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HomeMy WebLinkAboutAgreements/Contracts - JuvenileGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Juvenile Court & Youth Services DATE: 07/16/2024 REQUEST SUBMITTED BY. Suhail Palacios CONTACT PERSON ATTENDING ROUNDTABLE. SUilall PaIBCIOS CONFIDENTIAL INFORMATION: EIYES ® NO PHONE: 509-754-5690 Ext. 4430 M - --- ---------- RAgreement /Contract 7AP Vouchers D Bids / RFPs /Quotes Award E]Bid Opening Scheduled ElAppointment / Reappointment F-] Boards /Committees DARPA Relate- d----! ElComputer Related D County Code 7 Emergency Purchase 0 Budget 7 Employee Rel. ❑Facilities Related 7 Financial El Funds 7 Hearing EI Invoices /Purchase Orders OGrants —Fed/State/County [-]Leases EIMOA / MOU E]Minutes El Ordinances El Out of State Travel El Petty Cash El Policies 7 Proclamations El Request for Purchase 11 Resolution 0 Recommendation El Professional Serv/Consultant 7 Support Letter E]Surplus Req. 7Tax Levies E]Thank You's DTax Title Property [:IWSLCB I am requesting permission to Docu-Sign electronically with contractor for Grant OCVA -VCAN Contract # F22-31219-407 to provide services to Victims Of child abuse and neglect. Term of the Contract: July 1st, 2024 to June 30th, 2026. If necessary, was this document reviewed by accounting? ❑El YES W NO If necessary, was this document reviewed by legal? 0 YES El NO --.-I DATE OF ACTION:—�/-�23 eZ APPROVE: DENIED ABSTAIN D1: IVY— D3: 4/8/24 DEFERRED OR CONTINUED TO: JUL i 6 20'l4 r.,RAMT COUNTY cOMMISSIONERS Department of Commerce, Office of Crime Victims Advocacy Victims of Child Abuse and Neglect (VCAN) Gran#F-22-31219-407 ATTEST: Pra-J---�-Va—squez Clerk of the Board Approved as to form: Rebekah Ka or, WSBA #53257 Civil Deputy Prosecuting Attorney Date: — - -, /. Aa act eRANT COUNTY JUVENILE COURT & 'YOUTti SERACES P.O.- Box 8, 18 f 303 Abel Road,, E*ata, WA 98,823 phone (509) 754-56901 eFax 1-509- 754-5797 July 16, 2024 Board of Grant County Commissioners PO Box 37 Ephrata,, WA 98823 RE: Signature for Contract #F22-31219-407 Dear Board of County Commissioners: Please see attached contract for review and approval. Contractor: Department of Commerce, Office of Crime Victims Advocacy — VCAN SFY 2025-2026 Term of Contract:07/01/2024 to 06/30/2026 Purpose: To provide services to victims of child abuse and neglect. I am requesting permission to Docu-Sign electronically with the contractor. Thank you for considering my request. Suhail Palacios, Juvenile Court Administrator Grant County Juvenile Court & Youth Services ea oat0 0 w-vd� to dmw om 4 w&e4fft la4&m;aw aidI arta #&ZW d"9e dd&1"41 doeadwel at -lea - V"a aela fft=. Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB Federal General Grant with Grant County Juvenile Court through Office of Crime Victims Advocacy Community Services Division Grant* Number: F22-31219-407 Victims of Child Abuse and Neglect (VCAN) SFY 2025-2026 Dated: 07/01/2024 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB, , "", , "' + ,­`-" ,-nmerc � Table of Contents TABLEOF CONTENTS .e..••.............•...........•e..............•s.............•..o..........•s....o...........................••...e.........................• 2 FACESHEET............................................................................................................................................................ 5 SPECIALTERMS AND CONDITIONS...................................a...............•e...•.......•e...•e..................••......e...............e......• 6 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................6 2. ALL SUBAWARDS ("SUBGRANTS") MUST HAVE SPECIFIC FEDERAL AUTHORIZATION....................................6 3. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS................................................................................6 4. BILLING PROCEDURES AND PAYMENT.............................................................................................................7 5. COMPENSATION..............................................................................................................................................8 6. COMPLIANCE WITH 41 U.S.C. 4712 (INCLUDING PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES) ..... 8 7. COMPLIANCE WITH APPLICABLE RULES REGARDING APPROVAL, PLANNING, AND REPORTING OF CONFERENCES, MEETINGS, TRAININGS, AND OTHER EVENTS.................................................................................9 8. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE......................................................................................9 9. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28' C. F. R. PART 38.........................................................................................................................................................:.9 10. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C. F. R. PART 42 11. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C. F. R. PART 54...........................................................................................................................................................9 12. COMPLIANCE WITH GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS (FY 2021) 13. COMPUTER NETWORKS.....................................................................................................................:..........10 14. DETERMINATION OF SUITABILITY TO,INTERACT WITH PARTICIPATING MINORS.........................................10 15. DISCRIMINATION FINDINGS..........................................................................................................................10 16. EFFECT OF FAILURE TO ADDRESS AUDIT ISSUES...........................................................................................10 17. EMPLOYMENT ELIGIBILITY VERIFICATION FOR HIRING UNDER THE AWARD ....................... 18. ENCOURAGEMENT OF POLICIES TO BAN TEXT MESSAGING WHILE DRIVING .................... ...12 ....................... 19. EXAMINATION OF RECORDS.........................................................................................................................12 20. FFATA REPORTING: SUBAWARDS AND EXECUTIVE COMPENSATION..............:............................................12 21. FRAUD AND OTHER LOSS REPORTING...........................................................................................................12 22. GRANT MANAGEMENT..................................................................................................................................13 23. GRANT MODIFICATION................................................................................................................:.................13 24. INSURANCE ....................................................................................................................................................13 25. "METHODS OF ADMINISTRATION" - MONITORING COMPLIANCE WITH CIVIL RIGHTS LAWS AND NONDISCRIMINATION PROVISIONS........................................................................................................................14 26. MONITORING....................................................................................................... 27. NATIONAL VOCA TRAINING...........................................................................................................................15 28. NON -SUPPLANTING CERTIFICATION.............................................................................................................15 29. OJP TRAINING GUIDING PRINCIPLES.............................................................................................................15 30. POTENTIAL IMPOSITION OF ADDITIONAL REQUIREMENTS..........................................................................15 31. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS: REQUIREMENT TO REPORT INFORMATION ON CERTAIN CIVIL, CRIMINAL, AND ADMINISTRATIVE PROCEEDINGS TO SAM AND FAPIIS.................:......................15 32. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO ANEW TITLE 34 OF THE UNITED STATES CODE.......................................................................................................................................................................16 33. REPORTING....................................................................................................................................................16 34. REQUIREMENT FOR DATA ON PERFORMANCE AND EFFECTIVENESS UNDER THE AWARD .......................... 16 Page 2136 000uaignEnvelope ID: 1 F38572eFB 35. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR MATERIALLY FALSE STATEMENTS........................................................................................................................................................... — 7 36 REQUIREMENTS (|mCLUD|NGREPORTING REQUIREMENTS AND [UPAUTHORITY TDTERMINATE AWARD) ........................ ............ l7 37. REQUIRED TRAINING FOR POINT OFCONTACT AND ALL FINANCIAL POINTS OF CONTACT -----'----18 38. REQUIREMENTS RELATED TO"DE PN/N|N1IS"INDIRECT COST RATE .............................................................. lO 39. REQUIREMENTS RELATED TO SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS.................................................................................... ---------------------.l8 40. REQUIREMENT TO DISCLOSE WHETHER RECIPIENT IS DESIGNATED "HIGH RISK" BY A FEDERAL GRANT- MAKINGAGENCYOUTS0EOFD[U---------____—__________________________ 41. REQU/REyNENTToREPORT ACTUAL OR|yNpN|NENTBREACH OFPERSONA�Y|DEN�F|A8LEINFORMATION � (pU) ------------- ------------------------------------------.19 4 2. REQUIREMENT TOREPORT POTENTIALLY DUPLICATIVE FUNDING ............. —....... ......... ----......... lg 43. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED MATTERS............................................................ ---------------------------------'19 44. RESTRICTIONS Om"LOBBYING .................... --____________________,__^_______.. 45. SPECIFIC POST -AWARD APPROVAL REQUIRED 0USE ANONCOMPETITIVE APPROACH |mANY PROCUREMENT CONTRACT THAT WOULD EXCEED $250,000 ________________________--.:l1 4a SUa�nAmTAVv�RoR�POmT�AR-------------------------------------�z 47. SUBGRANTEE/SUBCONTRACTOR DATA COLLsCTOm ' ------------'',--------------.2l 48. VOcAFUNDS....... ............................... ----------------------------------..2l 49. VOCAREQUIREMENTS .................................... ______21 _________________________ 50. ORDER OFPRECEDENCE ------------_—___ ........ GENERAL TERMS AND CONOnDONS.,.......... ................................. ......................... ��... ..0 ...'''''..........' 23 z. DEFINITIONS ............................................................................................................ ------------.. 23 2. ACCESS TODATA .................................. ---------------------------------' .23 3. ADVANCE PAYMENTS PROHIBITED ................................................................................................................ 4. ALL WRITINGS CONTAINED HEREIN .............. ....... .... _ 24 5. AMENDMENTS ........... -------------------------------------------'. 24 6. AMERICANS WITH o|SAB/LITIESACT (ADA)OF 1990,PUBLIC LAW 101-336, ALSO REFsRREoTOASTHs"'ADA"; 28 CFRPART 35 ---------------------~-----------------------------'' 7 ASSIGNMENT .............................. ���.24 kL ATTORNEY� FEES ---.. �����������������������������������������.... 24 g. AUDIT -------_—. ------------------------------------------'24 10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION- PRIMARYAND LOWER TIER COVERED TRANSACTIONS -------------.----------------..24 11. CON F|oENTIALTY/SAFE�UARD|N�DF|NnOR�ATON _ . .................................................... ............................ 2S zz. CONFLICT OF INTEREST............................ ---------------------------------JG zs. COPYRIGHT PROVISIONS ................................................... ............... .... ......... .............................. ........... 026 14. DISPUTES .............................................................................................. ............ ........ .................................... 27 15. DUPLICATE PAYMENT ................................................................... ---------------------.. 27 16' GOVERN |NGLAW ANoVEmUE...................................................................................................................... zzINDEMNIFICATION ................. ........................ .......... .................................................................................. 28 18. INDEPENDENT CAPACITY --------------------------------..2O zs. INDIRECT COSTS ......................... .................... ....................................................... ...................................... O Dl INDUSTRIAL INSURANCE COVERAGE ------------------------------------. 28 21. LAVVS----------. -----------------------------------------''. 28 Pages|se Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB 22. LICENSING, ACCREDITATION AND REGISTRATION.........................................................................................28 23. LIMITATION OF AUTHORITY..........................................................................................................................28 24. NONDISCRIMINATION...................................................................................................................................29 25. PAY EQUITY....................................................................................................................................................29 26. POLITICAL ACTIVITIES....................................................................................................................................30 27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS............................................................30 28. PUBLICITY......................................................................................................................................................31 29. RECAPTURE....................................................................................................................................................31 30. RECORDS MAINTENANCE..............................................................................................................................31 31. REGISTRATION WITH DEPARTMENT OF REVENUE.........................................................................................31 32. RIGHT OF INSPECTION...................................................................................................................................31 33. SAVINGS........................................................................................................................................................32 34. SEVERABILITY.................................................................................................................................................32 35. SITE SECURITY................................................................................................................................................32 36. SUBGRANTING...............................................................................................................................................32 37. SURVIVAL.......................................................................................................................................................32 38. TAXES., ....................................... o ......................................... ...... 32 AXES.........................................................................................32 39. TERMINATION FOR CAUSE.............................................................................................................................32 40. TERMINATION FOR CONVENIENCE................................................................................................................33 41. TERMINATION PROCEDURES.........................................................................................................................33 42. TREATMENT OF ASSETS.....:...........................................................................................................................34 43. WAIVER.........................................................................................................................................................34 ATTACHMENTA: SCOPE OF WORK....................................................................................................................... 35 ATTACHMENTB: BUDGET.................................................................................................................................... 36 ATTACHMENT C: FEDERAL FUNDS CHECKLIST...................................................................................................... 37 ATTACHMENT D: VOCA RULE.............................................................................. AVAILABLE ONLINE LINKED HERE Page 436 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB 40 *14�;f- °raa,,nt #,. Special Terms and Conditions 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: 8/25/22 Federal Award Identification Number (FAIN): 15POVC-22-GG-00686-ASSI Federal Awarding Agency: Department of Justice, Office of Justice Programs, Office for Victims of Crime Total amount of the federal award: $32,966,344 Awarding official: Michael Fong, Director (360) 725-4021 Federal amount obligated by this action: $100000.00 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.15POVC-22-GG=00686-ASSI awarded by Office for Victims of Crime, US Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Office for Victims of Crime US Department of Justice. Grant funds are administered by the Office of Crime Victims Advocacy ' Washington State Department of Commerce." Y' In the event a correction is required to the Acknowledgement of Federal Funding, an administrative change will be processed. A change to the Acknowledgement of Federal Funding will not affect your budget or scope of work and notice will be provided. This subaward may not be used for research and development purposes. 2. ALL SUDAWARDS "SUBGRANTS°' MUST HAVE SPECIFIC FEDERAL AUTHORIZATION As applicable. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement.for authorization of any subaward are posted on the OJP web site at https-//oig.qov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 3. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award numberpY (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 2021 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:Hoip.gov/funding/Part200UniformRQ_quirements.htm. Page 6136 Docusign Envelope ID: 2BA8D80A-B6B0-432A-92F0-B91 F38572EFB Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quarterly, but not more often than monthly. The Grantee shall submit all requests for reimbursement via the Commerce Contracts Management System (CMS) which is available through the Secure Access Washington (SAW) portal. The invoice shall include the Contract Number F22-31219-407. If required, the attachments to the invoice request in the Commerce Contract Management System shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Grantee must invoice for all expenses from the beginning of the Grant through June 30, regardless of the Grant start and end date. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees/subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). Page 7136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB 5. COMPENSATION COMMERCE shall pay an amount not to exceed $100,000.00 for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment B — Budget. The Grantee shall provide a non-federal match for the Victims of Crime Act portion of this Grant. The total match to be provided shall be at least the amount on Attachment B - Budget. All funds designated as match are restricted to the same uses as VOLA federal funds. Match funds may be expended in a greater proportion to grant funds, however, all match funds must be expended prior to the close of this Grant. Expenditures of match funds must be identified on the invoice voucher form. Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Payment will be on a reimbursement basis only. Consultant fees may not exceed $650 per day or $81.25 per hour for the Victims of Crime Act portion of this Grant (excluding travel and subsistence costs). Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current travel rates may be accessed at: https://ofm.wa.gov/sites/default/files/public/resources/travel/colormappdf The Grantee agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs Financial Guide, which can be found at https://oip.gov/financialquide/doi/pdfs/DOJ FinancialGuide pdf. Funds payable under this Grant include federal Victims of Crime Act (VOCA) victim assistance grant funds (CFDA Number 16.575). In performance of the services, requirements, and activities set forth herein, the Grantee shall comply with all applicable federal requirements of the Victims of Crime Act Rule https://www.federairegister.gov/documents/2016/07/08/2016-16085/victims-of-crime-ac_t-victim- assistance-program . 6. COMPLIANCE WITH 41 U.S.C. 4712 (INCLUDING PROHIBITIONS ON REPRISALS NOTICE TO EMPLOYEES) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the Grantee shall contact COMMERCE; COMMERCE is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Page 8136 Docusign Envelope ID: 2BA81DWA-136130-432A-92F0-1391 F38572EFB n " .ommerce 7. COMPLIANCE WITH APPLICABLE RULES REGARDING APPROVAL, PLANNING. AND REPORTING OF CONFERENCES, MEETINGS, EVENTS TRAININGS, AND OTHER The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 8. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://olp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 9. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION .28 C.F.R. PART 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations, The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.goV/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 10. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C.F.R. PART 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 11. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C.F.R. PART 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part. 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Page 9136 Docusign Envelope ID: 213MID80A-136130-432A-92170-1391 F38572EFB ;40 Co"hinierev, 12. COMPLIANCE WITH GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS (FY 2021) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable re , strictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at ps://oip-ciov/fundinq/Explore/FY21AppropriationsRestrictions.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 OJP for guidance, and may not proceed without the express prior written approval of OJP. 13. 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. 14. DETERMINATION OF SUITABILITY TO INTERACT WITH PARTICIPATING MINORS SCOPE. This condition applies to this award if it is indicated -- in the application for the award(as approved by DOJ) or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a -purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any'tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://oip.qov/fundiag/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 15. DISCRIMINATION FINDINGS The recipient assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, COMMERCE will forward a copy of the findings to the Office for Civil Rights of OJP. 16. EFFECT OF FAILURE TO ADDRESS AUDIT ISSUES The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) and COMMERCE may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 17. EMPLOYMENT ELIGIBILITY VERIFICATION FOR HIRING UNDER THE AWARD 1. The recipient (and any subrecipient at any tier) must a. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). Page 10 136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB db - b. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both i. this award requirement for verification of employment eligibility, and ii, the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. c. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). d. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring a. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs a. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction a. Staff involved in the hiring process - For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. b. Employment eligibility confirmation with E -Verify - For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e- verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. d. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. e. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E - Verify website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer agents can email E -Verify at E-VerifyEmployerAoent(a-).dhs.gov. Questions about the meaning or scope of this condition should be directed to COMMERCE, before award acceptance. 18. ENCOURAGEMENT OF POLICIES TO BAN TEXT MESSAGING WHILE DRIVING Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving, 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ( subgrantees) to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace Page 11136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers 19. EXAMINATION OF RECORDS The Grantee authorizes Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper or documents related to the VOCA grant. The State will further ensure that all VOCA subgrantees will authorize representatives of OVC and OCFO access to and the right to examine all records, books, paper or documents related to the VOCA grant. 20. FFATA REPORTING: SUEAWARDS AND EXECUTIVE COMPENSATION As applicable. COMMERCE must comply with applicable requirements to report first-tier subawards ( subgrants) of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https:Hoip.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). COMMERCE submits FFATA information on behalf of all Grantees. 21. FRAUD AND OTHER LOSS REPORTING Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. Reporting potential fraud, waste, and abuse, and similar misconduct: The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by --(1) online submission accessible via the OIG webpage at https:Hoig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig:iustice.gov/hotline. 22. 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. Page 12136 Docusign Envelope ID: 2BA81D80A-13660-432A-92F0-1391 F38572EFB \\ f 3yy�.i " 410 ('011111ACTICe The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 23. 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 24. 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, or agents of either, while performing under the terms of this Grant. Failure to maintain the required insurance coverage may result in termination of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall provide COMMERCE thirty (30) calendar days' advance notice of any insurance cancellation; non -renewal or modification The Grantee shall submit,a certificate of insurance to COMMERCE which outlines the coverage and limits defined in this insurance section within fifteen (15) calendar days of a written request by COMMERCE. The certifications shall. show the Insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days' advance written notice of cancellation. During the term of this Contract, if requested, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. DO NOT send insurance certificates to COMMERCE unless requested by COMMERCE. Any certificates received by mail will be returned to sender unless the certificate identifies the contract number, contract manager name, and/or program name to which it applies. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including Contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Page 13136 Docusign Envelope ID: 2BA8D80A-B6B0-432A-92F0-B91 F38572EFB X40., 'm , r e Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under Grant to the Grantee. The state of Washington, its, agents, officers, and employees need not be named as additional insureds under this policy. Grantees that Participate in a Self -Insurance Program Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from COMMERCE, the Grantee may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Grantees participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Grantee shall provide annually to COMMERCE a summary of coverage and a letter of self- insurance, evidencing continued coverage under Grantee's self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self-insurance will be provided on the anniversary of the start date of this Grant. lr pii � •r �4�11 % "I M TM RIGHTS LAWS AND NONDISCRIMINATION PROVISIONS COMMERCE's monitoring responsibilities include monitoring of .subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, COMMERCE must submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review. The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site atttps:Hgip.gov/fundinc (Award , condition: Methods of Administration" - Requirements applicable to States (FY 2017 Update), and are incorporated by reference here. 26. MONITORING The recipient agrees to promptly provide, upon request, financial or programmatic -related documentation related to this award, including documentation of expenditures and achievements. The recipient understands that it will be subject to additional financial and programmatic in-depth or on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. The recipient agrees to develop or maintain effective internal controls to manage federal awards (see 2 C.F.R. 200.303) and effective financial management policies and procedures to manage federal awards (see 2 C.F.R. 200.302). Page 14136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0=1391 F38572EFB 27. NATIONAL VOCA TRAINING As applicable. The recipient agrees to ensure that at least one key grantee official attends the annual VOCA National Training Conference. Any recipient unable to attend must get prior approval by OVC in writing. COMMERCE attends this training to meet this federal requirement; Grantees should not plan to attend the training event, attendance is not eligible. 28. NON -SUPPLANTING CERTIFICATION No VOCA Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. VOCA Grant funds will be used to increase the total amount of funds used for crime victim assistance. Violation of the non -supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 29'. OJP TRAINING GUIDING PRINCIPLES Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://oip.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm . 30. POTENTIAL IMPOSITION OF ADDITIONAL REQUIREMENTS As applicable. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list. DOJ monitors and evaluates risk for COMMERCE, and COMMERCE monitors and evaluates risk for Grantees. Grantee agrees to comply with any additional requirements that may be imposed if COMMERCE has designated the Grantee as "high risk" via risk assessment and monitoring procedures. 31. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS: REQUIREMENT TO REPORT INFORMATION ON CERTAIN CIVIL, CRIMINAL, AND ADMINISTRATIVE PROCEEDINGS TO SAM AND FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https:Hoip.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 32. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE UNITED STATES CODE Page 15136 Docusign Envelope ID: 213A8D80A-136130-432A-92F0-1391 F38572EFB As applicable. On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 33. REPORTING Grantees must collect and maintain data that measure the performance and effectiveness of work done under this grant. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of Victims of Child Abuse and Neglect (VCAN) SFY 2025-2026 services. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. The Grantee shall submit non -personally identifying demographic, service and compliance data required by state funding sources in the InfoNet data collection system. The Grantee shall maintain documentation and records that support the data reported in InfoNet. The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site. Procedures shall include: Only authorized staff are provided access to the InfoNet data and files; Staff are informed of the need for security and confidentiality of data and files maintained in or available through the InfoNet system; and That the Grantee shall notify the Department Program Coordinator for this grant when an employee is no -longer authorized to access the InfoNet system. This information on the activities supported by the grant funding will assist in assessing the effects that the VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. Additional narrative reports may be required. See the Application for Funding and/or Reporting Instructions provided for further details. 34. REQUIREMENT FOR DATA ON PERFORMANCE AND EFFECTIVENESS UNDER THE AWARD The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and.the GPRA Modernization Act of 2010, and other applicable laws. Grantees report data to their COMMERCE grant manager at jenna.osterman@commerce.wa.gov. See "Reporting" Special Term and Condition. COMMERCE will report this data to OJP. 35. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR MATERIALLY FALSE STATEMENTS Page 16136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB ee FF �`Y y' Yti' R The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices- AwardRegts.htm), and .incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or - unenforceable, such provision shall be deemed severable from this award. 36. REQUIREMENTS PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PERSONS (INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE AWARD) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://oip.gov/funding/Explore/ProhibitedConduct-Traffickinq.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 37. REQUIRED TRAINING FOR POINT OF CONTACT AND ALL FINANCIAL POINTS OF CONTACT As applicable. The State Administering Agency (COMMERCE) fulfills the requirements in this section. Grantees should not anticipate completing the OJP financial management and grant administration training. Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. Page 17136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee, Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2019, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 38. REQUIREMENTS RELATED TO "DE MINIMIS" INDIRECT COST RATE As applicable. A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Recipient requirement to notify OJP is for COMMERCE. Grantees must work with their COMMERCE grant manager regarding requirements related to "de minimis" indirect cost rate. 39. REQUIREMENTS RELATED TO SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS COMMERCE must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. COMMERCE also must comply with applicable restrictions on subawards ("subgran.ts") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:Hoip.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 40. REQUIREMENT TO DISCLOSE WHETHER RECIPIENT IS DESIGNATED "HIGH RISK" BY A FEDERAL GRANT -MAKING AGENCY OUTSIDE OF DOJ As applicable. If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReportinq@oip.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high- risk status, as set out by the federal awarding agency. Page 18136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB 4.1 40 coninlel Cle 41. REQUIREMENT TO REPORT ACTUAL OR IMMINENT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION (P11)_ The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures. must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. Grantees reports this information to COMMERCE, COMMERCE reports to OJP. 42. REQUIREMENT TO REPORT POTENTIALLY DUPLICATIVE FUNDING As applicable. If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly contact their COMMERCE grant manager at jenna.osterman@commerce.wa.gov. COMMERCE must notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget - modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 43. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED MATTERS No,recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene. requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified, that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that 1. it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements Page 19136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB � r1 t 40 olnnle c from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 2. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 44. RESTRICTIONS ON "LOBBYING" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, .at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Grantee (or Subgrantee) would or might fall within the scope of these prohibitions, the Grantee is to contact COMMERCE for guidance, and may not proceed without the express prior written approval of COMMERCE. 45. SPECIFIC POST -AWARD APPROVAL REQUIRED TO USE A NONCOMPETITIVE APPROACH IN ANY PROCUREMENT CONTRACT THAT WOULD EXCEED $250,000 As applicable. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https:Hoip.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post - award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 46. SUBGRANT AWARD REPORT (SAIR) The recipient must submit a Subgrant Award Report (SAR) to OVC for each subrecipient of the VOCA victim assistance funds, within ninety (90) days of awarding funds to the subrecipient. Recipients must submit this information through the automated system. Grantees submit this information to COMMERCE, who then submits this information to OVC. Page 20136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB Y14 .; n iercv 47. SUBGRANTEE/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 subgrantees/subcontractors and the portion of Grant funds expended for work performed by subgrantees/subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subgrantees/subcontractors. "Subgrantees/subcontractors" shall mean subgrantees of any tier. 48. VOCA FUNDS As applicable. The Victims of Crime Act (VOLA) of 1984 states that VOCA funds are available during the federal fiscal year of the award, plus the following three fiscal years. At the end of this period, VOCA funds will be deobligated. OVC has no discretion to permit extensions beyond the statutory period. (E.g., VOCA funds awarded in FY 2017, are available until the end of FY 2020). COMMERCE manages this funding period requirement, Grantees must adhere to the grant period on the Grant Face Sheet. . 49. VOCA REQUIREMENTS As applicable. COMMERCE assures that the State and its subrecipients will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(x)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State certifies that funds under this award will: a. be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b. not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(x)(2), or for administering the state victim assistance program, 34 U.S.C. 20110(h); and c. be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34 U.S.C..20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. 50. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget • Attachment C — Federal Funds Checklist • Attachment D — VOCA Rule • Victims of Child Abuse and Neglect (VCAN) SFY 2025-2026 Application for Funding as submitted and approved by COMMERCE Page 21136 Docusign Envelope ID: 2BA8D80A-136130-432A-92F0-1391 F38572EFB �..9f General Terms and Conditions 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" or "Department" shall mean the Washington Department of Commerce. C. "Grant" or "Agreement" or "Contract" means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Modified Total Direct Costs" (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. F. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). G. "State" shall mean the state of Washington. H. "Subaward" shall .mean an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. "Subrecipient" shall mean a non -Federal entity that receives a subaward from a pass- through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. J. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "subgrantee" and "subcontractor" means any tier. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, Page 22136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB COHIMCITV conclusions, and recommendations of the Grantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs. If the Grantee expends $750,000 or more in federal awards as a Subrecipient from any and all sources in a fiscal year, the Grantee shall procure and pay for a single audit or a program -specific audit for that fiscal year in accordance with 2 CFR 200 Subpart F. In accordance with 2 CFR 200.501(h), for-profit Subrecipients expending $750,000 or more in federal awards in a fiscal year are also required to procure and pay for a single audit or program -specific audit for that fiscal year. Upon completion of each audit: A. If non-profit, Grantee shall submit all audit documentation to the Federal Audit Clearinghouse. B. If for-profit, Grantee shall submit all audit documentation to COMMERCE. If the Grantee expends less than $750,000 in federal awards as a Subrecipient from any and all sources in a fiscal year, whether non-profit or for-profit, the Grantee shall notify COMMERCE they did not meet the audit requirement threshold within 30 calendar days of the end of that fiscal year. 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 they: L Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Page 23136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. 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 iv. 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. E. 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 i. 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. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such Grantee 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: i. All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and iii. All Personal Information in the possession of the Grantee that may not be disclosed under state or federal law. B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent Page 24136 Docusign Envelope ID: 213AMWA-136130-432A-92F0-1391 F38572EFB S1 ? I <<. i yet .Y c 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 require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within twenty-four hours of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 12. CONFLICT OF INTEREST Grantee must maintain and comply with written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. Grantee must comply with the following minimum requirements: No employee, officer, or agent may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the Grantee may neither solicit nor accept gratuities, favors, or anything of monetary value from Grantees or parties to subcontracts and must comply with RCW 39.26.020. However, Grantee may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Grantee. If the Grantee has a parent, affiliate, or subsidiary organization that is not a state, local government, or federally recognized tribe, the Grantee must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest • means that because of relationships with a parent company, affiliate,, or subsidiary organization, the Grantee is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and 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. Page 25136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB ri•r ## a pp 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 requester within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this. dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 15. DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of Washington or any other party under any other Grant 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, 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, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee or its employees. The Grantee's obligation shall not include such claims that may be caused by the sole negligence of the State and its .agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the Grantee, Page 26136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB U'z Commerce its subgrantees, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or its subgrantees, agents, or employees. Grantee waives its immunity under Title 51 RCW, Industrial Insurance, to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent Grantee relationship will be created by this Grant. The Grantee and its employees or agents performing under this Grant are not employees or agents of the state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 19. INDIRECT COSTS The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis indirect cost rate of not more than 10% of Modified Total Direct Costs (MTDC) may be used. 20. INDUSTRIAL INSURANCE COVERAGE Grantee shall comply with all applicable provisions of Title 51 RCW. 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 Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to Grantee by COMMERCE under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 21. LAWS Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 22. LICENSING, ACCREDITATION AND REGISTRATION Grantee shall comply with all applicable local, state; and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. 23. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by the Authorized Representative. 24. NONDISCRIMINATION A. Nondiscrimination Requirement. During the performance of this Agreement, the GRANTEE, including any subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations and policies, this shall include but not be limited to the following: GRANTEE, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, GRANTEE, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which GRANTEE, or subcontractor, has a collective bargaining or other agreement. Page 27136 Docusign Envelope ID: 2BA8D$OA-B6BO-432A-92F0-B91 F38572EFB The funds provided under this Agreement shall not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this Agreement. B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that GRANTEE, including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend GRANTEE, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until COMMERCE receives notification that GRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the event GRANTEE, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and GRANTEE, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. GRANTEE or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement termination or suspension for engaging in discrimination, GRANTEE, subcontractor, or both, shall be liable for contract 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 , which damages are distinct from any penalties imposed under Chapter 49.60, RCW. GRANTEE may also be required to repay grant funds pursuant to Section 29 (Recapture) of the General Terms & Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement. COMMERCE shall have the right to deduct from any monies due to GRANTEE or subcontractor, or that thereafter become due, an amount for damages GRANTEE or subcontractor will owe COMMERCE for default under this provision. 25. PAY EQUITY The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: A. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: A seniority system; a 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 levels. i'i. 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. iii. 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. Page 28136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB This Grant may be terminated by the Department, if the Department or the Department of Enterprise Services determines that the Grantee is not in compliance with this provision. 26. POLITICAL ACTIVITIES Political activity of Grantee's employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS All Grantees must establish procurement policies and procedures 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 Grants using federal funds. B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. C. Minimum procedural requirements, as follows: L Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. ii. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. iii. Positive efforts shall be made to use small and minority-owned businesses. iv. 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. v. Grants shall be made only with reasonable subgrantees who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. vi. Some form of price or cost analysis should be performed in connection with every procurement action. vii. Procurement records and files for purchases shall include all of the following: 1) Grantee selection or rejection. 2) The basis for the cost or price. 3) Justification for lack of competitive bids if offers are not obtained. viii. A system for Grant administration to ensure Grantee conformance with terms, conditions and specifications of this Grant, and to ensure adequate and timely follow- up of all purchases. D. Grantee and Subgrantee must receive prior approval from COMMERCE for using funds from this Grant to enter into a sole source Grant or a Grant 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 Grants and any related procurement documents and justification for non-competitive procurement, if applicable. 28. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. Page 29136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB 29. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 30. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures 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. (2. RIGHT OF O 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 business 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 subgrantees shall conform in all respects with physical, fire or other security policies or regulations. 36. SUBGRANTING The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written approval of COMMERCE. Page 30136 Docusign Envelope ID: 2BA8D80A-B6B0-432A-92F0-B91 F38572EFB If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to subgranting, as well as copies of all subgrants and records related to subgrants. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subgranting procedures as they relate to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or (c) require the Grantee to rescind or amend a subgrant. Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the subgrant. 37. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 38. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 39. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are .not exclusive and are, in addition to any other rights and remedies, provided by law. 40. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 41. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for Page 31136 Docusign Envelope ID: 2BA8D80A-B6B0-432A-92F0-B91 F38572EFB t•rn; F"IN..,fIt .or . e ,"v the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a .dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: A. Stop work under the Grant on the date, and to the extent specified, in the notice; B. Place no further orders or subgrants for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; F. Complete performance -of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 42. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occu rs . P a g e 32 136 Docusign Envelope ID: 2BA8D80A-136130-432A-92170-1391 F38572EFB Commove A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. E. All reference to the Grantee under this clause shall also include Grantee's employees, agents or subgrantees/subcontractors. 43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. P a g e 33 136 Docusign Envelope ID: 2BA8D80A-B6B0-432A-92F0-B91 F38572EFB Attachment A: Scope of Work Grant County Juvenile Court shall furnish goods and services necessary to accomplish the activities under the Victims of Child Abuse and Neglect (VCAN) SFY 2025-2026 grant funding during the grant period. This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or services for the government's direct benefit. The principle purpose of this Grant is to provide funding for Grant County Juvenile Court to accomplish a public purpose. Funding from this Grant must be used to support the services outlined and approved in the Victims of Child Abuse and Neglect (VCAN) SFY 2025-2026 funding application. DATA REQUIREMENTS 1. Grantees will submit quarterly reports on Victims of Child Abuse and Neglect (VCAN) SFY 2025-2026 activities to their grant manager. 2. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. Additional narrative reports may be required. See the Application for Funding and/or Reporting Instructions provided for further details. DELIVERABLES 1. Services — As detailed above 2. Reports — As described in Special Terms and Conditions 3. Vouchers — Must be submitted at least quarterly PERFORMANCE MEASURES Provision of the deliverables listed above will be measured using the following performance measures: 1. 90% of required reports will be submitted on time 2. 100% of required audits will be completed on time Page 34136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB , . unclrcv Attachment B: Budget Budget Child Centered Services Total Salaries $51,924.00 $51,924.00 Benefits $34,209.00 $34,209.00 Goods and Services $1307.00 $1307.'00 Match $25,000.00 $2500.00 Non - Match Total $10000.00 $10000.00 Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State -of Washington Office of Financial Management Travel Regulations. Current rates for travel may be accessed at https://ofm .wa.gov/sites/default/files/public/resources/travel/colormap.�df. Any purchase over $5,000 must be pre -approved by COMMERCE. Page 35136 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB ..0N Attachment C: Federal Funds Checklist (vi) Subaward Budget Period Start and End Date; ............... -- (vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; (viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation; (ix) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; (x) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); (xi) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of th Pass-through entity; .... ... ...... . I I I ...... - I ..... .. .. ...... - .................... . .. ...... ... .. . ...... ___ ..... .. . .... ... . . (xii) Assistance Listings number and Title; the pass- through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement; (xiii) Identification of whether the award is R&D; ....... .. . - ------ (xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414. $100000.00 Subrecipient — reference your records. .. . ... ..... . - ................ ......... ... ..... .1 . ...... - . . ......... ....... .. I I..... .......... . .. ...... ..... .. ... . . . ......... ..... .1 ......... ...... - . ........... ........._ _............. ......... Subrecipient — reference your records. -- - --------------- � I Direct services for victims of crime. ... .. ........ I ................ ... Federal awarding agency: Department of Justice, Office of Justice Programs, Office for Victims of Crime e Pass-through entity: WA State Department of Commerce, Office of Crime Victims Advocacy jenna.osterman@commerce.wa.gov 16.575 Crime Victim Assistance --- - _... ............... -.1.1- ._........ _ ... ......... _ Not for research and development purposes. Page 36136 Docusign Envelope ID: 2BA8D80A-136130-432A-92170-1391 F38572EFB 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. Unique Entity Identifier (UEI) from SAM.gov system This number is required to receive federal funds. According to the Department of Justice Grants Financial Guide; unless an exception applies, all applicants and recipients must have a unique entity identifer when applying for Federal awards and cooperative agreements (initial or supplemental awards) (2 C.F.R. Part 25 - Universal Identifier and System of Award Management). In April of 2022 the federal government stopped using the DUNS number and switched to UEI's assigned via the SAM.gov system. If your entity was already registered in SAM.gov, your UEI has already been assigned. This number is currently visible on your entity registration record. Please note that SAM.gov registration is not required to obtain an UEI and OCVA is no longer requiring SAM.gov registration for our grantees. To obtain a UEI (without full entity registration in SAM.gov), please visit the SAM.gov website. • See Quick Start Guide for Getting Your Unique Entity ID (SAMI • See SAM.gov I Home • This is a free service Agency's Unique Entity Identifier (UEI): ZL6WM26K8KR5 2. 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. Applicant is certifying it will comply with this audit requirement. 3. 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 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 ❑ No 19 Did you answer "yes" to both 4.a) and 4.b)? Yes 1:1No KI , If you answered "yes" to both questions please provide the names/compensation of the five (5) most highly compensated executives of the recipient of award funds: Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB 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 www.ler).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)); 0 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. 3789d, 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, et 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. 121017 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 Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB amended, 20 U.S.C. 1681-1683; and the Age Discrimination Act of 1975, as amended, 42 U.S.C. 61011 et sem. 4. Federal Civil Rights Training Recipients of financial assistance from the Department of Justice, such as Victims of Crime Act (VOCA) 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 consists 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 htt ://o' ov/about/ocr/ocr-trainin -videos/video- ocr-traininq.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 Non -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 g , ori inage, g , 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 (ESOP) The Grantee will determine whether it is required to formulate an Equal Employment Opportunity Program (ESOP), 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 ESOP. 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.oir).u,sdoi.ggv/ocr/. 7. Grantee Duty to Ensure Subcontractor Compliance The Grantee is required to ensure compliance with these requirements by any program partner or participant receiving funding under this grant. Docusign Envelope ID: 2BA8D80A-B6B0-432A-92F0-B91 F38572EFB Request for Volunteer Requirement Waiver Current VOCA 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. Y am requesting a waiver for the use of volunteers for my VOCA project/program: Yes ❑ No 9 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: 1. 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: Docusign Envelope ID: 2BA81D80A-136130-432A-92F0-1391 F38572EFB Subgrant Award Report (SAR) Complete the information below, this will be used by OCVA to complete the federal Subgrant Report (SAR) which collects basic information on sub rant re g ant Award g recipients and program activities that will be implemented with VOCA plus match funds. How to video is here: !It—tps:/Ivimeo.com/365156967 1. Organization Name: Grant Count Juvenile 2. VOCA Crime Victim Assistance Funds Awarded int his grant. $100000.00Y Hale Court 3. Sub -Grant Number (number assigned to your contract): F22-31219-407 4. Budget and Staffing Indicate below the requested information based on the subrecipient's current fiscalear. ro Y .Report the total budget available to the victim services program,* gram, by source of funding. Do not report the entire agency budget; unless the entire budget is devoted to victim services program. For example, p , 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 A. Total budget for all victimization Response Explanation p quired programs and services 128,711 The amount reported is for the current fiscal year. Include the subaward amount for this B. Annual funding amounts allocated to all victimization programs State funds: contract/grant. Identify b Y Y source, the amount of and/or services for the current 100,000 funds allocated to the victimization fiscal year Local funds: ro rams/services p g budget of the $282711 subgrantee agency. Other federal funds: DO NOT COUNT FUNDS IN 0 MORE THAN ONE CATEGORY Y OTHER FEDERAL includes all Other non-federal: federal funding except the 0 subaward amount reported in C. Total number of paid staff for Total Paid Staff'. Question 2. Count each staff member once. all subgrantee victimization Enter Whole N Number Both full and part time staff programs and/or services 1 should be counted as one staff member. DO NOTprorate p rate based D. Number of staff hours funded Number of Hours: on FTE. through this VOCA award (plus match) for subgrantee's Total COUNT of hours of work by victimization programs and/or 11560 all staff supporting the work of this VOCA subawardlusmatch. p services E. Number of volunteerstaff Volunteer Staff: supporting the work of this VOLA award (plus match) for Enter Whole Number COUNT each volunteer staff subgrantee's victimization 13 once. DO NOT prorate based on FTE. programs and/or services F. Number of volunteer hours Number of Hours: supporting the work of this VOCA award (plus match) for Total count of hours of work b yall subgrantee's victimization 805 volunteers supporting the work of this VOCA subawardlus p match. ro rams and/or services Docusign Envelope ID: 213A8D80A-136130-432A-92F0-1391 F38572EFB Washington Slate CDepartment of oimerce DocuSign Contract Review and Routing Form Office of Crime Victims Advocacy ri/%ii•r� rr//�%/// r //r//i%//[/./�/�!/r/ir �, ri �i i/.T%r /, /rig.:/�''•r/r,. /// %/rP/4 J/ r / i rr;•... r.. r, ,,.. r/.r.. ,/ r ,//„ •�/,..r.///,/,/, //, /mr, ,;n/ :i% //r,/r /'-r �/i ,,, ..�, r/ / .r/ r r / r,. ///'i/':rr ,/,./, r,.rr./i-•;i, ,,,, ,. ,,.•,r,. 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'�/ �; / r,/r/ /rrr �rr 'v '.• „ ,r / r,. .r/,.. •; �' '. ,r„• r •,. .• •r �'r e,t r Nr ,/ /. .r r / /, / /./-r ,'/,,, / r / r, / r• -rr /r, a ,rrr r r / ,/ /, / / / r� ,., •. ,/ / •r. ,,• •r%' ,r ,r /,rr ,,. , r ,,,, / ri •,..• r , rn . /„•• '' r .' ,,, .•, �/. /.., r ../ /r„ ro / r. ,r'/ / / ,/ r •, r. r..r/ / rr, rr , •, r .,.,r,,, r/, r / / r ,/ ., ,. r,•r .r, r r• ,:, .,v .. / / ,, / /.. r.,, r � •ir' � r r/. /r, / ,./ / / /, / //r. ,/. ./ / rrr, -/. / / ,/ /; / ,,/ ;r ,/ r ../ r r ,�,• r/ /r /, �' / � r •,.r �. / r !, r, r, ,r•. /r, / �, / r r :./r /r „,,,/ri, „/� rr % / r•r / /.,. / / r / r r / / //r r„ ',/ ,//,,., ,/. r, r. /i ,/- r / G ,, r ,ri / / r J / / / . /,Lr• r ; /r /, / r < /, , r „r, r/ r , ,r ,// // / r ./ ,, ,.... /r ,,, r r „r r ,r / /;^r // r rrr''/ •, ,., r•., r r. r ,,,r / / J /,./.,, r,/,. ,'// ,•r. ,/r �/ � /i r r r / r r /,. /, , r / m, / / r/ r / r rr •. / r / r /r r r .•, ,, ,,.,,,r, ./,„r ,• , r/ ,r,.. / ,. r /.,.r :,, ri.. / r,//•//<, •. .,. / / r. � r , /, r. /. ,.,r r, r, / r/ r // r.r/,� rrr//r/,r// rr/ /r/ / / r / / r ,/ ,/r /�, / ,/ /a„/, ,r / / r•, •. r„ /, r ///r .< ,, r-/ r ,,. r / :, / „ i, c .. r. r ,n, -,/'..r ,�r,, r/. , ,. ,,.,•/,.r,•r / r .,r ,/ ,,,r ,,,r/„ / / /... ,/ ./,•�/ r. /r / r :r r. r.,•, r ,r r •.r / r ,,. /<„ r /. r• /r r, r r. / / /� / ,r�/,r./rir/n..iC„/i/, ir,/ ,r.. / /r, //,., / rr/// . / ,,, „//i r.,, .,.,• „r//,r nrr ,. r r/,., /, / r. /�ri � /,/„r. r ,r//. ,. / ,r•/% ,ri // / / //r//../ //[.., /.,,,�//ii///��/.i. / G//ir . ,r,.�. •., ir/ / rrr, r/, . r/., / .r .,,r ,, ., r�,,. rr. .. / ,. �,/� r., r i,J/.,i.., .r ///.., �/�,r//,,,//, ,,/ r,/.r , / ,i�/ Jr / ///�r r/r lr rr ,,/ r ////,//�/,/r.,,,.,n,.i/l..///.r,•,�/.//,//ii.r,•,�,.,4id�r,'.i,•, ,,,r - //„i/��,,./i.//•, ///, // / //-; �;./ ///r r.//r,. ,•,r./•r/4/ //•�� �/i•/./�r/�//'i, /// -/i, Grant Jenna Osterman Manager Proofed documents 7/1/2024 111:09 AM PDT Section Matched approved Obligation Summary Nicky Gleason Manager Memo and Allocation Spreadsheet 7/1/2024 11:52 AM PDT g I Reviewed entry and coding in CMS Assistant Correct template from IntraCOM has been used Trisha Smith or OR Managing 7/1/2024 12:58 PM PDT Director Documentation has been included with reason for exception Reviewed by: I Title: I I verify that I have: I Date: Grant I Checked that Grantee has completed all Manager required certifications and/or forms Updated 5/25/2022 Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM Parties agreed to: Suhail Palacios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce(we, us or Com an ma• Company) y be required by law to provide to you certain written notices or disclosures. 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