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Agreements/Contracts - New Hope DV/SA
K19-136 AR, we U M re LOP rt ARM Grant Agreement with New Hope through Office of Crime Victims Advocacy Community Services and Housing Division For Children's Advocacy Center Child Centered Services VOCA Initiative Start date: 07/01/2019 REP THIS PAGE INTENTIONALLY LEFT BLANK TABU OF CONTENTS FaceSheet................................................................................................................................................... 1 SpecialTerms and Conditions.............................................................................................2 1. Acknowledgement of Federal Funding........................................................................................... 2 2, Applicability of Part 200 Uniform Requirements ..® ....................... ...... .........................Oi... 2 3. Billing Procedures and Payment......................................................................................................3 4. Breach of Personally Identifiable Information(PII)......................................... 3 5. Compensation..................................................................................................................................3 6. Compliance with DOJ Grants Financial Guide................................................................................ 4 7. Computer Networks......................................................................................................................... 4 8. Conferences, Meetings, and Trainings............................................................................................ 4 9. Equal Employment Opportunity Program(EEOP)........................................................................... 5 10. Equal Opportunity Treatment For Faith Based Organizations......................................................... 5 11. Examination of Records................................................................................................................... 5 12. Failure to Address Audit Issues ...................................................... . . ..................................5 13. Federal Non -Discrimination Requirements...................................................................................... 5 14. Fraud, Waste, Abuse, Or Misconduct.............................................................................................. 6 15. General Appropriations -Law Restrictions on the Use of Federal funds ........................................... 6 16. Grant Management.......................................................................................................................... 6 17. Grant Modification.......................................................,.................................................................... 6 18. Insurance......................................................................................................................................... 7 19. Noncompetitive Procurement Contracts Over $250,000................................................................. 7 20. Non -Supplanting Certification.......................................................................................................... 8 21. OJP Training Guiding Principles......................................................................................................8 22. Prohibitions on Reprisal; Notice to Employees .......................................... 8 23. Reducing Text Messaging While Driving., ... ......................................................................... .... 8 24. Reporting..........................................................................................................................................8 25. Requirement Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including Reporting Requirements and OJP Authority to Terminate Award) ................................. 9 26. Restrictions and Certifications Regarding Non -Disclosure Agreements and RelatedMatters................................................................................................................................9 27. Restrictions on Lobbying............................................................................................................... 10 28. Services To Limited English Proficient (LEP) Persons................................................................. 10 29. Subcontractor Data Collection.......................................................................................................10 30. Order of Precedence...................................................................................................................... 11 GeneralTerms and Conditions................................................................................................................... 12 1. Definitions......................................................................................................................................12 2. Access to Data............................................................................................................................... 12 3. Advance Payments Prohibited....................................................................................................... 12 4. All Writings Contained Herein........................................................................................................13 5. Amendments.................................................................................................................................. 13 6. Americans With Disabilities Act (ADA)........................................................................................... 13 7. Assignment....................................................................................................................................13 8. Attorney's Fees... ............... ........................ ........ ........................ ........ _-_ .......................... 13 9. Audit..........................................................................................................................................13 10. Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion ............. 13 11. Confidentiality/Safeguarding of Information...................................................................................14 12. Conflict of Interest .........................................................................................................................15 13. Copyright Provision........................................................................................................................15 14. Disputes.........................................................................................................................................16 15. Duplicate Payment...................................................................