Loading...
HomeMy WebLinkAboutGrant Related - New Hope DV/SA0410 new beginnings. better tomorrows. June 21, 2022 Board of Grant County Commissioners PO Box 37 Ephrata, WA 98823 RE: Signature for Contract #S23-31108-004 Dear Board of County Commissioners: Please see attached contract for review and approval. N' 2 Za�� 4 Contractor: Department of Commerce, Office of Crime Victims Advocacy Term of Contract: 7.1.2022 to 6.30.2023 Kip Purpose: .0 Violence Against Women DVLA Grant Amount: $23,247 There is no change in the amount of funding this year, this is just a renewal to continue on with the same services and funding as previous year. Suzi Fode is requesting permission to Docu-Sign electronically with the contractor. Thank you for your consideration, Suzi Fode, Director Kids Hope and New Hope DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 Grant Agreement with Lim,, M. re =4Z, �, through Office of Crime Victims Advocacy Community Services and Housing Division To provide funding in support of the Domestic Violence Legal Advocacy Program that ensures victims' interests are represented and their rights upheld within the criminal and civil justice systems. Start date: July 1, 2022 oocuSionEnvelope ID: 50oo39E3-Dl DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 TABLE OF CONTENTS FaceSheet...............................................................................................................................................1 SpecialTerms and Conditions..................................................................................................................2 1. Authority.......................................................................................................................................2 2. Billing Procedures and Payment.................................................................................................2 3. Com pensation............................................................................................................................. 2 4. Fraud ................................................. ........................................................................................ ..3 5. Grant Management.....................................................................................................................3 6. Grant Modification .............................................. ........3 ................................................................. 7. Insurance..................................................................................................................................... 3 8. Reporting.....................................................................................................................................4 9. Subgrantee Data Collection........................................................................................................5 10. Requirement to Report Breach of Personally Identifiable Information ........................................ 5 11. Order of Precedence...................................................................................................................5 General Terms and Conditions .......................... ........6 ............................................................................... 1. Definitions....................................................................................................................................6 2. All Writings Contained Herein.....................................................................................................6 3. Amendments............................................................................... ...............6 ................................. 4. Assignment..................................................................................................................................6 5. Confidentiality/Safeguarding of Information................................................................................6 6. Copyright .................. ............7 ....................................................................................................... 7. Disputes......................................................................................................................................7 8. Governing Law and Venue..........................................................................................................7 9. Indemnification............................................................................................................................8 10. Licensing, Accreditation, and Registration..................................................................................8 11. Recapture.................................................................................................................................... 8 12. Records Maintenance.................................................................................................................8 13. Savings........................................................................................................................................8 14. Severability..................................................................................................................................8 15. Subgranting.................................................................................................................................8 16. Survival........................................................................................................................................9 17. Termination for Cause/Suspension.............................................................................................9 18. Termination for Convenience......................................................................................................9 19. Termination Procedures..............................................................................................................9 20. Treatment of Assets..................................................................................................................10 21. Waiver.......................................................................................................................................11 