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HomeMy WebLinkAboutAgreements/Contracts - GRISK19-112 333 DSHS Agreement Number J*% 3COUNTY 0;eparmtnt of Scidal 11 1V&'Hea1th 1963-58857 7 Servii-Ce',S, PROGRAM AGREEMENT Transfarmin.lives q DDA County Services This Program Agreement is by and between the State of Washington Department of Administration or Division Social and Health Services (DSHS) and the County identified below, and is issued in Agreement Number conjunction with a County and DSHS Agreement On General Terms and Conditions, which is incorporated by reference. County Agreement Number DSHS ADMINISTRATION DSHS DIVISION DSHS INDEX NUMBER DSHS CONTRACT CODE Developmental Disabilities Division of Developmental 1221 1769CS-63 Admin Disabilities I DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Seanna Woodard 1611 W Indiana Ave Operations Manager Spokane, WA 99205 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL (509)329-2952 (509)568-3037 woodas c@dshs.wa.gov COUNTY NAME COUNTY ADDRESS Grant County PO BOX 1057 Grant County DDA County Services Moses Lake, WA 98837-0160 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME NUMBER Gail Goodwin COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX (509) 764-2644 (509) 765-4124 IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM AGREEMENT? fro. COUNTY CONTACT E-MAIL 9goodwin@grantcountywa.gov CFDA NUMBERS PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2019 06/30/2020 $8091724.00 EXHIBITS. The following Exhibits are attached: Exhibit A — Data Security Requirements; Exhibit B — Budget and Spending Plan By their signatures below, the parties agree to the terms :and cond.itions of this County Program -Agreement and; al.1 documents incorporated by reference. No other understandings or re presentations, oral or otherwise,.: regarding the subject matter of this Program Agreement shall be deemed to, existor.bind' the parties.:,, The parties signing bel ow certify that they are authorized to sign this Program Agreement. COUNTY SIGNATURE(S) PRINTED NAME(S) AND TITLE(S) DATE(S) SIGNED I DSHS SIGNATURE B 'Faylor,OCC chair PRINTED NAME AND TITLE DATE SIGNED Melissa Diebert, Contracts Manager Page 1 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 1. Definitions Specific to Program Agreement: The words and phrases listed below, as used in this Program Agreement, shall each have the following definitions: a. "Acuity Level" means the level of an individual's abilities and needs as determined through the DDA assessment. b. "AWA" means ALTSA Web Access also referred to as the CMIS. c. "Additional Consumer Services" refers to indirect Client service types as follows: (1) "Community Information and Education": Activities to inform and/or educate the general public about developmental disabilities and related services. These may include information and referral services; activities aimed at promoting public awareness and involvement; and community consultation, capacity building and organization activities. (2) "Training": To increase the job related skills and knowledge of staff, providers, volunteers, or interning students in the provision of services to people with developmental disabilities. Also to enhance program related skills of board or advisory board members. (3) "Other Activities" reserved for special projects and demonstrations categorized into the following types: (a) Infrastructure projects: Projects in support of Clients (services not easily tracked back to a specific working age Client) or that directly benefit a Client(s) but the Client is not of working age. Examples include planning services like benefits planning and generic job development e.g. "Project Search". (b) Start-up projects: Projects that support an agency or directly benefit the agency. Examples include equipment purchases and agency administrative support. (c) "Partnership Project": Collaborative partnerships with school districts, employment providers, DVR, families, employers and other community collaborators needed to provide the employment supports and services young adults with developmental disabilities require to become employed during the school year they turn twenty-one (21). d. "BARS" means DDA Budget and Accounting Reporting System. e. "Client" means a person with a developmental disability as defined in chapter 388-823 WAC who is - - currently eligible and active with the Developmental_ Disabilities Administration oris an identified PASRR Client. f. "County" is the political subdivision of the state of Washington and the county or counties entering into this Program Agreement. g. "Consumer Support" refers to direct Client service types as follows: (1) "Community Inclusion" or "Cl": services are individualized services provided in typical integrated community setting. Services will promote individualized skill development, independent living and community integration for persons to learn how to actively and independently engage in their local community. Activities will provide opportunities to develop relationships and to learn, practice and apply skills that result in greater independence and community inclusion. These services may be authorized for individuals age 62 and older. These services may be authorized instead of employment support (individual Employment or Group Supported Employment) for working age individuals who have received nine months of employment support. Page 2 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 (2) "Child Development Services" or "CDS": Birth to three services are designed to meet the developmental needs of each eligible child and the needs of the family related to enhancing the child's development. Services may include specialized instruction, speech-language pathology, occupational therapy, physical therapy, assistive technology, and vision services. Services are provided in natural environments to the maximum extent appropriate. (3) "Individual Supported Employment" or "IE": services are a part of an individual's pathway to employment and are tailored to individual needs, interests, and abilities, and promote career development. These are individualized services necessary to help persons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. These services may include intake, discovery, assessment, job preparation, job marketing, job supports, record keeping and support to maintain a job. (4) "Individualized Technical Assistance" or "ITA": services are a part of an individual's pathway to individual employment. This service provides assessment and consultation to the employment provider to identify and address existing barriers to employment. This is in addition to supports received through supported employment services for individuals who have not yet achieved their employment goal. (5) "Group Supported Employment" or "GSE": services are a part of an individual's pathway to integrated jobs in typical community employment. These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight (8) workers with disabilities in the same setting. The service outcome is sustained paid employment leading to further career development in integrated employment at or above minimum wage. Examples include enclaves, mobile crews, and other business models employing small groups of workers with disabilities in integrated employment in community settings. h. "CRM" means the DDA Case Resource Manager. L "CSA" means County Service Authorization. j. "DD" means developmental disabilities. k. "DDA" means the Developmental Disabilities Administration within DSHS. I. "DDA Region" means the DDA Regional office. m. "DVR 51 means the Division of Vocational Rehabilitation. n. "General Terms and Conditions" means the contractual provisions contained within that agreement, which govern the contractual relationship between DSHS and the county. o. "HCBS 11 means the Medicaid Home and Community Based Services. p. "PASRR 37 means Preadmission Screening and Resident Review. q. "PCSP 37 means Person Centered Service Plan, a document that authorizes and identifies the DDA paid services to meet a Client's assessed needs. Formerly referred to as the Individual Support Plan. r. "Quality Assurance" means an adherence to all Program Agreement requirements, including DDA Policy 6.13, Employment/Day Program Provider Qualifications, County Guidelines and the Criteria for Evaluation, as well as a focus on reasonably expected levels of performance, quality, and practice. Page 3 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 s. "Quality Improvement5y means a focus on activities to improve performance above bove minimum standards and reasonably expected levels of performance, quality and practice. t. "Service Provider" is a qualified Client service vendor who is contracted to provide Employment and Day Program services. u. "Subcontractor" is the service provider contracted by the County to provide services. 2. Purpose: This Program Agreement is entered into between DDA and the County in accordance with chapter 71A.14 RCW. Its purpose is to advance the state legislative policy to provide a coordinated and comprehensive state and local program of services for persons with developmental disabilities. 3. Client Eligibility: Client eligibility and service referral are the responsibility of DDA under chapter 388- 823 WAC (Eligibility) and chapter 388-825 WAC (Service Rules). Only persons referred by DDA shall be eligible for direct Client services under this Program Agreement. It is DDA's responsibility to determine and authorize the appropriate direct service(s) type. Direct Client services provided without authorization are not reimbursable under this Program Agreement. 4. Credentials and Minimum Requirements: a. Administration of the developmental disabilities County program cannot be subcontracted. b. Qualified DD Program Coordinator: A qualified DD program coordinator has a minimum of five years training and experience in the ad -ministration and/or the delivery of developmental disabilities services to a community. For a county where the coordinator administers more than one program area (e.g. Chemical Dependency, Mental Health, Developmental Disabilities), training and experience in administration and/or a related Human or Social service may be considered. c. Administration Responsibility: The County must demonstrate the ability to administer the program agreement including contract oversight and monitoring, community outreach and education activities, and regular communication with the DDA region and contracted providers. d. Fiscal Responsibility: The County must demonstrate the ability to safeguard public funds including maintaining books, records, documents and other materials relevant to the provision of goods and services. e. Sufficient Policies and Procedures for Establishment and Maintenance of adequate internal control systems: The County will maintain written policy procedural manuals for information systems, personnel, and accounting/finance in sufficient detail such that operations can continue should staffing change or absences occur. f. Background/Criminal History Check: A background/criminal history clearance is required every three years for all employees (including DD program County staff), subcontractors, and/or volunteers who may have unsupervised access to vulnerable DSHS Clients, in accordance with RCW 43.43.830-845, RCW 74.15.030, and chapter 388 WAC. If the entity reviewing the application elects to hire or retain an individual after receiving notice that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to vulnerable adults as defined in chapter 74.34 RCW, then DDA shall deny payment for any subsequent services rendered by the disqualified individual provider. The DSHS Background Check Central Unit (BCCU) must be utilized to obtain background clearance. g. Qualified Advisory Board Members: A Developmental Disabilities advisory board shall include members knowledgeable about developmental disabilities. No board member shall have a contract with the County to provide Training, Community Information Activities, and Consumer Support as Page 4 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 defined in this Program Agreement, and shall not be a board member, officer, or employee of an agency subcontracting with the County to provide such services. h. Qualified Service Providers: The County assures that all service providers 'meet qualifications as outlined in the DDA Policy 6.13, Program Provider Qualifications. Home and Community Based Waiver Services Assignment of Medicaid Billing Rights: The County assures that each subcontractor has agreed to assign to DDA its Medicaid billing rights for services to DDA Clients eligible under Title XIX programs in this Program Agreement. Written documentation shall be available to DSHS on request. j. Reporting Abuse and Neglect: The County staff and its subcontractors who are mandated reporters under RCW 74.34.020(13) must comply with reporting requirements described in RCW 74.34.0353 .040 -and chapter 26.44 RCW. If the County is notified by DSHS that a subcontractor staff member is cited or on the registry for a substantiated finding, then that associated staff will be prohibited from providing services under this Program Agreement. k. Counties who provide Child Development Services (birth to three early intervention services), must provide those services under the regulations implementing the Individuals with Disabilities Education Act (IDEA), Part C, and Washington State's Early Support for Infant and Toddler Federally Approved Plan. The County staff who perform on-site evaluations of subcontractor work sites will promptly report to DSHS per DDA Policy 5.13, Protection from Abuse: Mandatory Reporting, if: (1) They have reasonable cause to believe that abandonment, abuse, financial exploitation or neglect (as defined in RCW 74.34.020) of a person who has a developmental disability (as defined in RCW 71A.10.020) has occurred, and, (2) If they have reason to suspect that sexual or physical assault of such a person has occurred, they shall also immediately report to the appropriate law enforcement agency. m. Contractors are specifically authorized to have data storage on portable devices or media in accordance with the Data Security Requirements. n. Order of Precedence: In the event of any inconsistency in this Program Agreement and any attached exhibits, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: (1) County Program Agreement; (2) Attached Exhibits. 5. Duty to Disclose: Under 42 CFR §455.104, the Administration must obtain certain disclosures and complete required screenings to ensure the State does not pay federal funds to excluded person or entities. The County is required to provide disclosures from managing employees, specifically the persons in the positions of Developmental Disabilities Director and Fiscal/Budget Director, i.e. the person who authorizes expenditures. A completed Medicaid Provider Disclosure Statement, DSHS Form 27-094, should be submitted to the Administration to complete the required screenings. Disclosures must be provided at contract renewal and within thirty-five (35) days whenever there is a change in the staff holding these management positions [42 CFR 455.104 (c)(1)]. 