HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SADepartmentof Com:
*le
K19-133
Grant Agreement with
New Hope
through
Office of Crime Victims Advocacy
Community Services and Housing Division
VOLA Unmet Victim Service Needs #3
Start date: 07/01/2019
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TABLE OF CONTENTS
FaooGheet -----------
--------------------------------------.
SpecialTerms and Conditions ........................................................................ .............................................
1. Acknowledgement ofFederal Funding ..............................................................................
___..... 2
2. Applicability ofPart 2OOUniform Requirements .............................................................................. 2
3. Billing Procedures and Payment ...................................................................... ................................ 3
4. Breach ofPersonally Identifiable Information
UPU)------___~___..________.3
5. Compensation ....................................................................
.............................................................. 3
8. Compliance with DOJ Grants Financial Guide ...
............................................................................. 4
7. Computer Networks ......................................................................................................................... 4
B. Conferences, Meetings, and Troningo....................................................................... ..................... 4
Q. Equal Employment Opportunity Program (EEC}P)........................................................................... 4
10. Equal Opportunity Treatment For Faith Based Organizations ............................ ............................ 5
11. Examination ofRecords ........................ ------___________________..
12. Failure toAddress Audit
�ouea------.----________..________.__..
13. Federal Non -Discrimination Requirements ...................................................................................... S
14. Fraud, Waste, Abuse, Or Misconduct ...........
................................................................................... G
15. General Appropriations -Law Restrictions onthe Use ofFederal funds ........................................... 8
16. Grant Management .......................................................................................................................... G
17. Grant Modification
-----------------------------------------.G
18. Insurance
7
19. Noncompetitive Procurement Contracts Over $25O.00O................................................................. 7
20. Non -Supplanting Certification .......................................................................................................... 7
21. OJPTraining Guiding Principles ....................................................................................................... 8
22. Prohibitions on Reprisal; Notice to Employeea-----_-_-_--__ ________._ 8
23. Reducing Text Messaging While Driving ......................................................................................... 8
24. Reporting ----------------------------------------------8
25. Requirement Pertaining to Prohibited Conduct Related to Trafficking in Persons
(Including Reporting Requirements and OJPAuthority toTerminate Award) ................................. g
28. Restrictions and Certifications Regarding Non -Disclosure Agreements and
Related Matters -----------------------------------_______..
27. Restrictions onLobbying -------------------------------------1O
28. Services ToLimited English Proficient (LEP)Persons ---------------------..1O
29. Subcontractor Data Collection ....................................................................................................... 1O
30. Order of Precedence
GeneralTerms and Conditions ...................... ............................................................................................ 12
1'
Definitions ' --------------------------------------------..12
2
'
Aooes�to���� ------------------------------------------.12
3.
Advance Payments Prohibited .......................................................................................................
12
4`
All Writings Contained Herein ........................................................................................................
13
5.
Amendments ________________________________________---.13
0.
Americans With Disabilities Act A\DA\............................................................................................
13
7.
Assignment ...................................................................... ..............................................................
13
8.
Attorney's Fees ..............................................................................................................................
13
g.
Audit ..... ....................................................................................................................................
13
10.
Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion .............
13
11.
Confidential ity/BafeguordingofInformation ...................................................................................
14
12.
Conflict `..........................................................................................................................
15
13.
Copyright Provision ............................. .............................................................. --.... -... -16
14.
Disputes ................................................................................................................ -... ........ --..10
15.
Duplicate Payment ----------------------------------------.
16
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
GoverningLaw and Venue............................................................................................................16
Indemnification...............................................................................................................................
16
Independent Capacity of the Grantee............................................................................................
17
IndirectCosts.................................................................................................................................
17
Industrial Insurance Coverage.......................................................................................................
7
Laws..........................................................................................................................................
7
Licensing, Accreditation and Registration......................................................................................
17
Limitationof Authority.....................................................................................................................17
Noncompliance With Nondiscrimination Laws...............................................................................18
PayEquity......................................................................................................................................18
Political Activities............................................................................................................................
1
Procurement Standards for Federally Funded Programs..............................................................18
Publicity..........................................................................................................................................
19
Recapture......................................................................................................................................
.
19
Records Maintenance....................................................................................................................
9
Registration With Department of Revenue....................................................................................
20
Right of Inspection.........................................................................................................................
2
Savings..........................................................................................................................................
2
Severability.....................................................................................................................................
2
SiteSecurity...................................................................................................................................20
Subgranting/Subcontracting...........................................................................................................
20
Survival.........................................................................................................................................
.
2
Taxes..........................................................................................................................................
2
Termination for Cause....................................................................................................................
2
Terminationfor Convenience.........................................................................................................21
TerminationProcedures.................................................................................................................21
Treatmentof Assets.....................................................................................................................
22
Waiver..........................................................................................................................................23
Attachment A - Scope of Work
Attachment B - Budget
Attachment C e Equal Employment Opportunity Plan Certification
Attachment D e Victims of Crime Act (VOLA) Program Rule
FACE SHEET
Grant Number., F1 8-31219-506
Washington State Department of0
Mmerce.
COM-munity SerVice'Is and Ho sing Divis!
fon
Office -of Crimp Victims. Advo:cacy
VOCE: Unmet Victim service Needs #3
1, -Grantee 2. Grantee Doing Business As. (opti'mial)
Gra-rpt, -County Of New Hope.
PO BOX 37
EPHRATA., WA'98823--0037
.3. Grantee Representative, 4. GOMM ERCE"-Representative
Suz! Fode Sherina James PO Boy 42525
Director Program Coordinator 98504-8304
sfode@grantcounitywa.gov
Phone: (360) 725-2904
(509) 764-81,10-2 Fax: (360) 5816.-7176 1011 Plum Street SE
shertn'aJames @comme- ce.wa,gov OlYmpla, WA 98501
5, Grant Amount 6. Fundling Source
7. Start Date 8. End' Defe
$392,014.00 Federal: 0 State: D Other: 0 N/A: 0 0710112019 06/3012021
9.. Federal Funds (as applica- Federal Agency: GFDA NUmber., Inchre Rat 'I. icable);
ct -e- (If appl,
ble) Department Of Justice, Offide 16.575
$392,014.00 for Victims of Crime
12'. DUNS.#
SWVOO.02426-17.
13-2001- 884
OIG202562
13. GrantPurpose
To fund'victim services that address a current unmet need
COM.MERCE, define' d as the Depaartm'enf 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 startit as of the date and, year referenced above, The
rights and obligations of both Parties to this G'rant are governed by this Grant and the follow ng other, documents incorporrated by-
reference-, Grant Terms and Canditions including Attachment A — Scope- of Work; Attachment B- — BLld'get) Attachment C —Equal
Employment Opportunity PI -an Certification;.Attachment D-- Victims of Crime Act (VOLA) Program Rule, and Grantee.' Application for
funding, s Appi
FOR GRANTEE
FOR COMMERCE
...............
Sighature Diane Klontz, A sl tart. Dfreotor
Tom- Taylor
lip
Nam.eDate*
ICC Chair
e APPROVED, AS TO FORM ONLY
Titl
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
8/27/2019
Date
1
SPECIAL TERMS AND CONDITIONS
GENERAL. GRANT
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Date: 10/1/2017 -- 9/30/2021
Federal Award Identification Number (FAIN):
2018-V2-GX-0046
Total Amount of the Federal Award:
$74,702,737
Awarding Official: Department of Justice,
Office of Justice Programs, Office for Victims of Crime
Amount obligated by this action: $392,014.00
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 Advo-
cacy, Washington State Department of COMMERCE."
In the event a correction is required to the Acknowledgement of Federal Funding, an administrative
rr
change will be processed. A change to the Acknowledgement of Federal Funding will not affect your
budget or scope of work and notice will be provided.
2. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part
200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018
award supplements funds previously awarded by OJP under the same award number (e.g., funds
awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to
all funds under that award number (regardless of the award date, and regardless of whether derived
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 httQs.-//oip.gov/funding/Part-?OOUniform-
Requirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of
the final expenditure report (SF 426), unless a different retention period applies -- and to which the
recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance
measurement information, in addition to the financial records, supporting documents, statistical records,
and other pertinent records indicated at 2 C.F.R. 200.333.
in the event that an award -related question arises from documents or other materials prepared or dis-
tributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part
200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
2
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
3. BILLING PROCEDURES AND PAYMENT
The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-19) form provided
by OCVA program staff.
Invoices shall be submitted at least quarterly, but not more often than monthly, on the Invoice Voucher
(A-19) Forms. The Invoice Voucher shall be submitted to Sherina James, Program Coordinator, Office
of Crime Victims Advocacy, Post Office Box 42525, Olympia, Washington 98504-2525. Invoices can
also be submitted electronically by email to sherina.iames(c-bcommerce.wa.gov.
COMMERCE will pay Grantee upon acceptance of program activities provided and receipt of properly
completed invoices.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after re-
ceipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall
be made by COMMERCE.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shall
not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
4. BREACH OF PERSONALLY IDENTIFIABLE INFORMATION (P111),
The Grantee must have written procedures in place to respond in the event of an actual or imminent
"breach" (OMB M-17-12) if it (or a subcontract/subgrantee)-- 1) creates, collects, uses, processes,
stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (Pil)" (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 PH to their Commerce Grant Manager no later than
24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
5. COMPENSATION
COMMERCE shall pay an amount not to exceed ($392,014.00 ) for the performance of all things nec-
essary 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 $98,004.00. All 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
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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 Man-
ager.
Payment will be on a reimbursement basis only.
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 Reg-
ulations. Any out-of-state travel must be approved in advance by the COMMERCE program coordinator
for this Grant. Current travel rates may be accessed at https:Hofm.wa.gov/sites/default/files/public/re-
sources/travel/colormap.pdf.
The Grantee agrees to comply with the financial and administrative requirements set forth in the current
edition of the Office of Justice Programs Financial Guide, which can be found at https://ojp.gov/finan-
cialquide/doj/pdfs/DOJ FinancialGuide.pdf.
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 https://www.federalregis-
ter gov/documents/2016/07/08/2016-16085/victims-of-crime-act-victim-assistance-program.
6. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on
the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financial-
guide/DOJ/index.htm), including any updated version that may be posted during the period of perfor-
mance. The recipient agrees to comply with the DOJ Grants Financial Guide.
7. COMPUTER NETWORKS
Grantee understands and agrees that it cannot use any federal funds to maintain or establish a com-
puter network unless such network blocks the viewing, downloading-, and exchanging of pornography.
8. CONFERENCES, MEETINGS, AND TRAININGS
The recipient, and any subrecipient/subgrantee, must comply with all applicable laws, regulations, pol-
icies, and official DOJ guidance (including specific cost limits, prior approval and reporting require-
ments, 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 ap-
pears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements"' in
the "DOJ Grants Financial Guide").
9. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP)
The Grantee certifies that you have verified with the appropriate person in your agency that, as a re-
cipient of VOCA Grant funds, your agency will complete an EEOP Certification to claim either a com-
plete exemption or limited exemption from the submission requirement.
A complete exemption means that your agency is not required to prepare an ESOP because it meets
one or more of the following:
51
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
• Recipient has less than 50 employees
• Recipient is an education institution
• Recipient is an Indian Tribe
• Recipient is a medical institution
• Recipient is a non-profit organization
• Recipient's award is less than $25,000
A limited exemption of the submission requirement means that your agency has formulated an ESOP
that has been signed and is available for review because the agency has 50 or more employees and
is receiving a single award or subaward of $25,000 or more, but less than $500,000.
10. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS
The Grantee agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of
Justice regulation.
11. EXAMINATION OF RECORDS
The Grantee authorizes Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer
(OCFO), and its representatives, access to and the right to examine all records, books, paper or docu-
ments related to the VOCA grant. The State will further ensure that all VOCA subgrantees will authorize
representatives of OVC and OCFO access to and the right to examine all records, books, paper or
documents related to the VOCA grant.
12. FAILURE TO ADDRESS AUDIT ISSUES
The Grantee understands and agrees that COMMERCE may withhold grant funds, or may impose
other related requirements, if (as determined by the DOJ awarding agency) the Grantee does not sat-
isfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Re-
quirements (or by the terms of this award), or other outstanding issues that arise in connection with
audits, investigations, or reviews of DOJ awards.
13. FEDERAL NON-DISCRIMINATION REQUIREMENTS
It will comply with any applicable federal non-discrimination requirements, which may include:
• the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d);
• the Victims of Crime Act (VOCA) of 1984 (34 U.S.C. § 20101);
• the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
• the Civil Rights Act of 1964 (42 U.S.C. § 2000(d));
• the Rehabilitation Act of 1973 (29 U.S.C. § 794);
• the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);
• the Education Amendments of 1972 (20 U.S.C. §§ 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).
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
Applicant 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://vwvw.oip.usdoi.gov/ocr/.
14. FRAUD, WASTE, ABUSE, OR MISCONDUCT
The Grantee, and any Subgrantee at any tier, must promptly referto the DOJ OIG any credible evidence
that a principal, employee, agent, Grantee, Subgrantee, Subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil
violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
grant funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by:
Mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, NW
Room 4706
Washington, DC 20530
Email: oig.hotline aausdoi.gov
Hotline: (800) 869-4499
Hotline fax: (202) 616-9881
15. GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS
The Grantee, and any Subgrantee at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various
"general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://oip.gov/fund-
ing/Explore/FY18AppropriationsRestrictions.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 COM-
MERCE for guidance, and may not proceed without the express prior written approval of COMMERCE.
16. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their grant information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
17. GRAFT MODIFICATION
Notwithstanding any provision of this grant to the contrary, at any time during the grant period, COM-
MERCE 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 under-
standings 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, COM-
MERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE deter-
mines, 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 provi-
sion of eligible program activities.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
10. 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/subcon-
tractor, 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 Insur-
ance 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 subgrants/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 Profes-
sional 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 em-
ployees need not be named as additional insureds under this policy.
19. NONCOMPETITIVE PROCUREMENT CONTRACTS OVER $2501000
No VOLA Grant funds will be used to use a noncompetitive approach in any procurement contract that
would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to
agreements that, for the purposes of federal grants administration, OJP considers a procurement "con-
tract" (and therefore does not consider a subaward).
20. 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 pro-
vided under this grant, and civil and/or criminal penalties.
7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
21. OJP TRAINING GUIDING PRINCIPLES
Any training or training materials that the Grantee, or any Subgrantee at any tier, develops or delivers
with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrant-
ees, available at.https://oi;D.qov/funding/oiptraininqquidinqprinci;Dles.htm.
22. PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES
Grantee (and any subgrantee/subcontractor) must comply with, and is subject to, all applicable provi-
sions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of information related to
gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating
to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
23. REDUCING TEXT MESSAGING WHILE DRIVING
Pursuant to executive order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
74 Fed. Reg. 51225 (October 1, 2009), the Department of Justice encourages recipients and sub -
recipients to adopt and enforce policies banning employees from text messaging while driving any
vehicle during the course of performing work funded by this grant, and to establish workplace safety
policies and conduct education, awareness, and other outreach to decrease crashes caused by dis-
tracted drivers.
24. REPORTING
Grantees must collect and maintain data that measure the performance and effectiveness of work done
under this grant.
If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data
collection system, relative to the provision of VOCA Unmet Victim Service Needs #3 services. If provid-
ing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection
system, relative to the provision of VOLA Unmet Victim Service Needs #3 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 re-
quired by state funding sources in the InfoNet data collection system. The Grantee shall maintain doc-
umentation and records that support the data reported in InfoNet.
The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site.
Procedures shall include:
0 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.
Grantees will also submit semi-annual narrative reports on VOCA Unmet Victim Service Needs
#3 activities.
This information on the activities supported by the grant funding will assist in assessing the effects that
the VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction.
E'1
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
25. REQUIREMENT PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PER-
SONS (INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE
AWARD _
The Grantee and any Subgrantee at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons,
whether on the part of recipients, subrecipients, Subgrantees, or individuals defined (for purposes of
this condition) as "employees" of the Grantee or of any Subgrantee.
The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons
are posted on the OJP web site at hfitp://oip.gov/funding/Explore/ProhibitedConduct-Trafficking htm
(grant condition: prohibited conduct by Grantees and Subgrantees related to trafficking in persons (in-
cluding reporting requirements and OJP authority to terminate award)), and are incorporated by refer-
ence here.
26. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND
RELATED MATTERS
No Grantee or Subgrantee under this Grant, or entity that receives a procurement contract or subcon-
tract with any funds under this Grant, may require any employee or contractor to sign an internal con-
fidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict,
the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The forgoing is not intended, and shall not be understood by the agency making this Grant, to contra-
vene requirements applicable to Standard Form 312 (whish relates to classified information), Form
4414 (which relates to sensitive comportment information), or any other form issued by a federal de-
partment or agency governing the nondisclosure of classified information.
A. In accepting this award, the recipient:
'1. represents -that it neither requires nor has required internal confidentiality agreements or state-
ments from employees or contractors that currently prohibit or otherwise currently restrict (or
purport to prohibit or restrict), employees or contractors from reporting waste, fraud, or abuse
as described above; and
2. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors
to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds, will provide prompt written notification to the federal agency
making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
B. If the Grantee does or is authorized under this Grant to make Subgrantee, procurement contracts,
or both:
It represents that:
a. it has determined that no other entity that the Grantee's application proposes may or will
receive grant funds (whether through a Subgrant, procurement contract, or subcontract
under a procurement contract) either requires or has required internal confidentiality agree-
ments or statements from employees or contractors that currently prohibit or otherwise
currently restrict (or purport to prohibit or restrict) employees or contractors from reporting
waste, fraud, or abuse as described above; and
b. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
2. it certifies that, if it learns or is notified that any Subgrantee, contractor, or subcontractor entity
that receives funds under this Grant is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or Otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of ward funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligation
only if expressly authorized to do so by that agency.
27. RESTRICTIONS ON LOBBYING
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the Grantee,
or any 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 Grantee,
or any Subgrantee at any tier, to pay any person to influence (or attempt to influence) a federal agency,
a Member of Congress, or Congress (or an official or employee of any of them) with respect to the
awarding of a federal grant or cooperative agreement, Subgrant, contract, subcontract, or loan, or with
respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352.
Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal or-
ganizations.
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.
28. SERVICES TO LIMITED -ENGLISH -PROFICIENT (LEP) PERSONS
To ensure compliance with Title VI and the Safe Streets Act, the Grantee is required to take reasonable
steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may
entail providing language assistance services, including interpretation and translation services, where
necessary. Grantees are encouraged to consider the need for language services for LEP persons
served or encountered both in developing their programs and budgets and in conducting their programs
and activities. Reasonable costs associated with providing meaningful access for LEP individuals are
considered allowable program costs.
29. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by COMMERCE and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of
Grant funds expended for work performed by subcontractors, including but not necessarily limited to
minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall
mean subcontractors of any tier.
30. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
O Special Terms and Conditions
General Terms and Conditions
• Attachment A — Scope of Work
10
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
• Attachment B — Budget
• Attachment C — Equal Employment Opportunity Plan Certification
• Attachment D - Victims of Crime Act (VOCA) Program Rule
• VOCA Unmet Victim Service Needs #3 Application for Funding as submitted and approved by
COMMERCE
11
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Fac-
simile 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, scholar-
ships 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 num-
bers, driver license numbers, other identifying numbers, and any financial identifiers.
G. "State" shall mean the state of Washington.
N. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is perform-
ing all or part of those services under this Grant under a separate Grant with the Grantee. The
terms "Subgrantee/subcontractor" refers to any tier.
1. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
J. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COM-
MERCE; 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 con-
tractual 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, conclu-
sions, 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.
12
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
4. ALL. WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be bind-
ing unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to indi-
viduals with disabilities in the areas of employment, public accommodations, state and local govern-
ment 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. A®
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 ca. commerce.wa.qpv.
10. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY AND VOLUN-
TARY EXCLUSION—PRI MARY AND LOWER TIER COVERED TRANSACTIONS
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or volun-
tarily 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 judg-
ment 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, vi-
olation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
13
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
3. Are not presently indicted for or otherwise 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.
D. 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 solic-
itations 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 transac-
tion, 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 imple-
menting 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 per-
son's name, health, finances, education, business, use of government services, addresses,
telephone numbers, social security number, driver's license number and other identifying num-
bers, and "Protected Health Information" under the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
D. 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 Infor-
mation 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 safe-
guarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Infor-
mation 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 require
14
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
changes to such policies and procedures as they apply to this Grant whenever COMMERCE rea-
sonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee
shall make the changes within the time period specified by COMMERCE. Upon request, the
Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Grantee against unauthorized
disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within twenty-four (24)
hours of any unauthorized use or disclosure of any confidential information, and shall take neces-
sary 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 previ-
ously or currently employed by, fob 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 considera-
tion 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 con-
sidered 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 pro-
duced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrev-
ocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute,
prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents
15
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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 COM-
MERCE, 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 is 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 tribu-
nal.
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 Wash-
ington 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,
16
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
including but not limited to attorney's fees, attributable -For bodily injury, sickness, disease, or death, or
injury to or the destruction of tangible property including loss of use resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subgrantee/subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to Grantee's or any sub grantee'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. Con-
duct 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 14% of modified total
direct costs (MTDC) will be used.
29. 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 Insur-
ance 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 reg-
istration requirements or standards necessary for the performance of this Grant.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify,
or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification,
or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and
signed by the Agent.
17
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondis-
crimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to
comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or
terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with COM-
MERCE. 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 simi-
larly 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 com-
pensation.
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 gen-
der-based differential; and accounts for the entire differential.
3. A bona fide regional difference in compensation level must be: Consistent with business ne-
cessity; 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 RCv 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.
W:
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL (FUNDS
C. Minimum procedural requirements, as follows:
I. 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.
o) 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.
26. 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.
36. 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
19
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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 COM-
MERCE, 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 sub-
contracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COM
MERCE 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.
20
GENERAL TERMS AND. CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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 in-
tended 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 sus-
pended.
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 pro-
hibit the Grantee from incurring additional obligations of funds during investigation of the alleged com-
pliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE 'to ter-
minate 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 Repre-
21
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
sentative shall determine the extent of the liability of COMMERCE. Failure to agree with such deter-
mination 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 deter-
mines 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 Representa-
tive, 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 sub-
grants/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/subcon-
tracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcon-
tracts, 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 fur-
nished 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) reimburse-
ment of the cost thereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
E. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
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.
22
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 Sub-
grantees/Subcontractors.
43. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
23
ATTACHMENT A
SCOPE OF WORK
VOLA Unmet Victim Service Needs #3
07/01/2019 through 06/30/2021
New Hope shall furnish goods and services necessary to accomplish the activities under the VGCA
Unmet Victim Service Needs #3 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 Grant, County Of to accomplish a public purpose.
Funding from this Grant must be used to support the services outlined and approved in the VGCA
Unmet Victim Service Needs #3 funding application.
DATA REQUIREMENTS
If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data
collection system, relative to the provision of VGCA Unmet Victim Service Needs #3 services. Report
data will be due in InfoNet no later than the fifteenth daV following the end of the quarter.
Grantees will also submit semi-annual narrative reports on VOLA Unmet Victim Service Deeds
#3 activities.
DELIVERABLES
1. Reports — As described in Section 21 of Special Terms and Conditions
2. Audit — If required, audit must be received no later than nine (9) months after the end of the
Grantee's fiscal year
3. Vouchers — Must be submitted at least quarterly
PERFORMANCE MEASURES
Provision of the deliverables listed above will be measured using the following performance measures:
1. 90% of required reports will be submitted on time
2. 100% of required audits will be completed on time
ATTACHMENT B
BUDGET
Budget
Unmet Needs - SA
Total
Salaries
$2053388.00
$205,388.00
Benefits
$84,952.00
$84,952.00
Goods and Services
$101,674.00
$101,674.00
Match
$98,004.00
$98,004.00
Total
$392,014.00
$3923014.00
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, in-
cluding 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/Qublic/re-
sources/travel/colormaQ.Pdf.
Any purchase over $5,000 must be pre -approved by COMMERCE.
ATTACHMENT C
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (ESOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three.
Recipient's Name: Grant, County Of
Address: PO BOX 37 EPHRATA, WA 98823-0037
Is agency a ❑ Direct or 0 Sub recipient of OJP, OVW or COPS funding? Law Enforcement Agency? ❑ Yes ❑ No
DUNS Number: Vendor Number (only 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 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 ESOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305):
Board of Grant County Commissioners
[responsible official],
certify that Grant County, dba New Hope [recipienfJ
Which has fifty or more employees and is receiving a single 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:
Grant County
[organization],
PO Box 37, Ephrata WA 98823
[address] . �
Tom Taylor, Chair 46
Print or Type Name and Title S igr�,tu,
8/27/19
Date