HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA (002)too
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new beginnings. better tomorrows.
July 26, 2022
Board of Grant County Commissioners
PO Box 37
Ephrata, WA 98823
RE: Signature for DSHS Agreement Number: 2263-43332
Dear Board of County Commissioners:
Please see the attached formal agreement for review and signature.
Contractor: DSHS
Term of Contract Amendment: 7.1.2022 to 6.30.2023
Rurj2ose: This agreement with DSHS is to provide domestic violence community-based
advocacy services, emergency shelter services and domestic violence prevention
activities.
Amount: $530,452
Suzi Fode is requesting your signature on the attached contract.
Thank you for your consideration,
Suzi Fode, Director
Kids Hope and New Hope
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DSHS Central Contracts and Legal Services
3089CS Emergency Domestic Violence Shelter and Supportive Services
County Program Agreement (6-30-2022) Page 1
COUNTY
j State
. a le fSocial
PROGRAM AGREEMENT
DSHS Agreement Number
7 etaet
2263-43332
Community -Based Domestic Violence Program
Emergency Shelter & Supportive Services
This Program Agreement is by and between the State of Washington
Administration or Division
Department of Social and Health Services (DSHS) and the County identified
Agreement Number
below, and is issued in conjunction with a County and DSHS Agreement On
1701 -
General Terms and Conditions which is incorporated b reference.
p Y
County Agreement Number
DSHS ADMINISTRATION
DSHS DIVISION
DSHS INDEX NUMBER
DSHS CONTRACT CODE
Economic Services
Community Services Division
1221
3089CS-63
Administration
DSHS CONTACT NAME AND TITLE
DSHS CONTACT ADDRESS
Maureen Kelly
PO Box 45710
Program Manager
Olympia, WA 98504
DSHS CONTACT TELEPHONE
DSHS CONTACT FAX
DSHS CONTACT E-MAIL
360 790-3245
Click here to enter text.
maureen.kelly@dshs.wa.gov
COUNTY NAME
COUNTY ADDRESS
Grant County
311 W. Third Ave.
Moses Lake WA 98837
COUNTY FEDERAL EMPLOYER IDENTIFICATION
COUNTY CONTACT NAME
NUMBER
Suzi Fode
COUNTY CONTACT TELEPHONE
COUNTY CONTACT FAX
COUNTY CONTACT E-MAIL
509 764-8402
sfode@Qrantcountywa.Qov
IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM
ASSISTANCE LISTING NUMBERS
AGREEMENT?
Yes
16.575; 93.671
PROGRAM AGREEMENT START DATE
PROGRAM AGREEMENT END DATE
MAXIMUM PROGRAM AGREEMENT AMOUNT
07/01/2022
06/30/2023
$530,452.00
EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this
County Program Agreement by reference:
® Exhibits (specify): Exhibit A — Statement of Work (SOW); Exhibit B — Program Requirements; Exhibit C — InfoNet
Data Requirements; Exhibit D — Budget
By their signatures below, the parties agree to the terms and conditions of this County Program Agreement and all
documents incorporated by reference. No other understandings or representations, oral or otherwise, regarding the
subject matter of this Program Agreement shall be deemed to exist or bind the parties. The parties signing below certify
that -they are authorized to sign this Program Agreement.
COUNTY SIGNATURE(S)
PRINTED NAME(S) AND TITLE(S)
DATE(S) SIGNED
q
�
Danny
Dy E Stone, BOCC Chair
DSHS SIGNATURE
PRINTED NAME AND TITLE
DATE
SIGNED
Shannon Williams, Contracts Officer
DSHS/ESA/Community Services Division
DSHS Central Contracts and Legal Services
3089CS Emergency Domestic Violence Shelter and Supportive Services
County Program Agreement (6-30-2022) Page 1
Special Terms and Conditions
1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract,
shall each have the following definitions:
a. "Advocacy" means that the client is involved with an advocate in individual or group sessions with a
primary focus of safety planning, empowerment, and education of the client through reinforcement
of the client's autonomy and self-determination. Advocacy also means speaking and acting for
change or justice with, or on behalf of, another person or cause. Advocacy is survivor -centered and
uses non -victim blaming methods that include:
(1) Identifying barriers and strategies to enhance, safety, including safety -planning.
(2) Clarifying and increasing awareness of the power and control associated with domestic violence
and the options one may have to obtain resources while staying safe.
(3) Supporting independent decision-making based on the unique needs and circumstances of
each individual.
b. "Advocate" means a trained staff person who works in a domestic violence program and provides
advocacy to clients.
c. "Child care" means the temporary care of a client's child or children by staff of the domestic
violence program at the program's location or another location where the client is receiving
confidential or individual services from the domestic violence program or is participating in activities
sponsored by the domestic violence program, other than employment, and so long as the client
remains on the premises.
d. "ChildrenNouth Activities" means age-appropriate activities other than children/youth advocacy,
such as recreational and educational activities.
e. "ChildrenNouth Advocacy" means age-appropriate supportive services that strives to assist
children/youth to express feelings about their exposure to domestic violence. It is an educational,
rather than a therapeutic service, and is focused on providing education about domestic violence,
safety planning, and developing or enhancing problem -solving skills. Advocacy can be provided on
an individual basis and in group settings.
f. "Client" means a victim of domestic violence who is accessing services at a domestic violence
program. A client may also be referred to as a survivor, service recipient, or resident.
g. "Community advocate" means a person employed or supervised by a domestic violence program
who is trained to provide ongoing assistance and advocacy for victims of domestic violence in
assessing and planning for safety needs, making appropriate social service, legal, and housing
referrals, providing community education, maintaining contacts necessary for prevention efforts,
and developing protocols for local systems coordination.
h. "Community -Based Domestic Violence Program" or "CBDVP" means an organization that provides,
as its primary purpose, assistance and advocacy for domestic violence victims. Domestic violence
assistance and advocacy includes crisis intervention, individual and group support, information and
referrals, and safety assessment and planning. Domestic violence assistance and advocacy may
also include, but is not limited to, provision of shelter; emergency transportation; self-help services;
culturally specific services; legal advocacy; economic advocacy; and accompaniment and advocacy
through medical, legal, immigration, human services, and financial assistance systems. CBDVPs
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Special Terms and Conditions
also provide community education and prevention efforts. Domestic violence programs that are
under the auspices of, or the direct supervision of, a court, law enforcement or prosecution agency,
or the child protective services section of the department as defined in RCW 26.44.020 are not
considered CBDVPs.
i. "Community Education" means information that is provided in community settings about domestic
violence and services related to victims of domestic violence. Community education activities
include: training, presentations, outreach to specific communities or geographic areas, community
events, and media events.
j. "Compliance Agreement" means a written plan approved by DSHS which identifies deficiencies in
Contractor's performance, describes the steps Contractor must take to correct the deficiencies, and
sets forth timeframes within which such steps must be taken to return Contractor to compliance with
the terms of the Contract.
k. "Confidential Communication" means all information, oral, written or nonverbal, that is transmitted
between a victim of domestic violence and an employee or volunteer of a domestic violence
program in the course of their relationship and in confidence, which means that the employee or
volunteer will not disclose the information to a third person unless authorized in writing by the
victim.
"Confidential Information" includes, but is not limited to, any information, advice, notes, reports,
statistical data, memoranda, working papers, records or the like, made or given during the
relationship between a victim of domestic violence and a domestic violence program, however
maintained. Confidential information includes personally identifying information (see definition
below) and other information that would personally identify a victim of domestic violence who seeks
or has received services from a domestic violence program.
m. "Crisis Hotline" or "Crisis Helpline" means a designated telephone line of the domestic violence
program that operates twenty-four (24) hours a day, three hundred sixty-five (365) days a year. A
hotline/helpline provides crisis intervention, safety planning, information, and referral services.
n. "Crisis Intervention" means services provided to an individual in crisis to stabilize an individual's
emotions, clarify issues, and provide support and assistance to help explore options for resolution
of the individual's immediate crisis and needs.
o. "Culturally Specific Supportive Services and Prevention Efforts" means services and prevention
efforts created by and for specific cultural populations that have been historically underserved or
unserved. Services and prevention efforts are typically designed by and with individuals from the
specific culture who are cognizant of the specific community generated risks and protective
characteristics and often utilize the language and settings familiar to the population served.
p. "Domestic Violence" means the infliction or threat of physical harm against an intimate partner, and
includes physical, sexual, and psychological abuse against the partner, and is a part of a pattern of
assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over
that intimate partner. It may include, but is not limited to, a categorization of offenses, as defined in
RCW 10.99.020, committed by one intimate partner against another.
q. "Domestic Violence Program" means an agency, organization, or program with a primary purpose
and history of effective work in providing advocacy, safety assessment and planning, and self-help
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Special Terms and Conditions
services for domestic violence victims in a supportive environment, and includes, but is not limited
to, a CBDVP, emergency shelter, or domestic violence transitional housing program.
r. "Emergency Shelter" means a place of supportive services and safe, temporary lodging offered on
a twenty-four hour, seven-day per week basis to victims of domestic violence and their children.
Domestic violence programs may use hotels and motels for victims who need safe shelter, but the
domestic violence program must also have an emergency shelter that meets the requirements of
Washington Administrative Code (WAC) 388-061A. The mere act of making a referral to emergency
shelter is not itself considered provision of emergency shelter.
s. "Intimate Partner" means a person who is or was married., in a state registered domestic
partnership, or in' an intimate or dating relationship with another person at the present or at some
time in the past. An intimate partner is also any person who has one or more children in common
with another person, regardless of whether they have been married, in a domestic partnership with
each other, or lived together at any time.
t. "Job Shadowing" means a work experience where an individual observes and learns about a job,
activity, or activities by walking through the work day as a shadow to a skilled and competent
employee. The experience is planned for and structured with the goal of observing behavior and
situations, engaging in interactive questions and answers, and experiencing the link between
learning and practice. Job shadowing may be anywhere from a few hours, to a day, week, or more,
depending on the job or activity.
U. "Legal Advocacy" means personal support and assistance with victims of domestic violence to
ensure their interests are represented and their rights upheld within the civil and criminal justice
systems, including administrative hearings. It includes educating and assisting victims in navigating
the justice systems; assisting victims in evaluating advantages and disadvantages of participating in
the legal processes; facilitating victims' access and participation in the legal systems; and
promoting victims' choices and rights to individuals within the legal systems.
V. "Legal Advocate" means a person employed by a domestic violence program or court system to
advocate for victims of domestic violence, within the civil and criminal legal systems and
administrative hearings, by attending court proceedings, assisting in document and case
preparation, and ensuring linkage with the community advocate.
W. "LEP" means Limited English Proficiency, and indicates an individual's need for additional support
and assistance in comprehending the English language.
X. "Live Training" means events that are held at a specific time and not prerecorded, where
participants have the opportunity to ask questions and hear the questions of others in real time.
Examples of live training include events that are in person, teleconferences, and interactive.
y. "Lodging Unit" means one or more rooms used for a victim of domestic violence including rooms
used for sleeping or sitting.
