HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SAOAF
K19-081
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Department of Commerce
Grant Agreement with
New Hope
through
Office of Crime Victims Advocacy
Community Services and Housing Division
For
To provide funding in support of the Domestic Violence Legal Advocacy
Program that ensures victims' interests are represented and their rights
upheld within the criminal and civil justice systems.
Start date: July 1, 2019
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TABLE OF CONTENTS
FaceSheet...................................................................................................................................................1
Special Terms and Conditions...................................................................................................................... 2
1. Billing Procedures and Payment................................................................................................. 2
2. Compensation............................................................................................................................. 2
3. Grant Management..................................................................................................................... 3
4. Grant Modification....................................................................................................................... 3
5. Insurance..................................................................................................................................... 3
6. Reporting.....................................................................................................................................4
7. Subgrantee Data Collection........................................................................................................ 5
8. Order of Precedence................................................................................................................... 5
General Terms and Conditions..................................................................................................................... 6
1.
Definitions.......................................................................:............................................................6
2.
Access to Data............................................................................................................................
6
3.
Advanced Payments Prohibited..................................................................................................
6
.4.
All Writings Contained Herein.....................................................................................................
6
5.
Amendments...............................................................................................................................
6
6.
Americans with Disabilities Act (ADA)........................................................................................
7
7.
Assignment..................................................................................................................................7
8.
Attorney's Fees...........................................................................................................................
7
9.
Confidentiality/Safeguarding of Information................................................................................7
10.
Conflict of Interest.......................................................................................................................
7
11.
Copyright Provisions...................................................................................................................
8
12.
Disputes......................................................................................................................................
8
13.
Duplicate Payment......................................................................................................................9
14.
Governing Law and Venue..........................................................................................................
9
15.
Indemnification............................................................................................................................
9
16.
Independent Capacity of the Grantee ...... :.................................. ......
..........................................
9
17.
Industrial Insurance Coverage..................................................................................................
10
18.
Laws..........................................................................................................................................
10
19.
Licensing, Accreditation, and Registration.................................................................................
10
20.
Limitation of Authority................................................................................................................10
21.
Noncompliance With Nondiscrimination Laws..........................................................................10
22.
Pay Equity.................................................................................................................................10
23.
Political Activities.......................................................................................................................
11
24.
Publicity.....................................................................................................................................11
25,
Recapture..................................................................................................................................11
26,
Records Maintenance...............................................................................................................11
27.
Registration With Department of Revenue...............................................................................
11
28.
Right of Inspection....................................................................................................................11
29.
Savings......................................................................................................................................12
30.
Severability................................................................................................................................12
31.
Site Security..............................................................................................................................12
32.
Subgranting...............................................................................................................................12
33.
Survival......................................................................................................................................12
34.
Taxes.........................................................................................................................................12
35.
Termination for Cause / Suspension.........................................................................................12
36.
Termination for Convenience....................................................................................................13
37.
Termination Procedures............................................................................................................13
38.
Treatment of Assets..................................................................................................................14
39.
Waiver.......................................................................................................................................14
M
Attachment A - Scope of Work
Attachment B — Budget
Attachment C - Certification of Experience and Training
Attachment D — Requirement to Report Breach of Confidentiality
FACE SHEET
Grant Number: S20-31108-010
Washington State Department of Commerce
Community Services and Housing Division
Office of Crime Victims Advocacy
DVLA SFY 2020
1. Grantee
2. Grantee Doing Business As (optional) i
Grant, County Of
New Hope
PO Box 37
Ephrata, WA 98823-0037
3. Grantee Representative
4. COMMERCE Representative
Suzi Fode
Cheryl Rasch PO Box 42525
Director
Program Coordinator 98504-2525
sfode@grantcountywa.gov
Phone: (360) 725-2870
(509) 764-8402
Fax: (360) 586-7176 1011 Plum Street SE
cheryl.rasch@commerce.wa.gov Olympia, WA 98501
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$23,247.00
Federal: ❑ State: 0 Other: ❑ N/A: ❑
07/01/2019
06/30/2020
9. Federal Funds (as applicable)
Federal Agency
CFDA Number
N/A
N/A
N/A
10. SWV #
11. UBI #
12. DUNS #
SWV0002426-17
132001884
010202562
13. Grant Purpose
To provide funding in support of the Domestic Violence Legal Advocacy Program that ensures victims' interests are
represented and their rights upheld within the criminal and civil justice systems.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept
the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following
other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work,
Attachment." B" — Budget, Attachment "C" — Certification of Experience and Training, and Application for Funding,
Attachment "D" - Requirement to Report Breach of Confidentiality.
FOR
RGGRANTEE
FOR COMMERCE
lane Klontz, Ass taut Director
Signature
Tom Taylor
lg
Name
Date
BOCC Chair
APPROVED AS TO FORM ONLY
Title
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Date
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. BILLING PROCEDURES AND PAYMENT
The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-19) form provided
by OCVA program staff.
Invoices shall be submitted at least quarterly, but not more often than monthly, on the Invoice Voucher
(A-19) Forms. The Invoice Voucher shall be submitted to Cheryl Rasch, Program Coordinator, Office of
Crime Victims Advocacy, Post Office Box 42525, Olympia, Washington 98504-2525. Invoices can also
be submitted electronically by email to cheryl.rasch@commerce.wa.gov, faxed to (360) 586-7176, or
via Secure Access Washington to the Commerce Contact Management System (CMS).
COMMERCE will pay Grantee upon acceptance of program activities provided and receipt of properly
completed invoices.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be made via electronic funds transfer.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
Payment will be on a reimbursement basis only.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shall
not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subgrantees.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $23,247.00 for the performance of all things necessary
for or incidental to the performance of work as set forth in Attachment A — Scope of Work. Grantee's
compensation for services rendered shall be based in accordance with Attachment B — Budget.
Transfer of funds between line item budget categories must be approved by the Office of Crime Victims
Advocacy (OCVA) program staff. A cumulative.amount of these transfers exceeding ten (10) percent
of the total program budget shall be subject to justification and negotiation between the Grantee and
OCVA, including approval from: the Grantee's signature authority and the relevant OCVA Section
Manager.
Approved expenditures include salary and fringe benefits for the legal advocate and any goods and
services incurred in the direct performance of the work program outlined in this Grant. All costs must be
itemized into the following four categories: salary, benefits, goods and services, or non -client operational
costs.
Travel expenses incurred or paid by the Grantee shall be reimbursed at a rate not to exceed the current
state rate and in accordance with the State of Washington Office of Financial Management Travel
Regulations. Travel expenses are included in the maximum grant amount for this Grant. Current rates
for travel may be accessed at:
https://www. ofm .wa.gov/sites/default/files/public/resources/travel/colorm ap. odf.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
3. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
4. GRANT MODIFICATION
Notwithstanding any provision of this Grant to the contrary, at any time during the grant period,
COMMERCE may, by written notification to the Grantee and without notice to any known guarantor or
surety, make changes within the general scope of the program activities to be performed under this
Grant. All other modifications shall not be valid unless made in writing and signed by the parties, Any
oral understandings and agreements not incorporated herein, unless made in writing and signed by the
parties hereto, shall not be binding.
Notwithstanding any provision of this Grant to the contrary, at any time during the grant period,
COMMERCE 'may analyze grant expenditures as a proportion of the grant budget. If COMMERCE
determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole
discretion, may unilaterally modify the Grant to reduce the balance of the Grant budget. Funds de -
obligated by COMMERCE as a result of a budget reduction may be made available to other grantees
for the provision of eligible program activities.
5. INSURANCE
The Grantee shall provide Insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee
or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within the
state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance
shall name the state of Washington, its agents, officers, and employees as additional insureds under
the insurance policy. All policies shall be primary to any other valid and collectable insurance. The
Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any
insurance cancellation, non -renewal or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section. During
the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar
days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity
to protect against legal liability arising out of Grant activity but no less than $1,000,000 per
occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees provide
adequate insurance coverage for the activities arising out of Subgrants.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the Grantee or its Subgrantee, automobile liability insurance shall
be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Professional Liability, Errors and Omissions Insurance. (This provision applies only if the
grantee or Subgrantees are using the services of licensed professionals to perform services
described under this Grant.) The Grantee shall maintain Professional Liability or Errors and
Omissions Insurance. The Grantee shall maintain minimum limits of no less than $1,000,000 per
occurrence to cover all activities by the Grantee and licensed staff employed or under Grant to the
Grantee. The state of Washington, its agents, officers, and employees need not be named as
additional insureds under this policy.
Government Contractors that Participate in a Self -Insurance Program
Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from
COMMERCE, the Grantee may provide the coverage above under a self-insured/liability pool or self-
insured risk management program. In order to obtain permission from COMMERCE, the Grantee shall
provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage
that outlines coverage limits and deductibles. All self-insured risk management programs or self-
insured/liability pool financial reports must comply with Generally Accepted Accounting Principles
(GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards
Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State
Auditor's annual instructions for financial reporting. Grantees participating in joint risk pools shall
maintain sufficient documentation to support the aggregate claim liability Information reported on the
balance sheet. The state of Washington, its agents, and employees need not be named as additional
insured under a self-insured property/] !ability pool, if the pool is prohibited from naming third parties as
additional insured.
Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self-insurance,
evidencing continued coverage under Grantee's self-insured/liability pool or self-insured risk
management program. Such annual summary of coverage and letter of self-insurance will be provided
on the anniversary of the start date of this Grant.
6. REPORTING
The Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision
of domestic violence legal advocacy services. Report data will be due in InfoNet no later than October
15, 2019; January 15, 2020; April 15, 2020; and with final invoice. In the event your agency cannot
capture in InfoNet at least 15 hours per week of these services to victims of domestic violence, a written
report must be provided to OCVA quarterly to summarize the activities staff accomplished in support of
your community's Domestic Violence Legal Advocacy program.
The Grantee shall submit non -personally identifying demographic, service and compliance data
required by state funding sources in the InfoNet data collection system. The Grantee shall maintain
documentation and records that support the data reported in InfoNet.
The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site.
Procedures shall include:
• only authorized staff are provided access to the InfoNet data and files;
• staff are informed of the need for security and confidentiality of data and files maintained in or
available through the InfoNet system; and
• that the Grantee shall notify the appropriate OCVA Program Coordinator for this Grant when an
employee is no longer authorized to access the InfoNet system.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
7. SUBGRANTEE DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by COMMERCE and at intervals as
agreed by the parties, regarding work under this Grant performed by subgrantee and the portion of
Grant funds expended for work performed by subgrantees, including but not necessarily limited to .
minority-owned, woman -owned, and veteran -owned business subgrantee, "Subgrantee" shall mean
subgrantees of any tier.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable state of Washington statutes and regulations
• Face Sheet
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
• Attachment C — Certification of Experience and Training
• Attachment D — Requirement to Report Breach of Confidentiality
• ' Application for Funding
5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or
Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subgrantee" shall mean one not an employee of the Grantee, who is performing all or part of those
services under this Grant under a separate Grant with the Grantee. The terms "Subgrantee" and
"Subgrantees" means Subgrantee(s) in any tier.
H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with
cgntractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the Grantee's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336 also referred to as
the "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other action
brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A.- "Confidential Information" as used in this section includes:
1) all material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2) all material produced by the Grantee that is designated as "confidential" by COMMERCE; and
3) all personal information in the possession of the Grantee that may not be disclosed under state
or federal law. "Personal information" includes but is not limited to information related to a
person's name, health, finances, education, business, use of government services, addresses,
telephone numbers, social security number, driver's license number and other identifying
numbers, and "Protected Health Information" under the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential Information
is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential
Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall
provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever the Grantor
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
Grantee shall make the changes within the time period specified by COMMERCE. Upon request,
the Grantee shall immediately return to COMMERCE any Confidential Information that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C.- Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within twenty-four (24)
hours of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
10. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may,
in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due notice
and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW and 42.23 RCW; or any similar statute involving the Grantee in the procurement of, or
performance under this Grant.
7
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their Subgrantee(s) must identify any
person employed in any capacity by the state of Washington that worked on the Domestic Violence
Legal Advocacy Program including but not limited to formulating or drafting the legislation, participating
in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24
month period preceding the start date of this Grant. Identify the individual by name, the agency
previously or currently employed by, job title or position held, and separation date. If it is determined by
COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further
consideration for the award of a Grant.
In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the
Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and
are in addition to any other rights and remedies provided by law. The existence of facts upon which
COMMERCE makes any determination under this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this Grant.
11. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by the Grantor. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all
Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials
furnished under this Grant, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received by the
Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
12. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either party may request a dispute hearing with COMMERCE's Director,
who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Grantee's name, address, and Grant number; and
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• be mailed to the Director and the other party's (respondent's) Grant Representative within three (3)
working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
13. DUPLICATE PAYMENT
COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other grant, subgrant, or agreement, for the same services
or expenses.
14. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
15. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state
of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state,
from and against all claims for injuries or death arising out of or resulting from the performance of the
Grant. "Claim" as used in this Grant, means any financial loss, claim, suit, action, damage, or expense,
including but not limited to attorney fees, attributable for bodily injury, sickness, disease, or death, or
injury to or the destruction of tangible property including loss of use resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any Subgrantee or its employees.
The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to Grantee's or any Subgrantee's performance or failure to perform the Grant.
Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or
reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees
and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
16. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent Grantee relationship will be created by this Grant. The Grantee
and its employees or agents performing under this Grant are not employees or agents of the state of
Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or employee
of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make any claim
of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and
control of the work will be solely with the Grantee.
0
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
17. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount
payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the
Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of
Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee.
18. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local,
state, and federal governments, as now or hereafter amended.
19. LICENSING, ACCREDITATION, AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
20. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify,
or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification,
or waiver of any clause or condition of this Grant is not effective or binding unless made in writing and
signed by the Authorized Representative.
21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further grants
with the state. The Grantee shall, however, be given a reasonable time in which to cure this
noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
22. PAY EQUITY
The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated
as equals, consistent with the following:
A, Employees are "similarly employed" if the individuals work for the same employer, the performance
of the job requires comparable skill, effort, and responsibility, and the jobs are performed under
similar working conditions. Job titles alone are not determinative of whether employees are
similarly employed;
B. Grantee may allow differentials in compensation for its workers if the differentials are based in good
faith and on any of the following:
1) A seniority system; a merit system; a system that measures earnings by quantity or quality of
production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
2) A bona fide job-related factor or factors may include, but not be limited to, education, training,
or experience that is: Consistent with business necessity; not based on or derived from a
gender-based differential; and accounts for the entire differential.
10
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
3) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the entire
differential.
This Grant may be terminated by the Department, if the Department or the Department of Enterprise
Services determines that the Grantee is not in compliance with this provision.
23. POLITICAL ACTIVITIES
Political activity of Grantee employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 -1508.
No funds may be used under this Grant for working for or against ballot measures or for or against the
candidacy of any person for public office.
24. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
25. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to
compensate COMMERCE for the noncompliance in addition to any other remedies available at law or
in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
26. RECORDS MAINTENANCE
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Grant.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at all
reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
27. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
28. RIGHT OF INSPECTION
The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any
other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Grant.
11
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
29, SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
30. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for
any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Grant.
31. SITE SECURITY
While on COMMERCE premises, Grantee, its agents, employees, or Subgrantees shall conform in all
respects with physical, fire or other security policies or regulations.
32. SUBGRANTING
The Grantee may only Subgrant work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves Subgranting, the Grantee shall maintain written procedures related to
Subgranting, as well as copies of all Subgrants and records related to Subgrants. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its Subgranting procedures. as they
relate to this Grant; (b) prohibit the Grantee from Subgranting with a particular person or entity; or (c)
require the Grantee to rescind or amend a Subgrant.
Every Subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this Grant. In no event shall the existence of a Subgrant operate to release or reduce the
liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every Subgrant shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the Subgrant.
33. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
34. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
35. TERMINATION FOR CAUSE/SUSPENSION
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant
in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending
or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective
action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or
suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Grant and the replacement or
12
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined
that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault
or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
36. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant COMMERCE may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is
so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for
services rendered or goods delivered prior to the effective date of termination.
37. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may
require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the
performance of such part of this Grant as has been terminated. The provisions of the "Treatment of
Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE
for (i) completed work and services for which no separate price is stated, (ii) partially completed work
and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection
and preservation of property, unless the termination is for default, in which case the Authorized
Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE
may withhold from any amounts due the Grantee such sum as the Authorized Representative
determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. stop work under the Grant on the date, and to the extent specified, in the notice;
B. place no further orders or Subgrants for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Grant that is not terminated;
C. assign to COMMERCE, in the manner, at the times, and to the extent directed the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and Subgrants
so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all
claims arising out of the termination of such orders and Subgrants;
D.. settle all outstanding liabilities and all claims arising out of such termination of orders and
Subgrants, with the approval or ratification of the Authorized Representative to the extent directed
by the Authorized Representative, which approval or ratification shall be final for all the purposes
of this clause;
13
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
E. transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the Grant had been completed, would have
been required to be furnished to COMMERCE;
F. complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which COMMERCE has or may acquire an interest.
38. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item
of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the
Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall
pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this
Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii)
reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this Grant.
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subgrantees.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
14
ATTACHMENT A
SCOPE OF WORK
DVLA SFY 2020
July 1, 2019 through June 30, 2020
New Hope shall provide staff and furnish goods and services necessary to accomplish the activities under
the Domestic Violence Legal Advocacy Program grant funding during the grant period.
This Grant is not a Benefit or Entitlement to the Grantee, It is not to be used to acquire property or services
for the state government's direct benefit. The principle purpose of this Grant is to provide funding for New
Hope to accomplish a public purpose.
