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HomeMy WebLinkAboutC02-262 Colorado Division of Criminal Justica ,f ► � 0- oz---��Z �� of • C. COLORADO DIVISION OF CRIMINAL JUSTICE � 1876 STATEMENT OF GRANT AWARD (SOGA) FEDERAL PROGRAM INFORMATION CFLiA Number: 16.579 Federal Agency: U.S. Department of Justice, Bureau of Justice Assistance Fede~p: Award Name and Number: Edward Byrne Memorial State and Local Law Enforcement Assistance Pros: -am, # 2002-DB-BX-0008 Subgrantee Agency Name: Eagle County, Sheriffs Department Project Director: * Sergeant Mike McWilliam .Project Director Address: Eagle County, Sheriffs Department P.O. Box 359 Eagle, CO 81631 Grant Number: 22-DB-02-31-1 Project Title: High Country Crime Response Team Grant Period: 07/01/2002 to 06/30/2003 Date Issued: 05/29/2002 CONFIDENTIAL In accordance with provisions of the Colorado Revised Statutes §24-33.5-502, the Division of Criminal Justice hereby awards a grant to the above -named subgrantee. The attached grant application, including Special Provisions and Certified Assurances, is incorporated herein as a part of this document. APPROVIM RIMCF.T Budget Category Federal Cash Match Total Personnel $147,895.00 $51,965.00 $199,860.00 Supplies and Operating $21,375.00 $7,125.00 $28,500.00 Travel $0.00 $0.00 $0.00 * Equipment $0.00 $0.00 $0.00 * Professional Services $0.00 $0.00 $0.00 Confidential Funds $13,750.00 $63250.00 $20,000.00 TOTAL BUDGET $183,020.00 $655,340.00 $248,360.00 * Purchase of equipment requires prior completion and approval of DCJ Form 13. * Professional services require prior completion and approval of DCJ Form 16. Version 3/27/02 h:lcjlsogaldcsip sogaArn Page 1 of 4 5iatemer�'t of Grant Award (SOGA) SPECIAL CONDITIONS: *MW 1. Subgrantee is required to. comply with Federal, State, and local environmental, health and safety laws.and regulations applicable to methamphetamine lab operations to include the disposal of the chemicals, equipment, and wastes resulting from those operations. In addition, subgrantee will comply with the following nine mitigation measures 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined y their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment and contaminated materials and wastes from the site(s) of each seized laboratory; . 6. Dispose of the chemicals, equipment and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; 7. Monitor the transport, disposal and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. The provisions of the Memorandum of Understanding (MOU) between the Division of Criminal Justice and the Colorado Department of Public Health and Environment dated July 16, 2001 and the Amendment to the Memorandum of Understanding (MOU) between the Division of Criminal Justice and the Colorado Department of Public Health and Environment dated December 6, 2001 regarding hazardous materials and clandestine laboratory closures are hereby incorporated by reference. These documents are hereby provided as an attachment to this Statement of Grant Award. 9. Acknowledge and implement the Memorandum of Understanding (MOU) between the Division of Criminal Justice and the Colorado Department of Human Services, Child Welfare Division, dated May 23, 2002 regarding proper response to any minor found at the site of a methamphetamine laboratory. This document is hereby provided as an attachment to this soga. 2 A copy of the current Memorandum of Understanding (MOU) signed by all participating agencies, including a current organizational chart, must be submitted to the Division of Criminal Justice. 3. You must obtain an ORI number from the CBI for the task force project. ORI numbers from the participating agencies can not be used. You must also make entries into the Colorado Law Enforcement Intelligence Network (CLEIN - formerly known as SNAG) database at CBI, using the task force ORI number. INSTRUCTIONS 1. Grant activities must be based on the approved budget shown on page one of this Statement of Grant Award, and the approved detailed budget(s) within the attached application, which supersedes any earlier budget request submitted, and which may be different from the budget originally submitted in your application. The subgrantee must secure prior written approval from DCJ if there is to be a change in any budget category (see DCJ Form 4-A). 2. The Financial Officer of the project must be provided a copy of this document in order to adequately prepare the necessary financial reports. The subgrantee agrees that the attached grant application, including "Special Provisions and Certified Assurances", is Version 3/27/02 h:lcjlsogaldcsip soga.frm Page of Statemer t of Grant Award (SOGA) hereby incorporated by reference as part of this grant award. Review carefully Special Provisions and Certified Assurances contained in the approved grant application. 4. Review carefully the current applicable Administrative Guide of the Division of Criminal Justice for this grant program, that includes procedures regarding this document, draw -down of grant funds, reporting requirements and requesting grant modifications. 5. This grant award shall be effective upon the intended start date (as set out in the grant period shown on page 1 of this SOGA); however final approval by the State Controller or designee, is required. 6. This grant award may be voided in whole without further cause if it is not signed by the subgrantee's Authorized Official and returned to the Division of Criminal Justice within 45 days of the date of issuance. 