6. Statement of Work: The County shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below. Working collaboratively and DSHS Central Contract Services Page 5 1769CS County Agreement 5-1-2019 sharing information as needed for service coordination, the parties shall administer DID services within the county as set forth below: a. The DDA region shall: (1) Review subcontractors and shall immediately notify the County of any concerns with the subcontractors identified by the County; (2) Inform and include the County in the discharge planning of individuals leaving institutions and returning to the community who will need program funding; (3) Inform the County of individuals who have had their waiver status changed; 1(4) Work with the County when referring individuals for services; (5) Inform Clients of service changes through Planned Action Notice(s); (6) Work with the Contractor to document planned services in the Individual's Support Plan including notification of assessment dates; (7) Work with the Contractor when terminating services; (8) Work with the Contractor on Spending Plan adjustments; and (9) Work with the Contractor in participating in on-site evaluation of direct service providers. b. The County shall: (1) Work with the DDA Region when individuals are referred for services; (2) Work with the DDA Region to document planned services in the Individual's Support Plan; (3) Assist with informing the DDA Region of any potential service level changes not documented in the individual's DID Assessment prior to any changes; (4) Work with the DDA Region regarding service termination; (5) Work with the DDA Region on Spending Plan adjustments; (6) Inform the DDA Region of new providers to be included on the CMTS system; (7) Notify the DDA Region of any intent to terminate a subcontractor who is serving a DDA referral; (8) Provide a copy of each subcontractor's contract upon written request from the DDA Region; and (9) Notify and work with the DDA Region when performing on-site evaluations of direct service providers. - c. Compliance with BARS Policies: The County shall take any necessary and reasonable steps to comply with BARS Policies. d. The County shall comply with the following referenced documents found at DDA Internet site https://www.dshs.wa.gov/dda/county-best-practices under "County Best Practices": Page 6 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 (1) DDA Policy 4.11, County Services for Working Age Adults; (2) Chapter WAC 388-850, chapter 388-828 WAC, WAC 388-845-0001, 0030, 0210, 0215, 0220) 0600-0610, 1030-1040, 1400-14107 2100, 2110; (3) Criteria for Evaluation; (4) DDA Guiding Values-, (5) County Guide to Achieve DA's Guiding Values; (6) DDA Guidelines for Community Assessments within Employment and Vocational Programs; and (7) Disability Rights Washington (formerly Washington Protection and Advocacy Svstem) Access Agreement. e. The County shall develop and submit a comprehensive plan for the County DD Services as required by WAC 388-850-020. f. Conveyance of The Estimated Number of People to be Served and Targeted Outcomes: The County shall submit the Service Information Forms (SIF's) (provided by DDA at Internet site https://www.dshs.wa.gov/dda/county-best-practices)to indicate the estimated number of people to be served, targeted outcomes, and identified goal(s) that focus on quality improvement within the categories of Training, Community Information, Direct Client Services, and Other Activities within 30 days of execution of the Program Agreement. Once approved, the SIF outcomes may be modified only by mutual agreement of the County and the DDA Region. g. Solicitation for Qualified Employment and Day Program Service Providers: Requests for Applications (RFAs), Requests for Information (RFI's) and/or Requests for Proposals ( RFPs) , Requests for Qualifications (RFQ s) for direct services, excluding Child Development, will be open continuous enrollment. h. Qualified Providers: A qualified provider must be a county or an individual or agency contracted with a county or DDA. i. Technical Assistance: DDA contracts with Technical Assistance providers that may be utilized by Counties with prior written approval. j. Subcontractors: The County will pass on all applicable contractual requirements that are between DDA and the County to the subcontractor. The County shall immediately notify the DDA Region of the County's intent to terminate a subcontractor who is serving a DDA referral. Individuals or agencies contracted with a county or DDA may not subcontract for Employment or Community Inclusion services. k. The County shall provide or contract with qualified Employment and Day Program Service Providers for consumer support services that include the following program outcomes: (1) Monthly Community Inclusion service support hours will be based on the Client's Cl service level per WAC 388-828-9310 for all Clients who began receiving Cl services July 1, 2011 and forward. (a) To ensure health and safety, promote positive image and relationships in the community, increase competence and individualized skill -building, and achieve other expected benefits of Cl, services will occur individually or in a group of no more than two (2) or three (3) DSHS Central Contract Services Page 7 1769CS County Agreement 5-1-2019 individuals with similar interests and needs. (b) Cl services will focus on activities that are typically experienced by the general public. Support to participate in segregated activities and/or specialized activities will not be reimbursed. (c)A Client receiving Cl services will not receive employment support simultaneously. (d)A Client receiving Ci services may at any time choose to leave Community Inclusion to pursue work and receive employment support. (2) Clients in an employment program will be supported to work towards a living wage. A living wage is the amount needed to enable an individual to meet or exceed his/her living expenses. Clients should be supported to average twenty (20) hours of community work per week or six -ei ht(86)hours per month; however, each person's preferred hours of employment should g Y be taken into consideration. The amount of service a Client receives will be based on his/her demonstrated need, acuity level and work history per WAC 388-828. (3) The Clients DDA DA PCSP is the driver for service. The AWA GSA and updated Planned Rates information will not exceed the Client's DDA PCSP. Service changes will not occur until the Client has received proper notification from DDA. (4) All Clients will have an Individualized Employment or Community Inclusion plan to identify Client'sp references. Minimum plan elements are outlined in the reference document "Criteria for an Evaluation." A copy of the Client's individualized plan will be provided to the Client, their CRM, guardian and others as appropriate. (5)Semi-annual progress reports that describe the outcomes of activities will be provided by the provider or the County to the client, their CRNThe reorti, guardian and others as appropriate. p will summarize the progress made towards the Client's individualized goals. (6) All Clients will be contacted by their service provider according to Client need and at least once per month. (7) If Clients in Individual Employment or Group Supported Employment, have not obtained paid employment at minimum wage or better within sic (6) months, the County will assure the following steps are taken: (a) Review the progress toward employment goals; (b) Provide evidence of consultation with the Client/guardian; and (c) p Develop additional strategies with the Client/guardian, county staff, employment support staff, case manager, and others identified by the Client. Strategies may include providing technical assistance, changing to a new provider, and/or providing additional resources as needed to support the individual's pursuit of employment. The additional strategies will be pp documented for each Client and kept in the Client's file(s). If after twelve(12) months the Client remains unemployed, an additional review will be (8) conducted. Thep rovider will address steps outlined in'the previous six month progress report in the next six month progress report. The Client may request to participate in Community Inclusion activities or the Client may choose to remain in an employment program. When requesting to participate in Cl, the Client shall communicate directly with his or her DDA Case q g p p Manager. The DDA Case Manager is responsible for authorizing Cl services. Page 8 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 (9) For Individual Employment where the service provider is also the Client's employer, long term funding will remain available to the service provider employer for six months after the employee DDA Client's date of hire. At the end of the six month period, if the DDA Client continues to need support on the job, another service provider who is not the employer of record must provide the support unless the County or DDA issues prior written approval for the service provider to continue to provide long-term supports if needed. If the County or DDA approves the continuation of long-term supports where the service provider is also the Client's employer, the County or DDA will regularly monitor these positions to assure fading efforts occur when appropriate and any potential conflict of interest is addressed. (10) Individual Employment staff hours must be attributed to the "Individual Employment and Billable Activity Phase(s) (11) For Group Supported Employment (GSE), Clients must have paid work. The total number of direct service staff hours provided to the group should be equal to or greater than the group's collective amount of individual support monthly base hours. If the direct service staff hours are less than the collective amount, then the provider will be reimbursed only for the number of hours staff actually provided. (a) The collective group's individual hours should be the minimum staff hours delivered to support the group. (a) A GSE client must be on-site/at work at least their base individual hours as a minimum per month. If a client is not on-site/at work for all of their base hours, the county should verify that the provider delivered the collective group's individual hours to the group (what was the number of staff hours provided to the group during the month? If it was less than the collective group's total the provider can only bill for the staff hours that were provided). (b) A GSE agency may not bill for a GSE client who does not receive services during an entire service month. (c) A GSE agency must have a record of which staff is supporting which clients on any given day. (d) A GSE agency must have supportive documentation that provides clear evidence of support helping with specific activities as identified in the client plan to move a client on their pathway towards their employment goal(s). (e) Running a GSE service is a part of the business operation and not billable to individuals (contract procurement, contract maintenance, or administration functions associated with GSE). (f) Individual time in the community working towards the individual employment goal, separate from the group time, must include phase information (refer to Employment Phases and Billable Activities - see Phases 1 — 4 for element / activity description). (12) Employment and day services must adhere to the Home and Community Based settings (HCBS) requirements of 42CFR 441 530(a)(1), including that: (a) The setting is integrated in the greater community and supports individuals to have full access to the greater community; (b) Ensures the individual receives services in the community to the same degree of access as individuals not receiving Medicaid HCBS; Page 9 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 .(c) The setting provides opportunities to seek employment and work in competitive integrated settings; and (d) The setting facilitates individual choice regarding services and supports, and who provides them. I. Quality Assurance and Service Evaluation: The County shall develop and have available an evaluation system to review services. The evaluation system must have both a Quality Assurance and a Quality Improvement . component, and both must include objective measures. The objective measures at a minimum will include performance indicators, by acuity, that include the number of new jobs; job loss and reasons for job loss; the percentage employed earning minimum wage or better; and the average number of hours worked. The County's service evaluation system shall serve as the method by which current providers demonstrate that they continue to be qualified providers. A copy of such evaluation system shall be provided upon request to DDA for review and approval. m. On -Site Evaluation: The County shall evaluate and review services delivered to reasonably assure compliance and quality. The County shall conduct at least one on-site visit to each subcontractor during the biennium. The County shall maintain written documentation of all evaluations, recommendations and corrective action plans for each subcontractor. Copies of such documentation will be provided to the DDA upon request. n. The County shall work with local developmental disability advisory groups to plan for and coordinate services. o. The County shall participate in regularly scheduled meetings between County DD staff and DDA staff to remain updated and current including ACHS and Regional Meetings. p. AWA Data System: The County shall use the AWA data system for all billing requests, service provider address and phone number maintenance, evaluation dates and to provide employment outcome information. (1) Monthly provide all data described in the Billing Instructions and in the Employment Outcomes Instructions, which is hereby incorporated by reference. (2) Assure the integrity of data submitted to the State. When data is submitted and rejected due to errors or an error is later identified, the County will correct and resubmit the data within thirty (30) days. 7. Consideration: a. Fees: (1) Approval of fees is the responsibility of the DDA. The DDA Region reserves the right to approve fees/rates for the services being provided. The County will submit a fee/rate schedule with the initial Program Agreement. The County will submit updated fee/rate schedules to the DDA ' Regional Employment Specialist for approval as changes occur. The rate schedule will include the following information: (a) County(s) name; (b) Time period for which the schedule is applicable; and (c) Each contracted direct service (IE, GSE, Cl, ITA, CDS) and its associated rate. Page 10 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 (2) Fee Lim-itations: The DDA will set limitations on the Hourly Rate for each direct service. Hourly rates must be divisible by four. The current rates are as follows: (a) Employment services. i. Individual Employment services will not exceed $75.00/hour. ii. Group Supported Employment services will not exceed I $65.00/hour. (b) Community Inclusion services will not exceed anhourly rate of$35.00. /c\ Child Development services will not exceed amonthly rate of$5OO.00. b. Budget and Spending Plan, attached as Exhibit B: (1) Budget amount listed inExhibit B: The County may not exceed the state on'only revenue dollar amount orthe total revenue dollar� omount indicated on the Program Budget Agreement included inExhibit B.The waiver revenue dollar amount may be exceeded toaccommodate Clients moving from state -only employment and day services towaiver employment and day /2\ Spending Plan: DDA will provide the initial Spending Plan. Funding shall be distributed under planned expenditures aswell oaallocated under State and Medicaid shall function as aline item budget for expenditures under this agreement. The planned expenditures for Consumer Support are based on Client numbers as well as planned additional consumer services expenditures. The spending plan may only be modified by mutual agreement of the parties in writing and shall not require a program agreement. (a) Funds Designated for Additional Consumer Services: IfoCountvprov�es Connrnun�« )nfonnebonand Education aemioeounder addiUona|oonaurner-en�ceo'then ao�v�` must include outreach efforts to federally recognized local tribes. (b) Funds Designated for Adult Day Care Consumers: Funds designated for Adult Day Care Consumers are available 'ho[}|ienƒsvvhowere served betm/een[}emaDlber1Q96 and Oeoennber2003inAdult [)ayHealth agencies and were subsequently determined ineligible for Level ||orIII services (Adult Day Health\. Level || and III services are licensed rehabilitation and skilled nursing services along with socialization. Level ( services (Adu|t Day (�ere)are supervised day prognarnsvvhere�ai|and disabled adults can pa�ioi` participate in social, educational, and recreational programs without the need for skilled nursing. These Clients may be referred to services defined in the statement nfwork, or to an Adult Day Care service other than Level ||orIll. |faClient nolonger needs and wants services, the funds are available for other Clients who are not part of the group of original Clients identified between December 1896and 2003. AnAdult Day Care service shall only beprovided by Adult Day Care agencies certified bythe local Area Agency onAoinQ.Adult [)ayCare service ianot avvaiverapproved service. - c.Program Agreement Amendments: ACounty can request an amendment atany time. An amendment for additional client(s)may be supported when clients exceed the number used to develop the contract. /\namendment for additional service hours authorized may besupported when county provides evidence. Anamendment request for expenditures exceeding contract total due tohourly rates paid toservice provider may not be supported asthe county ieresponsible Lo manage contract and rates paid totheir providers. d.Exemptions: The DDA Assistant Secretary may approve inwriting anexemption to a specific DBHSCentral Contract Services Page 11 1780CSCounty Agreement 5-1'2O1Q program agreement requirement. 8. Billing and Payment: a. g g gram Pro Agreement Budget: DSHS shall pay the County all allowable costs, which are defined by DDA as cost incurred by the program for: Administration: Costs of the County Human Services Department or similar county office, (1)' ' responsible for administration of the Developmental Disabilities Program. Allowable costs p includep ersonnel and. overhead costs directly related to the administration and coordination of thero ram including such activities as program planning, budgeting, contracting, monitoring, p g and evaluation. Also included are departmental and county indirect and/or direct administrative costs, to the extent that such costs are appropriately allocated to the program using an established methodology consistent with grants management guidelines. For a County whose designated coordinator manages multiple programs, the County must be able to provide evidence of the time the coordinator spent working on the Developmental Disabilities program. (2) Additional Consumer Services: (a) Training: i. Staff Training: Costs incurred by the program for planned, structured activities for the purposeof providing, or improving, or enhancing job-related knowledge and skills of staff,providers, volunteers, or interning students in the provision of developmental disabilities services. ii. Board Training: Costs incurred by the program for planned, structured activities designed to provide, improve, or enhance program -related skills of board and advisory g committee members. (b) y Community Information and Education: to inform and/or educate the general public about p develo mental disabilities and related services. These may include information and referral services; activities aimed at promoting public awareness and involvement; and community consultation, capacity building and organization activities. (c) Other Activities. i. Infrastructurep ro'ects: Projects in support of Clients (services not easily tracked back to a specific working age Client) or that directly benefit a Client(s) but the Client is not of p g g working g. a eExamples include planning services like benefits planning and generic job p development e.g. "Project Search." ii. Start-up projects: Projects that support an agency or directly benefit the agency. Examples include equipment purchases and agency administrative support. iii. Partnership project: Collaborative partnerships with school districts, employment providers, DVR, families, employers and other community collaborators needed to provide the employment supports and services young adults with developmental disabilities require to become employed during the school year they turn twenty-one (21). (3) Consumer Support. (a) Adult Day Care services are available to Clients who were served between December 1996 Page 12 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 and December 2003 in Adult Day Health agencies and were subsequently determined . ineligible for Level 11 or III services (Adult Day Health). Level 11 and III services are licensed rehabilitation and skilled nursing services along with socialization. Level I services( Adult Day Care) are supervised day programs where frail and disabled adults canparticipate in social, educational, and recreational programs without the need for skilled nursing. (b) Community Inclusion services are individualized services provided intypical integrated community settings for individuals in retirement. Services will promote individualized skill development, independent living and community integration for persons to learn how to actively and independently engage in their local community. Activities willprovide opportunities to develop relationships and to learn, practice and apply skills that result in greater independence and community inclusion (per the Community Inclusion Billable Activities). These services may be authorized instead ofemploymentsupport (Individual Employment or Group Supported Employment) for working age individuals who have received nine (9) months of employment support. (c) Child Development Services are designed to meet the developmental needs of each eligible child and -the needs of the family related to enhancing the child's development. Services may include specialized instruction, speech-language pathology, occupational therapy, physical therapy, assistive technology, and vision services. Services areprovided in natural environments to the maximum ,extent appropriate. (d) Individual Supported Employment services are a part of an individual'spathway to employment and are tailored to individual needs, interests, and abilities top romote career development. These are individualized services necessary to helppersons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. These services may include intake, discovery, assessment, job preparation, job marketing, job supports, record keeping and support to maintain a job (per the Individual Emplovmeat Phases & Billable Activities) (e) Individualized Technical Assistance services are a part of an individual'spathway to employment. This service provides assessment and consultation to the employment provider to identify and address existing barriers to employment. This is in addition to supports received through supported employment services for individuals who have notyet achieved their employment goal. (f) Group Supported Employment services are a part of an individual'spathway to integrated jobs in typical community employment. These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight (8) workers with disabilities in the same setting. The service outcome is sustained paid employment leading to further career development in integrated employment at or above minimum wage. Examples include enclaves, mobile crews, and other business models employing small groups of workers with disabilities in integrated employment community settings. b. Reimbursement for the state Fiscal Year shall not exceed the total amount listed in ExhibitB to this Program Agreement. However, with a Program Agreement amendment, theparties may increase or decrease the Program Agreement amount. Counties will work with DDA HQ on amendments to the Program Agreement. c. Monthly Invoice with Signed Documentation: All requests for reimbursement amounts must be entered and posted into the AWA system. The Contractor may post a combined claim of all programs/services covered by this Program Agreement. DSHS shall make allpayments due to the Contractor for all invoices submitted pursuant to this section within sixty (60 ) days following posting DSHS Central Contract Services Page 13 1.769CS County Agreement 5-1-2019 of required information. d. Clients will be assisted in accessing DVR services per the DDA/DVR MOU. Client services shall not be reimbursed under this Program Agreement when the same services are paid for under the Rehabilitation Act of 1973 by DVR, Public Law 94-142 or any other source of public or private funding. e. Reimbursement of Client Services: A claim for each individual is made on the AWA system by indicating the number of service units delivered to each individual listed and the fee per unit. Units are defined as: (1) An "Hour" is at least fifty (50) minutes of direct service. Partial hour to the quarter may be recorded. (2) A "Day" is at least four (4) hours of direct service and will only be used in connection with Adult Day Care reimbursement. (3) A "Month" represents a minimum inimum of at least fifty (50) minutes of direct service for CDS reimbursement. f. Program Administration: The County will provide program administration and coordination including such activities as planning, budgeting, contracting, monitoring, evaluation and may bill for administrative costs as identified in Exhibit B. Administrative costs reimbursement will not exceed 7% of the total combined allocation for Consumer Support and Other Consumer Support services unless the Assistant Secretary of DDA approves a request for an exception under chapter 388-850 WAC. Monthly claims for administrative costs will be 1/12 of the maximum Administration amount identified in Exhibit B, or the lessor of the two. g. The Individual Employment Phases & Billable Activities document defines the individual Client services, that DDA reimburses. That document is located on the DSHS DDA County Best Practices Web site at https://vjww.dshs.wa.gov/dda/county-best-practices. h. The Community Inclusion Billable Activities document defines the individual Client services DDA reimburses. That document is located on the DSHS DDA County Best Practices Web site at https://www.dshs.wa.gov/dda/county-best-practices. i. Timeliness of and Modification to Billings: All initial invoices with signed documentation must be received by the DDA Region within sixty (60) calendar days following the last day of the month in which the service is provided. Corrected invoices and documentation including re -posted billing information will be accepted throughout the fiscal year as long as they are received within sixty (60) calendar days of the associated fiscal year unless an extension is approved by the DDA Regional Administrator or designee. Payment will not be made on any invoice submitted past sixty (60) calendar days after the Program Agreement fiscal year. j. Recovery of Fees: If the County bills and is paid fees for services that DSHS later finds were (a) not delivered or (b) not delivered in accordance with Program Agreement standards, DSHS shall recover the fees for -those services and the County shall fully cooperate during the recovery. k. PASRR Administration: The County may bill for administration costs as identified in Exhibit B. Monthly claims for administration cost will.be based on the actual PASRR expenditures multiplied by 7%. 9. Intermediate Care Facilities for Intellectual Disabilities (ICF/ID) Agreement. If applicable per 42 Page 14 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 CFR 483.410, the County shall assure that all county -operated or subcontracted programs serving persons living in ICF/ID facilities develop a plan and coordinate their services with the facility on behalf of the lCF/ID resident. DDA will supply to the County a list of lCF/lD residents who attend a day program. 10. Single State Medicaid Agency—Health Care Authority (HCA): HCA, as the single state Medicaid Agency, has administrative authority for Title XIX coverage per 42 CFR 431.10. DSHS is the operating agency for the Home and Community Based Waivers for services for people with developmental disabilities. The County only has responsibility for services covered, in this agreement. 11. DSHS/DRW Access Agreement: The DRW February 27, 2001 Access Agreement with DDA is incorporated by reference. The County assures that it and its subcontractors have reviewed the Access Agreement. The agreement covers DRW's access to individuals with developmental disabilities, Clients, programs and records, outreach activities, authority to investigate allegations of abuse and neglect, and other miscellaneous matters and is binding for all providers of DDA contracted services. DSHS Central Contract Services Page 15 1769CS County Agreement 5-1-2019 Exhibit A — Data Security Requirements Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing Standards Publications for the encryption of electronic data issued by the National Institute of Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf). b. "Authorized Users(s)79 means an individual or individuals with a business need to access DSHS Confidential Information, and who has or have been authorized to do so. C. "Category 4 Data" is data that is confidential and requires special handling due to statutes or regulations that require especially strict protection of the data and from which especially serious consequences may arise in the event of any compromise of such data. For purposes of this contract, data classified as Category 4 refers to data protected by: the Health Insurance Portability and Accountability Act (HIPAA). d. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor.* Physical storage of data in the cloud typically spans multiple servers and often multiple locations. Cloud storage can be divided between consumer grade storage for personal files and enterprise grade for companies and governmental entities. Examples of consumer grade storage would include iCloud, Dropbox, Box.com, and many other entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, 0365, and Rackspace. e. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 128 bits (256 preferred and required to be implemented by 6/30/2020) for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. f. "Hardened Password" means a string of at least eight characters containing at least three of the following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special characters such as an asterisk, ampersand, or exclamation point. g. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones, most tablets, and other form factors. h. "Multi -factor Authentication" means controlling access to computers and other IT resources by requiring two or more pieces of evidence that the user is who they claim to be. These pieces of evidence consist of something the user knows, such as a password or PIN; something the user has such as a key card, smart card, or physical token; and something the user is, a biometric identifier such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a series of numbers which act as a password for a device. Since PINs are typically only four to six characters, PINs are usually used in conjunction with another factor of authentication, such as a fingerprint. L "Portable Device" means any computing device with a small form factor, designed to be transported from place to place. Portable devices are primarily battery powered devices with base computing resources in the form of a processor, memory, storage, and network access. Examples include, but Page 16 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable Device. j. "Portable Media" means any machine readable media that may routinely be stored or moved independently of computing devices. Examples include magnetic tapes, optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have been removed from a computing device. k. "Secure Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access, and access is controlled through use of a key, card key, combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. In otherwise Secure Areas, such as an office with restricted access, the Data must be secured in such a way as to prevent access by non -authorized staff such as janitorial or facility security staff, when authorized' Contractor staff are not present to ensure that non -authorized staff cannot access it. I. "Trusted Network" means a network operated and maintained by the Contractor, which includes security controls sufficient to protect DSHS Data on that network. Controls would include a firewall between any other networks, access control lists on networking devices such as routers and switches, and other such mechanisms which protect the confidentiality, integrity, and availability of the Data. m. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. 2. Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa..ov/policies) of the Office of the Chief Information Officer for the state of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: https://www.dshs.wa.gov/fsa/central- contract-services/keeping- shs-client-information-private-and-secure, which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. 3. Administrative Controls. The Contractor must have the following controls in place: a. A documented security policy governing the secure use of its computer network and systems, and which defines sanctions that may be applied to Contractor staff for violating that policy. b. If the Data shared under this agreement is classified as Category 4 data, the Contractor must be aware of and compliant with the applicable legal or regulatory requirements for that Category 4 Data. c. If Confidential Information shared under this agreement is classified as Category 4 data, the Contractor must have a documented risk assessment for the system(s) housing the Category 4 Data. 4. Authorization, Authentication, and Access. In order to ensure that access to the Data is limited to authorized staff, the Contractor must: Page 17 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 a. Have documented policies and procedures governing access to systems with the shared Data b. Restrict access through administrative, physical, and technical controls to authorized staff. c. Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non -repudiation, it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action d. Ensure that only authorized users are capable of accessing the Data. e. Ensure that an employee's access to the Data is removed immediately: (1) Upon suspected compromise of the user credentials. (2) When their employment, or the contract under which the Data is made available to them, is terminated. (3) When they no longer need access to the Data to fulfill the requirements of the contract. f. Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information g. When accessing the Data from within the Contractor's network (the Data stays within the Contractor's network at all times), enforce password and logon requirements for users within the Contractor's network, including: (1) A minimum length of 8 characters, and containing at least three of the following character classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk, ampersand, or exclamation point. �(2) That a password does not contain a user's name, logon I D, or any form of'their full name. (3) That a password does not consist of a single dictionary word. A password may be formed as a passphrase which consists of multiple dictionary words. (4) That passwords are significantly different from the previous four passwords. Passwords that increment by simply adding a number are not considered significantly different. h. When accessing Confidential Information from an external location (the Data will traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password and logon requirements for users by employing measures including: (1) Ensuring mitigations applied to the system don't allow end-user modification. (2) Not allowing the use of dial-up connections. (3) Using industry standard protocols and solutions for remote access. Examples would include RADIUS and Citrix. (4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a component within the Trusted Network. The traffic must be encrypted at all times while traversing any network, including the Internet, which is not a Trusted Network. Page 18 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 (5) Ensuring that the remote access system prompts for re -authentication or performs automated session termination after no more than 30 minutes of inactivity. (6) Ensuring use of Multi -factor Authentication to connect from the external end point to the internal end point. All Contractors must be in compliance by 6/30/2020. Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token (software, hardware, smart card, etc.) in that case: (1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor (2) Must not be comprised of all the same letter or number (111119 22222, aaaaa, would not be acceptable) (3) Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be acceptable) j. If the contract specifically allows for the storage of Confidential Information on a Mobile Device, passcodes used on the device must: (1) Be a minimum of six alphanumeric characters. (2) Contain at least three unique character classes (upper case, lower case, letter, number). (3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or abcd 12 would not be acceptable. k. Render the device ,unusable after a maximum of 10 failed logon attempts. 5. Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described: a. Hard disk drives. For Data stored on local workstation hard disks, access to the Data will be. restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms, which provide equal or greater security, such as biometrics or smart cards. b. Network server disks. For Data stored on hard disks mounted on network servers and made available through shared folders, access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area, which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section 8 Data Disposition, may be deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area. Paqe'l 9 DS HS Central Contract Services 1769CS County Agreement 5-1-2019 c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secure Area. When not in use for the contracted purpose, such discs must be Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on discs attached to such servers must be located in an area, which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. e. Paper documents. Any paper records must be protected by storing the records in a Secure Area, which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area.. f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users on Contractor's staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g. Data storage on portable devices or media. (1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized, the Data shall be given the following protections:: (a) Encrypt the Data. (b) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. (c) Manually lock devices whenever they are left unattended and set devices to lock automatically after a period- of inactivity, if this feature is available. Maximum period of inactivity is 20 minutes. (d) Apply administrative and physical security controls to Portable Devices and Portable Media by: L Keeping them in a Secure Area when not in use, ii. Using check-in/check-out procedures when they are shared, and iii. Taking frequent inventories. Page 20 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 (2) When being transported outside, of a Secure Area, Portable Devices and Portable Media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data, even if the Data is encrypted. h. Data stored for backup purposes. (1) DSHS Confidential Information may be stored on Portable Media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section 8 Data Disposition. (2) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data will be destroyed at that time in accordance with the disposition requirements below in Section 8 Data Disposition i. Cloud storage. DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason: (1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: (a) Contractor has written procedures in place governing use of the Cloud storage and. Contractor attest to the contact listed in the contract and keep a copy of that attestation for your records in writing that all such procedures will be uniformly followed. (b)The Data will be Encrypted while within the Contractor network. (c) The Data will remain Encrypted during transmission to the Cloud. (d) The Data will remain Encrypted at all times while residing within the Cloud storage solution. (e) The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor. (f) The Data will not be downloaded to non -authorized systems, meaning systems that are not on the contractor network (g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DSHS or Contractor's network. (2) Data will not be stored on an Enterprise Cloud storage solution unless either: (a) The Cloud storage provider is treated as any other Sub -Contractor, and agrees in writing to all of the requirements within this exhibit; or, (b) The Cloud storage solution used is HIPAA compliant. Page 21 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 (3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act (HfPAA), the Cloud provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. 6. System Protection. To prevent compromise of systems which contain DSHS Data or through which that Data passes: a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available. b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes. c. Systems containing DSHS Data shall have an Anti-Malware application, if available, installed. d. Anti-Malware software . shall be kept up to date. The product, its anti-virus engine, and any malware database the system uses, will be no more than one update behind current. 7. Data Segregation. a. DSHS category 4 data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation (1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS Data. (2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. (3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or, (4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. (5) When stored as physical paper documents, DSHS Data will be physically segregated from non- DSHS data in a drawer, folder, or other container. b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 8. Data Disposition. When the contracted work. has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on : Will be destroyed by: Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at least three (3) times using either random or single Removable media (e.g. floppies, USB flash drives, character data, or portable hard disks) excluding optical discs Page 22 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 9. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 10. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub - Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. Exhibit A Page 23 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Ph sically destroying the disk Paper documents with sensitive or Confidential Information Recycling through a contracted firm, provided the contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) On-site shredding, pulping, or incineration Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing, incinerating or crosscut shredding 9. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 10. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub - Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. Exhibit A Page 23 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 Exhibit B Program Agreement Budget X Original Budget Budget Revision REVENUES Page 24 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 Original 411,066 1 St Revision 2nd Revision 3rd Revision Fiscal Year Fund Source 2020 State only Waiver Total Rev. $8093724 -- $ Fiscal Year Fund Source Original 1 St Revision 2nd Revision 3rd Revision 2021 State only FFiscal Waiver Waiver Total Rev. Page 24 DSHS Central Contract Services 1769CS County Agreement 5-1-2019 '� K19-113 � f epa e L rt nt o' a C 0 erc Grant Agreement with New Hope through Office of Crime Victims Advocacy Community Services and Housing Division For VOCA Expansion/Enhancement Initiative Grant SFY 2020 - 2021 Start date: 07/01/2019 THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS FaceSheet............................................................................................................ 