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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SAJuly 18,2023 Board of Grant County Commissioners PO Box 37 Ephrata, WA 98823 RE: Docu-Sign Signature Permission Requested Dear Board of County Commissioners: APPROVEL, JUL 18 20'23 CONSENT, Please see each attached agreement for review and approval. 1. Sexual ult Core and Specialized Grants Contractor: De ment of Commerceicf e of Crime Victims Advocacy Term of Contract: 7. 023 ough 6.30.2024 Purpose: This agreemeKis toreoew our sexual assault core advocacy services for Grant and Adamsunties. Amount: $2t6r190 for Core and $97,460 forS�ecialized= Total $313,650 2. Domestic Violence Legal Advocacy Grant Contractor: Department of Commerce, Office of Crime Victims Advocacy Term of Contract: 7.01.2023 through 6.30.2024 Purpose: This agreement is to renew our DVLA services for Grant and Adams Counties. Amount: $23,,247 Suzi Fode is requesting permission to Docu-Sign electronically with the contractors. Thank you for your consideration, Suzi Fode, Director Kids Hope and New Hope J JUL 13 "s�23 DocuSign Envelope ID: 36A59180-4B52-4600-8B96-25F7AD54E57C .,/►' Washington State op%i►�artment of Cmmerce Interagency Agreement with New Hope through Office of Crime Victims Advocacy Community Services Division Grant Number: S24-31108-004 For I SFY24 Violence Against Women DVLA Program Dated: 07/01/2023 K23-175 DocuSign Envelope ID: 36A59180-4B52-4600-8B96-25F7AD54E57C � W8shing:ori State C Dei a, merit of Table of Contents TABLEOF CONTENTS........................................:`:....................................................................................................2 FACESHEET...........................................................................................................................................................■ 3 SPECIAL TERMS AND CONDITIONS.........................................................................................................................4 1. AUTHORITY......................................................................................................................................................4 2. BILLING PROCEDURES AND PAYMENT.............................................................................................................4 3. COMPENSATION..............................................................................................................................................4 4. FRAUD AND OTHER LOSS REPORTING.............................................................................................................5 5. GRANT MANAGEMENT....................................................................................................................................5 6. GRANT MODIFICATION...................................................:................................................................................5 7. INSURANCE ......................................................................................................................................................5 8. REPORTING... ...................................................................... ............................................................................. 5 9. REQUIREMENTTO REPORT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION......................................6 10. SUBGRANTEE DATA COLLECTION....................................................................................................................6 11. ORDER OF PRECEDENCE..................................................................................................................................6 GENERAL TERMS AND CONDITIONS.......................................................................................................................7 1. DEFINITIONS....................................................................................................................................................7 2. ALLWRITINGS CONTAINED HEREIN..............................................................................................................:..7 ol 3. AMENDMENTS................................................................................................................................................7 4. ASSIGNMENT...................................................................................................................................................7 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION...........................................................................7 6. COPYRIGHT......................................................................................................................................................8 7. DISPUTES.........................................................................................................................................................8 8. GOVERNING LAWANDVENUE........................................................................................................................9 9. INDEMNIFICATION..........................................................................................................................................9 10. LICENSING, ACCREDITATION AND REGISTRATION...........................................................................................9 11. RECAPTURE.........................i............................................................................................................................9 12. RECORDS MAINTENANCE 13. SAVINGS..........................................................................................................................................................9 14. SEVERABILITY.. .. ... .. ..... ............ .. .. ... ... .................... 15. SUBCONTRACTING........................................................................................................................................10 16. SURVIVAL.......................................................................................................................................................10 17. TERMINATION FOR CAUSE.............................................................................................................................10 18. TERMINATION FOR CONVENIENCE................................................................................................................10 19. TERMINATION PROCEDURES.........................................................................................................................10 20. TREATMENT OF ASSETS.................................................................................................................................11 21. WAIVER.........................................................................................................................................................12 ATTACHMENT A: SCOPE OF WORK.......................................................................................................................13 ATTACHMENTB: BUDGET....................................................................................................................................15 Page -2 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8896-25F7AD54E57C k JV'Vashirig:on State VV Depa--mertt of t �401 Commerce Face Sheet Grant Number: S24-31108-004 Washington State Department of Commerce Community Services Division Office of Crime Victims Advocacy SFY24 Violence Against Women DVLA Program 1. Grantee 2. Grantee Doing Business As (as applicable) GRANT, COUNTY OF New Hope PO BOX 37 EPHRATA, WA 98823-0037 3. Grantee Representative 4. COMMERCE Representative SuziFode Mia Davidson PO Box 42525 Director Program Coordinator 98504-8304 sfode@grantcountywa.gov (360) 725-2835 (509) 764-8402 mia.davidson@commerce.wa.gov 1011 Plum Street SE Olympia WA 98501 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $231247.00 Federal: 7 State: ® Other: 0 N/A: 1:1 07/01/2023 06/30/2024 9. Federal Funds (as applicable) Federal Agency: ALN 10. SwV # 11. UBI # 12. UEI # 13. Indirect Rate (if applicable) SV\IV0002426-17 132001884 ZL6WM26K8KR5 13. Grant Purpose To provide funding in support of the Domestic Violence Legal Advocacy Program that ensures victims' interests are represented and their rights upheld within the criminal and civil justice systems COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work; Attachment "B" — Budget; and Grantee's Application for funding. FOR GRANTEE FOR COMMERCE SuziFode Director Name, Title Cindy Guertin -Anderson, Assistant Director Signature Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL Date APPROVAL ON FILE Page 3 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C Washirlg, yOn State Depa" nerit of %dr C onimerce Special Terms and Conditions 1. AUTHORITY COMMERCE and Grantee enter into this Grant pursuant to the authority granted by Chapter 39.34 RCW. 2. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quarterly, but not more often than monthly. The Grantee shall submit all requests for reimbursement via the Commerce Contracts Management System (CMS). If unable, please submit via email to your grant manager Mia Davidson. If required, the attachments to the invoice request in the Commerce Contract Management System shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services. rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Grantee must invoice for all expenses from the beginning of the Grant through June 30, regardless of the Grant start and end date. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $23,247.00 for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment B — Budget. Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) Page 4 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C 0Washirig:cin State Depa, tme IV ry at of s -IlerC _ percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Payment will be on a reimbursement basis only. 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 travel rates may be accessed at: httr)s:Hofm.wa.00v/sites/default/fi,les/public/resources/travel/colormap.pdf 4. FRAUD AND OTHER LOSS REPORTING Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 5. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 6. GRANT MODIFICATION Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, COMMERCE may, by written notification to the Grantee and without notice to any known guarantor or surety, make changes within the general scope of the program activities to be performed under this Grant. All other modifications shall not be valid unless made in writing and signed by the parties. Any oral understandings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole discretion, may unilaterally modify the Grant to reduce the balance of the grant budget. Funds de - obligated by COMMERCE as a result of a budget reduction may be made available to other grantees for the provision of eligible program activities. 7. INSURANCE Each party certifies that'it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 8. REPORTING Grantees must collect and maintain data that measure the performance and effectiveness of work done under this grant. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of SFY24 Violence Against Women DVLA Program services. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. Page 5 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C V`1,8;311irlgx)n Stale ' � Depart erit of & , ►mme'ybe The Grantee shall submit non -personally identifying demographic, service and compliance data required by state funding sources in the InfoNet data collection system. The Grantee shall maintain documentation and records that support the data reported in InfoNet. The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site. Procedures shall include: Only authorized staff are provided access to the InfoNet data and files; Staff are informed of the need for security and confidentiality of data and files maintained in or available through the InfoNet system; and That the Grantee shall notify the Department Program Coordinator for this grant when an employee is no longer authorized to access the InfoNet system. 9. REQUIREMENT TO REPORT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION The Grantee must have written procedures in place to respond in the event of an actual or imminent breach of personally identifiable information (as defined in RCW's 70.123.076, 5.60.060, and 70.123.075) if Grantee creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information within the scope of a DVLA grant -funded program or activity. The Grantee's breach procedures must include a requirement to report actual or imminent breach of personally identifiable information to the authorized representative identified on the Face Sheet of this Grant no later than twenty-four (24) hours after an occurrence of an actual breach, or the detection of an imminent breach. 10. SUBGRANTEE DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subgrantees and the portion of Grant funds expended for work performed by subgrantees, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subgrantees. "Subgrantees" shall mean subgrantees of any tier. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget • SFY24 Violence Against Women DVLA Program Application for Funding as submitted and approved by COMMERCE Page 6 of 15 DocuSign Envelope ID: 36A59180-4B52-4600-8B96-25F7AD54E57C Wa;,khing.on State Depa'tmartt Of General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written , agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: L All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor -that is designated as "confidential" by COMMERCE; and Page 7 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C ent of omm, er("I'le iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto.. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. _ C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within twenty-four (24) hours of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor 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 Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 8 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8896-25F7AD54E57C �mashirq.on State 14AW Commerce prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, 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 Contractor 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 Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract 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 contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. 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 Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 9 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C 20*4 Washing -or) g -or) state AS � �� C7cpa,°rrte�tt t� 4w 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor'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. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (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 contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 10 of 15 DocuSign Envelope ID: 36A59180-4B52-4600-8B96-25F7AD54E57C ,g a Dep'c' *meet of o Commerce rc COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and ��� COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest 'of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, 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; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and. -in which COMMERCE has or may acquire an interest. 1. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 11 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C o m' Washitig',on Stale � ,Qer.. �-man�t of r COT) practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 12 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C Washitig:on State Depa-lmerrt of Commerce Attachment A: Scope of Work New Hope shall furnish goods and services necessary to accomplish the activities under the SFY24 Violence Against Women DVLA Program grant funding during the grant period. This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or services for the government's direct benefit. The principle purpose of this Grant is to provide funding for New Hope to accomplish a public purpose. Funding from this Grant must be used to support the services outlined and approved in the SFY24 Violence Against Women DVLA Program funding application. Funding from this Grant must be used to support the Grantee's domestic violence legal advocacy program to ensure assistance is available to support a victim's recovery. Grantee must ensure that activities funded under this Grant program are provided to victim s%survivors of both intimate partner and non -intimate partner domestic violence and are available during Grantee's regular business hours. Activities shall include, but not be limited to: • active advocacy on behalf of the client; • courtroom/hearing support and preparation for the courtroom; • assistance with safety planning; • legal education for a client on specific issues; • assistance in procuring protection/no-contact/restraining/anti-harassment orders; • assistance in gathering information for divorce/separation and/or child custody/visitation/parenting plans; and referrals to other agencies which can provide information or assistance to the client. The legal advocate shall have a background in both domestic violence and legal or