•....•................................................16 16. Governing Law and Venue............................................................................................................16 17. Indemnification ............................................................................................................ 16 17 18. Independent Capacity of the Grantee,................................................................................•........... 19. Indirect Costs ...........................................................,...................................17 20. Industrial Insurance Coverage............ ...... • ... • ............. . e .. , ........... , ............ . • ........ a ...... . ..................17 21. Laws...................................•...........................................17 22. Licensin Accreditation and Registration.......................................................................................17 g, 23. Limitation of Authority..................................•.................................................................................17 18 24. Noncompliance With Nondiscrimination Laws .............. ....... .........I.................................................. 25. Pay Equity............................................................................................. ................................... 1 1 26. Political Activities ................................................ .............................................................................. . 18 27. Procurement Standards for Federally Funded Programs .................• ••••••••••••......••.............••••• 28. Publicity .................................................... .............:. ..................•................... 19 19 29. Recapture....................................................................................•....,............................................. 2 30. Records Maintenance.................................................................................................................... 2 31. Registration With Department of Revenue...................................................•................................ 32. Right of Inspection......................................................................................................................... 2 33. Savings .......................................... ...............•............... .................. ...•.................................20 34. Severability....................................................................................................................................2.0 20 35. Site Security .................................................................................................................... 36. Subgranting/Subcontracting...........................................................................................................20 37. Survival......................................................................... 21 2 1 38. Taxes................................................................................ .............. .................................... ..., 21 39. Termination for Cause......................................................... ............................... .................... 2 40. Termination for Convenience........................................................................................................, 21 41. Termination Procedures.........................................................................................,................... 2 42. Treatment of Assets....................................................................................................................... 43. Waiver.........................................................................................................................................23 Attachment A - Scope of Work Attachment B - Budget Attachment C Equal Employment Opportunity Plan Certification Attachment D -Victims of Crime Act (VOLA) Program Rule App -� Appendix A Children's Advocacy Center Child Centered Services Draft Service Standards FACE SHEET Grant Number-. F'18-312194401 Washington State Department of Commerce Comm-Linity SeNices an'd'Houslng Division Office of Crime Victims Advocacy Children's AdvoCaGyCenter Child Centered Services VOLA InItIative 1., Grantee 2. Grantee Doing Business As (option -al) Grant, County Ot, Ne%N Hope PO 80X 37 EPHRATA V\tA 98823-0087 3. Grantee Representative 4. COMMERCE Representative. Suzi lode Sherina James PO. Box 42525 Direc,it q r Program Coordinator 98504-8304 �11:ode ;A-grantco untyxiva,gov Rhone: (360) 7205-2904 (509)764 -8402 1 Fax: (360) 686-7176 1©11 Plurn Street SE sherina.'ame-sCaicommerce,wa,g-ov I Olympia WA 98501 5. Grant Amount 6. Funding Source 7, Start Date 8. End Date Federak, ED State; 0 Other: 0 NIA: FJ 07101/2019 0613012020 9.. Focteral Funds as applicable) $116,940.00 Federal Agency: Department oi Justice, CFDA Number: 16.575 Indirect Rate (If applicable): Office for Victim's of Crime 10, s # 1.1. U31 4 12, DUNS# SWI V`0002426-17 1-32001884 010202562 13, Grant Purpose To support Children's AdvoCracy Center Child Centered Services VOCA Initiative g3 ant otiv "-, COMMERCE, deffined as the Department of Commerce, and the Gr jantee, as defined a bove; .,acknowl edge and accept flne t: erms of this Grant a!nd attachments and have executed this Grant or, the date beiow to start as.of the date and year referenced above, The Etas s and oblIgaflons of rlglbo�h par-1L1us to this Gr'ant are governed by this Grant and the followfl-Ig other documents incorporated by relerence: Grant Terms and. Conditions including Aftadnment A - Scope of Work; At liment 5 - Budget; At�achment. C -Equal Employment Oppottunity Plan Certification, Attachment Q - Victims of Crinne Act (UCCA) Program Rule; Appendix A - C.