HomeMy WebLinkAboutGrant Related - New Hope DV/SA (002)II
K20-134 COMPLETED
By:-��`�-�-1--
. Washington State
' Department of
10
Commerce
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: 07/01/2020
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
FaceSheet...................................................................................................................................................1
SpecialTerms and Conditions.....................................................................................................................2
1. Acknowledgement of Federal Funding.................................................................................................2
2. All subawards ("subgrants") must have specific federal authorization.................................................2
3. Applicability of Part 200 Uniform Requirements...................................................................................2
4. Billing Procedures and Payment...........................................................................................................3
5. Compensation.......................................................................................................................................3
6. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees).................4
7. Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events...................................................................................................4
8. Compliance with DOJ Grants Financial Guide......................................................................................4
9. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 385
10. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 425
11. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 545
12. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018).........5
13. Compliance with OJP Training Guiding Principles................................................................................5
14. Computer Networks..............................................................................................................................5
15. Complying with the Safe Streets Act.....................................................................................................6
16. Demographic Data................................................................................................................................6
17. Discrimination Findings.........................................................................................................................6
18. Effect of failure to address audit issues................................................................................................6
19. Encouragement of policies to ban text messaging while driving..........................................................6
20. Enforcing Civil Rights Laws...................................................................................................................6
21. Ensuring Access to Federally Assisted Programs................................................................................6
22. Ensuring the Compliance of Subrecipients...........................................................................................7
23. Examination of Records........................................................................................................................7
24. FFATA reporting: Subawards and executive compensation.................................................................7
25. Federal Non -Discrimination Requirements...........................................................................................7
26. General appropriations -law restrictions on the use of federal funds.....................................................8
27. Grant Management...............................................................................................................................8
28. Grant Modification.................................................................................................................................8
29. Insurance...............................................................................................................................................
9
30. Meeting the EEOP Requirement...........................................................................................................9
31. Meeting the Requirement to Submit Findings of Discrimination...........................................................9
32. "Methods of Administration" monitoring compliance with civil rights laws and nondiscrimination
provisions............................................................................................................................................10
33. National Environmental Policy Act......................................................................................................10
34. National VOCA Training ......................................................................................................................10
35. OJP Training Guiding Principles.........................................................................................................10
36. Non -supplanting certification...............................................................................................................10
37. Partnerships with Faith -Based and Other Neighborhood Organizations; Ensuring Equal Treatment of
Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion ..........11
38. Potential Imposition of Additional Requirements................................................................................11
39. Providing Services to Limited English Proficiency (LEP) Individuals..................................................11
40. Quarterly Performance Reports..........................................................................................................12
41. Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS...........................................................12
42. Reclassification of various statutory provisions to a new Title 34 of the United States Code ............12
43. Reporting.............................................................................................................................................12
44. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct............................................13
45. Requirements of the award; remedies for non-compliance or for materially false statements ...........
13
46. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award).........................................................................13
47. Required training for Point of Contact and all Financial Points of Contact.........................................14
48.
Requirements related to "de minimis" indirect cost rate.....................................................................14
49.
Requirement for data on performance and effectiveness under the award........................................14
50.
Requirements related to System for Award Management and Universal Identifier Requirements
....15
51.
Requirement to disclose whether recipient is designated "high risk" by a federal grant -making
agencyoutside of DOJ........................................................................................................................15
52.
Requirement to report potentially duplicative funding.........................................................................15
53.
Requirement to report actual or imminent breach of personally identifiable information (PII)............
16
54.
Restrictions on "lobbying.. ...................................................................................................................16
55.
Restrictions and certifications regarding non -disclosure agreements and related matters................16
56.
Specific post -award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000.................................................................................................17
57.
Subcontractor Data Collection............................................................................................................17
58.
Subgrant Award Report (SAR)............................................................................................................17
59.
Using Arrest and Conviction Records in Making Employment Decisions...........................................18
60.
VOCA Funds .......................................................................................................................................18
61.
VOCA Requirements...........................................................................................................................18
62.
Order of Precedence...........................................................................................................................19
GeneralTerms and Conditions..................................................................................................................20
1.
Definitions............................................................................................................................................20
2.
Access to Data....................................................................................................................................20
3.
Advance Payments Prohibited............................................................................................................20
4.
All Writing Contained Herein...............................................................................................................21
5.
Amendments.......................................................................................................................................21
6.
Americans With Disabilities Act (Ada).................................................................................................21
7.
