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Home My WebLink AboutDepartment of Commerce - FFY 2019 STOP Grant FormulaSTATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000 November 6, 2019 Brent Cook Captain Pasco Police Department Post Office Box 293 Pasco , Washington 99301-5320 Dear Captain Cook, www.commerce.wa.gov I am pleased to provide you with your fully executed FFY 2019 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, 2020 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 co pies of checks or recei pts, those should be kept in your file. If you have any questions or concerns, please don't hesitate to contact me by email at jodine .honeysett@ commerce .wa .g ov or by phone at (866) 857-9889 . Sincerely, ~y~ Program Manager 0 Department of Comme rce Interagency Agreement with For 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, 2020 THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS Face Sheet .................................................................................................................................................... 1 Special Terms and Conditions ...................................................................................................................... 2 1. Authority .......................................................................................................................................... 2 2. Acknowledgement of Federal Funding ............................................................................................ 2 3. Audit ................................................................................................................................................. 2 4. Billing Procedures and Payment... .................................................................................................. 2 5. Compensation .................................................................................................................................. 3 6. Conferences Meetings and Trainings ............................................................................................ 3 7. Grant Management ......................................................................................................................... 4 8. Grant Modification ........................................................................................................................... 4 9. Debarment ....................................................................................................................................... 4 10 . Indirect Costs ................................................................................................................................... 5 11. Insurance ......................................................................................................................................... 5 12. Non-Compliance With Non-Discrimination Laws ............................................................................ 6 13. Non-Supplanting .............................................................................................................................. 6 14 . Political Activities .............................................................................................................................. 7 15 . Potential Fraud, Waste, Abuse and Similar Misconduct.. ............................................ , ................... 7 16 . Procurement Standards for Federally Funded Programs ................................................................ 7 17 . Reporting ........................................................................................................................... , .............. 8 18 . Services to Limited-English Proficient (LEP) Persons ..................................................................... 8 19 . Statutory and Regulatory Requirements .......................................................................................... 8 20 . Subcontractor .Data Collection ......................................................................................................... 8 21. VAWA 2013 Non-Discrimination Provision ..................................................................................... 8 22. Order of Precedence ........................................................................................................................ 9 General Terms and Conditions ................................................................................................................... 10 1. Definitions ...................................................................................................................................... 1 o 2. All Writings Contained Herein ........................................................................................................ 10 3. Amendments .................................................................................................................................. 1 O 4. Assignment .................................................................................................................................... 10 5. Confidentiality and Safeguarding of Information ............................................................................ 10 6. Copyright ........................................................................................................................................ 11 7. Disputes ......................................................................................................................................... 11 8. Governing Law and Venue ............................................................................................................ 12 9. Independent Capac ity of the Grantee ............................................................................................ 12 10 . Licensing, Accreditation and Registration ...................................................................................... 12 11 . Recapture ..................................................................................................................................... 12 12. Records Maintenance ................................................................................................................... 12 13 . Savings ... . . .. . .. . .. . .. . .. .. . . .. .. .. .. . ... .. .. .... ...... .. .. .. . .. . .. .. .. .. .. .. . .. .. .. . .. .. .. . ... .. . .. .. . .. . .. . .. . .. .. .. ... .. . . .. .. . .... . . .. . .. . . 12 14. Severability .................................................................................................................................... 13 15. Subcontracting ............................................................................................................................... 13 16. Survival .......................................................................................................................................... 13 17. Termination for Cause .................................................................................................................... 13 18 . Termination for Convenience ......................................................................................................... 