1 SpecialTerms and Conditions...............................................................................................q.....q................ 2 1. Acknowledgement of Federal Funding .............. 2 2. ............... Applicability of Part 200 Uniform Requirements ........ ................................................. 2 3. q.................... Billing Procedures and Payment ...................................................................................................... 3 4. Breach of Personally Identifiable Information(PII).....Rq..q.q.q................q.............,.,.......,.........,.3 5. Compensation.................................................................................................................................. 3 6. Compliance with DOJ Grants Financial Guide. ............................................................................... 4 7. Computer Networks...................................................................q.............. 4 8. Conferences, Meetings, and Trainings...................................................................4 9. ........................ Equal Employment Opportunity Program(EEOP)................................................................... 10. q ......4 Equal Opportunity Treatment For Faith Based Organizations ........................................q................ 5 11. Examination of Records..................................................o..............,................................................. 5 12. Failure to Address Audit Issues ......................................q..........................q.....,..................5 13. Federal Non -Discrimination Requirements...................................................................................... 5 14. Fraud, Waste, Abuse, Or Misconduct......................................................................q....................... 6 15. General Appropriations -Law Restrictions on the Use of Federal funds ........................................... 6 16. Grant Management.......................................................................................................................... 6 17. Grant Modification ..........................................................q... 6 18. Insurance......................................................................................................................................... 7 19. Noncompetitive Procurement Contracts Over $250,000.............................................................poop 7 20. Non -Supplanting Certification........................................................ ......................... 7 21. OJP Training Guiding Principles 22. ................................. ............. q....................................................... 8 Prohibitions on Reprisal; Notice to Employees........... q ..... q ........................ .......... 8 23. Reducing Text Messaging While Driving.............................................................................. 8 24. .. Reporting.........................................................................................................................................8 25. Requirement Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including Reporting Requirements and OJP Authority to Terminate Award) ................................. 9 26. Restrictions and Certifications Regarding Non -Disclosure Agreements and RelatedMatters................q.......,......................................,................................................................9 27. Restrictions on Lobbying ...............................................................................................................10 28. Services To Limited English Proficient (LEP) Persons.................................................................10 29. Subcontractor Data Collection.......................................................................................................10 30. Order of Precedence...................................................................................................................... 10 GeneralTerms and Conditions.........q...................................................................................................... 12 1. 2. 3. 4. Definitions......................................................................... ............... ............... ................. .... Access to Data............................................................................................. ....... Advance Payments Prohibited.......................................................................................................12 All Writings Contained Herein........................................................................................................13 12 12 5. 6. 7. 8. 9. 10. Amendments.................................................................................. Americans With Disabilities Act (ADA)...........................................................................................13 Assignment ............................. _....................................................................................... .............13 Attorney's Fees......................................................................q.......................................................13 Audit.......................................................................................................................... q...................13 Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion., ........... 13 13 1 1. Confidentialit /Safe uarding of Information .................. .................................................................14 Y g 2. Conflict of Interest ................................................,...................... .............. .... 16 13. Copyright Provision................................................:r.... ......... ...16 14. Disputes ............... ...,.....aYe.,,nae..•...Y..........,, •, • ... ........,. 15. Duplicate Payment..... ............... .. .:.. .. .a. ......... p • ....................16 16....,.,.... . ........................._••• ••• Governing Law and Venue .. .................., ... ...,...... ..16 ... 17. Indemnification...........................................e.......... ..� .............................. ..................16 17 18. Independent Capacity of the Grantee.........................................................�� .................,.. 19. Indirect Costs ............................................:......... ... .. ... ..... .......1.....17 17 20. . ....•.,.......e•..•.. Industrial Insurance Coverage °e.e°°a.e...eo.n,.....v.........1•...,. °'• • . "" """ 17 21. Laves .. .... • • ............................. - 17 22. Licensing, Accreditation and Registration ............. ...� ..:., an.:...... ..,..........n 23. Limitation of Authority.. . • _ •• ................................... ... ...............17 18 24. Noncompliance Nondiscrimination Laws .....................................:.............. p .... ........... 25. Pay Equity ................................ .....e.........n....................... •• ..a.Y ... ... .. .................18 26. • .... . Political Activities .........•.................... e.....,..,......., .. nFunded . .... ...........1.,18 18 27. Federally Programs ..... .... ... Procurement Standards for y g �•••••• .... ............... 28. • .. Publicity....... ..... ... ....................... ....... .... ..............19 .....,....... 19 29. .........................................:.. Recapture... ........ •••. e. 20 30. Records Maintenance .............................................................. ............................. 20 31. Registration With Department of Revenue .......................................�........,.......... 32. Rig .. ,.. ,. ... ght of Inspection...................l................................................. ., .....a...n:..20 ..........a 20 33. ..• . .... ........ Savings ........................................... e,.......,....... .................... .. .. . .... 20 34. .................... ... ... ... Severability..................................................••• .. ............. 20 35. .................. ......... ... ... e ........ ..... Site Security . .. ... . a.... a ................. .............. 20 36. Subgranting/Subcontracting .... °.............................:.:............. • . ..................., .. ............. 21 37. Survival...................................................................................... .................... ................ n.. ..e.a.a. Tal\es....n.a .................�,..,.eeas.. ...-l..•..,:..°,....,..°.. ......... . • .. .•.. 39. .............:.. .............a... Termination for Cause ......:....... . ...: ............................... ......... . 21 40. Termination for Convenience ............. ............................. .... .... . _ .......... . ......•.....21 41. Termination Procedures....... ..°°.•°•••••.. . ........................,.......n..... ..............e 42, ..................... ,. Treatment of Assets ......................................... ................... ..................... .,.....,......,.22 ..... 23 43. .. .. ..:. ........... .. .... Waiver............................................................•.......... ............. Attachment A a Scope of Work Attachment B - Budget Attachment C - Equal Employment Opportunity Plan Certification Attachment D Victims of Crime Act (VOCA) Program Rule FACE SHEET - Grant Number: F18-31219-816 Washington State Department of Commerce Community Services and Housing Division Office of Crime Victims Advocacy VOCA Expansion/Enhancement Initiative Grant SFY 2020 - 2021 1. Grantee 2. Grantee Doing Business As (optional) Grant, County Of Nej%, Hope PC BOX 37 EPkiRATA WA 98823-0037 3. Grantee Representative 4. COMMERCE Representative SuziFode Heather Shutter PO Box 42525 Director Program Coordinator 98504-8304 siode@grantcountyUva.gov Phone: (360) 725-2884 (509) 764-8402 Fax., (360) 586-7176 1011 Plum Street SEE heather.shutter@commerce,wa.gov Olympia WA 985*01 5. Grant Amount 6. Funding Source vtither: 7. Start Date S. End Date $190,000.00 Federal: 2 State: 0 NIA: [I 07/01/2019 06/30/2021, 9. Pederal Funds (as applica- Federal Agency: CFDA Number: Indirect Rate (if applicable): ble) Department of Justice, Office 1 16.575 $1190,000.00 or Victims of Crime 10. SWV 11. UBI # 12. DUNS # Sk,,V\/0002426-17 0 132001884 10202562 13. Grant Purpose To support, VOCA ExpansioniEnhancement Initiative grant activities. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant 'Terms and Conditions including Attachment A — Scope of Work,, Attachment B — Budget; Attachment C —Equal Employment Opportunity Plan Certification: Attachment D - Victims of Crime Act (VOCA) Program Rule- and Grantee's Application for funding. FOR GRANTEE FOR COMMERCE Signature Tom Taylor Nam e BOCC Chair Title -7 Date -A Diane Klontz, Assisant irector Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. ACKNOWLEDGEMENT OF. FEDERAL FUNDING Federal Award Date: 10/1/2017. 9/30/2021 Federal Award Identification Number (.FAIN): 2018-V2-Gx-0046 Total Amount of the Federal Award: $74,702,737 Awarding Official: Department of Justice, Office of Justice Programs,' Office for Victims of Crime Amount obligated by this action: $190;000.00 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. 2018-V2-Gx-0046 awarded by Office for Victims of Crime, US Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official `position or policies of the Office for Victims of Crime, US Department of Justice. Grant funds are administered by the Office.of Crime Victims 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 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether.. derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the ' Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niform- Requirements.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 (anal any sub. recipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition. to the financial records, supporting documents, statistical records, and other pertinent records indicated .at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or dis- tributed 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 9 BILLING PROCEDURES AND PAYMENT The Grantee shall submit all requests for reimbursement onthe Invoice Voucher (A-19)form provided byOC\Aprogram staff. Invoices shall be submitted at least quarterly, but not more often than monthly, on the Invoice Voucher (A-1 9) Forms. The Invoice Voucher shall be submitted to Heather Shutter, Program Coordinator, Office of Crime Victims Advocacy, Poet Office Box 42525, O|ympia, Washington 98504'2526. Invoices can also besubmitted electronically byemail to 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 re- ceiptofproper|ycomp(etedinvoioee.PaymentahaUbeeenttotheaddnssmdesignededbytheBrantee. COMMERCE may, in its 'sole diacnation, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided un'derthiaGnantohaU be made by COMMERCE. ,Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions ordisallowed costs incurred by its own organization orthat ofits Subcontractors. 4. BREACH OF PERSONALLY IDENTIFIABLE INFORMATION LPIIJ The Grantee must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (ora subcontract/subgrantee)-- 1) createo, coUects, uses, processes' storeo, msdntaina, disaeminates, dimclooea, or disposes of"personally identifiable information (PU)" (2 CFR 200.79) within the scope of an OJp grant -funded program or aotivby, or 2) uses oroperates 'e "Federal information system" (OMB Circular A-1 30). The recipientl s breach procedures must include a requirement Loreport actual or imminent breach of P11 to their Commerce Grant Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. ~. COMPENSATION. COMMERCE shall pay an amount not to exceed ($190,000.00 ) for the performance of all things nec- essary for or incidental to the performance of work as met forth in Attachment A - Scope of Work. Grantee's compensation for services rendered shall be based on the following rates or in accordance vvithAttaohmentB—Budget. The Grantee shall provide enon-federal match for the Victims ofCrime Act portion ofthis Grant. The tote|metohtobeprovidedoha||beet!east$47'5OO.00.Al/fundodesignetedaomatoherereathctedto the same uses as VOCA federal funds. Match funds may be expended in a greater proportion to grant funds, however, all match funds must beexpended prior tothe close ofthis Grant. Expenditures of match funds must beidentified onthe invoice voucher form. Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OC\AA) program staff. Aoumu|ative amount of these transfers exceeding ten (10) percent SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS he total program budget shall be subject to justification .and negotiation between the` Grantee and oft p g g OCVA includingapproval from the Grantee's signature authority and the relevant OCVA Section Man- ager. Payment will be on:a reimbursement basis only. Consultant fees may not- exceed $650 er da -or $81.25 per hour for the Victims of. Crime Act portion p Y of this Grant (exciuding. travel and subsistence costs). carred or aid b Grantee shall be reimbursed ata rate not to exceed the current Travel expenses in p Y state rate and in accordance with Ithe State of Washington Office of..Financial Management Travel Reg Y - ulations. An out-of-state travel must be approved in advance by the COMMERCE program coordinator for this Grant. Current trave.I rates may be accessed at https://ofm.wa.gov/sites/default/files/public/re- sou rces/travel/colorm ap. pdf. . The Grantee agrees t o com l with the financial and administrative requirements set forth in the current p y edition of the Office of Justice Programs Financial Guide, which can be found at httos://Oip.gov/finan- cialguide/doj/pdfs/DOJ FinancialGuide.pdf. Funds payable under this Grant include federal Victims of Crime Act (VOCA) victim assistance gran funds (CFDA Number 16.575). services requirements, and activities set forth herein, the Grantee shall comply In performance of the q . applicable federal requirements of the, Victims of Crime Act.Rule https' -.1h �ww.federalregis- with all app q im-assistance- ro ram. ter.gov/documents/2016/07/08/2.016-16085/victims-of-crime-act-vict pg 6. COMPLIANCE WITH DOJ GR ANTS`FINANClAL GUIDE . References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on website (currently, the "DOJ Grants Financial Guide" available at https://bjp.gov/financial- the OJ P ( Y https://bjp.gov/financial- guide/DOJ/index.htm), including any updated version that may be posted during the period of perfor- mance. The recipient agrees to comply with the DOJ Grants Financial Guide. 7. COMPUTER NETWORKS s ands and agrees that it cannot use: any federal funds to maintain or. establish a com- Grantee. under t g p iter network: unless such network blocks the viewing, downloading, and exchanging of pornography. $. CONFERENCESEETIN+GS AND TRAININGS i ient/sub rantee, must comply with all applicable laws, regulations, pol- T p y subrec p g The recipient, and an icier and official DOJ guidance (incl`uding 'specific cost limits, prior approval and reporting require- ments, 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 p eminent DOJ definition of conferences and the rules applicable to this award ap- ears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements in the "DOJ Grants Financial Guide") 9. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM EEOP certifies that you have verified with the appropriate person in your agency that, as a re The Grantee. y cip `ient of VOCA Grant funds, your agency.will complete an EEO.P Certification to claim either a com- plete exemption or limited exemption from the submission requirement: n means that our agency is not required to prepare an EEOP because it meets A complete exemption Y 9 Y one or more of the following: 4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS • 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. 10. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS The Grantee agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of Justice regulation. 11 EXAMINATION OF RECORDS The Grantee authorizes Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper or docu- ments related to the VOLA grant. The State will further ensure that all VOCA subgrantees will authorize representatives of OVC and OCFO access to and the right to examine all records, books, paper or documents related to the VOCA grant. 12. 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 sat- isfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Re- quirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 13. FEDERAL NON-DISCRIMINATION REQUIREMENTS It will comply with any applicable 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 1984 (34 U.S.C. § 20101); • 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.G. §§ 168191683,1685-86); • 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); • 28 C.F.R. Part 54 (U.S. Department of Justice Regulations — Nondiscrimination on the Basis of Sex In Education Programs or Activities Receiving Federal Financial Assistance); • 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). 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Applicant also ensures compliance with Federal law prohibiting grant recipients from -retaliati n g 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 http°I/w�rvw.olp usdo(gov/ocr/. 14. FRAUD, WASTE, ABUSE, OR MISCONDUCT 0 The Grantee, anySubgrantee Y and an Sub rantee at an tier, must promptly refer to the. DOJ OIG any credible evidence that a� employee, rinci al agent, Grantee, Subgrantee, Subcontractor, Or. other person has either 1) p p submitted a false claim for grant funds under.the False Claims Act; or:2): 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or misconduct should be reported to the OiG by: Mail: Office of the inspector` General Email: oiq.hotline dWsdoi.gov U.S. Department of Justice Hotline: (800) 869-4499 Investigations Division Hotline fax: (202) 616-9881 950 Pennsylvania Avenue, NW Room 4706 Washington, DC 20530 .: . . . 15, GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS a1. n tier, must com I with all applicable restrictions on the. use of ..The Grantee, and any Subgrantee at y _ p Y federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various eneral provisions" in the. Consolidated Appropriations Act, 2018,' are set out at https://oip.govffund- g p . in /Ex lore/FY18A ro riationsRestrictions.htm and are incorporated, by reference here. arise as to whether a articular use of federal funds by a recipient (or a subrecipient) Should a question ar p or might fall within the sco e of an appropriations -law restriction, the recipient is to contact COM - would g p MERCE forg uidance, and may not proceed without the express prior written, approval of COMMERCE. 16. GRANT MANAGEMENT ive for each of the parties shall -be responsible for and shall be the contact person for The Representative ....:.::. . 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. 17. GRANT MODIFICATION n provision of this rant to the contrary, at any time during the grant period, COM- Notvvithstanding any p 9 ERCE may, b written notification to the Grantee and without, notice to any known guarantor surety, M y, y 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 under- ,, g standings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. provision of this rant to the contrary, at any time during the grant period, COM - Notwithstanding any pr g MERCE may analyze grant expenditures as a proportion of the grant budget. if COMMERCE deter - Y g g ' COMMERCE, in its sole discretion, mines, in its sole discretion, that the rant fundin is underutilized, may unilaterally modify the rant to `reduce the balance of the grant budget. Funds de. obligated by Y Y y g COMMENCE as a result of a budget reduction may be made available to other grantees for the provi- sion of eligible program activities. 6 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 18.INSURANCE The Grantee shall provide insurance coverage as set out inthis 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, ornegligent orintentional act oromission ofthe Grantee orSubgrenhae/ uboon- traotor,oragentsofeither, while performing under the terms ofthis 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, officens, and employees as additional insureds under the insurance policy. All policies shall be primary toany other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal ormodification. The Grantee aheU submit to COMMERCE within fifteen (16) calendar days of the Grant start dede, a certificate ofinsurance which outlines the coverage and limits defined inthis insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not |eoa than thirty (30) calendar days prior toexpiration ofeach policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide eCommercial General Liability |naur- ancopo!icy, including contractual liability, written onanoccurrence basis, inadequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out ofoubgnents/ uboontracts. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehio|es, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1 000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors end Omissions Insurance. The Grantee ahe|| maintain Profes- sional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum limits of no |eoo than $1.000.000 per occurrence to cover all activities by the Grantee and licensed staff employed orunder contract tothe Grantee. The state of Washington, its agents, officers, and em- ployees need not be named as additional insureds under this policy. 19. NONCOMPETITIVE PROCUREMENT CONTRACTS OVER $250,000 No VOCA 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 "con- tract" (and therefore does.'not consider a subaward). 20. NON -SUPPLANTING CERTIFICATION NoVOCA Grant funds will beused to supplant existing state, local, or other non-federal funding already in place to support current services. VOCA Grant funds will beused to increase the total amount of funds used for crime victim assistance. Violation of the non -supplanting requirement can result in e range of pena|ties, including suspension of future funds under this grant, recoupment of monies pro- vided under this grant, and civil and/or criminal penalties. 7 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 21. OJP TRAINING GUIDING PRINCIPLES Any training or training 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 Subgrant- ees available `at https://Oio.gov/.funding/oipt es. m 22. PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES e/subcontractor must comp y with, :- and is ubjecf to, all applicable` provi- Grantee '(and any subgrante , ns of 41 U.S.C.4712 includn atl applicable provisions that prohibit, under specified circumstances, sio g pemployee,' crimination against. an em to ee as repr- for the s disclosure of informaion related to dis g i p Y mismana ` ement of a federal grant, a gross.waste of federal funds, an abuse of authority relating gross g c danger to public health or safety, or a violation of law, rule, to a federal grant, a substantial and specifi or regulation related to a federal grant. The reci fent also must inform its employees, in writing (and in the predominant native language of the p workforce), of employee rights and remedies under 41 U.S.C. 4712. 23. REDUCING TEXT MESSAGING WHILE DRIVING Pursuant to executiveo Reg. 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Re . 51225 (October 1, 2009) the Department of Justice encourages recipients and sub - recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work. funded' by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by dis- p . . tracted drivers. 24. REPORTING Grantees must collect and maintain data that measure the performance and effectiveness of work done under this grant. ifp roviding direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data col- lection system, relative to the provision of VOLA Expansion/Enhancement Initiative Grant SFY 2020 - 2021 services. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the .provision of VOLA Expansion/Enh'ancement Initiative Grant SFY..2020 - 2021:services. Report data will be due in.infoNet no later than the ,fifteenth day fol - Lowing the end of each 'quarter. ntee shall submit non -personally identifying demographic, service and compliance data re - The Gra p re- quired by state funding sources in the InfoNet data collection system. The Grantee shall maintain doc- umentation and records that support the data reported in InfoNet. The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site. Procedures shall include: • Only authorized staff are provided access to the InfoNet data and files; • Staff are informed of the need for security and confidentiality of data and ifiles maintained in or available through the InfoNet system; and •he Grantee shall notif the Department Program Coordinator for this grant when an employee That t Y is no longer authorized to access the InfoNet system. Grantees will also subm t semi-annual narrative reporta on VOCA Expansion/Enhancement Ini- tiative Grant SFY 2020 - 2021 activities. 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. SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 25. REQUiREMENT PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PER- SONS (INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE A® o The Grantee and any Subgrantee at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients, Subgrantees, or individuals defined (for purposes of this condition) as "employees" of the Grantee or of any Subgrantee. c The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://oiQ.gov/fundinq/Explore/ProhibitedConduct-Trafficking htm (grant condition: prohibited conduct by Grantees and Subgrantees related to trafficking in persons (in- cluding reporting requirements and ®JP authority to terminate award)), and are incorporated by refer- ence here. 26. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED MATTERS No Grantee or Subgrantee under this Grant, or entity that receives a procurement contract or subcon- tract with any funds unde r this Grant, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports �o prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law en- forcement representative of a federal department or agency authorized to receive such information. The forgoing is not intended, and shall not be understood by the agency making this Grant, to contra- vene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive comportment information), or any other form issued by a federal de- partment 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 state- ments 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 2. certifies that, if it learns or is notified that. it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. B. If the Grantee does or is authorized under this Grant to make Subgrantee, procurement contracts, or both: 1. It represents that: a. it has determined that no other entity .that the Grantee's application proposes may or will receive grant funds (whether through a Subgrant, procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agree- ments or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS ifies that if it learns or is notified that an Sub rantee, co ntractor, or subcontractor entity 2: it cert' is or has been re uir%n its employees or -contractors to that receives funds under this Grant q 9 execute agreements or statements that prohibit or otherwise restrict (or purport o prohibit or restrict),.reporting of waste, fraud, or abuse as described above, it will immediate y stop any Y Y= g p ; p t written notification to further obli ations of ward funds to or b that entit wi(I rov�de romp the federal agency making this award, and will resume (or permit resumption of}such obligation only if expressly authorized to do so by that agency. 