Z. "Match" means the Contractor's share of the contracted program costs. Match may either be "in-
kind" or "cash." Cash match includes actual cash spent by the Contractor to support the contracted
services such as non-federal money contributions from public agencies and private organizations or
individuals, such as donations. In-kind match includes the value of donated goods and services
used to support the contracted services. In-kind contributions can include such things as donations
of expendable equipment; office supplies; workspace; and the monetary value of time contributed
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County Program Agreement (6-30-2022)
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Special Terms and Conditions
by professionals, technical personnel, and other skilled and unskilled labor (volunteer), so long as
the donated services provided are an integral part of the funded program. All match shall be
documented.
aa. "Personally Identifying Information" means individually identifying information for or about an
individual including information likely to disclose the location of a victim of domestic violence,
regardless of whether the information is encoded, encrypted, hashed, or otherwise protected,
including, but not limited to:
(1) First and last name;
(2) Home or other physical address;
(3) Contact information (including postal, email or Internet protocol address or telephone or
facsimile number);
(4) Social security number;
(5) Driver's license number, passport number, or student identification number;
(6) Religious affiliation;
(7) Date of birth;
(8) Nine digit postal (ZIP) code;
(9) Physical appearance of;
(10) Case file or history; and
(11) Other information that would personally identify a victim of domestic violence who seeks or has
received services from a domestic violence program, or such other information which, taken
individually or together with other identifying information, could identify a particular individual.
bb. "Prevention" means efforts that are designed to ultimately eradicate domestic violence through the
promotion of healthy, respectful, and nonviolent relationships. Successful domestic violence
prevention efforts address change at both the individual and community levels, and tailor messages
to diverse populations. Characteristics of promising prevention practices include working to
decrease risk factors for perpetration of abuse as well as victimization, while at the same time
promoting positive factors that protect individuals from perpetrating or experiencing abuse.
(1) Domestic violence prevention includes strategies, policies and programs that focus on at least
one (1) of the following:
(a) Increasing community dialogue about the root causes of intimate partner violence
(b) Shifting cultural norms
(c) Building skills for healthy relationships
(d) Promoting respectful and healthy relationship
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Special Terms and Conditions
(2) Examples of activities that are not considered prevention include:
(a) Community education as defined in this Contract;
(b) Transformative and restorative justice efforts;
(c) Single session or one-time activities, such as trainings, presentations, or events;
(d) Activities that focus on defining domestic violence, or teaching data, dynamics, and the
impacts of domestic violence;
(e) Providing information on how to access domestic violence services or how to help others
in accessing services;
(f) Support groups as defined in this Contract (support groups are considered a supportive
service); and
(g) Activities that focus on improving responsiveness to domestic violence survivors by
community members or system partners.
cc. "Resident" means a client of the domestic violence program who is residing in a shelter as defined
in this Contract.
dd. "Safety Planning" means a process of thinking through with the victim how to increase safety for
both the victim of domestic violence and any children of the victim. Safety planning addresses both
immediate and long term risks, barriers, or concerns regarding the victim and any dependent
children in the context of their communities and in relationship with the domestic violence
perpetrator. It is based on knowledge about the specific pattern of the domestic violence
perpetrator's tactics and the protective factors of the victim and any dependent children. Safety
planning can be done formally, informally, in writing or orally, or in any other conversational process
between the victim and advocate.
ee. "Secretary" means the department secretary or the secretary's designee.
ff. "Self -study" is a form of study in which one is, to a large extent, responsible for one's own
instruction. Examples of self -study include reading articles, books, academic journals, training
materials, engaging in online learning opportunities, and prerecorded webinars. Self -study content
must be current or have historical relevance to the domestic violence advocacy field.
gg. "Shelter" means temporary lodging and supportive services, offered by a CBDVP to victims of
domestic violence and their children.
hh. "Staff' means trained persons who are part of a domestic violence program and are paid or
volunteer to provide services to clients.
ii. "Subcontractor" means an individual or entity to perform all or a portion of the duties and obligations
that the Contractor is obligated to perform pursuant to this Contract. The Contractor shall have a
written subcontract for any service required by the contract that is performed for a fee by an entity
who is not an employee of the contracted program. Subcontracting for certain services may be
necessary for the Contractor, but in all cases shall require prior written approval by DSHS. Any
subcontractor shall meet the same contractual requirements as the Contractor.
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jj. "Support Group" means interactive group sessions of two or more victims of domestic violence that
is facilitated by trained staff on a regular basis. Participants share experiences, offer mutual
support, and receive information and education around a specific topic of common interest.
Support groups validate the experiences of victims, explore options, build on strengths, and respect
participants' rights to make their own decisions. A shelter or house meeting where, for example,
chores are discussed, and there is no advocacy provided, is not a support group.
kk. "Supportive Services" means assistance and advocacy for victims of domestic violence and their
children that are designed to meet the needs of victims and children and provided in accordance
with the service model defined in this chapter. Supportive services include, but are not limited to,
activities described in the definition of CBDVP.
II. "Underserved" or "Unserved Populations" means populations who face barriers in accessing and
using victim services, including populations underserved or unserved because of religion, sexual
orientation, or gender identity or expression, underserved or unserved racial and ethnic populations,
and populations underserved because of special needs including language barriers, disabilities,
immigration status, and age.
mm. "Victim" means an intimate partner who has been subjected to domestic violence.
nn. "WAC" means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation.
http://app.leg.wa.gov/wac/
2. Purpose
The purpose of this Contract is to provide emergency domestic violence shelter and advocacy and
assistance (supportive services) to residential and non-residential victims of domestic violence and any
dependent child(ren) of the victim. In performing the services, requirements and activities covered by
this Contract, the Contractor shall comply with all applicable requirements of the federal Family
Violence Prevention and Victims of Crime Act grants, and the provisions of RCW 70.123 and
Washington Administrative Code 388-61A.
3. Statutory or Administrative Rule Changes
In the event that the DSHS should need to incorporate statutory or administrative rule changes relating
to contract services and/or requirements, the parties agree to negotiate in good faith the incorporation
of such additional requirements in this Contract, either by an amendment to this Contract or by a
revised contract that would replace this Contract.
4. Statement of Work — Exhibit A
The Contractor shall ensure that services provided under this Contract at all times meet the
specifications in the Statement of Work attached as Exhibit A.
5. Program Requirements — Exhibit B
The Contractor shall ensure that all qualifications, performance expectations and program requirements
for services provided under this Contract at all times meet the specifications described in the Program
Requirements attached as Exhibit B.
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6. InfoNet Data Requirements — Exhibit C
The Contractor shall comply with the requirements for entering mandatory data into the InfoNet data
collection system, as stated in the InfoNet Data Requirements attached as Exhibit C.
7. Budget — Exhibit D
a. Contractor's budget for providing services under this Contract during the term of the Contract for the
period of performance stated on page 1 of this Contract is attached as Exhibit D. This budget is
based on the Contractor's Renewal Application for funding, as accepted and revised by the DSHS
Program Manager for this Contract. The Renewal Application is incorporated by reference in this
Contract. If the approved budget includes a line item for equipment which was approved for
purchase by the DSHS Program Manager for this Contract, ownership of the equipment shall be
retained by the Contractor.
b. With the exception of Indirect costs, transfer of funds between and among line item budget
categories of the approved Budget must be requested in writing by the Contractor if the cumulative
amount of these transfers exceeds or is expected to exceed $2,000. Budget adjustment requests
must be submitted in writing to the DSHS Program Manager on the Contract Budget Revision
Request, and are subject to justification and negotiation. Approved budget revisions shall be
incorporated by reference into this Contract as Addendums to Budget Exhibit D and shall not
require separate amendments. Transfer of funds to the Indirect Cost line item is prohibited.
c. Notwithstanding any provision of this Contract to the contrary, at any time during the period of
performance, DSHS may analyze Contract expenditures as a proportion of the Contract budget. If
DSHS determines, in its sole discretion, that the Contract funding is underutilized, DSHS, in its sole
discretion, may unilaterally modify the Contract to reduce the balance of the Contract budget.
8. Consideration
a. Maximum Contract Amount. The maximum amount of total compensation payable to the
Contractor for satisfactory performance of the work under this Contract is the amount stated on
page 1 of this Contract under "Maximum Contract Amount".
b. Funds payable under this Contract are from the following sources:
(1) $193,504 is allotted under this Contract from the State of Washington general fund.
(2) $12422 is allotted under this Contract from the State of Washington SFY 23 general fund
Domestic Violence Shelter Proviso.
(3) $01,
.3.......1,allotted under this Contract from the federal Family Violence Prevention and Services
Act (FVPSA) grant. The Assistance Listing Number is 93.671.
(4) X63,395 is allotted under this Contract from the federal Victims of Crime Act (VOCA) victim
assistance grant. The Assistance Listing Number is 16.575. $85,842 of the VOCA funding is
restricted to salaries, benefits, and indirect costs for VOCA and contract eligible staff and
activities as approved by DSHS for Compensation and FTE in the application budget.
c. Allotted funds not expended during the period ending June 30th shall not be carried forward into the
following fiscal year. Contractor shall obligate all funds received under this Contract by the
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Special Terms and Conditions
Contract end date listed on page one of this Contract. All obligated funds shall be liquidated no
later than thirty (30) days after the Contract end date listed on page 1 of this Contract, without
exception.
d. Travel Expenses. Travel expenses incurred or paid by the Contractor 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. Any out-of-state travel must be approved in advance by
the DSHS Contract Manager for this Contract. Travel expenses are included in the maximum
contract amount for this Contract. Current rates for travel may be accessed at
https:Hofm.wa.gov/accounting/administrative-accounting-resources/travel.
9. Billing and Payment
a. The Contractor shall submit a monthly or bimonthly (every two months) invoice for services
performed under this Contract on State of Washington Invoice Voucher forms (Form A-19),
prepared in the manner prescribed by DSHS. Invoices shall not be submitted more frequently than
monthly.
b. The voucher shall be on pre-printed invoice forms provided to the Contractor by DSHS and shall
clearly indicate the contract number, invoice period, and the total reimbursement requested.
c. The invoice shall state the total amount of expenses incurred by the Contractor that is based on the
line items listed in the Budget Exhibit attached as Exhibit D. Contractor shall distinguish between
expenses for "core" services and "prevention" activities. The invoice submittal shall include the
following:
(1) A spreadsheet that includes the Contract budget by line item and category (i.e., core and/or
prevention), amount requested for the invoice by line item and category, YTD (Year -To -Date)
expenditures by line item and category, and Contract balance by line item and category.
(2) An Invoice Documentation worksheet for any salaries, benefits, subcontracted services, and
goods and services expenses the Contractor is charging to the Contract. Items that are eligible
for reimbursement will be those negotiated from the Contractor's application and as agreed to
by DSHS. Contractor shall not submit copies of expenditure source documentation unless
requested by DSHS. The worksheet will be provided by the DSHS Contract Manager.
(3) Upon request by the DSHS Program Manager for this Contract, Contractor shall attach, or
submit, copies of all source documentation for expenditures claimed on invoice vouchers
submitted for payment, in the manner requested by DSHS.
d. The cost or expense billed for each such line item and category shall be charged against the total
amount listed for that line item and category in Exhibit D. The cumulative dollar amount for each
such line item and category, for all invoices submitted by the Contractor, shall not exceed the total
dollar amount stated for that line item and category in the Budget Exhibit, except as provided in
Special Terms and Conditions, Section 7 Budget — Exhibit D, Subsection b., above.
e. A-19 invoice vouchers shall be submitted electronically to the DSHS Contact Name listed on page
1 of this Contract. The Contractor shall contact the DSHS Contact Name listed on page 1 of this
Contract concerning billing questions.
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f. Claims for payment submitted by the Contractor shall be paid by DSHS if received by DSHS no
later than sixty (60) days from the date services were rendered; EXCEPT, the final invoice for
services performed under this Contract shall be submitted to DSHS no later than thirty (30) days
after the Contract end date listed on page 1 of this Contract, without exception.
g. DSHS will not be obligated to pay for services submitted more than three (3) months after the
calendar month in which the services were performed.
h. DSHS shall make payment within thirty (30) days of receipt of a properly completed invoice for
services.
i. Contractor certifies that work performed under this Contract does not duplicate any work to be
charged against any other Contract, subcontract, private grant or other state or federal funding
source.
j. Federal VOCA funds payable under this Contract shall not be used for prevention activities.
k. DSHS may stop payment to the Contractor if reports, activities, or other documentation required
under this Contract are delinquent, i.e., not submitted within ten (10) days of the due date, or are
incomplete.
I. DSHS may, at its sole discretion, withhold or deny payment claimed by the Contractor for services
rendered if Contractor fails to satisfactorily comply with any term or condition of the Contract.
10. Meals and Refreshments — Limitations
With the exception of food purchased by the Contractor for residents of the emergency domestic
violence shelter service, any meals or refreshments provided by the Contractor, as part of the
contracted services provided, are subject to limitations under the RCW and state and federal
regulations as to (1) the circumstances under which they may be provided and claimed as an expense
under the Contract, and as to (2) the amount of that cost that may be claimed for reimbursement from
DSHS under the Contract.
a. Meals, refreshments, or food services provided by the Contractor in connection with services
provided under the Contract must be an integral part of the service or activity provided by the
Contractor and must advance or support the purpose of the Contract for which the services are
provided.
b. The costs for meals, refreshments, food services or other like items, as may be set forth in any
Budget Exhibit for this Contract, are subject to the limitations, and federal laws, regulations, policies
and guidance, per the Office of Justice Programs (OJP) Financial Guide. The OJP Financial Guide
can be accessed at: https:Ho'p.gov/financialguide/DOJ/index.htm.
c. With the exception of food purchased by the Contractor for residents of the emergency domestic
violence shelter service, the cost of any meals provided by the Contractor in connection with the
services provided under this Contract must meet the published requirements and guidelines of the
Office of Financial Management (OFM) applicable to Washington State employees, in order for
DSHS to reimburse the Contractor for such costs.
(1) OFM requirements for reimbursement for meals with meetings may be found at
htt s://www.ofm.wa. ov/sites/default/files/ ublic/le ac / olic /70.15.htm
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(2) OFM rates for reimbursement may be found at https:Hofm.wa.gov/accounting/administrative-
accounti ng-resources/travel.
11. Payment Only for Authorized Services
DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract.
If this Contract is terminated for any reason, DSHS shall pay only for services authorized and provided
through the date of termination.
12. Funding Stipulations
a. Duplicate Billing. The Contractor must not bill other funding sources for services rendered under
this Contract which would result in duplicate billing to different funding sources for the same service.
Furthermore, the Contractor shall ensure that no subcontractor bills any other funding sources for
services rendered under this Contract, which would result in duplicate billing to different funding
sources for the same service.
b. Match. The Contractor shall provide a 20% cash or in-kind match for the federal funds payable
under this Contract as specified in Exhibit D. Match shall not be from federal funds. All funds
designated as match are restricted to the same uses as VOCA and FVPSA federal funds. Match
funds may be expended in a greater proportion to contract funds; however, all match funds must be
expended prior to the close of this Contract. The Contractor may use state funds payable under this
Contract as match toward federal funds payable under this Contract only to the extent necessary to
meet the match required by this Contract. Any excess state funds shall not be used as match
toward federal funds without the prior written permission of DSHS. If state funds are insufficient to
meet the federal match requirement, Contractor shall provide documentation demonstrating
additional match as directed by DSHS.
13. Recovery of Fees for Noncompliance
In the event the Contractor bills for services provided and is paid fees for services that DSHS later finds
were either (a) not delivered (b) unallowable, or (c) not delivered in accordance with applicable
standards or the requirements of this Contract, DSHS shall have the right to recover the fees for those
services from the Contractor, and the Contractor shall fully cooperate during the recovery process.
14. Overpayments and Assertion of Lien
In the event that DSHS establishes overpayments or erroneous payments made to the Contractor
under this Contract, DSHS may secure repayment, plus interest, if any, by requiring the posting of a
bond, assignment of deposit, or some other form of security acceptable to DSHS.
15. Restrictions on Lobbying
In general, as a matter of federal law, federal funds awarded may not be used by the Contractor, or any
Subcontractor 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 from being used by the Contractor, or
any Subcontractor at any tier, to pay any person to influence (or attempt to influence) a federal agency,
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Special Teras and Conditions
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 Contractor (or
Subcontractor) would or might fall within the scope of these prohibitions, the Contractor is to contact
DSHS for guidance, and may not proceed without the express prior written approval of DSHS.
16. Business/Financial Assessment
a. The Contractor authorizes DSHS to obtain a financial assessment and/or credit report of the
Contractor's corporation and/or business, and of the principal owner(s) of the corporation and/or
business, at any time prior to or during the term of this Contract. A "principal owner" includes
person(s) or organization(s) with a 25% or more ownership interest in the business.
b. DSHS may deny, suspend, terminate, or refuse to renew or extend a Contract if, in the judgment of
DSHS, the Contractor or any partner or managerial employee of the Contractor, or an owner of 50%
or more of the Contractor entity, or an owner who exercises control over the Contractor's daily
operations:
(1) Has a credit history which could adversely affect -the Contractor's ability to perform the Contract;
(2) Has failed to meet a financial obligation as the obligation fell due in the normal course of
business; or
(3) Has filed for bankruptcy, reorganization, or receivership within five (5) years of the start date of
the Contract.
17. Compliance Agreement
In the event that DSHS identifies deficiencies in Contractor's performance under this Contract, DSHS
may establish a Compliance Agreement. When presented with a Compliance Agreement, Contractor
agrees to undertake the actions specified in the agreement within the timeframe given to correct the
deficiencies. Contractor's failure to do so shall be grounds for termination of this Contract.
18. Investigations of Contractor or Related Personnel
a. DSHS may, without prior notice, suspend the Contractor's performance of the Contract if the
Contractor, or any partner, officer or director of the Contractor, or a subcontractor, or any employee
or volunteer of the Contractor or a subcontractor, is investigated by DSHS or a local, state or
federal agency regarding any matter that, if ultimately established, could either:
(1) Result in a conviction for violating local, state or federal law, or
(2) In the sole judgment of DSHS, adversely affect the delivery of services under this Contract or
the health, safety or welfare of clients being served by this Contract.
b. Business Automobile Liability Insurance
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Special Terms and Conditions
The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport
clients, including vehicles hired by the Contractor or owned by the Contractor's employees,
volunteers or others, with the following minimum limits: $1,000,000 per accident combined single
limit. The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as
an additional insured.
19. Insurance.
a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided
by RCW 4.92.130, and shall pay for losses for which it is found liable.
b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box
selected, and signing this Agreement, that:
❑ The Contractor is self-insured or insured through a risk pool and shall pay for losses
for which it is found liable; or
F-1 The Contractor maintains the types and amounts of insurance identified below and
shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance
to that effect to the DSHS contact on page one of this Agreement.
Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property
damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000;
General Aggregate - $2,000,000. The policy shall include liability arising out of premises,
operations, independent contractors, products -completed operations, personal injury, advertising
injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected
and appointed officials, agents, and employees shall be named as additional insureds.
c. DSHS may also take other lesser action, including, but not limited to, disallowing a staff member,
employee, or other person associated with the Contractor or subcontractor, from providing services,
or from having contact with clients being served by this Contract, until the investigation is concluded
and a final determination made by the investigating agency.
20. Disputes
a. Either party who has a dispute concerning this Contract may submit a written request for dispute
resolution. The amount of any rate set by law, regulation, or DSHS policy is not disputable. A
party's written request for dispute resolution must include:
(1) A statement identifying the issue(s) in dispute; and
(2) The Contractor's name, address, and contract number.
b. The request must be mailed to the following address within thirty (30) calendar days after the party
could reasonably be expected to have knowledge of the issue which is disputed.
c. A copy of the current DSHS dispute resolution process is available at any time by written request.
d. Requests for dispute resolution or for a copy of the current DSHS dispute resolution process should
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be sent to:
Special Terms and Conditions
Department of Social and Health Services
Attention: Domestic Violence Unit
PO Box 45470
Olympia, WA 98504-5710
This dispute resolution process is the sole administrative remedy available under this Contract.
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EXHIBIT A
STATEMENT OF WORK
Community -Based Domestic Violence Program
Emergency Shelter and Supportive Services
Contractor shall provide the following services and activities as described in this Statement of Work. In
performing the services, requirements and activities covered by this Contract, the Contractor shall comply with
all applicable requirements of the federal Family Violence Prevention (FVPSA) and Victims of Crime Act
(VOCA) grants and the provisions of RCW 70.123 Shelters for Victims of Domestic Violence, and Washington
Administrative Code (WAC) 388-61A.
'I. Service Model
Supportive services and emergency shelters for victims of domestic violence are essential to provide
protection to victims from further abuse and physical harm. Research demonstrates that access to
supportive services that increase a survivor's knowledge of safety planning and awareness of
community resources leads to increased safety and wellbeing over time. Consequently, the model for
providing services must incorporate the following practices:
a. Services provided to victims must include access to safety, advocacy, information about options,
and referrals to helping resources.
b. Services must use a survivor -centered and empowerment model that:
(1) Promotes safety for all victims of intimate partner violence and their children.
(2) Is survivor -centered and treats victims with dignity and respect.
(3) Builds on the strengths and resources of individuals and families, respecting their autonomy and
self-determination.
(4) Supports the relationship between victims and their children.
(5) Offers options and support for autonomous decision-making that is based on the needs and
circumstances of each victim and their family.
(6) Assists individuals and families in accessing protection and services that are respectful and
inclusive of cultural and community characteristics.
(7) Ensures program accountability by involving victims in evaluating the services they receive from
the domestic violence program.
(8) Supports engagement and collaboration with other community agencies and systems for the
purpose of developing a comprehensive response system for victims and their children.
c. The program must refrain from engaging in activities that compromise the safety of victims or their
children.
d. The program must not provide services that blame the victim for the abuse or do not hold the
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abuser accountable for the violence. Such services are ineffective and will likely result in further
harm to the victim, up to and including death.
2. Supportive Services
a. Contractor must provide the following:
(1) Crisis hotline or helpline as defined in WAC 388-61A-1040;
(2) Crisis intervention;
(3) Safety assessment and planning;
(4) Emergency domestic violence shelter as defined in WAC 388-61A-1000 and that meets the
facility standards as defined in WAC 388-61A-1100 through 1205;
(a) Contractor must have a staff person available twenty-four (24) hours a day, three hundred
sixty-five (365) days a year, who is able to assess requests for emergency domestic
violence shelter and arrange for immediate intake into shelter or hotel/motel.
(b) Where an individual is eligible for emergency domestic violence shelter:
i. A staff person must be present to admit an eligible individual into the shelter.
ii. Reasonable efforts must be made by the Contractor to have a staff person present to
admit an eligible individual into a safe home or hotel/motel.