7. The signature of the Authorized Official below should be the same as the one on the grant application. The subgrantee must promptly notify the Division of Criminal Justice of any changes in the Authorized Official, Project Director, or Financial Officer, by completing and submitting DCJ Form 4-B. (If changes have already occurred, submit completed DCJ Form 4-B with this document). 8. Prior to the expenditure of the $ � located for confidential funds, the project director shall sign a certification indicating that he has read, understan s, and agrees to abide by all of the conditions pertaining to confidential funds as set forth in the effective edition of Office of Justice Programs, Office of the Comptroller, Financial Guide, Chapter 8, "Confidential Funds". ADDITIONAL DCJ REQUIREMENTS (1) Commencement within 60 DMs. If a project is not operational within 60 days of the start date of the grant period, the subgrantee must report the following by letter to the Division of Criminal Justice: a. the steps taken to initiate the project; b. the reasons for delay; and, C. the expected starting date. (2) Operational Within 80 Days. If a project is not operational within 80 days of the original start date of the grant period, the Division of Criminal Justice may begin termination or reduction in grant award proceedings as described in "Special Provisions & Certified Assurances", Section entitled "Termination or Reduction in Grant Award" (3) All subgrants are conditioned on the ability to report to the Division of Criminal Justice all the information contained on the DCJ quarterly narrative and financial reporting forms, which are provided with this SOGA. Technical assistance is available upon request. (4) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Division of Criminal Justice. RETURN: ALL SETS of the Statement of Grant Award with ORIGINAL SIGNATURES to: Division of Criminal Justice, Office of Drug Control and System Improvement, 700 Kipling Street, Suite 1000, Denver, CO 80215. After other required signatures are obtained, the white SOGA copy with approved application will be returned to your Project Director. Version 3/27/02 h:\cj\soga\dcsip soga.frm Page 3 of 4 Statement of Grant Award (SOGA) 14 d y THE PARTIES HERETO HAVE EXECUTED THIS BINDING SUBGR.ANT AWARD SUBGRANTEE: Legal Name of Subgrantee Agency Agency FEIN (or Social Security) # dE'-/ &0O0 BY ATURE ofAuthorized Official r�rO4gVe - "01 int Name & Title ofAuthorized Official Date Signed: T% - 20 2— ......................................................................... ; Provide signature of CorporateBoard secretary or equivalent, or Town/City/County Clerk to certify that i person _ nmed as Authorized Official above has the ATTEST BY: legal authority to enter into binding legal contracts on s behalf of this agency, and is in fact the person who signed where indicated. .......................................................... •............... f. PLAC9 AGENCY ,SEAL HERE Or Indicate No Seal Available STATE OF COLORADO: BY Bill Owens , GOVERNOR DIRECTOR Coloradq Division of Criminal Justice Raymond T. Slaughter Print Name & Title of DIRECTOR Date Signed: STATE OF COLORADO LEGAL REVIEW: See Contract Routing Waiver # 78 (or, if not waived) Ken Salazar , ATTORNEY GENERAL BY: Date Signed: ALL CONTRACTS & SUBGRANT AWARDS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This subgrant award is not valid until the State Controller, or such assistant as he may delegate, has signed it. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Arthur L. Barnhart BY DATE Version 3/27/02 h:lcj\sogaldcsip sogafrm Page 4 of 4 Statement of Grant Award (SOGA) THE PARTIES HERETO HAVE EXECUTED THIS BINDING SUBGRANT AWARD . SUBGRANTEE: STATE OF COLORADO: EAGLE COUNFf , STATE OF.COLORADO By and Through Its Board countyCommissioners Legal Name of Subgrantee Agency Agency I111 (or So ' . Secttrly) # BY SIGNATURE ofAuthorked ' icial Michael L. Gallagher,, Chairman. R Print Name & Tide ofAuihbrked Official o Date Signed -T��n #A ..................................................toap Pwat sigaahwo of Coiporat�lBoard Secretary or equivalent, or Town/CiWCounty Cle dc, to catW that ATTEST BY: p as authorized official above has the legal authority to attar into binding legal contracts an behalf of this agency, and is in fact the person who signed where indicated. ...... --....................................................... Signature Date Sara J. Fisher, Clerk to the Board of Title County Commissioners Phone PEA CE A GENCY SEAL HERE Or Indicate No Seal Available Bill Owens , GOVERNOR STATE OF C.OLORADO LEGAL REVIEW: See Contract Routing Waiver # 78 BY: (or, if not waived) Ken Salazar , ATTORNEY GENERAL Date Signed: ALL CONTRACTS & SUBGRANT AWARDS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This subgrant award is not valid until the State Controller, or such assistant as he may delegate, has signed it. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided: STATE CONTROLLER: Arthur L Barnhart co DATE Version 3/27102 h:lcj'lsogaldcsip soga frm Page 4 of 4 V ui r Uxuvi su CERTIFICATION OF COMPLIANCE WITH REGULATIONS OFFICE ' CIVII. RIGHTS, OFFICE OF JUS' PROGRAMS FOR SUBGRANTS D BY THE COLORADO DIVISIOF CRIMINAL JUSTICE , INSTRUCTIOIVS.• Complete the identifying information, which is found on the Statement of Grant Award (SOCU), in the table below. Read the form completely, identifying, under `I," the person responsible for reporting civil rights findings; and checking only the one certification under `ll that applies to your agency. Have your Authorized Official sign at the bottom o a e 2, forward a co to theperson you identt fled under `I" and return the original to the Colorado Division o fP S f copy P y .