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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA (002)K19-111 OWN& rt ent of Co erce Grant Agreement with New Hope through Office of Crime Victims Advocacy Community Services and Housing Division For Core and Specialized Sexual Assault Services SFY 2020 Start date: 07/01/2019 THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS FaceSheet-------__________________________________________. SpecialTerms and Conditions ................... ......................... ........... ............................................................ 2 1 Acknowledgement ofFederal Funding ---___________________________..2 2. Applicability of Part 2OOUniform Requirements ...... -_...... ............. ............................... ............. 2 3. Billing Procedures andPayment ............................... ...................................................................... 3 4` Breach of Personally Identifiable Information (PU)... -_........... 3 5. Compensation .......................... ........... ....................................................... ~-----------3 8. Compliance with DOJ Grants Financial Guide ... ............................................................................. 4 7. Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination ...................... 4 8. Computer Networks ............................................... ......................................................................... 5 Q. Conferences, Meetings, and Trainingo........................... ................................................................ 5 10. Equal Employment Opportunity Program (EEOF) ........................................................................... 5 11. Equal Opportunity Treatment For Faith Based Organizations ......................................................... 5 12. Examination ofRecords ------_----___________________________. 13. Failure toAddress Audit Issues ............. ----___-______ 14` Federal Non -Discrimination Requirements ...................................................................................... 8 15. Fraud, Waste, Abuse, DrMisconduct .............................................................................................. O 18. General Restrictions onthe Use ofFederal funds ........................................... 7 17. Grant Management .......................................................................................................................... 7 18- Grant Modification -----------------------------------------.7 18. Insurance ................................................................................................................ _______.. 20. Noncompetitive Procurement Contracts Over $25O.00O................................................................. 8 21. NonLSupplantingCertification .......................................... -..�......................................................... 8 22. OJpTraining Guiding Principles ...................................................................................................... 8 23. Prohibitions on Reprisal; Notice to Employees ........... _ __ ___ __ _ _ ________. _ B 24 Reducing Text Messaging While Driving ......................................................................................... g 25. Reporting ...................... 26. Requirement Pertaining toProhibited Conduct Related to Trafficking inPersons (Including Reporting Requirements and CUPAuthority toTerminate Award) ................................. g 27. Restrictions and Certifications Regarding Non -Disclosure Agreements and Related Matters ------------------------------------------1O 28 Restrictions onLobbying ............................................................................................................... 1O 29. Services To Limited English Proficient (LEP) Persons ---------------_................ 11 30. Subcontractor Data Collection 11 31. VDCARequirements ............................................................... --......................................... --.11 32 ' Order ---------------------------------------.12 General Terms and Conditions ............................................................... .................................... .............. 13 1. Definitions ______________________________________._-----13 2 ' Access D�� ------------------------------------------.13 3. Advance Payments Prohibited ..................................................... ................................................. 13 4` All Writings Contained Herein ........................................................................................................ 14 5. Amendments 0. Americans With Disabilities Ac(\OA)------------------------------ 14 7. Assignment ....................................................................... .............................................. ............. 14 8. Attornay's'Feee................................................................... 14 Q' Audit ----------------------------------------------14 10. Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion ........... 14 11' Confidential ity/Sefeouar ing ofInformation .................................................................................... 15 12 Conflict ofInterest 13. Copyright Provision..............................................................................•...................,.....................16 14. Disputes ..........................e a s .. o . a v , .vas .. v .a... a . a • v • . a . + ............... • . v .. v a . e v • v .. e • • v ... , • a . , .. • • .......... , , ...... v , v + . + +-• • • e • • a 7 15. Duplicate Payment.........................................................................•.......................................•...a+,.17 7 16. Governing Law and Venue ........................................................ .................................................... 17. Indemnification....................................................... •� . .. ................................ 17 18. ..... ... : . p ..... ... . ... ... ............ Independent Capacity of the Grantee ...... ...........••....••......ea,18 19. Indirect Costs . .............. 20. Industrial Insurance Coverage v n .... a .... v .... a .. ...... . . . ........... ....••••••.....18 21. .a...........................e...................,................. Laws ................................................. • •• .. e............... 22. 9 ...................... ......... ..... Licensing, Accreditation and Registration.....•. . ••• ••••• ••••••••••••• 23. ... ......... .. ......e ,.... ...ee. ..... Limitation of Authority......... ........... ......... • ...... ... ,. ..........18 • 24. Noncom liance With Nondiscrimination Laws.............................................+..................................19 25. Pay Equity ..e...................a....a...,...... n .......... . ................... a ...................... e .......................................... a v . . 19p 26. Political Activities ...................................................... .. ... ...... ... .. .......... .......... ...e..........19 27. Procurement Standards for Federally Funded Programs .............. • • • • • • • • • 28. Publicity............................................................................................ ... .......... ....... ............, 20 29. ..... ......................... ......... ................ Recapture.......• ................................... .. ... ... . . • • •. .... ............,20 21 30. Records Maintenance .............................................. .......... ..e..........................................e............... 21 31. Registration With Department of ......................................................... f R g - ..........•••••....•••••• 32. Right of Inspection.................................................... ........................... + . ..............a... 21 1 33. Savesgs................................e..e........•.......... .......................................................... ..,.,................ ....2 21 34. Severability ......................................... .: ....,.................., 21 35. Site Security..........................r......................................................,...., e................,.. 21 36. Subgranting/Subcontracting ....• .. .. • .. .w • r • .. , • • ... .. ............ 37. Survival .............................. e......................................................... ,..a...................... .............................. 