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HomeMy WebLinkAboutDept of Commerce - 2018 STOP Grant - Pasco PoliceSTATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525. Olympia, Washington 98504-2525 • (360) 725-4000 www.commerce.wa.gov December 15, 2017 Brent Cook Captain Pasco Police Department Post Office Box 293 Pasco, Washington 99301-5320 Dear Captain Cook, I am pleased to provide you with your fully executed FFY 2017 STOP Formula Grant. You will be receiving the invoice form electronically to be used when requesting payment. You must use the new invoice forms for costs incurred beginning January 1, 2018 as it includes new billing codes. Use of old forms may delay reimbursement for services. When you are ready for reimbursement, you may also submit the billing forms to us electronically or by fax. We will continue to require an Invoice Documentation Form for any goods and services you are charging to the grant. You will need to record the vendor, items purchased, the amount of the bill and then the amount charged to the grant. Items that are eligible for reimbursement will be those negotiated from your application and agreed upon prior to the execution of the grant. This is a listing only, do not include copies of checks or receipts, those should be kept in your file. If you have any questions or concerns, -please don't hesitate to contact me by email at iodine. hone sett ._commerce.wa.00v or by phone at (866) 857-9889. Sincerely, Jodi Honeysett Program Manager E Grant to For Department of Commerce Pasco Police Department through Office of Crime Victims Advocacy Community Services and Housing Division STOP Violence Against Women Formula Grant Program, grant pass through allocation to improve the community response to violence against women. Start date: January 1, 2018 TABLE OF CONTENTS FaceSheet.................................................................................................................................................... 1 SpecialTerms and Conditions...................................................................................................................... 2 1. Acknowledgement of Federal Funding......................................................................................... 2 2. Association of Community Organizations.....................................................................................2 All Writings Contained Herein.......................................................................................................7 3. Billing Procedures and Payment...................................................................................................2 Amendments.................................................................................................................................7 4. Civil Rights Provision....................................................................................................................3 Americans with Disabilities Act (ADA)..........................................................................................8 5. Compensation...............................................................................................................................3 Trainings Assignment...................................................................................................................................8 6. Conferences Meetings and ...........................................................................................3 Attorney's Fees............................................................................................................................. 7. Equal Opportunity Treatment for Faith Based Organizations.......................................................3 Audit.............................................................................................................................................8 Certification Regarding Debarment, Suspension or Ineligibility or Ineligibility, and Voluntary 8. General Appropriations - Law Restrictions...................................................................................3 9 9. Grant Management.......................................................................................................................4 4 10. Grant Modification......................................................................................................................... 4 11. 12. Insurance...................................................................................................................................... Non -Disclosure of Confidential or Private Information.................................................................. 5 5 13. Potential Fraud, Waste, and Abuse and Similar Misconduct....................................................... 12 14. Reporting...................................................................................................................................... 5 6 15. Services to Limited -English Proficient (LEP) Persons.................................................................. 12 16. Statutory and Regulatory Requirements......................................................................................6 12 17. Whistleblower Protections for Employees of OVW Recipients.....................................................6 12 18. Order of Precedence.................................................................................................................... 6 GeneralTerms and Conditions.................................................................................................................... 7 1. Definitions..................................................................................................................................... Prohibited 7 7 2. Advance Payments ...................................................................................................... 3. All Writings Contained Herein.......................................................................................................7 4. Amendments.................................................................................................................................7 5. Americans with Disabilities Act (ADA)..........................................................................................8 6. Assignment...................................................................................................................................8 8 7. Attorney's Fees............................................................................................................................. 8. 