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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA16 0 - 0 / C)- DSHS Central Contract Services Page 1 6024PF Contract Amendment (1-26-2018) DSHS CONTRACT NUMBER: was Dingfcn srat= Department of Social CONTRACT AMENDMENT 1963-59401 7 & Health Services Community Based Domestic Violence Program Emergency Shelter & Supportive Services Amendment No. 02 Transforming lives This Contract Amendment is between the State of Washington Department of Program Contract Number Social and Health Services (DSHS) and the Contractor identified below. 1701 Contractor Contract Number CONTRACTOR NAME CONTRACTOR doing business as (DBA) Grant County New Hope Domestic Violence and Sexual Assault Sery CONTRACTOR ADDRESS WASHINGTON UNIFORM BUSINESS DSHS INDEX NUMBER 311 West Third Avenue IDENTIFIER (UBI) 1221 136-000-784 Moses Lake, WA 98837 - CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Suzi Fode 509 764-8402 509 766-6574 sfode@co.grant.wa.us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Economic Services Administration Community Services Division 3000CC-63 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 ADDRESS (360)790-3245 Click here to enter text. kelt ma dshs.wa. ov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBERS No I AMENDMENT START DATE CONTRACT END DATE 02/03/2020 06/30/2020 PRIOR MAXIMUM CONTRACT AMOUNT AMOUNT OF INCREASE OR DECREASE TOTAL MAXIMUM CONTRACT AMOUNT $516,039.00 $0.00 $516,039.00 REASON FOR AMENDMENT; CHANGE OR CORRECT OTHER: SEE PAGE TWO ATTACHMENTS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this Contract Amendment by reference: ❑ Additional Exhibits (specify): This Contract Amendment, including all Exhibits and other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties as changes to the original Contract. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract Amendment shall be deemed to exist or bind the parties. All other terms and conditions of the original Contract remain in full force and effect. The parties signing below warrant that they have read and understand this Contract Amendment, and have authority to enter into this Contract Amendment. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Tom Taylor, BOCC Vice Chair / / JTI T Richard Stevens, BOCC Member �( i3` 40 DSHS SIG IATURE PRINTED NAME AND TITLE DATE SIGNED Robert P. Bouick Contracts Officer 1/24/2020 DSHS Central Contract Services Page 1 6024PF Contract Amendment (1-26-2018) This Contract between the State of Washington Department of Social and Health Services (DSHS) and the Contractor is hereby amended as follows: Exhibit B - Program Requirements is deleted in its entirety and replaced with the following: 1. Acknowledgement of Federal Funding Amount obligated by this action: $ 267,720 Federal Award Date: 10/1/2017 — 9/30/2021 Federal Award Identification Number (FAIN): 2018-V2-GX-0046 Total Amount of the Federal Award to Washington State Department of Commerce, Office of Crime Victims Advocacy: $74,702,737.00 Awarding Official: Department of Justice, Office of Justice Programs, Office for Victims of Crime CFDA Number: 16.575 This award is not for research and development. 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. 2018-V2-GX-0046 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. 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. DSHS Central Contract Services Page 2 6024PF Contract Mrenbment (1 .26-2018) This Contract between the State of Washington Department of Social and Health Services (DSHS) and the Contractor is hereby amended as follows: Exhibit B - Program Requirements is deleted in its entirety and replaced with the following: 1. Acknowledgement of Federal Funding Amount obligated by this action: $ 267,720 Federal Award Date: 10/1/2017 — 9/30/2021 Federal Award Identification Number (FAIN): 2018-V2-GX-0046 Total Amount of the Federal Award to Washington State Department of Commerce, Office of Crime Victims Advocacy: $74,702,737. 00 Awarding Official: Department of Justice, Office of Justice Programs, Office for Victims of Crime CFDA Number: 16.575 This award is not for research and development. 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. 2018-V2-GX-0046 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. 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. DSHS Central Contract Services Page 2 6024PF Contract Amendment (1-26-2018) 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. 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 a. 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. b. 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. (1) 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: (a) Theory and implementation of empowerment -based advocacy. (b) The history of the domestic violence movement. (c) Active listening skills. (d) Legal, medical, social service, and systems advocacy. (e) Anti -oppression and cultural competency theory and practice. (f) Confidentiality and ethics. (g) Safety planning skills and barriers to safety. DSHS Central Contract Services Page 3 6024PF Contract Amendment (1-26-2018) (h) Planning, clarifying issues and options, and crisis intervention. (i) Providing services and advocacy to individuals from marginalized and underserved populations. (j) Policies and procedures of the domestic violence program. (k) Initial training must be completed prior to providing supportive services to clients and/or their dependent children. (1) The recommended format for initial training is live and in-person group sessions. Structured job -shadowing and self -study may be included as part of the overall initial training. All Contractor in-house training must be based on a training plan that covers one or more of the required initial training topics. (2) 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 their second year with the domestic violence program, and in every year thereafter. (3) A minimum often (10) hours must be live training on topics specifically focused on serving victims of domestic violence and their children. (4) 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. (5) 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. (6) 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: (a) Confidentiality. (b) Relevant policies and procedures of the domestic violence program. (c) Mandated reporting of child abuse/neglect as required by RCW 26.44, Abuse of Children. (7) 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: (a) 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. (b) Fifty (50) hours of training on domestic violence issues and advocacy within three (3) years DSHS Central Contract Services Page 4 6024PF Contract Amendment (1-26-2018) prior to being hired as a supervisor. (8) 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. See Exhibit C, InfoNet Data Requirements, for the required data elements. 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 Table below. Outcome Evaluation Questions TABLE Service Outcome Evaluation Question Response Options Emergency Domestic Because of my experience in the shelter, I I know more ways to plan for my safety ❑ Yes [:]No Violence Shelter feel (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 I know more ways to plan for my safety ❑ Yes ❑ No residential only) feel (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 DSHS Central Contract Services Page 5 6024PF Contract Amendment (1-26-2018) 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 d. Compliance with federal and state statutes. 6. Criminal History Background Check The Contractor shall initiate a criminal history background check pursuant to RCW 43.43.832, 43.43.834, and 43.20A.710 or successor statutes for all current employees, volunteers, subcontractors and other persons who may have unsupervised access to children, developmentally disabled persons, or vulnerable adults. Such persons shall not have unsupervised access to children, developmentally disabled persons, or vulnerable adults until a satisfactory background check is completed and documentation qualifying the individual for unsupervised access is returned to the Contractor. 7. Mandated Reporting of Child Abuse or Neglect 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 (DCYF) 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. The Contractor shall either obtain a copy of the Mandated Reporter Toolkit from DSHS, or access the Mandated Reporter Toolkit online at: https://www dcvf wa -goy/safety/mandated-reporter. 8. 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 hftp://apps.leg.wa.gov/RCW/default.aspx?cite=46.61.687 Current child passenger restraint requirements may also be accessed on the Washington State Safety Restraint Coalition's website at htti)://www.800buckluK).org/. 9. Interpreter Services DSHS Central Contract Services Page 6 6024PF Contract Amendment (1-26-2018) 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. 10. 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 -counselor communications and information — verbal, written, and electronic — to include personally identifying information of the client, unless the 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 WAC 388-61 A. Contractor shall comply with section 94.115 of the federal VOCA 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. 11. Reporting and Record -Keeping a. The Contractor must collect and maintain data that measure the performance and effectiveness of work done under this grant. 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. d. 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. e. The Contractor shall establish and maintain written procedures for the security of InfoNet use at its site(s). Procedures shall include: DSHS Central contract Services Page 7 6024PF Contract Amendment (1-26-2018) (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. 12. 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. 13. Client Records a. Contractor shall maintain a written file for clients who are served pursuant to this Contract. At a minimum, the files shall: (1) Include an intake that clearly demonstrates each client's eligibility for domestic violence 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 InfoNet. (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. 14. 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 DSHS Central Contract Services Page 8 6024PF Contract Amendment (1-26-2018) 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. 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. 15. 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. Signed and dated statement acknowledging the duty to report child abuse/neglect. 16. 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. DSHS Central Contract Services 6024PF Contract Amendment (1-26-2018) Page 9 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. 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. 17. Monitoring a. 