22 38. Taxes ..........................ae...,•................................. ... . ... ....... ..............., ....22 22 39. Termination for Cause ..................................................... ... ...,. ...,, ... ... .................. 22 40. Termination for Convenience ............ ............ .. ... ............... ........... 41 Termination Procedures.................................................................6........................... .................. 22 42. Treatment of Assets ..................................................... .... .... ........... ... ... ........................... 23 43. Waiver .............. ... .a ...............,. a . ... ..... .. ..,,..a. ..... ..................,..,.••..e.., 24 Attachment A - Scope of Work Attachment B - Budget Attachment C - Equal Employment Opportunity Plan Certification Attachment D - Victims of Crime Act (VOCA) Program Rule - Appendix A — State of Washington Sexual Assault Services Standard Ei: S.fEE: 20x31.810.1.6` ofl C f r ; i Rorie. .ClaMized -15 .x"ua.,s's' SFV. 020 '•+ f R Gra-nt, County.Vii• New o' pe pb-,.-BbX 31 �k WA .9aB23-0037 PH RAT .3 4 Grantsa Represen ive: 4,co =RCE Representattive.: MM" '�Uzt �Ode Hea-ther-.��hutter RO 5o_x'_42-52-$ -e Dir i QL`�r.tFr3ar -$3.04 •Dre s4VdiJ 'CJI!•`{1y._y{i rGf<.LVI`(SfFC�•!'F�Ya 4' .. ti .. .Li 1Y' tet,( Phone* 884 heathbr.sh. tLer@'CpM erc AVa' ,9pV-OlyMpia WA 9850.1 i # �e.iept M FU Els.. "as appUcabIO). Y edi�f f ���z.I�'R ..UDA.. Mum, : I4.idi. -t ��at�...�i �pp�€c<..����, 6 s:4 epgrtr i.ent• q.f€psi-6de' QMce- for Vitti S cif Cr"im e 2 k (i JVOO X426`:-17: +32001'984 0 s 13. G r6 t .R.us .o�,*ri' •ems To sup ort Core and,imcialize-d Sexual Assaulf. rviee-, Pr gr�.m gr�.ant activities. .T t t r r 1 C.,OMMERCEE; fi* d as the Departmen" of Corhtte:6c0,,and the rantee.,..as .efinpd• ab&e a� n4�l�ed�� a?�.d,a�c�.pt.the talrm, S of- P. G ani and -a tachm(r ts:• a'nd'# �avq e.:�e�uted this- G-r,�iit,�p:. .e este Wow to s .i . s tie date and year' referd at;cve, The rig hls and obligpllons Of beth pedes to. this Grant �t e,. �C�L�'�'ri�ed .b thit Grant ��� ��� � ii���4��n� other:.. dE3G� ��e� t� l �Q� �4ra b reef rence. .Grant• .en'ms -and •Cohdi���r��. E� 'bdi�n.�..t"1 ta'dhm n� • - ��►��L �l �lY�rk; •�'Vf{.'1fa .:,r����erii. B B..U,*dg lrS.r{�1"slt�lclh chit. L2.•""¢"E{,Us11 . ,'pl.f %.i�S.it:i4. pQt;.�.r it f a 4.x�. r tE r rl�.. i :F..i.J` =' ��' � rimae.. t: 'ti-J�..`!"t! .� €��:.l' Appendix .- st;;tCe -o f' . -'VQCA) r��to-n �a.:��a� �:ssau�t,�er�r�.�:e� Standards, and rantee's••�.ppiicatfoR for=Fun-ding. FOSNTE- • F 0 R. GO A tIM E_R C E.' 44 - Di. h-----,'-KIohtzj A7sisnotDitelctor ha ura ;' - Date. ,C chaff. AP PROVEb. 'AS. Td FORM ON LY 13 •.. ATTORNEHY. GIENERAL `'isle.. a PL 0INTILME SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. ACKNOWLEDGEMENT OF FEDERAL° FUNDING Federal Award Date: 1011/2016 - 9/30/2020 Federal Award Identification Number (FAIN):. 2017-VA-GX-0061 Total Amount of the Federal Award: $41,060,865 Awarding Official: Department of Justice, Office of Justice Programs, Office for Victims of Crime Amount obligated by this action: $164,467.00 The Grantee agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in whole or in part with federal funds under this Grant, shall contain the following statements: "This project was supported by Grant No. 2017-VA-GX-0061 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 fundsare administered by the Offcelof Crime Victims Advo- cacy, Washington State Department of COMMERCE." In the event a correction is required to the Acknowledgement .of Federal Funding, an administrative change will be processed. A change to the Acknowledgement of Federal Funding will not affect your budget or scope of work and notice will be provided. 2. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS The Uniform Administrative Requirements,- Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2017 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017 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 2017 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://olp.g.ov/fundir-LqlPart2OOUniformReauirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement informations"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. 2 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS 3 BILLING PROCEDURES AND PAYMENT ' The Grantee shall submit all requests for reimbursement onthe Invoice Voucher (A-19) form provided byOCVAprogram staff. Invoices shall besubmitted et least quarterly, but not more often than monthly, onthe Invoice Voucher (A-19) Forms. The Invoice Voucher ohoU be submitted to Heather Shutter, Program Coordinator. Invoices can be submitted electronically by email to heather.shutter@commerce.wa.gov. Grantees may also utilize COK4&4ERCE'a online invoicing system. 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 ohoU be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant orwithhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. Nopayments inadvance orinanticipsdion,of services orsupplies tobeprovided under this Grant shall bemade byCOMMERCE. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shall not pay the Gnantee, 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 ordisallowed costs incurred by its own organization orthat ofJtoSubcontractors. 4. BREACH OF PERSONALLY IDENTIFIABLE INFORMATION The Grantee must have written procedures in place to respond in the event ofon actual or imminent "breach" (OMB N-17-12) if it (ora subcontract/subgrantee)-- 1) nreateo, ooUects, uses, pmoesaea, ohonss, mainba1ns, diooeminatem, dioc{ooea, or disposes of "personally identifiable information (P||)" (2 CFR 200.79) within the scope of an C]JP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-1 30). The recipient's breach procedures must include a requirement to report actual or imminent breach of PU to their Commerce Grant Manager no later than 24 hours after an occurrence of an actual bnaach, or the detection of an imminent breach. 5. COMPENSATION COMMERCE shall pay an amount not to exceed ($287.129.00)for the performance of all things necessary for orincidental to the performance of work as set forthinAttachmentA-Scope of Work. Grantee's compensation for services rendered shall beinaccordance with AttachmentB—Budget. The Grantee shall provide onon-federal match for the Victims of Crime Act portion of this Grant. The total match to beprovided shall be at least $41'117.00.The Grantee stipulates that this match will be met from the state funded portion of this Grant. If the Washington State portion of the Grant isnot sufficient to meet the VOCA match requirement, the Grantee agrees that local funds orin-kind will complete the match. All funds designated as match are restricted to the same uses as VOCAfedena| funds. Match fundomaybeexpendedinagreatarpropordontognantfunds'howevar, all match funds must beexpended prior tothe close ofthis Grant. 3 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Payment will be on a reimbursement basis only. Consultant fees may not exceed $650 per day or $81 25 per hour for the Victims of Crime Act portion of this Grant (excluding. travel and subsistence costs). Travel expenses incurred or aid by Grantee shall be reimbursed at a rate not to exceed the current Tra p P state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Any out-of-state travel must be approved in advance by the COMMERCE program coordinator for this Grant. Current travel rates may be accessed at https:/fofm.*wa.gov/sites/`default/fil6t/Public*'/re'so'urces6/travelicolormaP, Pdf. The Grantee a comply agrees to with the financial and administrative requirements set forth in the current g p Y edition of the Office of Justice Programs Financial Guide, which can be found at https•//ojp aovlfinancialguide/DOJ/index.htm. Funds payable under this Grant include federal Victims of Crime Act (VOCA) victim assistance grant funds (CFDA Number 16.575). In performance of the services, requirements, and activities set forth herein, the Grantee shall comply _ with all applicable federal requirements of the Victims of Crime Act Rule https://www.federaIreqister.00v/documents/20 . 16/07/08/2016-16085/victims-of-crime-act-victim- assistance-program 6. COMPLIANCE WITH DOJ GRANTS FINANCIAL GLIDE References to the DOJ Grants Financial 'Gui'de are to the DOJ Grants Financial Guide `as posted on the OJP website currently, the "DOJ Grants Financial Guide,' available at htt ` s://o' . oy/financial uide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The` recipient; agrees to com ply with the DOJ Grants Financial Guide. 7. COMP LIANCE'WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION The Grantee and an y g an Subgrantee at tier must comply with all applicable requirements of 28 C.F.R. Y Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part.42, that relate to an equal employment opportunity program. n Sub rantee at' an tier must comply with a.11 applicable requirements of 28 C.F.R. The Grantee and a y g Y Part 54„;which relates to nondiscrimination on the basis of sex in certain. education programs." The Grantee and any Subgrantee at any tier must comply with all applicable requirements of 28 C.F.R. Part 38 pecifically including any applicable requirements regarding' written notice to program rues and ros ective ro ram beneficiaries. Among other things, 28 C.F.R. Part 38 includes beneficia p p p g rules that prohibit Specific forms of discrimination on the basis of religion, a religious belief, a refusal to p hold a reli`g ious belief, or refusal to attend or participate in a religious practice Part 38 also `sets out rules and requirements that pertain to recipient and subrecipient/subgrantee organizations that engage 4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith. -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cqi- bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e - CFR "current" data. 8. COMPUTER NETWORKS Grantee understands and agrees that it cannot use any federal funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. 9. CONFERENCES, MEETINGS, AND TRAININGS The recipient, and any subrecipient/subgrantee, 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 ap- pears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide") http://oip.gov/financial gide/DOJ/Postaward Reguirements/chap- ter3. 1 Oa.htm. 10. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP) The Grantee certifies that you have verified with the appropriate person in your agency that, as a recipient of VOCA Grant funds, your agency will complete an EEOP Certification to claim either a complete exemption or limited exemption from the submission requirement. A complete exemption means that your agency is not required to prepare an EEOP because it meets one or more of the following: • Recipient has less than 50 employees • Recipient is an education institution • Recipient is an Indian Tribe • Recipient is a medical institution • Recipient is a non-profit organization • 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. 11. EQUAL OPPORTUNITY TREATMENT FOR FAITH EASED ORGANIZATIONS The Grantee agrees to comply with the applicable requirements of 28 CFR. Part 38, the Department of Justice regulation. 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS '12e EXAMINATION OF RECORDS The Grantee authorizes Office forVictims of Crime 4VC and/or`the'Office of the Chief Financial Officer OCF� ,I and its representatwes, access to and the right to examine all records, books, paper or ( ) documents related to the VOCA rant. The State will further ensure hat Fall VOLA 'subgrantees will g authorize representatives of OVC' and OCFO access to and the right to examine all records, books, paper or documents related to the VOCA grant. 13. FAILURE TO ADDRESS AUDIT ISSUES The Grantee understands- and agrees that COMMERCE may withhold grant funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the Grantee does not satisfactorily and promptly address outstanding issues from aud.its 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, 14. FEDERAL NON-DISCRIMINATION REQUIREMENTS It will comply Y pp with an a licable federal non=discrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets. Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (VOLA) of 1964 (34 U.S.C; § 20101); s the Juvenile Justice and Delinquency Prevention Act of' 2002 (42 U.S.C.`§ 5672(b)); the CivilRights'Act of 1964 (42 U.S.C.:§ 2000(d); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C.. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42e artment of Justice Regulations - Nondiscrimination, Equal Employment (U.S.(. p Opportunity, Policies and Procedures); 28 C.F.R. Part 54 (U.S. U.S. Department of Justice Regulations — Nondiscrimination on the Basis of Sex In Education Programs or Activities Receiving Federal. Financial Assistance); Executive Order 13279 (equal p rotection of the law for -faith based and community organizations); and 28 C.F.R. Part 38((U.S. Department of Justice Regulations —Equ,al Treatment for Faith Based Organizations). p Applicant also ensures compliance with Federal law prohibiting grant recipients fro m retaliating against individuals. taking action or participating in action to secure rights protected by federal law. Information about civil rights obligations of Grantees can be found at httr)•//www.oip.usdoi.gov/ocrl. 15. FRAUD; WASTE, ABUSE4 OR MISCONDUCT and anySub rantee at an tier, .Must rom The Granteeg y p ptly refer to the DOJ OIG any credible evidence that a principal, empl1) oyee, ,agent, Grantee, Subgrantee, Subcontractor, or other person has either submitted a false claim for grant funds under the False' ClaimsAct; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving 9rant funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG y: SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, NW Room 4706 Washington, DC 20530 Email: oiq.hotlineC@,usdoj.qov Hotline: (800) 869-4499 Hotline fax: (202) 616-9881 16. GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS The Grantee, and any Subgrantee at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://oip.gov/funding/Explore/FY18Aogrogriations Restrictions, htm and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact COMMERCE for guidance, and may not proceed without the express prior written approval of COMMERCE. 17. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 18. 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. 19. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The 7 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 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 under this section The Grantee shall rovide insurance coverage that shall be'maintained in full force and effect during p the term of this Grant,` as follows. Com m.ercial 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, P 000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subcontracts. In the. event that performance pursuant to this Grant involves the use of Automobile Liability. owned or o erated b the Grantee or its Subgrantee/subcontractor, automobile liability vehicles, p Y insurance shall be required. The minimum limit for automobile liability is $1`,000,000 per occurrence, a using a Combined Single Limit for bodily injury and property damage. sional Liabilit Errors and Omissions `Insurance. The Grantee shall maintain Profes Y� 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 Incensed staff employed to ed or under contract to the Grantee. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. 20. NONCOMPETITIVE PROCUREMENT CONTRACTS OVER $250,000 No VOLA Grant funds will be used to use a noncompetitive approach in any procurement contract that would exceed the Simplified' Acquisition Threshold (currently, $250,000). This condition applies to agreements that, for the `purposes of federal grants administration, OJP considers a procurement "contract" (and. therefore does not consider a subaward). 21. NON -SUPPLANTING CERTIFICATION No VOCA Grant funds will be used to supplant existing state, local, or other non-federal funding already in lace to support current services. VOCA Grant funds will be used to. increase the total amount o p funds used for crimevictimassis ance./iolation of the non, -supplanting requirement can result in a ran e of ena(ties`, including suspension of future funds under this grant, recoupment of monies g provided under this grant, and civil and/or criminal penalties. 22. OJP TRAINING GUIDING PRINCIPLES Any training or training in materials that the Grantee, or any Subgrantee at any tier, develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://oipgov/funding/oiptrainingquidingnrincip(es.htm 23. PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES must comply with, and is subject to, all applicable Grantee ;.(and any subgrantee/subcontractor) p revisions 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 o information related' to gross `mismanagement of a federal grant, a gross waste of federal fun s, an 8 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS abuse of authority relating to a federal grant, a substantial and specific danger topublic health orsafety, oreviolation of law, ru|e, or regulation related to o federal grant. The recipient also must inform its employees, inwriting (and inthe predominant native language ofthe workforce), of employee rights and remedies under 41 U.S.C. 4712. 24. REDUCING TEXT MESSAGING WHILE DRIVING Pursuant to executive order 1351.3."Federal Leadership onReducing Text MessagingWhile Driving.^ 74 Fed. Reg. 51225(October 1.20O9).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 grant, and to establish workplace safety policies and conduct eduoabon, aweroness, and other outreach to decrease crashes caused by distracted drivers. 25. REPORTING Grantees must collect and maintain data that measure the performance and effectiveness ofwork done under this grant. If providing direct services or outreach, the Grantee shall submit data quarterly in the |nfoNetdata collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY 2020 services. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY 2020 services. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. The Grantee shall submit non -personally identifying demographic, service and compliance data required by state funding sources in the |nfoNet data collection system. The Grantee aho|| maintain documentation and records that support the data reported in|nfoNet. ' The Grantee shall establish and maintain written procedures for the security of |nfoNet use at its site. Procedures shall include: °Only authorized staff are provided access to the |nfoNetdata and files; •Gtaff are informed of the need for security and confidentiality of data and files maintained inor available through the 1nfoNetsystem; and • That the Grantee shall notify the Department Program Coordinator for this grant when an employee ianolonger authorized toaccess the |nfoNetsystem. This information on the activities supported by the grant funding will assist in assessing the effects that the VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. 26. REQUIREMENT PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PERSO-NS (INCLUDING REPORTINd REQUIREMENTS AND OJP AUTHORITY TO TERMINATE AWA The Grantee and any Subgrantee at any tier, must comply with all applicable requirements (including requirements toreport allegations) pertaining toprohibited conduct related to the trafficking .persons, whether on the part of recipients, aubrecipients'Subgrantees.orindividuals defined (for purposes of this condition) ao^employees �ofthe Grantee orofany Subgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at (grant condition: prohibited conduct by Grantees and 8ubgnsnteeo related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 27e RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED MATTERS Subgrantee under this Grant, or entity;. that receives a procurement. contract or No Grantee or g . subcontract with any funds under this Grant, 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 ment or agency authorized to receive such information. enforcement representative of a federal depart is not intended and shall not be The forgoing understood by the agency making this Grant, to 9 g , a licable to Standard Form 312` (which`,relates to classified information), contravene requirements pp Fortin 4 414 which relates to sensitive comportment information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. A. In accepting this award, the recipient: 1. 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 ies `that if it learns oris notified that it is or has been requiring its employees or contractors 2. certifies , to execute a regiments or statements hat prohibit or otherwise restrict (or purport to prohibit or 9 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 t e e eraI agency making this award, and will resume (or permit resumption'of) such obligations only if expressly authorized to do so by that agency. B. If the Grantee does or is authorized under this Grant to make Subg't�antee, procurement contracts, or both: 1 It represents that: am it has determined that no other entity that the Grantee's application proposes may or will receive rant funds (whether through a Sub g* procurement contract, or subcontract g under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently' prohibit or otherwise currentiy. restrict (or purport to, prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and 2. it certifies that, if it learns or is notified that any Subgrantee, contractor, or subcontractor entity that receives funds under this Grant 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 Y p only if expressly to do so by that agency. 28. RESTRICTIONS ON LOBBYING tier of federal law, federal funds awarded by OJ P may not be used by the Grantee, In general, as .a ma . or an subgrantee at an tier, either directly or indirectly, to support or oppose the enactment, repeal, o y g Y codification, or adop tion of any -law, regulation, or policy at any level of government. See 18 U.S.C. 10 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 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 Grantee, or any Subgrantee at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, Subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Grantee (or Subgrantee) would or might fall within the scope of these prohibitions, the Grantee is to contact COMMERCE for guidance, and may not proceed without the express prior written approval of COMMERCE. 29. SERVICES TO LIMITED -ENGLISH -PROFICIENT (LEP) PERSONS To ensure compliance with Title VI and the Safe Streets Act, the Grantee is required to take 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. Grantees 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. 30. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 31. VOCA REQUIREMENTS The recipient and any subrecipient ("subgrantee") at any tier, will comply with the conditions of the Victims of Crime Act (VOLA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42 U.S.C. 10603 (a)(2) and -(b)(1) and (2) (and the applicable program guidelines and regulations), as required. 11 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 12 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS 1DEFINITIONS Aoused 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 onthe Director's behalf. B "COMMERCE" shall mean the Department of Commerce. C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the Grsntee, including any Exhibbe, douuments, 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 ofthe Grantee. E. "Modified Total Oinaot Costs (MTDC^ shall mean all direct salaries and wegem, applicable fringe benefiLa, materials and supplies, memioeo, trave|, and up to the first $25,000 ofeach oubaward (regardless of the period of performance of the subawarda under the award). K4TDC excludes equipment, capital expenditures' charges for patient msre, rental costs, tuition remisaion, scholarships and fellowships, participant support costs and the portion ofeach oubawordinexcess of $25,000. F. "Personal |nfomnetkzn^ shall mean information identifiable to any peneon, incduding, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activibeo, addreoaee, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. G. "State" mheU mean the state ofWashington. H. "Subgrantee/subcontractor" shall mean one not in the employment of the GnanNae, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The temns.^8ubgnsntee/subcontractor" refers toany tier. |. "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 abenefioiary of such a prowam. It also excludes vendors that receive federal funds in exchange for goods and/or services inthe course ofnormal trade orcommerce. J. ~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 aeniooa on afee-for-semioe or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2.. ACCESS TO DATA In compliance with RCVV 39.28.180. the Grantee mhoU provide eooeso 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, oonc|ueiona, and recommendations of the Grantee 'a 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 GrantohaU bemade byCOMMERCE. 13 GENERAL TERMS AND CONDITIONS .`GENERAL GRANT FEDERAL FUNDS 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. 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 ACOA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local ov g ernment services, and.telecommunications.. 7. ASSIGNMENT Neithethis Grant noY r an claim arisingunder this Grant, shall be transferred or assigned by the r.. , Grantee prior written consent of COMMERCE. 8. ATTORNEYS' FEES U expressly Unless ex ressl 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. AUDIT r If the Grantee p expends is a subreci ient and ends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a, program -specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: p A. Submit to COMMERCE the reporting package specified in OMB Super Circular CFR 200.501, reports required by the program -specific audit . guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and �Pveloped corrective action plans for all audit findings. If the Grantee p expen is a subreci ient and ends less than $750,000 in federal awards from any and/or all all .notify COMMERCE.they did not meet the single audit sources in any fiscal year; the Grantee sh requirement. The Grantee shall send all single audit documentation to auditreview(a commerce.wa.g . 10. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Grantee, defined as the primary` participant and it principals, certifies by signing these General Terms and Conditions' that to the best of its knowledge and belief that. they: 1. Are not presently. debarred, suspended, proposed for debarment, declared. ineligible, or p Y . voluntarily excluded from covered transactions by any Federal department oragency. not within a three-year period preceding this Grant, been convicted of or had a civil 2. Have Y 'ud ment rendered against. them for commission of fraud or a criminal offense in connection J g, p g p p° 9 rtransaction, with obtaining,attemptingto obtain, or per in a ublic or nvate a reement o violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 14 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and 4. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local) terminated for cause of default. ault. B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled . "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 11. 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 15 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS require changes to such policies and procedures as they apply.. to this Grant whenever .COMMERCE reasonably determines that changes are. necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period pecified 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. horized Use or Disclosure. The Grantee Cm Uncut shall notify COMMERCE `within twenty-four (24) hours of any unauthorized use or disclosure of anyconfidential information, and shall take necessary steps to mitigate the. harmful effects of:such use or disclosure. 12, CONFLICT OF INTEREST an determination b the Executive Ethics Board or other tribunal, COMMERCE may, Notwithstanding Y Y 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, Chapters 42.52 RCW Wand 42.23RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant. ions apply to contracting with current or former state employees pursuant to chapter Specific restrict pp y g 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any erson em' Toyed in any capacity by he state of Washington that worked on the Office of, Crime Victims p p Advocacy program including but not Limited to for or drafting the legislation, participating in rant rocurement planning:and execution, awarding 'grants, and monitoring grants, during the 24 g p month period preceding the start date of this Grant. Identify the individual by name, the agency p _, previously or currently employed by, .job title or position held, and separation date. if it is determined by p Y COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further consideration -for the award of a Grant. In t he 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. Th`e existence of facts upon which COMMERCE makes any determinationunder this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Grant. 13, COPYRIGHT PROVISIONS otherwise provided all Materials produced under this Grant shall be considered "works for hire" Unless p as defined by the U..S. Co`pyright Act and hall be owned by COMiVIERCE. COMMERCE shall be cons ide'red the author of such Materials. In the event, the Materials are not considered "works forhire" under the U.S.; Co pY right 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,Materialso_ ll item's -'in an format and includes, `but is not limited to, data, reports, documents, Materials means ay pamphlets, hlets 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 Material's to translate, reproduce, distribute, ' prepare derivative works, publicly perform, and publicly display. The Grantee.warrants and p. p ite GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 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. 14. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, 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 • 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. 15. DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if th.e Grantee has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 16. 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. 17. 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, 17 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS and hold harmless the State and its, agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The party p 'es intend that an independent contractor 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 an claim of right, privilege or benefit which would accrue to such officer or employee under law. y � p g Conduct and control of the work will be solely -with the Grantee.- 19. rantee.19. INDIRECT COSTS The Grantee shallprovide rovide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such* rate exists a de minimis ° in cost rate of 1 Q /o of modified total direct costs (MTDC) will be used. 20. INDUSTRIAL INSURANCE COVERAGE The Grantee11 s comply pp hall com l 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 to the Industrial Insurance Accident Fund.. COMMERCE may deduct the, amount owed. by the payable 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 p y .g Insurance Services° This rov�sion does not waive an of L&I s r� hts to collect from the Grantee. 21. LAWS with all applicable laws, ordinances, codes, regulations', and policies of local The Grantee shall comply pp, state, and federal governments, as now or hereafter am'ended.` 22. LICENSING -,--ACCREDITATION AND REGISTRATION comply with all a licable local, state, and federal. licensing, accreditation and The Grantee shallp y pp o performance registration requirements or standards necessaryfor the erformance of this Grant. 23. LIMITATION OP AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action shall have the express, implied, or apparent authority to alter, amend, modify, of this Grant. Furthermore, any alteration, amendment, modification, or waive any clause or condition or waiver or any clause or condition of this Grant is not effective or binding unless made in writing an sighed by the Agent. Y g 18 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 24. 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 COMMERCE. 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. 25. 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; D. 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. 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. 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. 26. POLITICAL ACTIVITIES Political activity of Grantee's 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 - 1506. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A Grantee which is a nonprofit organization shall establish procurement policies in accordance with 2 CFR Part 200, for all purchases funded by this Grant. The Grantee's procurement system should include at least the following: A. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. D. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 19 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS C. Minimum procedural requirements, as follows: 1. a Follow procedure to assure the avoidance of purchasing unnecessary or duplicative items. 2. Solicitations shall be based upon a clear and accurate' description( of the technics requirements of the procured items. 3. Positive ..efforts shall be made to use small and minority-owned businesses. 4. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Grantee, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. 5. Contracts shall be made only with reasonable subgrantees/subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. 6. Some form of p Y rice or cost analysis should be performed in connection with every procurement action. 7. Procurement records and files for purchases shall include all of the following: a) Contractor selection or rejection. b) The basis for the cost or price. c) Justification for lack of competitive bids if offers are not obtained. d A system for contract administration to ensure Grantee conformance with terms, conditions and specifications of this Grant, and to ensure ` adequate. and timely follow-up of all purchases. D. Grantee and Sub rantee/subcontractor must receive prior approval from COMMERCE for using funds from this Grant to enter. into a sole source contract or a, contract where only one bid or proposal is received when value of this Grant is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non -.competitive procurement, if applicable. 28. 