9. Audit.............................................................................................................................................8 Certification Regarding Debarment, Suspension or Ineligibility or Ineligibility, and Voluntary Exclusion....................................................................................................................................... 9 10. Confidentiality/Safeguarding of Information................................................................................10 11. Conflict of Interest....................................................................................................................... 10 12. Copyright Provisions...................................................................................................................11 11 13. Disputes..................................................................................................................................... 12 14. Duplicate Payment...................................................................................................................... 12 15. Governing Law and Venue......................................................................................................... 12 16. Indemnification............................................................................................................................ 12 17. Independent Capacity of the Grantee......................................................................................... 12 18. Indirect Costs.............................................................................................................................. 19. Industrial Insurance Coverage....................................................................................................13 20. 21. Laws............................................................................................................................................13 Licensing, Accreditation and Registration..................................................................................14 22. Limitation of Authority................................................................................................................. 14 23. Noncompliance With Nondiscrimination Laws............................................................................14 24. Political Activities........................................................................................................................ 15 25. Procurement Standards for Federally Funded Programs...........................................................15 26. Publicity.....................................................................................................................................15 16 27. Recapture................................................................................................................................... 16 28. Records Maintenance................................................................................................................. 29. Right of Inspection......................................................................................................................16 30. Savings.....................................................................................................................................16 16 31. Severability TABLE OF CONTENTS 32. Site Security................................................................................................................................ 16 33. Subgranting/Subcontracting...............................................:....................................................... 17 34. Survival.......................................................................................................................................17 35. Taxes......................................................................... ........................................................ 17 36. Termination for Cause.......................................................... ............. 17 37. Termination for Convenience...................................................................................................... 17 3938. Termination Procedures............................................................................................................. 18 40. Treatment of Assets.................................................................................................................... 18 . Waiver.........................................................................................................................................19 Attachment A — Copyright Provisions Attachment B — Standard Assurances Attachment C — Equal Employment Opportunity Plan Certification Attachment D — Limited English Proficiency, Findings of Discrimination, and Non -Supplanting Certification Attachment E — Restrictions and Certifications Regarding Non -Disclosure Agreements Attachment F — Prohibited Conduct Attachment G — Scope of Work Attachment H — Budget FACE SHEET Grant Number: FI7�1103-t1?�, Washington State Department of Commerce Community Services and Housing Division . Office of Crime Victims Advocacy FFY 2017 Violence Against Women STOP Grant Program (2 Counties) 1, Grantee 12. Grantee Doing Business As (optional) Pasco, City of Pasco Police Department 5225 N 3rd Avenue Pasco, WA 99301-5320 3. Grantee Representative 4, COMMERCE Representative Brent Cook Jodi Honeysett PO Box 42525 Captain Program Manager 985042525 Phone: (509) 545-3475 Fax: (509) 5453423 Phone: (360) 725-2876 Fax: (360) 586-7176 1011 Plum Street SE cookb@pasco-wa.gov jodine.honeysett@commerce.wa.gov Olympia, WA 98501 5. Grant Amount S. Funding Source s 7. Start Date 8. End Date $ 34,698.00 Federal:, 9 State: 0 Other: ❑ WA..O 3 111/2018 12/31/2016 „ ..... ,..___.. 9. Federal Funds (as Awardlr�•:s Official: CFDA Number applicable) Department of Justice, OVW 18•688 10. Tax ID # 11. SWV # 12. DUNS # 13. Indirect Rata 91-6001264 SWV000716"0 009974598 N/A 1 14. Grant Purpose FFY 2017 STOP Violence Against Women Grant Program supports activities that improve the community response to violence against women.' COMMERCE, defined as the Department of Commence, and the Grantee, as defined above, acknowledge and. accept the 1 terns 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: Grantee Terms and Conditions including Attachment A — Copyright Provisions; Attachment B — Standard Assurances; Attachment C — Equal Employment Opportunity Plan Certification; Attachment D - Limited English Proficiency, Findings of Discrimination and Non -Supplanting Certification; Attachment E — Restrictions and Certifications Regarding Non-Disrdosure Agreements; Attachment F — Prohibited Conduct; Attachment G - Scope of Work; Attachment H — Budget; and Grantee's Application for Funding as submitted and approved by COMMERCE. _ _. _.