14 19. Termination Procedures ................................................................................................................ 14 20 . Treatment of Assets ....................................................................................................................... 15 21. Waiver .......................................................................................................................................... 15 Attachment A -Certification of Compliance with Federal Regulations Attachment B -U.S. Department of Justice Certified Standard Assurances Attachment C -Certification Form -Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements TABLE OF CONTENTS Attachment D -Certification on Employment Eligibility; Unreasonable Restrictions; and Suitability to Interact with Minors Attachment E -Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters Attachment F -Scope of Work Attachment G -Budget 1. Grantee City of Pasco 525 N 3rd Avenue Pasco, WA 99301 3. Grantee Representative Brent Cook Phone : (509) 545-3475 Email: cookb @ pa sco-wa .gov 5. Grant Amount $34,698.00 9. Federal Funds (as applicable) 10. Tax ID# N/A 14. Grant Purpose FACE SHEET Washington State Department of Commerce Community Services and Housing Division Office of Crime Victims Advocacy Grant Number: F19-31103-023 FFY 2019 Violence Against Women STOP Grant Program 2. Grantee Doing Business As (optional) Pasco Police Department 4. COMMERCE Representative PO Box42525 Jodine Honeysett Program Manager 98504-2525 Phone: (360) 725-2876 1011 Plum Street SE Fax: (360) 586-7176 jgdine .hone ~ett@comm ~rce.wa.gov Olympia , WA 98501 6. Funding Source 17. Start Date , 8. End Date Federal: 0 State: 0 Other: 0 N/A: D 01/01/2020 12/31/2020 Federal Agency CFDA Number Indirect Cost Rate Department of Justice, OVW 16.588 N/A 11. SWV# 12. UBI# 13. DUNS# SWV0007164-00 113000052 009974598 STOP Violence Against Women Formula Grant Program, grant pass through allocation to improve community response to violence against women. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and Attachments and have executed this Grant on the date below and warrant they are authorized to bind their respective agencies. 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 - Certification of Compliance with Federal Regulations; Attachment B -U.S. Department of Justice Certified Standard Assurances; Attachment C -Certification Form -Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements; Attachment D-Certification on Employment Eligibility; Unreasonable Restrictions; and Suitability to Interact with Minors; Attachment E -Restrictions and Certifications Regard ing Non-Disclosure Agreements and Related Matters; Attachment F -Scope of Work; Attachment G-Budget; and Grantee's Application for Funding as submitted and approved by COMMERCE. FORGRA{Z:L_ FOR COMMERCE /d ("\ ..,,,,,......._ I r ... ,,,_::r.,-'-'\I Signature Dlane Klontz, Assi,t'nt Director KfJ:J £~!{_, 1,ft1-lt~ Name Date r I {.:!Ji~£ al R, lie.~ APPROVED AS TO FORM ONLY BY ASSISTANT Title ATTORNEY GENERAL 07/17/2019 u Lot;_ /2at1 APPROVAL ON FILE. oa re r 1. AUTHORITY SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the lnterlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: 08/26/2019 Federal Award Identification Number (FAIN): 2019-WF-AX-0056 Total amount of the federal award: $3,359,114.00 Total amount of federal award 2019-WF-AX-0056 funding in this Grant: $34,698.00 The recipient agrees that all materials and publications (written, web-based, audio-visual, or any other format) resulting from grant activities shall contain the following statement: "This project was supported by Subgrant No. F19-31103-023 awarded by the state administering office for the Office on Violence Against Women, U.S. Department of Justice's 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." Grant funds are administered by the Office of Crime Victims Advocacy, Community Services and Housing Division, Washington State Department of Commerce. 3. AUDIT If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: A. Submit to COMMERCE the reporting package specified in 0MB Super Circular 2 C.F.R. 200.501, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to auditreview@ commerce.wa.gov. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE. The Grantee shall submit all requests for reimbursement on the 1nvoi c e 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 Jodine Honeysett, Program Manager, Office of Crime Victims Advocacy, Post Office Box 42525, Olympia, Washington 98504-2525. Invoices can also be submitted electronically by email to jodine.honeysett @commerce.wa.gov, faxed to (360) 586- 7176, or via Secure Access Washington to the Commerce Contract Management System (CMS). Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be made via electronic funds transfer. 2 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS COMMERCE may, in its sole discretion , terminate the Grant or withhold payments claimed by the Grantee for serv ices rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments i n advance or in anticipation of services or supplies to be provided under this Grant sha ll be made by COMMERCE. The Grantee agrees to comply with the financial and administrative requirements set forth in the cu rrent edition of the U.S. Department of Justice , Financial Grants Management Guide, which can be found at htt ps://www . justice.qov/ovw/page/fi le/1116786/download . Du plication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Grant, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source , including grants, for that service . Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 5. COMPENSATION COMMERCE shall pay an amount not to exceed $34 ,698.00 for the performance of all th ings necessary for or incidental to the performance of work as set forth in Attachment F -Scope of Work. Grantee 's compensation for services rendered shall be in accordance with Attachment G -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 th is Grant. An expended amount of match funds must be identified on the invoice voucher form provided by COMMERCE. Transfer of funds between line item budget categor ies must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. Payment w ill 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: https://www.ofm.wa.gov/sites/default/files/p ublic/resources/travel/colorma p.p df. 6. CONFERENCES , MEETINGS , AND TRAININGS The Grantee , and any Subgrantee , must comp ly w ith all applicable laws, regulations , policies , and official Department of Justice (DOJ) guidance (including specific cost limits, prior approval and reporting requirements , where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears on the Office of Violence Against Women (OVW) website at https://www .j ustice .g ov/ovw/conference-plann ing. 3 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS OVW Trainin g Guidin g Princi p les The Grantee understands and 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 https://www.i ustice.g ov/ovw/g rantees#Resources. Food and Bevera ge Costs The Grantee agrees STOP Formula Grant Program 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. 7. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are· identified on the Face Sheet .of this Grant. 