>�J Criminal Justice, 700 Kipling, Ste. 1000, ' Denver, CO 80215, within 45 days of the grant award beginning date. Grant # 22DB-02-31-1 Grant Project Title: Eagle County Crime Response Team SubgranteeName (FundedEntity): Eagle County Sheriff's Office Address: P.O. Box 359, Eagle CO 81631 Duration: Beginning date: 7/01/2002 End date: 6/30/2003 Award:$ 183,020.00 Project Director's Name & Phone #: AUTHORIZED OFFICIAL'S CERTIFICATION: As the Authorized Official for the above Subgrantee, I certify, by my signature below, that I have read and am fully cognizant of our duties and responsibilities under this Certification. I. REQUIREMENTS OF SUBGRANT RECIPIENTS: All subgrant recipients (regardless of the type of entity or the amoun awarded) are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide meaningful access for persons with limited English proficiency. +I certify that this agency will maintain data (and submit when required) to ensure that: our services are delivered in an equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity Requirements, 28 CFR 42.207 and 42.301 et se .; our projects and -activities provide meaningful access for people with limited English proficiency as required by Title VI of the Civil Rights Act, See also 2000 Executive Order #13066). *I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of discrimination will submit these findings, if any, to the Division of Criminal Justice within 45 days of the finding, and/or ii the finding occurred prior to the grant award beginning date, within 45 days of the grant award beginning date. A copy of this Certification will be provided to this person, as identified here: reporting civil rights findings of discrimination: (Name, A.J.; JOHNSON (970)328-8500 P.O. Box 359 Eagle, CO 81631 II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the box before ONLY THE ONE APPROPRIATE CERTIFICATION (A, B, Cl or C2 below) that applies to this subgrantee agency -during the period of the grant duration noted above. 0 CERTIFICATION "A" [NO EEOP IS REQUIRED if (1), (2) or (3), below, apply.] This is the Certification that most non -profits and small agencies will use. Check (1), (2) and/or (3) as they apply to your entity. (More than one may apply.) This funded entity has not been awarded more than $1 million cumulatively from all programs administered by the U.S. Department of Justice over an 18-month period that includes the above grant duration period, and (1) is an educational, medical or non-profit institution or an Indian Tribe; and/or (2) has less than 50 employees; and/or (3) was awarded through this grant from the Colorado Division of Criminal Justice less than $25,000 in federal U.S. Department of Justice funds. Therefore, I hereby certify that this funded entity is not required to maintain an ESOP, pursuant to 28 CFR 42.301, et Colorado Division of Criminal Justice Page 1 of 2 (Rev. 6/6/2002) DCJ FORM 30: CERTIFi.,)ITON OF COMPLIANCE WITH�L�ATIONS, OFFICE FOR CIVIL RIGHTS, OFFICE OF JUSTICE PROGRAMS Continued II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (ESOP) CERTIFICATIONS: (Continued) �( CERTIFICATION "B" (EEOP MUST BE ON FILE) This funded entity, as a for -profit entity or a state or local government having 50 or more employees, was awarded, through this grant from the Colorado Division of Criminal Justice, more than $25,000, but less than $500,000 in federal U.S. Department of Justice funds. Also, it has not been awarded more than $1 million cumulatively from all programs administered by the U.S. Department of Justice over an 18-month period that includes the above grant duration period. Therefore, I`hereby certify that the funded entity has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, et SeM., subpart E, that it has been signed into effect by the proper authority and disseminated to all employees, and that it is on file for review or audit by officials of the Division of Criminal Justice or the Office for Civil Rights, Office of Justice Programs as required by relevant laws and regulations. O CERTIFICATION "Cl" (EEOP MUST BE SUBMITTED) This funded entity, as a for -profit entity or a state or local government having 50 or more employees, was awarded, through this grant from the Colorado Division of Criminal Justice, more than $500,000 in federal U.S. Department of Justice funds, but, it has not been awarded more than $1 million cumulatively from all programs administered by the U.S. Department of Justice over an 18-month period that includes the above grant duration period. Therefore, I hereby certify that the funded entity will submit, within 45 days of the award, an EEOP or.an EEOP Short Form, that will include a section specifically analyzing the subgrantee (implementing) agency. O CERTIFICATION "C2" (EEOP MUST BE SUBMITTED) This funded entity, having 50 or more employees, has been awarded more than $1 million cumulatively from all programs administered by the U.S. Department of Justice, including this subgrant from the Div. of Criminal Justice, over an 18-month period that includes the above grant duration period. Therefore, I hereby certify that the funded entity will submit, within 45 days of the award, an EEOP or an EEOP Short Form, that will include a section specifically analyzing the subgrantee (implementing) agency. (If you have already submitted an EEOP applicable to this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.) As the Authorized Official for the above Subgrantee, I certify, by my signature below, that I have read and am fully cognizant of our dgties and responsibilities under this Certification. EAGLE COUNTY, fiTATE OF COLORAD04 By and Through Its BogLd„ og Q¢unty CAmmiss Bv: Official's signature Michael L. Gallagher: Typed Name] [Title] cl'`"� �' [Date] tosa�► Chairman