«...... ................ _.... _.........-. _ _..___. _ _v ___ ..._...._.__._ _. __.._ � FOR GRANTEE FOR COMMERCE ure " rani Klontz, tent Director N e Date Title `1a Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE 1 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: 9/28/2017 Federal Award Identification Number (FAIN): 2017 -WF -AX -0030 Total amount of the federal award: $3,196,090.00 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 subgrant No. F17-31103-023 awarded by the state administering office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women. Grant funds are administered by the Office of Crime Victims Advocacy, Community Services and Housing Division, Washington State Department of Commerce." 2. ASSOCIATION OF COMMUNITY ORGANIZATIONS ACORN Grantee agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OVW. 3. BILLING PROCEDURES AND PAYMENT The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-19) form provided by OCVA program staff. Invoices shall be submitted at least quarterly, but not more often than monthly, on the Invoice Voucher (A-19) Forms. The Invoice Voucher shall be submitted to Jodi Honeysett, Program Manager, Office of Crime Victims Advocacy, Post Office Box 42525, Olympia, Washington 98504-2525. Invoices can also be submitted electronically by email iodine. honey settrp commerce.wa. ov, or by fax (360) 586-7176. COMMERCE will pay Grantee upon acceptance of program activities provided and receipt of properly completed invoices. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment 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. 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 su bgrants/su bcontracts. 2 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS 4. CIVIL RIGHTS PROVISION The Grantee shall comply with the Violence Against Women Reauthorization Act of 2013 provision that prohibits recipients of STOP Grant funding from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by this Grant. 5. COMPENSATION COMMERCE shall pay an amount not to exceed $ 34,698.00 for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment G — Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment H — Budget. Grantee shall provide a non-federal match. The total match to be provided shall be at least $ 11,566.00 unless otherwise agreed upon and fulfilled by STOP Grant county partners. 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. An expended amount of match funds must be identified on the invoice voucher form provided by COMMERCE. Transfer of any amount 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 of an amendment by Grantee and COMMERCE. Payment will be on a reimbursement basis only. Consultant fees may not exceed $650 per day (excluding travel and subsistence costs) for an eight- hour day or may not exceed $81.25 per hour for less than an eight-hour day. Travel expenses incurred or paid by the 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. Travel expenses are included in the maximum grant amount for this Grant. Current rates for travel may be accessed using the following link: htt;1//ww1017moe,: df 6. CONFERENCES MEETINGS AND TRAININGS The Grantee agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at hftr,s-://www..iustice.c.ov/ovw/file/892031/download. The Grantee agrees to comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Financial Grants Management Guide, which can be found at hftps://www.jusfice.gov/ovw/file/892OZI /download. 7. EQUAL OPPORTUNITY TREATMENT FOR FAITH -BASED ORGANIZATIONS The Grantee agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of Justice regulation. 8. GENERAL APPROPRIATIONS - LAW RESTRICTIONS The Grantee agrees to comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at httos:l/www.iustice. ov/ovw/ rantees, and are incorporated by reference. SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 9. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their Grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 10. 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. 11. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Professional Liability, Errors and Omissions Insurance. (This provision applies only if the grantee or subgrantees are using the services of licensed professionals to perform services described under this Grant.) The Grantee shall maintain Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under Grant to the Grantee. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Local Government Grantees that Participate in a Self -Insurance Program Self-Insured/Liability Pool or Self -Insured Risk Management Program – With prior approval from COMMERCE, the Grantee may provide the coverage above under a self-insured/liability pool or self- insured risk management program. In order to obtain permission from COMMERCE, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self- insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Grantee's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self- insurance, evidencing continued coverage under Grantee's self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self- insurance will be provided on the anniversary of the start date of this Agreement. 12. NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION The Grantee agrees to comply with the provisions of 42 U.S.C. 13925(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. 13. POTENTIAL FRAUD. WASTE AND ABUSE. AND SIMILAR MISCONDUCT The Grantee agrees to promptly refer to the Department of Justice Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subgrantee, 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 Divisions, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) email to: oig.hotlinea-usdoi.gov; and/or (3) the DOJ OIG hotline: (800) 869-4499 (phone) or (202) 616-9881 (fax). 14. REPORTING The Grantee shall submit an annual progress report electronically on a form provided by COMMERCE for the work performed. The electronic report is due to COMMERCE January 15. 2019 (for the performance period January 1, 2018 through December 31, 2018). The Grantee shall maintain documentation and records that support the progress reports. SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 15. SERVICES TO LIMITED -ENGLISH -PROFICIENT LEP PERSONS To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps'to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including interpretation and translation services, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing their programs and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. Additional assistance regarding LEP obligations and information may be found at www.lep.gov. 16. STATUTORY AND REGULATORY REQUIREMENTS The Grantee agrees to comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, Violence Against Women Act of 2000, P.L. 106-386, Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, and OVW's implementing regulations at 28 CFR Part 90. 17. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES OF OVW RECIPIENTS The Grantee agrees to comply with all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee by the Grantee 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 Grantee should inform their employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 18. 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 • Face Sheet • Special Terms and Conditions • Attachment A — Copyright Provisions • Attachment B — Standard Assurances • Attachment C — Equal Employment Opportunity Plan Certification • Attachment D — Limited English Proficiency, Findings of Discrimination and Non -Supplanting Certification • Attachment E — Restrictions and Certifications Regarding Non -Disclosure Agreements • Attachment F — Prohibited Conduct • Attachment G - Scope of Work • Attachment H — Budget • General Terms and Conditions • Application for Funding as submitted and approved by COMMERCE GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS 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 Department of Commerce. C. "Grant' or "Agreement" means the entire written agreement between COMMERCE and the Grantee, 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. "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. G. "State" shall mean the state of Washington. H. "Subgrantee/subcontractor" shall mean one not an employee of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "subgrantee/subcontractor" refers to any tier. I. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. J. "Vendor' is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 3. 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. 4. 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. GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 5. AMERICANS WITH DISABILITIES ACT ADA OF 1990. PUBLIC LAW 101-336. also referred to as the "ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 6. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 7. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs. 8. AUDIT A. General Requirements Grantees are to procure audit services based on the following guidelines. The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subgrantees also maintain auditable records. The Grantee is responsible for any audit exceptions incurred by its own organization or that of its Subgrantees. COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Grantee must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. Federal Funds Requirements — 2 CFR Part 200 Grantees expending $750,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) 2 CFR Part 200. When state funds are also to be paid under this Grant a Schedule of State Financial Assistance as well as the required schedule of Federal Expenditure must be included. Both schedules include: Grantor agency name Federal agency Federal program name Other identifying contract numbers Catalog of Federal Domestic Assistance (CFDA) number (if applicable) Grantor contract number Total award amount including amendments (total grant award) Current year expenditures If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Grantee in accordance with 2 CFR Part 200. GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS The Grantee shall include the above audit requirements in any subgrants. In any case, the Grantee's financial records must be available for review by COMMERCE. Documentation Rec uirements The Grantee must send a copy of any required audit Reporting Package as described in 2 CFR Part 200 no later than nine (9) months after the end of the Grantee's fiscal year(s) by sending a scanned copy to auditreviewC(commerce.wa.�ov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Grantee must include: • Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE • Copy of the Management Letter CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this Grant, been convicted of or had a civil 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 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; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this section; and 4. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, state, or local) terminated for cause of default. 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: GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS LOWER TIER COVERED TRANSACTIONS a. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such Grantee shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Grantee that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may 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 five (5) 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. 11. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Grantee in the procurement of, or performance under this Grant. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any state of Washington employees or former state employees employed or on the firm's governing board 10 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS during the past 24 months. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further consideration for the award of a contract. In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Grant. 12. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be 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 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. 13. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with COMMERCE's Director, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Grantee's name, address, and Grant number; and be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. 11 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 14. DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 15. 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. 16. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the Grant. "Claim" as used in this Grant, means any financial loss, claim, suite, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee/subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The Grantee and its employees or agents performing under this Grant are not employees or agents of the state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 18. INDIRECT COSTS The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 12 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 19. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 20. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws. Re ulations and Circulars IFederal� A. Audits 2 CFR Part 200 B. Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082 Drug -Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5 C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs Americans with Disabilities Act of 1990, Public Law 101-336 Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60 Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102 Employment under Federal Contracts, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793 Nondiscrimination under Federal Grants, .Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794 Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631 Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551 Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a) Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq., 24 CFR Part 1 Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352 Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60 Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR 570.607(b)) D. Office of Management and Budget Circulars 2 CFR Parts 200, 215, 220, 225, and 230 E. Other Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.0 51-54 13 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 2431Wednesday, December 20, 1989 Hatch Political Activity Act, 5 U.S.C. 1501-8 Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 provides that Grantees who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient Non -Supplantation, 28 CFR Sec. 90.18 Section 8 Housing Assistance Payments Program F. Privacy Privacy Act of 1974, 5 U.S. C. 552a Washington.State Laws and Regulations A. Affirmative action, RCW 41.06.020 (1) B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264 C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW D. Discrimination -human rights commission, Chapter 49.60 RCW E. Ethics in public service, Chapter 42.52 RCW F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC G. Open public meetings act, Chapter 42.30 RCW H. Public records act, Chapter 42.56 RCW I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW 21. 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. 22. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed the Agent. 23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with the state. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in. accordance with the "Disputes" procedure set forth herein. 14 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS 24. POLITICAL ACTIVITIES Political activity of Grantee employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used under this Grant for working for or against ballot measures or for or against the candidacy of any person for public office. 25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A Grantee which is a nonprofit organization shall establish procurement policies in accordance with 2 CFR Part 200, for all purchases funded by this Grant. The Grantee's procurement system should include at least the following: A. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of Grants using federal funds. B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. Minimum procedural requirements, as follows: 1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. 2. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. 3. Positive efforts shall be made to use small and minority-owned businesses. 4. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Grantee, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. 5. Subgrants shall be made only with reasonable Subgrantees who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. 6. Some form of price or cost analysis should be performed in connection with every procurement action. Procurement records and files for purchases shall include all of the following: a. Grantees selection or rejection b. The basis for the cost or price c. Justification for lack of competitive bids if offers are not obtained 7. A system for Grant administration to ensure Grantee conformance with terms, conditions and specifications of this Grant, and to ensure adequate and timely follow-up of all purchases. C. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds from this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received when value of this Grant is expected to exceed $5,000. Prior approval requests shall include a copy of proposed Grants and any related procurement documents and justification for non-competitive procurement, if applicable. 26. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with 15 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 27. 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. 28. RECORDS MAINTENANCE The Grantee shall maintain all 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 which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. 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 finally resolved. 29. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agency or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 30. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 31. 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. 32. SITE SECURITY While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 16 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERALFUNDS 33. SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition 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. 34. 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. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 36. TERMINATION FOR CAUSE In event COMMERCE determines that the Grantee failed to comply with any term or condition 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. 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant COMMERCE may, by ten (10) business dayswritten notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is 17 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS so terminated, the Grantor 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. 38. 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 COMMERCE 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 COMMERCE 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 COMMERCE, the Grantee shall: Stop work under the Grant on the date, and to the extent specified, in the notice; Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; Assign to COMMERCE, in the manner, at the times, and to the extent directed by COMMERCE, all of the rights, title, and interest of the Grantee under the orders and subgrants/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 subgrants/subcontracts; Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of COMMERCE to the extent COMMERCE may require, which approval or ratification shall be final for all the purposes of this clause; Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by COMMERCE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; Complete performance of such part of the work as shall not have been terminated by COMMERCE; and take such action as may be necessary, or as COMMERCE 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. 