-hi'dren's. Center 411 Advocacy iter Ch,`-l..,d.Cen-11.e.red Services Draft service Standard,,;; and Graintl-ee's Appllodmi for Fundin.g. FOR GRANTEE FOR COMMERCE fFE 4+ inQ" Klontz, A i ta. I Director Signature I om 'Taylor I N1 im e Date -V Chair Board of Grant County Commissioners APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL Title APPROVAL ON 51LE 90M 9 Date I SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: 10/1/2017 -- 9/30/2021 Federal Award identification Number (FAIN): 2018-V2-GX-0046 Total Amount of the Federal Award: $74,702,737 Awarding Official: Department of Justice, Office of Justice Programs, Office for Victims of Crime Amount obligated by this action: $116,940.00 The Grantee agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in whole or in part with federal funds under this Grant, shall contain the following statements: "This project was supported by Grant No. 2018-V2-GX-0046 awarded by Office for Victims of Crime, US Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Office for Victims of Crime, US Department of Justice. Grant funds are administered by the Office of Crime Victims Advocacy, Washington State Department of COMMERCE." In the event a correction is required to the Acknowledgement of Federal Funding, an administrative change will be processed. A change to the Acknowledgement. of Federal Funding will not affect your budget or scope of work and notice will be provided. 2. APPLICABILITY OF PART 200 UNIFORM. REQUIREMENTS The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. if this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived Z the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. r For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP ` website at httQs.-//oiQ.qov/funding/Part200UniformR rements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient __-_.___ ("subgrantee") at any tier) must retain -- typically for a,period of.3..years.from _the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUND8 3. BILLING PROCEDURES AND PAYMENT The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-1Q)form provided byOC\AAprogram 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 Shehna Jomea, Program Coordinator. Invoices can besubmitted electronically byemail bz Grantees may also utilize C[)K4MERCE'o online invoicing system. 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 sent to the address designated by the Grantee. 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. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by COMMERCE. 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 orthat ofits Subcontractors. . BREACH OF PERSONALLY IDENTIFIABLE INFORMATIO The Grantee must have written procedures in place to respond in the event of an actual or imminent "breach" (Oy@B M'17-12) if it (or a subcontract/subgrantee)-1) oreetes, ooUeots, uaeo, proneaseo, stonss, maintains, disseminates, diocloses, or disposes of "personally identifiable information (PH)" (2 CFR 200.79) within the scope of an OJP grant -funded program or aotivity, or 2) uses or operates a "Federal information system" (OMB Circular A-1 30). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to their Commerce Grant Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 5. COMPENSATION COMMERCE shall pay an amount not to exceed ($116,940.00) for the performance of all things necessary for orincidental to the performance of work as set forthinAttachmentA-Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment B — Budget. The Grantee shall provide anon-federal match for the Victims ofCrime Act portion ofthis Grant. The total match tobeprovided shall beotleast $2B'235.00.All funds designated asmatch are restricted to the same uses as VOCA federal funds. Match funds may be expended in a greater proportion to grant funda, however, all match funds must be expanded prior to the close of this Grant. Expenditures of match funds must beidentified onthe invoice voucher form. Transfer cffunds between |ineitembudgetoetegorieomuatbeepprovedbythaOffioeofChmeViotima SPECIAL TERMS AND. CONDITIONS GENERAL GRANT FEDERAL FUNDS of the total program budget shall be subject to justification andnegotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Expenses Payment will be on a reimbursement basis only. Consultant fees may not exceed $650per day or $81.25 per hour for the Victims of Crime Act portion of this Grant (excluding travel and subsistence costs). vel ex enses incurred or aid by Grantee shall be `reimbursed at a `rate not to exceed the current Tra p P state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Any out-of-state travel must be approved in advance by the COMMERCE program coordinator for this Grant. Current travel rates may be accessed at https•//ofm wa gov/sites/default/files/public/resources/travel/colormap.pdf. The Grantee agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs Financial Guide, which can be found at hates•//ojp qov/financiale/DOJ/index.htm. Funds payable under this Grant include federal Victims of Crime Act (VOCA) victim assistance grant funds (CFDA Number 16.575). Inp erformance of the services, requirements, and activities set forth herein, the Grantee shall comply with all applicable federal requirements of the Victims of Crime Act Rule hat s://www.federalre ister. ov/documents/2016/07/48/2010-16085/victims-of-crime-act-victim- assistance-program. 6. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at ht-'Lps://ojp.gov/financiaiguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants. Financial Guide. 7. CONIPUTE-R NETWORKS Grantee understands and agrees that it cannot use any federal funds to maintain, or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. CONFERENCESj ' MEETINGS, AND TRAININGS The recipient', and any breci ient/sub rantee, must comply with all applicable laws, regulations, su p g policies, and official DOJ guidance (including specific cost limits, prior approval and reporting p� requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that. term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.14 of "Postaward Requirements" in the "DOJ Grants Financial_ Guide"). 8. 4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 9. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP) The Grantee certifies that you have verified with the appropriate person in your agency that, as a recipient of VOCA Grant funds, your agency will complete an EEOP Certification to claim either a complete exemption or limited exemption from the submission requirement. A complete exemption means that your agency is not required to prepare an EEOP because it meets one or more of the following: • Recipient has less than 50 employees Recipient is an education institution • Recipient is an Indian Tribe • Recipient is a medical institution • Recipient is a non-profit organization • Recipient's award is less than $25,000 A limited exemption of the submission requirement means that your agency has formulated an EEOP that has been signed and is available for review because the agency has 50 or more employees and is receiving a single award or subaward of $25,000 or more, but less than $500,000. 10. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS The Grantee agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of Justice regulation. 