of the Board 'leis original signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO '0215, within 45 days of the grant award beginning date. You must also forward a si ed copy to the person you identified -nder `T' on page 1. DCJ will forward a copy to the Office for Civil Rights, Office oustice Programs, U.S. Department of 'ustice. Colorado Division of Criminal Justice Page 3 of 2 (Rev. 6/6/2002) SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 1 of 9 Special Provisions & Certified Ass ues must remain attached to the application. CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: Inter -Governmental Grant _Grant to a Colorado State Agency --)(-Grant to a Unit of Local Government, Tribal Government, or Special District. Grant to a Non -Profit, Private Organization (Non -Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below; that all information contained in the application is correct; that there has been appropriate coordination with affected agencies; and, that the applicant will read, understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award, and in the current applicable Administrative Guide of the Division of Criminal Justice. Edward Byrne Formula Grant Program. From the United States Department of Justice, Bureau of Justice Assistance, under federal statutory authority Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, eL seq., as amended, and under applicable program rules and regulations established by said federal program off -ice. A. STANDARD STATE SPECIAL PROVISIONS 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1) This subgrant award shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as may be designated. 2. FUND AVAILABILITY. CRS §24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. FOR NON INTERGOVERNMENTAL GRANTS ONLY: a. The Subgrantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Subgrantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. FOR INTERGOVERNMENTAL GRANTS ONLY: b. Indemnity: To the extent required by law, the Subgrantee shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Subgrantee, or its employees,' agents, subcontractors, or assignees pursuant to the terms of this subgrant award. c. 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, or other provisions for the parties, of the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq, as applicable, as now or hereafter amended. Version 3/27/02 f SPECJAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 2 of 9 Special Provisions do Cert ed Ass :es must remain attached to the application. 4..INDEPENDENT CONTRACTOR. 4 CCR 801-2: (THIS PROVISIONIS NOT APPLICABLE TO GRANTS TO COLORADO STATE AGENCIES): THE SUBGRANTEE AGENCY SHALL PERFORM THE DUTIES FUNDED UNDER THIS GRANT AS AN INDEPENDENT CONTRACTOR AND NOT .AS AN EMPLOYEE OF THE STATE. NEITHER THE SUBGRANTEE NOR ANY AGENT, SUB- CONTRACTOR, OR EMPLOYEE OF THE SUBGRANTEE SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES. PAID PURSUANT TO THIS GRANT. SUBGRANTEE ACKNOWLEDGES THAT THE SUBGRANTEE AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUBGRANTEE SHALL NOT HAVE AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR"UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF THIS GRANT PROVIDES FUNDS FOR ANY PERSONAL SERVICES, SUBGRANTEE SHALL PROVIDE AND KEEP IN FORCE WORKERS COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW. SUBGRANTEE AGENCY SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF ITS EMPLOYEES, INDEPENDENT SUB -CONTRACTORS AND AGENTS. 5. NON-DISCRIMINATION. The Subgrantee agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this subgrant. Any provision of this subgrant, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person'or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate .the remainder of this subgrant to the extent that the subgrant is capable of execution. At all times during the performance of this subgrant, the Subgrantee shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established 7. VENDOR OFFSET. CRS §24-30-202 (1) & CRS §24-30-202.4 (THIS PROVISIONAPPLIES TO NON -INTERGOVERNMENTAL GRANTS ONLY:) Pursuant to CRS 24-30 202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 8. EMPLOYEE FINANCIAL INTEREST. CRS §24-18 201 & CRS §24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. 9. SOFTWARE PIRACY PROHIBITION. (Per Gov. Owens 3-13-00 E.O. #D 002 00) No state or other public funds payable under this subgrant shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Subgrantee hereby certifies that, for the term of this subgrant and any extensions, the Subgrantee has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Subgrantee is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this subgrant, including, without limitation, immediate termination of the Subgrant and any remedy consistent with United States copyright laws or applicable licensing restrictions. Version 3/27/02 ESPECILAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 3 of 9 cial Provisions & Certified Asses must remain attached to the application. �.✓ B. GRANT REQUIREMENTS 1. FINANCIAL & ADMINISTRATIVE MANAGEMENT a. The Subgrantee assures that fiord accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or. indirect basis. b. Ali,, expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. c. The Subgrantee assures that it will comply with the provisions of the current applicable Administrative Guide of the Division of Criminal Justice which is hereby incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. 