8. 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. 9. DEBARMENT A. Grantee, defined as the primary participant and it principals, certifies by signing these 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 (1 )(b) of federal Executive Order 12549; and 4 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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 "Certificat ion Regarding Debarment, Suspension , Inel igibility and Voluntary Exclusion-Lower Tier Covered Transact ion," as follows , without modification, in all lower tier covered transact ions and in all solicitations for lower tier covered transactions : LOWER TIER COVERED TRANSACTIONS 1. The lower tier Grantee certifies , by sign ing this Grant that neither it nor its principals is presently debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded from part ic ipation in this transaction by any Federal department or agency. 2. Where the lower t ier 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 . 10. INDIRECT COSTS Grantee shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of mod ified total direct costs (MTDC) may be used . 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 Liab ility 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 cancellat ion , 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: 5 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Commercial General Liability Insurance Policy. Provide a Commercial General Liabilrty 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. PrQfessional 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 Grant. 12. NON-COMPLIANCE WITH NON-DISCRIMINATION 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. 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. 13. NON-SUPPLANTING The Grantee agrees that Grant funds will be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this Grant. 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. 6 14. POLITICAL ACTIVITIES SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Political activity of Grantee's employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 A RCW and the Federal Hatch Act, 5 USC 1501 -1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 15. POTENTIAL FRAUD , WASTE , 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, 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 .hotline@usdoj.gov: and/or (3) the DOJ OIG hotline: (800) 869-4499 (phone) or (202) 616-9881 (fax). 16. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS The Grantee must establish procurement policies and procedures in accordance with 2 C.F.R. 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. C. Minimum procedural requirements, as follows: 1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items . 2. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items . 3. Positive efforts shall be made to use small and minority-owned businesses. 4. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Grantee, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. 5. 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. 7. 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 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 8. 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. D. 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. 17. 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 Janua ry 15 , 2021 (for the performance period January 1, 2020 through December 31, 2020). The Grantee shall maintain documentation and records that support the progress report. 18. SERVICES TO LIMITED-ENGLISH-PROFICIENT (LEP ) PERSONS To ensure compliance with Title VI and the Safe Streets Act, Grantees 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. Grantees 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. 19. 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 C.F.R. Part 90. 20. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority- owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 21. VAWA 2013 NON-DISCRIMINATION PROVISION The Grantee acknowledges that 34 U.S.C. § 12291 (b)(13) prohibits recipients of OVW awards 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. The Grantee agrees that it will comply with this provision. 8 22. ORDER OF PRECEDENCE SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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 -Certification of Compliance with Federal Regulations • Attachment B -U.S. Department of Justice Certified Standard Assurances • Attachment C -Certification Form -Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements • Attachment D -Certification on Employment Eligibility; Unreasonable Restrictions; and Suitability to Interact with Minors • Attachment E -Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters • Attachment F -Scope of Work • Attachment G -Budget • General Terms and Conditions • Application for Funding as submitted and approved by COMMERCE 9 1. DEFINITIONS GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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. 8. "COMMERCE" shall mean the Department of Commerce. C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the Grantee, including any attachments, 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. "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. F. "State" shall mean the state of Washington. G. "Subgrantee" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate grant with the Grantee. The terms "subgrantee" and "subcontractors" mean subgrantee(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND 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. 8. 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 Confidentlal 10 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such . policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request , the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within twenty-four (24) hours of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this 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. 7. DISPUTES In the event that a dispute arises under this Grant, it shall be determined by a Dispute Board in the following manner: Each party to this Grant shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Grant terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto . As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 11 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. 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. 10. LICENSING , ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. 11. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 12. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 12 14. SEVERABILITY GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 15. SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee 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 Subgrantee 's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 17 . TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant , COMMERCE shall notify the Grantee in writing of the need to take corrective action . If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended . In the event of term ination 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 prov ided in this Grant are not exclusive and are in addition to any other rights and remedies provided by law. 13 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: A. Stop work under the Grant on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; . C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the exte.nt the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which the Authorized Representative has or may acquire an interest. 