39. 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. 18 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 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. All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 40. 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. 19 ATTACHMENT A SPECIAL CONDITION REGARDING COPYRIGHT PROVISIONS January 1, 2018 through December 31, 2018 Pursuant to 2 CFR §200.315(b), the recipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. The Office on Violence Against Women reserves a royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work, in whole or in part (including in the creation of derivative works), for Federal purposes, and to authorize others to do so. The Office on Violence Against Women also reserves a royalty -free, nonexclusive and irrevocable right to reproduce publish or otherwise use, in whole or in part (including in the creation of derivative works), any work developed by a subrecipient of this award, for Federal purposes, and to authorize others to do so. In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from the Office on Violence Against Women program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval, before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure that this condition is included in any subaward, contract or subcontract under this award. _ _ATTACHMENT B .,..µ,_.._...e --- _ ----------�- OM_B APPROVAL NO. ~1121-0140 EXPIRES 5/31/2019 STANDARD ASSURANCES The Grantee hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372 (Intergovernmental review of federal programs). The Grantee also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper,or electronic records related to the financial assistance. 4. it will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subrecipients or contractors to comply) with any applicable nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); 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); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07). It will also comply with Ex. Order 13279, Equal Protection of the Laws for Faith -Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking Criteria for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing regulations at 28 C.F.R. Part 38. 7. If a governmental entity: a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Date Signature "a ATTACHMENT C CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. Recipient's Name: Pasco Police De mrtment _ Address: 525 N 3rd Avenue, Pasco, WA Is agency a Direct or C Sub recipient of OJP OVW or COPS fundin �? Law Enforcement Agency? Yes ❑ No DUNS Number: 009974598 Vendor Number (only if direct recipient): N/A T Name and Title of Contact Person: Brent Coo C tain Telephone Number: (509) 545-3475 E -Mail Address: cookb0 asco-wa. ov Section A— DeclarationMaiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. ❑ Las than fifity empioyees. ❑ lndim teibe. ❑ Medical insti , ❑ Nonprofit Organization. ❑ Educadonai hwfiU tion_ ❑ Receiving as award less dm $25,000 I. _ __ . [responsible official], certify that [recipient] is not required to prepare an ESOP 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. PrintorT Name and Yule 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 EEOP to the OCR for review as long as it cern; cs the following (42 C.F.R. § 42.305): I, [responsible officlan, certify that� [recipient] Which has fifty or more employees and is receiving a single award for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt E. I further certify that within the last twenty-four months, the proper authority has formulated and signed itito 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 Pr 'ramsU.S. De a t of Justice. The EEOP is on file at the following office: Pr [organization], -, t [address]. - 'y *' t Print or I pe Ntime and Dtla lenature � - 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 fefiy or more employees and is receiving a single award or subaward of $500,000 or more, then the recipient agency must send an EEOP Short Form to the OCR for review, 11 _ - _ _ _ _.- _ _ — __. ..__..__ [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. Paint or Type Name and 77de w Signature Date ATTACHMENT D LIMITED ENGLISH PROFICIENCY, FINDINGS OF DISCRIMINATION, AND NON -SUPPLANTING CERTIFICATION 1. LIMITED ENGLISH wPROFICENCY To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, grant recipients 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 V1 Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41435 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at 2. NOTIFICATION OF FINDINGS OF DISCRIMATION 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 basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability 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. 3. NON -SUPPLANTING CERTIFICATION No STOP Grant funds will be used to supplant existing state, local, or other nonfederal funding already in place to support current services. STOP Grant funds will be used to increase the total amount of funds used to combat violence against women. 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. 4. GRANTEE DUTY TO ENSURE SUBGRANTEES COMPLIANCE The Grantee is required to ensure compliance with this requirement by any program partner or participant receiving funding under this Grant. As the duly authorized representative of the Grantee, I hereby certify that the Grantee will comply with the above Civil Rights requirements and Non -Supplanting specified in this Certification. Pgsgg,Pplice Decaartme� Ay . ncy Name Name�of ,� 4riz al, Title of 4wthorized Official Signature of Authorized Official Date ATTACHMENT E RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS January 1, 2018 through December 31, 2018 No recipient or subrecipient under this Grant, or entity that receives a contract or subcontract with any funds under this Grant, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such Information. The foregoing is not intended, and shall not be understood by the agency making this Grant, 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. A. In accepting this Grant, the recipient: 1. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 2. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of grant funds, will provide prompt written notification to the agency making this Grant, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. B. If the recipient does or Is authorized to make subgrants or contracts under this Grant: 1. it represents that: a. it has determined that no other entity that the recipient's application proposes may or will receive grant funds (whether through a.subgrant, contract, or subcontract) 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 b. it has made appropriate inquiry, or otherwise has an adequate factual basis, to'support this representation; and 2. it certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity that receives funds under this Grant is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of Grant funds to or by that entity, will provide prompt written notification to the agency making this Grant, and will resume (or permit resumption of) such obligations only if expressly authorized.to do so by that agency. Pasco Police Department A:;encv Name Title of Authorized Official of Authorized Oi iicW Date ATTACHMENT F PROHIBITED CONDUCT BY GRANTEES AND SUBGRANTEES RELATED TO TRAFFICKING IN PERSONS CERTIFICATION (including reporting requirements and authority to terminate grant) „SAction A Provisions applicable to ajj reclbients A. During the period of time that this grant is in effect, the grantee, subgrantees, and the employees of these agencies may not engage in - 1. Severe forms of trafficking in persons; 2. Procurement of a commercial sex act; 3. Use of forced labor in the performance of the grant or any subgrant, 4. Acts'that directly support or advance trafficking in persons, including acts such as: a. Denying an employee access to the employee's own identity or immigration documents (including by destroying or confiscating such documents); b. Without legally -sufficient justification as determined by the Washington State Department of Commerce (Commerce) failing to provide (or pay for) return transportation to an employee to the country from which the employee was recruited (if other than the United States), if the employee requests such return transportation upon the end of employment; c. Using materially false or fraudulent pretenses, representations, or promises regarding the employment to solicit a person for employment, or in an offer of employment; d. Charging recruited employees unreasonable placement or recruitment fees, such as fees equal to or greater than the employee's monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited; or e. Providing or arranging housing that fails to meet the host country (e.g., the United States) housing and safety standards. B. Commerce as the awarding agency may unilaterally terminate this award, without penalty, if the department's director, or his designee, determines that the grantee or a subgrantee -7- 1. Violated a prohibition in section A.1 above; or 2. Has an employee who violated a prohibition in section A.1 above through conduct that Is either: a. Associated with performance under this grant; or b. Imputed to the grantee or the subgrantee using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement)," as implemented by the Department of Justice (DOJ) at 2 C.F.R. Part 2867. C. The grantee must inform Commerce promptly, and without delay, of any information the grantee or subgrantee receives from any source alleging a violation of a prohibition in section A.1 above. D. Commerce's authority to terminate this grant unilaterally (without penalty), described in section A.2 above: 1. Implements section 106(8) of the Trafficking Victims Protection Act of 2000 (TVPA), (22 U.S.C. 7104(g)), and 2. Is in addition to any and all other remedies for noncompliance that are available to Commerce with respect to this award, whether under the NPA (see, e.g., 22 U.S.C. 7104b) or other applicable law. E. The grantee must include and incorporate all applicable provisions of this award condition in any subgrant the grantee makes. ATTACHMENT F : Section B. Defrnf ions For purposes of this grant condition: A. "Employee". means either: 1. An individual employed by the grantee or by a subgrantee who is engaged in the performance of the projector program under this award; or 2. Another person engaged in the performance of the project or program under this award, whether or not compensated with award funds, including, but not limited to, a volunteer, an individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements, or an agent (including a labor recruiter or broker). B. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. C. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the NPA (22 U.S.C. 7102). As the duly authorized representative of the grantee, I hereby certify that the grantee and subgrantees, if applicable, will comply with the above Prohibited Conduct by Grantees and Subgrantees Related to Trafficking in Persons specified in this Certification. Pasco Police Department 2n, (Q - L`_Vj��e Title of Authorized Official Date ATTACHMENT G SCOPE OF WORK January 1, 2018 through December 31, 2018 The Pasco Police Department shall provide staff and furnish goods and services necessary to accomplish the activities under the STOP Violence Against Women Formula Grant Program 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 state government's direct benefit. The principle purpose of this Grant is to provide funding for the Pasco Police Department to accomplish a public purpose. Funding from this Grant must be used to support the Grantee's STOP Violence Against Women Formula Grant Program. Grantee must ensure that activities funded under this Grant program are available to adult or youth victims (ages 11 or older) of domestic violence, sexual assault, stalking or dating violence during Grantee's regular business hours and shall include, but not be limited to: ■ system -based advocacy on behalf of the victim; • information and support for victims; • assistance with obtaining protection orders or other court documents; • assistance with restitution; ■ assistance in accessing Crime Victims Compensation benefits; ■ notification of hearings and other relevant events; • referrals to other agencies which can provide information for a victim; • active collaboration with victim services and law enforcement to ensure a supportive and strong coordinated response for victims of domestic violence; sexual assault, dating violence, and stalking; and ■ ensuring that goods and services, supplies or administrative costs supported by this grant program are related to issues involving adult or youth victims (ages 11 and older) of domestic violence, sexual assault, dating violence or stalking. Services provided must be consistent with current state and federal laws and mandates. Food and Beverage Costs: Grantee agrees Grant funds will not be used to purchase food and/or beverages for any meeting, conference, training, or other event, with the exception of support groups or training volunteers. Training or Training Materials: Grantee agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees and Subgrantees, available at htt s://www.'ustice.covlsites/default/files/ovw/Iec,ac, /2012/06/28/ov_w-training- uidin - rinci les- rantees-sub rantees. df. Outreach, Public Awareness and Education Activities: Grant funds may only be used to support, inform, and outreach to victims about available services. Grantee agrees grant funds will not be used to conduct public awareness or community education campaigns or related activities. Coordinated Community Response Team: The Grantee and Subgrantees, if applicable, shall participate at least quarterly, in the county's Coordinated Community Response Team to increase the safety of victims of sexual assault and hold offenders accountable. OCVA Program Staff may conduct periodic checks for compliance with participation in the CCR. Noncompliance may result in suspension of payments to Grantee under this Grant. Victim Safety and Recovery: The Grantee and Subgrantees, if applicable, agree that these funds will not support activities that compromise victim safety and recovery, such as: A. Procedures or policies that: 1. exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children; ATTACHMENT G 2. compromise the confidentiality of information and privacy of persons receiving Office on Violence Against Women -funded services; 3. impose requirements on victims in order to receive services (e.g. seek an order of protection, receive counseling, participate in couples counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); 4. fail to include conducting safety planning with victims and fail to account for the physical safety of victims; 5. deny victims and non -abusing parents or caretakers and their children access to services based on their involvement with the perpetrator; 6. require testing of sexual assault forensic evidence in cases where the victim obtained a medical forensic exam but has not chosen to participate in the criminal justice system; B. Requiring survivors to meet restrictive conditions in order to receive services (e.g. background checks of victims, clinical evaluations to determine eligibility for services.) or other screening processes that elicit information that is not necessary for services, such as questions about immigration status, gender identity, sexual orientation, disability, physical or mental health, and work or criminal history that the service provider does not need to know about to provide services safely; C. Project design and budget that fail to account for the access needs of participants with disabilities and participants who have'limited English proficiency or who are Deaf or hard of hearing; D. Pre-trial diversion programs not approved by the Office on Violence Against Women or the automatic placement of offenders in such programs; E. Couples counseling, family counseling or any other manner of joint victim -offender counseling as a routine or required response to sexual assault, domestic violence, dating violence, or stalking, or in situations in which child sexual abuse is alleged; F. Mediation, couples counseling, family counseling or any other manner of joint victim -offender counseling; mandatory counseling for victims, penalizing victims who refuse to testify, or promoting procedures that would require victims to seek legal sanctions against their abusers (e.g., seek a protection order, file formal complaint); the placement of perpetrators in anger management programs; or any other activities outlined in the solicitation under which the approved application was submitted; G. Offering or ordering anger management programs for offenders as a substitute for batterer's intervention programs; H. Relying on batterer intervention programs that do not use court monitoring to hold batterers accountable for their behavior; and I. Enforcing or promoting nuisance abatement ordinances, crime -free housing ordinances, or crime -free lease addenda (often associated with crime -free housing programs) that require or encourage the eviction of tenants or residents who may be victims of domestic violence, sexual assault, dating violence or stalking. See also the U.S. Department of Housing and Urban Development for guidance on how such ordinances and addenda may violate the Fair Housing Act. ATTACHMENT G DELIVERABLES The Grantee shall be responsible for the following deliverables: 1. Participation in coordinated community response meetings at least quarterly —As detailed above 2. Reports — As described in Section 14 of the 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. Participation in at least 75% of coordinated community response meetings 2. 100% of required reports will be submitted on time 3. 90% of vouchers will be completed on time ATTACHMENT H BUDGET Category Proiected Costs COUNTY: BENTON FRANKLIN Contracted Services $16,655.00 $18,043.00 Total Grant Award: $16,655.00 $18,043.00 Match: $5,396.00 $6,170.00 Total Project: $22,051.00 $24,213.00 Transfer of funds between line item budget categories must be approved by OCVA program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total grant award shall be subject to justification and negotiation of an amendment by Grantee and the Department of Commerce. The cost of allowable equipment purchased with these funds must be prorated to grant activity usage, unless items are used 90% or more on grant activities. Equipment authorized to be purchased with grant funds must be documented in an inventory system indicating, at a minimum, date of purchase, quantity, and distribution. It must also be purchased within the first quarter of the Grant. NEW: Printing of Materials: OCVA must forward requests to print brochures, billboards, and other publications to the Office on Violence Against Women not less than twenty (20) days prior to public release of the materials. If approved, the printing must be completed within the first three months of the Grant. Consultant fees may not exceed $650 per day (excluding travel and subsistence costs) for an eight-hour day or may not exceed $81.25 per hour for less than an eight-hour day. Administrative costs may not exceed 15% of each agency's STOP Grant funding. Administrative costs must be related to STOP activities funded by this Grant. No grant funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. However, this does not apply to law enforcement agencies or any other entity carrying out criminal investigations, prosecution, or adjudication activities.