27. RESTRICTIONS ON LOBBYING general as a matter of federal law, federal funds awarded by OJP ma 'not be used by the Grantee, In gene 9 or an subgrantee at an tier, ither directly or, indirectly, to support or oppose the enactment, repeal, Y 9 Y e Y Y� modification or adoption of any law, regulation, or policy at' any level of government. See 18 U.S.C. p 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred bylaw.) o her federal law generally prohibits federal funds awarded by OJP from being used bythe _Grantee, Ant g Y or an Subgrantee at any tier, to pay any person to influence (or attempt to influence) a federal agency, Y g a Member of Congress, or Congress (or an official �or employee of any of them}.with respect .tot e awardin . of a federal rant or cooperative agreement, Subgrant contract, ,subcontract, or' loan, or with g g to actions such as renextending; ormodifying any such award See 31 U.S.0 1352. respect g Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal or - p ganizationS ion arise as to whether a articular use of federal funds by a Grantee (or Subgrantee) Should any quest P would or r ht fall within the scope' of these prohibitions, the Grantee is to contact COMMERCE for g uidance, and ma not proceed without the express prior written approval of COMMERCE. gY 28. SERVICES TO LIMITED -ENGLISH -PROFICIENT LEP PERSONS To compliance with Title V1 and the Safe Streets Acta the Grantee is required to take reasonable ensure c p_ o their programs. Meaningful access may steps to ensure that LEP persons have meaningful access t p g ,9 entail` providing language a sistance services, including interpretation and translation services, where necessary. Grantees are encouragedto 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. 29. SUBCONTRACTOR DATA COLLECTION ill. submit reports, in a form and format to be provided by COMMERCE and. at intervals as Grantee w p , Y agreed b the parties, regarding work under this Grant performed by. subcontractors and the portion of g 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. 30. ORDER OF PRECEDENCE 10 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS • Attachment B — Budget • Attachment C ® Equal Employment Opportunity Plan Certification • Attachment ® - Victims of Crime Act (VOCA) Program Rule • VOCA Expansion/Enhancement Initiative Grant SFY 2020 - 2021 Application for Funding as sub- mitted and approved by COMMERCE 11 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the 'rneaning set forth below: ed Representative" shall mean the Director and/or the designee 'authorized in writing to A. Author�z p act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Grant" or "Agreement YY means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Fac- simile transmission of a signed copy of this grant shall be the same as delivery of an original. D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Modified Total Direct Costs (MTDC" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholar- ships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. F. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security num- bers, driver license numbers, other identifying numbers, and any financial identifiers. G. "State" shall mean the state of Washington. H. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is perform- ing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "Subgrantee/subcontractor" refers to any tier. I. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not.include an individual that is a beneficiary of such a program. it also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. J. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COM- MIERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with con- tractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclu- sions, and recommendations of the Grantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED P No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 12 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 bind- ing 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 ADA, which provides comprehensive civil rights protection to indi- viduals with disabilities in the areas of employment, public accommodations, state and local govern- ment services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs. 9. AUDIT If the Grantee is a subrecipient and expends $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: A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.5013 reports required by the program -specific audit guide (if applicable), and a copy of any manage- ment letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to auditreview agcommerce.wa.gov. 10. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY AND VOLUN- TARY EXCLUSION—PRI MARY 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 volun- tarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this Grant, been convicted of or had a civil judg- ment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, vi- olation 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; 13 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 3. Are not presently indicted for or otherwise criminally or civilly charged by agovernm ental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and Have not within a three-year period preceding the signing of this Grant had one or more public 4. Y transactions (Federal, State, or local) terminated for cause of default. 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 a rees b si nin this Grant that it shall not knowingly enter into any lower tier covered g_ Y g g ., 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 Y agrees b signing this Grant that it will include the clause titled "Certification g Regarding Debarment, Suspension, Ineligibility and Voluntary. Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solic- itations for lower tier covered transactions: LOWER TiER COVERED TRANSACTIONS a) Th 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 transac- tion person, primery 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 imple- menting Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 'l1. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in. this section includes: 1. All materialp rovided to the 'Grantee .by COMMERCE that is. designated as "confidential" by COMMERCE; 2. All materialroduced b the Grantee that is designated as "confidential" by COMMERCE; and p Y 3. Allp ersonal 1, information in the possession of the Grantee that may not be disclosed under state or federal Iaw. "Personal information" includes but is not limited to.,information, related to a per - g addresses, son s name, health, finances, education, business, use of owernment services:, telephone numbers, social security number, driver's license number. and other identifying num- bers, and "Protected Health Information" under the federal Health Insurance Portability an 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 Co1.nfidential information. The Grantee shall use Confidential Information solely for theur oses of this Grant and shall not use, share, transfer, sell or disclose any Confidential Infor- mation oration to any party third art except with the priorwritten consent of COMMERCE or as may be required by law.:The Grantee shall take all necessary steps to assure that Confidential Information is safe- guarded uarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Infor- , oration or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require 14 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS changes to such policies and procedures as they apply to this Grant whenever COMMERCE rea- sonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within twenty-four (24) hours of any unauthorized use or disclosure of any confidential information, and shall take neces- sary steps to mitigate the harmful effects of such use or disclosure. 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the Office of Crime Victims Advocacy program including but not limited to formulating or drafting the legislation., participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previ- ously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further considera- tion for the award of a Grant. In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes clause of this Grant. 13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be con- sidered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not pro- duced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrev- ocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents 15 GENERAL TERMS'AND CONDITIONS GENERAL GRANT FEDERAL FUNDS that the Grantee has all rights and permissions, including intellectual property: rights, _moral rights and ri hts of ublicity, necessary to grant such a license to COMMERCE..:...:._;:_., g p The.'. he Grantee shall ex ert al[ reasonable effort to advise COMMERCE, at the time of delivery of Materials furnish ed `under this Grant, of all known or potential invasions of privacy contained therein and of any p p p ortion of such document which was not pro in the erformance 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 COM - resolved b direct negotiation, either party may request a dispute hearing with the Director of COM- _ res y g MERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; state the disputed.issues; • state the relative' positions of the parties; state the Grantee's name, address and Grant number; and . the Director and the other party's (respondent's} Grant Representative within three (3) be,mailed to working da s 'after the parties agree that they cannot resolve th,e 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)workin da s.The Director or designee may extend this period if necessary by notifying the g Y parties: The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding: that this dispute rocess shall precede any action in a judicial or quasi-judicial tribu- The parties agree p p nal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the. dispute hearing procedure outlined above. 15. DUPLICATE PAYMENT Il not a the Grantee, if the Grantee has charged or will. charge the State of Wash- COIV MERCE sha p Y n ton or i an other art under any other Grant, subgrant/subcontract, or agreement, for the same ;g Y_ party services or expenses. 16. GOVERNING LAW AND VENUE This'Grant shallbe 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 CourtThurston County. 17. INDEMNIFICATION To the fullest ext permitted ermitted b law, the Grantee shall indemnify, defend, and. hold harmless the state Y of Washin ton COMMERCE, agencies of the state and all officials, agents and employees of the state, .g , from and against all claims for injuries or death arising out of or resulting from the performance .oft e Grant. "Claim" as used in this Grant, means any financial loss, claim, suit, action, damage, or expense, 16 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee/subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties 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 any claim of right, privilege or benefit which would accrue to such officer or employee under law. Con- duct and control of the work will be solely with the Grantee. 19. INDIRECT COSTS The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 20. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insur- ance Services. This provision does not waive any of L&I' s rights to collect from the Grantee. 2 1. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended. 22. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with -all applicable local, state, and federal licensing, accreditation and reg- istration requirements or standards necessary for the performance of this Grant. 23. LIMITATION OF 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, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by the Agent. 17 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS the erformanceof this Grant, the Grantee shall complywith all federal, "state, an During pd local nondis- crimination laws, regulations and. policies.. In the event of the Grantee's'. non... compliance or refusal to comply with any nondiscrimination law, regulation or 001ithis Grant may be(rescinded, canceled or terminated in whole or in part, and the.Grantee may be declared ineligible for further Grants with C - IUIERCE; The(Grantee shall, however, be`given a reasonable time in which (to cure this noncompliance. Any dispute may be resolved in accordance with the "®isputes" 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. Y pees are Employees "similarly em loyed" if the individuals work forth e same employer, the performance p Y 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 simi- larly employed; B. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: '1. A seniority system; a meat 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 com- pensation. 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 agen- der-based differential; and accounts for the entire differential. 3. A bona fide regional difference in compensation level must be: Consistent with business ne- cessity; 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. 25, POLITICAL ACTIVITIES activity of Grantee's employees and officers are limited by the State Campaign Finances and Political,, a y Lobb in revisions of Chapter 42.17A.. RCvv and the Federal Hatch Act, 5 USC 1501 -1508. Lobbyin 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 Grantee which is a local government or, Indian.,Tribal government must establish procurement policies AG and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. AGrant ee which is a 'nonprofit organization shall establish procurement policies in accordance with 2 p g 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. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to B. the maximum extent practical, open and free competition. 18 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS C. Minimum procedural requirements, as follows: 1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. 2. Solicitations shall be based upon a clear and accurate description of the technical 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 price 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 Subgrantee/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 Washington's or COMMERCE's name may reasonably 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 provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 19 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 ma generated under, the Grant, shat( be subject at all reasonable times to inspection, review or audit by .COMMERCE, personnel duly authorized by COM- MERCE, the Office of the State Auditor, and federal and stater officials so authorized by law, regulation or agreement. If any litigation, ation 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 Y required b law, the Grantee shall complete registration with the Washington State Department of q Revenue. 