HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA (003)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT:New Hope
REQUEST SUBMITTED BY:SuziFode
CONTACT PERSON ATTENDING ROUNDTABLE:SuziFode
CONFIDENTIAL INFORMATION: DYES ANO
DATE:8.6.2024
PHONE:764.8402
®Agreement / Contract
EIAP Vouchers
DAppointment / Reappointment
EJARPA Related
❑ Bids / RFPs / Quotes Award
E]Bid Opening Scheduled
R Boards / Committees
El Budget-
ElComputer Related
RCounty Code
ElEmergency Purchase
REmployee Rel.
ElFacilities Related
OFinancial
El Funds
E]Hearing
❑ Invoices / Purchase Orders
El Grants — Fed/State/County
0 Leases
EIMOA / MOU
OMinutes
70rdinances
❑Out of State Travel
7 Petty Cash
1:1 Policies
El Proclamations
D Request for Purchase
F1 Resolution
7 Recommendation
El Professional Serv/Consultant
E]Support Letter
E]Surplus Req.
E]Tax Levies
FIThank You's
ElTax Title Property
OWSLCB
Elm*1 1:4 guy ej 'k-1 III I L, REM
Request permission for Suzi Fode to Docu-Sign
Grant#F22-31219-450
with Dept
of Commerce for Children's Advocacy Center Child Centered Services VOCA
Initiative starting July 1, 2024 through June 30, 2025 in the amount of $115,088
If necessary, was this document reviewed by accounting? F-1 YES ❑ NO *1 N/A
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
4/23/24
F1 N/A
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
Federal Interagency Agreement with
Office of Crime Victims Advocacy
Community Services Division
4
Grant Number:
F22-31219-450
For
-V/14.195
L% -4.W
Children's Advocacy Center Child Centered Services VOCA Initiative
Dated: 07/01 /2024
RECEIVED
AUG 0 1 2024
' i
GRANT COUNTY COMMISSIONERS
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
1gState
r. merit of
Table of Contents
TABLEOF CONTENTS..............................................................................................................................................2
FACESHEET............................................................................................................................................................5
SPECIALTERMS AND CONDITIONS.........................................................................................................................6
1. AUTHORITY......................................................................................................................................................6
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................6
3. ALL SUBAWARDS ("SUBGRANTS") MUST HAVE SPECIFIC FEDERAL AUTHORIZATION....................................6
4. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS................................................................................6
5. AUDIT..............................................................................................................................................................7
6. BILLING PROCEDURES AND PAYMENT.............................................................................................................7
7. COMPENSATION..............................................................................................................................................8
8. COMPLIANCE WITH 41 U.S.C. 4712 (INCLUDING PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES) .....9
9. COMPLIANCE WITH APPLICABLE RULES REGARDING APPROVAL, PLANNING, AND REPORTING OF
CONFERENCES, MEETINGS, TRAININGS, AND OTHER EVENTS.................................................................................9
10. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE......................................................................................9
11. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28
C. F. R. PART 38................................................................................................:..........................................................9
12. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28
C. F. R. PART 42.........................................................................................................................................................10
13. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28
C. F. R. PART 54.........................................................................................................................................................10
14. COMPLIANCE WITH GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS (FY
2021)10
15.
COMPUTER NETWORKS................................................................................................................................10
16.
DEBARMENT..................................................................................................................................................10
17.
DETERMINATION OF SUITABILITY TO INTERACT WITH PARTICIPATING MINORS.........................................11
18.
DISCRIMINATION FINDINGS..........................................................................................................................11
19.
EFFECT OF FAILURE TO ADDRESS AUDIT ISSUES...........................................................................................11
20.
EMPLOYMENT ELIGIBILITY VERIFICATION FOR HIRING UNDER THE AWARD...............................................11
21.
ENCOURAGEMENT OF POLICIES TO BAN TEXT MESSAGING WHILE DRIVING..............................................12
22.
EXAMINATION OF RECORDS.........................................................................................................................13
23.
FFATA REPORTING: SUBAWARDS AND EXECUTIVE COMPENSATION...........................................................13
24.
FRAUD AND OTHER LOSS REPORTING...........................................................................................................13
25.
GRANT MANAGEMENT..................................................................................................................................13
26.
GRANT MODIFICATION..................................................................................................................................14
27.
INDIRECT COSTS............................................................................................................................................14
28.
INSURANCE ....................................................................................................................................................14
29.
"METHODS OF ADMINISTRATION" - MONITORING COMPLIANCE WITH CIVIL RIGHTS LAWS AND
NONDISCRIMINATION PROVISIONS........................................................................................................................14
30. MONITORING................................................................................................................................................14
31. NATIONAL VOCA TRAINING ...........................................................................................................................14
32. NON -SUPPLANTING CERTIFICATION.............................................................................................................15
33. OJP TRAINING GUIDING PRINCIPLES.............................................................................................................15
34. POTENTIAL IMPOSITION OF ADDITIONAL REQUIREMENTS..........................................................................15
Page 2 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
a,-shl�'r ;o�'� State
all A.Sea Cit of
35. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS: REQUIREMENT TO REPORT INFORMATION ON
CERTAIN CIVIL, CRIMINAL, AND ADMINISTRATIVE PROCEEDINGS TO SAM AND FAPIIS........................................15
36. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO ANEW TITLE 34 OF THE UNITED STATES
CODE 15
37. REPORTING....................................................................................................................................................16
38. REQUIREMENT FOR DATA ON PERFORMANCE AND EFFECTIVENESS UNDER THE AWARD .......................... 16
39. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR MATERIALLY FALSE
STATEMENTS...........................................................................................................................................................16
40. REQUIREMENTS PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PERSONS
(INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE AWARD)...................................17
41. REQUIRED TRAINING FOR POINT OF CONTACT AND ALL FINANCIAL POINTS OF CONTACT ...........................17
42. REQUIREMENTS RELATED TO "DE MINIMIS" INDIRECT COST RATE..............................................................18
43. REQUIREMENTS RELATED TO SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER
REQUIREMENTS......................................................................................................................................................18
44. REQUIREMENT TO DISCLOSE WHETHER RECIPIENT IS DESIGNATED "HIGH RISK" BY A FEDERAL GRANT -
MAKING AGENCY OUTSIDE OF DOJ........................................................................................................................18
45. REQUIREMENT TO REPORT ACTUAL OR IMMINENT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION
(P 11) 18
46. REQUIREMENT TO REPORT POTENTIALLY DUPLICATIVE FUNDING..............................................................19
47. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED
MATTERS.................................................................................................................................................................19
48. RESTRICTIONS ON "LOBBYING".....................................................................................................................20
49. SPECIFIC POST -AWARD APPROVAL REQUIRED TO USE A NONCOMPETITIVE APPROACH IN ANY
PROCUREMENT CONTRACT THAT WOULD EXCEED $250,000................................................................................20
50. SUBGRANT AWARD REPORT (SAR)................................................................................................................20
51. SUBGRANTEE/SUBCONTRACTOR DATA COLLECTION....................................................................................20
52. VOCA FUNDS.................................................................................................................................................21
53. VOCA REQUIREMENTS..................................................................................................................................21
54. ORDER OF PRECEDENCE................................................................................................................................21
GENERALTERMS AND CONDITIONS ................. ..........................se......s.••...ae....e....•s•������. •........o....s......e...• 22
1. DEFINITIONS..................................................................................................................................................22
2. ALLWRITINGS CONTAINED HEREIN...............................................................................................................22
3. AMENDMENTS..............................................................................................................................................23
4. ASSIGNMENT.................................................................................................................................................23
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION.........................................................................23
6. COPYRIGHT....................................................................................................................................................23
7. DISPUTES.......................................................................................................................................................24
8. GOVERNING LAW AND VENUE......................................................................................................................24
9. INDEMNIFICATION........................................................................................................................................24
10. LICENSING, ACCREDITATION AND REGISTRATION.........................................................................................24
11. RECAPTURE....................................................................................................................................................24
12. RECORDS MAINTENANCE..............................................................................................................................24
13. SAVINGS........................................................................................................................................................25
14. SEVERABILITY.................................................................................................................................................25
15. SUBCONTRACTING........................................................................................................................................25
16. SURVIVAL.......................................................................................................................................................25
Page 3 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
wa,410-1g F l State
°p "trot; rit o
o meme,
17. TERMINATION FOR CAUSE.............................................................................................................................25
18. TERMINATION FOR CONVENIENCE................................................................................................................26
19. TERMINATION PROCEDURES.........................................................................................................................26
20. TREATMENT OF ASSETS.................................................................................................................................27
21. WAIVER.........................................................................................................................................................27
ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 28
ATTACHMENTB: BUDGET....................................................................................................................................29
ATTACHMENT C: FEDERAL FUNDS CHECKLIST...................................................................................................... 30
ATTACHMENT D: VOLA RULE.............................................................................. AVAILABLE ONLINE, LINKED HERE
Page 4 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-7579996ODF58
alment of
C(
Face Sheet
Grant Number: F22-31219-450
Washington State Department of Commerce NSubrecipient
Community Services Division []Contractor
Office of Crime Victims Advocacy
Children's Advocacy Center Child Centered Services VOCA Initiative
1. Grantee
2. Grantee Doing Business As (as applicable)
GRANT, COUNTY OF
New Hope
PO BOX 37
EPHRATA, WA 98823-0037
3. Grantee Representative
4. COMMERCE Representative
SuziFode
Zev Friedlander PO Box 42525
Director
Program Coordinator 98504-8304
sfode@grantcountywa.gov
(360) 725-2883 1011 Plum Street SE
(509) 764-8402
zev.friedlander@commerce.wa.gov Olympia WA 98501
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$115,088.00
Federal: FX State: El Other: El N/A: F
07/01/2024
06/30/2026
9. Federal Funds (as applicable) Federal Agency: ALN
$115088.00 Department of Justice, Office of Justice 16.575
Programs, Office for Victims of Crime
10. SWV #
11. UBI #
12. UEI #
13. Indirect Rate (if applicable)
SWV0002426-17
132001884
ZL6WM26K8KR5
13. Grant Purpose
To support Children's Advocacy Center Child Centered Services VOCA Initiative grant activities.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above.
The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated
by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work; Attachment "B" — Budget; Attachment I&CIS
— Federal Funds Checklist, Attachment "D" Victims of Crime Act (VOCA) Rule, and Grantee's Application for funding.
FOR GRANTEE
FOR COMMERCE
Suzi Fode Director
Name, Title
Cindy Guertin -Anderson, Assistant Director
Signature
Date
APPROVED AS TO FORM ONLY
Date
BY ASSISTANT ATTORNEY GENERAL
Approved as to form:
APPROVAL ON FILE
jj- L
(print
Ile
10 (Sigmd)
Deputy Prosecuting Attorney
ate:
Page 5 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
State
Commerce
Special Terms and Conditions
1. AUTHORITY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW .
2. 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: $115088.00
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."
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.
3. ALL SUBAWARDS ("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://o'p.ciov/fundin-q/Explore/SubawardAuthorization.htm (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference here.
4. 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 number (e.g.,
funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with
respect to all funds under that award number (regardless of the award date, and regardless of
whether derived from the initial award or a supplemental award) that are obligated on or after the
acceptance date of this FY 2021 award.
Page 6 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
O'la hirig Dri Depwunerlt of
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://oip.gov/funding/Part200UniformReguirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date
of submission of the final expenditure report (SF 425), unless a different retention period applies --
and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access,
include performance measurement information, in addition to the financial records, supporting
documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the
Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
5. AUDIT
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 Grantee shall send all audit documentation to the Federal Audit
Clearinghouse.
If the Grantee expends less than $750,000 in federal awards as a Subrecipient from any and all
sources in a fiscal year the Grantee shall notify COMMERCE they did not meet the audit requirement
threshold within 30 calendar days of the end of that fiscal year.
6. 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 F22-31219-450.
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.
Page 7 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
ti
Npt �4 % ft
t U)
erre,
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.).
7. COMPENSATION
COMMERCE shall pay an amount not to exceed $115,088.00 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 VOCA federal funds. Match funds may be expended in
a greater proportion to grant funds, however, all match funds must be expended prior to the close of
this Grant. Expenditures of match funds must be identified on the invoice voucher form.
Transfer -of funds between line item budget categories must be approved by the Office of Crime
Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10)
percent of the total program budget shall be subject to justification and negotiation between the
Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA
Section Manager.
Payment will be on a reimbursement basis only.
Consultant fees mIay 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:
htt s:Hofm.wa. ov/sites/default/files/ ublic/resources/travel/colorma . df
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
htt s://o' . ov/financial uide/do'/ dfs/DOJ FinancialGuide. df.
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
htt s://www.federaire ister. ov/documents/2016/07/08/2016-16085/victims-of-crime-act-victim-
assistance-program.
Page 8 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
� a1` ingq x l State
-E , Ment of
cohim
8. COMPLIANCE WITH 41 U.S.C. 4712 (INCLUDING PROHIBITIONS ON REPRISAL;
NOTICE TO EMPLOYEES)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable
provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal funds, an
abuse of authority relating to a federal grant, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of
the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the
Grantee shall contact COMMERCE; COMMERCE is to contact the DOJ awarding agency (OJP or
OVW, as appropriate) for guidance.
9. COMPLIANCE WITH APPLICABLE RULES REGARDING APPROVAL, PLANNING,
AND REPORTING OF CONFERENCES, MEETINGS, TRAININGS, AND OTHER
EVENTS
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and
reporting requirements, where applicable) governing the use of federal funds for expenses related to
conferences (as that term is defined by DOJ), including the provision of food and/or beverages at
such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements"
in the "DOJ Grants Financial Guide").
10. 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:Hoip.gov/financialquide/DOJ/index.html), including any updated version that may be posted
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial
Guide.
11. 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.qov/cqi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial
Administration, Chapter 1, Part 38, under e -CFR "current" data.
Page 9 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
Washing -on state,
D��p nnent of
12. 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.
13. 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."
14. 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
restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,
including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out
at lhttps://oip.gov/funding/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.
15. 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.
16. DEBARMENT
A. Grantee, defined as the primary participant and it principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief that they:
L Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency.
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.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee
shall attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
Page 10 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
' Vvfashing,t l state
fxr y -me t of
rew
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.
iii. Where the lower tier Grantee is unable to certify to any of the statements in this
Grant, such contractor shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded,
as used in this section, have the meanings set out in the Definitions and Coverage sections
of the rules implementing Executive Order 12549. Grantee may contact COMMERCE for
assistance in obtaining a copy of these regulations.
17. 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:Hoip.gov/funding/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.
18. 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.
19. 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.
20. 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
Page 11 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
. ¢ �h rlqu estate
D(.jfet of
i3
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).
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-Verif Em to erA ent dhs. ov.
Questions about the meaning or scope of this condition should be directed to COMMERCE, before
award acceptance.
21. 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
Page 12 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
go%& A) State
D-ZPS&t erit of
10
*44, Cofnmerce
any vehicle during the course of performing work funded by this award, and to establish workplace
safety policies and conduct education, awareness, and other outreach to decrease crashes caused
by distracted drivers
22. 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.
23. 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.
24. 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.justice.gov/hotline.
25. 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 13 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
' a;s,hth1g c:'1 State
NpVdItTient
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.
26. 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
27. INDIRECT COSTS
Contractor 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 up to 10% of Modified
Total Direct Costs (MTDC) may be used.
28. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
29. "METHODS OF ADMINISTRATION" - MONITORING COMPLIANCE WITH CIVIL
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
Civil Rig htsMOA@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 at htt s:Ho" ov/fundis /Ex lore/StateMethodsAdmin-FY2017u date.htm (Award
condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update), and
are incorporated by reference here.
30. 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).
31. NATIONAL, VOCA TRAINING
Page 14 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
Depz��M(Ml Of
otli erc
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.
32. 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.
33. 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
htt s://o° ov/fundin /im lement/Trainin Princi lesForGrantees-Sub rantees.htm.
34. 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.
35. 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://oip.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters,
including Recipient Reporting to FAPIIS), and are incorporated by reference here.
36. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34
OF THE UNITED STATES CODE
As applicable. On September 1, 2417, various statutory provisions previously codified elsewhere in
Page 15 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
a.%Was,114-1owl State
1) e ?'1*rTIt! r t
It Y
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.
37. REPORTING
Grantees must collect and maintain data that measure the performance and effectiveness of work
done under this grant.
If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data
collection system, relative to the provision of Children's Advocacy Center Child Centered Services
VOCA Initiative services. Report data will be due in InfoNet no later than the fifteenth day following
the end of each quarter.
The Grantee shall submit non -personally identifying demographic, service and compliance data
required by state funding sources in the InfoNet data collection system. The Grantee shall maintain
documentation and records that support the data reported in InfoNet.
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.
38. 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 zev.friedlander@commerce.wa.gov.
See "Reporting" Special Term and Condition. COMMERCE will report this data to OJP.
39. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR
MATERIALLY FALSE STATEMENTS
The conditions of this award are material requirements of the award. Compliance with any 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.
Page 16 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
PDe 11 of
I. y
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.
40. 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
subre_cipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons
are posted on the OJP web site at hft s://o' ov/fundin /Ex lore/ProhibitedConduct-Traffickin .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.
41. 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.
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
Page 17 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
Wa--4,hinoxx1 State
-gyp f
It SO
Depa rtmrl� �.
* C.*ft'
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.
42. 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.
43. 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 ("subgrants") to first-tier
subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not
acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on
the OJP, web site at https:Hoip.gov/fundinq/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).
44. 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.Com IianceRe ortin o' .usdo', ov. 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.
45. 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,
Page 18 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
State
DE a" fir lent of
Commerce
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.
46. 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 zev.friedlander@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.
47. 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
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
Page 19 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
'°18811419 41 Bute
s ,r4 o
�eWa ,
410W (--,,0,, ime '
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.
48. 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.
49. 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/fundinci/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.
50. SUBGRANT AWARD REPORT (SAR)
The recipient must submit a Subgrant Award Report (SAR) to OVC for each subrecipient of the VOCA
victim assistance funds, within ninety (90) days of awarding funds to the subrecipient. Recipients
must submit this information through the automated system.
Grantees submit this information to COMMERCE, who then submits this information to OVC.
51. 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.
Page 20 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
fal CE
Aft,
52. VOCA FUNDS
As applicable. The Victims of Crime Act (VOCA) of 1984 states that VOCA funds are available during
the federal fiscal year of the award, plus the following three fiscal years. At the end of this period,
VOCA funds will be deobligated. OVC has no discretion to permit extensions beyond the statutory
period. (E.g., VOCA funds awarded in FY 2017, are available until the end of FY 2020).
COMMERCE manages this funding period requirement, Grantees must adhere to the grant period on
the Grant Face Sheet.
53. 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.
54. 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
• Children's Advocacy Center Child Centered Services VOCA Initiative Application for
Funding as submitted and approved by COMMERCE
Page 21 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
Deja ltrie Cit of
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in
writing to act on the Director's behalf.
B. "COMMERCE" shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Exhibits, documents, or materials
incorporated by reference and may constitute a Subaward if so designated. Electronic
transmission of a signed copy of a Contract shall be the same as delivery of an original.
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Agreement, and shall include all employees and agents thereof.
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.
I. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing
all or part of those services under this Contract under a separate contract with the
Contractor. The terms "Subcontractor" and "Subcontractors" mean subcontractor(s) in any
tier.
J. "Subrecipient" or "Subgrantee" 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.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
Page 22 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
1 i hing, Stare
Depa,%trienl of
n,
3. AMENDMENTS
This Contract 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.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
L All material provided to the Contractor by COMMERCE that is designated as
"confidential" by COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by
COMMERCE; and
iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent
of COMMERCE or as may be required by law. The Contractor 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 Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines
that changes are necessary to prevent unauthorized disclosures. The Contractor shall make
the changes within the time period specified by COMMERCE. Upon request, the Contractor
shall immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Contractor against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days 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.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract 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 Contractor 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 Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
Page 23 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
j, g �w,�
���a�:91�ing'am State
ate
Depa,"'frierit of
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, 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 Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract 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.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, 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 Contractor 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 Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract 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 contract.
The Contractor 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 contract, 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. .
Page 24 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
Wafshifl x State
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.
13. 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 Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract 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 contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
Page 25 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
1� last
�- w 0�m�'rlt of
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor 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 contract.
COMMERCE may withhold from any amounts due the Contractor 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 contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may
be necessary for completion of such portion of the work under the contract 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 Contractor under the
orders and subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the
extent the Authorized Representative may require, which approval or ratification shall be
final for all the purposes of this clause;
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 contract 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 contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
Page 26 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
ep
r fit f
%jw,- Comn `
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE
that results from the negligence of the Contractor or which results from the failure on the
part of the Contractor to maintain and administer that property in accordance with sound
management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall
immediately notify COMMERCE and shall take all reasonable steps to protect the property
from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
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 Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Page 27 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
WS'85hilf-t Al State,
INS Co + ,e
Attachment A: Scope of Work
New Hope shall furnish goods and services necessary to accomplish the activities under the
Children's Advocacy Center Child Centered Services VOCA Initiative grant funding during the grant
period.
This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or
services for the government's direct benefit. The principle purpose of this Grant is to provide funding
for New Hope to accomplish a public purpose.
Funding from this Grant must be used to support the services outlined and approved in the Children's
Advocacy Center Child Centered Services VOCA Initiative funding application.
DATA REQUIREMENTS
1. Grantees will submit quarterly reports on Children's Advocacy Center Child Centered
Services VOCA Initiative 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 28 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
a in
IPA,D£%.
�; ��x
" Commerce
Attachment B: Budget
Budget
Child Centered
Services
Total
Salaries
$73,874.00
$73,874.00
Benefits
$22,797.00
$221797.00
Goods and Services
$18,417.00
$18,417.00
Match
$28,772.00
$289772.00
Non - Match Total
$11508.00
$1151088.00
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
htt s://ofm.wa. ov/sites/default/filesl ublic/resources/travel/colorma df.
Any purchase over $5,000 must be pre -approved by COMMERCE.
Page 29 of 30
Docusign Envelope ID: 7CE3C5A1-A969-476D-86E4-75799960DF58
v��44*i 1g I State
16, ' VAP M.'Pal tit of
COTOTTW'ree
Attachment C: Federal
Subaward Contract Checklist
Funds Checklist
Federal Award Information
GRANT, COUNTY OF
(i) Subrecipient name (which must match the name
associated with its unique entity identifier);
(ii) Subrecipient's unique entity identifier;
ZL6WM26K8KR5
(iii) Federal Award Identification Number (FAIN);
15POVC-22-GG-00686-ASSI
(iv) Federal Award Date (see §200.39 Federal award
8/25/22
date) of award to the recipient by the Federal agency;
(v) Subaward Period of Performance Start and End Date;
07/01/2024 to 06/30/2026
(vi) Subaward Budget Period Start and End Date;
07/01/2024 to 06/30/2026
(vii) Amount of Federal Funds Obligated by this action by
$115088.00
the pass-through entity to the subrecipient;
(viii) Total Amount of Federal Funds Obligated to the
subrecipient by the pass-through entity including the
Subrecipient — reference your records.
current obligation;
(ix) Total Amount of the Federal Award committed to the
subrecipient by the pass-through entity;
reference Subrecipient —reour records.
y
(x) Federal award project description, as required to be
responsive to the Federal Funding Accountability and
Direct services for victims of crime.
Transparency Act (FFATA);
Federal awarding agency: Department of Justice,
(A) Name of Federal awarding agency, pass-through
Office of Justice Programs, Office for Victims of
entity, and contact information for awarding official of the
Pass-through entity;
Crime
Pass-through entity: WA State Department of
Commerce, Office of Crime Victims Advocacy
zev.friedlander@commerce.wa.gov
(xii) Assistance Listings number and Title; the pass-
through entity must identify the dollar amount made
available under each Federal award and the Assistance
16.575 Crime Victim Assistance
Listings Number at time of disbursement;
(xiii) Identification of whether the award is R&D;
Not for research and development purposes.
(xiv) Indirect cost rate for the Federal award (including if
the de minimis rate is charged) per §200.414.
Page 30 of 30
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Suzi Fode
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefiilly and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to
`I agree to use electronic records and signatures' before clicking `CONTINUE' within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: ht t s:Hsu ort.docLlsl .com,/ uides/si er- ide-
si nin -s stem -re uirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.
BOARD OF COUNTY COMMISSIONERS
Grant County, Washington
RESOLUTION AUTHORIZING RESOLUTION No. 24- 1- -CC
EXECUTION OF FEDERAL
INTERLOCAL AGREEMENT
BETWEEN GRANT COUNTY
(THROUGH NEW HOPE) AND THE
WASHINGTON STATE DEPARTMENT
OF COMMERCE
WHEREAS, Chapter 34.39 RCW, the Interlocal Cooperation Act, permits local
government entities to make the most efficient use of their powers by enabling them to cooperate
with other localities on a basis of mutual advantage, for the purposes of providing services and
facilities in a manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population and other factors influencing the needs and development
of local communities; and
WHEREAS, the Washington State Department of Commerce, through the Office of
Crime Victims Advocacy Community Services Division, is authorized pursuant to Chapter 3 9.3 4
RCW to enter into interlocal agreements; and
WHEREAS, Grant County, Washington, by and through New Hope, is vested with
authority to enter into an interlocal agreement pursuant to Chapter 3 9.3 4 RCW; and
WHEREAS, the Washington State Department of Commerce shall grant New Hope
funding for the purpose of supporting the Children's Advocacy Center Child Centered Services
VOCA Initiative Grant No. F22-31219-450 in the amount of $115,088.00; and
WHEREAS, it is the desire of Grant County, by and through New Hope, and the
Washington State Department of Commerce to enter into an interlocal agreement for the purpose
of supporting the Children's Advocacy Center Child Centered Services VOLA Initiative.
N:\StafflBVasquez\Resolution-Ordinance\Interlocal agreement between New Hope and Dept. of Commerce (2).docx
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the attached Interlocal
Agreement between New Hope and the Washington State Department of Commerce through the
Office of Crime Victims Advocacy Community Services Division, be approved..
DATED this
day of , 2024.
BOARD OF COUNTY
COMMISSIONERS
Yea Nay Abstain GRANT COUNTY, WASHINGTON
1� Y
Cordy Ca e ,Chair
ATTEST: ❑ ❑ ❑ �ij
Danny Vstone, Vice -Chair
arbar sque ❑ ❑ ❑ —f't- G�'''�''"`n'3.
lerk of Boar RC rie s, Member
N:\StaMBVasquez\Resolution-Ordinance\Interlocal agreement between New Hope and Dept. of Commerce (2).docx