11. EXAMINATION OF RECORDS The Grantee authorizes Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper or documents related to the VOCA grant. The State will further ensure that all VOCA subgrantees will authorize representatives of OVC and OCFO access to and the right to examine all records, books, paper or documents related to the VOCA grant. 12. FAILURE TO ADDRESS AUDIT ISSUES The Grantee understands and agrees that COMMERCE may withhold grant funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the Grantee does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 13. FEDERAL NON-DISCRIMINATION REQUIREMENTS It will comply with any applicable federal non-discrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (VOCA) of 1984 (34 U.S.C. § 20101); • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); • the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 168121683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); A SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 0 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); 0 28 C.F.R. Part 54 (U.S. Department of Justice Regulations — Nondiscrimination on the Basis of Sex In Education Programs or Activities Receiving Federal Financial Assistance); Executive Order 13279 (equal protection of the law for -faith based and community organizations); and 28 C.F.R. Part 38((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). Applicant also ensures compliance with Federal law prohibiting ting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. Information about civil rights obligations of Grantees can be found at http://www.oip.usdoi.gov/ocr/. 14. FRAUD, WASTE, ABUSE,- OR MISCONDUCT The Grantee, and any Subgrantee at any tier, must promptly refer to the DOJ OIG any credible evidence that aprincipal, employee, agent, Grantee, Subgrantee, Subcontractor, or other person has either 1) submitted 'a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or misconduct should. be reported to the OIG by: Mail: Office of the I nspector General Email: oig.hotline(D_usdoj.qo U.S. Department of Justice Hotline: (800) 869-4499 Investigations Division Hotline fax.- (202) 616-9881 950 Pennsylvania Avenue, NW Room 4706 Washington, DC 20530 15. GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS The Grantee, and any Subgrantee at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at bttP5L1/o i jD.qov/fundinq/Ex Qlore/FY1 8Appropriatio ns Restrictions. htm, and are incorporated by reference here. .Should a question. arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact COMMERCE for guidance, and may not proceed. without the express prior written approval of COMMERCE. 16. 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 grant 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. 17. 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 6 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 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. 18. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state 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/subcontractor, or agents of either, while performing under the terms 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 instruct the insurers to give 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 the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. 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 Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of su b g ra nts/subcontracts . Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, 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. 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. 19. NONCOMPETITIVE PROCUREMENT CONTRACTS OVER $2501000 No /OCA Grant funds will be used to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to 7 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS agreements that, for the purposes of federal grants administration, OJP considers a procurement "contract" (and therefore does not consider a subaward). 20. NON -SUPPLANTING CERTIFICATION No VOLA Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. VOCA Grant funds will be used to increase the total amount of funds used for crime victim assistance. Violation of the non -supplanting requirement can result in a range of. penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant; and civil and/or criminal penalties. 21. OJP TRAINING GUIDING PRINCIPLES Any training or training materials that the Grantee, or any Subgrantee at any tier, develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Sub rantees, available at https://oi�gov/funding/oiptrainingguidinggrinciples,htm. g 22. PROHIBITIONS ON REPRISAL° NOTICE TO EMPLOYEES Grantee( Y subgrantee/subcontractor) an sub rantee/subcontractor) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable.. provisions that prohibit, under specified circumstances, discrimination against.. an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 23. REDUCING TEXT MESSAGING 'ir''UHILE DRIVING Pursuant to executive order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department of Justice encourages recipients and sub - recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 24. REPORTING .Grantees must collect and maintain data that measure the performance and effectiveness of work done - under this grant. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of Children's. Advocacy Center Child Centered Services VOLA Initiative services. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative, to the provision of Children's Advocacy Center Child Centered Services VOCA Initiative services. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. The Grantee shall submit non -personally identifying demographic, service and compliance data T e p 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. Procedures shall include: • Only authorized staff are provided access to the InfoNet data and files; 8 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS • 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 Department Program Coordinator for this grant when an employee is no longer authorized to access the InfoNet system. Grantees will also submit semi-annual narrative reports on Children's Advocacy Center Child Centered Services VOLA Initiative activities. This information on the activities supported by the grant funding will assist in assessing the effects that the VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. 