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 vvashintonis or G01VlMERCEs name may reasonably y be inferred or implied, without the .prior written consent of COMMERCE. 29. RECAPTURE in the event that the Grantee fails to perform this. Grant in accordance with state laws, federal laws, and/or the rovisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to P comP ensate COMMERCE for the noncompliance in addition to any other remedies available at law or inequity. y Repayment b 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. 20 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 30. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by 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. 31. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Grantee shall complete registration with the Washington State Department of Revenue. 32. 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. 33. 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 calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 34. 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. `35. SITE SECURITY While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 36. SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition 21 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Grant. in no event shall the existence of a subcontract operate. to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Y Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 37. 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 terminafiion of this Grant shall so Survive. 38. TAXES A ll a ments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or9 ross receipts, any other taxes, insurance or expenses.for the Grantee or its staff shall be the sole responsibility of the Grantee. 39. TERMINATION FOR CAUSE event COMMERCE determines the Grantee has failed to comply with the conditions of this. Grant In the :. in a timet manner, COMMERCE has the right to suspend r terminate this Grant. Before suspending Y or terminating the Grant, COMMERCE shall notify the -Gran I tee 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. p In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing`, advertising and staff time. COMMERCE reserves the right to .suspend. all or part Of. the Grant, withhold further payments, or 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 itis determined that the Grantee: 1. O was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rg 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. 40. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, p 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: 41. TERMINATION PROCEDURES ;Upon termination of this Grant, COMMERCE, in addition to any other rights provided in th., Grant, may rea uire. the Grantee to deliver to COMMERCE any property specifically produced or acquired for the erformance p of such part of this Grant as has been terminated. The provisions of the "Treatment of Assetsifclause shall apply in such property transfer. COMMERCEshallY a to the Grantee the agreed upon price, if separately stated, for completed work P and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE 22 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS for (i)completed work and services for which no separate price is stated, (ii)partially completed work and services, (iii)other property orservices 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 (kabi/ityofCD[NPNERCE. 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 {3ronLea such mum as the Authorized Representative determines to be necessary to protect COMMERCE against potential {oom or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition toany other rights and remedies provided bylaw orunder this Grant. After receipt of a notice of temnination, and except as otherwise directed by the Authorized Representative. the Grantee shall: / 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders oroubgnants/ ubcontraots for materials, semioes, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to C[)MK4EFlCE, in the manner, at the timea, and to the extent directed by the Authorized Representative, all of the hghYs, tit|e, and interest of the Grantee under the orders and eubgnants/ ubcontnscts so bsnninated, in which case COMMERCE has the hght, at its diaoneUon, to settle or pay any or all claims arising out of the termination of such orders and aubgnants/ uboontnsots; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and muboontnscts, with the approval or ratification of the Authorized Representative to theextent the Authorized Representative may requine, which approval or ratification shall be final for all the purposes ofthis clause; . 5. Transfer title to COMMERCE and deliver in the manner, at the tim*es, and to the extent directed by the Authorized Representative any property which, ifthe Grant had been completed, would have been required to be furnished to COMMERCE; G Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be neceosery, or as the Authorized Representative may direot, 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 ormay acquire an interest. 42. 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 asedirect 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 toand 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 ofCOMMERCE furnished to the Grantee oha!|, unless otherwise provided herein or approved byCOMMERCE, beused only for the performance ofthis 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. 23 24 ATTACHMENT SCOPE C>FWORK Core and Specialized Sexual Assault Services SFY 2020 U7/O1/2O1Othrough OG/3O/2U2O New Hope shall furnish goods and services necessary to accomplish the activities under the Core and Specialized Sexual Assault Services 8FY2020grant funding during the grant period. This Grant is not e benefit or entitlement to the Grantee.'It is not to be used to ` acquire property or services for the federal government's direct benefit. The principle purpose of this Grant is to provide funding for New Hope toaccomplish apublic purpose. Funding from this Grant must be used to support the services outlined and approved in the Core and Specialized Sexual Assault Services SFY 2020 funding application. The grantee must ensure that ac- tivities funded under this grant program conducted in a manner consistent with the State of Wash- ington Sexual Assault Services Standards (Appendix A). Services shall include: CORE SERVICES ° Information, Referral and Awareness ° Crisis Intervention ~ Legal ° Medical Advocacy " General Advocacy ~ Systems Coordination " Optional: Primary Prevention SPECIALIZED SERVICES = Therapy DATA REQUIREMENTSIf providing direct services orputreaoh. the Grantee ahed| submit data quarterly in the |nfoNetdata collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY202O services. Report data will be due in |nfoNetno later than October 15, 2019;Januarv--15,�orU 15,2020,, and .DELIVERABLES ` . 1. Reports —Asdescribed inSection 21 ofSpecial Terms and Conditions 2. Audit— If nequined, audit must be received no later than nine (8) months after the end of the Grantee's fiscal year 3. Vouohens—Mustbeoubmittedat|eaotquartedy PERFORMANCE MEASURES Provision of the deliverables listed above will be measured using the following performance measures: 1. 9096 of required reports will be submitted on time 2. 1OO96ofrequired audits will becompleted ontime ATTACHMENT B BUDGET Budget Core Prevention Specialized Total • Salaries S $80,388.00 $6,801.00 . _ 0 .: 37,958. $125,'147.00 Benefits $31,963000 $2,747.00 $151622.00 $503332.00 Contracted0.00 Services $ $0000 $34,548.00 $34,548.00 Goods and Services $583563.00 $2,842.00 $15,697.00 $77,102.00 Match $0.00 $0.00 $0.00 $0.00 Total $170,914.00 $12,390.00 $103,825.00 $287,129..00 The Grantee stipulates that match will be met from the state funded portion of this Grant. If the Washington Statep ortion of the Grant is not sufficient to meet the VOLA match requirement, the Grantee agrees that local funds or in-kind will complete the match. 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 totalro ram budget shall be subject to justification and negotiation between the Grantee and OCVA, p g including approval roval from the Grantee's signature authority and the relevant OC'VA Section Manager.. expenses incurred or .aid by grantee shall be reimbursed at a rate not to exceed the current state Travel expe p ,� rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. -ui-rent rates, for .travel may .. � - be � � accessed at httDs://ofM.wa.gov/sites/default/files/public/resources/travel/colormap.pdf. Any purchase over $5,000 must be pre -approved by COMMERCE. ATTACHMENT C CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. Recipient's Name: Grant, County Of Address: PO BOX 37 EPHRATA, WA 98823-0037 Is agency a 0 Direct or 2 Sub recipient of OJP, OVW or COPS funding? -T—Law Enforcement Agency? 0 Yes0 No DUNS Number: 010202562 -7 Vendor Number (only ifdirectrecipient): N/A Name and Title of Contact Person: Suzi Fode, Director Telephone Number: (509) 764-8402 E -Mail Address: sfode@grantcountywa.gov Section B—Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP Is on File for Review Ifarecipient has fifty or more employees and is receiving a single award or, subawardof $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305): [responsible officia/], certify that - [recipient] Which has fifty or more employees and is receiving a single award for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. (42, subpt E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: [organization], [address]. t - ht orV-ype Nafnii and Title Signature -74z/t (i Date CERTIFICATION OF FEDERAL AWARD REQUIREMENTS Funding for this grant is comprised of Federal Victims of Crime Act (VOCA) funds. Applicants must meet the following conditions in order to receive grant funding: 1. Data Universal Numbering System (DUNS) In general, the Office of Management and Budget requires that all applicants (other than individuals) for federal funds include a DUNS number in their application for a new award or a supplement to an existing award. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and differentiating entities receiving federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Call Dun and Bradstreet at 866-705- 5711 to obtain a DUNS number or apply online at www.dnb.com. A DUNS number is usually received within 1-2 business days. Agency's federal DUNS Number: 010202562 2. System for Award Management (SAM) Registration The applicant organization must acquire or renew registration with the System for Award Management (SAM). SAM is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. Information about SAM registration procedures can be accessed at www.sam.gov. Agency is registered in System for Award Management (SAM) ❑Yes ❑ No 3. Audit Requirements Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail. The organization received $750,000 or more in federal funding in the agency's preceding fiscal year ❑ Yes ❑ No 4. Executive Compensation Data In certain circumstances recipients of federal funds must report the names and total compensation of their five most highly compensated executives. Answer the following questions to determine if you have to submit this information: In the agency's preceding fiscal year, did the organization a) receive 80 percent or more of -its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements: ❑Yes ❑ No Page 1 of 13 b) and $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements?: ❑Yes 0 No If you answered "Yes" to both 4.a) and 4.b), please provide the following: Names/compensation of 5 most highly compensated executives of the recipient of award funds: 5. Internal Revenue Service (IRS) 501(c)(3) Determination Letter VOCA funding requires that nonprofit organizations verify their nonprofit status by providing a copy of their Internal Revenue Service (IRS) 501(c)(3) determination letter. A nonprofit organization is as described in section 501 (c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. See 42 U.S.0 § 13925(b)(1 6)(B). Unless submitted previously, nonprofit organizations applying for funding must submit a copy of Internal Revenue Service to OCVA with this application. ❑Letter is attached El Letter was submitted with previous application(s) ❑Not applicable (local government, Tribe) 6. Computer Networks The applicant understands and agrees that it cannot use VOCA Grant funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. 7. Non -Supplanting Certification The applicant understands and agrees that no VOCA Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. VOCA Grant funds will be used to increase the total amount of funds used for crime victim assistance. Violation of the non -supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. Page 2 of 13 8. ADA Requirement (FOR NON -TRIBAL GRANTEES ONLY) Does the location where services are primarily provided comply with ADA requirements for accessibility?. OYes 0 No If no, please explain: By signing this document below, the applicant certifies that that agency is qualified to receive the funds. As the duly authorized representative of the applicant, I herby acknowledge that the applicant will comply with the above requirements. This acknowledgement shall be treated as a material representation of fact upon with the Department of Commerce, office of Crime victims Advocacy will rely if a grant is issued. Signature Typed Name and Title of Authorized Representative Page 3 of 13 CIVIL RIGHTS CERTIFICATIONS The applicant herby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, requirements, and any conditions of the recipient's grant. If a grant is made, the grantee and subgrantees, if any, will be subject to statutory prohibitions on discrimination. 1. Discrimination on the Basis of National origin — Limited English Proficient (LEP) Individuals To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, applicants must take reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at wvwv.lep.gov. 2. Federal Non -Discrimination Requirements The applicant will comply with any applicable federal nondiscrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (42 U.S.C. § 10604(e)); • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); • the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); • Executive Order 13279 (equal protection of the law for -faith based and community organizations);. and 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). The applicant shall further comply with federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. Civil Rights Provision - Prohibition of Discrimination for Recipients of Federal Funds The applicant assures compliance of all applicable nondiscrimination requirements of the Victims of Crime Act. No person in any state shall, on the grounds of race, color, religion, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity receiving federal financial assistance, pursuant to the following statutes and regulations: Section 809(c), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 37894, and Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; Title Vi of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, efi seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Subtitle A, Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq. and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39; Title IX of the Education Amendments of 1972, as Page 4 of 13 amended, 20 U.S.C. 1681-1683; and the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq. 4. Federal Civil Rights Training Recipients of financial assistance from the Department of Justice, such as Victims of Crime Act (VOLA) funds, either awarded directly or through another recipient, must comply with the federal statutes and regulations that prohibit discrimination based on race, color, national origin, sex, religion, age, and disability in VOCA-funded programs or activities. As part of its training efforts, the Office for Civil Rights at the Office of Justice Programs has developed an online civil rights training curriculum for recipients. This training, which consist of six segments and accompanying self -tests, is designed to provide recipients with an overview of applicable nondiscrimination laws and the general civil rights obligations that are tied to grants awarded by the Department of Justice. The OCR offers this online version of its training program to ensure that recipients who are unable to participate in an in-person training session can still receive valuable technical assistance. All six Civil Rights training programs are available at http://oip.gov/about/ocr/ocr-training-videos/video- ocr-training.htm The recipient must view the online training at least once every two years. By signing this certification, the applicant acknowledges the viewing of OJP Civil Rights Non -Discrimination training. 5. Notification of Findings of Discrimination or Pion -Compliance In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex against the Grantee or a program partner or participant receiving grant funds, the Grantee will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the Department of Commerce (COMMERCE). The Grantee shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice funds are involved, and identify all open grants utilizing U.S. Department of Justice funding by grant number and program title. 