Loading...
HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA (002)AWL MR beginnings. better 1omorrow-s- August 22, 2023 Board of Grant County Commissioners PO Box 37 Ephrata, WA 98823 RE: Docu-Sign Signature Permission Requested Dear Board of County Commissioners: Please see the attached agreement for review and approval. Sexual Assault Core and Specialized Grants Contractor: Department of Commerce, Office of Crime Victims Advocacy Term of Contract: 7.01.2023 through 6.30.2024 Purpose: This agreement is to renew our sexual assault core advocacy services and specialized sexual assault services for Grant and Adams Counties. Amount: $216,190 for Core and $97,460 for Specialized= Total $313,650 Suzi Fode is requesting permission to Docu-Sign electronically with the contractors. Thank you for your consideration, Suzi Fode, Director Kids Hope and New Hope AUG 2 9 2023 R E C EIV E D AUG 1 6 2-023 1 GRANT COUNTYCOMMISSIONERSi DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Federal Interagency Agreement with New Hope through Office of Crime Victims Advocacy Community Services Division Grant Number: 24-31310-165 For "13-214 INIL Core and Specialized Sexual Assault Services SFY 2024 Dated: 07/01 /2023 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE ;0� Washirigu-ri Stage 94 Ir ( l° l Table of Contents TABLEOF CONTENTS..............................................................................................................................................2 FACESHEET............................................................................................................................................................5 SPECIAL TERMS AND CONDITIONS.........................................................................................................................6 1. AUTHORITY......................................................................................................................................................6 2. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................6 3. ALL SUBAWARDS ("SUBGRANTS") MUST HAVE SPECIFIC FEDERAL AUTHORIZATION....................................6 4. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS................................................................................6 5. AUDIT..............................................................................................................................................................7 6. BILLING PROCEDURES AND PAYMENT.............................................................................................................7 7. COMPENSATION..............................................................................................................................................8 8. COMPLIANCE WITH 41 U.S.C. 4712 (INCLUDING PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES) ..... 9 9. COMPLIANCE WITH APPLICABLE RULES REGARDING APPROVAL, PLANNING, AND REPORTING OF CONFERENCES, MEETINGS, TRAININGS, AND OTHER EVENTS.................................................................................9 10. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE......................................................................................9 11. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C. F. R. PART 38...........................................................................................................................................................9 12. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C. F. R. PART 42.........................................................................................................................................................10 13. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C. F. R. PART 54.........................................................................................................................................................10 14. COMPLIANCE WITH GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS (FY 2020).......................................................................................................................................................................10 .15. COMPUTER NETWORKS................................................................................................................................10 16. DEBARMENT..................................................................................................................................................10 17. DETERMINATION OF SUITABILITY TO INTERACT WITH PARTICIPATING MINORS.........................................11 18. DISCRIMINATION FINDINGS..........................................................................................................................11 19. EFFECT OF FAILURE TO ADDRESS AUDIT ISSUES...........................................................................................12 20. EMPLOYMENT ELIGIBILITY VERIFICATION FOR HIRING UNDER THE AWARD...............................................12 21. ENCOURAGEMENT OF POLICIES TO BAN TEXT MESSAGING WHILE DRIVING..............................................13 22. EXAMINATION OF RECORDS.........................................................................................................................13 23. FFATA REPORTING: SUBAWARDS AND EXECUTIVE COMPENSATION...........................................................13 24. FRAUD AND OTHER LOSS REPORTING...........................................................................................................13 25. GRANT MANAGEMENT...................................................................................................................................14 26. GRANT MODIFICATION..................................................................................................................................14 27. INDIRECT COSTS............................................................................................................................................14 28. INSURANCE....................................................................................................................................................14 29. "METHODS OF ADMINISTRATION" - MONITORING COMPLIANCE WITH CIVIL RIGHTS LAWS AND NONDISCRIMINATIONPROVISIONS........................................................................................................................14 30. MONITORING................................................................................................................................................15 31. NATIONAL VOCA TRAINING...........................................................................................................................15 32. NON -SUPPLANTING CERTIFICATION.............................................................................................................15 33. OJP TRAINING GUIDING PRINCIPLES.............................................................................................................15 34. POTENTIAL IMPOSITION OF ADDITIONAL REQUIREMENTS..........................................................................15 Page 2 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE D�,--pa rner't o V4 ifcoy err 35. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS: REQUIREMENT TO REPORT INFORMATION ON CERTAIN CIVIL, CRIMINAL, AND ADMINISTRATIVE PROCEEDINGS TO SAM AND FAPIIS........................................16 DEFINITIONS..................................................................................................................................................23 36. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO ANEW TITLE 34 OF THE UNITED STATES ALL WRITINGS CONTAINED HEREIN...............................................................................................................24 CODE.......................................................................................................................................................................16 3. AMENDMENTS..............................................................................................................................................24 37. REPORTING....................................................................................................................................................16 ASSIGNMENT.................................................................................................................................................24 38. REQUIREMENT FOR DATA ON PERFORMANCE AND EFFECTIVENESS UNDER THE AWARD ...........................17 CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION.........................................................................24 39. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR MATERIALLY FALSE COPYRIGHT....................................................................................................................................................24 STATEM E NTS...........................................................................................................................................................17 7. 40. REQUIREMENTS PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PERSONS 8. (INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE AWARD)...................................17 41. REQUIRED TRAINING FOR POINT OF CONTACT AND ALL FINANCIAL POINTS OF CONTACT ...........................18 42. REQUIREMENTS RELATED TO "DE MINIMIS" INDIRECT COST RATE...............................................................18 43. REQUIREMENTS RELATED TO SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS......................................................................................................................................................18 RECORDS MAINTENANCE..............................................................................................................................26 44. REQUIREMENTTO DISCLOSE WHETHER RECIPIENT IS DESIGNATED "HIGH RISK" BY A FEDERAL GRANT - SAVINGS........................................................................................................................................................26 MAKING AGENCY OUTSIDE OF DOJ.........................................................................................................................19 45. REQUIREMENT TO REPORT ACTUAL OR IMMINENT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION (PII) .......................................................................................................................................................................19 16. 46. REQUIREMENTTO REPORT POTENTIALLY DUPLICATIVE FUNDING...............................................................19 47. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED MATTERS .......................................................................................................................................................................19 48. RESTRICTIONS ON "LOBBYING".....................................................................................................................20 49. SPECIFIC POST -AWARD APPROVAL REQUIRED TO USE A NONCOMPETITIVE APPROACH IN ANY PROCUREMENT CONTRACT THAT WOULD EXCEED $250,000.................................................................................21 50. SUBGRANT AWARD REPORT (SAR)................................................................................................................21 51. SUBGRANTEE/SUBCONTRACTOR DATA COLLECTION....................................................................................21 52. VOCA FUNDS.................................................................................................................................................21 53. VOCA REQUIREMENTS............................................................................:......................................................21 54. ORDER OF PRECEDENCE................................................................................................................................22 GENERAL TERMS AND CONDITIONS ..................................................................................................................... 23 1. DEFINITIONS..................................................................................................................................................23 2. ALL WRITINGS CONTAINED HEREIN...............................................................................................................24 3. AMENDMENTS..............................................................................................................................................24 4. ASSIGNMENT.................................................................................................................................................24 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION.........................................................................24 6. COPYRIGHT....................................................................................................................................................24 7. DISPUTES.......................................................................................................................................................25 8. GOVERNING LAW AND VENUE......................................................................................................................25 9. INDEMNIFICATION........................................................................................................................................25 10. LICENSING, ACCREDITATION AND REGISTRATION.........................................................................................25 11. RECAPTURE....................................................................................................................................................25 12. RECORDS MAINTENANCE..............................................................................................................................26 13. SAVINGS........................................................................................................................................................26 14. SEVERABILITY.................................................................................................................................................26 15. SUBCONTRACTING........................................................................................................................................26 16. SURVIVAL.......................................................................................................................................................26 Page 3 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE IV, If - Dppa.-twiertt of 0 aero 17. TERMINATION FOR CAUSE.............................................................................................................................27 18. TERMINATION FOR CONVENIENCE................................................................................................................27 19. TERMINATION PROCEDURES.........................................................................................................................27 20. TREATMENT OF ASSETS.................................................................................................................................28 21. WAIVER.........................................................................................................................................................29 ATTACHMENT A: SCOPE OF WORK..............•..........................e•.o•................................ ............................... 30 ATTACHMENT B: BUDGET ........• .s• ................................ 31 ATTACHMENT C: FEDERAL FUNDS CHECKLIST••........................................................................... 32 ATTACHMENT D: VOCA RULE............................................................ AVAILABLE ONLI E LINKED HERE Page 4 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 101- Washing-XOn State -t of CD n'np-ri on-11nere"e" Face Sheet Grant Number: 24-31310-165 Washington State Department of Commerce NSubrecipient Community Services Division [I Contractor Office of Crime Victims Advocacy Core and Specialized Sexual Assault Services SFY 2024 1. Grantee 2. Grantee Doing Business As (as applicable) GRANT, COUNTY OF New Hope PO BOX 37 EPHRATA, WA 98823-0037 3. Grantee Representative 4. COMMERCE Representative SuziFode Rene Malecki PO Box 42525 Director Commerce Specialist 98504-8304 sfode@grantcountywa.gov (360) 725-3131 1011 Plum Street SE (509) 764-8402 rene.malecki@,commerce.wa.gov Olympia WA 98501 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $313,650.00 Federal: 0 State: ❑ Other: ❑ N/A: ❑ 07/01/2023 06/30/2024 9. Federal Funds (as applicable) Federal Agency: ALN $313650.00 Department of Justice, Office of Justice 16.575 Programs, Office for Victims of Crime 10. SVVV # 11. UBI # 12. UEI # 13. Indirect Rate (if applicable) SWV0002426-17 132001884 ZL6WM26K8KR5 13. Grant Purpose To support sexual assault services grant activities COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work; Attachment "B" — Budget; Attachment "C" — Federal Funds Checklist, Attachment "D" — Victims of Crime Act (VOCA) Rule, and Grantee's Application for funding. FOR GRANTEE FOR COMMERCE SuziFode Director Name, Title Cindy Guertin -Anderson, Assistant Director Signature Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL Date APPROVAL ON FILE Page 5 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE ar 7440 . nese. Special Terms and Conditions 1. AUTHORITY COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: 9/16/21 Federal Award Identification Number (FAIN): 15POVC-21-GG-00605-ASSI Total amount of the federal award: $23,924,343 Awarding official: Department of Justice, Office of Justice Programs, Office for Victims of Crime Amount obligated by this action: $313650.00 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. 15POVC-21-GG-00605-ASSI awarded by Office for Victims of Crime, US Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Office for Victims of Crime, US Department of Justice. Grant funds are administered by the Office of Crime Victims Advocacy, Washington State Department of Commerce." In the event a correction is required to the Acknowledgement of Federal Funding, an administrative change will be processed. A change to the Acknowledgement of Federal Funding will not affect your budget or scope of work and notice will be provided. This subaward may not be used for research and development purposes. 3. ALL SUBAWARDS ("SUBGRANTS") MUST HAVE SPECIFIC FEDERAL AUTHORIZATION As applicable. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at httr)s://oj,p,ciov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 4. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. Page 6 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE i epa. rnerrt Of Commerce For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at htti)s:Hoig.gov/fu,nding/Part2OOUniformReguirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5. AUDIT If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program - specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: A. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to the Federal Audit Clearinghouse. 6. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quarterly, but not more often than monthly. The Grantee shall submit all requests for reimbursement via the Commerce Contracts Management System (CMS). If required, the attachments to the invoice request in the Commerce Contract Management System shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address, designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Page 7 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE i r - Washirig.cen Skate - C�ef)aY ,merrt of Conlinerce, Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Grantee must invoice for all expenses from the beginning of the Grant through June 30, regardless of the Grant start and end date. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees/subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 7. COMPENSATION COMMERCE shall pay an amount not to exceed $313,650.00 for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment B — Budget. The Grantee shall provide a non-federal match for the Victims of Crime Act portion of this Grant. The total match to be provided shall be at least $0.00. 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 of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Payment will be on a reimbursement basis only. 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 Regulations. Current travel rates may be accessed at: httiDs:Hofm.wa.gov/sites/default/files/public/resources/travel/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 httr)s:Hoip.gov/fin-anciaiguide/doi/pdfs/DOJ Financial Guide. pdf. Page 8 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Fconinx-*,,ire 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 httr)s://www.fed era I reister. ov/documents/2016/07/08/2016-16085/victims-of-crime-act-victim- assistance-program. 8. COMPLIANCE WITH 41 U.S.C. 4712 (INCLUDING PROHIBITIONS ON REPRISAL; NOTICE TO EMPLOYEES) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the Grantee shall contact COMMERCE; COMMERCE is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 9. COMPLIANCE WITH APPLICABLE RULES REGARDING APPROVAL, PLANNING, AND REPORTING OF CONFERENCES, MEETINGS, TRAININGS, AND OTHER EVENTS The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 10. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at httos:Hoip.gov/financialguide/DOJ/index.html), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 11. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C.F.R. PART 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Page 9 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Washirig-x.,,n State -parirrio-rit of CD(- onnnercv, Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled " with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 12. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C.F.R. PART 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C.F.R. PART 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 14. COMPLIANCE WITH GENERAL APPROPRIATIONS -LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions may be set out in applicable appropriations acts are indicated at htt ://o' ov/fundin /Ex lore/FY2OA ri riationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 15. COMPUTER NETWORKS Grantee understands and agrees that it cannot use any federal funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. 16. DEBARMENT A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil judgment 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, violation of Federal or State antitrust statutes or Page 10 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 0/8-shirig'. n Shite 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; iii. 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 iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. Grantee may contact COMMERCE for assistance in obtaining a copy of these regulations. 17. DETERMINATION OF SUITABILITY TO INTERACT WITH PARTICIPATING MINORS SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ) (or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at tittiDs:-Hoip.gov/funding/Ex lore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 18. DISCRIMINATION FINDINGS The recipient assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, COMMERCE will forward a copy of the findings to the Office for Civil Rights of OJP. Page 11 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 01� shirm'.-On State Dopa, ''ment of 19. EFFECT OF FAILURE TO ADDRESS AUDIT ISSUES The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) and COMMERCE may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. EMPLOYMENT ELIGIBILITY VERIFICATION FOR HIRING UNDER THE AWARD As applicable.The recipient (and any subrecipient at any tier) must 1. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). 2. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both 1. (1) this award requirement for verification of employment eligibility, and 2. (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. 3. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). 4. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.everify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. Page 12 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Commerce, Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any- subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E - Verify website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer agents can email E -Verify at E-VerifuEmplo, rerAgerrt,�a�dhs g. v. Questions about the meaning or scope of this condition should be directed to COMMERCE, before award acceptance. 21. ENCOURAGEMENT OF POLICIES TO BAN TEXT MESSAGING WHILE DRIVING Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 22. EXAMINATION OF RECORDS The Grantee authorizes Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper or documents related to the VOCA grant. The State will further ensure that all VOCA subgrantees will authorize representatives of OVC and OCFO access to and the right to examine all records, books, paper or documents related to the VOCA grant. 23. FFATA REPORTING: SUBAWARDS AND EXECUTIVE COMPENSATION As applicable. COMMERCE must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://o,ip.gov/fundinq/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). COMMERCE submits FFATA information on behalf of all Grantees. 24. FRAUD AND OTHER LOSS REPORTING Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Grant immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. Reporting potential fraud, waste, and abuse, and similar misconduct: The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, Page 13 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE �4 ' ashing:on Slake Depaa merif of contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating.to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at httr)s://oiq.iust,ice.gov/hotline. 25. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 26. GRANT MODIFICATION Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, COMMERCE may, by written notification to the Grantee and without notice to any known guarantor or surety, make changes within the general scope of the program activities to be performed under this Grant. All other modifications shall not be valid unless made in writing and signed by the parties. Any oral understandings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole discretion, may unilaterally modify the Grant to reduce the balance of the grant budget. Funds de - obligated by COMMERCE as a result of a budget reduction may be made available to other grantees for the provision of eligible program activities 27. INDIRECT COSTS 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. 28. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 29. "METHODS OF ADMINISTRATION" - MONITORING COMPLIANCE WITH CIVIL RIGHTS LAWS AND NONDISCRIMINATION PROVISIONS COMMERCE's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days -of the date of award acceptance, COMMERCE must submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient monitoring Page 14 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE De-pa,­merrt of 1411 C On Ae"I" le, with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review. The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at htt s://oi ov/fundin /Ex lore/StateMethodsAdmin-FY2017u date.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update), and are incorporated by reference here. 30. MONITORING The recipient agrees to promptly provide, upon request, financial or programmatic -related documentation related to this award, including documentation of expenditures and achievements. The recipient understands that it will be subject to additional financial and programmatic in-depth or on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. The recipient agrees to develop or maintain effective internal controls to manage federal awards (see 2 C.F.R. 200.303) and effective financial management policies and procedures to manage federal awards (see 2 C.F.R. 200.302). 31. NATIONAL VOCA TRAINING As applicable. The recipient agrees to ensure that at least one key grantee official attends the annual VOCA National Training Conference. Any recipient unable to attend must get prior approval by OVC in writing. COMMERCE attends this training to meet this federal requirement; Grantees should not plan to attend the training event, attendance is not eligible. 32. NON -SUPPLANTING CERTIFICATION No VOCA Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. VOCA Grant funds will be used to increase the total amount of funds used for crime victim assistance. Violation of the non -supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 33. OJP TRAINING GUIDING PRINCIPLES Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at htt s:Ho' ov/fundin /Im lement/Trainin Princi iesForGrantees-Sub rantees.htm. 34. POTENTIAL IMPOSITION OF ADDITIONAL REQUIREMENTS As applicable. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high risk" for purposes of the DOJ high-risk grantee list. DOJ monitors and evaluates risk for COMMERCE, and COMMERCE monitors and evaluates risk for Grantees. Grantee agrees to comply with any additional requirements that may be imposed if COMMERCE has designated the Grantee as "high risk" via risk assessment and monitoring procedures. Page 15 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE ' J8sIiirigr LaLe Depae— rrient of 35. RECIPIENT INTEGRITY AND PERFORMANCE MATTERS: REQUIREMENT TO REPORT INFORMATION ON CERTAIN CIVIL, CRIMINAL, AND ADMINISTRATIVE PROCEEDINGS TO SAM AND FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at htt s:Ho' ov/fundin /FAPIIS.h-tm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here 36. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE UNITED STATES CODE As applicable. On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified .to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 37. REPORTING Grantees must collect and maintain data that measure the performance and effectiveness of work done under this grant. If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of Core and Specialized Sexual Assault Services SFY 2024 services. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. The Grantee shall submit non -personally identifying demographic, service and compliance data required by state funding sources in the InfoNet data collection system. The Grantee shall maintain documentation and records that support the data reported in InfoNet. The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site. Procedures shall include: • Only authorized staff are provided access to the InfoNet data and files; • Staff are informed of the need for security and confidentiality of data and files maintained in or available through the InfoNet system; and Page 16 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE U),HlTyfieli"Clel • That the Grantee shall notify the Department Program Coordinator for this grant when an employee is no longer authorized to access the InfoNet system. 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. Additional narrative reports may be required. See the Application for Funding and/or Reporting Instructions provided for further details. 38. REQUIREMENT FOR DATA ON PERFORMANCE AND EFFECTIVENESS UNDER THE AWARD The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. Grantees report data to their COMMERCE grant manager at rene.malecki@commerce.wa.gov. See "Reporting" Special Term and Condition. COMMERCE will report this data to OJP. 39. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR MATERIALLY FALSE STATEMENTS The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or - unenforceable, such provision shall be deemed severable from this award. 