Assignment..........................................................................................................................................21
8.
Attorneys' Fees...................................................................................................................................21
9.
Audit....................................................................................................................................................21
10.
Certification Regarding Debarment, Suspension Or Ineligibility And Voluntary Exclusion.................21
11.
Confidentiality/Safeguarding Of Information.......................................................................................22
12.
Conflict Of Interest..............................................................................................................................23
13.
Copyright Provisions...........................................................................................................................23
14.
Disputes..............................................................................................................................................24
15.
Duplicate Payment..............................................................................................................................24
16.
Governing Law And Venue.................................................................................................................24
17.
Indemnification....................................................................................................................................24
18.
Independent Capacity Of The Grantee...............................................................................................25
19.
Indirect Costs......................................................................................................................................25
20.
Industrial Insurance Coverage............................................................................................................25
21.
Laws....................................................................................................................................................
25
22.
Licensing, Accreditation And Registration..........................................................................................25
23.
Limitation Of Authority.........................................................................................................................25
24.
Noncompliance With Nondiscrimination Laws....................................................................................26
25.
Pay Equity...........................................................................................................................................26
26.
Political Activities.................................................................................................................................26
27.
Procurement Standards For Federally Funded Programs..................................................................26
28.
Publicity...............................................................................................................................................27
27
29.
Recapture............................................................................................................................................
30.
Records Maintenance.........................................................................................................................27
31.
Registration With Department Of Revenue.........................................................................................28
32.
Right Of Inspection..............................................................................................................................28
33.
Savings................................................................................................................................................28
34.
Severability ..........................................................................................................................................
28
35.
Site Security ........................................................................................................................................28
28
36.
Subgranting/Subcontracting................................................................................................................29
37.
Survival................................................................................................................................................
38. Taxes...................................................................................................................................................29
39. Termination For Cause.......................................................................................................................29
40. Termination For Convenience.............................................................................................................29
41. Termination Procedures......................................................................................................................29
42. Treatment Of Assets...........................................................................................................................30
43. Waiver.................................................................................................................................................31
Attachment A - Scope of Work
Attachment B - Budget
Attachment C - Equal Employment Opportunity Plan Certification
Attachment D - Victims of Crime Act (VOCA) Program Rule
FACE SHEET
Grant Number: F19-31219-401
Washington State Department of Commerce
Community Services and Housing Division
Office of Crime Victims Advocacy
Children's Advocacy Center Child Centered Services VOCA Initiative
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
Suzi Fode
Sherina James PO Box 42525
Director
Program Coordinator 98504-8304
sfode@grantcountywa.gov
Phone: (360) 725-2904
(509) 764-8402
Fax: (360) 586-7176 1011 Plum Street SE
sherina.james@commerce.wa.gov Olympia WA 98501
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$127,174.00
Federal: 0 State: ❑ Other: ❑ NIA: ❑
07/01/2020
06/30/2022
9. Federal Funds
Federal Agency:
CFDA Number:
Indirect Rate (if applicable):
(as applicable)
Department of Justice, Office
16.575
$127,174.00
for Victims of Crime
10. SWV #
11. UBI #
12. DUNS #
SWV0002426-17
132001884
010202562
13. Grant Purpose
To support Children's Advocacy Center Child Centered Services VOCA Initiative grant activities.
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; Attachment C —Equal
Employment Opportunity Plan Certification; Attachment D - Victims of Crime Act (VOCA) Program Rule; and Grantee's Application for
funding.
FONTE tf
r
FOR COMMERCE
Diane Klontz, Assistant Director
Signature
Cindy Carter,
Date
Name
BOCC Chair
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
Title
APPROVAL ON FILE
Date
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Date: 8/9/2018
Federal Award Period: 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: $127,174.00
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.
This subaward may not be used for research and development purposes.
2. ALL SUBAWARDS ("SUBGRANTS"1 MUST HAVE SPECIFIC FEDERAL AUTHORIZATION
As applicable. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements for authorization of any subaward. This condition applies to agreements that -
- for purposes of federal grants administrative requirements — OJP considers a "subaward" (and
therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://oip.gov/funding/Exi)lore/SubawardAuthodzation.htm (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference here.
3. 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
from the initial award or a supplemental award) that are obligated on or after the acceptance date of
this FY 2018 award.
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
htti)s://oip.ciov/funding/Part2OOUniformReguirements.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 (SF425), unless a different retention period applies -- and to which the
2
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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.
4. BILLING PROCEDURES AND PAYMENT
The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-19) form provided
electronically by OCVA program staff.
Invoices shall be submitted at least quarterly, but not more often than monthly, on the Invoice Voucher
(A-19) Forms via COMMERCE's online invoicing system.
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 tens 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
or that of its Subcontractors.
5. COMPENSATION
COMMERCE shall pay an amount not to exceed ($127,174.00) 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 on the following rates or in accordance
with Attachment B — Budget.
The Grantee shall provide a non-federal match for the Victims of Crime Act portion of this Grant. The
total match to be provided shall be at least $31,794.00. Al funds designated as match are restricted to
the same uses as VOCA federal funds. Match funds may be expended in a greater proportion to grant
funds, however, all match funds must be expended prior to the close of this Grant. Expenditures of
match funds must be identified on the invoice voucher form.
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.
Payment will be on a reimbursement basis only.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
Consultant fees may not exceed $650 per day or $81.25 per hour for the Victims of Crime Act portion
of this Grant (excluding travel and subsistence costs).
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 travel rates may be accessed at
httos://ofm .wa. c ov/sites/d efau lt/fi les/Du bl is/resources/travel/co lorm aD. Ddf.
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
httos://ogp.aov/financialcuide/doi/Ddfs/DOJ FinancialGuide.Ddf.
Funds payable under this Grant include federal Victims of Crime Act (VOCA) victim assistance grant
funds (CFDA Number 16.575).
In performance 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
httos://www.federal rec ister. gov/docum a nts/2016/07/08/2016-16085/victi m s-of-cri m e -act -victim -
assistance -program.
6. COMPLIANCE WITH 41 U.S.C. 4712 (INCLUDING PROHIBITIONS ON REPRISAL: NOTICE TO
EMPLOYEES)
The recipient (and any subrecipient at any tier) 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.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the
Grantee shall contact COMMERCE; COMMERCE is to contact the DOJ awarding agency (OJP or
OVW, as appropriate) for guidance.
7. COMPLIANCE WITH APPLICABLE RULES REGARDING APPROVAL, PLANNING, AND
REPORTING OF CONFERENCES, MEETINGS, TRAININGS, AND OTHER EVENTS
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and
reporting 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 3.10 of "Postaward Requirements" in
the "DOJ Grants Financial Guide").
8. 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
httos://oap.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.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
9. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND
NONDISCRIMINATION - 28 C.F.R. PART 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written
notice to program beneficiaries and prospective program beneficiaries.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on
the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or
participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee')
organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith -based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood
Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.goy/cgibin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration,
Chapter 1, Part 38, under a -CFR "current" data.
10. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND
NONDISCRIMINATION - 28 C.F.R. PART 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of
28 C.F.R. Part 42 that relate to an equal employment opportunity program.
11. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND
NONDISCRIMINATION - 28 C.F.R. PART 54
The recipient, and any subrecipient ("subgrantee') at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain
"education programs."
12. COMPLIANCE WITH GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF
FEDERAL FUNDS [FY 2018)
The recipient, and any subrecipient ("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
https //omp.gov/funding/Explore/FY1 8APpropriationsRestrictionshtm, 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 OJP
for guidance, and may not proceed without the express prior written approval of OJP.
13. COMPLIANCE WITH 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
Subgrantees, available at https•//oio oov/fundinci/oii)trainingguidingorinciples htm.
14. COMPUTER NETWORKS
Grantee understands and agrees that it cannot use any federal funds to maintain or establish
computer network unless such network blocks the viewing, downloading, and exchanging
pornography.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
15. COMPLYING WITH THE SAFE STREETS ACT
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of
the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to
the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings
of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
16. DEMOGRAPHIC DATA
The recipient assures that its subrecipients will collect and maintain information on race, sex, national
origin, age, and disability of victims receiving assistance, where such information is voluntarily furnished
by the victim.
Grantees submit this information to COMMERCE via InfoNet. This is specific to direct victim services.
17. DISCRIMINATION FINDINGS
The recipient assures that in the event that a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the ground of race, religion,
national origin, sex, or disability against a recipient of victim assistance formula funds under this award,
the recipient will forward a copy of the findings to the Office for Civil Rights of OJP.
18. EFFECT OF FAILURE TO ADDRESS AUDIT ISSUES
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate)
and COMMERCE may withhold award funds, or may impose other related requirements, if (as
determined by the DOJ awarding agency) the recipient 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.