(c) Referrals to other services or domestic violence agencies must be provided to an
individual seeking services when:
i. Contractor's shelter is full.
ii. A client residing in shelter must be transferred to another domestic violence program for
client safety reasons.
iii. The person seeking shelter is ineligible for Contractor's services.
iv. An inappropriate referral was made to Contractor's domestic violence program.
v. The person seeking shelter has problems that require services of another program or
programs before they receive domestic violence services.
(5) A location with a private setting to meet and assist victims of domestic violence who have a
need for community advocacy or supportive services other than emergency domestic violence
shelter (i.e., non-residential services);
(6) Individual advocacy including legal advocacy;
(7) Support groups;
(8) Language and disability access;
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(9) Child care assistance during individual advocacy sessions and support groups for the adult
victim;
(10) Supportive services and resources for children/youth residing in emergency domestic violence
shelter as defined in WAC 388-61 A-1035;
(11) Emergency transportation assistance or access to transportation;
(12) Information and referral;
(13) Community education activities as defined in the Special Terms and Conditions, Section 1; and
(14) Prevention efforts as defined in the Special Terms and Conditions, Section 1.
b. For clients residing in emergency domestic violence shelter, the Contractor:
(1) Must provide clients with access to a trained staff person twenty-four (24) hours a day, three
hundred sixty-five (365) days a year.
(2) Must give clients the opportunity to receive and participate in supportive services during their
stay in shelter.
(3) Cannot require that clients participate in supportive services as a condition of residing in the
shelter.
c. The manner in which supportive services are provided by the Contractor must be in alignment with
the empowerment service model described in this Contract and must also:
(1) Include a discussion of safety and options with each victim of domestic violence seeking
assistance.
(2) Be respectful and respond to each client's life situation, and respect each person's right to self-
determination;
(3) Be provided in a safe and supportive environment that offers the client the opportunity to
examine the events that led to the need for domestic violence services.
(4) Be provided in a private setting for the comfort of the client and to protect confidentiality of
conversations.
3. Multi -County Service Area
Contractors in Chelan/Douglas, Benton/Franklin, Asotin/Garfield, Walla Walla/Columbia,
Stevens/Ferry/Lincoln, and Adams/Grant counties shall provide services in, and demonstrate outreach
to, victims of domestic violence in the county adjacent to the Contractor's primary physical location.
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EXHIBIT B
PROGRAM REQUIREMENTS
Community -Based Domestic Violence Program
Emergency Shelter and Supportive Services
The Contractor shall comply with all program and other requirements for providing services under this
Contract, as set forth below.
1. Acknowledgement of Federal Funding:
Total Amount of Federal Funds Obligated by this Action: $324,526
Total Amount of Federal Funds Obligated by DSHS, including the current financial obligation:
$394,526
Total Amount of the Federal Awards committed by DSHS: $394,526
This subaward may not be used for research and development purposes.
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Family Violence Prevention
Victims of Crime Assistance Grants
& Services State Grants
Amount obligated by this action:
Amount obligated by this action:
$263,395
$619131
Federal Award Date:
Federal Award Date:
09/17/2020
9/20/2021
Federal Award Period:
Federal Award Period:
10/01/2019 - 09/30/2023
10/1/2020 — 9/30/2022
Federal Award Identification Number (FAIN):
Federal Award Identification Number (FAIN):
2020-V2-GX-0022
2102WAFVPS
Total Amount of the Federal Award to
Total Amount of the Federal Award to Washington
Washington State Department of Commerce,
State Department of Social and Health Services:
Office of Crime Victims Advocacy:
$38,159,052
$2,509,577
Awarding Official:
Awarding Official:
Department of Justice, Office of Justice
Department of Health and Human Services,
Programs, Office for Victims of Crime
Administration for Children & Families
Assistance Listing Number (ALN):
Assistance Listing Number (ALN):
16.575
93.671
This subaward may not be used for research and development purposes.
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The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this Contract, shall contain the following statements:
"This project was supported by Grant No. 2020-V2-GX-0022 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.
2. Requirements
The Contractor shall comply with all program and other requirements under this Contract as set forth
below:
a. Contractor shall provide all services in a way that enhances, and does not compromise the safety of
the victims of domestic violence being served.
b. Contractor shall maintain confidentiality of communication and records for any individual provided
direct services funded by the Contract.
c. Contractor is prohibited from charging clients for services provided under this Contract.
d. Contractor shall not use funds payable under this Contract to provide services for domestic violence
abusers and/or perpetrators.
e. Contractor shall not make any direct payment of contract funds to any individual provided services
under this contract.
f. Contractor shall not use an income eligibility standard for individuals seeking services under this
Contract. Services shall be provided to victims of domestic violence without regard to income.
g. Contractor shall not engage in activities that compromise the safety of victims or their children
including, but not limited to, mediation, couples counseling, family counseling or any other manner
of joint victim -offender counseling, mandatory counseling for victims, requiring that victims
participate in criminal proceedings, supporting policies or engaging in practices that impose
restrictive conditions (e.g., attend counseling, or seek an order of protection) on the victim in order
to receive services or when the victim requests that an order of protection be rescinded or modified.
h. Contractor is required to use volunteer(s) in the VOCA-funded program unless the VOCA state
administering agency for this Contract grants a waiver. Contractor must demonstrate in writing a
compelling reason for a waiver of this requirement.
i. Contractor shall provide information regarding the availability of the crime victims' compensation
program administered through the Department of Labor and Industries, and assist victims with
application forms and procedures, obtaining necessary documentation, and/or assisting the victim
in checking on claim status.
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j. Contractor shall provide services to domestic violence victims whether they are the victim of a
federal, tribal, state, or local crime. There is no requirement that a victim have reported the violence
to law enforcement or any other federal, tribal, state, or local entity in order to receive services from
the Contractor.
3. Training and Qualifications
Domestic Violence Staff and Supervisors: Initial, continuing education, and supervisor training of
Contractor staff is critically important. In addition, quality supervision is an integral component for the
provision of excellent advocacy and in supporting staff. Advocates and advocate supervisors must be
able to demonstrate an understanding of the nature and scope of domestic violence as defined, as well
as the historical and societal attitudes in which domestic violence is rooted.
Training must be current and relevant to the provision of empowerment -based advocacy. The
Contractor should also strive to ensure that staff incorporate training on services to marginalized and
underserved populations as part of each advocate's annual continuing education. The Contractor shall
ensure that all staff (paid and volunteers) and staff supervisors, meet the following minimum training
and experience requirements prior to staff providing supportive services.
a. Staff and volunteers providing supportive services and supervisors of staff must obtain a minimum
of twenty (20) hours of initial basic training that covers at least the following topics and skills:
(1) Theory and implementation of empowerment -based advocacy.
(2) The history of the domestic violence movement.
(3) Active listening skills.
(4) Legal, medical, social service, and systems advocacy.
(5) Anti -oppression and cultural competency theory and practice.
(6) Confidentiality and ethics.
(7) Safety planning skills and barriers to safety.
(8) Planning, clarifying issues and options, and crisis intervention.
(9) Providing services and advocacy to individuals from marginalized and underserved populations.
(10) Policies and procedures of the domestic violence program.
b. Initial training must be completed prior to providing supportive services to clients and/or their
dependent children.
c. The recommended format for initial training is live and in-person group sessions.
(1) Structured job -shadowing and self -study may be included as part of the overall initial training.
(2) All Contractor in-house training must be based on a training plan that covers one or more of the
required initial training topics.
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d. Staff and volunteers providing supportive services and staff supervisors must also obtain an annual
minimum of twenty (20) hours of continuing education training beginning in the state fiscal year after
they completed their initial training, and each state fiscal year thereafter.
(1) A minimum of ten (10) hours must be live training on topics specifically focused on serving
victims of domestic violence and their children.
(2) The remaining ten (10) hours of training may be satisfied through self -study on topics
specifically focused on serving victims of domestic violence and their children.
(3) Staff who will be engaged in prevention efforts must incorporate training on prevention as part
of, or in addition to, their annual continuing education requirements.
e. Within six (6) months of being hired as an advocate supervisor and for each year thereafter,
supervisors must obtain a minimum of five (5) hours of training on supervision. Supervision training
can be counted toward the twenty (20) hours of annual continuing education training hours.
f. Contractor staff who do not provide supportive services to clients or their dependent children are
not required to obtain initial and continuing education training as described in this Contract.
Examples of staff that are included in this category are individuals providing child care assistance
as defined in this Contract, and bookkeeping and accounting staff. It is recommended, however,
that staff who come into contact with clients of the domestic violence program and their dependent
children, but who do not provide supportive services, receive training on the following:
(1) Confidentiality.
(2) Relevant policies and procedures of the domestic violence program.
(3) Mandated reporting of child abuse/neglect as required by RCW 26.44, Abuse of Children.
g. Supervisors of staff providing supportive services to domestic violence clients shall meet the
following minimum experience and training requirements prior to being hired as a supervisor:
(1) Two (2) years of experience providing advocacy to victims of domestic violence within a
domestic violence program. Domestic violence program means an agency that provides
advocacy for domestic violence clients in a safe, supportive environment as defined in RCW
70.123.
(2) Fifty (50) hours of training on domestic violence issues and advocacy within three (3) years prior
to being hired as a supervisor.
h. Initial and continuing education training received by staff and supervisors of staff providing direct
services to victims of domestic violence must be entered in the Staff Training section of InfoNet.
4. Service Outcome Data Collection
a. Outcome Evaluation Questions. As a condition of receiving federal Family Violence Prevention and
Services Act (FVPSA) funding as part of this Contract, Contractor shall collect and report client
responses to the outcome evaluation questions in the Table below.
Outcome Evaluation Questions
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Table
Service
Outcome Evaluation Question
Response Options
Emergency Domestic
Because of my experience in the shelter, I feel
I know more ways to plan for my safety ❑ Yes ❑ No
Violence Shelter
(please check yes or no):
I know more about community resources ❑ Yes ❑ No
Supportive Services
Because of the supportive services I have
I know more ways to plan for my safety ❑ Yes ❑ No
(non-residential only)
received from this program so far, I feel (please
check yes or no):
I know more about community resources ❑ Yes ❑ No
Support Groups (non-
Because of attending this support group, I feel
I know more ways to plan for my safety ❑ Yes ❑ No
residential only)
(please check yes or no):
I know more about community resources ❑ Yes ❑ No
b. Contractor shall provide service recipients the opportunity to respond confidentially to the outcome
evaluation questions.
c. Contractor shall attempt to achieve a minimum outcome evaluation survey return rate of 34% from
adult residents of emergency domestic violence shelter during the period of this Contract.
d. Contractor shall solicit survey responses from clients in each of the three (3) program service areas
as follows:
(1) All adult victims of domestic violence who receive emergency domestic violence shelter from the
Contractor.
(2) All, or a sample of, adult victims of domestic violence who receive in-person non-residential
supportive services from the Contractor, if the Contractor expends DSHS contract funding to
provide these services.
(3) All, or a sample of, adult victims of domestic violence who participate in non-residential support
groups provided by the Contractor, if the Contractor expends DSHS contract funding to provide
these services.
e. If the Contractor currently receives the same or substantially similar information from service
recipients for reporting to another funding entity, the Contractor may request that DSHS accept that
data for meeting the requirement of this Contract. The Contractor shall submit the same or
substantially similar questions it currently uses to the DSHS Program Manager for review and
approval.
5. Evaluation of Contractor
DSHS may evaluate the Contractor's performance during the term of the Contract. Areas of review
may include, but are not limited to, the following:
a. Effectiveness of services;
b. Timeliness of services provided;
c. Adherence to contract terms; and
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d. Compliance with federal and state statutes.
6. Mandated Reporting of Child Abuse or Neglect
a. The Contractor shall ensure that all current staff who are mandated reporters or who have access
to children read and/or view the materials in the Department of Children, Youth and Families
Mandated Reporter Toolkit within thirty (30) days of the effective date of a first time DSHS Contract
and annually thereafter; and that all newly hired staff who are mandated reporters or who have
access to children read and/or view the materials in the Mandated Reporter Toolkit within two (2)
weeks of initial employment. After reading and/or reviewing the materials, staff shall sign and date a
statement acknowledging their duty to report child abuse or neglect and affirming that they
understand when and how to report suspected child abuse or neglect. The Contractor shall retain
the signed statement in the staff personnel file.
b. The Contractor shall either obtain a copy of the Mandated Reporter Toolkit from DSHS, or access
the Mandated Reporter Toolkit online at: https://www.dc f.wa.gov/safety/mandated-reporter.
7. Child Passenger Restraint Requirements
The Contractor shall at all times comply, and shall ensure that all employees, volunteers and
subcontractors at all times comply, with the child passenger restraint requirements of RCW 46.61.687
when transporting children or providing transportation to children served under this Contract. RCW
46.61.687 may be accessed at:.http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61.687.
Current child passenger restraint requirements may also be accessed on the Washington State Traffic
Safety Commission's website at: https://wtsc.wa.gov.
8. Interpreter Services
a. The Contractor shall provide Limited English Proficient (LEP) clients with certified or otherwise
qualified interpreters and translated documents. The Contractor may use a non -certified interpreter
when a certified interpreter is not available, provided that the interpreter is qualified to act as an
interpreter for the specific service recipient, and the interpreter does not represent a real or
perceived conflict of interest. Family members of the service recipient shall not be used as
interpreters.
b. The Contractor shall provide Deaf, Deaf -Blind, or hard of hearing clients with the services of
certified or otherwise qualified interpreters. The Contractor may use a non -certified interpreter when
a certified interpreter is not available, provided that the interpreter is qualified to act as an
interpreter for the specific service recipient, and the interpreter does not represent a real or
perceived conflict of interest. Family members of the service recipient shall not be used as
interpreters.
c. Interpreter and translation services shall be provided at no cost to the client. All interpreter and
translation costs shall be the financial responsibility of the Contractor.
9. Confidentiality
In addition to the General Terms and Conditions of this Contract regarding Confidentiality, the
Contractor shall ensure that it maintains confidentiality of all client communications and information —
verbal, written, and electronic — to include personally identifying information of the client, unless the
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Contractor has express written authority to release information, or as otherwise provided by law.
Contractor shall ensure that it complies with the privilege and confidentiality provisions of RCW
5.60.060(8) (a -b), RCW 70.123, and RCW 5.60.060(7)(a -b).
Contractor shall comply with section 94.115 of the federal VOLA Victim Assistance Program rules
regarding non -disclosure of confidential or private information, and relevant provisions of the U.S.
Department of Justice, Office of Justice Programs Financial Guide.
Contractor shall comply with section §1370.4 of the federal FVPSA rules that require subgrantees
under FVPSA to protect the confidentiality and privacy of adult, youth and child victims of family
violence, domestic violence or dating violence as posted at: httl2s://www.ecfr.gov/cgi-bin/text-
idx?SI D=42070a8b5269075caf6c6e7ac5d 1 a234&mc=true&node=pt45.5.1370&rg n=div5#se45.5.1370
14
10. Reporting and Record -Keeping
a. The Contractor must collect and maintain data that measure the performance and effectiveness of
work done under this contract.
b. The Contractor shall enter non -personally identifiable client demographic, service and compliance
data required by state and federal fund sources in the InfoNet data collection system. Mandatory
demographic and service data elements are listed in Exhibit C, and shall be entered in accordance
with the data reporting guidance to be provided by DSHS. The Contractor shall maintain
documentation and records that support the data reported in InfoNet.
c. Client demographic and service data shall be entered into, and updated in, InfoNet at least
quarterly. Contractor shall generate InfoNet reports at least quarterly on all clients receiving
services for the previous quarter(s), review the entered data for accuracy, and correct any errors.
Report data shall be due in InfoNet within 15 days of the end of the preceding quarter.
(1) For clients served during the period of this Contract, all demographic, service and compliance
data shall be entered into InfoNet no later thirty (30) days after the Contract end date listed on
page 1 of this Contract.
d. The Contractor shall establish and maintain written procedures for the security of InfoNet use at its
site(s). Procedures shall include:
(1) Only authorized staff are provided access to the InfoNet data and files.
(2) Staff are informed of the need for security and confidentiality of data and files maintained in or
available through the InfoNet system.
(3) That the Contractor shall notify the DSHS Program Manager for this Contract when an
employee is no longer authorized to access the InfoNet system.
11. Cost Allocation
The Contractor shall maintain a current written cost allocation plan. This plan must clearly and
completely describe the methodology used to determine what portion of shared costs will be allocated
to each funding source being billed for such costs.
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12. Client Records
a. Contractor shall maintain a written file for clients who are served pursuant to this Contract. At a
minimum, files shall:
(1) Include an intake that clearly demonstrates each clients eligibility for Contract services.
(2) Be brief in documenting the supportive services provided to the client if written documentation of
services is also maintained in the client file. Service documentation must be entered into
nfo Net.
(3) Document only sufficient information to identify the service provided, and not include any
references to client feelings, emotional or psychological assessments, diagnoses, or similar
subjective observations or judgments. Documentation shall not include any direct quotes from
the client.
(4) Include copies of all required releases and client notices.
b. Where supportive services are provided to child/youth of clients, the Contractor shall:
(1) Document in InfoNet the supportive services provided for each child/youth. Written
documentation shall not be included in the file of the parent/guardian.
(2) Be brief in documenting the supportive services provided to the child/youth if written
documentation of services is also maintained in the file of the child/youth. Service
documentation must be entered into InfoNet.
(3) Document only sufficient information to identify the service provided, and not include any
references to the child/youth's feelings, emotional or psychological assessments, diagnoses, or
similar subjective observations or judgments. Documentation shall not include any direct quotes
from the child/youth.
13. Administrative Records
In addition to any other provisions of this Contract governing maintenance of records, the Contractor
shall retain the following administrative records:
a. Documentation that funds received under this Contract were used only for the purposes and
services allowed by the Contract. Funds received under this Contract shall be clearly distinguished
and accounted for distinctly from other contracts, grants, or other funding sources.
b. Fiscal records that substantiate all costs charged to DSHS under this Contract. Contractor shall
maintain appropriate accounting and auditing procedures to ensure proper documentation, fiscal
control, proper management, and efficient disbursement of Contract funds, and in accordance with
applicable provisions of OMB Uniform Guidance.
c. Documentation of all audits, license reviews, contract monitoring reports, and corrective action
reports and action taken.
d. Copies of all subcontracts or other agreements for subcontracted services and the provider's
qualifications for the service to be performed.
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e. Copy of the Certificate of Insurance for each subcontractor, if required.
f. Contractor shall also retain the following protected group data:
(1) A list of current staff by position (not names) that includes date of birth, gender, and identified
protected group status, including race, Vietnam Era Veteran, Disabled Veteran, and person of
disability.
(2) Data from clients that includes age, gender, and race/ethnicity.
(3) When collecting protected group data, the Contractor shall inform staff and clients that:
(a) Furnishing the information is entirely voluntary; and
(b) The refusal to furnish the data shall not have adverse effects or denial of services.
14. Personnel Records
Contractor shall maintain a personnel record(s) for each staff, paid and volunteer, that includes at least
the following:
a. Application for employment or resume.
b. Criminal history background check verification.
c. Current job description.
d. If applicable, a signed and dated statement acknowledging the duty to report child abuse/neglect.
15. Operating Policies and Procedures
In addition to any other provisions of this Contract governing maintenance of records, the Contractor
shall have written policies and procedures covering the following issues:
a. Confidentiality and protection of client records and communication.
b. Nondiscrimination relating to staff, clients, and provision of services.
c. The provision of bilingual and interpreter services to clients.
d. Responding to subpoenas and warrants.
e. Reporting of child abuse as legally mandated.
f. Client access to their files.
g. Grievance procedure for clients.
h. Prohibiting harassment of service recipients based on race, sexual orientation, gender identity (or
expression), religion, and national origin, and procedures for addressing violations.
i. Emergency procedures for fire, disaster, first aid, medical and police intervention.
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j. Security of InfoNet system by users and the agency.
k. Records retention.
I. Accounting procedures.
m. Personnel policies and procedures.
n. Administrative policies and procedures.
16. Auditing and Monitoring
a. Auditing
(1) Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more
in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and
pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each
audit, the Contractor shall:
(a) Submit to the DSHS contact person the data collection form and reporting package specified
in 2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if
applicable), and a copy of any management letters issued by the auditor;
(b) Follow-up and develop corrective action for all audit findings in accordance with 2 CFR Part
200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status
of all audit findings included in the prior audit's schedule of findings and questioned costs.
(2) Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200.
b. Monitoring
(1) DSHS may schedule on-site monitoring visits with the Contractor to evaluate compliance with
the terms of this Contract and the performance of the program. The Contractor shall provide at
no further cost to DSHS, reasonable access to all program -related records and materials, staff
and/or subcontractor time, and any other documents or information necessary in order to
evaluate contract and program compliance.
(2) DSHS may also conduct an investigation if it receives information that the Contractor is out of
compliance with its Contract in accordance with WAC 388-61A.
ADDITIONAL FEDERAL FUNDING REQUIREMENTS
17. All Subawards ("Subcontracts") Must Have Specific Federal Authorization
As applicable, the recipient ("contractor"), and any subrecipient ("subcontractor") 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
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"subaward" (and therefor does not consider a "procurement contract").
The details of the requirement for authorization of any subaward are posted on the OJP website at
https:Hoip.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards
("subcontracts") must have specific federal authorization), and are incorporated by reference herein.
18. 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 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 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 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP
awards and subawards ("subg rants"), see the OJP website at
https:Hoip.gov/funding/Part2000niform Reg uirements.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.
19. Applicability of Part 75 — Uniform Administrative Requirements, Cost Principles, and Audit
requirements for HHS Awards
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards, at 45
CFR § 75 apply to this Award from HHS.
20. Compliance with the DOJ Grants Financial Guide
The Contractor agrees to comply with the financial and administrative requirements set forth in the
current edition of the Office of Justice Programs Financial Guide, which can be found at
https://oip.gov/financialguide/doi/pdfs/DOJ FinancialGuide. p df. 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/financial-guide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The Contractor agrees to comply
with the DOJ Grants Financial Guide.
21. Compliance with Victims of Crime Act (VOCA) Victim Assistance Program Final Rule
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In performance of the services, requirements, and activities set forth herein, the Contractor shall comply
with all applicable federal requirements of the Victims of Crime Acts Rule as posted at
https://www. fed eraIregister.gov/documents/2016/07/08/2016-16085/victims-of-crime-act-victim-
assistance-program.
22. Compliance with Family Violence and Prevention Services Act (FVPSA) Program Final Rule
In performance of the services, requirements, and activities set forth herein, the Contractor shall comply
with all applicable federal requirements of the Family Violence and Prevention Services Act (FVPSA)
Program Final Rule as posted at https://www.ecfr.gov/c.gi-bin/text-
idx?SI D=42070a8b5269075caf6c6e7ac5d 1 x234&mc=true&node=pt45.5.1370&rg n=div5.
23. Computer Networks
Contractor 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.
24. Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of
the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to
the development of an EEOP (see 28 C.F.R. pt 42, subpt. E) and (2) submitting to the OCR findings of
discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
25. Consultant Fees
Consultant fees may not exceed $650 per day or $81.25 per hour (excluding travel and subsistence
costs).
26. Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
27. Demographic Data
The Contractor assures that its Subcontractors will collect and maintain information on race, sex,
national origin, age, and disability of victims receiving assistance, where such information is voluntarily
furnished by the victim.
Contractors submit this information to DSHS via InfoNet. This is specific to direct victim services.
28. Compliance with Applicable Rules Regarding Approval, Planning, and Reporting of
Conferences, Meetings, Trainings, and Other Events
The Contractor, and any Subcontractors 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.
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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").
29. Determination of Suitability Required, in Advance, for Certain Individuals Who May 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:Hoop.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability
n
required, in advance, for certain individuals who may interact with participating minors), and are
incorporated by reference here.
a. Advance determination regarding suitability. The recipient (and any subrecipient at any tier) may not
permit any covered individual to interact with any participating minor in the course of activities under
the award, unless the recipient or subrecipient first has made a written determination of the
suitability of that individual to interact with participating minors, based on current and appropriate
information as described in paragraph c.(5), and taking into account the factors and considerations
described in paragraph d.
b. Updates and reexaminations
(1) The recipient (or subrecipient) must, at least every five years, update the searches described in
paragraph c.(5)(a) and (b), reexamine the covered individual's suitability determination in light of
those search results, and, if appropriate, modify or withdraw that determination.
(2) The recipient also must reexamine a covered individual's suitability determination upon learning
of information that reasonably may suggest unsuitability and, if appropriate, modify or withdraw
that determination.
c. Definitions
(1) "Covered individual" means any individual (other than a participating minor, as defined in this
condition, or a client of the recipient (or subrecipient)) who is expected, or reasonably likely, to
interact with any participating minor (other than the individual's own minor children). A covered
individual need not have any particular employment status or legal relationship with the recipient
(or subrecipient). Such an individual might be an employee of a recipient (or subrecipient), but
also might be (for example) a consultant, contractor, employee of a contractor, trainee,
volunteer, or teacher.
(2) "Participating minor." All individuals under 18 years of age within the set of individuals described
in the scope section of this condition as it appears on the award document are participating
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minors.
(3) "Interaction" includes physical contact, oral and written communication, and the transmission of
images and sound, and may be in person or by electronic (or similar) means. But "interaction"
does not include:
(a) Brief contact that is both unexpected by the recipient (or subrecipient) and unintentional on
the part of the covered individual -- such as might occur when a postal carrier delivers mail
to an administrative office.
(b) Personally -accompanied contact -- that is, infrequent or occasional contact (for example, by
someone who comes to make a presentation) in the presence of an accompanying adult,
pursuant to written policies and procedures of the recipient (or subrecipient) that are
designed to ensure that -- throughout the contact -- an appropriate adult who has been
determined to be suitable pursuant to this condition will closely and personally accompany,
and remain continuously within view and earshot of, the covered individual.
(4) "Activities under the award." Whether paid for with federal funds from the award, "matching"
funds included in the OJP-approved budget for the award, or "program income" for the award as
defined by the (DOJ) Part 200 Uniform Requirements), activities under the award include both
(a) activities carried out under the award by the recipient (or subrecipient); and
(b) actions taken by an entity or individual pursuant to a procurement contract under the award
or to a procurement contract under a subaward at any tier.
(5) "Current and appropriate information"
In addition to information resulting from checks or screening required by applicable federal,
state, tribal, or local law, and/or by the recipient's (or subrecipient's) written policies and
procedures, current and appropriate information includes the results of all required searches
listed below, each of which must be completed no earlier than six months before the
determination regarding suitability.
(a) Public sex offender and child abuse websites/registries
A search (by current name, and, if applicable, by previous name(s) or aliases), of the
pertinent and reasonably- accessible federal, state, and (if applicable) local and tribal sex
offender and child abuse websites/public registries, including
i. the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov);
ii. the website/public registry for each state (and/or tribe, if applicable) in which the
individual lives, works, or goes to school, or has lived, worked, or gone to school at any
time during the past five years; and
iii. the website/public registry for each state (and/or tribe, if applicable) in which the
individual is expected to, or reasonably likely to, interact with a participating minor in the
course of activities under the award.
(b) Criminal history registries and similar repositories of criminal history records
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For each individual at least 18 years of age who is a covered individual under this FY 2019
award, a fingerprint search (or, if the recipient or subrecipient documents that a fingerprint
search is not legally available, a name -based search, using current and, if applicable,
previous names and aliases) -- encompassing at least the time period beginning five
calendar years preceding the date of the search request -- of pertinent state (and, if
applicable, local and tribal) criminal history registries or similar repositories, including
the criminal history registry for each state in which the individual lives, works, or goes to
school, or has lived, worked, or gone to school at any time during the past five years;
and
ii. the criminal history registry for each state in which he or she is expected to, or
reasonably likely to, interact with a participating minor in the course of activities under
the award.
d. Factors and considerations in determinations regarding suitability
In addition to the factors and considerations that must or may be considered under applicable
federal, state, tribal, or local law, and under the recipient's (or subrecipient's) written policies and
procedures, in making a determination regarding suitability, the recipient (or subrecipient) must
consider the current and appropriate information described in paragraph c.(5).
In particular (unless applicable law precludes it), with respect to either an initial determination of
suitability or a subsequent reexamination, the recipient (or subrecipient) may not determine that a
covered individual is suitable to interact with participating minors in the course of activities under the
award if the covered individual
(1) Withholds consent to a criminal history search required by this condition;
(2) Knowingly makes (or made) a false statement that affects, or is intended to affect, any search
required by this condition;
(3) Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website;
(4) To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a felony or
misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any
substantially equivalent criminal offense, regardless of the specific words by which it may be
identified in law):
(a) sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at
the time of the offense;
(b) rape/sexual assault, including conspiracy to commit rape/sexual assault;
(c) sexual exploitation, such as through child pornography or sex trafficking;
(d) kidnapping;
(e) voyeurism; or
(5) Is determined by a federal, state, tribal, or local government agency not to be suitable.
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e. Administration; rule of construction
(1) The requirements of this condition are among those that must be included in any subaward (at
any tier), and must be monitored. They apply as of the date of acceptance of this award, and
throughout the remainder of the period of performance.
(2) The recipient is to contact the DOJ awarding agency with any questions regarding the
requirements of this condition and must not allow a covered individual to interact with a
participating minor until such questions are answered.
(3) Award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of
actions designed to ensure compliance with this condition, provided that such funds would not
supplant non-federal funds that would otherwise be available for such costs.
(4) 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, state, tribal, or local
law, including any applicable civil rights or nondiscrimination law.
30. Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records
in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.
Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement
Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of
the Civil Rights Act of 1964 (June 2013), available at
https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf.
While organizations may take into account a person's recent criminal history in filling positions that
have contact with vulnerable populations, which may include children, people with severe mental or
physical disabilities, or survivors of sexual assault and other violent crimes, recipients should be mindful
that the misuse of arrest or conviction records to screen either applicants for employment or employees
for retention or promotion may have a disparate impact based on race or national origin, resulting in
unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in
reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the
use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see
below).
31. Equal Employment Opportunity Program
The Contractor certifies that you have verified with the appropriate person in your agency that, as a
recipient of VOCA Contract funds, your agency will complete an EEOP Certification to claim either a
complete exemption or limited exemption from the submission requirement.
A complete exemption means that your agency is not required to prepare an EEOP because it meets
one or more of the following:
a. Recipient has less than 50 employees
b. Recipient is an education institution
c. Recipient is an Indian Tribe
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d. Recipient is a medical institution
e. Recipient is a non-profit organization
f. Recipient's award is less than $25,000
A limited exemption of the submission requirement means that your agency has formulated an EEOP
that has been signed and is available for review because the agency has 50 or more employees and is
receiving a single award or subaward of $25,000 or more, but less than $500,000.
32. Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well
as the recipient's employment practices, to identify possible barriers to the participation of women and
minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may be required to
submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information
on whether your organization is subject to the EEOP requirements, see
https:Hoip.gov/about/ocr/eeor). htm .
m
Additionally, you may request technical assistance from an ESOP specialist at the OCR by telephone at
(202) 616-1771 or by e-mail at.EEOPformspusdo'.gov. See Exhibit B: EEOP Certification form.
33. Equal Opportunity Treatment for Faith Based Organizations
The Contractor agrees to comply with the applicable requirements of 28 CFR Part 38, the Department
of Justice regulation.
34. Partnerships with Faith -Based and Other Neighborhood Organizations: Ensuring Equal
Treatment of Faith -Based Organizations and Safeguarding Constitutional Protections Related to
Religion
The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R.
pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement
agencies, governmental agencies, educational institutions, houses of worship, or faith -based
organizations, from using financial assistance from the DOJ to fund explicitly religious activities.
Explicitly religious activities include worship, religious instruction, or prose lytization. While funded
organizations may engage in non -funded explicitly religious activities (e.g., prayer), they must hold
them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to
participate in them. The regulation also makes clear that organizations participating in programs funded
by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's
religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a
religious practice. Funded faith -based organizations must also provide written notice to beneficiaries,
advising them that if they should object to the religious character of the funded faith based organization,
the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative
service provider. For more information on the regulation, please see the OCR's website at
https:Hojp.gov/about/ocr/partnerships.htm.
State Administering Agencies (SAAs) and faith -based organizations should also note that the Omnibus
Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the
Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. §
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12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment.
Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious
Freedom Restoration Act (RFRA) on a case-by-case basis to permit some faith -based organizations to
receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes
the funding program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the application of RFRA
to the statutes that prohibit discrimination in employment.
35. Examination of Records
The Contractor 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 Contract. The State will further ensure that all VOCA Subcontractors
will authorize representatives of OVC and OCFO access to and the right to examine all records, books,
paper or documents related to the VOCA Contract.
36. FFATA Reporting: Subawards and Executive Compensation
As applicable. The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of $25,000 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:Holp.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
$25,000, 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).
The Department of Commerce, Office of Crime Victims Advocacy submits FFATA information on behalf
of all Grantees and DSHS Contractors.
37. Non -Discrimination Legal Requirements for Recipients of Federal Financial Assistance
Grantee must administer the project in compliance with federal civil rights laws that prohibit
discrimination on the basis of race, color, national origin, disability, age and, in some circumstances,
religion, conscience, and sex (including gender identity, sexual orientation, and pregnancy). This
includes taking reasonable steps to provide meaningful access to persons with limited English
proficiency and providing programs that are accessible to and usable by persons with disabilities. The
HHS Office for Civil Rights provides guidance on complying with civil rights laws enforced by HHS. See
https://www.hhs.gov/civil-rights/for-providers/provider-obligations/index.html.
For information on your specific legal obligations for serving qualified individuals with disabilities,
including providing program access, reasonable modifications, and taking appropriate steps to provide
effective communication, see http://www.hhs.gov/ocr/civilrights/understanding/disability/index.htmi
HHS funded health and education programs must be administered in an environment free of sexual
harassment, see https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/index.htmi
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For guidance on administering your project in compliance with applicable federal religious
nondiscrimination laws and applicable federal conscience protection and associated anti -discrimination
laws, see https://www.hhs.gov/conscience/conscience-protections/index.htmi and
https://www.hhs.gov/conscience/religious-freedom/index.html
38. Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination — 28 C.F.R.
Part 38
The Contractor, and any Subcontractor at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program
beneficiaries and prospective program beneficiaries.
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, a refusal to attend or
participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient 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 the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood
Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr. og v/cgibin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration,
Chapter 1, Part 38, under a -CFR "current" data.
39. Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination — 28 C.F.R.
Part 42
The Contractor, and. any Subcontractor 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.
40. Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination — 28 C.F.R.
Part 54
The Contractor, and any Subcontractor 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."
41. Discrimination Findings
The Contractor 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,
the recipient will forward a copy of the findings to the Office for Civil Rights of OJP.
42. Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse
finding of discrimination based on race, color, national origin, religion, or sex, after a due -process
hearing, from a state or federal court or from a state or federal administrative agency, your organization
must send a copy of the finding to the OCR.
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Contractors must also inform DSHS of this finding.
43. Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount of
the grant award, or the number of employees in the workforce, are subject to prohibitions against
unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of
discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the
OCR selects a number of recipients each year for compliance reviews, audits that require recipients to
submit data showing that they are providing services equitably to all segments of their service
population and that their employment practices meet equal opportunity standards.
44. "Methods of Administration" Monitoring Compliance with Civil Rights Laws and
Nondiscrimination Provisions
As applicable. The recipient'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, the recipient must submit to OJP's Office for Civil Rights (at.
Civil Rig htsMOAPusdoigov) 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 https://o'p.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition:
"Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are
incorporated by reference here.
The Department of COMMERCE, Office of Crime Victims Advocacy is responsible for submitting MOA
of Grantees. DSHS is responsible for monitoring compliance of subrecipients.
45. Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the
basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only
in employment but also in the delivery of services or benefits. A federal law also prohibits recipients
from discriminating on the basis of age in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013.
The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination
grant condition that prohibits discrimination based on actual or perceived race, color, national origin,
religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition
applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed
answers to some frequently asked questions about this provision to assist recipients of VAWA funds to
understand their obligations. The Frequently Asked Questions are available at
https://olp.gov/about/ocr/vawafags.htm.
46. Ensuring the Compliance of Subcontractors
As applicable, the State Administering Agency (Depart of COMMERCE, Office of Crime Victims
Advocacy) must have standard assurances to notify subrecipients (Grantees) of their civil rights
obligations, written procedures to address discrimination complaints filed against subrecipients,
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methods to monitor subrecipients' (Grantees) compliance with civil rights requirements, and a program
to train subrecipients (Grantees) on applicable civil rights laws.
In addition, COMMERCE must submit to the OCR every three years written Methods of Administration
(MOA) that summarize the policies and procedures that they have implemented to ensure the civil
rights compliance of subrecipients (Grantees). For more information on the MOA requirement, see
https:Hoip.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a
recipient of federal financial assistance, please contact us.
47. Federal Non -Discrimination Requirements
a. Contractor will comply with any applicable federal non-discrimination requirements, which may
include:
(1) the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d);
(2) the Victims of Crime Act (VOCA) of 1984 (34 U.S.C. § 20101);
(3) the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
(4) the Civil Rights Act of 1964 (42 U.S.C. § 2000(d));
(5) the Rehabilitation Act of 1973 (29 U.S.C. § 794);
(6) the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);
(7) the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86);
(8) the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);
(9) 28 C.F.R. Part 42 (U.S. Department of Justice Regulations —Nondiscrimination, Equal
Employment Opportunity, Policies and Procedures);
(10) 28 C.F.R. -Part 54 (U.S. Department of Justice Regulations —Nondiscrimination on the
Basis of Sex In Education Programs or Activities Receiving Federal Financial Assistance);
(11) Executive Order 13279 (equal protection of the law for -faith based and community
organizations); and 28 C.F.R. Part 37 ((U.S. Department of Justice Regulations —Equal
Treatment for Faith Based Organizations).
b. Applicant also ensures compliance with Federal law prohibiting Contract recipients from retaliating
against individuals taking action or participating in action to secure rights protected by federal law.
Information about civil rights obligations of Contractors can be found at
http://www.ojp.usdo'.gov/ocr/.
48. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The Contractor and any Subcontractor must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, Contractor, Subcontractor, Subgrantee,
or other person has, in connection with funds under this award -- (1) submitted a claim that violates
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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) mail directed to: Office of the Inspector General, U.S. Department of
Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530;
and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone)
or (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https:Hoig.lustice.gov/hotline.
49. 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 certifications
or assurances 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.
Failure to comply with any one or more of these award requirements -- whether a condition set out in
full below, a condition incorporated by reference below, or a certification or assurance related to
conduct during the award period may result in the Office of Justice Programs ("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.
The Department of Justice ("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.
50. Compliance with General Appropriations -flaw Restrictions on the use of Federal Funds (FY
2019)
a. The Contractor, and any Subcontractor 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, 2019, are set out at
https:Hojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm and are incorporated by
reference here.
b. Should a question arise as to whether a particular use of federal funds by a contractor (or a
subcontractor) would or might fall within the scope of an appropriations -law restriction, the recipient
is to contact DSHS for guidance, and may not proceed without the express prior written approval of
DSHS.
51. Noncompetitive procurement contracts over $150,000
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No VOCA Contract funds will be used to use a noncompetitive approach in any procurement contract
that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to
agreements that, for the purposes of federal grants administration, OJP considers a procurement
"contract" (and therefore does not consider a subaward).
52. 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://oip.qov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post- award
approval required to use a noncompetitive approach in a procurement contract (if contract would
exceed $250,000)), and are incorporated by reference here.
53. Non -supplanting certification
No VOCA Contract funds will be used to supplant existing state, local, or other non-federal funding
already in place to support current services. VOCA Contract 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 Contract, recoupment of
monies provided under this Contract, and civil and/or criminal penalties.
No FVPSA Funds will be used to supplant existing state, local, or other non-federal funding already in
place to support current services. FVPSA Contract Funds will be used to increase the total amount of
funds used for domestic violence 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.
54. Compliance with OJP Training Guiding Principles
Any training or training materials that the Contractor, or any Subcontractor at any tier, develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Contractors and
Subcontractors, available at https:Hoip.gov/funding/olptrainingguidingprinciples.htm.
55. 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), the Department of Justice encourages recipients and sub -
recipients to adopt and enforce policies banning employees from text messaging while driving any
vehicle during the course of performing work funded by this Contract, and to establish workplace safety
policies and conduct education, awareness, and other outreach to decrease crashes caused by
distracted drivers.
56. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including
Reporting Requirements and OJP Authority to Terminate Award)
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a. The Contractor and any Subcontractor 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, Subcontractors, or
individuals defined (for purposes of this condition) as "employees" of the Contractor or of any
Subcontractor.
b. The details of the Contractor's obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at http://oip.gov/funding/Explore/ProhibitedConduct-
Trafficking.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.
57. Required Training for Point of Contact and All Financial Points of Contact
As applicable. The State Administering Agency (Department of COMMERCE) fulfills the requirements
in this section. Contractors 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, 2017, 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
new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after
January 1, 2017, 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 ht, tps:Hojp.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.
58. 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 the Department of COMMERCE. Contractors must work with
their DSHS contract manager regarding requirements related to "de minimis" indirect cost rate.
59. Restrictions and Certifications Regarding Non -Disclosure Agreements and Related Matters
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No Contractor or Subcontractor under this Contract, or entity that receives a procurement contract or
subcontract with any funds under this Contract, 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 forgoing is not intended, and shall not be understood by the agency making this Contract, to
contravene requirements applicable to Standard Form 312 (which relates to classified information),
Form 4414 (which relates to sensitive comportment information), or any other form issued by a federal
department or agency governing the nondisclosure of classified information.
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.
If the Contractor does or is authorized under this Contract to make Subcontractor, procurement
-contracts, or both:
It represents that:
c. it has determined that no other entity that the Contractor's application proposes may or will receive
Contract funds (whether through a Subcontract, 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
d. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
e. it certifies that, if it learns or is notified that any Subcontractor, contractor, or subcontractor entity
that receives funds under this Contract 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 obligation only if
expressly authorized to do so by that agency.
60. Providing Services to Limited English Proficient (LEP) Persons
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In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §
2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful
access to their programs and activities for persons with limited English proficiency (LEP). See U.S.
Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed.
Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in
providing language services to LEP individuals, please see the website https://wvwv.lep.gov.
61. Requirement to Report Actual or Imminent Breach of Personally Identifiable Information (P11)
The Contractor and any subcontractors 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 subcontractor)-- 1) creates,
collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally
identifiable information (Pll)" (2 CFR 200.79) within the scope of an OJP grant -funded program or
activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The Contractor's
breach procedures must include a requirement to report actual or imminent breach of PII to their DSHS
Contractor Manager no later than 24 hours after an occurrence of an actual breach, or the detection of
an imminent breach.
62. Effect of Failure to Address Audit Issues
The Contractor understands and agrees that DSHS may withhold grant funds, or may impose other
related requirements, if (as determined by DSHS or the DOJ awarding agency) the Contractor 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.
63. Employment Eligibility Verification for Hiring Under the Award
As applicable.The recipient (and any subrecipient at any tier) must—
a. Ensure that, as part of the hiring process for any position within the United States that is or will be
funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the
employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C.
1324a(a)(1) and (2).
b. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in
activities under this award of both --
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) 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) and (2).
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
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records of all pertinent notifications and trainings.
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
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.
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.
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.everify.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.
"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.
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.
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) and (2).
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-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to DSHS before award
acceptance. DSHS will contact COMMERCE for guidance.
64. National Environmental Policy Act
The recipient understands that all OJP awards are subject to the National Environmental Policy Act
(NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic
Preservation Act), if applicable.
The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if
the recipient plans to use VOCA funds (directly or through subaward or contract) to undertake any
activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61,
App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and
regulations applicable to the development and implementation of the activities to be funded under this
award.
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65. National VOLA Training
As applicable. The recipient agrees to ensure that at least one key grantee official attends the annual
VOCA National Training Conference. Any recipient unable to attend must get prior approval by OVC in
writing.
DSHS and the Department of COMMERCE attend this training to meet this federal requirement;
Contractors should not plan to attend the training event, attendance is not eligible.
66. Quarterly Performance Reports
As applicable. The recipient agrees to submit (and, as necessary, require sub -recipients to submit)
quarterly performance reports on the performance metrics identified by OVC, and in the manner
required by OVC. This information on the activities supported by the award funding will assist in
assessing the effects that VOCA Victim Assistance funds have had on services to crime victims within
the jurisdiction.
Contractors submit this information to DSHS via InfoNet, and Department of COMMERCE reports to
OVC.
67. Reporting
Contractors will submit quarterly reports on Victims of Crime Act Funding activities.
Contractors must collect and maintain data that measure the performance and effectiveness of work
done under this grant.
If providing direct services or outreach, the Contractor shall submit data quarterly in the InfoNet data
collection system, relative to the provision of Victims of Crime Act Funding services. Report data will be
due in InfoNet no later than the fifteenth day following the end of each quarter.
The Contractor shall submit non -personally identifying demographic, service and compliance data
required by state funding sources in the InfoNet data collection system. The Contractor shall maintain
documentation and records that support the data reported in InfoNet.
The Contractor shall establish and maintain written procedures for the security of InfoNet use at its site.
Procedures shall include:
a. Only authorized staff are provided access to the InfoNet data and files;
b. Staff are informed of the need for security and confidentiality of data and files maintained in or
available through the InfoNet system; and
c. 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.
68. 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
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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.
Contractors report data to their DSHS contract manager, which is further reported to Department of
COMMERCE at nicky.gleason@commerce.wa.gov. See "Reporting" Special Term and Condition. The
Department of COMMERCE will report this data to OJP.
69. Subcontractor Data Collection
Contractor will submit reports, in a form and format to be provided by DSHS and at intervals as agreed
by the parties, regarding work under this Contract performed by subcontractors and the portion of
Contract 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.
70. Subgrant Award Report Form (SAR)
The recipient of the VOCA Victim Assistance Award to Washington State 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.
Contractors submit this information to DSHS, who then submits this information Department of
COMMERCE, who then submits this information to OVC.
71. Requirements Related to System for Award Management and Universal Identifier Requirements
The recipient 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.
The recipient 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/funding/Explore/SAM.htm (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
72. 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
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DOJ, currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReportinq(ab,ojp.usdoj.gov. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure
must include the following: 1. The federal awarding agency that currently designates the recipient high
risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal
awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk
status, as set out by the federal awarding agency.
73. 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 DSHS contract manager at
DVProg ram@-dshs.wagov.
DSHS must notify the Department of COMMERCE, who 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 adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
74. Unreasonable Restrictions on Competition Under the Award: Association with Federal
Government
As applicable. SCOPE. This condition applies with respect to any procurement of property or services
that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any
tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or
the nature of any legal instrument used. The provisions of this condition must be among those included
in any subaward (at any tier).
No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300
(requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal
funding is expended and associated programs are implemented in full accordance with U.S. statutory
and public policy requirements") and 200.319(a) (generally requiring "[a]II procurement transactions [to]
be conducted in a manner providing full and open competition" and forbidding practices "restrictive of
competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do
business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or
subrecipient,at any tier) may (in any procurement transaction) discriminate against any person or entity
on the basis of such person or entity's status as an "associate of the federal government" (or on the
basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except
as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
To the extent that such costs are not reimbursed under any other federal program, award funds may be
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obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure
compliance with this condition.
The term "associate of the federal government" means any person or entity engaged or employed (in
the past or at present) by or on behalf of the federal government -- as an employee, contractor or
subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in
undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on
behalf of) the federal government, and includes any applicant for such employment or engagement,
and any person or entity committed by legal instrument to undertake any such work, project, or activity
(or to provide such goods or services) in future.
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.
75. 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).
The Department of COMMERCE manages this funding period requirement, Contractors must adhere to
the contract period of performance listed on the Contract Face Sheet.
76. VOCA Requirements
As applicable. The recipient 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(a)(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(a)(2); 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.
77. 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 Department of COMMERCE and DSHS monitor
and evaluate risk for Grantees and Contractors. Contractor agrees to comply with any additional
requirements that may be imposed if DSHS has designated the Contractor as "high risk" via risk
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assessment and monitoring procedures.
78. 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:Holp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters,
including Recipient Reporting to FAPIIS), and are incorporated by reference here.
79. Reclassification of Various Statutory Provisions to a New Title 34 of The United States Code
As applicable. On September 1, 2017, various statutory provisions previously codified elsewhere in the
U.S. Code were editorially reclassified 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.
80. Compliance with 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees).
Contractor (and any subcontractor) 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
Contractor shall contact DSHS; DSHS will contact the appropriate awarding agency for guidance.
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EXHIBIT C
INFONET DATA REQUIREMENTS
Community -Based Domestic Violence Program
Emergency Shelter and Supportive Services
Contractor shall use the InfoNet Data system to document all individuals served, services provided, and other
data as specified by this Contract and DSHS. The following are the mandatory data fields that must be
entered by the Contractor into InfoNet. Contractor shall refer to the InfoNet User Manual, the system
administrator, or the DSHS Program Manager with any questions.
1. Client Information
a. Clients and Cases --Demographics
InfoNet requires that each new individual seeking services receive a client ID number. New client
means someone that has never received services before from the program. If an individual that
previously received services from the program returns at a later time to receive domestic violence
services, the program does not issue a new client ID number. Returning clients shall be identified
under their original client I D number. If Contractor provides services for another crime type such as
sexual assault or general crimes, the same client ID number is used, with a new case opened in
I nfoNet to document the sexual assault or general crimes services.
Contractor shall generate an intake in InfoNet for all new clients that are provided services under
this Contract. The following data elements are mandatory for new client intakes:
(1) Client ID Number
(2) Year of Birth
(3) First Contact Date
(4) Race
(5) Ethnicity
(6) Gender
(7) Client Type: Domestic Violence
(8) Disability
(9) Homeless
b. Children and Youth
If the Contractor provides services to dependents of the client, Contractor shall create a record (not
an intake) for each child and enter demographic and service information for each child. The
following data elements are mandatory for this section:
(1) Year of birth
(2) Gender
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(3) Race
(4) Ethnicity
(5) Service(s) provided to the child(ren)
(6) Staff/volunteer who provided the service(s)
(7) Date service(s) provided
(8) Hours of service
(9) Shelter in/out date for the children)
2. Direct Client Services
Contractor shall enter all supportive services provided to individuals served by this Contract. The
following data elements are mandatory:
a. Type of service(s) provided
b. Staff/volunteer who provided the service(s)
c. Date service(s) provided
d. Hours of service
e. Shelter begin/end date for the adult victim
3. Domestic Violence Hotline Calls/Information and Referral Services
Contractor shall enter all contacts that are hotline/crisis telephone calls and requests for information
and referral services, whether by telephone, in-person or some other method. Telephone calls from
clients (new, returning) shall not be entered into this section. Rather, telephone contacts/services
provided to clients shall be documented as Direct Client Services that correlate with their client ID
number. The following data elements are mandatoryfor this section:
a. Date of the call or request
b. Type of intervention or service requested
c. "Unmet Request for Emergency DV Shelter". Unmet request for shelter means that a victim of
domestic violence is seeking emergency shelter from your program but you are unable to provide
emergency shelter because the shelter is at capacity. Do not select the option "Emergency DV
shelter at capacity" if the individual was not provided shelter because their needs were
inappropriate, and therefore ineligible, for the services of your domestic violence program, e.g. non-
domestic violence related homelessness. Do not select option if the caller is not seeking
emergency shelter, or if the caller receives emergency shelter from your program in any capacity
(including shelter in a hotel). The list box includes the following options:
(1) Select An Item (default value)
(2) Emergency DV shelter at capacity
(3) Not eligible for emergency DV shelter
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(4) Other reason unable to shelter
4. Community Education
Community Education is defined as all presentations of information or trainings about domestic violence
and/or services related to victims of domestic violence. Presentations and trainings that are specifically
targeted for audiences of children or youth should be identified as "Youth"; all other presentations and
trainings, including those for mixed age audiences, should be identified as "Adult/Mixed". The
following data elements are mandatory and shall be entered in the DSHS Community Education tab:
a. Date of presentation or training (Non -STOP funded events/activities)
b. Title of presentation or training (text field)
c. Type of Activity (List Box)
The list box includes the following options:
(1) Trainin —Teaching skills to other professionals, institutions, or organizations on domestic
violence.
(2) Presentation —Providing general and/or specific information related to domestic violence and/or
services related to victims of domestic violence.
(3) Outreach — Targeted, proactive movement into a specific community or geographic area for the
purpose of building trust and rapport, so that access to domestic violence services and
information can be increased.
(4) Community Event — Events focused on raising awareness and providing information about
domestic violence, your program and services where the number of recipients of the information
cannot be determined. Examples include rallies, fairs, vigils, and other similar events.
(5) Media (Newspaper, Television or Radio) — Raising awareness about domestic violence and/or
services related to victims of domestic violence by means of appearances on radio/TV,
newspaper articles, producing PSAs and similar media events where the number of recipients of
the information cannot be determined.
d. Audience (List Box)
The list box includes the following options:
(1) Adult/Mixed
(2) Youth
e. Number of participants for Training, Presentation, and Outreach Activities
5. Prevention Activities
Domestic Violence Prevention means efforts designed to ultimately eradicate domestic violence
through the promotion of healthy, respectful, and nonviolent relationships. Prevention activities
promote change at both the individual and community levels, tailor messages to diverse populations.
Prevention activities work to decrease risk factors for perpetration of abuse as well as victimization
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while at the same time promoting positive factors that protect individuals from experiencing or
perpetrating abuse.
The Contractor shall record and report the following information about their Prevention Activities
completed during the period of performance in the DSHS DV Prevention tab:
a. Date of activity (text field)
b. Name of the prevention series or training (text field)
c. Age level of participants (list box)
d. Activity location (list box and text field)
e. Number and frequency of sessions (text field)
f. Number of participants (text field)
6. Staff Training
Initial, continuing education, and supervisor training received by staff and supervisors must be entered
in the Staff Training section of InfoNet. At a minimum, the following data fields must be completed:
a. Training name
b. Training date
c. Number of training hours
d. Individual or organization that sponsored / provided the training
e. Program type
f. Training category
g. Training method
7. End of Year Report
Contractor shall enter the following information in the DSHS Shelter End of Year Report tab. Data
shall be entered into InfoNet and be available for DSHS to download no later than sixty (60) days after
the Contract end date listed on page one of this Contract.
a. Service Outcome Data (See also, Exhibit B, Section 3)
b. Volunteer Information
(1) Number of volunteers in the domestic violence program
(2) Amount of volunteer time (in hours)
c. Responses to Narrative Questions
d. Prevention Efforts Questions
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Exhibit D
BUDGET
Community -Based Domestic Violence Program
Emergency Shelter and Supportive Services
Line Item
Core Amount
Prevention Amount
Total
Salaries
$
281,663.00
$
28,900.00
$
310,563.00
Benef its
$
1123916.00
$
14,757.00
$
127,673.00
Subcontracted Services
$
-
Goods and Services
$
771940.00
$
91276.00
$
87,216.00
Indirect
$
-
Subtotal
$
472,519.00
$
52,933.00
$
5253452.00
Training Bank
$
51000.00
Language Bank
i$
-
Contract Total $ :.530,452.00
Match $ 12,226.00
Indirect:
Contractor's Indirect Cost Rate:
® None
❑ 10% of MTDC
❑ % FNICR
❑ % Indirect Cost Rate Proposal
Match
The Contractor shall provide $ 0 cash or in-kind match for Victims of Crime Act (VOCA) funds payable under
this Contract.
The Contractor shall provide $ 12,226 cash or in-kind match for Family Violence Prevention and Services Act
(FVPSA) funds payable under this Contract.
Match shall not be from federal funds. The Contractor may use state funds payable under this Contract as
match toward federal funds payable under this Contract only to the extent necessary to meet the match
required by this Contract. Any excess state funds shall not be used as match toward federal funds without the
prior written permission of DSHS. If state funds are insufficient to meet the federal match requirement,
Contractor shall provide documentation demonstrating additional match as directed by DSHS.
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