40. REQUIREMENTS PERTAINING TO PROHIBITED CONDUCT RELATED TO TRAFFICKING IN PERSONS (INCLUDING REPORTING REQUIREMENTS AND OJP AUTHORITY TO TERMINATE AWARD) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. Page 17 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE " ' /aSh ir1g--.or, skate A` V wI Depa- merrt of , Va o -:rv The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at htt s://o' ov/fundin /Ex lore/ProhibitedConduct-Traffickinng.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 41. REQUIRED TRAINING FOR POINT OF CONTACT AND ALL FINANCIAL POINTS OF CONTACT As applicable. The State Administering Agency (COMMERCE) fulfills the requirements in this section. Grantees should not anticipate completing the OJP financial management and grant administration training. Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 42. REQUIREMENTS RELATED TO "DE MINIMIS" INDIRECT COST RATE As applicable. A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Recipient requirement to notify OJP is for COMMERCE. Grantees must work with their COMMERCE grant manager regarding requirements related to "de minimis" indirect cost rate. 43. REQUIREMENTS RELATED TO SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS COMMERCE must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. COMMERCE also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. Page 18 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE WC�epa� rnerrl of v4swf meiv The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.qov/fundinq/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 44. REQUIREMENT TO DISCLOSE WHETHER RECIPIENT IS DESIGNATED "HIGH RISK" BY A FEDERAL GRANT -MAKING AGENCY OUTSIDE OF DOJ As applicable. If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.Com IianceRe ortin o' .undo'. ov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high- risk status, as set out by the federal awarding agency. 45. REQUIREMENT TO REPORT ACTUAL OR IMMINENT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION (PII) The recipient (and any "subrecipient"at any tier) must have written procedures in place to respond in g the event of an actual or imminent breach (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. Grantees reports this information to COMMERCE, COMMERCE reports to OJP. 46. REQUIREMENT TO REPORT POTENTIALLY DUPLICATIVE FUNDING As applicable. If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly contact their COMMERCE grant manager at rene.malecki@commerce.wa.gov. COMMERCE must notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget - modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 47. RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS AND RELATED MATTERS No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Page 19 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE ashing.on Skate Dep ,nem (if C . rCT. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both a. it represents that i. it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and ii. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 48. RESTRICTIONS ON "LOBBYING" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJ P from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Page 20 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Washiri X.,,n Skate D t)a rnerit of 'No Con-11yiell.ce. 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. 49. SPECIFIC POST -AWARD APPROVAL REQUIRED TO USE A NONCOMPETITIVE APPROACH IN ANY PROCUREMENT CONTRACT THAT WOULD EXCEED $250,000 As applicable. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at httr)s://oip.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post - award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 50. SUBGRANT AWARD REPORT (SAR) The recipient must submit a Subgrant Award Report (SAR) to OVC for each subrecipient of the VOCA victim assistance funds, within ninety (90) days of awarding funds to the subrecipient. Recipients must submit this information through the automated system. Grantees submit this information to COMMERCE, who then submits this information to OVC. 51. SUBGRANTEE/SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subgrantees/subcontractors and the portion of Grant funds expended for work performed by subgrantees/subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subgrantees/subcontractors. "Subgrantees/subcontractors" shall mean subgrantees of any tier. 52. VOCA FUNDS As applicable. The Victims of Crime Act (VOCA) of 1984 states that VOCA funds are available during the federal fiscal year of the award, plus the following three fiscal years. At the end of this period, VOCA funds will be deobligated. OVC has no discretion to permit extensions beyond the statutory period. (E.g., VOCA funds awarded in FY 2017, are available until the end of FY 2020). COMMERCE manages this funding period requirement, Grantees must adhere to the grant period on the Grant Face Sheet. 53. VOCA REQUIREMENTS As applicable. The recipient assures that the State and its subrecipients will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State certifies that funds under this award will: a) be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b) not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2); and c) be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. Page 21 of 32 DocuSign Envelope ID: Washing.on 54. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget • Attachment C — Federal Funds Checklist • Attachment D — VOCA Rule • Core and Specialized Sexual Assault Services SFY 2024 Application for Funding as submitted and approved by COMMERCE Page 22 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE + 8. f"' - % Commerce General Terms and Conditions 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 authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Modified Total Direct Costs" (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. F. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). G. "State" shall mean the state of Washington. H. "Subaward" shall mean an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. I. "Subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate contract with the Grantee. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. J. "Subrecipient" shall mean a non -Federal entity that receives a subaward from a pass- through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Page 23 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Wasl,in.on, SLate Elknr7nrl of s. 2. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or assigned by the Grant without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: L All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and iii. All Personal Information in the possession of the Grantee that may not be disclosed under state or federal law. B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within twenty-four (24) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest Page 24 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE M Dept trnerrt of v4dw � merc in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such -a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. 11. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. Page 25 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE �- Mishirig:on SLate Depa,trTierif of 12. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 15. SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. Page 26 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Depagmervt of - _f err 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the, need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" if 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. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: A. Stop work under the Grant on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not Page 27 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE J _ DepaI'men't of, , V mere terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. E. All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subcontractors. Page 28 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 0 washirlrj-X-,�rl SLaLe Im If rnerd of V4 W 01-1-1111-el'sce ioll� depa 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 29 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE �4+r53LO Depa.,` rnervt ( 14 Commerce Attachment A: Scope of Work New Hope shall furnish goods and services necessary to accomplish the activities under the Core and Specialized Sexual Assault Services SFY 2024 grant funding during the grant period. This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or services for the government's direct benefit. The principle purpose of this Grant is to provide funding for New Hope to accomplish a public purpose. Funding from this Grant must be used to support the services outlined and approved in the Core and Specialized Sexual Assault Services SFY 2024 funding application. DATA REQUIREMENTS 1. Grantees will submit quarterly reports on Core and Specialized Sexual Assault Services SFY 2024 activities to their grant manager. 2. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. Additional narrative reports may be required. See the Application for Funding and/or Reporting Instructions provided for further details. DELIVERABLES 1. Services — As detailed above 2. Reports — As described in Special Terms and Conditions 3. Vouchers — Must be submitted at least quarterly PERFORMANCE MEASURES Provision of the deliverables listed above will be measured using the following performance measures: 1. 90% of required reports will be submitted on time 2. 100% of required audits will be completed on time Page 30 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 018shirig.0Ib r kal Dr -pa- r=rient of ,w4v ffiens Attachment B: Budget Budget Core Specialized Total Salaries $1369465.00 $50,175.00 $186,640.00 Benefits $46,729.00 $1601.00 $63,390.00 Subcontracted Services $0.00 $500.00 $500.00 Goods and Services $32,996.00 $25,624.00 $58,620.00 Total $216,190.00 $97,460.00 $3139650.00 Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current rates for travel may be accessed at htt s://ofm.wa. ov/sites/default/files/ ublic/resources/travel/colorma df. Any purchase over $5,000 must be pre -approved by COMMERCE. Page 31 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Delpartmerd of "P40conimer v, Attachment C: Federal Funds Checklist (i) Subrecipient name (which must match the name GRANT COUNTY OF associated with its unique entity identifier); (ii) Subrecipient's unique entity identifier, ZL6WM26K8KR5 (iii) Federal Award Identification Number (FAIN); 15POVC-21-GG-00605-ASST (iv) Federal Award Date (see §200.39 Federal award date) of award to the recipient by the Federal agency; (v) Subaward Period of Performance Start and End Date; (vi) Subaward Budget Period Start and End Date; (vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; (viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation; (ix) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; (x) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); 9/16/21 07/01/2023 to 06/30/2024 07/01/2023 to 06/30/2024 $313650.00 Subrecipient — reference your records. Subrecipient — reference your records. Direct services for victims of crime. Federal awarding agency: Department of Justice, (xi) Name of Federal awarding agency, pass-through entity, Office of Justice Programs, Office for Victims of and contact information for awarding official of the Pass- Crime through entity; Pass-through entity: WA State Department of Commerce, Office of Crime Victims Advocacy rene.malecki@commerce.wa.gov (xii) Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under 16.575 Crime Victim Assistance each Federal award and the Assistance Listings Number at time of disbursement; (xiii) Identification of whether the award is R&D; (xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414. Not for research and development purposes. Page 32 of 32 DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE EEOP 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_ Q Recipient's Name: GRANT, COUNTY OF Address: PO BOX 37 EPHRATA, WA 98823-0037 Is agency a ❑ Direct or 0 Sub recipient of OJP, OVW or COPS funding? Law Enforcement Agency? ❑ Yes ❑ No UEI Number: ZL6WM26K8KR5 I 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 Section A -Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply.- Less pply:Less than fifty employees Indian tribe Medical Institution Nonprofit Organization 0 Educational Institution Receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuit to 28 C.F.R. § 42.302. I further certify that [recipient] will comply with all applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Name and Title Signature Date Section B—Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient has fifty or more employees and is receiving a single award or, subaward of $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an ESOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305): I, Suzi Fode [responsible official], certify that Grant County [recipient] which has fifty or more employees and is receiving a single award for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CF.R pt. 42, subpt E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: Gi:ant Cm int�j [organization], _PO Box 37, FDhrata, WA 98823 [address]. Suzi Fode Director Name and Title Signature Date .Section C -Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more- employees and is receiving a single award or sub award of $500, 000 or more, then the recipient agency must send an EEOP Short Form to the OCR for review. I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. Name and Title Signature Date Page 1 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 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. Unique Entity Identifier (UEI) from SAM.gov system This number is required to receive federal funds. According to the Department of Justice Grants Financial Guide, unless an exception applies, all applicants and recipients must have a unique entity identifer when applying for Federal awards and cooperative agreements (initial or supplemental awards) (2 C.F.R. Part 25 - Universal Identifier and System of Award Management). In April of 2022 the federal government stopped using the DUNS number and switched to UEI's assigned via the SAM.gov system. If your entity was already registered in SAM.gov, your UEI has already been assigned. This number is currently visible on your entity registration record. Please note that SAM.gov registration is not required to obtain an UEI and OCVA is no longer requiring SAM.gov registration for our grantees. To obtain a UEI (without full entity registration in SAM.gov), please visit the SAM.gov website. • See Quick Start Guide for Getting Your Uni ue Entity ID SAM • See SAM.gov I Home • This is a free service Agency's Unique Entity Identifier (UEI): ZL6WM26K8KR5 2. Audit Requirements Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail. Applicant is certifying it will comply with this audit requirement. 3. Executive Compensation Data In certain circumstances recipients of federal funds must report the names and total compensation of their five most highly compensated executives. Answer the following questions to determine if you have to submit this information. In the agency's preceding fiscal year, did the organization a) receive 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements: Yes ❑ No IN 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 Did you answer "yes" to both 4.a) and 4.b)? Yes ElN o FK1 If you answered "yes" to both questions please provide the names/compensation of the five (5) most highly compensated executives of the recipient of award funds: Page 2 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 4. Internal Revenue Service (IRS) 501(c)(3) Determination Letter VOCA funding requires that nonprofit organizations verify their nonprofit status by providing a copy of their Internal Revenue Service (IRS) 501(c)(3) determination letter. A nonprofit organization is as described in section 501 (c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. See 42 U.S.0 § 13925(b)(1 6)(B). Unless submitted previously, nonprofit organizations applying for funding must submit a copy of Internal Revenue Service to OCVA with this application. 5. 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. 6. Non -Supplanting Certification The applicant understands and agrees that no VOCA Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. VOCA Grant funds will be used to increase the total amount of funds used for crime victim assistance. Violation of the non -supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 7. ADA Requirement (FOR NON -TRIBAL GRANTEES ONLY) Does the location where services are primarily provided comply with ADA requirements for accessibility? Yes No ❑ If no, provide information on how this is addressed: ala By signing this document below, the applicant certifies that that agency is qualified to receive the funds. As the duly authorized representative of the applicant, I hereby acknowledge that the applicant will comply with the above requirements. This acknowledgement shall be treated as a material representation of fact upon with the Department of Commerce, Office of Crime Victims Advocacy will rely if a grant is issued. Signature Suzi Fode Director Name and Title of Authorized Representative Date Page 3 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Civil Rights Certifications The applicant herby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, requirements, and any conditions of the recipient's grant. If a grant is made, the grantee and subgrantees, if any, will be subject to statutory prohibitions on discrimination. 1. Discrimination on the Basis of National Origin — Limited English Proficient (LEP) Individuals To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, applicants must take reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at www.lep.gov. 2. Federal Non -Discrimination Requirements The applicant will comply with any applicable federal nondiscrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); 0 the Victims of Crime Act (42 U.S.C. § 10604(e)); • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); • the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); • Executive Order 13279 (equal protection of the law for -faith based and community organizations); and • 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). The applicant shall further comply with federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. Civil Rights Provision - Prohibition of Discrimination for Recipients of Federal Funds The applicant assures compliance of all applicable nondiscrimination requirements of the Victims of Crime Act. No person in any state shall, on the grounds of race, color, religion, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity receiving federal financial assistance, pursuant to the following statutes and regulations: Section 809(c), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789d, and Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Subtitle A, Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 121011 et seq. and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39; Title IX of the Education Amendments of 1972, as Page 4 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE amended, 20 U.S.C. 1681-1683; and the Age Discrimination Act of 1975, as amended, 42 U.S.C. 61011 et sea. 4. Federal Civil Rights Training Recipients of financial assistance from the Department of Justice, such as Victims of Crime Act (VOCA) funds, either awarded directly or through another recipient, must comply with the federal statutes and regulations that prohibit discrimination based on race, color, national origin, sex, religion, age, and disability in VOCA-funded programs or activities. As part of its training efforts, the Office for Civil Rights at the Office of Justice Programs has developed an online civil rights training curriculum for recipients. This training, which consist of six segments and accompanying self -tests, is designed to provide recipients with an overview of applicable nondiscrimination laws and the general civil rights obligations that are tied to grants awarded by the Department of Justice. The OCR offers this online version of its training program to ensure that recipients who are unable to participate in an in-person training session can still receive valuable technical assistance. All six Civil Rights training programs are available at htt ://o' ov/about/ocr/ocr-trainin -videos/video- ocr-traininAg.htm The recipient must view the online training at least once every two years. By signing this certification, the applicant acknowledges the viewing of OJP Civil Rights Non -Discrimination training. 5. Notification of Findings of Discrimination or Non -Compliance In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex against the Grantee or a program partner or participant receiving grant funds, the Grantee will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the Department of Commerce (COMMERCE). The Grantee shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice funds are involved, and identify all open grants utilizing U.S. Department of Justice funding by grant number and program title. 6. Equal Employment Opportunity Program (EEOP) The Grantee will determine whether it is required to formulate an Equal Employment Opportunity Program (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 ESOP. If the Grantee is required to develop an EEOP but not required to submit the EEOP to the OCR, the Grantee will submit a certification to COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the Grantee is awarded a grant of $500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to COMMERCE to claim the exemption. Information about civil rights obligations of Grantees can be found at http://www.oip.usdoi.gov/ocr/. 7. Grantee Duty to Ensure Subcontractor Compliance The Grantee is required to ensure compliance with these requirements by any program partner or participant receiving funding under this grant. Page 5 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE 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 Signature Suzi Fode Name and Title of Authorized Representative New Hope Name of Agency Director Date Mary Craig, Victim Witness Coordinator Name and Title of person who completed OJP Civil Rights Non -Discrimination Training (see #4) May 2023 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. Page 6 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 GFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Suzi Fode Director Name and Title of Authorized Representative Signature Date New Hope Name of Organization PO BOX 37 EPHRATA, WA 98823-0037 Address of Organization Page 7 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Certification Regarding Lobbying Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such failure. The undersigned certifies, to the best of their knowledge and belief, that; A. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. If any non -Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit "Disclosure of Lobbing Activities", in accordance with its instructions. OCVA will provide this form, if needed. C. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers and that all sub -recipients shall certify and disclose accordingly. Suzi Fode Director Name and Title of Authorized Representative Signature Date New Hope Name of Organization PO BOX 37 EPHRATA, WA 98823-0037 Address of Organization Page 8 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Certification of Suitability to Interact with Participating Minors To assist OCVA in monitoring new grant requirements for federal funds, please complete this form to certify that your organization has completed the required background checks for all covered individuals that interact with any minor in the course of activities under your grant (employees paid by the grant, volunteers used as match under the grant, and volunteers supporting grant -covered activities). Grantees are required to have documentation that the search was conducted, and this should be maintained in accordance with your document retention policies. Grantee Name: New Hope Grant Number: 24-31310-165 For full list of requirements, Click Here I OCVA FACS is here Background checks must include: • Public sex offender and child abuse websites/registries • Criminal history registries and similar repositories of criminal history records • An eligible fingerprint search/background check has been completed If the applicant determines that no minors will be served by staff being directly charged or staff/volunteers used as match for this federally funded grant, the search is not required. Applicant hereby certifies that the recipient (and any subrecipients) have complied with the above regulations, as applicable. Signature of Authorized Official Name of Authorized Official Suzi Fode Date Page 9 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Request for volunteer Requirement Waiver Current VOCA program guidelines requires that grant recipients must use volunteers as a condition of receiving funds unless the state administrator determines there is a compelling reason to waive this requirement. A "compelling reason" may be a statutory or contractual provision concerning liability or confidentiality of counselor/victim information, which bars using volunteers for certain positions, or the inability to recruit and maintain volunteers after a sustained and aggressive effort. If an applicant requests a waiver of the volunteer requirement, the section below must be completed providing a compelling reason why the use of volunteers is not feasible for the agency. am requesting a waiver for the use of volunteers for my VOCA project/program: Yes ❑ No R If you are requesting a volunteer waiver, provide detailed explanation for your request in the following section. Waivers may only be requested in the following situations: 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. Our agency is reguesting a waiver for the following reason/s: Page 10 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE Subgrant Award Report (SAR) Complete the information below, this will be used by OCVA to complete the federal Subgrant Award Report (SAR) which collects basic information on subgrant recipients and program activities that will be implemented with VOCA plus match funds. How to video is here:,https://vimeo.com/365156967 1. Organization Name: New Hope 2. VOCA Crime Victim Assistance Funds Awarded in this grant: $313650.00 3. Sub -Grant Number (number assigned to your contract): 24-31310-165 4. Budget and Staffing Indicate below the requested information based on the subrecipient's current fiscal year. Report the total budget available to the victim services program, by source of funding. Do not report the entire agency budget, unless the entire budget is devoted to victim services programs. For example, if VOCA funds are awarded to support a victim advocate unit in a prosecutor's office, only report the budget for the victim advocate unit. Information Requested Response Explanation as required A. Total budget for all victimization The amount reported is for the programs and services 21467,775 current fiscal year. Include the subaward amount for this contract/ rant. B. Annual funding amounts allocated State funds: Identify by source the amount of to all victimization programs $979,628 funds allocated to the victimization and/or services for the current s Local funds: programs/services budget of the fiscal year 353,505 subgrantee agency. DO NOT COUNT FUNDS IN Other federal funds: MORE THAN ONE CATEGORY 820992 OTHER FEDERAL includes all Other non-federal: federal funding except the subaward amount reported in Question 2. C. Total number of paid staff for Total Paid Staff: Count each staff member once. all subgrantee victimization Enter Whole Number Both full and part time staff program and/or services should be counted as one staff 18 member. DO NOT prorate based on FTE. D. Number of staff hours funded Number of Hours: through this VOCA award Total COUNT of hours to work by (plus match) for subgrantee's all staff supporting the work of this victimization programs and/or 5387 VOCA subaward plus match. services E. Number of volunteerstaff Volunteer Staff: supporting the work of this Enter Whole Number COUNT each volunteer staff VOCA award (plus match) for once. DO NOT prorate based on subgrantee's victimization 2 FTE. programs and/or services F. Number of volunteer hours Number of Hours: supporting the work of this Total count of hours to work byall VOCA award (plus match) for volunteers supporting the work of subgrantee's victimization 50 this VOCA subaward plus match. programs Page 11 of 11 VOCA CERTIFICATION PACKET Yellow = mandatory field Blue = optional field DocuSign Envelope ID: 5E7DD56D-76A6-4395-9169-2ACB9067AAOE =_ Washington State 4Wft__ 'r Department f 4%v- Com, merce DocuSign Contract Review and Routing Form Office of Crime Victims Advocacy Reviewed by:,Title: I verify that I have: ®ate: -- - - - ------ Grant proofed documents Rene Malecki Manager 8/9/2023 7:08 AM PDT Section Matched approved Obligation Summary Mikah Semrow Memo and Allocation Spreadsheet 8/9/202317:51 AM PDT Manager Reviewed entry and coding in CMS ' Y g Correct template from IntraCOM has (Assistant) been used Rick Torrance Managing OR 8/10/2023 17:02 AM PDT Director Documentation has been included with reason for exception Use if Grant Manager needs to verify, Grantee submission before Assistant Director's signature Reviewed by: Title: I verify that I have: Date: Grant (Checked that Grantee has completed all Manager required certifications and/or forms Updated 5/25/2022 DocuSigry r�e..+:f�..�+e of r,,.,,..i,.s:,,., e i eca a omp a i®n Envelope Id: 5E7DD56D76A6439591692ACB9067AAOE Status: Sent Subject: Please DocuSign: OCVA SAS Core and Specialized Sexual Assault Services Grant# 24-31310-165 Division: Community Services and Housing Program: OCVA ContractNumber: 24-31310-165 DocumentType: Contract Source Envelope: Document Pages: 44 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Kelly Tracy AutoNav: Enabled 1011 Plum Street SE Envelopeld Stamping: Enabled MS 42525 Time Zone: (UTC -08:00) Pacific Time (US & Canada) Olympia, WA 98504-2525 Pool: Washington State Department of Commerce kelly.tracy@commerce.wa.gov Signer Events IP Address: 147.55.149.181 Record Tracking Status: Original Holder: Kelly Tracy Location: DocuSign 8/8/2023 2:16:52 PM kelly.tracy@commerce.wa.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign Signer Events Signature Timestamp Rene Malecki Completed Sent: 8/8/2023 2:20:42 PM rene.malecki@commerce.wa.gov Viewed: 8/9/2023 7:05:51 AM Security Level: Email, Account Authentication Signed: 8/9/2023 7:08:34 AM (None) Using IP Address: 147.55.149.237 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mikah Semrow mikah.semrow@commerce.wa.gov Sexual Assault Services Section Manager Washington State Department of Commerce Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rick Torrance richard.torrance@commerce.wa.gov Washington State Department of Commerce Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Suzi Fode sfode@grantcountywa.gov Director Grant County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/22/2021 9:54:00 AM ID: f9391 c86-5931-4a2b-9328-a83d2Of3b27c Using IP Address: 198.239.10.203 Completed Using IP Address: 198.239.10.211 Sent: 8/9/2023 7:08:36 AM Viewed: 8/9/2023 7:50:33 AM Signed: 8/9/2023 7:51:41 AM Sent: 8/9/2023 7:51:43 AM Viewed: 8/10/2023 7:02:15 AM Signed: 8/10/2023 7:02:17 AM Sent: 8/10/2023 7:02:19 AM Viewed: 8/10/2023 2:13:21 PM Signer Events Signature Timestamp Rene Malecki rene.malecki@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cindy Guertin -Anderson cindy.guertin-anderson@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature 'Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Ti mestamps .Envelope Sent Hashed/Encrypted 8/8/2023 2:20:42 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM Parties agreed to: Suzi Fode ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.15 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign(c-�,commerce.wa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: ht t s://su ort.docusi .com/ uides/signer- guide- si nin -s stem -re uirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce.