and a program to train subgrantees on applicable civil rights laws. J. STUDENTS AND GUARDIANS Grantee understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of suclr students. 5. FRAUD, WASTE, ERROR AND ABUSE A. REPORTING The grantee_ q1d any subgrantees must promptly refer to the Department of Justice, Office of the Inspector General (OlG) any credible evidence that a principal, employee, agent, subgrantee, contiactor, subcontractor, or other person has - 1) submitted a claim for grant award funds that violates the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant award funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by: mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530; email: oig.hotline@usdoj,gov; hotline : (contact information in English and Spanish): (800) 8694499; or hotline fax: (202) 616-9881. Ad-ditional information is available from the DOJ OIG website at rnrunrv.usdoj.gov/oig. Generate Award Documents Page 47 10t26t2015 Applicant: Eagle County Health and Human Services Proiecfi 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 B. RESTRICTIONS AND CERTIFICATIONS REGARDING NON. DISCLOSURE AGREEMENTS AND RELATED MATTERS No grantee or subgrantee under this awar4 orentity that receives a conlract or subcontract wlth any funds under this award, ffiaY require any employee or contractor to sign an internal confidentiality agreement_or staienient that prohibits or otheruvise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste,-fraud, o1 abuse to an investigative or law enforcement representative of a federal department or agency-authorized to receive such information. The foregoing is not intended, and shall not be understood by_the agency making this award, to contravene requirements applicable to Standard Form 5tZ (wnich relates to classified information), Form 4414 (which relates to Sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. (1) ln accepting this award, the grantee: iai represents that it neither requires nor has required internal idnfidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (b) certifies that, if it learns or is notified that it is or has been requiring its idrployees or contractors to execute agreementg 9r statements that prohiUlt or otheruvise restrict (or purport to prohibit or restrict), reporting bf waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to DGJ, and-will resume (or permit resumption oflsuch obligations only if expressly authorized to do so by that agency. (2) lf the grantee does or is authorized to make subawards or contracts under this the grantee: (a) represents-that it has determined that no other entity that the iebipibnt's application proposes may or will receive award funds {whether through a subaward, contract, or subcontract) either requires or has requirbd internal confidentiality agreements or statements from employees or bontractors that currently piohlbit or othemise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (b) represents that it has made appropriate inquiry, or otherwise has an idequ-ate factual basis, to support this representation; and (c) ii certifies that, if it learns or is notified that any subrecipient, idntractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that piohibit or oihenrise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop-any further obligations of award funds to or by that entity, will provide piompt written notification to DCJ, and will resume (or perniii resrimption bf; sdctr obligations only if expressly authorized to do so by that agency. Generate Award Documents Page 48 10126t20't5 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 6. HIGH.RISK 9rantee_agre-es to comply with any additional requirements that may be ipqq:ed during the grant performance period if the agency determiires that the grantee is a high-risk grantee. 7. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT AND UN IVERSAL IDENTI FIER REQUIRE]t,IENTS Grantee agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM[(or with a successor government-wide syste_m officially designated by OMB and the federal awarding agency (OJP or OVW). Grantee also agrees to comply with applicable restrictions on subawards to first.tier subgrantees th-afdo not acquire and provide a Data Universal Numbering System (DUNS) number. The details of grantee obligations are posted on the Office bf Justice Programs web site at http://www.ojp.gov/funding/sam.htm or http ://wunr. ovw.us d oj. gov/d ocs/sam -awa rd -term. pdf (Awa rd co n d iti on : Registration with the System for Award Management and Universal ldentifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individualwho received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. TEXT MESSAGING POLICY Pursuant to Executive Order 13513, "Federal Leadership on Reducinq Text Messaging While Driving," 74 Fed. ileg. 51225 (Octobeil, 200g1, the - Department encourages grantees and subgraniees to adopt and enforce policies_banning em-ploy_ees from text messaging whlle driving any vehicle during- the course of performing work funded by this grant, an-d to establish workplace safety policies and conduCt educ-ation, awareness, and other outreach to decrease crashes caused by distracted drivers. 9. TRAINING GUIDING PRINCIPLES http://rrurur.