2. PAYMENT & REPORTING a. The Division of Criminal Justice will pay the Subgrantee the reasonable and allowable costs of performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as the Total Award Amount. b. The Division's requirements for invoice, advance payments, and cost reporting submissions are contained in the DCJ Form 3 - Cash Request Procedures, and DCJ Form 1-A - Subgrant Financial Report, which are hereby incorporated by reference. c. Advance payments cannot exceed 30-day operating expenses. d. The Subgrantee assures that it shall maintain data and information to provide accurate quarterly program and financial reports to the Division. Said reports shall be provided in such form, at such times, and containing such data and information as the Division of Criminal Justice reasonably requires to administer the program e. The Subgrantee assures that quarterly financial and narrative reports shall be submitted within 30 days of the end of each calendar quarter and shall be current and actual. f. The Subgrantee further assures that final financial and narrative reports shall be submitted on the forms provided by the Division of Criminal Justice within 45 days of the end date of the subgrant. g. The Division reserves the right to make and authorize modifications, adjustments, and/or revisions to the Grant Award for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications which do not change the total amount of the Grant Award. The Division's requirements for such grant adjustments are contained in the procedures for DCJ Forms 4A, 413, 4C, and 4D, which are hereby incorporated by reference. h. The Division may withhold payment in the event the Subgrantee fails to comply with conditions and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee assures that open, competitive procurement procedures will be followed for all purchases -under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item, with a useful life of at least one year) must receive prior approval by the Division of Criminal Justice. b. The Subgrantee assures that no contract or agreement will be made for execution of project activities or provisions of services (other than purchase of supplies or standard commercial or maintenance services) that is not incorporated in the approved application or approved in advance by the Division of Criminal Justice. c. The Subgrantee .assures that contractors/vendors who assist the Subgrantee to develop specifications, requirements, statements of work and/or Request For Proposal for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantee assures that where activities supported by this subgrant produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical representation and works of any similar nature, the following requirements apply: i. The Division of Criminal Justice has the right to use, duplicate and disclose, the above material in whole or in part in any manner for any purpose whatsoever and authorize others to do so. ii. If the material or invention is copyrightable, the Subgrantee may copyright such, but the Division of Criminal Justice reserves a perpetual, royalty -free, non-exclusive and irreversible license to practice, reproduce, publish and use.such materials in whole or in part, and authorize others to do so. Version 3/27/02 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 4 of 9 Special Provisions & Certified Ass es must remain attached to the application. ■d iii. When issuing statements, press releases, requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds; all Subgrantees must clearly: a) State the percentage of the total cost of the program or project, which will be financed with this grant money; b) State the dollar amount of state or federal funds for the project or program; c) Use the phrase -"This project was supported by grant # issued by the Colorado Division of Criminal Justice." e. The Subgrantee may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. 4. AUDIT, RECORD -KEEPING, AND MONITORING/MSPECTION a. The Subgrantee assures that it will procure an audit or financial review by a CPA or licensed public accountant incorporating the subgrant. If the agency expends more than $300,000 per year in combined federal funds, an audit must be conducted in accordance with OMB Circular A-133 (Audits of States, Local Governments, and non-profit organizations). i. At such time -as the ' audit or financial review is completed, ONE COPY OF THE REPORT, INCLUDING THE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE for clearance. ii. The Subgrantee accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: a) does not meet the applicable A-133 or DCJ standards; b) is not submitted in a timely manner, or, c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. b. The Subgrantee assures that: i. It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state fiscal year that includes the end date of the grant. (For example if the grant ended 9130191, the state FY would be July 1,1991-June 30, 1992. The files could be destroyed after 6/30/99); except; ii. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven-year period until such issues are resolved. c. The Subgrantee assures that it will keep copies of all documents, correspondence, and required receipts related to this subgrant in a separate file bearing the project title and grant number. d. The Division may periodically request submission of supporting financial and programmatic documentation, subcontracts, general and sub -ledgers for the purpose of monitoring compliance with the grant award via desk review, or in preparation for an on -site monitoring visit. Routine or special on -site visits may be conducted at the subgrant agency, and at the location of any collaborating entities, for the same purpose. Subgrantees will be notified in advance of any on -site monitoring visit. e. The Subgrantee assures that the Division of Criminal Justice, Colorado Department of Public Safety, shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and records of the Subgrantee and to relevant books and records of subcontractors of the Subgrantee. It is the responsibility of the Subgrantee to notify any of its project collaborators and subcontractors of these provisions. f. The Subgrantee assures that signatories of the application and subgrant award and personnel employed through this subgrant will appear when requested at any administrative hearing, monitoring site visit, conference or meeting conducted by the Division of Criminal Justice. 