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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SAM Vilk IVA 4 new beginnings. better tomorrows. July 26, 2022 Board of Grant County Commissioners PO Box 37 Ephrata, WA 98823 RE: Signature for Contract #23-31310-165 Dear Board of County Commissioners: Please see attached contract for review and approval. JUL -2 6 2o22 Cgntractor: Depart me int of Commerce, Office of Crime Victims Advocacy je,rmntract: Ire 1,2022 to 6.30.2023 Pprpos Annual contract for providing sexual assault services Amouflt: $299,606 10 t This contract is a regular grant New Hope receives every year. Funding varies slightly each year based on a funding formula. s Fede is requesting permission to Docu-Sign electronically with the contractor. Thank you for your consideration, Suzi Fode, Director Kids Hope and New Hope DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB ,60%Ik Washington State If pIYllllerCet4soff Co Grant Agreement with New Hope through Office of Crime Victims Advocacy Community Services and Housing Division For Core and Specialized Sexual Assault Services SFY 2023 Start date: 07/01 /2022 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB TABLE OF CONTENTS FaceSheet....................................................................................................................................................1 Special Terms and Conditions...................................................................................................................... 2 1. Billing Procedures and Payment...................................................................................................... 2 2. Compensation.................................................................................................................................. 2 3. Fraud and Loss Reporting............................................................................................................... 3 4. Grant Management.......................................................................................................................... 3 5. Grant Modification............................................................................................................................ 3 6. Insurance......................................................................................................................................... 3 7. Reporting.......................................................................................................................................... 4 8. Subcontractor Data Collection......................................................................................................... 4 9. Order of Precedence........................................................................................................................ 5 General Terms and Conditions..................................................................................................................... 6 1. Definitions........................................................................................................................................ 6 2. Access to Data................................................................................................................................. 6 3. Advance Payments Prohibited......................................................................................................... 6 4. All Writings Contained Herein.......................................................................................................... 6 5. Amendments.................................................................................................................................... 6 6. Americans With Disabilities Act (ADA)............................................................................................. 7 7. Assignment...................................................................................................................................... 7 8. Attorney's Fees................................................................................................................................ 7 9. Confidentiality/Safeguarding of Information..................................................................................... 7 10. Conflict of Interest............................................................................................................................ 7 11. Copyright..........................................................................................................................................8 12. Disputes............................................................................................................... .......................... 8 13. Duplicate Payment........................................................................................................................... 9 14. Governing Law and Venue.............................................................................................................. 9 15. Indemnification................................................................................................................................. 9 16. Independent Capacity of the Grantee.............................................................................................. 9 17. Industrial Insurance Coverage.......................................................................................................10 18. Laws..........................................................................................................................................10 19. Licensing, Accreditation and Registration......................................................................................10 20. Limitation of Authority.....................................................................................................................10 21. Noncompliance With Nondiscrimination Laws...............................................................................10 22. Pay Equity......................................................................................................................................10 23. Political Activities............................................................................................................................11 24. Publicity..........................................................................................................................................11 25. Recapture.......................................................................................................................................11 26. Records Maintenance....................................................................................................................11 27. Registration With Department of Revenue....................................................................................11 28. Right of Inspection.........................................................................................................................11 29. Savings..........................................................................................................................................11 30. Severability.....................................................................................................................................11 31. Site Security...................................................................................................................................12 32. Subgranting/Subcontracting...........................................................................................................12 33. Survival..........................................................................................................................................12 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB 34. Taxes..........................................................................................................................................12 35. Termination for Cause....................................................................................................................12 36. Termination for Convenience.........................................................................................................12 37. Termination Procedures.................................................................................................................13 38. Treatment of Assets.......................................................................................................................13 39. Waiver..........................................................................................................................................14 Attachment A - Scope of Work Attachment B - Budget DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. 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 COMMERCE's online invoicing system. The invoice shall include the Invoice Documentation Form. COMMERCE will pay Grantee upon acceptance of program activities provided and receipt of properly completed invoices. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract 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 subgrants/subcontracts. 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. 2. COMPENSATION COMMERCE shall pay an amount not to exceed ($299,606.00) for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work. Grantee's compensation for services rendered shall be based on the following rates or in accordance with Attachment B — Budget. 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. 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 K DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Regulations. Current travel rates may be accessed at: https://ofm.wa.gov/sites/default/files/public/resources/travel/colormap. pdf 3. FRAUD AND OTHER LOSS REPORTING Contractor/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. 4. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 5. 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. 6. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Grantee shall submit to COMMERCE within fifteen (15) calendar days of a written request by COMMERCE, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subcontracts. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under contract to the Grantee. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. 7. 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 Core and Specialized Sexual Assault Services SFY 2023 services. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY 2023 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. 8. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 4 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 9. ORDER OF PRECEDENCE |nthe event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence inthe following order: ° Applicable federal and state ofWashington statutes and regulations ° Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope ofWork • AtbachmentB—Budget • Core and Specialized Sexual Assault Services SFY 2023 Application for Funding as submitted and approved byCOMMERCE 5 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Fac- simile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security num- bers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is perform- ing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "subgrantee/subcontractor" refers to any tier. H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COM- MERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with con- tractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclu- sions, and recommendations of the Grantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be bind- ing unless they are in writing and signed by personnel authorized to bind each of the parties. 0 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to indi- viduals with disabilities in the areas of employment, public accommodations, state and local govern- ment services, and telecommunications. __S1 Eel L1►�i7- Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs. 9. CON FI DENTIALITYISAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Grantee that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a per- son's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying num- bers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Infor- mation to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safe- guarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Infor- mation or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE rea- sonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within one (1) day 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. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the Commerce program N DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS administering this Grant, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previ- ously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further considera- tion for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the contract by the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be con- sidered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not pro- duced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrev- ocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 12. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COM- MERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Grantee's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribu- nal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if the GRANTEE has charged or will charge the State of Wash- ington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 15. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee/subcontractor or its employees. The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be elimi- nated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, em- ployees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Grant. The Con- tractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Con- tract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 9 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 18. Le The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and reg- istration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondis- crimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further grants with COM- MERCE. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruc- tion. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant. 22. PAY EQUITY The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are "similarly employed" if the individuals work for the same employer, the perfor- mance of the job requires comparable skill, effort, and responsibility, and the jobs are per- formed under similar working conditions. Job titles alone are not determinative of whether em- ployees are similarly employed; b. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional dif- ference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Grantee is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. 10 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 26. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COM- MERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Grantee shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day no- tice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 31. SITE SECURITY 11 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to sub- contracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COM- MERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. 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. 33. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are in- tended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 35. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or sus- pended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or pro- hibit the Grantee from incurring additional obligations of funds during investigation of the alleged com- pliance breach and pending corrective action by the Grantee or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negli- gence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 12 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 37. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Repre- sentative shall determine the extent of the liability of COMMERCE. Failure to agree with such deter- mination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative deter- mines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representa- tive, the Grantee shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and sub- grants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcon- tracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcon- tracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property fur- nished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimburse- ment of the cost thereof by COMMERCE in whole or in part, whichever first occurs. 13 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 14 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB ATTACHMENT A SCOPE OF WORK Core and Specialized Sexual Assault Services SFY 2023 07/01/2022 through 06/30/2023 New Hope shall furnish goods and services necessary to accomplish the activities under the Core and Specialized Sexual Assault Services SFY 2023 grant funding during the grant period. This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or services for the federal government's direct benefit. The principle purpose of this Grant is to provide funding for New Hope to accomplish a public purpose. Funding from this Grant must be used to support the services outlined and approved in the Core and Specialized Sexual Assault Services SFY 2023 funding application. DATA REQUIREMENTS Grantees will submit quarterly reports on Core and Specialized Sexual Assault Services SFY 2023 activities to their grant manager. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. DELIVERABLES 1. Reports — As described in Special Terms and Conditions 2. 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 DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Budget ATTACHMENT B Budget Core Prevention Specialized Total Salaries $10%358.00 $15,315.00 $46,282.00 $1709955.00 Benefits $41,620.00 $502.00 $16,309.00 $63,791.00 Subcontracted Services $0.00 $0.00 $89500.00 $89500.00 Goods and Services $249382.00 $39385.00 $289593.00 $56,360.00 [Total $175,360.00 $249562.00 $999684.00 $2999606.00 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 htfi s://ofm.wa. ov/sites/default/files/ ublic/resources/travel/Colorma df. Any purchase over $5,000 must be pre -approved by COMMERCE. The Grantee must bill activities to the appropriate funding category (e.g. Specialized services must be billed to that funding category). Transfer of funds between the Core, Prevention, Specialized and/or Community Organizing and Responding categories is not allowed. DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB EEOP CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the instructions (see below) and then complete Section A or Section B or Section Q not all three. Page 1 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Certification of Federal Award Requirements Funding for this grant is comprised of Federal Victims of Crime Act (VOCA) funds. Applicants must meet the following conditions in order to receive grant funding: 1. Unique Entity Identifier (UEI) from SAM.gov system This number is required to receive federal funds. According to the Department of Justice Grants Financial Guide, unless an exception applies, all applicants and recipients must have a unique entity identifer when applying for Federal awards and cooperative agreements (initial or supplemental awards) (2 C.F.R. Part 25 - Universal Identifier and System of Award Management). In April of 2022 the federal government stopped using the DUNS number and switched to UEI's assigned via the SAM.gov system. If your entity was already registered in SAM.gov, your UEI has already been assigned. This number is currently visible on your entity registration record. Please note that SAM.gov registration is not required to obtain an UEI and OCVA is no longer requiring SAM.gov registration for our grantees. To obtain a UEI (without full entity registration in SAM.gov), please visit the SAM.gov website. • See Quick Start Guide for Getting Your Unique Entity ID (SAM) • See SAM.gov (Home • This is a free service Agency's Unique Entity Identifier (UEI): ZL6WM26K8KR5 2. Audit Requirements Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail. Applicant is certifying it will comply with this audit requirement. 3. Executive Compensation Data In certain circumstances recipients of federal funds must report the names and total compensation of their five most highly compensated executives. Answer the following questions to determine if you have to submit this information. In the agency's preceding fiscal year, did the organization a) receive 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements: Yes ❑ No ❑ b) and $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements: Yes ❑ No ❑ Did you answer "yes" to both 4.a) and 4.b)? Yes ❑ No ❑ If you answered "yes" to both questions please provide the names/compensation of the five (5) most highly compensated executives of the recipient of award funds: Page 2 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB 4. Internal Revenue Service (IRS) 501(c)(3) Determination Letter VOCA funding requires that nonprofit organizations verify their nonprofit status by providing a copy of their Internal Revenue Service (IRS) 501(c)(3) determination letter. A nonprofit organization is as described in section 501 (c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. See 42 U.S.0 § 13925(b)(1 6)(B). Unless submitted previously, nonprofit organizations applying for funding must submit a copy of Internal Revenue Service to OCVA with this application. 5. Computer Networks The applicant understands and agrees that it cannot use VOCA Grant funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. 6. Non -Supplanting Certification The applicant understands and agrees that no VOCA Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. VOCA Grant funds will be used to increase the total amount of funds used for crime victim assistance. Violation of the non -supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 7. ADA Requirement (FOR NON -TRIBAL GRANTEES ONLY) Does the location where services are primarily provided comply with ADA requirements for accessibility? Yes ❑ No ❑ If no, provide information on how this is addressed: By signing this document below, the applicant certifies that that agency is qualified to receive the funds. As the duly authorized representative of the applicant, I hereby acknowledge that the applicant will comply with the above requirements. This acknowledgement shall be treated as a material representation of fact upon with the Department of Commerce, Office of Crime Victims Advocacy will rely if a grant is issued. Signature Suzi Fode Name and Title of Authorized Representative Director Date Page 3 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Civil Rights Certifications The applicant herby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, requirements, and any conditions of the recipient's grant. If a grant is made, the grantee and subgrantees, if any, will be subject to statutory prohibitions on discrimination. 1. Discrimination on the Basis of National Origin — Limited English Proficient (LEP) Individuals To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, applicants must take reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at www.lep.gov. 2. Federal Non -Discrimination Requirements The applicant will comply with any applicable federal nondiscrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (42 U.S.C. § 10604(e)); • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); • the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); Executive Order 13279 (equal protection of the law for -faith based and community organizations); and • 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). The applicant shall further comply with federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. Civil Rights Provision - Prohibition of Discrimination for Recipients of Federal Funds The applicant assures compliance of all applicable nondiscrimination requirements of the Victims of Crime Act. No person in any state shall, on the grounds of race, color, religion, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity receiving federal financial assistance, pursuant to the following statutes and regulations: Section 809(c), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789d, and Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et sea.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Subtitle A, Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 121017 et seq. and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39; Title IX of the Education Amendments of 1972, as Page 4 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB amended, 20 U.S.C. 1681-1683; and the Age Discrimination Act of 1975, as amended, 42 U.S.C. 61017 et seq. 4. Federal Civil Rights Training Recipients of financial assistance from the Department of Justice, such as Victims of Crime Act (VOCA) funds, either awarded directly or through another recipient, must comply with the federal statutes and regulations that prohibit discrimination based on race, color, national origin, sex, religion age, and disability in VOCA-funded programs or activities. As part of its training efforts, the Office for Civil Rights at the Office of Justice Programs has developed an online civil rights training curriculum for recipients. This training, which consist of six segments and accompanying self -tests, is designed to provide recipients with an overview of applicable nondiscrimination laws and the general civil rights obligations that are tied to grants awarded by the Department of Justice. The OCR offers this online version of its training program to ensure that recipients who are unable to participate in an in-person training session can still receive valuable technical assistance. All six Civil Rights training programs are available at http://oip qov/about/ocr/ocr-traininq-videos/video- ocr-traininc . tm The recipient must view the online training at least once every two years. By signing this certification, the applicant acknowledges the viewing of OJP Civil Rights Non -Discrimination training. 5. Notification of Findings of Discrimination or Non -Compliance In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex against the Grantee or a program partner or participant receiving grant funds, the Grantee will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the Department of Commerce (COMMERCE). The Grantee shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice funds are involved, and identify all open grants utilizing U.S. Department of Justice funding by grant number and program title. 6. Equal Employment Opportunity Program (ESOP) The Grantee will determine whether it is required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the Grantee is not required to formulate an EEOP, it will submit a certificate form to the Washington State Department of Commerce (COMMERCE) indicating that it is not required to develop an EEOP. If the Grantee is required to develop an EEOP but not required to submit the EEOP to the OCR, the Grantee will submit a certification to COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the Grantee is awarded a grant of $500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to COMMERCE to claim the exemption. Information about civil rights obligations of Grantees can be found at htto://www.00p.usdoi.gov/ocr/. 7. Grantee Duty to Ensure Subcontractor Compliance The Grantee is required to ensure compliance with these requirements by any program partner or participant receiving funding under this grant. Page 5 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB As the duly authorized representative of the grantee, I hereby certify that the Grantee will comply with the above Civil Rights requirements specified in this Certification Signature Date Suzi Fode Director Name and Title of Authorized Representative New Hope Name of Agency Name and Title of person who completed OJP Civil Rights Non -Discrimination Training (see #4) Most recent date online training was completed Recipients must view the online training at a minimum of every two years for the duration VOCA funding is received. Page 6 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Suzi Fode Director Name and Title of Authorized Representative Signature Date New Hope Name of Organization PO BOX 37 E P H RATA, WA 98823-0037 Address of Organization Page 7 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Certification Regarding Lobbying Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such failure. The undersigned certifies, to the best of their knowledge and belief, that; A. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. If any non -Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit "Disclosure of Lobbing Activities", in accordance with its instructions. OCVA will provide this form, if needed. C. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers and that all sub -recipients shall certify and disclose accordingly. Suzi Fode Director Name and Title of Authorized Representative Signature Date New Hope Name of Organization PO BOX 37 E P H RATA, WA 98823-0037 Address of Organization Page 8 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Certification of Suitability to Interact with Participating Minors To assist OCVA in monitoring new grant requirements for federal funds, please complete this form to certify that your organization has completed the required background checks for all covered individuals that interact with any minor in the course of activities under your grant (employees paid by the grant, volunteers used as match under the grant, and volunteers supporting grant -covered activities). Grantees are required to have documentation that the search was conducted, and this should be maintained in accordance with your document retention policies. Grantee Name: New Hope Grant Number: 23-31310-165 For full list of requirements, Click H® I OCVA FACS is here Background checks must include: • Public sex offender and child abuse websites/registries • Criminal history registries and similar repositories of criminal history records • An eligible fingerprint search/background check has been completed If the applicant determines that no minors will be served by staff being directly charged or staff/volunteers used as match for this federally funded grant, the search is not required. Applicant hereby certifies that the recipient (and any subrecipients) have complied with the above regulations, as applicable. Signature of Authorized Official Name of Authorized Official Suzi Fode Date Page 9 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue. = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Request for Volunteer Requirement Waiver Current VOCA program guidelines requires that grant recipients must use volunteers as a condition of receiving funds unless the state administrator determines there is a compelling reason to waive this requirement. A "compelling reason" may be a statutory or contractual provision concerning liability or confidentiality of counselor/victim information, which bars using volunteers for certain positions, or the inability to recruit and maintain volunteers after a sustained and aggressive effort. If an applicant requests a waiver of the volunteer requirement, the section below must be completed providing a compelling reason why the use of volunteers is not feasible for the agency. I am requesting a waiver for the use of volunteers for my VOLA project/program: Yes ❑ No ❑ If you are requesting a volunteer waiver, provide detailed explanation for your request in the following section. Waivers may only be requested in the following situations: 1. In the case of statutory or contractual provisions that prohibits the use of volunteers. (Attach a copy of the applicable statute or contract.) 2. In the case of a lack of volunteers. If you list this as a reason for the waiver request, you must document the efforts made to recruit volunteers. Our agency is requesting a waiver for the following reason/s: Page 10 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue: = optional field DocuSign Envelope ID: 6115BFE7-93A3-4A30-B208-B7533E63D3CB Subgrant Award Report (SAR) Complete the information below, this will be used by OCVA to complete the federal Subgrant Award Report (SAR) which collects basic information on subgrant recipients and program activities that will be implemented with VOCA plus match funds. How to video is here: https://vimeo.com/365156967 1. Organization Name: New Hope 2. VOCA Crime Victim Assistance Funds Awarded in this grant: $ 3. Sub -Grant Number (number assigned to your contract): 23-31310-165 4. Budget and Staffing Indicate below the requested information based on the subrecipient's current fiscal year. Report the total budget available to the victim services program, by source of funding. Do not report the entire agency budget, unless the entire budget is devoted to victim services programs. For example, if VOCA funds are awarded to support a victim advocate unit in a prosecutor's office, only report the budget for the victim advocate unit. Information Requested Response Explanation (as required A. Total budget for all victimization The amount reported is for the programs and services $ current fiscal year. Include the subaward amount for this contract/grant. B. Annual funding amounts allocated State funds: Identify by source the amount of to all victimization programs $ funds allocated to the victimization and/or services for the current Local funds: programs/services budget of the fiscal year $ subgrantee agency. DO NOT COUNT FUNDS IN Other federal funds: MORE THAN ONE CATEGORY OTHER FEDERAL includes all Other non-federal: federal funding except the subaward amount reported in Question 2. C. Total number of paid staff for Total Paid Staff: Count each staff member once. all subgrantee victimization Enter Whole Number Both full and part time staff program and/or services should be counted as one staff member. DO NOT prorate based on FTE. D. Number of staff hours funded Number of Hours: through this VOCA award Total COUNT of hours to work by (plus match) for subgrantee's all staff supporting the work of this victimization programs and/or VOCA subaward plus match. services E. Number of volunteerstaff Volunteer Staff: supporting the work of this Enter Whole Number COUNT each volunteer staff VOCA award (plus match) for once. DO NOT prorate based on subgrantee's victimization FTE. programs and/or services F. Number of volunteer hours Number of Hours: supporting the work of this Total count of hours to work byall VOCA award (plus match) for volunteers supporting the work of subgrantee's victimization this VOCA subaward plus match. programs Page 11 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue. = optional field