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm for OJ P awards a nd http ://www.ovw. us doj.gov/g ra ntees. htm I for O\A,ll awards. r0. GoVERNMENT PERFORMANCE AND RESULTS ACT (cpRA) AND GPRA MODERNIZATION ACT Grantee must collect, maintain, and provide to DCJ, data that measure the pedormance and effectiveness of activities under this award, in the manner, and within the timeframes, specified by DCJ. Data cotlection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. Recipients of OVW grant dollars are required to collect the information that is included on the Measuring Effectiveness Progress Reports for the OVW Program under which this award is funded. Generate Award Documents Page 49 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County Systern of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 11. FEDERAL PUBLIC POLICY ASSURANCES A. The Grantee hereby agrees that it will comply, and all of its Subgrantees will comply wlth the appllcable provisions of: (1) Safe Streets Act (Sale Streets Act) of 1968, as amended; (Zi .luvenile Justice ind Delinquency Prevention Act o11974, as amended ; and, (f1 nn other applicable Federal laws, orders, circulars, regulations or guidelines. B. The Grantee hereby agrees that it will comply, ?nd all of lts Subgrantees will comply with the provisions of 28 CFR applicable to granls and cooperative agreements including: (-i) part 18, Administrative Review Procedure; (Zi eart 22, Gonfidentiality of ldentifiable Research and Statistical Information; (3) Part 23, Griminal Intelligence Systems Operating Policies; (+i Part 30, lntergovernmental Review of Department of Justice Programs and Activities; (5) Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; (6) Part, 38, Equal Treatment for Faith Based Organizations; (Zi part A2 Nondiscrimination/Equal Employment Opportunity Policies and Procedure; (8) Part 46 and all Department of Justice Programs policies and iiocedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent; -(0i Pa-rt 61 Procedures of lmplementing the National Environmental Policy Act; and, (10) Part 63 Floodplain Management and Wetland Protection Procedures; and, (11) Federal Laws or regulations applicable to Federal Assistance Programs. G. Grantee agrees to comply with the requirements of 28 C. F. R. Part 46 and all Department of JusticePrograms policies q4d pr_ocgdures re_garding the proteciion of human research-subiects, including obtainmenl of Institutional Review Board approval, if appropriate, and subject informed consent. 12. FEDERAL STANDARD ASSURANCES AND CERTIFICATIONS Generate Award Documents Page 50 10t26t2015 Applicant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 A. Standard Assurances The grantee hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, g uidelines, and requiremants, including OMB Glrculars A-21, A-87, A-702, A.110, A-122, A-133; Ex. Order llllZ_(inlergovernmental review of federal programs); and 28 G.F.R. pts. 66 or 70 (administrative requirements for granti and cooperative agreements). The grantee also specifically assures and certifies that: (1) [ has_lhg institutional, managerial, and financial capability (including funds sufficient to p?y any required non-federal share of prol-ect cost) to ensur_e pr-opel planning, management, and completion of the project described in this grant agreement. (2) lt will establish safeguards to prohibit employees from using theirpositions for a purpose that constitutes or presents the appearahce of p_qrqonal or organizational conflict of interest, or personal gain. (3) lt will give the DCJ, the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic rbcords related to the financial assistance. (4) lt will comply with all lawful requirements imposed by DGJ and the awqldlng agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22,23,30, 35, 38, 42,61, and 63, and the award term in 2 C.F.R. S 175.15(b). (5) lt will assist DCJ and the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic PresCrvation Act of :1966 (:16 U.S.C. S 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S._C_.S !6Q a;l g!9eq.), and the National Environmentat poticy Act of 1969 (42 U.S.C. S 4321). (6) lt will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Gontrol and Safe streets Act of 1968 (42 u.q.c.S 3789dI the victims of crime Act (42 u.s.c. $ !060_4(9)); The Juvenile Justice and Delinquency Prevention Acl ol2002 F2. U,9,-9. S 5672(b)[ the_Ci-vil RightsAct of 1964(42 U.s.C. g 2000d); the Rehabilitation Act of 1973 (29 U.S.C. g 7 9a); the Americans with Dlsabilities Act of 1990 (42 U.S.C. S 12131.34); ttre Education Amendments ol1972 (20 u.s.c. SS1681, 1683, 1685-86); anit the Age Discrimination Act of 1975 (1? U.9.C. SS 6101.07); see Ex. Order 13279 (bqual protection of the laws for faith-based and community organizations).(7) lf a governmental entity: (a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 u.s.c. $ 4601 et 9eg.), which govern the treatment of persons displaced hs a resulfof federal and federally-assisted programs; and (b) it w!!l comply with requirements of 5 U.S.G. SS 1501-08 and SS 7324-28, which limit certain political activities of State oilocalgovernmCnt employe.es whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Generate Award Documents Page 51 10126t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 20 1 s-DJ-1 5-008680-03-3 B. PROHIBITIONS ON LOBBYING WITH FEDERAL FUNDS As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over ${00,000, as defined at 28 GFR Part 69, the Grantee certifies, by accepting this grant award, that: (1) No fe-deral flnds received through this grant award will be paid to any idrson for influencing or attempting to influence an officer or_e_mployee of bny agency, a member of Gongress, an officer or employee of Congress, or-an empibyee of a member o-f Gongress in connection with the making of any fedeial grant, the entering into of any cooperative agreement, and the extension, cbntinuation, renewal, amendment, or modification of any federat grant or cooperative agreement; an4 (21 at any funds other than funds through this grant award will be paid to iriy perCon for influencing or attempting to influence an officer or empioyee of any agency, a member of Congress, an officer or employee of Gongress, or an employee of a member of Congress in connection with this grant award, the Giantee shall complete and submit Standard Form- LLL,a'Disclosure of Lobbying Activities". C. DEBARMENT, SUSPENSION, INELIGIBLE AND VOLUNTARY EXGLUSION Pursuant to Executive Order 12549, Debarment and Suspension, imptemented at 2 CFR Parl2867, for prospective participants in primary coVered transactions, as defined at 2 GFR Section 2867.20{a), and other requirements, the Grantee cgrtifies, by accepting_this grant award, that neither it nor its principals, Subgrantees or suppliers: (1) Are not presently debarred, -uspended, proposed for_debarme_nt, diclared ineligible, sentenced to a denial of Federal benefits by a State or Federal courtfor voluntarily excluded from covered transactions by any federal federal department or agency; (2) Have not within a three.yeai perlod preceding this grant award been idnvicted of or had a civil judgment rendered against them for commission of fraud or a Crim-inal offense in connection with obtainlng, attempting to obtain, or performlng 3 public (Federal, $tate, or local) transdction or contract dnder a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Have not within a trro-year period preceding this grant_award been idnvicted of a felony criminal violation under any Federal laq; ---(4) Are not presently indicted for or otherwise criminally or clvil_ly charged bfi a governhrental entity (Federal, State, or local) with commission of any oi ttrd offenses enumeritdO in paragraph (2) of this certification; (5) Have not within a three.year period preceding this grant aw_a1d had one bf more public transactions (Federal, State, or local) terminated for cause or default; and (6) Where the Grantee is unable to certify to any of the statements in this iirtification, he or she shall attach an explanation to this grant award. Generate Award Documents Page 52 10t26t2015 Applicant: Eagle County Health and Human Services ProJect: 2015 Eagle County System of Care for Youth 896s5868 201 s-DJ-1 5-008680-03-3 D. FEDERAL TAXES (1) lf the grantee is a corporation, the grantee certifies, by accepting this grant award, that the corporation has no unpaid Federal tax liabilitythat has been assessed, for which alljudicial and administrative remedles have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) Where the Grantee is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this grant award. E. CERTIFICATION REGARDING A DRUG FREE WORKPLACE As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F, for grantees, as defined at28 CFR Sections 83.620 and 83.650, the Grantee certifies, by accepting this grant award, that it will provide a drug-free workplace by: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (2) Establishing an on-going drug..free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace;(c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) It/laking it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (1); (4) Notify!4g the employee in the statement required by paragraph (1) that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (5) Notifying DCJ, in w1!ting, within 10 calendar days after receiving notice under subparagrap! (4)(b) from an employee or otherwise receiving actual notice of such conviction (6) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (a)(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or otherappropriate agency; (7) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (1), (2), (3), (4), (4), and (6). Generate Award Documents Page 53 10126t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 13. NATTONAL ENVIRONMENTAL POLICY ACT (NEPA) AND NATIONAL HISTORTC PRESERVATION ACT (NHPA) COMPLIANCE A. A. Grantee agrees to assist the DCJ and the federal awarding a_gency (OJP or OVW) in carrying out its responsibilities under NEPA (NEPA,42 U.S.C. section 4321et seg.), NHPA, other related laws and related federal environmental impact analysis requirements, if grantee plans to use grant funds (directly or through subgrant or contract) to undertake any activ.ity that trilgers these requirements, such as renovation or_construction: (See 28 C.F.R. Part 61, App. D.). Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be ielated tolhe use of the grant funds and, if so, to advise DGJ and request further NEPA implementation guidance. B. Grantee understands that this special condition applies to its activities whether or not they are being specifically funded with these grant funds. As long as the activity needs to be undertaken in order to use these grant funds (directly or through subgrant or contract), this requirement first must be met. The activities covered by this condition are: (1) New construction; (2) Any renovation or remodeling of a property either listed on or eligible for listing on the National Register of Historic Places, or an environmentally or historically sensitive area, including properties located within a 10O-year flood plain, a wetland, or habitat for endangered species; (3) Renovation, lease or any other proposed use of a building or facility ihat will either result in a change in its basic prior use, or significantly change its size. (4) lmplementation of a new program involving the use of chemicals other ih'an chemicals that are purchased as an incidental component of a funded activity and traditionally used, for example, in office, household, recreational or educational environments.(5) Research and technology whose anticipated and future application could be expected to have an effect on the-environment; and(6) lmplementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. C. The grantee also agrees to comply with all Federa!, State, and local environm-ental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT tThis provision applies only to entities that provide medical care and lreatment] The Grantee acknowledges that it is a covered health care provider under the Health lnsurance Portability and Accountability Act,42 [J.S.C. 1320d- 1320d€, and its implementing regulations and agrees to comply with the requirements of HIPAA concerning any uses and disclosures of protected health information. Generate Award Documents Page 54 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 20 1 5-DJ-1 5-008680-03-3 15. FEDERAL FUNDING ACCOUNTABILIW AND TRANSPARENCY ACT OF 2006 (FFATA) The Grantee agre_e^s_to comply with applicable requirements to report first- tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the first-tier subgrantees of award funds. Such data witl be submifted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federai Funding Ac_counlability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http : //www.ojp.gqvffu nd i n g/ffata.htm (Award con d ition : Reporting Subawards and Executive Gompensation), and are incorporated by reference here. This condition, and its reporting requireinent, doe-s not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Generate Award Documents Page 55 10t26t2015 Applicant: Eagle County Health and Human Services ProJect 2015 Eagle County System of Care for Youth 89655868 201 $DJ-1 5-008680-03-3 EXHIBIT 81- STATEMENT OF WORK Project Summary Project Plan: Describe the proposed strategy(ies)for addressing the problem.stated in the Problem Statement section. Clea'rly iint tne strately to'the specified problem described. (maximum length = 6,500 characters) Generate Award Documents Pase 56 | tOtZ6l2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Wayfinder improves outcomes of children and adolescents with rnulti-system needs by assimilating public, private and non-profit services, specifically related to the delivery of comprehensive prevention, diagnostic and trdatment Services to adolescents with mental, emotional and behavioral (MEB) issues. Wayfinder has developed and implemented an early warning indicator system (EWIS) that serves as the foundation for early intervention for adolescents exhibiting risk for drop-out, truancy, delinquency, and challenges resulting from mental, emotional and behavioral issues. Additionally, partnering agencies have also begun the referral and screening process to help Wayfinder achieve early identifrcation of children and adolescents who are at-risk and could benefit froin earlier connection to wraparound services. Now that the community has Wayfinder, at- risk youth and families are being identified and able to access resources earlier. Early identification and connecting adolescents to Wayfinder services has noti-ceably impacted the level of youth involvement in our judicial and child welfare systems. Wayfinder focuses on early intervention and prevention, before problems become more difficult to treat, to avert adolescents 10 to 18 years from becoming engaged with law enforcement,becoming engaged with law enforcement, juvenile justice or social services. I addition, Wayfinder aims to decrease reentry into services such as child welfare, probation, judicial system, etc. Wayfinder case managers are trainedwelfare, probation, judicial system, etc. Wa professionals who assist in guiding at-risk youth and families tbward service organizations within the community that can meet their needs. The case managers provide culturally appropriate and personalized services to meet the needs of at-risk children and youth. Services offered include: case management, home visits, collaborative goal-setting and family engagement, direct services and resource referrals, financial decision-making assiStance and coaching. All Wayfinder youth will be served through the following process: ' Screen in Process - Wayfinder Team members determine appropriate referrals, assess for duplication and multi-agency coordination. lf referrai doesn't rise to the level of need, the referral is not accepted and at that time warm hand offs are made to appropriate referrals are made to community partner agencies. 'Assessment - Wayfinder team members reach out to fdmilies, begin to develop LqPpgrt-and conduct an assessment with the family. Integrated-Cofiprehensive' Client Assessment and Planning is the current assessment tool.. Seryice Needs ldentified - Service needs are determined based on the assessment tool. At this point, evidence based strategies proven to address the highestareas of needs are also identified as a framework to support the W_qyfi@er team in preparing for the team meeting. ' First Team Meeting - Based on the outcome from the assessment, Wayfinder lea.m.mq4bers gather a team for the first team meeting. Team participants include: Wayfinder Wraparound Facilitator, Family Advbcate, any natural supports, appropriate service providers as identified by the initial assessment (i.e. mental health providers, school representatives, judicial representatives, community non-profit agencies etc.). The purpose of the first team meeting is to develop a treatment plan that is strengths based and incorporates the family's votce.. Cas.9 Management - Wayfinder team members provide ongoing support, coordination and resource connection to the families during theirlime in the program. 'Additional Team Meetings - Wayfinder wraparound facilitators will conduct additional team meetings as needed to monitor progress, make an update to Generate Award Documents Page 57 10t26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 20 1 5-DJ-1 5-008680-03-3 the treatment plan, to address additional needs that have been identified, or to begin cessation of formal wraparound services. . Gbal - Case closures occur when youth meet their goals and are able to thrive. Generate Award Documents Page 58 | 1012612015 Applicant: Eagle County Health and Human Services ProJect: 2015 Eagle County System of Care for Youth 89655868 20 1 $DJ-1 5-008680-03-3 EXHIBIT 81. STATEMENT OF WORK Goals & Objectives These are the elements against which the project will be evaluated and which will be used to report quarterly and final progress. Goal 1: To improve outcomes through effective and efficient use of resources to bridge gaps within the criminal and juvenile justice system by aligning youth-serving agencies, and leveraging services and resources. ObJectlve Outcome Measurement Timeframe 1.1 Ensure that atrisk children and adolescents who need integraled services for mental, emotional and behavioral issues have access to Wayfinder services. Reach between 50 and 65 at-risk youth. The number of children and adolescents that access Wavfinder services in a year. Cne year. 1.2 Achieve early and appropriate identification of children and adolescents who are at-risk of being negatively impacted by mental. emotional and behavioral rssues. Engage in community conversations for program awareness and education through participation in community coalitions or boards such as Interagency Oversight Group (lOG), InteGreat! and Total Health Alliance. fhe number of groups that refer at- risk youth. Cne year. 1.3 In collaboration with community coalitions, service partners and community members, achieve macro level impact on overall health and quality of life for children. adolescents and their families living in Eagle County. Report improvements to quality of life and health for Eagle County residents. Utilize results from communitv surveys such as: Quality of Piace Survey and Healthy Kids Colorado Survey. Varies, anywhere ftom one to five years. Dependent upon data rollection from suwey tool. Goal 3 (lf needed): Generate Award Documents Page 59 10t26t2015 Applicant: Eagle County Health and Human Services ProJect: 2015 Eagle Coun$ System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 Proiect Evaluation: Describe the approach for evaluating the project in response to the stated objectives, outcomes and measurements. (maximum length = 5,000 characters) Wayfinder focuses on three levels of evaluation: client plogrgss, service. deliVery, and overall system efficiency, Ongoing evaluation determines the effectiVeness of the initiative and ensures continuous quality improvement in services provided. To measure impact, Wayfinder collects and analyzes data from the referral, the early warning indicator system and case management data to determine the number of clients served, to identify service gaps, and to develop strategies that improve the overall quality of direct services. Generate Award Documents Page 60 10126t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 EXHIBIT 82. BUDGET AND BUDGET NARRATIVE Budget: Personnel A. PERSONNEL (TOTALS SUMMARY) Annual Full Tlme Amount ($) Total to be Pald by Grant Funds ($) Prevlous Arnount Requested/Approved ($) Difference From Previous Amount ($) Totals $o $0 $0 Position Title Annual Full Time Amount ($) TotalTo Be Paid By Grant Funds ($) This list contains no items Generate Award Documents Page 61 I 10/2612015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Budget: Supplies & Operating Totals Summary Amount Recommended/ Requested ($) Prevlous Amount Requested/Approved ($) Difference From Previous Amount ($)) Total $0 $0 Item Budget Narrative and Justification Total ($) This list contains no items Generate Award Documents Page 62 | 1012612015 Applicant: Eagle County Heafth and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-l 5-008680-03-3 Budget: Travel Totals Summary Amount Recommended/ Roquested ($) Prevlous Amounl Requesled/Approved ($) Dlfferencc From Prevlous Amount ($) Total $0 $0 Itam Budget Narrative and Justification Totat ($) This list contains no items Generate Award Documents Page 63 | 1012612015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 20 1 5-DJ-1 5-008680-03-3 Final Budget: Equipment Totals Summary Amouit Recommended/ Requested (t) Prevlous Amount Requestod/Approved ($) Dlfference From Previous Amount (S) Total $c $0 ,lfelh. ",-:l Budget Narrative and Justification rotit t$) This list contains no items Generate Award Documents Page 64 | 1012612015 Applicant: Eagle County Health and Human Services Profect: 2015 Eagle County System of Care for Youth 896ss868 201 s-DJ-1 5-008680-03-3 Budget: Professional Services / Consultants Totals Summary Amount Recommended/ Requested ($) Prevlous Amount Requested/Approved ($) Dlfference From Previous Amount ($) Total $18,360 $18,360 Item Budget Narrative and J ustification Total{$) Wayfinder Case Manager Eagle County is fiscal agent for Wayfinder. Currently, Wayfinder operated under an Interagency Oversight Group which consists of members from a wid... $18,360 Generate Award Documents Page 65 10t2612015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 20 1 5-DJ-1 s-008680-03-3 Professional Servi ces/Gonsu ltants Detai ls Item: Wayfinder Case Manager Budget Narrative and Justification: (maximum length = 5,000 characters) Eaqle County is fiscal agent for Wayfinder. Currently, Wayfinder operated under anlnteragen-cy Oversight Group wh-ich consists of members from a wide variety of commrlnity brganiza-tions, judicial partnerq 9cho9! digtrict, mental health. service provideri and countygovernhrent officials. While Eagle Gounty is the fiscal ajent, Wayfinder Case Managers are currently Eagle County School District-employees. The JAG award will be utilized to fund a portio.n of one . Wayfinder babe Managers. The Wayfinder Case Manager salary is competitive bas-ed on job function, responsibilities, educational level and elPerience,_as well as on skililevel required td be successful. The average salary for a Wayfinder Case Manager in Eagle County is approximately $75,000 including benefits. Total($): $18,360 Generate Award Documents Page 66 10t26t201s Applicant: Eagle County Health and Human Services ProJect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Budget Other Totals Summary Amount Recommended/ Requested ($) Prevlous Amount Requesled/Approved ($) Dlfference From Previous Amount (S) Total $0 $o Ite-m Bud$et Narrative and Justification Totat ($) This list contains no items Generate Award Documents Page 67 | 1012612015 Applicant: Eagle County Health and Human Services Project 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 Budget: Indirect Costs Totals Summary Amount Recommended/ Requested ($) Previous Amount Requested/Approved ($) Difference From Previous Amount (i) Total $0 $o Item'Budget Narrative and Justifieation iotar'{$} This list contains no items Generate Award Documents Page 68 | 1012612015 Applicant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 Budget: H. Total Request DUNS(+4) Number: 084024447 Additional Project Funding Will this project be funded using Yes ADDITIONAL FUNDS other than those provided from this grant? lf "Yes", list the type and approximate amount of other funding that will be used to support this project. Generate Award Documents Page 69 I 1012612015 Amount Recommended/ Requested ($) PERSONNEL $0 SUPPLIES & OPERATING $o TRAVEL $0 EQUIPMENT $0 PROFESSIONAL SERVICES/CONTRACT CONSULTANTS $18,360 OTHER s0 INDIRECT/ADMIN COSTS $0 GRAND TOTAL $18,360 Descrlption Amount ($) Federal State Collaborative Management Program and CoAct / System of Care $93,430 Gounty Government Community Service Grant $72,000 Municipa! Government Eagle County School Distdct $72,000 Privat€ Other (Specify) ADD]TIONAL PROJECT FUNDING TOTAL:$237,430 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 EXHIBIT C - SAMPLE OPTION LETTER STATE OF COLORADO Department of Publ'AF?t3fr,lJ;fi"f of Griminal Justice 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) REQUTRED PROVISIONS. a. In accordance with Section(s) of the Original Gontract between the State of Golorado, 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, Divlsion of Criminal Justice and _, the State hereby exercises its option to - in the amount oL at the same raie(s) as specified in . c. ln accordance with Section - of the Original Contract between the State of Colorado, Department of Public Safety, Division of Griminal Justice and _, the State hereby exercises its option for an additional term beginnlng 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 Gontract between the State of Golorado, 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 6iiiffiilunder the contract for the cffiffiscal year Th-fiEt- sentence in Section is hereby modified accordingly. The total contract value inctudTfr'g-an previous imendments, option letters, etc. is Generate Award Documents Page 70 10t26t2015 Applicant Eagle County Health and Human Services Proiect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 3) EFFECTIVE DATE. The effective date of this Option Letter is upon approval of the State Gontroller or _, whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Public Safety, Division of Griminal Justice By:Date: Jeanne M. Smith, Director ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS 524€0-202 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. lf Grantee begins performing prior thereto, the State of Golorado 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, Gindy Fredriksen, MBA, Procurement Director Generate Award Documents Page71 1012612015 Applicant Eagle County Health and Human Services ProJect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 5-008680-03-3 EXHIBIT D - SAMPLE GRANT FUNDING CHANGE LETTER STATE OF COLORADO Department of Public Safety, Division of CriminalJustice GMNT FUNDING CHANGE LETTER Date Orlginal Contract CMS #Grant Fundlng Change Lefter #CMS Routing # TO: ln accordance with Section of the Original Contract between the State of Golorado, DepartmffifE6lic Safety,-Division of Criminal Justice, and beginning and ending on -, the u n d e rs ig n e d ffi t h e-fo l l orv i n-dTffi i3-to t h e G ra n:[: The amount of grant funds available and specified in Section - is increased/decreased by - to a new total funds available of for the following reason: Section is hereby modified accordingly. This Grant Funding Letter does not constitute an order for services under this Grant. The effective date of hereof is upon approval of the State Controller or _, whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Public Safety, Division of Griminal Justice By:Date: Jeanne M. Smith, Director ALL GRANTS REQUIRE APPROVAL BY THE STATE GONTROLLER CRS S24-30-202 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. lf Grantee begins perfo_rming prior thereto, _the State of Colorado may not be obligated to pay Grantee foq such performance or for any goods and/or services provided hereunder. Generate Award Documents Page72 1012612015 Applicant: Eagle County Health and Human Services ProJect: 2015 Eagle County System of Care for Youth 89655868 201 5-DJ-1 s-008680-03-3 STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Date: _- drirseffit Director Generate Award Documents Page 73 | tOtZEl2015 Applicant: Eagle County Health and Human Services Prolect: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 EXHIBIT E - SAMPLE CONTRACT AMENDMENT STATE OF COLORADO Department of Public Safety, Division of Criminal Justice CONTRACT AMENDMENT Amendment #Orlglnal Contract CMS #Amendment CMS f 1) PARTTES This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered into by and between heieinafter called "Contractor"), and the STATE OF mEemDO acting by and through the Department of Public Safety, Division of Criminal Justice (hereinafter called the "State"). 2) EFFECTTVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Golorado State Controller or designee (hereinafter calledlhe "Effective Date"). The State shall not be liable to pay o-r reimburse Contractor for any performance hereunder including,. but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract for/to: 4) CONSTDERATION - 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 agr_ee to replacing the Goloiado Specibi 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. lf applicable, such Special Provisions are attached hereto and incorporated by reference herein as: Generate Award Documents Page74 10t26t2015 t"l Applicant Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth 89655868 201 s-DJ-1 5-008680-03-3 5) LIM|TS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Gontract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MOD|FTCATIONS The Gontract and all prior amendments thereto, if any, are modified as follows: 7) START DATE This Amendment shalltake effect on the later of its Effective Date or CONTRACTOR Agency or Organization: By: sig 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 Gontract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Gontract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVATLABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. nature:Date: Generate Award Documents Page 75 1At26t2015 Applicant: Eagle County Health and Human Services Project: 2015 Eagle County System of Care for Youth t f r t 89655868 201 SDJ-1 5-008680-03-3 STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Public Safety, Division of Criminal Justice By: Date: .l6an ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS S24€0-2A2 requires the State Gontroller to approve all State Gontracts. This Contract is not valid until signed and dated below by the State Gontroller or delegate. lf Contractor begins performing prior thereto, the State of Colorado may not be obligated to pay Gontractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Date: - -' arikse@t Director Generate Award Documents Page 76 10t26t2015