5. COLORADO VICTIM RIGHTS ACT a. The Subgrantee assures that the application signatories, all staff and all volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to § 24-4.1-302.5 C.R.S., and the services delineated pursuant to §§ 24-4.1-303 and 24-4.1-304 C.R.S., commonly known as the Victim Rights Act, and enabling legislation. 6. TEPJ41 NATION or REDUCTION IN GRANT AWARD The Division will monitor the performance of the Subgrantee against goals and performance standards required herein. The Division will provide reasonable technical assistance to the Subgrantee concerning project goals, performance standards and subgrant requirements; however, substandard performance as determined by the Division will constitute noncompliance with this grant award. Substandard performance may result in termination or reduction of grant award as follows: Version 3/27/02 SPECIAL PROVISIONS AND r'PMI UD ASSURANCES SPCA PAGE 5 of 9 Special Provisions & Cert fzed ,4ssu�e must remain attached to the application. a. Reduction In Grant Award Amount for Cause i. The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state- reduces the grant amount for cause, it will first give ten (10) days written notice to the Subgrantee, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee may be withheld at the discretion of the Division until completion of final Division review. b. Termination for Convenience: i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. The grant may be terminated by the Division if it is in the best interest of the state of Colorado to terminate the grant. iii. If the grant is terminated for convenience by either the Subgrantee or the state, the Subgrantee shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: i. The Division may terminate the grant for cause without compensation for termination costs. ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee, stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee for acceptable work or deliverables received up to the date of termination. iv. In the event this grant is terminated for cause, final payment to the Subgrantee may be withheld at the discretion of the Division until completion of final Division review. d. Any equipment purchased under this grant would revert, at the option of the Division, to the Division of Criminal Justice upon termination of the grant for any of the above reasons. 7. ORDER OF PRECEDENCE a. Any inconsistency or conflict in this grant shall be resolved by giving precedence in the following order. (a) Special Provisions and Certified Assurances, (b) Statement of Grant Award; and, (c) the final approved Subgrant Application. C. FEDERAL CERTIFIED ASSURANCES 1. FEDERAL PUBLIC POLICY ASSURANCES a. The Subgrantee hereby agrees that it will comply, and all of its contractors will comply with the applicable provisions of: i. Tide I of the•Onmibus Crime Control and Safe Streets Act of 1968, as amended; ii. The Juvenile Justice and Delinquency Prevention Act and/or the Victims of Crime Act, as appropriate; iii. All other applicable Federal laws, orders, circulars, regulations or guidelines. b. The Subgrantee agency hereby agrees that it will comply, and all of its contractors will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including: i. Part 18, Administrative Review Procedure; ft. Part 20, Criminal Justice Information Systems; iii. Part 22, Confidentiality of Identifiable Research and Statistical Information; iv. Part 23, Criminal Intelligence Systems Operating Policies; v. Part 30 Intergovernmental Review of Department of Justice Programs and Activities; vi. Part 42 Nondiscrimination/Equal Employment Opportunity Policies and Procedure; vii. Part 61 Procedures of Implementing the National Environmental Policy Act; viii. Part 63 Floodplain Management and Wetland Protection Procedures; and, ix. Federal Laws or regulations applicable to Federal Assistance Programs. Version 3/27/02 SPECIAL PROVISIONS AND PERTIFIED ASSURANCES SPCA PAGE 6 of 9 Special Provisions & Certified Asst es must remain attached to the application. 2. - FINANCIAL & ADMINISTRATIVE MANAGEMENT a. Subgrantee assures that it will comply with appropriate federal cost principles and administrative requirements applicable to grants as follows: i. For state, local or Indian tribal government entities; a) OMB Circular A-87, Cost Principles for State, Local & Indian Tribal Governments b) OMB Circular A-102, Common Rule -Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ii. For non-profit organizations; a) OMB Circular A-122, Cost Principles for Non -Profit Organizations -b) OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations iii. For colleges and universities; a) OMB Circular A-21, Cost Principles for Educational Institutions b) OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations iv. For each agency spending more than $300,000 per year in federal funds from all sources; a) OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations b. The Subgrantee assures that it will comply with the provisions of the Office of the Comptroller, Office of Justice Programs OC Financial Guide for Grantscurrent edition. (For practical purposes, the requirements pertinent to the management of these funds have been extracted from the above documents and are contained in the current applicable Administrative Guide of the Division of Criminal Justice, which is hereby incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations.) 