6. Equal Employment Opportunity Program (EEOP) The Grantee will determine whether it is required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the Grantee is not required to formulate an EEOP, it will submit a certificate form to the Washington State Department of Commerce (COMMERCE) indicating that it is not required to develop an EEOP. If the Grantee is required to develop an EEOP but not required to submit the EEOP to the OCR, the Grantee will submit a certification to COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the Grantee is awarded a grant of $500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to COMMERCE to claim the exemption. Information about civil rights obligations of Grantees can be found at http://www.oin.usdoi.gov/ocr/. Page 5 of 13 7. Grantee Duty to Ensure Subcontractor Compliance The Grantee is required to ensure compliance with this requirement by any program partner or participant receiving funding under this grant. As the duly authorized representative of the grantee, I hereby certify that the Grantee will comply with the above Civil Rights requirements specified in this Certification. Name and Title of Person who completed OJP Civil Rights Non -Discrimination Training Most Recent Date Online Training was completed Recipients must view the online training at a minimum of every two years for the duration VOCA funding is received. Awl Signature o AutAori d Official New Hope Name of Agency Title of Authorized Official Date Page 6 of 13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 0 Name and Title of Authorized Representative Signature New Hope Name of Organization PO BOX 37 EPHRATA WA 98823-0037 Address of Organization CXfIl-tc, Date Page 7 of 13 CERTIFICATION REGARDING DUNS AND COMPLIANCE IN REGISTERING (Sub -Recipient) I certify that New Hope has DUNS# 010202562. And I agree to comply with registration in the System for Award Management (SAM). Name and Title of Authorized Representative Signature V Date New Hope Name of Organization PO BOX 37 EPHRATA WA 98823-0037 Address of Organization Page 3 of 13 CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who ,fails to file the required certification shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that; A. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. If any non -Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit "Disclosure of Lobbing Activities", in accordance with its instructions. OCVA will provide this form, if needed. C. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers and that all sub -recipients shall certify and disclose accordingly. Name and Title of Authorized Representative Signature New Hope Name of Organization PO BOX 37 EP H RATA WA 98823-0037 Address of Organization 7/25 Date Page 9 of 13 REQUEST FOR VOLUNTEER REQUIREMENT WAIVER Current VOLA program guidelines requires that grant recipients must use volunteers as a condition of receiving funds unless the state administrator determines there is a compelling reason to waive this requirement. A "compelling reason" may be a statutory or contractual provision concerning liability or confidentiality of counselor/victim information, which bars using volunteers for certain positions, or the inability to recruit and maintain volunteers after a sustained and aggressive effort. If an applicant requests a waiver of the volunteer requirement, the section below must be completed providing a compelling reason why the use of volunteers is not feasible for the agency. I am requesting a waiver for the use of volunteers for my VOCA project/program. E]Yes 7No If you are requesting a volunteer waiver, provide detailed explanation for your request in the following section. Waivers may only be requested in the following situations: In the case of statutory or contractual provisions that prohibits the use of volunteers. Attach a copy of the applicable statute or contract. 2. In the case of a lack of volunteers. If you list this as a reason for the waiver request, you must document the efforts made to recruit volunteers. Our agency is requesting a waiver for the following reason/s: Page 10 of 13 VOLUNTEER JOB DESCRIPTIONS Submit a job description for each volunteer whose time is being used as match or to meet the volunteer requirement. if job descriptions are identical for each volunteer, you may provide one job description for multiple volunteers, but please provide an indication of the names of the volunteers to whom the description applies. Programs must submit job descriptions documenting that volunteers whose time is being used as match or to meet the volunteer requirement are providing activities that are allowable per VOCA Rule. if your program's job descriptions include ineligible activities such as prevention, fundraising, lobbying, or serving in board functions, please document that these activities are not used to provide match or to meet the volunteer requirement. Name of volunteer: Job description submitted: ❑ Name of volunteer: Job description submitted: ❑ Name of volunteer: Job description submitted: ❑ Name of volunteer: Job description submitted: ❑ Name of volunteer: Job description submitted: ❑ Name of volunteer: Job description submitted: ❑ Name of volunteer: Job description submitted: ❑ Name of volunteer: Job description submitted: ❑ Page 11 of 13 SUPERVISOR AND STAFF JOB DESCRIPTIONS Submit a job description for each supervisor and staff funded by this grant. In most cases, this includes all supervisor/staff listed on the `salaries' page of your budget. Clearly indicate the name of supervisor/staff on each job description. Even if job descriptions are identical for each staff, please provide a separate form for each as job descriptions must be specific to the individual. Programs must submit job descriptions documenting that staff funded under this grant is providing activities that are allowable per VOCA Rule. If your program's job descriptions include ineligible activities such as fundraising, or lobbying, please document that these activities are not funded through this grant. For example, if job description includes fundraising activities, include a statement such as "staff is funded .80 FTE under this grant; fundraising activities are not included in FTE reimbursed through this grant." Name of supervisor/staff: Name of supervisor/staff: Name of supervisor/staff: Name of supervisor/staff- Name of supervisor/staff: Name of supervisor/staff: Name of supervisor/staff: Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Page 12 of 13 AGENCY INFORMATION AND SUBGRANT AWARD REPORT Complete the information below. The information will be used by OCVA to complete the federal Subgrant Award Report (SAR) which collects basic information on subgrant recipients and program activities that will be implemented with VOCA plus match funds. 1. Organization Name: New Hope 2. VOCA Crime Victim Assistance Funds Awarded :$164467.00 3. Sub -Grant Number (number assigned to your grantor contract): 20-31310-165 4. Budget and Staffing Indicate below the requested information based on the subgrantee's current fiscal year. Report the total budget available to the victim services program, by source of funding. Do not report the entire agency budget, unless the entire budget is devoted to victim services programs. For example, if VOCA funds are awarded to support a victim advocate unit in a prosecutor's office, only report the budget for the victim advocate unit, Information Requested Response Explanation (as required) A. Total budget for all victimization programs and $0.00 The amount reported is for the current fiscal year. services. B. Annual funding amounts State Funds: Identify by source the amount of allocated to all victimization $0.00 funds allocated to the victimization programs and/or services for programs and/or services budget the current fiscal year. Local funds: of your agency. $0.00 Other federal funds: .$0.00 Other non-federal: $0.00 C. Number of FTE paid staff for Total number of paid full-time all victimization programs 0 equivalent (FTE) staff for the and/or services. current fiscal year. (1 FTE = 2080 hours/year). D. Number of FTE paid staff Total number of VOCA-funded funded through this VOCA 0 staff by FTE for current fiscal year. award (plus match) for (1 FTE = 2080 hours/year) for this agency's victimization grant. programs and/or services. E. Number of volunteer staff Total number of volunteers supporting the work of this 0 supporting the work of this grant. VOCA award (plus match) for subgrantee's victimization programs and/or services F. Number of volunteer hours Total count of hours to be worked support the work of this 0 by all volunteers supporting the VOCA award (plus match) for work of this VOCA award plus agency's victimization match. programs and/or services Page 13 of 13