19. ENCOURAGEMENT OF POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees")
to adopt and enforce policies banning employees from text messaging while driving any vehicle during
the course of performing work funded by this award, and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
20. ENFORCING CIVIL RIGHTS LAWS
All recipients of federal financial assistance, regardless of the particular funding source, the amount of
the grant award, or the number of employees in the workforce, are subject to prohibitions against
unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of
discrimination complaints from both individuals and groups. In addition, based on regulatory criteria,
the OCR selects a number of recipients each year for compliance reviews, audits that require recipients
to submit data showing that they are providing services equitably to all segments of their service
population and that their employment practices meet equal opportunity standards.
21. ENSURING ACCESS TO FEDERALLY ASSISTED PROGRAMS
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the
basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only
in employment but also in the delivery of services or benefits. A federal law also prohibits recipients
from discriminating on the basis of age in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013.
The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
grant condition that prohibits discrimination based on actual or perceived race, color, national origin,
religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have
developed answers to some frequently asked questions about this provision to assist recipients of
VAWA funds to understand their obligations. The Frequently Asked Questions are available at
https://o'D.gov/abouttocr/vawafags.htm.
22. ENSURING THE COMPLIANCE OF SUBRECIPIENTS
As applicable, the State Administering Agency (COMMERCE) must have standard assurances to notify
subrecipients (Grantees) of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to monitor subrecipients' (Grantees) compliance with
civil rights requirements, and a program to Vain subrecipients (Grantees) on applicable civil rights laws.
In addition, COMMERCE must submit to the OCR every three years written Methods of Administration
(MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights
compliance of subrecipients (Grantees). For more information on the MOA requirement, see
httos://oip.gov/funding/Explore/StateMethodsAdmin-FY2017update. htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a
recipient of federal financial assistance, please contact us.
23. 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.
24. FFATA REPORTING: SUBAWARDS AND EXECUTIVE COMPENSATION
As applicable. The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total
compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive
from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the
OJP web site at httos://o'p.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards
and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000,
or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
COMMERCE submits FFATA information on behalf of all Grantees.
25. FEDERAL NON-DISCRIMINATION REQUIREMENTS
Grantee 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);
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
• the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);
• the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86);
the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);
28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment
Opportunity, Policies and Procedures);
• 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).
Grantee also ensures compliance with Federal law prohibiting 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://wvrw.oil).usdo'.cov/ocr/.
26. 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
htti)s //oip govtfunding/Explore/FY18ADDrophationsRestrictions.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.
27. 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.
28. 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.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
29. 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 bgrants/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.
30. MEETING THE EEOP REQUIREMENT
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well
as the recipient's employment practices, to identify possible barriers to the participation of women and
minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may be required to
submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information
on whether your organization is subject to the EEOP requirements, see
hftps://oip.qov/abouttocr/eeop.htm.
Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone
at (202) 616-1771 or by e-mail at EEOPformsna usdoi.gov. See Attachment C: EEOP Certification form.
31. MEETING THE REQUIREMENT TO SUBMIT FINDINGS OF DISCRIMINATION
If in the three years prior to the date of the grant award, your organization has received an adverse
finding of discrimination based on race, color, national origin, religion, or sex, after a due -process
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
hearing, from a state or federal court or from a state or federal administrative agency, your organization
must send a copy of the finding to the OCR.
Grantees must also inform COMMERCE of this finding.
32. "METHODS OF ADMINISTRATION" MONITORING COMPLIANCE WITH CIVIL RIGHTS LAWS
AND NONDISCRIMINATION PROVISIONS
As applicable. The recipient's monitoring responsibilities include monitoring of subrecipient compliance
with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of
award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
CivilRiohtsMOA(ausdoi.00v) written Methods of Administration ("MOA") for subrecipient monitoring
with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized
federal agency), the recipient must make associated documentation available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the OJP
web site at htti)s://oio aov/funding/Explore/StateMethodsAdmin-FY2017update htm (Award condition:
"Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are
incorporated by reference here.
COMMERCE is responsible for submitting MOA and for monitoring compliance of Grantees.
33. NATIONAL ENVIRONMENTAL POLICY ACT
As applicable. The recipient understands that all OJP awards are subject to the National Environmental
Policy Act (NEPA, 42 U.S.C. section 4321 at seq.) and other related Federal laws (including the
National Historic Preservation Act), if applicable.