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. b. DSHS may also conduct an investigation if it receives information that the Contractor is out of compliance with its Contract in accordance with WAC 388-61 A. ADDITIONAL FEDERAL FUNDING REQUIREMENTS 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 FY2018 award from OJP The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://o'p.qov/funding/Part200UniformRequirements.htm. DSHS Central Contract Services Page 10 6024PF Contract Amendment (1-26-2018) 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. Compliance with 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 httos://o'i).aov/financialauide/doi/odfs/DOJ FinancialGuide.odf. 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 httos:Ho'p.goy/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. 20. Compliance with Victims of Crime Act (VOCA) Victim Assistance 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 Victims of Crime Acts Rule as posted at httos://www federalregister oov/documents/2016/07/08/2016-16085/victims-of-crime-act-victim- assistance-program. 21. 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. 22. Conferences, Meetings, and Trainings The Contractor, and any Subcontractors, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 23. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP) 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. DSHS Central Contract Services Page 11 6024PF Contract Amendment (1-26-2018) 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 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. 24. 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. 25. 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. 26. 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); DSHS Central Contract Services Page 12 6024PF Contract Amendment (1-26-2018) (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. Contractor 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.omp.usdoo.gov/ocr/. 27. Fraud, Waste, Abuse, or Misconduct The Contractor, and any Subcontractor at any tier, must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, Contractor, Subcontractor, Subgrantee, or other person has either 1) submitted a false claim for grant funds under 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 involving grant funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by: Mail: Office of the Inspector General Email: oig.hotline0 usdoi.gov U.S. Department of Justice Hotline: (800) 869-4499 Investigations Division Hotline fax: (202) 616-9881 950 Pennsylvania Avenue, NW Room 4706 Washington, DC 20530 28. General appropriations -law restrictions on the use of federal funds 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, 2017, are set out at httos://oio.gov/funding/Explore/FY17AoorooriationsRestdctions.htm and are incorporated by reference here. 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. 29. Noncompetitive procurement contracts over $150,000 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). 30. 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 DSHS Central Contract Services Page 13 6024PF Contract Amendment (1 -26-2018) 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. 31. 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 httos://oio.gov/funding/oiptrainingnuidinai)dnciples.htm. 32. Reducing 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. 33. Requirement Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including Reporting Requirements and OJP Authority to Terminate Contract) 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. 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:Hoap.cioy/funding/Explore/ProhibitedConduct-Trafficking.htm (Contract condition: prohibited conduct by Contractors and Subcontractors related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 34. Restrictions and Certifications Regarding Non -Disclosure Agreements and Related Matters 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 DSHS Central Contract Services Page 14 6024PF Contract Amendment (1-26-2018) 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 ward 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. 35. Restrictions on Lobbying In general, as a matter of federal law, federal funds awarded by OJP 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 by OJP 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, 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. 36. Services to Limited English Proficient (LEP) Persons To ensure compliance with Title VI and the Safe Streets Act, the Contractor is required to take DSHS Central Contract Services Page 15 6024PF Contract Amendment (1-26-2016) reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including interpretation and translation services, where necessary. Contractors are encouraged to consider the need for language services for LEP persons served or encountered both in developing their programs and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. 37. Breach of Personally Identifiable Information (PII) The Contractor 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 (PII)" (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 recipient's breach procedures must include a requirement to report actual or imminent breach of PII to their DSHS Contract Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 38. 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 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. 39. 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. All other terms and conditions of this Contract remain in full force and effect. DSHS Central Contract Services Page 16 6024PF Contract Amendment (1-26-2018)