Funding from this Grant must be used to support the grantee's domestic violence legal advocacy program
to ensure assistance is available to support a victim's recovery, Grantee must ensure that activities funded
under this Grant program are provided to victims/survivors of both intimate partner and non -intimate
partner domestic violence and are available during grantee's regular business hours. Activities shall
include, but not be limited to:
• active advocacy on behalf of the client;
•
Courtroom /hearing support and preparation for the courtroom;
• assistance with safety planning;
legal education for a client on specific issues;
• assistance in procuring protection/no-contact/restraining/anti-harassment orders;
• assistance in gathering information for divorce/separation and/or child custody/visitation/parenting
plans; and
• referrals to other agencies which can provide information or assistance to the client.
The legal advocate shall have a background in both domestic violence and legal or court -based activities.
Grantee must comply with the provision of services to domestic violence clients as described in WAC 388-61A-
1015. The Grantee shall document in the individual's personnel file and record in InfoNet all training that the
legal advocate has received in accordance with WAC 388-61A-1080.
Funding from this Grant cannot be used for legal representation.
CLIENT RECORDS
Grantee shall maintain a written file for clients who are served pursuant to this Grant. At a minimum, files
shall:
• Include an intake that clearly demonstrates each client's eligibility for domestic violence services.
• Be brief in documenting the advocacy services provided to the client if written documentation of services
is also maintained in the client file.
• 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.
• Include copies of all required releases and client notices,
DELIVERABLES
The grantee shall provide OCVA with the following deliverables:
1. Services — As detailed above
2. Reports — As described in Section 6 of Special Terms and Conditions
3. Vouchers — Must be submitted at least quarterly
ATTACHMENT A
PERFORMANCE MEASURES
Provision of the deliverables listed above will be measured using the following performance measures:
1. At least 15 hours of domestic violence legal advocacy or other related services provided weekly and
documented, using InfoNet or other OCVA approved method
2. 90% of required data will be submitted on time
ATTACHMENT B
BUDGET
BUDGET
TOTAL
Salaries
$
14,946.00
Benefits
$
6,240.00
Goods and Services
$
2,061.00
Total
$
23,247.00
Transfer of funds between line item budget categories must be approved by the Office of Crime Victims
Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the
total program budget shall be subject to justification and negotiation between the Grantee and OCVA,
including approval from the Grantee's signature authority and the relevant OCVA Section Manager.
Travel -expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state
rate and in accordance with the State of Washington Office of Financial Management Travel Regulations,
Current rates for travel may accessed at
httr)s://www.ofm .wa. gov/sites/default/fi les/public/resources/travel/colormap.pdf.
CERTIFICATION OF EXPERIENCE AND TRAINING
July 1, 2019 through June 30, 2020
Name of Agency: New Hope
ATTACHMENT C
I hereby certify that the legal advocates providing Domestic Violence Legal Advocacy services meet the
following experience and training requirements:
Experience
• Two or more years of client -centered advocacy experience
with a domestic violence program.
(If no, please complete supervisor certification below)
Training
• Twenty hours of basic training received in the dynamics and
effects of domestic violence.
Twenty hours of continuing education received per year,
within the last 12 months.
• InfoNet has been updated for the advocate training log
Signature of Authorized Agency Representative
Yes No
W ❑
C -10-l�
Date
If you answered no to any of the training statements, please include the training plan for the
advocate(s) indicating when the requirement will be completed.
ONLY CbMPLE7E THE OERTIFICATI'ON,SELOW IF YOt�ANSV11'ERED "NO" TO ANS OF 0148
ABOVE CLUE&TIONS.,
Supervisor Certification
r(KFCJ
Name of Supervisor
Does the supervisor meet the following requirements?
Yes No
❑ Two years of client centered experience with a domestic violence program
❑ Forty hours of training on domestic violence issues and client centered advocacy
0 InfoNet has been updated for the supervisor training log
ATTACHMENT D
REQUIREMENT TO REPORT ACTUAL OR IMMINENT BREACH
OF PERSONALLY IDENTIFIABLE INFORMATION
The Grantee must have written procedures in place to respond in the event of an actual or Imminent breach
of personally identifiable information (as defined in RCW's 70.123.076, 5.60.060, and 70..123.075) if
Grantee creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
personally identifiable information within the scope of a DVLA grant -funded program or activity.
The Grantee's breach procedures must include a requirement to report actual or imminent breach of
personally identifiable information to the authorized representative identified on the Face Sheet of this Grant
no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
As the duly authorized representative of the Grantee, I hereby certify that. the Grantee will comply with the
above requirement to report actual or imminent breach of personally identifiable information specified in
this Certification. I also understand, as part of grant monitoring, OCVA staff may request a copy of
Grantee's breach procedures.
New Hope
Agency Name
Tom Taylor
Name of Authorized Official
BOCC Chair
Title of Authorized Official
alt o/t`�
Signature of AuthoriAd Ifficial Date