Attachment A - Scope of Work Attachment B - Budget DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 FACE SHEET Grant Number: S23-31108-004 Washington State Department of Commerce Community Services and Housing Division Office of Crime Victims Advocacy SFY 2023 Violence Against Women DVLA Grant Program 1. Grantee 2. Grantee Doing Business As (optional) GRANT, COUNTY OF New Hope PO BOX 37 EPHRATA, WA 98823-0037 3. Grantee Representative 4. COMMERCE Representative SuziFode Mia Davidson PO Box 42525 Director Program Coordinator 98504-2525 sfode@grantcountywa.gov Phone: (360) 725-2835 (509) 764-8402 mia.davidson@commerce.wa.gov 1011 Plum Street SE Olympia, WA 98501 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $23;247.00 Federal: ❑ State: 2 Other: ❑ NIA: ❑ 07/01/2022 06/30/2023 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A SWV0002426-17 132001884 ZL6WM26K8KR5 14. Grant Purpose To provide funding in support of the Domestic Violence Legal Advocacy Program that ensures victims' interests are represented and their rights upheld within the criminal and civil justice systems. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" — Budget, and Application for Funding. FOR GRANTEE FOR COMMERCE Diane Klontz, Assistant Director Signature SuziFode Date Name Director APPROVED AS TO FORM ONLY Title BY ASSISTANT ATTORNEY GENERAL. APPROVAL ON FILE Date DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. AUTHORITY COMMERCE and Grantee enter into this Grant pursuant to the authority granted by Chapter 39.34 RCW . 2. BILLING PROCEDURES AND PAYMENT The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-19) form provided by OCVA program staff. Invoices shall be submitted at least quarterly, but not more often than monthly, on the Invoice Voucher (A-19) Forms. The Invoice Voucher shall be submitted to Mia Davidson Program Coordinator, Office of Crime Victims Advocacy. Invoices can be submitted electronically by email to mia.davidson@commerce.wa.gov, or via Secure Access Washington and the Commerce Contract Management System (CMS). COMMERCE will pay Grantee upon acceptance of program activities provided and receipt of properly completed invoices. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be made via electronic funds transfer. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. Payment will be on a reimbursement basis only. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subgrantees. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $23,247.00 for the performance of all things necessary for, or incidental to, the performance of work as set forth in Attachment A — Scope of Work. Grantee's compensation for services rendered shall be based in accordance with Attachment B — Budget. Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Approved expenditures include salary and fringe benefits for the legal advocate and any goods and oil DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS services incurred in the direct performance of the work program outlined in this Grant. All costs must be itemized into the following four categories: salary, benefits, goods and services, and non -client operational costs. No more than ten (10) percent of the total budget shall be expended for non -client operational costs. Travel expenses incurred or paid by the Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Travel expenses are included in the maximum grant amount for this Grant. Current rates for travel may be accessed at: https:llwww.ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf. 4. F RAU D Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Grant immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 5. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 6. GRANT MODIFICATION Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, COMMERCE may, by written notification to the Grantee and without notice to any known guarantor or surety, make changes within the general scope of the program activities to be performed under this Grant. All other modifications shall not be valid unless made in writing and signed by the parties. Any oral understandings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole discretion, may unilaterally modify the Grant to reduce the balance of the grant budget. Funds de - obligated by COMMERCE as a result of a budget reduction may be made available to other grantees for the provision of eligible program activities. 7. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee, or agents of either, while performing under the terms of this Grant. Failure to maintain the required insurance coverage may result in termination of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall provide COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non- renewal or modification. The Grantee shall submit to COMMERCE within fifteen (15) calendar days of a written request by COMMERCE, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, if required or requested, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required 3 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS under this section. The Grantee shall provide at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of Subgrants. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantees, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. (This provision applies only if the grantee or Subgrantees are using the services of licensed professionals to perform services described under this Grant.) The Grantee shall maintain Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under contract to the Grantee. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Government Contractors that Participate in a Self -Insurance Program Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from COMMERCE, the Grantee may provide the. coverage above under a self-insured/liability pool or self- insured risk management program. In order to obtain permission from COMMERCE, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Grantees participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool or self-insured risk management programs, if the pool or program is prohibited from naming third parties as additional insured. Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self- insurance, evidencing continued coverage under Grantee's self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self-insurance will be provided within fifteen (15) calendar days of a written request by COMMERCE. 8. REPORTING The Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of domestic violence legal advocacy services. The report data will be due in InfoNet no later than October 15, 2022; January 15, 2023; April 15, 2023; and with final invoice. The Grantee shall submit non -personally identifying demographic, service and compliance data required by state funding sources in the InfoNet data collection system. The Grantee shall maintain documentation and records that support the data reported in InfoNet. The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site. 4 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Procedures shall include: • only authorized staff are provided access to the InfoNet data and files; • staff are informed of the need for security and confidentiality of data and files maintained in or available through the InfoNet system; and • that the Grantee shall notify the appropriate OCVA Program Coordinator for this Grant when an employee is no longer authorized to access the InfoNet system. 9. SUBGRANTEE DATA COLLECTION Grantee will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant performed by subgrantees and the portion of Grant funds expended for work performed by subgrantees, including, but not necessarily limited to, minority-owned, woman -owned, and veteran -owned business subgrantees. "Subgrantee" shall mean subgrantees of any tier. 10. REQUIREMENT TO REPORT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION The Grantee must have written procedures in place to respond in the event of an actual or imminent breach of personally identifiable information (as defined in RCW's 70.123.076, 5.60.060, and 70.123.075) if Grantee creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information within the scope of a DVLA grant -funded program or activity. The Grantee's breach procedures must include a requirement to report actual or imminent breach of personally identifiable information to the authorized representative identified on the Face Sheet of this Grant no later than twenty-four (24) hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes and regulations 2. Face Sheet 3. Special Terms and Conditions 4. General Terms and Conditions 5. Attachment A — Scope of Work 6. Attachment B — Budget 7. Application for Funding 9 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "Subgrantee" and "Subgrantees" means Subgrantee(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 5. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and 3. All "personal information" in the possession of the Grantee that may not be disclosed under state or federal law. B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may 6 DocuSign Envelope ID: 50DO39E3-Dl37-4C6A-AE98-D7D842335FO6 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within twenty-four (24) hours of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 7 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION, AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. 11. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 12. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to, accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten (10) calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 15. SUBGRANTING The Grantee may only Subgrant work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves Subgranting, the Grantee shall maintain written procedures related to Subgranting, as well as copies of all Subgrants and records related to Subgrants. For cause, COMMERCE in writing may: (a) require the Grantee to amend its Subgranting procedures as they relate to this Grant; (b) prohibit the Grantee from Subgranting with a particular person or entity; or (c) require the Grantee to rescind or amend a Subgrant. DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Every Subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal conditions of this Grant. In no event shall the existence of a Subgrant operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every Subgrant shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the Subgrant. 16. S U RVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 17. TERMINATION FOR CAUSE/SUSPENSION In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within thirty (30) calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE 9 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: A. Stop work under the Grant on the date, and to the extent specified, in the notice; B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. All references to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees. 10 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE 11 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 ATTACHMENT A SCOPE OF WORK SFY 2023 Violence Against Women DVLA Grant Program July 1, 2022 through June 30, 2023 New Hope shall provide staff and furnish goods and services necessary to accomplish the activities under the Domestic Violence Legal Advocacy Program grant funding during the grant period. This Grant is not a Benefit or Entitlement to the Grantee. It is not to be used to acquire property or services for the state government's direct benefit. The principle purpose of this Grant is to provide funding for New Hope to accomplish a public purpose. Funding from this Grant must be used to support the grantee's domestic violence legal advocacy program to ensure assistance is available to support a victim's recovery. Grantee must ensure that activities funded under this Grant program are provided to victims/survivors of both intimate partner and non - intimate partner domestic violence and are available during grantee's regular business hours. Activities shall include, but not be limited to: • active advocacy on behalf of the client; • courtroom/hearing support and preparation for the courtroom; • assistance with safety planning; • legal education for a client on specific issues; • assistance in procuring protection/no-contact/restraining/anti-harassment orders; • assistance in gathering information for divorce/separation and/or child custody/visitation/parenting plans; and • referrals to other agencies which can provide information or assistance to the client. The legal advocate shall have a background in both domestic violence and legal or court -based activities. Grantee must comply with the provision of services to domestic violence clients as described in WAC 388-61A1015. The Grantee shall document in the individual's personnel file and record in InfoNet all training that the legal advocate has received in accordance with WAC 366-61A-1080. Funding from this Grant cannot be used for legal representation. CLIENT RECORDS Grantee shall maintain a written file for clients who are served pursuant to this Grant and records must comply with standards found in WAC 388-61A-1060. At a minimum, files shall: • include an intake that clearly demonstrates each client's eligibility for domestic violence services; • be brief in documenting the advocacy services provided to the client if written documentation of services is also maintained in the client file; • document only sufficient information to identify the service provided, and not include any references to client feelings, emotional or psychological assessments, diagnoses, or similar subjective observations or judgments (documentation shall not include any direct quotes from the client); and • include copies of all required releases and client notices. DELIVERABLES The grantee shall provide OCVA with the following deliverables: 1. Services — As detailed above 2. Reports — As described in Section 8 of Special Terms and Conditions 3. Vouchers — Must be submitted at least quarterly 12 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 ATTACHMENT A PERFORMANCE MEASURES Provision of the deliverables listed above will be measured using the following performance measures: • 90% of required data will be submitted on time. 13 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 ATTACHMENT B Budget Total Salaries $12,707.00 Benefits $8,370.00 Goods and Services $2,.170.00 Total $23,,247.00 Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current rates for travel may accessed at: https://www.ofm.wa.gov/sites/default/files/public/resources/travel/colorm 14 DocuSign Envelope ID: 50D039E3-D137-4C6A-AE98-D7D842335F06 LAW,% Washington Skate CID . I erc- e % OYI IM' DocuSign Contract Review and Routing Form Office of Crime Victims Advocacy Grant proofed documents Mia Davidson Manager 16/13/2022 12:39 PM PDT Section Matched approved Obligation Summary Jodine Honeysett Memo and Allocation Spreadsheet 6/13/2022 14:39 PM PDT Manager Reviewed entry and coding in CMS Correct template from IntraCOM has (Assistant) been used Richard Torrance Managing OR 6/14/2022 17:16 AM PDT Director Documentation has been included with reason for exception .. 1.. ...... \ C a,nt Man, erne d t�.v U � � _ \: ,.. .. ,.v.... .,. Y „... .. ., \ .. \. 1, ,\D...� .. ,.. ,..... \ .. ,\ ,.. `\ .. '::� \ •' Reviewed by: Title: I verify that I have: Date: Grant Checked that Grantee has completed all Manager required certifications and/or forms Updated 5/25/2022 .Certificate Of Completion Envelope Id: 50DO39E3Dl374C6AAE98D7D842335FO6 Status: Sent Subject: Please DocuSign: OCVA DVLA Grant - New Hope Division: Community Services and Housing Program: OCVA ContractNumber: S23-31108-004 DocumentType: Contract Source Envelope: Document Pages: 18 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Kelly Tracy AutoNav: Enabled 1011 Plum Street SE Envelopeld Stamping: Enabled MS 42525 Time Zone: (UTC -08:00) Pacific Time (US & Canada) Olympia, WA 98504-2525 kelly.tracy@commerce.wa.gov IP Address: 198.239.106.153 :Recor ;Tr k n d ac Status: Original Holder: Kelly Tracy Location: DocuSign 6/9/2022 4:28:34 PM kelly.tracy@commerce.wa.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign Si ner Events Sr nature Ts mestam __g J _ Mia Davidson Completed Sent: 6/9/2022 4:32:24 PM mia.davidson@commerce.wa.gov Viewed: 6/13/2022 2:34:43 PM Commerce Specialist 1 Signed: 6/13/2022 2:39:26 PM Washington State Department of Commerce Signed by link sent to Security Level: Email, Account Authentication mia.davidson@commerce.wa.gov (None) Using IP Address: 147.55.149.140 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jodine Honeysett Completed Sent: 6/13/2022 2:39:27 PM jodine.honeysett@commerce.wa.gov Viewed: 6/13/2022 4:38:09 PM Security Level: Email, Account Authentication Signed: 6/13/2022 4:39:12 PM (None) Signed by link sent to jodine.honeysett@commerce.wa.gov Using IP Address: 147.55.149.217 Electronic Record and Signature Disclosure: Not Offered via DocuSign Richard Torrance Completed Sent: 6/13/2022 4:39:13 PM richard.torrance@commerce.wa.gov Viewed: 6/14/2022 7:16:50 AM Washington State Department of Commerce Signed: 6/14/2022 7:16:53 AM Security Level: Email, Account Authentication Signed by link sent to (None) richard.torrance@commerce.wa.gov Using IP Address: 147.55.134.32 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signafiure Timestamp Suzi Fode sfode@grantcountywa.gov Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/22/20219:54:00 AM I D: f9391 c86-5931-4a2b-9328-a83d20f3b27c Diane Klontz diane.klontz@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 6/14/2022 7:16:54 AM Viewed: 6/14/2022 11:30:46 AM In_ erson Si ner :Events S� nature :: : Timestam Editor :Deliver Ev s ent _ _ . _ .:.Status..:.._ ..;:" _ , . - .Timestam .__��.,-,. �.ii-. i - :H�ri.•• i .y,,.. t e Events`; = A► en D I v .ins %� Status Timestam Intermedia Deliver Delive E . ;Statu. s Timesta .Certified Delivery Events Status Timestamp r n Ev , Ca bo Co ants p S afius Timestam . witne s Ev n s e is Sr nature' _. --.-,- T amestam Nota Events : ., _. ry S� nature Timest am Envie o e Sumn r Events L _ _ _ a , .....Status Envelope Sent Hashed/Encrypted 6/9/2022 4:32:24 PM ' Pa mentEvan is tatu _ T S EI r ni Red n i- na r Di r ec,o c e d a d S toe sclosu e Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM Parties agreed to: Suzi Fode ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.15 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: htlps:Hsupport.docusi,_n.com/guides/signer_ giide- si_Rning- system -requirements . Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce.