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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SAK -log 19 <a£r>0uepar enCo erce; V•. Grant Agreement with For Grant, County Of through Office of Crime Victims Advocacy Community Services and Housing Division SFY 2020-2021 Crime Victim Service Center Grant Start date: 07/01/2019 THIS. PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS FaceSheet..........................°....°°....................................................................................°. ..1 Special Terms and Conditions .. ' °"""""" 1. Acknowledgement of Federal Funding...................................°.......y....... ....... .2 2. Applicability of Part 200 Uniform Requirements ..................... 3. Billing Procedures and Payment . 2 4. Breach of Personally Identifiable Information(PII).............................. 5. Compensation ... ° ........... .........3 6. Compliance with DOJ Grants Financial Guide 7. Computer Networks ...................................... •.............................. 8. Conferences, Meetings, and Trainings......................................... ............°.... y Equal Employment Q 4 9. Opportunity Program (EEOP}.............................................. 10. Equal Opportunity Treatment For Faith Based Organizations .................... 4 11. Examination of Records .. ..""""'5 12. Failure to Address Audit Issues...........................................................................5 13. Federal Non -Discrimination Requirements ............... .....................................�,,,,...5 14. Fraud, Waste, Abuse, Or Misconduct.......................................................... .......... 6 15. General Appropriations -Law Restrictions on the Use of Federal funds ...... ........... 6 16. Grant Management.................................................................°..... ..........•.... 17. Grant Modification ...... 18. Insurance....°...........°............................................................. 19. Noncompetitive Procurement Contracts Over $250,000 .................................... 20. Non -Supplanting Certification .................•.......... •... ... .8 21. OJP Training Guiding Principles.............................°.°..°............•......................... 22. Prohibitions on Reprisal; Notice to .......... Employees .............. ° 823. Reducing Text Messaging While Driving .... .8 24. Reporting.........................................................•.............................°.°............•....°... .8 25. Requirement Pertaining to Prohibited Conduct Related to Traffickin in Per (Including Reporting Requirements and OJP g sons q Authority to Terminate Award) ....... 9 26. Restrictions and Certifications Regarding Non -Disclosure Agreements and Related Matters g 27. Restrictions on Lobbying.............................................................................. ..... • .10 28. Services To Limited English Proficient (LEP) Persons ....................................... 29. Subcontractor Data Collection............................................................................. 30. ........10 Order of Precedence.......................................11 General Terms and Conditions..................................................................................... 1. Definitions .°......°................ .................................. ... 12 2. Access to Data.................................................................................................... 3. Advance Payments Prohibited............................................................................. 12 4. All Writings Contained Herein .............................. ... 13 5. Amendments.......................................................• ............................. ................ • .13 6. Americans With Disabilities Act (ADA)............................................................... • .13 7. Assignment.......................................................................................................... 8. '.... ° 13 Attorneys Fees ............................... .... 13 9. Audit ...................... 10. Certification Regarding Debarment, Suspension or ........ Ineligibility and Voluntary Exclusion ........................... .................................... 11. Confidentiality/Safe uardin of Information ....... 3 9 g ton.......°.......°..... ...14 2. Conflict of Interest °........°............ .............. ........°...... 13. Copyright Provision...................................................... ............................... �.......................................15 14. Disputes.........• ...... •................................................................16 15. Duplicate Payment...............................................................................................16 16. Governing Law and Venue...................................................................................16 17. Indemnification....................................................................................................16 18. Independent Capacity of the Grantee..................................................................17 19. Indirect Costs.......................................................................................................17 20. Industrial Insurance Coverage.............................................................................17 21. Laws.....................................................................................................................17 22. Licensing, Accreditation and Registration..................................................... .....17 23. Limitation of Authority...........................................................................................17 24. Noncompliance With Nondiscrimination Laws.....................................................18 25. Pay Equity............................................................................................................18 26. Political Activities.................................................................................................18 27. Procurement Standards for Federally Funded Programs....................................18 28. Publicity:...............................................................................................................19 29. Recapture.............................................................................................................19 30. Records Maintenance..........................................................................................19 31. Registration With Department of Revenue ........................... .20 ........ ... 32. Right of Inspection................................................................................................20 33. Savings............................................................... ...................20 ................................ 34. Severability ....................................................................................................... ..20 35. Site Security.........................................................................................................20 36. Subgranting/Subcontracting................................................................................20 37. Survival................................................................................................................21 38. Taxes..................................................................................................................21 39. Termination for Cause.........................................................................................21 40. Termination for Convenience—, ...........................................................................21 41. Termination Procedures......................................................................................21 42. Treatment of Assets.............................................................................................22 43. Waiver.................................................................................................................23 Attachment 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.- 20-31219-022 Waslilngton StateDepaftmi-ebb 6-f CoMmerce Community Services -and Housing, . Division Oflloe of `Cr­j'me.`V[ct*1rn S' A.dvodo.acy -SFY 2020-2021 Crime vicfim Servilce Gen-ter''G.e�:ht - — -------- 1,i, Grante*e 2. Grantee- bo[ng- Business As (optfonad) Gfa.nt,..Gour!ty*Cif New Hope PO BOX '37 EPHRATA WA*98823-0037 3.. Grantee Representative 4. COMMERCE Represetat' n Ive Suz! Fod.e Jenna O'sterman PO Bo'x 42525 D[rector- Program Coordinator 98-504-8304 sfode@grant.county.wa.gov Phone: (360) 725-2884 (5309) 764-8402 Fax: (3600 586-7176 1011. Plum Street SE jenna.osterman@Commerce.wa,gov Olympia WA 98501 5. Grant Arnou n.t 6., Funding Source & 7. Start Date ,end Date $191.5,272,00 Federak Z, State:- Offier: 0 NIAA+- IJ .021 07/ 06/30/2 0 1/20 9, Federal Funds (as applica- Fed­eraf Agen-cy: CFDA Numb er-h-1. 'r' h _n i ebt Rate. (if applicab d ble ,!Department of Justice, Office 16.575 1 g' 3 Bfor V-1[clims of C'. rime, 10, SIM# 11. U-311 # 12. D-UNS 4 SW V0002426-17 132,001884. 010202562- 13, Gra'n.t PUrpose : _Provide services to Victims of crime., COMNVERCE,, deFined as the Department of Com merce, and the Grantee, as defined acknowledge. and accept the terms of above this Grant and aVtachm'en ' ts' and' have oxeq.Qtta�.d this Grant on the date below to start as of thin date and year referenced above, The rights and abligations- of both parties to this errant are governed by this Grant and the z1offowtno other documents s in.corporated by reference.- Grant Terms and Conditions including Attachment A - Scope. of t Attaqb.ment C -Equal f Work, Attachmem B - Budget, Employment Opportunity Plan Certflflcatlon­,� Attachment D. VicitI4 fuhding ' m s of Crime Act. (VOCA) Program Rule, and Grant�be`s Application for FOR GRANTEE' FOR COMMERC E Signa�pre is n -e KI o n tz, As- - [Stj n t D 1 rector Klontz, A ist nt Dire Cindy Carter,,'Vice-Chair Richard Stevens, Member Narne Tjtj'e APPROV Y ED AS TO FORM ONLY' BY ASSISTANT ATTORNEY GE'N ERA L APPROVAL ON FILE Date I 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;7022737 Awarding Official: Department of Justice, Office of Justice Programs, Office for Victims of Crime Amount obligated by this action: $190390.00 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 b Office e 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, change will be processed. A change nding, an administrative g to the Acknowledgement of Federal Funding will not affectour budget or scope of work and notice will be provided. y 2. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS The Uniform Administrative Requirements, Cost Principles, and Audit Requirements DOJ q ements in 2 C.F.R. Part 200, as adopted and supplemented by 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 previously 26, 2014. If this FY 2018 award supplements funds p y 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 of this FY 2018 award. g ter the acceptance date of For more information and resources on the Part 200 Uniform Requirements awards and subawards "sub rants`° see q s as they relate to OJP ( g ), the OJP website at https://Ojp.gov/fundin /Part2000 Requirements.htm. g niform- Record retention and access: Records pertinent to the award that the recipient ("subgrantee") at an tier must retain -- p nfi (and any subrecipient Y } n typically for a period of 3 years from the date of submission 25), unless a different rete ssion of the final expenditure report (SF 4retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) mustrovide access i measurement information, in addition to the financial recordsp include performance , 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 appear to co materials prepared or dis- tributed by OJP that may pp 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. p Y tion. 2 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 3. BILLING PROCEDURES AND PAYMENT The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-19) form provided by OCVA program staff. Invoices shall be submitted at least quarterly, but not more often than monthly, on the invoice Voucher (A-19) Forms. The Invoice Voucher shall be submitted to Jenna Osterman, Program Coordinator Office of Crime Victims Advocacy, Post Office Box 42525, Olympia, Washington b em g 98504-2525.. Invokes can also be submitted electronically y ail to lenna.osterman(bcommerce wa gov COMMERCE will pay Grantee upon acceptance of program activitiesrovi completed invoices. p ded and receipt of properly Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after re- ceipt 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 clamed 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 be made by COMMERCE. Pp p ided under this Grant shall Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shat! not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by an other source, including grants, for that service. Y Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incur or that of its Subcontractors. incurred by its own organization 4. BREACH OF PERSONALLY IDENTIFIABLE INFORMATION PII 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 (or a subcontract/sub g } }creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information on (Pil) (2 CFR 200.79) within the scope of an OJP grant -funded program or activity,. or 2) uses or operates a Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement imminent breach of PH to their Commerce Grant Manager g ement to report actual or g no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 5. COMPENSATION COMMERCE shall pay an amount not to exceed ($195,272.00) for the performance of all things nec- essary for or incidental to the performance of work as set forth in Attachment A -Scope of Work. Grantee's compensation for services rendered shall be based on the following rates or in accordance with Attachment B —Budget. The Grantee shall provide anon -federal match for the Victims of Crime Act portion of this Grant. The total match to be provided shall be at least $48,818.00. All funds designated as match are restricted to the same uses as VOCA federal funds. Match funds may be expended in a greater proportion to grant funds, however, all match funds must be expended prior to the close of this Grant. Expenditures of match funds must be identified on the invoice voucher form. 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 3 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS of the total program budget shall be subject to justification and negotiation between g the Grantee and OCVA, including approval 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 per day or $81.25 per hour for the Victims of Crime Act portion of this Grant (excluding travel and subsistence costs). Travel expenses incurred or 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 Reg- ulations. Any out-of-state travel must be approved in advance by the COMMERCE program coordinator for this Grant. Current travel rates may be accessed at httgs://ofm.wa.gov/sites/default/files/public/re sources/trave{/colormap pdf The Grantee agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs Financial Guide, which can be found at https://oip.gov/finan- cialauide/doi/pdfs/DOJ FinancialGuide pdf. Funds payable under this Grant include federal Victims of Crime Act (VOCA) victim assistance grant funds (CFDA Number 16.575). In performance of the services, requirements, and activities set forth herein the Grantee shall comply with all applicable federal requirements of the Victims of Crime Act Rule htt s:// ter. ov/documents/2016/07/Q�8/2016-1 6035/v' _ - � www.federalre�q�s- of_ crime -act -victim -assistance- ro ram. 6. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE References to the DOJ Grants Financial Guide are to the DOJ Grants Financia( Guide the OJP website current{ the "DOJ as posted on (currently, Grants Financial Guide" available at htt s://o` ov/fina - guide/DOJ/index.htm), including an updated version p Jp g ncial Y p that may be posted during the period of perfor- mance. The recipient agrees to comply with the DOJ Grants Financial Guide. 7. COMPUTER NETWORKS Grantee understands and agrees that it cannot use any federal funds to maintain or establish a com- puter network unless such network blocks the viewing, downloading, and exchanging of g g pornography. 8. CONFERENCESq MEETINGS AND TRAININGS The recipient, and any subrecipient/subgrantee, must comply with all applicable laws pol- icies, and official DOJ guidance (including s pp , regulations, ( g pacific cost limas, prior approval and reporting require- ments,uire- ments, where app(cable) governing the use of federal funds for expenses related to conferences a that term is defined by DOJ), includingthe provision { s p of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable t pears in the DOJ Grants Financial Guide pp o this award ap- pears (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 9. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM LEEOP) The Grantee certifies that you have verified with the appropriate person inour agency our agency Y g cy that, as a re- cipient of VOCA Grant funds, Y g y will complete an ESOP Certification to claim either a com- plete exemption or limited exemption from the submission requirement. A complete exemption means that your agency is not re required to q prepare an EEOP because it meets one or more of the following: 11 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 thatenc our a has f 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 EASED 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 representatives, ac Chief Financial Officer, (OCFO), and its re p cess to and the right to examine all records, books, paper or docu- ments related to the VOCA grant. The State will further ensure that all VOCA sub Tante representatives of OVC and OCFO access to and the right to examine all g es will authorize 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 Y grant funds, or may impose other related requirements, if (as determined by the DOJ awardingagency) the Grantee does not sat- isfactorily and promptly address outstanding issues from audits required b the P q Y art 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 ch may include. • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (VOCA) 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.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 E Opportunity, Policies and Procedures); Equal Employment • 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 comm Department unity organizations}; and 28 C.F.R. Part 38 ((U.S. p t of Justice Regulations — Equal Treatment for Faith Based ased 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Applicant also ensures compliance with Federal law prohibiting grant recipients from retaliating acing against individuals taking action or participating in action to secure rights protected b federal law. obligations of Grantees ca Y Information about civil rights obli g n be found at http.//www.olp.usdogov/ocr/ 14. FRAUD, WASTE, ABUSE, OR MISCONDUCT The Grantee, and any Subgrantee at any tier, must promptly refer to the DOJ OIG an credible ee, agent, Grantee Y ible evidence that a principal, emplo Y g , Subgrantee, Subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2 committed a cri, minal 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: Y Mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, NW Room 4706 Washington, DC 20530 Email: oip.hotline(�usdoi ov Hotline: (800) 869-4499 Hotline fax: (202) 616-9881 15. GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS The Grantee, and any Subgrantee at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions including "general provisions" in the Consolidated � g from various Appropriations Act, 2018, are set out at htt s.//o' ov/fund- inq/Explore/FY18AopropriationsRestrictions htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds b recipient or a ht fall within the scope Y a p ( subrec�p�ent} would or might pe of an appropriations -law restriction, the recipient is to contact COM- MERCE for guidance, and may not proceed without the express prior written approval of COMMERCE. OMMERCE. 16. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 17. GRANT MODIFICATION Notwithstanding any provision of this grant to the contrary, at any time duringthe rant COM- MERCE may, by written notification to the Grantee g period, 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 under- standings and agreements not incorporated herein, unless made in writing g 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, COM- MERCE MERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE ERCE deter- mines, in its sole discretion, that the grant funding is underutilized, COMMERCE in its sol may unilaterally modifythe rant to reduce � e discretion, g the balance of the grant budget. Funds de -obligated by COMMERCE as a result of a budget reduction may be made available to otherrantees for the provi- sion of eligible program activities. g SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 18. INSURANCF The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcon- tractor,performing or agents of either, while p ing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of an insurance cancellation, non -renewal or modification. Y The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance the term of the Grant, the Grantee shall submit renew section. During al certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force the term of this Grant, as follows: and effect during CommercialGeneral Liability Insurance Policy. Provide a Commercial General Liability ability Insur- ance Policy, including contractual liability, written on an occurrence basis in adequate protect against legal liabilityarising out of Gran J000,000 quate quantity to g t activity but no less than $1per occurrence. Additionally, the Grantee is responsible for ensuring that any Sub rantee/sub e for the activities g contractor provide adequate insurance coverage es arising out of subgrants/subcontracts. Automobile Liability. In the event that performance pursuant to this Grant in vehicles, owned oro operated b the involves the use Of p y Grantee or its Subgrantee/subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liabilityis 1 usinga Combined Sin � ,000,000 per occurrence, Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain Profes- sional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum no less than $1,000,000 per occurrence to covern�mum limits of all activities by the Grantee and licensed staff employed or under contract to the Grantee. The state of Washington, its agents, em- ployees need not be named as addition g officers, and al insureds under this policy. 19. NONCOMPETITIVE PROCUREMENT CONTRACTS OVER $25Q_3000 No VOLA Grant funds will be used to use a noncompetitive approach in an r pp y procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000. This for the purposes ) condition apples to agreements that, p poses of federal grants administration, OJP considers a procurement "con- tract" (and therefore does not consider a subaward). 20. NON -SUPPLANTING CERTIFICATION No VOLA Grant funds will be used to supplant existing state, local, or other non -f ederal 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 thisrant pro- vided under this grant, and civil and/or criminalg � recoupment nt of monies 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 an tier, develops Y � or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrant- ees, available at https:Hoip.gov/funding/oiptrainingquidingorincip(es htm. 22. PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES Grantee (and any subgrantee/subcontractor) must comply with, and is subject to all all applicable > applicable provi- sions of 41 U.S.C. 4712, including pp ble provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority to a federal grant, a substantial ands specific danger to relating p g public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 23. REDUCING TEXT MESSAGING WHILE DRIVING Pursuant to executive order 13513, "Federal Leadership on ReducingText Messaging 74 Fed. Reg. 51225 October 1 2009 g g While Driving, ( ), the Department of Justice encourages sub - recipients recipients and - recipients to adopt and enforce policies banningI p b employees oyees 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- tracted drivers. 24. 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 datauarterl in the col- lection q Y e InfoNet data col lection system, relative to the provision of SFY 2020-2021 Crime Victim Service Center Grant services. If providing direct services or outreach, the Grantee shall submit data quarterly in the lection system, relative to the provision of q Y InfoNet data, col- lection SFY 2020-2021 Crime Victim Service Center Grant services. Report data will be due in InfoNet no later than the fifteenth day followingthe end of each quarter. The Grantee shall submit non -personally identifying demographic, service and compliance data 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 files mai available through the InfoNet system; and maintained in or • That the Grantee shall notify the Department Program Coordinator for thisrant when is no longer authorized to access the InfoNet system. g an employee 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. sdiction. 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 AWARD) The Grantee and any Subgrantee at any tier, must comply with all applicable requirements requirements to report allegations) pertaining pp q ements (including g ) p eg to prohibited conduct related to the trafficking ofpersons, whether on the part of recipients, subrecipients, Subgrantees, or ' g g individuals defined (for purposes of this condition) as "employees" of the Grantee or of any Subgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at h fit .//o ov/fundin /Ex lore/ProhibitedConduct-Traffickin .htm (grant condition: prohibited conduct by Grantees and Subgrantees related to trafficking in persons (in- cluding reporting requirements and OJP authority to terminate award)), and are incorporated refer- ence here. )) porated by 26. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AG RELATED MATTERS AGREEMENTS AND No Grantee or Subgrantee under this Grant, or entity that receives arocurement c subcon- tract with any funds under this Grant may re p contract or subcon y quire any employee or contractor to sign an internal con- fidentiality agreement or statement that prohibits or otherwise restricts or in accordance with law � purports to prohibit or restrict, the reporting ( ) of waste, fraud, or abuse to an investigative or law e department or enc g enforcement representative of a federal de p agency authorized to receive such information. The forgoing is not intended, and shall not be understood by the agency making this contra- vene to Stand g Y g s Grant, to contra vene requirements applicable and Form 312 (which relates to classified information), Form 4414 (which relates to sensitive comportment information), or an other form issue de- partment or agent governing the nondisclosure Y d by a federal Y g g sclosure of classified information. A. In accepting this award, the recipient: 'i. represents that it neither requires nor has required interna( confidentialitya mems from employees or contractors that c agreements m encs or state- ments prohibit or otherwise currently restrict (or purport to prohibit or restrict), employees or contractors from reportingwaste fraud or as described above; and abuse 2. certifies that, if it learns or is notified that it is or has been requiringits employees 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 immediate) further obligations of award funds will provide Y stop any p prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such only obligations authorized to do sob Y agency. . g y �f expressly genc Y D. If the Grantee does or is authorized under this Grant to make Subgrantee, roc or both: g , procurement contracts, I. It represents that: a. it has determined that no other entity that the Grantee's applicationro oses h a Sub p p may or will receive grant funds (whether through grant, 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 re p rwise p p strict) 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 actual basis, to support this representation; and X SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 2. it certifies that, if it learns or is notified that any Subgrantee, contractor, , or subcontractor entity that receives funds under this Grant �s or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or ur orrestrict , re ortin of wa purport t to prohibit or reporting waste, fraud, or abuse as described above, it will immediately stop any further obligations of ward funds to orb y that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption only if expressly authorized to do sob y that agency. p n of) such obligation . 27. RESTRICTIONS ON LOBBYING In general, as a matter of federal law, federal funds awarded b OJP may y not be used by the Grantee, or any subgrantee at any tier, either directly or indirectly, to support or oppose the modification, or adoption of an law, regulation, r pp enactment, repeal, Y g , o policy at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statutes specifically authorizes that otherwise would be barred b law. p Y or�zes certain activities Y ) Another federal law generally prohibits federal funds awarded b OJP from bei or any Subgrantee at an tier, to a an y ng used by the Grantee, Y pay y person to influence (or attempt to influence) a federal agency a Member of Congress, or Congress (or an official or employee of an of them) y7 Y y em) with respect to the awarding of a federal grant or cooperative agreement, Subgrant, contract subcontract, extending, � or loan, or with respect to actions such as renewing, nding, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that a lies to ganizations. pp Indian tribes and tribal or - Should any question arise as to whether a particular use of federal funds by a Grantee (or Subgrantee) would or might fall within the scope of these prohibitions, the Grantee is to contact COMMERCE for guidance, and may not proceed without the express prior written approval of COMMERCE. OMMERCE. 23. SERVICES TO LIMITED -ENGLISH -PROFICIENT LEP PERSONS To ensure compliance with Title VI and the Safe Streets Act, the Grantee is re steps to ensure that LEP persons have required to take reasonable p meaningful access to their programs. Meaningful access ma entail providing language assistance services, including interpretation and trans Y necessary. Grantees are encouraged translation services, where to consider the need for language services for LEPersons served or encountered both in developing their programs and budgets and i p g n conducting their programs and activities. Reasonable costs associated with providing access meaningful considered allowable program ram costs. g for LEP individuals are 29. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided b COMMERCE ERCE and at intervals as agreed by the parties, regarding work under this Grant performed b subcontract Grant funds expended for work performed Y ors and the portion of p by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Sub mean subcontractors of any flier. contractors shall 30. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistencyshall be in the following order: resolved by giving precedence • Applicable federal and state of Washington statutes and regulations ® Special Terms and Conditions • General Terms and Conditions Attachment A -- Scope of Work 10 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS • Attachment B — Budget • Attachment C —Equal Employment Opportunity Plan Certification • Attachment D - Victims of Crime Act (VOCA) Program Rule • SFY 2020-2021 Crime Victim Service Center Grant Application for Funding as submitted and ap- proved by COMMERCE 11 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee act on the Director's behalf. gee authorized �n writing to B. "COMMERCE" shall mean the Department of Commerce. C. "Grant" or "Agreement" means the entire written agreement between en COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated b p y reference. E-mail or Fac- simile transmission of a signed copy of this grant shall be the same as delivery ery of an original. Grantee shall mean the entity identified on the face sheeterformin p g 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 first25 $ ,000 of each subaward (regardless of the period of performance of the subawards under the award).expenditures, MTDC excludes equipment, capital ex p charges for patient care, rental costs, tuition remission, scholar- ships and fellowships, participant support costs and theortion of each $25,000. p subaward in excess of F. "Personal Information" shall mean information identifiable to an person, y p n, including, but not limited to, information that relates to a person's name, health, finances, education bu of governmental services or other activities addresse , siness, use or receipt s, telephone numbers, social security num- bers, driver license numbers, other identifying numbers, and an financial Y identifiers. G. "State" shall mean the state of Washington. H. "Subgrantee/subcontractor" shall mean one not in the employment of th e Grantee, who is perform- ing all or part of those services under this Grant under a separate Grant p with the Grantee. The terms "Subgrantee/subcontractor" refers to any tier. 1. "Subrecipient" shall mean a non-federal entity that expends federal awards ards 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 ser COM- MERCE; provides services under the rant only vices requested by B y to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or fails to meet per-unit basis with con- tractual penalties if the entity t program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to Grant to COMMERCE the Joint data generated under this 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 methodolo for those models. gY 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to bero be made by COMMERCE. p vided under this Grant shall 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 oral or otherwise, regarding the subject m p er understandings, g g j atter 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 amendment bind- ing signed b s shall not be bind ing unless they are in writing g y personnel authorized to bind each of the parties. 6. AMERICANS WITH DISABILITIES ACT ADA OF 1996 PUBLIC LAW 161-336 ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights indi- viduals with disabilities in the areas of employment,9 protection to 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 Grantee without prior written consent of COMMERCE. assigned by the 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation brought to enforce Grant terms each a g tion or other action 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 awardsr f om any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit oraro r - audit for that fiscal year. Upon completion of each audit the Grantee shall. p gam specific A. Submit to COMMERCE the reporting package specified in OMB Super Circular the program -specific p r 2 CFR 200.501, reports required b Y p g p c audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective actionlans for all p audit findings. If the Grantee is a subrecipient and expends less than $750,000 in federal awards f sources in any fiscal year, the Grantee shall notify from any and/or all t y COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to auditreview commerce.w a.coy. 16. CERTIFICATION REGARDING DEBARMENT9 SUSPENSION OR INELIGIBILITY lCCLUSION ---PRIMARY AND AND VOLUN- TARY ELOWER TIER COVERED TRANSACTIONS A. Grantee, defined as the primary participant and it principals, certifies b signing ni g ng 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,volun- tarily or volun tarily excluded from covered transactions by any Federal department oragency. 2. Have not within a three-year period preceding this Grant, been convicted of or h judg- ment a civil �udg 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, ansaction, 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 a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and 4. Have not within athree-year period preceding the signing of this Grant had one or more public 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 agrees by signing this Grant that it shall not knowingly enter into an person who is de g y y lower firer covered transaction with a p barred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE D. The Grantee further agrees by signing this Grant that it will include the clause titled Certification Regarding Debarment, Suspension, , neligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions solic- itations for lower tier covered transactions: and in all LOwER TIER COVERED TRANSACTIONS 1. The lower tier Grantee certifies, by signing this Grant that neither it no presently debarred, suspended, proposed r its principals is p , p p for debarment, declared ineligible, or voluntarily ex- cluded from participation in this transaction by any Federal department or enc 2. Where the lower tier Grantee ' p agency. 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, ineli ible lower tier r covered transac- tion person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings s.et out in the Definitions and Coverage sections of the imple- menting Executive Order 12549. You may g rules y contact COMMERCE for assistance in obtaining a copy of these regulations. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is. designated as confidential by COMMERCE; g 2. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Grantee that may not be disc) or federal law. "Personal information" ' Y ®sed under state includes but is not limited to information related to a per- son's name, health, finances, education, business, use of government services, ,addresses,. telephone numbers, socia{ security , driver's license number and other identifying num- bers, and "Protected Health Information" under the federal Health Insurance Accountability Act of 1996(HIPAA).Portability and B. The Grantee shall comply with all state and federal laws related to the use s or disclosure of Confidential Info haring, transfer, sale, Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Infor- mation to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safe- guarded to prevent unauthorized use, sharing, transfer, sale or disclosure of C Infor- mation or violation of an state or fed Confidential I nfor- Y federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE CE rnayrequire 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, pthe 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 Actt Chap ers 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the rocurernent of, or performance under this Grant. p Specific restrictions apply to contracting with current or former state employeesursuant to chapter Ater 42.52 of the Revised Code of Washington. The Grantee and their subcontractors must identify an �} Y Y 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,artici atin p p gin grant procurement planning and execution, awarding grants, and monitoring grants, duringthe 24 month period preceding the start date of this Grant. Identifythe in 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 toursue p the same remedies against the Grantee as it could pursue in the event of a breach of the Grant b the Grantee. The rights and remedies of COMMERCE provided for in this y p s clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which ch COMMERCE makes any determination under this clause shall be an issue and may be reviewsd 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" e as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be con- sidered n sidered the author of such Materials. In the event the Materials are not considered "works for hir " e 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 publicityto COMMERCE CE 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, nts, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films tapes, pes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and thea ability ' to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not pro- duced duced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrev- ocable license (with rights to sublicense to others such } in ch Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents p s 15 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS that the Grantee has all rights and permissions, including intellectual property rights, rights of publicity, necessaryto rant such p p Ymoral rights and g a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery furnished under this Grant of all know livery of Materials n or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The written notice Grantee shall provide COMMERCE with prompt tice 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 theartie art m p sand it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COM- 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 • be mailed to the Director and the other party's (respondents) Grant Representative within three (3) working days after the parties agree, that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or - - nal. 1 quasi-judicial tribu- nal. Nothing in this Grant shall be construed to limit the parties' choice of a mutuallyacceptable dispute resolution (ADR) method in addition to eptable alternate } the dispute hearing procedure outlined above. 15. DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge t Wash- ington under a g he State of Wash ington or any other party any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 16. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state and the venue of any action brought hereon of Washington, g der shall be in the Superior Court for Thurston County. 17. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend and hold of Washington, COMMERCE en 9 harmless the state agencies cies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resultingfrom the performance of the 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 bodilyinjury, �ur sickness, kness, 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 includ agents, employees, representatives es any claim by Grantee's or an y 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 or reduced by an actual or able State shall not be eliminated Y 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 quired to indemnify, defend and hold harmless the state and its agencies, ncies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationshipwill be created Grantee and its employees or encs e Bated by this Grant. The Y g 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 ndustrial 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 Y the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct t 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, Insur- ance Services. This provision does (L&I) Division of e not waive any of L&I's rights to collect from the Grantee. 21. LAWS The Grantee shall comply with all applicable laws, ordinances codes regulations, governments, � g lations, and policies of local, state, and federal g , as now or hereafter amended. 22. LICENSING ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, s or standards necessary sing, accreditation and reg- istration requirement. y 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, ora apparent authority ority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, an alteration am or waiver or any clause or condition of this Y amendment, modification, is Grant is not effective or binding unless made in writing and signed by the Agent. g 17 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comp) with all federal crimination laws, regulations and policies. y , state, and local nondis- crimination p cies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, terminated in whole or in part, and the Gran Y scinded, canceled or Grantee may be declared ineligible for further Grants with COM- MERCE. The Grantee shall, however, be given a reasonable time in which to c Any dispute may be resolved in accordance cure this noncompliance. with the "Disputes" procedure set forth herein. 25. PAY EQUITY The Grantee agrees to ensure that "similarly employed" individuals in its workforce as equals, consistent with the following: are compensated A. Employees are "similarly employed" if the individuals work for the same employer, arable skill effort, p oyer, the performance of the job requires comparable ort, and responsibility, and the )obs 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 faith and on an of the following: are based �n good Y g 1. A seniority system; a merit system; a system that measures earnings b g Y 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 aen- der-based differential; and accounts for the entire differential. g 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 epartment of Enterprise services determines that the Grantee is not in compliance with thisp rovision. 26. POLITICAL ACTIVITIES Political activity of Grantee's employees and officers are limited b the State C Lobbying provisions of Chapter 42.17A Y Campaign Finances and p RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for ora against person for public office. g st the candidacy of any 27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A Grantee which is a nonprofit organization shall establish procurementolicie CFR Part 200, for all purchases funded by this Grantp sin accordance with 2 . . The Grantee's procurement system should include at least the following: g A. A code or standard of conduct that shall govern the performance of its ed in the awarding officers, employees, or agents engaged ng of contracts using federal funds. B. Procedures that ensure all procurement transactions shall be conducted in en and free a manner to provide, to the maximum extent practical, open ee competition. 18 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS C. Minimum procedural requirements, as follows: I. Follow a procedure to assure the avoidance of purchasing unnecessaryduplicative or p e 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 forromotin th interest of the program involved. p g e best 5. Contracts shall be made only with reasonable subgrantees/subcontractors who possess potential ability to perform successful) under p ess the y the terms and conditions of the proposed procurement. 6. Some form of price or cost analysis should be performed in connection with every Y p rocur ement 7. Procurement records and files for purchases shall include all of the following: g 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 p follow -u 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 an related Y procurement curernent documents and justification for non-competitive procurement, if applicable. 23. 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- prior written consent of COMMERCE. p ,without the 29. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws federal and/or the provisions of this Grant COMMERCE laws, 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 due under this Grant. payments 39. 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 19 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS and practices that sufficiently and properly reflect all direct and indirect costs of an in the performance of this Grant. Y nature expended The Grantee shall retain such records for a period of six years followingthe date of fin no additional cost, these records including of payment. At materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel dulyauthorized COM- MERCE, the Office of the State Auditor, and f ed by y 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)period, th i Year p e records shall be retained until all litigation, gation, claims, or audit findings involving the records have been resolved. 31. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Grantee shall complete registration with the Washington State g Department of Revenue. 32. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or an of its officers, other authorized agent or official of the state of Washingtony cers, or to any or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality Grant. q Y assurance under this 33. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice be am t ce requirement. In lieu of termination, the Grant may ended to reflect the new funding limitations and conditions. 34. SEVERABILITY The provisions of this Grant are intended to be severable. If any term orrovision is for any reason whatsoever, such ills p illegal or invalid illegality or invalidity shall not affect the validity of the remainder of the Grant. 35. SITE SECURITY While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 36. SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains t approval of COMMERCE. he prior written If COMMERCE approves subcontracting, the Grantee shall maintain writtenrocedure sub- contracting, of all subcontracts p s related to sub contracting, as well as copies t acts and records related to subcontracts. For cause, COM- MERCE in writing may, (a) require the Grantee to amend its subcontractingprocedures to this Grant; (b) prohibit the Grantee from sub p as they relate contracting 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 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 ase or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Every subcontract shall include a term that COMMERCE and the State of Washington are not fi Gable 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 conte in- tended are i n 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 sus- pended. Y or In the event of termination or suspension, the Grantee shall be liable for damages as authorized ed bylaw including, but not limited to, any cost difference between the original Grant and the replacement cover Grant and all administrative costs directlyrelated p ment or t d 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 furthera men pro- hibit y ts, o r pro hibit the Grantee from incurring additional obligations of funds during investigation of the alleged ged com- pliance breach and pending corrective action by the GRANTEE or a decision b COMMERCE E fio 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 en nonce, beginning on the second day after the mailing, terminate this Grant, in whole or inart. If this p 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 rightsrovided in this Grant, rant, may require the Grantee to deliver to COMMERCE any property specifically produced or f acquired performance of such part of this Grant as has be q or the 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 separatelystated for completed � p eted work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated,ii () partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and(iv) r ( ) the protection and preservation of property, unless the termination is for default, in which case the Authorized Repre- 21 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS sentative shall determine the extent of the liability of COMMERCE. Failure to agree with such urination shall be a dispute within the meaning "Disputes" g h deter- mination ng of the Disputes clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative mines to be necessary to protect COMMERCE p deter - against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed b the Authorized Representa- tive, the Grantee shall: Y I. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts 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 b the A rights, title Y Authorized Representative, all of the ri g , and interest of the Grantee under the orders and sub- grants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, settle or pay any or all claims arisingout of the g n, to 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 theur ose p p sof 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 d have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, Y t, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 42. TREATIVIENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to allr p operty fur- nished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon deliver of such property the cost of which y p p Y by the Grantee. Title to other property, ch is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in theerformance of p this Grant, or (ii) commencement of use of such property in the performance of this Grant or (iii) reimburse- ment of the cost thereof b COMM � ( ) eimburse- y COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwiserovide approved by COMMERCE, be used p d herein or only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to propertyof COMMERCE that results from the negligence of the Grantee or which results from the failure on theart of the p Grantee to maintain and administer that property in accordance with sound managementp ractices. 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. W GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS D. The Grantee shall surrender to COMMERCE all property of COMMERCEprior to settlement upon completion, termination or cancellation of this Grant. All reference to the Grantee under this clause shal-I 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 not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 23 ATTACHMENT A SCOPE OF WORK SFY 2020-2021 Crime Victim Service Center Grant 07/01/2019 through 06/30/2021 Grant, County Of shall furnish goods and services necessary to accomplish the activities under the SFY 2020-2021 Crime Victim Service Center Grant grant fundingduring the g grant period. This Grant is not a benefit or entitlement to the Grantee. It is not to be use government's d to acquire property or services for the federal g s direct benefit. The principle purpose of this Grant is torovide funding for Grant, County Of to accomplish a public purpose. p Funding from this Grant must be used to support the services outlined and a 2021 Crime Victim Service Center Grant fu approved in the SFY 2020- funding application. DATA REQUIREMENTS If providing direct services or outreach, the Grantee shall submit datauar provision q terly in the InfoNet data collection system, relative to the p sion of SFY 2020-2021 Crime Victim Service Center Grant ser- vices. Report data will be due in InfoNet no later than October 15 2019• ,Januar • 2020,_and with final invoice. - 15, 2020, A ril 15 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 month Grantee's fiscal year s after the end of the Y 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 BUDGET Budget CVSC Salaries $95,792.00 Benefits $501117.00 Goods and Ser- vices $49,363.00 Match $48,818.00 Total $195,272.00 Total $95,792.00 $50,117.00 $49,363.00 $48,818.00 $1951272.00 ATTACHMENT B 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. 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.qov/sites/defauIt/fiIes/pubIic/re- sources/travel/colorma 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 2 Sub recipient of OJP, OVW or COPS funding? Law Enforcement? Agency? Q Yes ❑ No DUNS Number: 010202562 Vendor Number (only if direct recipient): N/A Name and Title of Contact Person: Suzi Fode,Director Telephone Number: (509) 764-8402 E -Mail Address: sfode@grantcountywa.gov Ywov g Section B—Declaration Claiming Exemption from EEOP Submission Requirement and Certif in Th Review Y g at an ESOP Is on File for If a recipient has fifty or more employees and is receiving a single award or, subaward of $25 000 or more the recipient agency does not have to submit an EEOP to the OCR for review � but less than $500, 000, then as long as it certifies the following (42 C.F.R. § 42.305): Grant County Board of County Commissioners certify that Grant County [responsible official], Which has fifty or more employees and is receiving a single award for $25,000 or more [recipient] ESOP in accordance with 28 CFR pt. 42, subpt E. I further � but fess than $500,000, has formulated an p certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for rev' the appropriate state planning agency, and the Office for Civil Rig tRights, Office of Justice Programs, U.S. Department of Justice. The ESOP review by the public, employees, is on file at the following office: Grant County [organization], PO Box 37, Ephrata, WA 98823 [address]. �. Cindy Carter Vice- h Rid, icard Stevens, I e ),_6 f air�. -- a fix - Print or Type dame and Title �b"{�{ Signature r� 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 applicantsindiv' other than � :duals) 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 use tracking purposes and to validate address and point of d for p contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used ran throughout the cycle. obtaining a DUNS number is a free one-time activity. g grant life vity. 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: 1 010202562 2. System for Award Management (SAM) Registration The applicant organization must acquire or renew registration with the System for Award Management (SAM). SAM is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. Information about SAM registration procedures can be accessed at www.sam.gov. Agency is registered in System for Award Management (SAM) Smaw yes ❑ no 3. Audit Requirements Federal Grant Funds Subrecipients expending $750,000 or more in federalrant funds annually required to secure an audit pursuant to OMB Uniform g ally are 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 Y p g fiscal year I yes ❑ no 4. Executive Compensation Data In certain circumstances recipients of federal funds must report the names and total compensation 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: 7 yes I no 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 "yes79 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. p 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 co of Internal Revenue Service to OCVA with this application. copy ❑ Letter is attached El Letter was submitted with previous application(s) Not applicable (local government, Tribe) 6. Computer Networks The applicant understands and agrees that it cannot use VOCA Grant funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. g g 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 fundingahead in lace pp sting y p 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, includingsuspension of f funds under this grant, recoupment of monies provided p future p under this grant, and civil and/or criminal penalties. 8. ADA Requirement (FOR NON -TRIBAL GRANTEES ONLY) Does the location where services are primarily provided comply with ADA requirements for accessibility? XYes No If no, q .`. please explain: By signing this document below, the applicant certifies that that agency isqualified 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. UdLU Cindy Carter, Vice -Chair Richard Stevens, Member Typed Name and Title of Authorized Representative 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 agrant is made, the grantee and subgrantees, if any, will be subject to statutory prohibitions on discrimination. 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 thatpersons 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 Regardin Title V1 Prohibition Against National Orig in 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 atvvww.lep._qov. 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 American's with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681Y1683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); • Executive Order 13279 (equal protection of the law for -faith based and community organizations); and • 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). The applicant shall further comply with federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law, 3. Civil Rights Provision - Prohibition of Discrimination for Recipients of Federal Funds The applicant assures compliance of all applicable nondiscrimination requirements of the Victims of Crime Act. No person in any state shall, on the grounds of race, color, religion, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity receiving federal financial assistance, pursuant to the following statutes and regulations: Section 809 (c ), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 37894, and Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, efi sem.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Subtitle AlTitle 11 of the Americans with Disabilities Act of 1990, 42 U.S.C. 121017 . and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681-1683; and the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et sem. 4. Federal Civil bights 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 tog rants awarded by the Department of Justice. The OCR offers this online version of its training pro ram to g 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 htt ://o' ov/about/ocr/ocr-trainin -videos/video- ocr-trainin .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. g 5. Notification of Findings of Discrimination or Non -Compliance In the event a state or federal court or a state or federal administrative agency g y makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, g � g , disability, or sex against the Grantee or a program partner or participant receivingrant funds the g , 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 pp Y Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the Grantee is not required to formulate an EEOP, it will submit a certificate form to the Washington State Department of Commerce (COMMERCE) indicating that it is not required to develop an EEOP. If the Grantee is required to develop an EEOP but not required to submit the EEOP to the OCR, the Grantee will submit a certification to COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the Grantee is awarded a grant of $500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non- Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to COMMERCE to claim the exemption. Information about civil rights obligations of Grantees can be found at httP://www.oip.usdoi..qov/ocr/. t . Grantee Duty to ensure Subcontractor Compliance The Grantee is required to ensure compliance with this requirement by any programp artner or participant receiving funding under this grant. As the duly authorized representative of the grantee, I hereby certify that the Grantee will comply with the above Civil Rights requirements specified in this Certification. Name and Title of Person who completed OJP Civil Rights Non -Discrimination Training Most Recent Date Online Training was completed Recipients must view the online training at a minimum of every two years for the duration VOCA funding is received. Cindy Carter, Vice -chair AA Rokchard Stevens, Member H Signature *of Authorized Official Title of Authorized Official New Hope Name of Agency Date 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 VI I 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, o voluntarily excluded from participation in this transaction b Fed g r . y 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. Cindy Carter, Vice -Chair Richard Stevens, Member Name and Title of Authorized Representative flit' ''`, o -° Si. $ ` i/ gyp• Signature Date New Hope Name of Organization Address of Organization ..CERTIFICATION. REGAR DING LOBBYING person shall file the most. cUrrent edition of this certification- n.ddiscl ftf a plicabl.e. wl t h; i . O.s 0 re. , P f e: co -uc i p arson Jor an,.a rd of a t i ifi 'te& a "d 'atid.-h f s, I each. sUbm isslon 4hat ini la ency const, er _0wa a ed r 1 n r, ran or cei-,moro, .00ppratiagroemt o ve enf $ 1 KOO F* or mbre-.Q.r il'n.,of`$1 5--Q,000 or t Thi*m ce g rtificatloh. is oterl"! representation, of.1aot'upon W Ich-,reliance was placed when' this tra n ' sad n: ... io Vt•#. was m e ad.: 6r ehfe:red 'i hitc( t MII SUDSSI -cert[Tlcallon is a prbrequisl -eform king- or enteri'ng i0to."th On, of 1h "s M POS* e. CJ' b, ti n. 135.2' fli tran.saction Y S. e�, C. 10 �le 31 L) 8:i. Code, Any perso.n who 1alls to file the required mr than -000 for each. perfifid. tion shall subj 't to n. �00 o h.o*t "0, 0 -ri 0 $ ed a �Nj.l ve Pit' f t� less than: $10*1 1 y p., no $ The'. un'd ��rtifle's �to the best -of -hi's -ersigne,. ce or her* k n6wl6d-eand! beliet that; g. X. N o Fed eralappr.o. Priatedfunds have been paid or Will bo paid to, any person for influ-enchg or:qtteOt' m, i.ng to )hfi u-eace an officer of b.''M010YO.e. of ahy� F edero.l. agencya Me ber -bf C. o*n'* 6S M gr.:. s.� an offl.c. er or em pl.oyee -of Congress. e"" ployeeof amemb; r of .-Gong-res t* 't pr aly m s3 in.. conneqtion Wi h the a rding of ing of any:F'ederal grant, the aking of any'Federa.l loan any. Federal con.thact, the. m.a,k'. M the entering. into of any- Oobperative agreoment, and the exte hslon.,. con.tinuatigh, renewal, amend ment, or m'do ificatio:n df.any* Federal contract- grant:,, loan or'at' obo c Or t RV If b..n* -Fede'ralTun . ds have'been Pa'd or wil-I b qaid arson for fluen.6 y non I e ": or ttt em P I ..any pp 0in in t ng.p P loyee.ofgin' Fed. era ­1 Brio - a Me ber of C.."ongregis an officer or.eitployea. agpor M h Of Congress., or an -em p[oy6e -.of a Me 4e 'f" C,O -'n connection Ith e m .. r b, ..,ngres:s 1. w is F do.ral contraotgr [tit. Joan., or rig t, the und'ersigned shallfnit"..a.t.here. and com- p I to a nd: -0 r ov�de thi- eis, in ..s.: .CVA will LO'b�ing, ...'ctivit" I submit. ",Disclos&e. 6f A accordance with its tn. ru.c. ...tion form,. if needed. Ck The. undetsigned, s.h8ll rb '- tre that.1he [anguage of thts.;'Cartificatidn* be lncl.uded in.Ahe award d nts qu ocume and' -that al.1 aubt-reci ient� shall: c rtify-and d1s. :accordingt for all 8-ub.8w�irdsat all te t* 6 Close P Y: R . I . chlard Stevens:� MemberCind'y Carter, Vj*ce,Ch-.ai'r- :Z me. and Title of Auth-Ori ed RE.OrOsenfatiVe "k. Signature Grant. County • Name of Organization 10. Box 3.7 E h. r` -a ta 98821 WA 9 Address ofOrgohi to I certify that. CERTIFICATION REGARDING DUNS AND COMPLIANCE IN REGISTERING (Sub -Recipient) has DUNS# 010202562 And I agree to comply with registration in the System for Award Management (SAM). Cindy Carter,, Vice -Chair Richard 9 Stevens, Member Name and Title of Authorized Representative New Hope Name of Organization Address of Organization Date ___ I �-, I - 19 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 Y liabilit or confidentiality of counselor/victim information, which bars using volunteers for certainositions or p 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 p ted providing a compelling reason why the use of volunteers is not feasible for the agency. Y I am requesting a waiver for the use of volunteers for my VOLA project/program. ❑ Yes ❑ No If you are requesting a volunteer waiver, provide detailed explanation for your request in the following wing section. waivers may only be requested in the following situations: 1. 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. q Our agency is requesting a waiver for the following reason/s: 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 beingused as match or to meet the volunteer requirement are providing activities that are allowable per VOCA Rule. If your program's job descriptions include ineligible activities such as prevention, fundraising,lobbying, bY�ng, or serving in board functions, please document that these activities are not used torovide match or to meet the volunteer requirement. p I Name of volunteer: I Name of volunteer: Name of volunteer: Name of volunteer: Name of volunteer: I Name of volunteer: Name of volunteer: Name of volunteer: Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Job description submitted: ❑ Supervisor and Staff Job Descriptions Submit a job description for each supervisor and staff funded by this grant. In most cases, this includes all supervisor/staff listed on the 'salaries' page of your budget. Clearly indicate the name of supervisor/staff on each job description. Even if job descriptions are identical for each staff, pleaseprovide 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 prevention, fundraising, or lobbying, please document that these activities are not funded through this grant. For example, if job description includes prevention activities, in a statement such as "staff is funded .80 FTE under this grant; prevention activities are not included in FTE reimbursed through this grant." I Name of supervisor/staff: Job description . submitted: El Name of supervisor/staff: Job description submitted: ❑ Name of supervisor/staff: Job description submitted: 7 Name of supervisor/staff: Job description submitted: 7 Name of supervisor/staff: Job description submitted: 7 Name of supervisor/staff: Job description submitted: 7 Name of supervisor/staff: Job description submitted: F1 Agency Information and Subgrant Award Report Complete the information below. The information will beused '�D[VA to complete the federal Su��� ���p������U����i���nonau- ���p��and p��m���~� viUbeimp|emenbedvv�hVOCAp|usma�hfundo. "' I. Organization Name: New Hope 2 VOCACrime Victim Assistance Funds Awarded $ 180390.00 3 Sub -Grant Number (number assigned toyour grant mrmontnaot)/ 20-31219'022 4. Budget and Staffing Indicate below the requested information based onthe subgnantee'mcurrent fiscal yoar Report the total budget available to the victim services pnognam, by source of funding. Do not reporttheentire agency budget, unless the entire budget iadevoted tovictim services prognamo For example, � VOCAfunds are avvardedtosuppo�avictim advocate unit /naproaeouto�o office, on|repo` the Information R.equested Response Explanation (as required) A. Total budget for all victimization programs and $$0.00 The amount reported is for the current fiscal year. Identify by source the amount of B. Annual funding amounts- State Funds: allocated to all victimization $$0.00 funds allocated to the victimization programs and/or services for roqrams and/or services budget the current fiscal year. Local funds: of your agency. Other federal funds: Other non-federal: Total number of paid full-time C. Number of FTE paid staff for all victimization programs 0.00 equivalent (FTE) staff for the and/or services. current fiscal year. (1 FTE = 2080 Total number of VOCA-funded D. Number of FTE paid staff funded through this VOCA 0.00 staff by FTE for current fiscal year. award (plus match) for (1 FTE = 2080 hours/year). agency's victimization pro rams and/or services. Total number of volunteers E. Number of volunteer staff supporting the work of this 0.00 supporting the work of this grant. VOCA award (plus match) for subgrantee's victimization —....-programs and/or services Total count of hours to be worked F. Number of volunteer hours support the work of this 0.00 by all volunteers supporting the VOCA award (plus match) for work of this VOCA award plus agency's victimization match. programs and/or services