HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA (002)K19-111
OWN&
rt ent of Co erce
Grant Agreement with
New Hope
through
Office of Crime Victims Advocacy
Community Services and Housing Division
For
Core and Specialized Sexual Assault Services SFY 2020
Start date: 07/01/2019
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
FaceSheet-------__________________________________________.
SpecialTerms and Conditions ................... ......................... ........... ............................................................
2
1
Acknowledgement ofFederal Funding ---___________________________..2
2.
Applicability of Part 2OOUniform Requirements ...... -_...... ............. ............................... .............
2
3.
Billing Procedures andPayment ............................... ......................................................................
3
4`
Breach of Personally Identifiable Information (PU)... -_...........
3
5.
Compensation .......................... ........... ....................................................... ~-----------3
8.
Compliance with DOJ Grants Financial Guide ... .............................................................................
4
7.
Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination ......................
4
8.
Computer Networks ............................................... .........................................................................
5
Q.
Conferences, Meetings, and Trainingo........................... ................................................................
5
10.
Equal Employment Opportunity Program (EEOF) ...........................................................................
5
11.
Equal Opportunity Treatment For Faith Based Organizations .........................................................
5
12.
Examination ofRecords ------_----___________________________.
13.
Failure toAddress Audit Issues ............. ----___-______
14`
Federal Non -Discrimination Requirements ......................................................................................
8
15.
Fraud, Waste, Abuse, DrMisconduct
..............................................................................................
O
18.
General Restrictions onthe Use ofFederal funds ...........................................
7
17.
Grant Management .......................................................................................................................... 7
18-
Grant Modification -----------------------------------------.7
18.
Insurance ................................................................................................................ _______..
20.
Noncompetitive Procurement Contracts Over $25O.00O................................................................. 8
21.
NonLSupplantingCertification .......................................... -..�......................................................... 8
22.
OJpTraining Guiding Principles ...................................................................................................... 8
23.
Prohibitions on Reprisal; Notice to Employees ........... _ __ ___ __ _ _ ________. _
B
24
Reducing Text Messaging While Driving ......................................................................................... g
25.
Reporting ......................
26.
Requirement Pertaining toProhibited Conduct Related to Trafficking inPersons
(Including Reporting Requirements and CUPAuthority toTerminate Award) ................................. g
27.
Restrictions and Certifications Regarding Non -Disclosure Agreements and
Related Matters ------------------------------------------1O
28
Restrictions onLobbying ...............................................................................................................
1O
29.
Services To Limited English Proficient (LEP) Persons ---------------_................
11
30.
Subcontractor Data Collection
11
31.
VDCARequirements ............................................................... --......................................... --.11
32
'
Order ---------------------------------------.12
General Terms and Conditions ............................................................... .................................... ..............
13
1.
Definitions ______________________________________._-----13
2
'
Access D�� ------------------------------------------.13
3.
Advance Payments Prohibited ..................................................... .................................................
13
4`
All Writings Contained Herein ........................................................................................................
14
5.
Amendments
0.
Americans With Disabilities Ac(\OA)------------------------------
14
7.
Assignment ....................................................................... .............................................. .............
14
8.
Attornay's'Feee...................................................................
14
Q'
Audit ----------------------------------------------14
10.
Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion ...........
14
11'
Confidential ity/Sefeouar ing ofInformation ....................................................................................
15
12
Conflict ofInterest
13.
Copyright Provision..............................................................................•...................,.....................16
14.
Disputes ..........................e a s .. o . a v , .vas .. v .a... a . a • v • . a . + ............... • . v .. v a . e v • v .. e • • v ... , • a . , ..
• • .......... , , ...... v , v + . + +-• • • e • • a
7
15.
Duplicate Payment.........................................................................•.......................................•...a+,.17
7
16.
Governing Law and Venue ........................................................ ....................................................
17.
Indemnification....................................................... •� .
.. ................................
17
18.
..... ... : .
p ..... ... . ... ... ............
Independent Capacity of the Grantee ......
...........••....••......ea,18
19.
Indirect Costs .
..............
20.
Industrial Insurance Coverage v n .... a .... v .... a .. ...... . .
. ........... ....••••••.....18
21.
.a...........................e...................,.................
Laws .................................................
• •• .. e...............
22.
9 ...................... ......... .....
Licensing, Accreditation and Registration.....•.
.
••• ••••• •••••••••••••
23.
... ......... .. ......e ,.... ...ee. .....
Limitation of Authority......... ........... ......... •
...... ... ,. ..........18
•
24.
Noncom liance With Nondiscrimination Laws.............................................+..................................19
25.
Pay Equity ..e...................a....a...,...... n .......... . ................... a ...................... e ..........................................
a v . .
19p
26.
Political Activities ...................................................... .. ... ...... ... .. ..........
.......... ...e..........19
27.
Procurement Standards for Federally Funded Programs ..............
• • • • • • • • •
28.
Publicity............................................................................................ ...
.......... ....... ............,
20
29.
..... ......................... ......... ................
Recapture.......• ................................... .. ... ... .
.
• • •. .... ............,20
21
30.
Records Maintenance .............................................. .......... ..e..........................................e...............
21
31.
Registration With Department of .........................................................
f R
g -
..........•••••....••••••
32.
Right of Inspection.................................................... ...........................
+
. ..............a...
21
1
33.
Savesgs................................e..e........•.......... ..........................................................
..,.,................ ....2
21
34.
Severability .........................................
.: ....,..................,
21
35.
Site Security..........................r......................................................,....,
e................,..
21
36.
Subgranting/Subcontracting ....• .. .. • .. .w • r • .. , •
• ... .. ............
37.
Survival .............................. e......................................................... ,..a......................
..............................
22
38.
Taxes ..........................ae...,•................................. ... . ...
....... ..............., ....22
22
39.
Termination for Cause ..................................................... ... ...,. ...,,
... ... ..................
22
40.
Termination for Convenience ............ ............ ..
... ............... ...........
41
Termination Procedures.................................................................6...........................
..................
22
42.
Treatment of Assets ..................................................... .... .... ........... ...
... ...........................
23
43.
Waiver .............. ... .a ...............,. a . ... ..... .. ..,,..a. .....
..................,..,.••..e..,
24
Attachment A - Scope of Work
Attachment B - Budget
Attachment C - Equal Employment Opportunity Plan Certification
Attachment D - Victims of Crime Act (VOCA) Program Rule -
Appendix A — State of Washington Sexual Assault Services Standard
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AP PROVEb. 'AS. Td FORM ON LY
13 •.. ATTORNEHY. GIENERAL
`'isle..
a
PL 0INTILME
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL° FUNDING
Federal Award Date: 1011/2016 - 9/30/2020
Federal Award Identification Number (FAIN):.
2017-VA-GX-0061
Total Amount of the Federal Award:
$41,060,865
Awarding Official: Department of Justice,
Office of Justice Programs, Office for Victims of Crime
Amount obligated by this action: $164,467.00
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. 2017-VA-GX-0061 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 fundsare administered by the Offcelof Crime Victims Advo-
cacy, Washington State Department of COMMERCE."
In the event a correction is required to the Acknowledgement .of Federal Funding, an administrative
change will be processed. A change to the Acknowledgement of Federal Funding will not affect your
budget or scope of work and notice will be provided.
2. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS
The Uniform Administrative Requirements,- Cost Principles, and Audit Requirements in 2 C.F.R. Part
200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2017 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017
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 2017 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
https://olp.g.ov/fundir-LqlPart2OOUniformReauirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of
the final expenditure report (SF 425), unless a different retention period applies -- and to which the
recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance
measurement informations"in addition to the financial records, supporting documents, statistical records,
and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials, prepared or.
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the
Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
2
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
3 BILLING PROCEDURES AND PAYMENT
'
The Grantee shall submit all requests for reimbursement onthe Invoice Voucher (A-19) form provided
byOCVAprogram staff.
Invoices shall besubmitted et least quarterly, but not more often than monthly, onthe Invoice Voucher
(A-19) Forms. The Invoice Voucher ohoU be submitted to Heather Shutter, Program Coordinator.
Invoices can be submitted electronically by email to heather.shutter@commerce.wa.gov. Grantees may
also utilize COK4&4ERCE'a online invoicing system.
COMMERCE will pay Grantee upon acceptance of program activities provided and receipt of properly
completed invoices.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment ohoU be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant orwithhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
Nopayments inadvance orinanticipsdion,of services orsupplies tobeprovided under this Grant shall
bemade byCOMMERCE.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shall
not pay the Gnantee, 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 ordisallowed costs incurred by its own organization
orthat ofJtoSubcontractors.
4. BREACH OF PERSONALLY IDENTIFIABLE INFORMATION
The Grantee must have written procedures in place to respond in the event ofon actual or imminent
"breach" (OMB N-17-12) if it (ora subcontract/subgrantee)-- 1) nreateo, ooUects, uses, pmoesaea,
ohonss, mainba1ns, diooeminatem, dioc{ooea, or disposes of "personally identifiable information (P||)" (2
CFR 200.79) within the scope of an C]JP grant -funded program or activity, or 2) uses or operates a
"Federal information system" (OMB Circular A-1 30). The recipient's breach procedures must include a
requirement to report actual or imminent breach of PU to their Commerce Grant Manager no later than
24 hours after an occurrence of an actual bnaach, or the detection of an imminent breach.
5. COMPENSATION
COMMERCE shall pay an amount not to exceed ($287.129.00)for the performance of all things
necessary for orincidental to the performance of work as set forthinAttachmentA-Scope of Work.
Grantee's compensation for services rendered shall beinaccordance with AttachmentB—Budget.
The Grantee shall provide onon-federal match for the Victims of Crime Act portion of this Grant. The
total match to beprovided shall be at least $41'117.00.The Grantee stipulates that this match will be
met from the state funded portion of this Grant. If the Washington State portion of the Grant isnot
sufficient to meet the VOCA match requirement, the Grantee agrees that local funds orin-kind will
complete the match. All funds designated as match are restricted to the same uses as VOCAfedena|
funds. Match fundomaybeexpendedinagreatarpropordontognantfunds'howevar, all match funds
must beexpended prior tothe close ofthis Grant.
3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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 aid by Grantee shall be reimbursed at a rate not to exceed the current
Tra p P
state rate and in accordance with the State of Washington Office of Financial Management Travel
Regulations. Any out-of-state travel must be approved in advance by the COMMERCE program
coordinator for this Grant. Current travel rates may be accessed at
https:/fofm.*wa.gov/sites/`default/fil6t/Public*'/re'so'urces6/travelicolormaP, Pdf.
The Grantee a comply agrees to with the financial and administrative requirements set forth in the current
g p Y
edition of the Office of Justice Programs Financial Guide, which can be found at
https•//ojp aovlfinancialguide/DOJ/index.htm.
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.federaIreqister.00v/documents/20 . 16/07/08/2016-16085/victims-of-crime-act-victim-
assistance-program
6. COMPLIANCE WITH DOJ GRANTS FINANCIAL GLIDE
References to the
DOJ Grants Financial 'Gui'de are to the DOJ Grants Financial Guide `as posted on
the OJP website currently, the "DOJ Grants Financial Guide,' available at
htt ` s://o' . oy/financial uide/DOJ/index.htm), including any updated version that may be posted during
the period of performance. The` recipient; agrees to com ply with the DOJ Grants Financial Guide.
7. COMP LIANCE'WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND
NONDISCRIMINATION
The Grantee and an y g an Subgrantee at tier must comply with all applicable requirements of 28 C.F.R.
Y
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.
n Sub rantee at' an tier must comply with a.11 applicable requirements of 28 C.F.R.
The Grantee and a y g Y
Part 54„;which relates to nondiscrimination on the basis of sex in certain. education programs."
The Grantee and any Subgrantee at any tier must comply with all applicable requirements of 28 C.F.R.
Part 38 pecifically including any applicable requirements regarding' written notice to program
rues and ros ective ro ram beneficiaries. Among other things, 28 C.F.R. Part 38 includes
beneficia p p p g
rules that prohibit Specific forms of discrimination on the basis of religion, a religious belief, a refusal to
p
hold a reli`g ious 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
4
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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.gov/cqi-
bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -
CFR "current" data.
8. COMPUTER NETWORKS
Grantee understands and agrees that it cannot use any federal funds to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging of
pornography.
9. CONFERENCES, MEETINGS, AND TRAININGS
The recipient, and any subrecipient/subgrantee, 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 ap-
pears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in
the "DOJ Grants Financial Guide") http://oip.gov/financial gide/DOJ/Postaward Reguirements/chap-
ter3. 1 Oa.htm.
10. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP)
The Grantee certifies that you have verified with the appropriate person in your agency that, as a
recipient of VOCA Grant funds, your agency will complete an EEOP Certification to claim either a
complete exemption or limited exemption from the submission requirement.
A complete exemption means that your agency is not required to prepare an EEOP because it meets
one or more of the following:
• Recipient has less than 50 employees
• Recipient is an education institution
• Recipient is an Indian Tribe
• Recipient is a medical institution
• Recipient is a non-profit organization
• Recipient's award is less than $25,000
A limited exemption of the submission requirement means that your agency has formulated an EEOP
that has been signed and is available for review because the agency has 50 or more employees and
is receiving a single award or subaward of $25,000 or more, but less than $500,000.
11. EQUAL OPPORTUNITY TREATMENT FOR FAITH EASED ORGANIZATIONS
The Grantee agrees to comply with the applicable requirements of 28 CFR. Part 38, the Department of
Justice regulation.
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
'12e EXAMINATION OF RECORDS
The Grantee authorizes Office forVictims
of Crime 4VC and/or`the'Office of the Chief Financial Officer
OCF� ,I and its representatwes, access to and the right to examine all records, books, paper or
( )
documents related
to the VOCA rant. The State will further ensure hat Fall VOLA 'subgrantees will
g
authorize representatives of OVC' and OCFO access to and the right to examine all records, books,
paper or documents related to the VOCA grant.
13. FAILURE TO ADDRESS AUDIT ISSUES
The Grantee understands- and agrees that COMMERCE may withhold grant funds, or may impose
other related requirements, if (as determined by the DOJ awarding agency) the Grantee does not
satisfactorily and promptly address outstanding issues from aud.its 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,
14. FEDERAL NON-DISCRIMINATION REQUIREMENTS
It will comply Y pp
with an a licable 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 (VOLA) of 1964 (34 U.S.C; § 20101);
s the Juvenile Justice and Delinquency Prevention Act of' 2002 (42 U.S.C.`§ 5672(b));
the CivilRights'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 42e artment of Justice Regulations - Nondiscrimination, Equal Employment
(U.S.(. p
Opportunity, Policies and Procedures);
28 C.F.R. Part 54 (U.S. 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 p rotection of the law for -faith based and community organizations);
and 28 C.F.R. Part 38((U.S. Department of Justice Regulations —Equ,al Treatment for Faith Based
Organizations).
p
Applicant
also ensures compliance with Federal law prohibiting grant recipients fro m 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 httr)•//www.oip.usdoi.gov/ocrl.
15. FRAUD; WASTE, ABUSE4 OR MISCONDUCT
and anySub rantee at an tier, .Must rom
The Granteeg y p ptly refer to the DOJ OIG any credible evidence
that a principal, empl1)
oyee, ,agent, Grantee, Subgrantee, Subcontractor, or other person has either
submitted a false claim for grant funds under the False' ClaimsAct; or 2) committed a criminal or civil
violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
9rant funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG y:
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, NW
Room 4706
Washington, DC 20530
Email: oiq.hotlineC@,usdoj.qov
Hotline: (800) 869-4499
Hotline fax: (202) 616-9881
16. 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/funding/Explore/FY18Aogrogriations Restrictions, htm and are incorporated by reference
here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient)
would or might fall within the scope of an appropriations -law restriction, the recipient is to contact
COMMERCE for guidance, and may not proceed without the express prior written approval of
COMMERCE.
17. 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.
18. 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.
19. 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
7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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 under this section
The Grantee shall rovide insurance coverage that shall be'maintained in full force and effect during
p
the term of this Grant,` as follows.
Com m.ercial 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,
P 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.
In the. event that performance pursuant to this Grant involves the use of
Automobile Liability.
owned or o erated b the Grantee or its Subgrantee/subcontractor, automobile liability
vehicles, p Y
insurance shall be required. The minimum limit for automobile liability is $1`,000,000 per occurrence,
a
using a Combined Single Limit for bodily injury and property damage.
sional Liabilit Errors and Omissions `Insurance. The Grantee shall maintain
Profes Y�
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 Incensed
staff employed to ed 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.
20. NONCOMPETITIVE PROCUREMENT CONTRACTS OVER $250,000
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
"contract" (and. therefore does not consider a subaward).
21. NON -SUPPLANTING CERTIFICATION
No VOCA Grant funds
will be used to supplant existing state, local, or other non-federal funding already
in lace to support current services. VOCA Grant funds will be used to. increase the total amount o
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funds used for crimevictimassis ance./iolation of the non, -supplanting requirement can result in a
ran e of ena(ties`, including suspension of future funds under this grant, recoupment of monies
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provided under this grant, and civil and/or criminal penalties.
22. OJP TRAINING GUIDING PRINCIPLES
Any training or training in 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://oipgov/funding/oiptrainingquidingnrincip(es.htm
23. PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES
must comply with, and is subject to, all applicable
Grantee ;.(and any subgrantee/subcontractor)
p
revisions 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 o
information related' to gross `mismanagement of a federal grant, a gross waste of federal fun s, an
8
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
abuse of authority relating to a federal grant, a substantial and specific danger topublic health orsafety,
oreviolation of law, ru|e, or regulation related to o federal grant.
The recipient also must inform its employees, inwriting (and inthe predominant native language ofthe
workforce), of employee rights and remedies under 41 U.S.C. 4712.
24. REDUCING TEXT MESSAGING WHILE DRIVING
Pursuant to executive order 1351.3."Federal Leadership onReducing Text MessagingWhile Driving.^
74 Fed. Reg. 51225(October 1.20O9).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 eduoabon, aweroness, and other outreach to decrease crashes caused by
distracted drivers.
25. REPORTING
Grantees must collect and maintain data that measure the performance and effectiveness ofwork done
under this grant.
If providing direct services or outreach, the Grantee shall submit data quarterly in the |nfoNetdata
collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY 2020
services. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet
data collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY
2020 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 |nfoNet data collection system. The Grantee aho|| maintain
documentation and records that support the data reported in|nfoNet.
'
The Grantee shall establish and maintain written procedures for the security of |nfoNet use at its site.
Procedures shall include:
°Only authorized staff are provided access to the |nfoNetdata and files;
•Gtaff are informed of the need for security and confidentiality of data and files maintained inor
available through the 1nfoNetsystem; and
• That the Grantee shall notify the Department Program Coordinator for this grant when an employee
ianolonger authorized toaccess the |nfoNetsystem.
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.
26. REQUIREMENT PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN
PERSO-NS (INCLUDING REPORTINd REQUIREMENTS AND OJP AUTHORITY TO TERMINATE
AWA
The Grantee and any Subgrantee at any tier, must comply with all applicable requirements (including
requirements toreport allegations) pertaining toprohibited conduct related to the trafficking .persons,
whether on the part of recipients, aubrecipients'Subgrantees.orindividuals defined (for purposes of
this condition) ao^employees �ofthe Grantee orofany 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
(grant condition: prohibited conduct by Grantees and 8ubgnsnteeo related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)), and are incorporated by
reference here.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
27e RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND
RELATED MATTERS
Subgrantee under this Grant, or entity;. that receives a procurement. contract or
No Grantee or g .
subcontract with any funds under this Grant, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or; otherwise restricts, or.purports to prohibit or
restrict, the reporting (in accordance. with law)of waste, fraud, or abuse to an investigative or law
ment or agency authorized to receive such information.
enforcement representative of a federal depart
is not intended and shall not be
The forgoing understood by the agency making this Grant, to
9 g ,
a licable to Standard Form 312` (which`,relates to classified information),
contravene requirements pp
Fortin 4
414 which relates to sensitive comportment information), or any other form issued by a federal
department or agency governing the nondisclosure of classified information.
A. In accepting this award, the recipient:
1. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
or purport to prohibit or restrict), employees or contractors from reporting waste, fraud, or
abuse as described above; and
ies `that if it learns oris notified that it is or has been requiring its employees or contractors
2. certifies ,
to execute a regiments or statements hat prohibit or otherwise restrict (or purport to prohibit or
9
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 t e e eraI 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 Subg't�antee, procurement contracts,
or both:
1 It represents that:
am it has determined that no other entity that the Grantee's application proposes may or will
receive rant funds (whether through a Sub g* procurement contract, or subcontract
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under a procurement contract) either requires or has required internal confidentiality
agreements or statements from employees or contractors that currently' prohibit or
otherwise currentiy. restrict (or purport to, prohibit or restrict) employees or contractors from
reporting waste, fraud, or abuse as described above; and
b. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
2. it certifies that, if it learns or is notified that any Subgrantee, contractor, or subcontractor entity
that receives 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
Y p
only if expressly
to do so by that agency.
28. RESTRICTIONS ON LOBBYING
tier of federal law, federal funds awarded by OJ P may not be used by the Grantee,
In general, as .a ma .
or an subgrantee at an tier, either directly or indirectly, to support or oppose the enactment, repeal,
o y g Y
codification, or adop tion of any -law, regulation, or policy at any level of government. See 18 U.S.C.
10
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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
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.
29. 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.
30. 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.
31. VOCA REQUIREMENTS
The recipient and any subrecipient ("subgrantee") at any tier, will comply with the conditions of the
Victims of Crime Act (VOLA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42 U.S.C. 10603
(a)(2) and -(b)(1) and (2) (and the applicable program guidelines and regulations), as required.
11
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
12
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
1DEFINITIONS
Aoused 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 onthe Director's behalf.
B "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grsntee, including any Exhibbe, douuments, 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 ofthe Grantee.
E. "Modified Total Oinaot Costs (MTDC^ shall mean all direct salaries and wegem, applicable fringe
benefiLa, materials and supplies, memioeo, trave|, and up to the first $25,000 ofeach oubaward
(regardless of the period of performance of the subawarda under the award). K4TDC excludes
equipment, capital expenditures' charges for patient msre, rental costs, tuition remisaion,
scholarships and fellowships, participant support costs and the portion ofeach oubawordinexcess
of $25,000.
F. "Personal |nfomnetkzn^ shall mean information identifiable to any peneon, incduding, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activibeo, addreoaee, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
G. "State" mheU mean the state ofWashington.
H. "Subgrantee/subcontractor" shall mean one not in the employment of the GnanNae, who is
performing all or part of those services under this Grant under a separate Grant with the Grantee.
The temns.^8ubgnsntee/subcontractor" refers toany tier.
|. "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 abenefioiary
of such a prowam. It also excludes vendors that receive federal funds in exchange for goods and/or
services inthe course ofnormal trade orcommerce.
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 aeniooa on afee-for-semioe or per-unit basis with
contractual penalties if the entity fails to meet program performance standards.
2.. ACCESS TO DATA
In compliance with RCVV 39.28.180. the Grantee mhoU provide eooeso 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,
oonc|ueiona, and recommendations of the Grantee 'a 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 GrantohaU
bemade byCOMMERCE.
13
GENERAL TERMS AND CONDITIONS
.`GENERAL GRANT
FEDERAL FUNDS
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or.to bind any of
the parties hereto.
5. AMENDMENTS
This Grant,may be amended by mutual agreement of. the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT ADA OF 1990 PUBLIC LAW 101-336, ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35
The Grantee must comply with the ACOA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
ov
g ernment services, and.telecommunications..
7. ASSIGNMENT
Neithethis Grant noY r an claim arisingunder this Grant, shall be transferred or assigned by the
r.. ,
Grantee prior written consent of COMMERCE.
8. ATTORNEYS' FEES
U expressly Unless ex ressl 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
r
If the Grantee p expends is a subreci ient and ends $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:
p
A.
Submit to COMMERCE the reporting package specified in OMB Super Circular 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 �Pveloped corrective action plans for all audit findings.
If the Grantee p expen is a subreci ient and ends less than $750,000 in federal awards from any and/or all
all .notify COMMERCE.they did not meet the single audit
sources in any fiscal year; the Grantee sh
requirement.
The Grantee shall send all single audit documentation to auditreview(a commerce.wa.g .
10. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION PRIMARY 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
p Y .
voluntarily excluded from covered transactions by any Federal department oragency.
not within a three-year period preceding this Grant, been convicted of or had a civil
2. Have Y
'ud ment rendered against. them for commission of fraud or a criminal offense in connection
J g,
p g p p° 9 rtransaction,
with obtaining,attemptingto obtain, or per in a ublic or nvate a reement o
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
14
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. ault.
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
a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
contractor shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered 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
15
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 pecified 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.
horized Use or Disclosure. The Grantee
Cm Uncut shall notify COMMERCE `within twenty-four (24)
hours of any unauthorized use or disclosure of anyconfidential information, and shall take
necessary steps to mitigate the. harmful effects of:such use or disclosure.
12, CONFLICT OF INTEREST
an determination b the Executive Ethics Board or other tribunal, COMMERCE may,
Notwithstanding Y Y
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 Wand 42.23RCW; or any similar statute involving the GRANTEE in the procurement of, or
performance under this Grant.
ions apply to contracting with current or former state employees pursuant to chapter
Specific restrict pp y g
42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any
erson em' Toyed in any capacity by he state of Washington that worked on the Office of, Crime Victims
p p
Advocacy program including but not Limited to for
or drafting the legislation, participating in
rant rocurement planning:and execution, awarding 'grants, and monitoring grants, during the 24
g p
month period preceding the start date of this Grant. Identify the individual by name, the agency
p _,
previously or currently employed by, .job title or position held, and separation date. if it is determined by
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COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further consideration
-for the award of a Grant.
In t
he 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. Th`e existence of facts upon which
COMMERCE makes any determinationunder this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this Grant.
13, COPYRIGHT PROVISIONS
otherwise provided all Materials produced under this Grant shall be considered "works for hire"
Unless p
as defined by the U..S. Co`pyright Act and hall be owned by COMiVIERCE. COMMERCE shall be
cons
ide'red the author of such Materials. In the event, the Materials are not considered "works forhire"
under the U.S.; Co pY right 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,Materialso_
ll item's -'in an format and includes, `but is not limited to, data, reports, documents,
Materials means ay
pamphlets, hlets 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 Material's to translate, reproduce,
distribute, ' prepare derivative works, publicly perform, and publicly display. The Grantee.warrants and
p. p
ite
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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 th.e 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,
17
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
and hold harmless the State and its, agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The party p
'es 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
an claim of right, privilege or benefit which would accrue to such officer or employee under law.
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Conduct and control of the work will be solely -with the Grantee.-
19.
rantee.19. INDIRECT COSTS
The Grantee shallprovide rovide their indirect cost rate that has been negotiated between their entity and the
Federal Government. If no such* rate exists a de minimis °
in cost rate of 1 Q /o of modified total
direct costs (MTDC) will be used.
20. INDUSTRIAL INSURANCE COVERAGE
The Grantee11 s comply pp hall com l 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
to the Industrial Insurance Accident Fund.. COMMERCE may deduct the, amount owed. by the
payable
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
p y .g
Insurance Services° This rov�sion does not waive an of L&I s r� hts to collect from the Grantee.
21. LAWS
with all applicable laws, ordinances, codes, regulations', and policies of local
The Grantee shall comply pp,
state, and federal governments, as now or hereafter am'ended.`
22. LICENSING -,--ACCREDITATION AND REGISTRATION
comply with all a licable local, state, and federal. licensing, accreditation and
The Grantee shallp y pp
o performance registration requirements or standards necessaryfor the erformance of this Grant.
23. LIMITATION OP 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,
of this Grant. Furthermore, any alteration, amendment, modification,
or waive any clause or condition
or waiver or any clause or condition of this Grant is not effective or binding unless made in writing an
sighed by the Agent.
Y g
18
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants
with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure this
noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
25. PAY EQUITY
The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated
as equals, consistent with the following:
A. Employees are "similarly employed" if the individuals work for the same employer, the performance
of the job requires comparable skill, effort, and responsibility, and the jobs are performed under
similar working conditions. Job titles alone are not determinative of whether employees are
similarly employed;
D. 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 - 1506.
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.
D. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to
the maximum extent practical, open and free competition.
19
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
C. Minimum procedural requirements, as follows:
1. a
Follow procedure to assure the avoidance of purchasing unnecessary or duplicative items.
2. Solicitations shall be based upon a clear and accurate' description( of the technics
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 p Y rice 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 Sub rantee/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 vvashintonis or G01VlMERCEs name may reasonably y 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 rovisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to
P
comP ensate COMMERCE for the noncompliance in addition to any other remedies available at law or
inequity.
y
Repayment
b 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.
20
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
30. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grant.
The Grantee shall retain such records for a period of six 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
21
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal
conditions of this Grant. in no event shall the existence of a subcontract operate. to release or reduce
the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Y
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 terminafiion of this Grant shall
so Survive.
38. TAXES
A
ll a ments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or9 ross 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
event COMMERCE determines the Grantee has failed to comply with the conditions of this. Grant
In the :.
in a timet manner, COMMERCE has the right to suspend r terminate this Grant. Before suspending
Y
or terminating the Grant, COMMERCE shall notify the -Gran I tee 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.
p
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 itis determined
that the Grantee: 1. O was not in default; or (2) failure to perform was outside of his or her control, fault
or negligence.
The rg
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,
p
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 th., Grant, may
rea uire. the Grantee to deliver to COMMERCE any property specifically produced or acquired for the
erformance p
of such part of this Grant as has been terminated. The provisions of the "Treatment of
Assetsifclause shall apply in such property transfer.
COMMERCEshallY a to the Grantee the agreed upon price, if separately stated, for completed work
P
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE
22
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
for (i)completed work and services for which no separate price is stated, (ii)partially completed work
and services, (iii)other property orservices 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 (kabi/ityofCD[NPNERCE. Failure to agree with such
determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE
may withhold from any amounts due the {3ronLea such mum as the Authorized Representative
determines to be necessary to protect COMMERCE against potential {oom or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition toany other rights and remedies provided bylaw orunder this Grant.
After receipt of a notice of temnination, 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 oroubgnants/ ubcontraots for materials, semioes, 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 C[)MK4EFlCE, in the manner, at the timea, and to the extent directed by the Authorized
Representative, all of the hghYs, tit|e, and interest of the Grantee under the orders and
eubgnants/ ubcontnscts so bsnninated, in which case COMMERCE has the hght, at its diaoneUon,
to settle or pay any or all claims arising out of the termination of such orders and
aubgnants/ uboontnsots;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
muboontnscts, with the approval or ratification of the Authorized Representative to theextent the
Authorized Representative may requine, which approval or ratification shall be final for all the
purposes ofthis clause; .
5. Transfer title to COMMERCE and deliver in the manner, at the tim*es, and to the extent directed by
the Authorized Representative any property which, ifthe Grant had been completed, would have
been required to be furnished to COMMERCE;
G 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 neceosery, or as the Authorized Representative may direot, 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 ormay 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 asedirect 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 toand 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 ofCOMMERCE furnished to the Grantee oha!|, unless otherwise provided herein or
approved byCOMMERCE, beused only for the performance ofthis 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.
23
24
ATTACHMENT
SCOPE C>FWORK
Core and Specialized Sexual Assault Services SFY 2020
U7/O1/2O1Othrough OG/3O/2U2O
New Hope shall furnish goods and services necessary to accomplish the activities under the Core and
Specialized Sexual Assault Services 8FY2020grant funding during the grant period.
This Grant is not e 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 toaccomplish apublic purpose.
Funding from this Grant must be used to support the services outlined and approved in the Core and
Specialized Sexual Assault Services SFY 2020 funding application. The grantee must ensure that ac-
tivities funded under this grant program conducted in a manner consistent with the State of Wash-
ington Sexual Assault Services Standards (Appendix A). Services shall include:
CORE SERVICES
° Information, Referral and Awareness
° Crisis Intervention
~ Legal
° Medical Advocacy
" General Advocacy
~ Systems Coordination
"
Optional: Primary Prevention
SPECIALIZED SERVICES
= Therapy
DATA REQUIREMENTSIf providing direct services orputreaoh. the Grantee ahed| submit data quarterly in the |nfoNetdata
collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY202O
services. Report data will be due in |nfoNetno later than October 15, 2019;Januarv--15,�orU
15,2020,, and .DELIVERABLES
` .
1. Reports —Asdescribed inSection 21 ofSpecial Terms and Conditions
2. Audit— If nequined, audit must be received no later than nine (8) months after the end of the
Grantee's fiscal year
3. Vouohens—Mustbeoubmittedat|eaotquartedy
PERFORMANCE MEASURES
Provision of the deliverables listed above will be measured using the following performance measures:
1. 9096 of required reports will be submitted on time
2. 1OO96ofrequired audits will becompleted ontime
ATTACHMENT B
BUDGET
Budget
Core
Prevention
Specialized
Total
•
Salaries
S
$80,388.00
$6,801.00
.
_ 0 .:
37,958.
$125,'147.00
Benefits
$31,963000
$2,747.00
$151622.00
$503332.00
Contracted0.00
Services
$
$0000
$34,548.00
$34,548.00
Goods and
Services
$583563.00
$2,842.00
$15,697.00
$77,102.00
Match
$0.00
$0.00
$0.00
$0.00
Total
$170,914.00
$12,390.00
$103,825.00
$287,129..00
The Grantee stipulates that match will be met from the state funded portion of this Grant. If the Washington
Statep ortion of the Grant is not sufficient to meet the VOLA match requirement, the Grantee agrees that
local funds or in-kind will complete the match.
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
totalro ram budget shall be subject to justification and negotiation between the Grantee and OCVA,
p g
including approval roval from the Grantee's signature authority and the relevant OC'VA Section Manager..
expenses incurred or .aid by grantee shall be reimbursed at a rate not to exceed the current state
Travel expe p ,�
rate and in accordance with the State of Washington Office of Financial Management Travel Regulations.
-ui-rent rates, for .travel may .. � - be � � accessed at
httDs://ofM.wa.gov/sites/default/files/public/resources/travel/colormap.pdf.
Any purchase over $5,000 must be pre -approved by COMMERCE.
ATTACHMENT C
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three.
Recipient's Name: Grant, County Of
Address: PO BOX 37 EPHRATA, WA 98823-0037
Is agency a 0 Direct or 2 Sub recipient of OJP, OVW or COPS funding? -T—Law Enforcement Agency? 0 Yes0 No
DUNS Number: 010202562 -7 Vendor Number (only ifdirectrecipient): N/A
Name and Title of Contact Person: Suzi Fode, Director
Telephone Number: (509) 764-8402
E -Mail Address: sfode@grantcountywa.gov
Section B—Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP Is on File for
Review
Ifarecipient has fifty or more employees and is receiving a single award or, subawardof $25,000 or more, but less than $500,000, then
the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305):
[responsible officia/],
certify that - [recipient]
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:
[organization],
[address].
t -
ht orV-ype Nafnii and Title
Signature
-74z/t (i
Date
CERTIFICATION OF FEDERAL AWARD REQUIREMENTS
Funding for this grant is comprised of Federal Victims of Crime Act (VOCA) funds. Applicants must meet
the following conditions in order to receive grant funding:
1. Data Universal Numbering System (DUNS)
In general, the Office of Management and Budget requires that all applicants (other than individuals)
for federal funds include a DUNS number in their application for a new award or a supplement to an
existing award. A DUNS number is a unique nine -digit sequence recognized as the universal
standard for identifying and differentiating entities receiving federal funds. The identifier is used for
tracking purposes and to validate address and point of contact information for federal assistance
applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life
cycle. Obtaining a DUNS number is a free, one-time activity. Call Dun and Bradstreet at 866-705-
5711 to obtain a DUNS number or apply online at www.dnb.com. A DUNS number is usually received
within 1-2 business days.
Agency's federal DUNS Number: 010202562
2. System for Award Management (SAM) Registration
The applicant organization must acquire or renew registration with the System for Award
Management (SAM). SAM is the repository for standard information about federal financial assistance
applicants, recipients, and subrecipients. OJP requires that all applicants (other than individuals) for
federal financial assistance maintain current registrations in the SAM database. Applicants must
update or renew their SAM registration annually to maintain an active status. Information about SAM
registration procedures can be accessed at www.sam.gov.
Agency is registered in System for Award Management (SAM) ❑Yes ❑ No
3. Audit Requirements
Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are
required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and are
allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the
Subrecipient Handbook for more detail.
The organization received $750,000 or more in federal funding in the agency's preceding
fiscal year ❑ Yes ❑ No
4. Executive Compensation Data
In certain circumstances recipients of federal funds must report the names and total compensation of
their five most highly compensated executives. Answer the following questions to determine if you
have to submit this information:
In the agency's preceding fiscal year, did the organization
a) receive 80 percent or more of -its annual gross revenues in U.S. federal contracts,
subcontracts, loans, grants, subgrants, and/or cooperative agreements:
❑Yes ❑ No
Page 1 of 13
b) and $25,000,000 or more in annual gross revenues from U.S. federal contracts,
subcontracts, loans, grants, subgrants, and/or cooperative agreements?:
❑Yes 0 No
If you answered "Yes" to both 4.a) and 4.b), please provide the following:
Names/compensation of 5 most highly compensated executives of the recipient of award
funds:
5. Internal Revenue Service (IRS) 501(c)(3) Determination Letter
VOCA funding requires that nonprofit organizations verify their nonprofit status by providing a copy of
their Internal Revenue Service (IRS) 501(c)(3) determination letter. A nonprofit organization is as
described in section 501 (c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation
under section 501(a) of that Code. See 42 U.S.0 § 13925(b)(1 6)(B).
Unless submitted previously, nonprofit organizations applying for funding must submit a copy
of Internal Revenue Service to OCVA with this application.
❑Letter is attached El Letter was submitted with previous application(s)
❑Not applicable (local government, Tribe)
6. Computer Networks
The applicant understands and agrees that it cannot use VOCA Grant funds to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging of
pornography.
7. Non -Supplanting Certification
The applicant understands and agrees that 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.
Page 2 of 13
8. ADA Requirement (FOR NON -TRIBAL GRANTEES ONLY)
Does the location where services are primarily provided comply with ADA requirements for
accessibility?. OYes 0 No
If no, please explain:
By signing this document below, the applicant certifies that that agency is qualified to receive the funds.
As the duly authorized representative of the applicant, I herby acknowledge that the applicant will comply
with the above requirements. This acknowledgement shall be treated as a material representation of fact
upon with the Department of Commerce, office of Crime victims Advocacy will rely if a grant is issued.
Signature
Typed Name and Title of Authorized Representative
Page 3 of 13
CIVIL RIGHTS CERTIFICATIONS
The applicant herby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, requirements, and any conditions of the recipient's grant. If a grant is made, the
grantee and subgrantees, if any, will be subject to statutory prohibitions on discrimination.
1. Discrimination on the Basis of National origin — Limited English Proficient (LEP) Individuals
To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of
the Civil Rights Act of 1964, applicants must take reasonable steps to ensure that persons with
Limited English Proficiency (LEP) have meaningful access to services and legal protections.
Meaningful access may entail providing language assistance services, including oral and written
translation, where necessary. Assistance in understanding grant recipient's obligations under the law
may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding
Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency
Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional
assistance regarding LEP obligations and information may be found at wvwv.lep.gov.
2. Federal Non -Discrimination Requirements
The applicant will comply with any applicable federal nondiscrimination 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 (42 U.S.C. § 10604(e));
• 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);
• 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).
The applicant shall further comply with federal law prohibiting grant recipients from retaliating against
individuals taking action or participating in action to secure rights protected by federal law.
3. Civil Rights Provision - Prohibition of Discrimination for Recipients of Federal Funds
The applicant assures compliance of all applicable nondiscrimination requirements of the Victims of
Crime Act. No person in any state shall, on the grounds of race, color, religion, national origin, sex,
age, or disability be excluded from participation in, be denied the benefits of, be subjected to
discrimination under, or denied employment in connection with any program or activity receiving
federal financial assistance, pursuant to the following statutes and regulations: Section 809(c),
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 37894, and
Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; Title
Vi of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, efi seq.; Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Subtitle A, Title II of the Americans with
Disabilities Act of 1990, 42 U.S.C. 12101, et seq. and Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and Part 39; Title IX of the Education Amendments of 1972, as
Page 4 of 13
amended, 20 U.S.C. 1681-1683; and the Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101, et seq.
4. Federal Civil Rights Training
Recipients of financial assistance from the Department of Justice, such as Victims of Crime Act
(VOLA) funds, either awarded directly or through another recipient, must comply with the federal
statutes and regulations that prohibit discrimination based on race, color, national origin, sex, religion,
age, and disability in VOCA-funded programs or activities.
As part of its training efforts, the Office for Civil Rights at the Office of Justice Programs has
developed an online civil rights training curriculum for recipients. This training, which consist of six
segments and accompanying self -tests, is designed to provide recipients with an overview of
applicable nondiscrimination laws and the general civil rights obligations that are tied to grants
awarded by the Department of Justice. The OCR offers this online version of its training program to
ensure that recipients who are unable to participate in an in-person training session can still receive
valuable technical assistance.
All six Civil Rights training programs are available at http://oip.gov/about/ocr/ocr-training-videos/video-
ocr-training.htm
The recipient must view the online training at least once every two years. By signing this certification,
the applicant acknowledges the viewing of OJP Civil Rights Non -Discrimination training.
5. Notification of Findings of Discrimination or Pion -Compliance
In the event a state or federal court or a state or federal administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, age,
disability, or sex against the Grantee or a program partner or participant receiving grant funds, the
Grantee will forward a copy of the finding to the U.S. Department of Justice, Office of Justice
Programs, Office of Civil Rights (OCR), and the Department of Commerce (COMMERCE).
The Grantee shall include a statement clearly stating whether or not the finding is related to any grant
activity supported with a grant in which U.S. Department of Justice funds are involved, and identify all
open grants utilizing U.S. Department of Justice funding by grant number and program title.
6. Equal Employment Opportunity Program (EEOP)
The Grantee will determine whether it is required to formulate an Equal Employment Opportunity
Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the Grantee is not required to
formulate an EEOP, it will submit a certificate form to the Washington State Department of Commerce
(COMMERCE) indicating that it is not required to develop an EEOP. If the Grantee is required to
develop an EEOP but not required to submit the EEOP to the OCR, the Grantee will submit a
certification to COMMERCE certifying that it has an EEOP on file which meets the applicable
requirements. If the Grantee is awarded a grant of $500,000 or more and has 50 or more employees,
it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit organizations, federally
recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP
requirement, but are required to submit a certification form to COMMERCE to claim the exemption.
Information about civil rights obligations of Grantees can be found at http://www.oin.usdoi.gov/ocr/.
Page 5 of 13
7. Grantee Duty to Ensure Subcontractor Compliance
The Grantee is required to ensure compliance with this requirement by any program partner or
participant receiving funding under this grant.
As the duly authorized representative of the grantee, I hereby certify that the Grantee will comply with
the above Civil Rights requirements specified in this Certification.
Name and Title of Person who completed OJP Civil Rights Non -Discrimination Training
Most Recent Date Online Training was completed
Recipients must view the online training at a minimum of every two years for the duration
VOCA funding is received.
Awl
Signature o AutAori d Official
New Hope
Name of Agency
Title of Authorized Official
Date
Page 6 of 13
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY
EXCLUSION
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are 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 prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
0
Name and Title of Authorized Representative
Signature
New Hope
Name of Organization
PO BOX 37 EPHRATA WA 98823-0037
Address of Organization
CXfIl-tc,
Date
Page 7 of 13
CERTIFICATION REGARDING DUNS AND COMPLIANCE IN REGISTERING
(Sub -Recipient)
I certify that New Hope has DUNS# 010202562.
And I agree to comply with registration in the System for Award Management (SAM).
Name and Title of Authorized Representative
Signature V Date
New Hope
Name of Organization
PO BOX 37 EPHRATA WA 98823-0037
Address of Organization
Page 3 of 13
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edition of this certification and disclosure form, if applicable, with
each submission that initiates agency consideration of such person for an award of a federal contract, grant,
or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who ,fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each
such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that;
A. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer of employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or any employee of a member of Congress, in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
B. If any non -Federal funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall initial here and complete and
submit "Disclosure of Lobbing Activities", in accordance with its instructions. OCVA will provide this
form, if needed.
C. The undersigned shall require that the language of this certification be included in the award documents
for all sub -awards at all tiers and that all sub -recipients shall certify and disclose accordingly.
Name and Title of Authorized Representative
Signature
New Hope
Name of Organization
PO BOX 37 EP H RATA WA 98823-0037
Address of Organization
7/25
Date
Page 9 of 13
REQUEST FOR VOLUNTEER REQUIREMENT WAIVER
Current VOLA program guidelines requires that grant recipients must use volunteers as a condition of
receiving funds unless the state administrator determines there is a compelling reason to waive this
requirement. A "compelling reason" may be a statutory or contractual provision concerning liability or
confidentiality of counselor/victim information, which bars using volunteers for certain positions, or the
inability to recruit and maintain volunteers after a sustained and aggressive effort.
If an applicant requests a waiver of the volunteer requirement, the section below must be completed
providing a compelling reason why the use of volunteers is not feasible for the agency.
I am requesting a waiver for the use of volunteers for my VOCA project/program.
E]Yes 7No
If you are requesting a volunteer waiver, provide detailed explanation for your request in the following
section. Waivers may only be requested in the following situations:
In the case of statutory or contractual provisions that prohibits the use of volunteers. Attach a copy
of the applicable statute or contract.
2. In the case of a lack of volunteers. If you list this as a reason for the waiver request, you must
document the efforts made to recruit volunteers.
Our agency is requesting a waiver for the following reason/s:
Page 10 of 13
VOLUNTEER JOB DESCRIPTIONS
Submit a job description for each volunteer whose time is being used as match or to meet the volunteer
requirement. if job descriptions are identical for each volunteer, you may provide one job description for
multiple volunteers, but please provide an indication of the names of the volunteers to whom the description
applies.
Programs must submit job descriptions documenting that volunteers whose time is being used as match
or to meet the volunteer requirement are providing activities that are allowable per VOCA Rule. if your
program's job descriptions include ineligible activities such as prevention, fundraising, lobbying,
or serving in board functions, please document that these activities are not used to provide match
or to meet the volunteer requirement.
Name of volunteer:
Job description submitted:
❑
Name of volunteer:
Job description submitted:
❑
Name of volunteer:
Job description submitted:
❑
Name of volunteer:
Job description submitted:
❑
Name of volunteer:
Job description submitted:
❑
Name of volunteer:
Job description submitted:
❑
Name of volunteer:
Job description submitted:
❑
Name of volunteer:
Job description submitted:
❑
Page 11 of 13
SUPERVISOR AND STAFF JOB DESCRIPTIONS
Submit a job description for each supervisor and staff funded by this grant. In most cases, this includes all
supervisor/staff listed on the `salaries' page of your budget. Clearly indicate the name of supervisor/staff
on each job description. Even if job descriptions are identical for each staff, please provide a separate
form for each as job descriptions must be specific to the individual.
Programs must submit job descriptions documenting that staff funded under this grant is providing
activities that are allowable per VOCA Rule. If your program's job descriptions include ineligible
activities such as fundraising, or lobbying, please document that these activities are not funded
through this grant. For example, if job description includes fundraising activities, include a statement
such as "staff is funded .80 FTE under this grant; fundraising activities are not included in FTE
reimbursed through this grant."
Name of supervisor/staff:
Name of supervisor/staff:
Name of supervisor/staff:
Name of supervisor/staff-
Name of supervisor/staff:
Name of supervisor/staff:
Name of supervisor/staff:
Job description submitted: ❑
Job description submitted: ❑
Job description submitted: ❑
Job description submitted: ❑
Job description submitted: ❑
Job description submitted: ❑
Job description submitted: ❑
Page 12 of 13
AGENCY INFORMATION AND SUBGRANT AWARD REPORT
Complete the information below. The information will be used by OCVA to complete the federal Subgrant
Award Report (SAR) which collects basic information on subgrant recipients and program activities that
will be implemented with VOCA plus match funds.
1. Organization Name: New Hope
2. VOCA Crime Victim Assistance Funds Awarded :$164467.00
3. Sub -Grant Number (number assigned to your grantor contract): 20-31310-165
4. Budget and Staffing
Indicate below the requested information based on the subgrantee's current fiscal year. Report the
total budget available to the victim services program, by source of funding. Do not report the entire
agency budget, unless the entire budget is devoted to victim services programs. For example, if
VOCA funds are awarded to support a victim advocate unit in a prosecutor's office, only report the
budget for the victim advocate unit,
Information Requested
Response
Explanation (as required)
A. Total budget for all
victimization programs and
$0.00
The amount reported is for the
current fiscal year.
services.
B. Annual funding amounts
State Funds:
Identify by source the amount of
allocated to all victimization
$0.00
funds allocated to the victimization
programs and/or services for
programs and/or services budget
the current fiscal year.
Local funds:
of your agency.
$0.00
Other federal funds:
.$0.00
Other non-federal:
$0.00
C. Number of FTE paid staff for
Total number of paid full-time
all victimization programs
0
equivalent (FTE) staff for the
and/or services.
current fiscal year. (1 FTE = 2080
hours/year).
D. Number of FTE paid staff
Total number of VOCA-funded
funded through this VOCA
0
staff by FTE for current fiscal year.
award (plus match) for
(1 FTE = 2080 hours/year) for this
agency's victimization
grant.
programs and/or services.
E. Number of volunteer staff
Total number of volunteers
supporting the work of this
0
supporting the work of this grant.
VOCA award (plus match) for
subgrantee's victimization
programs and/or services
F. Number of volunteer hours
Total count of hours to be worked
support the work of this
0
by all volunteers supporting the
VOCA award (plus match) for
work of this VOCA award plus
agency's victimization
match.
programs and/or services
Page 13 of 13