25. REQUIREMENT PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PERSONS (INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE AWA RD The Grantee and any Subgrantee at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients, Subgrantees, or individuals defined (for purposes of this condition) as "employees" of the Grantee or of any Subgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://oip.gov/funding/Explore/Prohibited Conduct -Trafficking htm (grant condition: prohibited conduct by Grantees and Subgrantees related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 26. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED MATTERS No Grantee or Subgrantee under this Grant, or entity that receives a procurement contract or subcontract with any funds under this Grant, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The forgoing is not intended, and shall not be understood by the agency making this Grant, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive comportment information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. A. In accepting this award, the recipient: 1. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict), employees or contractors from reporting waste, fraud, or abuse as described above; and 2. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. B. If the Grantee does or is authorized under this Grant to make Subgrantee, procurement contracts, or both: 9 27. SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. It represents that: a. it has determined that no other entity that the Grantee's application proposes may or will receive grant funds (whether -through 'a Subgrant, procurement contract, or subcontract under a procurement contract) either requires . or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. it has made* appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and 2. it certifies that if it learns or is notified that any Subgrantee, contractor, or subcontractor entity that . receives fu - nds under this Grant is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations. of ward funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligation only if expressly authorized to do so by that agency. RESTRICTIONS ON LOBBYING In eneral as a matter. of federal law, federal funds' awarded by OJP may not be used by the Grantee, g, or ansubgrantee at any tier; either directly . or'lindirectly, to support or: oppose the enactment, repeal, y: regulation, or policy at any level of government. See 18 U.S.C. modification, or adoption of any law, 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be.barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the Grantee, or any Subgrantee at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the . awarding of a federal grant or cooperative agreement, Subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such, award. See 31 U.S.C. 1352. Certain exceptions to this law I apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Grantee (or Subgrantee) would or might fall within the scope of these prohibitions, the .Grantee is to contact. COMMERCE for gu I idance, and may not proceed without the express prior written approval of COMMERCE. 28. SERVICES TO LIMITED -ENGLISH -PROFICIENT (LEPYPERSONS To ensure compliance with Title VI and the Safe Streets Act, the Grantee is required to take reasonable -steps to ensure I that LEP persons have meaningful access to their programs. Meaningful access may entail provi'ding language assistance services, including interpretation and translation services, where necessary. Grantees are encouraged to consider the need for language services for LEP persons served or encountered both in developing their programs and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. 29. SUBCONTRACTOR 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 subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not .necessarily limited to We SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FINDS minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 30. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget • Attachment C — Equal Employment Opportunity Plan Certification • Attachment D - Victims of Crime Act (VOLA} Program Rule • Appendix A — Children's Advocacy Center Child Centered Services Draft Service Standards • Children's Advocacy Center Child Centered Services VOCA Initiative Application for Funding as submitted and approved by COMMERCE 11 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 'I. 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. "Modified Total Direct Costs (MTDC" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. F. "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. G. "State" shall mean the state of Washington. H. "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/subcontractor" refers to any tier. 1. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. J. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED NopaY ments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 12 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 4. 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. 5. 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. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. 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. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs. ONLIM-91" If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.5011 reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to auditreview(c-_Dcommerce.wa.gov. 10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRI MARY AND LOWER TIER COVERED TRANSACTIONS A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 13 GENERAL TERMS AND CONDITIONS GENERAL GRANT .FEDERAL FUNDS 3. Are not presently indicted for or otherwise criminallycivilly char ed by a governmental entity . or.,.c,iv. 9 (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and 4. Haven otwithin a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will includethe clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.. b Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower. tier covered transaction, person, primary covered ran ed trsaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sectio ' ns of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 11. CON FIDENTIALITYISAFEG UARDIN G 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 orfederal law.d "Personal information"in es- but is not limited to informationi. related to a , *. includes person's name health, finances, education, business,: use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numr be s and "Protected Health Inform ation." under the federal Health, Insurance Portability and Accountability Act of 1996 (HIPAA). e shall o'm c ply with all state and federal laws related to the use, sharing, transfer, sale, B. The Grante or . disclosure of Confidential Information. The Grantee shall use Confidential Information solely for thepurposes: of this Grant and shall not use, :share, transfer, sell or disclose any Confidential Information to an . y third party except with the prior written consent of COMMERCE or as may be required bylaw. 