32. RIGHT OF INSPECTION The Grantee shallp rovide 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, cornpiiance, and/or quality assurance under this Grant. 133. 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 rovisions of this Grant are intended to be severable. If any term or provision is illegal or invalid p for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 35. SITE SECURITY While on COMMERCEp remises, Grantee, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 36. SUBGRANTINGISUBCONTRACTING The Grantee maonly subcontract work, contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to sub- contracting, as well as copies -of all subcontracts and records related to subcontracts... For cause, COM- MERCE in writing may: (a) require the:Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or.(c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition 20 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. 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 in- tended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 38. TAXES All payments accrued on account of payroll taxes., unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 39. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or sus- pended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or pro- hibit the Grantee from incurring additional obligations of funds during investigation of the alleged com- pliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to ter- minate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 40. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 41. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the -Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE 21 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS for (i) completed work and services for which no separate price is completed work and services, (iii} other property or services that are accepted by.COMMERCEI�� and (iv). the protection and preservationI n which. case the� Authorized Repre of property, unless the termination. is for defau t i sentative.shall determine the extent of the liability of COMMERCE. Failure to agree With such deter esfy. clause of1his'" COMMERCE m ina'tion s': hall be a' dispute within* the m f the"D' tGrant.meaning Q,-, "Disputes" sum as e Authorized R old from a h Aid orize Representative deter - may withh y amounts du'e­the..� rantee s h mines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE. provided in this, section shall not be exclusive and are in addition to any other rights and remedies provi'ded bylaw or under this -Grant After receipt of a notice oflermination, and except as otherwise directed by the Authorized Representa- tive, the Grantee shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or s u bgra nts/su b contracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed' by the Authorized 'title,: and interest of the Grantee under, the :orders and sub - Representative, all of the rights, ,�Ja which case COMMERCE as the r grants/subcontra'cts'so terminated h ight at its discretion, to settle or r pay any . or all claims arising out of the termination of such orders and, subgrants/subcon- tracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcon- tracts, with the approval or ratification .of the Authorized Representative. to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete perform a'nce of such part of the work I rk asshall nothave be'e'n term in.ated by the Auth.orized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may .direct, for the protection and preservation of the property.related to this.Grant, which. is in the possession of the -May acquire an in Grantee and in which COMMERCE has or teres t- 42. TREATMENT OF ASSETS Title t 1 0 all propertyfurnished by COMMERCE shall remain in COMMERCE. Title to all property fur- ee is en '.t item of or the cost of ed'to e reimbursed as a direc nishe'd by the Grantee,, f c which the Grant cost under this Grant, shall as COMMERCE upon delivery f such y by the pass o and. vest in COM Lo su propert Gr8nte e. :Title to other . . p1he cost of which is reimbursable to theGrantee under'this Gra*nt, shall rf r pass to and vest in COMMERCE u*poh (i)issuanceuse s6 b for f such property in th er pe o mance of this Grant, or (ii) commencement of use of such property in t . he I performance -of this, ... G.ra ntor'(Hi): reimburse- ment of the cost thereof by COMMERCE in whole or in part,,. whichever first.6ccurs., A. Any property of COMMERCE furnished to the Grah tee. shall, unless. otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or . damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. 22 GENERAL TERMS AN® CONDITIONS GENERAL GRANT FEDERALFUNDS C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. All reference to the Grantee under this clause shall also include Grantee's employees, agents or Sub- grantees/Subcontractors. 43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall no ' t be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 23 ATTACHMENT A SCOPE OF WORK VOLA Expansion/Enhancement Initiative Grant SFY 2020 2021 0710112019 through 0613012021 New Hope shall furnish goods and services necessary to accomplish the activities under the VOCA Expansion/Enhancement Initiative Grant SFY 2020-2 021 grant funding during the grant period. This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or services for the federal government's direct benefit. The principle purpose of this Grant is to provide funding for Grant, County Of to accomplish apublic purpose. Funding from this Grant roust be . used to support the services outlined and approved in the VOCA Expansion/Enhancement Initiative Grant SFY 2020 2021 funding application. DATA REQUIREMENTS If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of VOCA Expansion/Enhancement Initiative Grant SFY 2020 - 2021 services. Report data will be due in InfoNet no later than October 15,2019,; January 15, 2020, April 15,___2020,, July 15, 2020; October 15, 2020; January 15, 2021, April 15, 2021 and with final invoice. Grantees will also submit semi-annual narrative reports on VOCA ExpansionlEnhancement Ini- tiative Grant SFY 2020 - 2021 activities. DELIVERABLES 1. Reports — As described in Section 21 of Special Terms and Conditions 2. Audit — If required, audit must be received no later than nine (9) months after the end of the Grantee's fiscal year 3. Vouchers — Must be submitted at least quarterly PERFORMANCE .MEASURES Provision of the deliverables listed above will be measured using the following performance measures: 1. 90% of required reports will be submitted on. time 2. 100% of required audits will be completed on time ATTACHMENT B BUDGET Budget VOCA Expansion SA Total Salaries $93,606.00 $93,606.00 Benefits $40,303.00 $40,303.00 Contracted Ser- vices $38,100.00 $381100.00 Goods and Ser- vices $17,991.00 $17.,991.00 Match $47,500.00 $47,500.00 Total $190,000.00 $190,000.00 Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, in- cluding approval from the Grantee's signature authority and the relevant OCVA Section Manager, I Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current rates for travel may be accessed at httQs:Hofm.wa.gov/sites/default/files/iDublic/re- sources/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 -❑ Direct or CJ Sub recipient of OJP, OVW or COPS funding? Law Enforcement Agency? ❑ Yes ❑ No J Y Vendor Number (only if direct recipient): N/A DUNS Number: y p }� Name and Title of Contact Person: Suzi Fode,Director @g Yw g Telephone, Number: (509) 764-8402 E -Mail Address: sfode rantcount a: oy Section B -Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP is on File for Review ' i nt has fifty or more employees: ees and is receiving a single award or, subaward of $25, 000 or more, but less than. $500, 000, then If a recipe y p y the recipient agency does not have to submit an ESOP to the `OCR for review as long as it certifies the following (42 C.F.R. § 42.305): [responsible official], 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 ESOP 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 ESOP is on file at the following office: [organization], [addressl: Tom Taylor,, BOCC Chair .... r Print or'. Type Name: and. Title Signat re , L Z/ 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 1 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) 7Yes nNo 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 7 Yes 7 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: 7Yes 7No 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 ❑ No If you answered 66Yes" 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 ❑ 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? ❑Yes ❑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 Tom Taylor, Chair Typed Name and Title of Authorized Representative grim Date 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 www.lep.gov. 2. Federal Non -Discrimination Requirements The applicant will comply with any applicable federal nondiscrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (42 U.S.C. § 10604(e)); • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); • the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42 (U.S. Department of Justice Regulations —Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); • Executive Order 13279 (equal protection of the law for -faith based and community organizations); and • 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations —Equal Treatment for Faith Based Organizations). The applicant shall further comply with federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. Civil Rights Provision ® Prohibition of Discrimination for Recipients of Federal Funds The applicant assures compliance of all applicable nondiscrimination requirements of the Victims of Crime Act. No person in any state shall, on the grounds of race, color, religion, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity receiving federal financial assistance, pursuant to the following statutes and regulations: Section 809(c), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789d, and Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Subtitle A, Title 11 of the Americans with Disabilities Act of 1990, 42 U.S.C. 121011 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 sea. 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-trainina.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 Non -Compliance In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex against the Grantee or a program partner or participant receiving grant funds, the Grantee will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the Department of Commerce (COMMERCE). The Grantee shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice funds are involved, and identify all open grants utilizing U.S. Department of Justice funding by grant number and program title. 6. Equal Employment Opportunity Program (EEOP) The Grantee will determine whether it is required to formulate an Equal Employment Opportunity Program (ESOP), in accordance with 28 C.F.R. 42.301 et. seq. If the Grantee is not required to formulate an ESOP, it will submit a certificate form to the Washington State Department of Commerce (COMMERCE) indicating that it is not required to develop an ESOP. 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 ESOP to the OCR and COMMERCE. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the ESOP 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.oip.usdoi.gov/ocr/. Page 5of13 7Grantee 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 VOLA funding is received. Signature of Authori ed Official New Hope Name of Agency BOCC Chair Title of Authorized Official - t I -Z, 2-A 1 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 V11 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. Tom Taylor, Chair Name and Title of Authorized Representative Signature New Hope Name of Organization PO BOX 37 EPHRATA WA 98823-0037 Address of Organization 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). on -i Taylor, BOCC Chair Name and Title of Authorized Representative Signature New Hope Name of Organization PO BOX 37 EPHRATA WA 98823-0037 Address of Organization ZZ - Date 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. Torn 'Talylor, 34CC Chair Name and Title of Authorized Representative Signature New Hope Name of Organization PO BOX 37 EPHRATA WA 98823-0037 Address of Organization 1-1-ok Date Page 9 of 13 REQUEST FOR VOLUNTEER REQUIREMENT WAIVER Current VOCA program guidelines requires that grant recipients must use volunteers as a condition of receiving funds unless the state administrator determines there is a compelling reason to waive this requirement. A "compelling reason" may be a statutory or contractual provision concerning liability or confidentiality of counselor/victim information, which bars using volunteers for certain positions, or the inability to recruit and maintain volunteers after a sustained and aggressive effort. If an applicant requests a waiver of the volunteer requirement, the section below must be completed providing a compelling reason why the use of volunteers is not feasible for the agency. am requesting a waiver for the use of volunteers for my VOCA project/program. F IYes L-. No If you are requesting a volunteer waiver, provide detailed explanation for your request in the following section. waivers may only be requested in the following situations: 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 reason1s: 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 VOLA 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: Name of volunteer: Name of volunteer: I Name of volunteer: Name of volunteer: Name of volunteer: Name of volunteer: Name of volunteer: Job description submitted: ❑ Job description submitted: ❑ Job description submitted: Job description submitted: FMI Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Page 11 of 13 SUPERVISOR AND STAFF JOE 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: Job description submitted: ❑ Name of supervisor/staff: Job description submitted: ❑ Name of supervisor/staff: Job description submitted: ❑ Name of supervisor/staff: Job description submitted: ❑ Name of supervisor/staff: Job description submitted:' a Name of supervisor/staff: Job description submitted: ❑ Name of supervisor/staff: 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: $190000.00 3. Sub -Grant Number (number assigned to your grantor contract): F18-31219-816 1 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. Tota( budget for all victimization programs and $4.00 The amount reported is for the p 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