The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if
the recipient plans to use VOCA funds (directly or through subaward or contract) to undertake any
activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61,
App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and
regulations applicable to the development and implementation of the activities to be funded under this
award.
34. NATIONAL VOCA TRAINING
As applicable. The recipient agrees to ensure that at least one key grantee official attends the annual
VOCA National Training Conference. Any recipient unable to attend must get prior approval by OVC in
writing.
COMMERCE attends this training to meet this federal requirement: Grantees should not plan to attend
the training event, attendance is not eligible.
35. OJP TRAINING GUIDING PRINCIPLES
Any training or training materials that the recipient — or any subrecipient ("subgrantee") at any tier --
develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees, available at
https•//oipgov/funding/Implement/TrainingPrincil)lesForGrantees-Subgrantees.htm.
36. NON -SUPPLANTING CERTIFICATION
No VOCA 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.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
37. PARTNERSHIPS WITH FAITH -BASED AND OTHER NEIGHBORHOOD ORGANIZATIONS:
ENSURING EQUAL TREATMENT OF FAITH -BASED ORGANIZATIONS AND SAFEGUARDING
CONSTITUTIONAL PROTECTIONS RELATED TO RELIGION
The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R.
pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement
agencies, governmental agencies, educational institutions, houses of worship, or faith -based
organizations, from using financial assistance from the DOJ to fund explicitly religious activities.
Explicitly religious activities include worship, religious instruction, or proselytization. While funded
organizations may engage in non -funded explicitly religious activities (e.g., prayer), they must hold them
separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to
participate in them. The regulation also makes clear that organizations participating in programs funded
by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's
religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a
religious practice. Funded faith -based organizations must also provide written notice to beneficiaries,
advising them that if they should object to the religious character of the funded faith based organization,
the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative
service provider. For more information on the regulation, please see the OCR's website at
https://o'i).Qov/about/ocr/i)artnerships.htm.
State Administering Agencies (SAAB) and faith -based organizations should also note that the Omnibus
Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the
Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. §
12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment.
Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious
Freedom Restoration Act (RFRA) on a case-by-case basis to permit some faith -based organizations to
receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes
the funding program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the application of RFRA
to the statutes that prohibit discrimination in employment.
38. POTENTIAL IMPOSITION OF ADDITIONAL REQUIREMENTS
As applicable. The recipient agrees to comply with any additional requirements that may be imposed
by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this
award, if the recipient is designated as "high risk" for purposes of the DOJ high-risk grantee list.
DOJ monitors and evaluates risk for COMMERCE, and COMMERCE monitors and evaluates risk for
Grantees. Grantee agrees to comply with any additional requirements that may be imposed if
COMMERCE has designated the Grantee as "high risk" via risk assessment and monitoring
procedures.
39. PROVIDING SERVICES TO LIMITED ENGLISH PROFICIENCY (LEP) INDIVIDUALS
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §
2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful
access to their programs and activities for persons with limited English proficiency (LEP). See U.S.
Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed.
Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in
providing language services to LEP individuals, please see the website https://www.lei).Qov.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
40. QUARTERLY PERFORMANCE REPORTS
As applicable. The recipient agrees to submit (and, as necessary, require sub -recipients to submit)
quarterly performance reports on the performance metrics identified by OVC, and in the manner
required by OVC. This information on the activities supported by the award funding will assist in
assessing the effects that VOCA Victim Assistance funds have had on services to crime victims within
the jurisdiction.
Grantees submit this information to COMMERCE via InfoNet, COMMERCE reports to OVC.
41. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS: REQUIREMENT TO REPORT
INFORMATION ON CERTAIN CIVIL CRIMINAL, AND ADMINISTRATIVE PROCEEDINGS TO SAM
AND FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information
on civil, criminal, and administrative proceedings connected with (or connected to the performance of)
either this OJP award or any other grant, cooperative agreement, or procurement contract from the
federal government. Under certain circumstances, recipients of OJP awards are required to report
information about such proceedings, through the federal System for Award Management (known as
"SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on
certain civil, criminal, and administrative proceedings to the federal designated integrity and
performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at
httos://oii).gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters,
including Recipient Reporting to FAPIIS), and are incorporated by reference here.
42. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE
UNITED STATES CODE
As applicable. On September 1, 2017, various statutory provisions previously codified elsewhere in the
U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement."
The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is,
OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of
the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that
has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory
provision as reclassified to Title 34. This rule of construction specifically includes references set out in
award conditions, references set out in material incorporated by reference through award conditions,
and references set out in other award requirements.