3. NON -SUPPLANTING OF FUNDS (Governmental Agencies Only) a. The Subgrantee certifies that any required matching funds used to pay the non-federal portion of the cost of this subgrant are in addition to funds that would have otherwise been made available for the purposes of this project. b. The Subgrantee certifies that federal funds made available under this grant: i. Will not be used to supplant state or local funds; ii. That the Subgrantee's expenditures for the purpose described in this application for the annual period are as great as for the preceding year plus the average annual increment in such expenditures for the past two, three, four or five years; OR iii. Where the certification above (3bii) cannot be made, and there is a reduced or unchanged local investment, then the Subgrantee shall give a written explanation demonstrating that the Subgrantee's reduced or unchanged commitment would have been necessitated even if federal financial support under this federal grant program had not been made available. 4. CERTIFICATION REGARDING LOBBYING (Subgrantees receiving $100, 000 or more in total federal funds per year. See 28 CFR Part 69.) The prospective Subgrantee certifies, by submission of this proposal, that: a. No federal fimds received through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; and, . b. If any funds other than fimds through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this subgrant, the prospective Subgrantee shall complete and submit Standard Form LLL, 'Disclosure of Lobbying Activities" 5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Subgrantees receiving $100,000 or more in total federal funds per year. See, 28 CFR Part 6.) a. The prospective Subgrantee certifies, by submission of this proposal, that neither it nor its principals, subcontractors or suppliers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 6. CERTIFICATION REGARDING DRUG FREE WORKPLACE (See, 28 CFR Part 67, Subpart F.) a. The prospective Subgrantee certifies, by submission of this proposal, that it will comply with the Drug Free Workplace Act of 1988, as implemented at 28 CFR Part 67, Subpart F. Version 3/27/02 SPECIAL PROVISIONS A" ^ERT=D ASSURANCES SPCA PAGE 7 of 9 Special Provisions & Certif1ed Assh,..ces must remain attached to the application.�„d 7. CIVIL RIGHTS COMPLIANCE '(See, 28 CFR Part 42.) 4 a. Upon award, each Subgrantee will be provided DCJ's Form 30, entitled "Certification of Compliance w-IM Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans (EEOP), and will be required to do the following: i. The Project Director must submit the form to the Subgrantee agency's Authorized Official for this grant; ii. The Authorized Official must review the form in conjunction with subgrant agency personnel responsible for reporting civil rights findings of discrimination; iii. The Authorized Official must accurately complete the required information and provide all information requested; iv. The Authorized Official must provide an original signature on the form as indicated; and, v. The DCJ 30 Form with original signature must be returned to the Division with the Statement of Grant Award (SOGA). b. Any subgrant agency findings of discrimination must be reported to the Division of Criminal Justice within 45 days of receipt of this grant award, and to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. S. NON-DISCPJM NATION a. The following federal non-discrimination cites apply in particular: the nondiscrimination requirements of the Omnibus Crone Control and Safe Streets Act of 1968, as amended; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act of 1990,42 U.S.C. 12101, et. seq. and Department of Justice Regulations on Disability Discrimination, 28 CFR Part 35 and Part 39;Tide IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et. seq., as applicable to construction contracts. 9. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND NATIONAL HISTORIC PRESERVATION ACT (NHPA) COMPLIANCE (42 USC§§4321-4370 and 16 USC§470) a. The Subgrantee agrees to assist the Division of Criminal Justice and the Office of Justice Programs, U.S. Department of Justice, in complying with the National Environmental Policy Act, the National Historic Preservation Act (NHPA) and other related federal environmental impact analyses requirements in the use of these grant funds either directly by the Subgrantee or by a subcontractor. As long as the activity needs to be undertaken in order to use these grant funds, this NEPA requirement first must be met whether or not the activities listed below are being specifically funded with these grant funds. The activities covered by this special condition are: b. New construction; c. Minor renovation or remodeling of a property either listed on or eligible for listing on the National Register of Historic Places, or located within a 100-year flood plain; d. Renovation, lease or any other proposed use of a building or facility that will either result in a change in its basic prior use, or significantly change its size. e. Implementation of a new program involving the use of chemicals other than chemicals that are either purchased as an incidental component of a funded activity and traditionally used, for example, in office, household, recreational or educational environments. Version 3/27/02 SPECIAL PROVISIONS AND*4"ERTHUD ASSURANCES * SPCA PAGE 8 of 9 Special Provisions & Certified Assu,...