court -based activities. Grantee must comply with the provision of services to domestic violence clients as described in WAC 388- 61A-1015. The Grantee shall document in the individual's personnel file and record in InfoNet all training that the legal advocate has received in accordance with WAC 388-61A-1080. Funding from this Grant cannot be used for legal representation. CLIENT RECORDS Grantee shall maintain a written file for clients who are served pursuant to this Grant and records must comply with standards found in WAC 388-61A-1060. At a minimum, files shall: • include an intake that clearly demonstrates each client's eligibility for domestic violence services; • be brief in documenting the advocacy services provided to the client if written documentation of services is also maintained in the client file; • document only sufficient information to identify the service provided, and not include any references to client feelings, emotional or psychological assessments, diagnoses, or similar subjective observations or judgments (documentation shall not include any direct quotes from the client); and • include copies of all required releases and client notices. Page 13 of 15 DocuSign Envelope ID. 36A59180-4B52-4600-8B96-25F7AD54E57C ' „� Depa (Tient of ;&'w �., onimerce DATA REQUIREMENTS 1. Grantees will submit quarterly reports on SFY24 Violence Against Women DVLA Program activities to their grant manager. 2. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter (October 15, 2023; January 15, 2024; April 15, 2024; and with final invoice). DELIVERABLES 1. Services — As detailed above 2. Reports — As described in Special Terms and Conditions 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 Page 14 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C CD6pa,71J,,enf of OMITICITC(11 Attachment B: Budget Budget DVLA Salaries $14,751.00 Benefits $4)917.00 Goods and Services $3,579.00 Total $23)247.00 Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current rates for travel may be accessed at https.:,Hofm..wa.gov/sites/defauIt/files/pubIic/resources/traveI/colorm,ap.pdf. Any purchase over $5,000 must be pre -approved by COMMERCE. Page 15 of 15 DocuSign Envelope ID: 36A59180-4852-4600-8B96-25F7AD54E57C Washington State Department of Vii► comierce DocuSign Contract Review and Routing Form Office of Crime Victims Advocacy ,rrr,/r,,, , , , r . r„r,r ,. r ,r. , , r ,, / , , , , ,/, /.. � Hn'' /, / / / /! ( ,,\ . , r / , (, l r / • ,. ,, / � •� ./ ,../,.. „l. r / / . r /r r!/• , rdw / / / ..// \ / / / .r/,,.lir ( , 1. / •. / •�.. r / / / / b , r (- / o rrn / ,/ i/:' / , /. / / , / / /•r //", /. / / / r/., / ,, , / r„�r, , rr , ., ( / / / � \,. r \r,. h / r/r / rN �/ ,: r' r,/ /.r /,/ ./ ,r. r, ,... / / / ..r ..rrr,,,.,, •. r: /,r r., / r ,. /'•/'n, / / r ./! / / ,i ., r/ / r... ,: r /•, r; // •/' /'r/,././ ,.n/%rr ,./ � /: / ! ./ / r.� /'L� l rrr rr,J„ ,N//./ ! (/ !/ .,/, / ,r r .r .. r. ,/ .,rr .. .. ndr ./, //r�r rf / r r��/�,//f,././///n/r,.///.��/,[,/d//��/.././i..,nr:,,:,,,r/,///.,,/:/ri�r,/�/,,,.,/i/iiri,r,r////r•,r/G/:,[r//,./,rr �/�„/,,y%,;, rr,, /,. ,r/:, r /r r� f /, �• /. / rn„; / ;,�'r ,,.// � /,r:/ r. /// // / •�r/f / / /.r / /. / /r ,r//",i i// / �,/,. /\//:,/ / ,//, // !\� Grant t Mia Davidson Manag Proofed documents 7/5/2023 3:37 PM PDT Matched approved Obligation Summary Jodine HoneysettMemo and Allocation Spreadsheet 7/5/2023 13:40 PM PDT Manager Reviewed entry g and coding in CMS Correct template from IntraCOM has (Assistant) been used Richard Torrance Managing OR 7/10/2023 17:14 AM PDT Director Documentation has been included with reason for exception Updated 5/25/2022 I verify that I have: Date: Reviewed by: Title: Grant Manager Checked that Grantee has completed all required certifications and/or forms Updated 5/25/2022 DocuSign V1 I ' Cert teats Of Com letion Envelope Id: 36A591804B5246008B9625F7AD54E57C Status: Sent Subject: Please DocuSign: OCVA DVLA SFY24 VAWA Grant - New Hope ." Signature _ Division: V E r:Deli a Events dito Community Services and Housing c - - Timestam ,; p ' Program: OCVA Statu' ContractNumber: S24-31108-004 Intermedia _ Delive Events rY rY DocumentType: Contract :- " TImestam Source Envelope: Status Document Pages: 16 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Kelly Tracy AutoNav: Enabled 1011 Plum Street SE Envelopeld Stamping: Enabled MS 42525 Time Zone: (UTC -08:00) Pacific Time (US & Canada) Olympia, WA 98504-2525 kelly.tracy@commerce.wa.gov IP Address: 198.239.106.179 Rscord Tracks n g Status: Original Holder: Kelly Tracy Location: DocuSign 7/13/2023 3:11:50 PM kelly.tracy@commerce.wa.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign S!ner Events S ati n ure Timestam : Suzi Fode Sent: 7/13/2023 3:37:47 PM sfode@grantcountywa.gov Director Grant County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/22/2021 9:54:00 AM I D: f9391 c86-5931-4a2b-9328-a83d20f3b27c Cindy Guertin -Anderson cindy.guertin-anderson@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Viewed: 7/14/2023 11:38:28 AM In. Person Se he Events ." Signature _ Tirnestarn V E r:Deli a Events dito St - atus c - - Timestam ,; p ' A nt DOliVery:.EVents - , Statu' Timestarnes Intermedia _ Delive Events rY rY Status ,. :- " TImestam D I Ev n Cerkefsed e e e is _ _ ,. Status Timestam p v n o - E ents Carbo C pY Status _Timestam ; Witness Evernts ;:. Si nature = Timest am Nota ` Events rY . 'Sig---nture - Timestam p v � m _ En e o e Sum _a_ Events Statin Timestam s p : rY p Envelope Sent Hashed/Encrypted 7/13/2023 3:37:47 PM Pa merit Events Status Timestam s Y p Electronoc Record and Si mature Disq osure g Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM Parties agreed to: Suzi Fode ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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