43. REPORTING
Grantees will submit quarterly reports on Children's Advocacy Center Child Centered Services VOCA
Initiative activities. 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
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
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.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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;
• 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.
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.
44. REPORTING POTENTIAL FRAUD, WASTE, AND ABUSE, AND SIMILAR MISCONDUCT
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient,
contractor, subcontractor, or other person has, in connection with funds under this award — (1)
submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2)
the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202)
616-9881 (fax).
Additional information is available from the DOJ OIG website at httos://oia.4ustice.gov/hotline.
45. REQUIREMENTS OF THE AWARD• REMEDIES FOR NON-COMPLIANCE OR FOR MATERIALLY
FALSE STATEMENTS
The conditions of this award are material requirements of the award. Compliance with any certifications
or assurances submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements — whether a condition set out in
full below, a condition incorporated by reference below, or a certification or assurance related to conduct
during the award period may result in the Office of Justice Programs ("OJP") taking appropriate action
with respect to the recipient and the award. Among other things, the OJP may withhold award funds,
disallow costs, or suspend or terminate the award.
The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award
(or concealment or omission of a material fact) may be the subject of criminal prosecution (including
under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition
of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C.
3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,
that provision shall first be applied with a limited construction so as to give it the maximum effect
permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such
provision shall be deemed severable from this award.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
46. REQUIREMENTS PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN
PERSONS (INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE
AWARD
The recipient, and any subrecipient ("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 recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons
are posted on the OJP web site at htti)s:goip Qov/funding/Explore/ProhibitedConduct-Trafficking htm
(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)), and are incorporated by
reference here.
47. REQUIRED TRAINING FOR POINT OF CONTACT AND ALL FINANCIAL POINTS OF CONTACT
As applicable. The State Administering Agency (COMMERCE) fulfills the requirements in this section.
Grantees should not anticipate completing the OJP financial management and grant administration
training.
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have
successfully completed an "OJP financial management and grant administration training" by 120 days
after the date of the recipient's acceptance of the award. Successful completion of such a training on
or after January 1, 2016, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,
the new POC or FPOC must have successfully completed an "OJP financial management and grant
administration training" by 120 calendar days after-- (1) the date of OJP's approval of the "Change
Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the
new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after
January 1, 2016, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration
training" for purposes of this condition is available at https://www.oip.gov/training/fmts.htm. All trainings
that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient
fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose
additional appropriate conditions on this award.
46. REQUIREMENTS RELATED TO "DE MINIMIS" INDIRECT COST RATE
As applicable. A recipient that is eligible under the Part 200 Uniform Requirements and other applicable
law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use
the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and
must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis"
rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform
Requirements.
Recipient requirement to notify OJP is for COMMERCE. Grantees must work with their COMMERCE
grant manager regarding requirements related to "de minimis" indirect cost rate.
48. REQUIREMENT FOR DATA ON PERFORMANCE AND EFFECTIVENESS UNDER THE AWARD
The recipient must collect and maintain data that measure the performance and effectiveness of work
under this award.
14
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in
the program solicitation or other applicable written guidance. Data collection supports compliance with
the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and
other applicable laws.
Grantees report data to their COMMERCE grant manager at sherina.james@commerce.wa.gov. See
"Reporting" Special Term and Condition. COMMERCE will report this data to OJP.
50. REQUIREMENTS RELATED TO SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL
IDENTIFIER REQUIREMENTS
The recipient must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at httos://www.sam.govl. This includes applicable requirements regarding
registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier
subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not
acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on
the OJP web site at httos://Oip.cov/funding/Explore/SAM.htm (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
51. REQUIREMENT TO DISCLOSE WHETHER RECIPIENT IS DESIGNATED "HIGH RISK" BY A
FEDERAL GRANT -MAKING AGENCY OUTSIDE OF DOJ
As applicable. If the recipient is designated "high risk" by a federal grant -making agency outside of
DOJ, currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP ComplianceReportingeoip.usdoi.gov. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure
must include the following: 1. The federal awarding agency that currently designates the recipient high
risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal
awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk
status, as set out by the federal awarding agency.
52. REQUIREMENT TO REPORT POTENTIALLY DUPLICATIVE FUNDING
As applicable. If the recipient currently has other active awards of federal funds, or if the recipient
receives any other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are being,
or are to be used (in whole or in part) for one or more of the identical cost items for which funds are
provided under this award. If so, the recipient must promptly contact their COMMERCE grant manager
at shedna.james@commerce.wa.gov.