= must remain attached to the application. D. PROGRAM SPECIFIC REQUIREMENTS The following program specific requirements are imposed by the Federal or State sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements which must be passed on to subgrant award recipients. These requirements are more Nicely to change from year to year than the special provisions and federal certified assurances shown above, and usually vary across offices within the Division. 1. CONFIDENTIAL FUNDS a. The applicant assures that confidential funds used within this project will be managed in compliance with the effective edition of OJP OC Financial Guide, Chapter 8, which the applicant certifies has been read, is understood and by which it agrees to abide. 2. RIGHT OF PRIVACY FOR RECIPIENTS OF SERVICES AND SHARING OF INFORMATION The prospective subgrantee certifies, by submission of this proposal, that a. Pursuant to Section 223(a)(18) of the JJDP Act, procedures have been established to ensure that this program will not disclose program records containing the identity of individual juveniles. Exceptions to this requirement are: authorization by law; consent of either the juvenile or his/her legal authorized representative; or justification that otherwise the fimctions of this title cannot be performed. Under no circumstances may public project reports or findings contain names of actual juvenile service recipients. b. Necessary information will be shared appropriately among schools, law enforcement, courts and juvenile. serving agencies pursuant to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), as amended by the Improving America's Schools Act of 1994 (IASA). FERPA allows schools to play a vital role in a community's efforts to identify children who are at risk of delinquency and provide services prior to a child's becoming involved in the juvenile justice system. C. Necessary information will be shared in accordance with the "Children's Code Records and Information Act;" 19-1-301 et seq., Colorado Revised Statues (1996), to balance the best interests of children and the privacy interests of children and their families with the need to share information among service agencies and the need to protect the public safety. 3. ANTI -DRUG ABUSE ACT OF 1988 a. The grant may be suspended or terminated at any time by the Division of Criminal Justice if the subgrantee fails to comply with the provisions of the Anti -Drug Abuse Act of 1988, as amended, or any of the Certified Assurances and Special Provisions. Version 3/27/02 SPECIAL PROVISIONS ANTI '(RTIFTED ASSURANCES SPCA PAGE 9 of 9 Special Provisions & Certified AssuYncces must remain attached to the application. *4MW SIGNATURE PAGE ->->-> TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURESREQIIIRED -Please sign in BLUE ink See instructions for description of proper signatories.) '- The Subgrantee and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances, and are fully cognizant of their duties and responsibilities for this project The Subgrantee understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director, who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24-72-202.6, information supplied in this application is considered a public record. AUTHORIZED rvame I A.J. JOHNSON I Position "s""sI EAGLE COUNTY SHERIFF'S OFFICE Mailing Address P.O. Box 359 City, State, Zip Eagle, CO 81631 Telephone # (970)328-8500 Fax# (970)328-1448 E-mail Address info@sheriff.eagle.co.us i a tire= a 1, OW r , ._s FINANCLAL OFFICER Name Diana a Position Admin Tech IV Agency Eagle County Sheriff's Office Mailing Address P.O. Box 359 City, State, Zip Eagle, CO 81631 Telephone# (970)328-8500 Fax# (970)328-1448 E-mail Address info@sheriff.eaele.co.us Name Mike McWilliam Position Detective Sergeant Agency Eagle County Sheriff's Office Mailing Address P.O. Box 359 City, State, Zip Eagle, CO 81631 Telephone# (970)328-8500 Fax# (970)328-1448 E-mail Address info@sheriff.eagle.co.us - Version 3/27/02 SPECIAL PROVISIONS AND r"RTIFEM ASSURANCES SPCA PAGE 9 of 9 Special Provisions & Cerhfted Assto,..,,a must remain attached to the application. 1%W SIGNATURE PAGE ->->-> TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED -Please sign in BLUE ink See instructions for description of proper signatories.) ` The Subgrantee and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances, and are fully cognizant of their duties and responsibilities for this projecL The Subgrantee understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director, who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24-72-202.6, information supplied in this application is considered a public record. Name Eagle County, State of Colorado Position By and Through Its Board of County Commissioners Agency By Michael L. Gallagher, Uriamrman Mailing Address P.O. Box 850 City, State, Zip Eagle, CO 81631 Telephone# (970) 328-8605 Fax# (970) 328-8629 E-mail Address Stgnatftre E$C GO TATE : COjNtAH y a}� l roL Ain Its na Name Diana Kafka Position Admin Tech IV Agency Eagle County Sheriff's Office Mailing Address P.O. Box 359 City, State, Zip Eagle, CO 81631 Fax # - I (970) 328-1448 E-mail Address I info@sheriff.eagle.co.uS r.arrre Mike McWilliam Position Detective Sergeant Agency Eagle County Sheriff's Office Mailing Address P.O. Box 359 City, State, tip Ea le, CO 81631 Telephone # (970)328-8500 Fax# (970)328-1448 E-mail Address info@sheriff.eagle.co.us Version 3/27/02