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 14 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL 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. 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the Office of Crime Victims Advocacy program including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further consideration for the award of a Grant. in the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Grant. 13. COPYRIGHT PROVISIONS 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 15 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS represents that the Grantee has all rights and permissions including intellectual property rights, moral Tights 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.', r COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 14. DISPUTES Except as of provided rovided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a - dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state .the disputed issues; • state the relative positions of the parties; • state the Grantee's name, address, andGrant number; and • be mailed to the Director and the other. party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute.. The respondent shall `send a written answer to the requestor's statement to both the Director or the Director's 'designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten 10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The partes agreep that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 15. DUPLICATE {PAYMENT . shat[ notpay_the Grantee, if the Grantee has charged or will charge the State of COMMERCE Washin ton or an other arty under any other Grant, subgrant/subcontract, or agreement, for the g y p Same services or expenses. 16. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 17. INDEMNIFICATION extent permitted b law, the Grantee shall indemnify, defend, and hold harmless the state To the fullestp y of Washington COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for, injuries or death arising out. of or resulting -from the performance of the Grant. "Claire" as used in this Grant, means any financial loss, claim, suit, action, damage, or expense, 16 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee/subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent. contractor relationship will be created by this Grant. The Grantee and its employees or agents performing -under this Grant are not employees or agents of the state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 19. INDIRECT COSTS The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 2®. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 21. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended. 22. 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. 23. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by the Agent. 17 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, Ahis Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 25. PAY EQUITY The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: A. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: . A seniority system; a meritsY stem; a system that measures earnings by quantity or quality of �1 production; a bona fide job-related factor or factors; or a bona fide regional.difference in compensation. 2. A bona fide job-related factor or factors ma include, but not be limited to, education, training, J Y or experience that is: Consistent with business necessity; not based on or derived from a p gender-based differential; and accounts for the entire differential. 3. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Grantee is not in compliance with this provision. 26. POLITICAL ACTIVITIES Political activity of Grantee's employees and officers are limited by the State Campaign -Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hutch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement policies and.11 procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A r porganization G which is a nonprofit shall establish procurement. policies in accordance with 2 CFR Part 200, for all purchases funded by this Grant. The Grantee's procurement system should include at least the following: A. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 18 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS C. Minimum procedural requirements, as follows: 1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. 2. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. 3. Positive efforts shall be made to use small and minority-owned businesses. 4. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Grantee, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. 5. Contracts shall be made only with reasonable subgrantees/subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. 6. Some form of price or cost analysis should be performed in connection with every procurement action. 7. Procurement records and files for purchases shall include all of the following: a) Contractor selection or rejection. b) The basis for the cost or price. c) Justification for lack of competitive bids if offers are not obtained. d) A system for contract administration to ensure Grantee conformance with terms, conditions and specifications of this Grant, and to ensure adequate and timely follow-up of all purchases. D. Grantee and Subgrantee/subcontractor must receive prior approval from COMMERCE for using funds from this Grant to enter into a sole source contract or a contract where only one bid or proposal is received when value of this Grant is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 28. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 29. 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. 19 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 30. RECORDS MAINTENANCE .The Grantee shall maintain books, records, documents, data. and other evidence relating to this Grant andp erformance of the services described herein, including but not limited..to accounting procedures and ractices that sufficiently and properly reflect all direct and indirect costs of any nature expended p in the performance of this Grant. The Grantee sha ll retain such record11 s for a period of six 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. 31. REGISTRATION WITH DEPARTMENT OF REVENUE_ If Y required b law, the Grantee shall complete registration with the Washington State Department of q Revenue. 32. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 33. 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 terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. in lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 34. 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. 35. SITE SECURITY While on CO premises, remises, Grantee, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 36. SUBGRANTiNG/SUBCONTRACTiNG TheGrantee may y onl subcontract work contemplated under this Grant if it obtains the prior written . approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity, or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition 20 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 37. SURVIVAL 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. 38. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 39. TERMINATION FOR CAUSE 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 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. 40. 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. 41. 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 21 42. GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 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 andp reservation 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 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: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. 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; 3. Assign to COMMERCE, RCE 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 subg rants/subcontracts so terminated, in which case COMMERCE ohas the right, at its discretion, p to settle or ay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, 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; 5. 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; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized p Representative; and 7. Take such action as may necessary, , or as the Authorized Representative may direct, for the Y 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. TREATMENT OF ASSETS Title, to all property Y ert furnished b 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 ofcost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, he 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 p ( ) 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. E. 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. 22 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FINDS 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 reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 43. 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. 23 ATTACHMENT A SCOPE OF WORK Children's Advocacy Center Child Centered Services VOCA Initiative 07/01/2019 through 06/30/2020 New Hope shall furnish goods and services necessary to accomplish the activities under the Children's Advocacy Center Child Centered Services VOCA Initiative grant funding during the grant period. This Grant is nota benefit or entitlement to the Grantee. It is not to be used to acquire property or services for the federal government's direct benefit. The principle purpose of this Grant is to provide s funding for Grant, County Of to accomplish a public purpose. Funding from this Grant must be used to support the servicesoutlined and approved in the Children's Advocacy Center Child Centered Services VOCA Initiative funding application. The grantee must ensure that activities funded under this grant program are conducted in a manner consistent with the Children's Advocacy Center Child Centered Services Draft Service Standards (Appendix A). Services shall include: CAC Services • Forensic Interview • Multidisciplinary Team Coordination • Outreach and Awareness DATA REQUIREMENTS ifrovidin direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data p g collection system, relative to the provision of Children's Advocacy Center Child Centered Services ry VOLA Initiative services. Report data will be due in InfoNet no later than October 15, 2019; Janus 15, 2020, April 15, 2020, and with final invoice. Grantees will also submit semi-annual narrative reports on Children's Advocacy Center Child Centered a Services VOCA Initiative activities. DELIVERASLEES 1. Reports — As described in Section 21 of Special Terms and Conditions 2. Audit — if required, audit must be received no later than nine (9) months after the end of the Grantee's fiscal year 3. Vouchers — Must be submitted at least quarterly PERFORMANCE MEASURES Provision of the deliverables listed above will be measured using the following performance measures: 1. 90% of required reports will be submitted on time 2. 100% of required audits will be completed on time ATTACHMENT B, BUDGET Budget Child Cen- tered Ser- vices Total Salaries $63,932.00 $63,932.00 Benefits $23,704.00 $233704.00 Goods and Services $29,304.00 $29,304.00 Match $29,235.00 $293235.00 Total $116,940.00 $116;940.00 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 be accessed at https://ofm.wa.gov/sites/defauIt/fiIes/QubIic/resources/traveI/coIormap.r)df. Any purchase over $5,000 must be pre -approved by COMMERCE. ATTACHMENT C CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete, Section A or Section B or Section C, not all three. Recipient's Name: Grant, County Of Address: PO BOX 37 EPHRATA, WA 98823-0037 Is agency a 0 Direct or 0 Sub recipient of OJP, OVW or COPS funding? Law Enforcement Agency? 0 Yes 0 No DUNS Number: 010202562 Vendor Number (only if direct recipient): N/A Name and Title of Contact Person: Suzi Fode, Director Telephone Number: (509) 764-8402 E -Mail Address: sfode@grantcountywa.gov. Section B—Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient has fifty ormore employees and is receiving a single award or, subawardof $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F. R. 42.305): Tom Taylor, Chair Board of Grant County. Commissioners [responsible official], [recipient]certify that Grant County, dba Kids Hope has formulated an Which has fifty or more employees and is receiving a single award for $25,000 or more, but less than $500,000 EEOP in accordance with 28 CFR pt. 42, subpt E. I further certify that within the last twenty-four. months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate stateplanning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The. EEOP is on file at the following office: Grant County [organization], PO Box 37, Ephrata, WA 98823 [address]. 9/3/2019 Tom Taylor, Chair! BOCC Print or Type Name and Title Sign,ature Date ......... . ... . .. ...... . -6 I ....... ........ 1. ........... 11 ... I ............. ..... ...... . . 11 ................ . ...... i 41 .... ... . .... . . ...... ... .... . ..