COMMERCE must notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the
potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -
modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate
duplication of funding.
H.7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
53. REQUIREMENT TO REPORT ACTUAL OR IMMINENT BREACH OF PERSONALLY IDENTIFIABLE
INFORMATION (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in
the event of an actual or imminent "breach" (OMB M-17-12) if it (ora subrecipient)-1) creates, collects,
uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable
information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2)
uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach
procedures must include a requirement to report actual or imminent breach of Pit to an OJP Program
Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent
breach.
54. RESTRICTIONS ON "LOBBYING"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient,
or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the
enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government.
See 18 U.S.C. 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 recipient,
or any subrecipient 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 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
guidance, and may not proceed without the express prior written approval of COMMERCE.
55. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND
RELATED MATTERS
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement
contract or subcontract with any funds under this award, 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 foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified information),
Form 4414 (which relates to sensitive compartmented information), or any other form issued by a
federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient --
a. 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
b. 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
16
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or Both—
a. it represents that—
i. it has determined that no other entity that the recipients application proposes may
or will receive award funds (whether through a subaward ("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
ii. it has made appropriate inquiry, or otherwise has an adequate factual basis, to
support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor
entity that receives funds under this award 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 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 obligations only if expressly authorized to do so by that agency.
56. SPECIFIC POST -AWARD APPROVAL REQUIRED TO USE A NONCOMPETITIVE APPROACH IN
ANY PROCUREMENT CONTRACT THAT WOULD EXCEED $250,000
As applicable. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000).
This condition applies to agreements that -- for purposes of federal grants administrative requirements
— OJP considers a procurement "contract' (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement
contract under an OJP award are posted on the OJP web site at
htti)s://o'p.qov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -
award approval required to use a noncompetitive approach in a procurement contract (if contract would
exceed $250,000)), and are incorporated by reference here.
57. 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
minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall
mean subcontractors of any tier.
56. SUBGRANT AWARD REPORT (SAR)
The recipient must submit a Subgrant Award Report (SAR) to OVC for each subrecipient of the VOCA
victim assistance funds, within ninety (90) days of awarding funds to the subrecipient. Recipients must
submit this information through the automated system.
Grantees submit this information to COMMERCE, who then submits this information to OVC.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
59. USING ARREST AND CONVICTION RECORDS IN MAKING EMPLOYMENT DECISIONS
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records
in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.
Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement
Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of
the Civil Rights Act of 1964 (June 2013), available at
hftos://oio.aov/about/ocr/odfs/UseofConviction Advisorv.odf.
While organizations may take into account a person's recent criminal history in filling positions that
have contact with vulnerable populations, which may include children, people with severe mental or
physical disabilities, or survivors of sexual assault and other violent crimes, recipients should be mindful
that the misuse of arrest or conviction records to screen either applicants for employment or employees
for retention or promotion may have a disparate impact based on race or national origin, resulting in
unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in
reviewing their employment practices. If warranted, recipients should also incorporate an analysis of
the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see
below).
60. VOCA FUNDS
As applicable. The Victims of Crime Act (VOCA) of 1984 states that VOCA funds are available during
the federal fiscal year of the award, plus the following three fiscal years. At the end of this period, VOCA
funds will be deobligated. OVC has no discretion to permit extensions beyond the statutory period.
(E.g., VOCA funds awarded in FY 2017, are available until the end of FY 2020).
COMMERCE manages this funding period requirement, Grantees must adhere to the grant period on
the Grant Face Sheet.
61. VOCA REQUIREMENTS
As applicable. The recipient assures that the State and its subrecipients will comply with the conditions
of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C.
20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required.
Specifically, the State certifies that funds under this award will:
a) be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2);
b) not be used to supplant State and local public funds that would otherwise be available for crime
victim assistance, 34 U.S.C. 20103(a)(2); and
c) be allocated in accordance with program guidelines or regulations implementing 34 U.S.C.
20103(a)(2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following
categories: sexual assault, child abuse, domestic violence, and underserved victims of violent
crimes as identified by the State.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
62. 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 (VOCA) Program Rule
• Children's Advocacy Center Child Centered Services VOCA Initiative Application for Funding as
submitted and approved by COMMERCE
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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. "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.
I. "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
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
4. ALL WRITING 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)
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.
9. AUDIT
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 200.501,
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 aecommerce.wa.gov.
10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION
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 ofjustice;
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of federal Executive Order 12549; and
4. Have not within 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 include the 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
1. 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.
2. 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 transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
11. 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. "Personal information" includes but is not limited to information related to a
person's name, health, finances, education, business, use of government services, addresses,
telephone numbers, social security number, driver's license number and other identifying
numbers, and "Protected Health Information" under the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
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
22
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.
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
23
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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.
14. DISPUTES
Except as otherwise provided 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, and Grant 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 parties agree 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
COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
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
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state
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. "Claim" as used in this Grant, means any financial loss, claim, suit, action, damage, or expense,
24
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.
20. 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.
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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 noncompliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled orterminated 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:
1. A seniority system; a merit system; a system that measures earnings by quantity or quality of
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 may include, but not be limited to, education, training,
or experience that is: Consistent with business necessity; not based on or derived from a
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 Hatch 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 procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant.
A Grantee which is a nonprofit organization 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.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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.
30. 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
27
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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 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 required by law, the Grantee shall complete registration with the Washington State Department of
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 COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in
all respects with physical, fire or other security policies or regulations.
36. SUBGRANTING/SUBCONTRACTING
The Grantee may only 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
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.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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
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
29
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
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, 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/subcontracts 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/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
Representative; and
7. 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.
42. 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.
30
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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
S ubg ra ntees/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.
ATTACHMENT A
SCOPE OF WORK
Children's Advocacy Center Child Centered Services VOCA Initiative
07/01/2020 through 06/30/2022
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 not a 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
funding for New Hope to accomplish a public purpose.
Funding from this Grant must be used to support the services outlined 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 Service Standards. Services shall include:
CAC SERVICES
• Forensic Interview
• Multidisciplinary Team Coordination
• Outreach and Awareness
DATA REQUIREMENTS
Grantees will submit quarterly reports on Children's Advocacy Center Child Centered Services VOCA
Initiative activities to their grant manager. Report data will be due in InfoNet no later than the fifteenth
day following the end of each quarter.
Grantees will also submit semi-annual narrative reports on Children's Advocacy Center Child Centered
Services VOCA Initiative activities.
DELIVERABLES
1. Reports — As described in 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
Year One Budget
Total
Salaries
$66,494.00
Benefits
$26,054.00
Goods and Services
$34,626.00
Match
$31,794.00
Total
$127,174.00
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/default/files/public/resources/travel/colormap.pdf.
Any purchase over $5,000 must be pre -approved by COMMERCE.
The Children's Advocacy Center Child Centered Services Grant is for a two-year period. This initial grant
reflects one year of funding. The grant will be amended to add the second year of funding in the spring of
2021. New Hope may contact their grant manager if they wish to discuss available funding, in the event
they need a higher proportion of funds in the first year of the grant.
ATTACHMENT C
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (I. °OP) Requirements
Please read carefully the Instructions (see below) and then comp )te 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 ❑ Direct or 0 Sub recipient of OJP, OVW or COPS fur ling? Law Enforcement Agency? ❑ Yes 0 No
DUNS Number: 010202562 1 Vendor Number (, ily if direct recipient): N/A
Name and Title of Contact Person: Suzi Fode,Director
Telephone Number: (509) 764-8402 1 E -Mail Address: sfode@grantcountywa.gov
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply:
❑ Less than fifty employees. Indian tribe. Medical Institution.
❑ Nonprofit Organization. Educational Institution. Receiving an award less than $25,000
1, [responsible official], certify that
[recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuit to 28 C.F.R. § 42.302.
1 further certify that [recipient] will comply
with all applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services.
Print or Type Name and Title Signature Date
Section B—Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP Is on File for
Review
If a recipient has fifty or more employees and is receiving a single award or, subaward of $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):
Cindy Carter, [responsible official],
certify that [recipient]
Which has fifty or more employees and is receiving a singI6 award for $25,000 or more, but less than $500,000, has formulated an
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 state planning 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:
67 V ,y
[organization], 41✓ PO
w
[address]. `
Cindy Carter, BOCC Chair
Print or Type Name and Title S1,04ture Da
Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of $500,000 or more, then the recipient
agency must send an EEOP Short Form to the OCR for review.
[responsible official],
certify that [recipient],
which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an EEOP in
accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the
Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
Print or Type Name and Title Signature Date