14 20. TREATMENT OF ASSETS GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Title to all property furnished by COMMERCE shall remain in COMMERCE . Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant , shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs . A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the Grantee under this clause shall also include Grantee's employees , agents or Subcontractors. 21 . WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 15 ATTACHMENT A CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS All OVW award recipients, and any subrecipient ("subgrantee") at any tier, must comply with the requirements below. In addition, the general terms and conditions applicable to all OVW grants and cooperative agreements are available at htt ps://www.justice.g ov/ovw/g rantees#award-conditions. These do not supersede any specific conditions in this award document. 1. Part 200 Uniform Re q uirements and DOJ Grants Financial Guide The recipient agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), and the current edition of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version that may be posted during the period of performance 2. Com pliance with DOJ Re g ulations Pertainin g to Civil Ri g hts and Nondiscrimination -28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. 3. Notification of Findin gs of Discrimination or Non-Com pliance 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 recipient, or a program partner or participant receiving contract funds, the recipient 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 recipient, and any subrecipient ("subgrantee") at any tier, shall include a statement clearly sta_ting whether or not the finding is related to any contract activity supported with a contract in which U.S. Department of Justice funds are involved, and identify all open contracts utilizing U.S. Department of Justice funding by contract number and program title. 4. Com p liance with 41 U.S.C. 4712 (includin g prohibitions on re p risal ; notice to em p lo yees ) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 5. Confidentiality and Information Sharin g The recipient agrees to comply with the provisions of 34 U.S.C. § 12291 (b)(2), non-disclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The recipient also agrees to ensure that all subrecipients ("subgrantees") at any tier meet these requirements. ATTACHMENT A 6. Restrictions on "Lobb y in g" and Polic y Develo pment In general, as a matter of federal law, federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly , in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, in order to avoid violation of 18 U.S.C . § 1913. The recipient , or any subrecipient ("subgrantee") may, however, use federal funds to collaborate with and provide information to federal , state, local , tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence , dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S .C. § 12291 (a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this Grant program. Another federal law generally prohibits federal funds awarded by OVW from being used by the recipient, or any subrecipient at any tier , to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract , or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S .C . § 1352. Certain exceptions to this law apply , including an exception that applies to Indian tribes and tribal organizations. 7. Requirements Pertainin g to Prohibited Conduct Related to Traffickin g in Persons (including reporting requirements and OVW authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, sub recipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OVW web site at htt ps://www .j ustice.g ov/ovw/award-conditions (Award Condition : Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OVW authority to terminate award)), and are incorporated by reference here. 8. General A pp ro priations -Law Restrictions on the use of Federal Funds The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes . Pertinent restrictions, for each fiscal year, are set out at htt p s://www.i ustice.gov/ovw/award-conditions (Award Condition: General appropriations-law restrictions on use of federal award funds), and are incorporated by reference here. 9. Copyrighted Works Pursuant to 2 C .F.R. 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 . OVW 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 sub recipient ("subgrantee") of this award, for federal purposes, and to authorize others to do so . In addit ion, the rec ipient (or subrecipient, contractor, or subcontractor of this award at any tier) 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. ATTACHMENT-A 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. As the duly Authorized Representative of the Grantee, I hereby certify that the Grantee (and any subgrantees) will comply with the above regulations, as applicable Pasco Police De partment Agency Name Ke11, R.osKe Title of Authorized Official II tJ'I ~0/9 Dae ATTACHMENT B U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement , I certify under penalty of perjury to the U.S . Department of Justice ("Department"), that all of the following are true and correct: 1. I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application . 2. I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institut ional ,· managerial , and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. 3. I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- A. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; B. the Applicant will require all subrecip ients to comply with all applicable award requirements and all applicable federal statutes and regulations; and C. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. 4. The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civi l rights and nond iscrimination , and , in addition -- A. the Applicant understands that the applicable statutes pertaining to civil rights will i nclude section 601 of the Civil Rights Act of 1964 (42 U .S .C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S .C. § 794); section 901 of the Education Amendments of 1972 (20 U .S.C . § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U .S.C . § 6102); B. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S .C . § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984· (34 U.S .C . § 2011 0(e)); sect ion 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S .C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S .C . § 12291(b)(13)),which w il l apply to all awards made by the Office on V iolence Against Women , also may apply to an award made otherwise ; C. the Applicant understands that it must requ ire any subrecipient to comply with all such applicable statutes (and associated regulations); and D. on behalf of the Applicant , I make the specific assurances set out in 28 C .F .R. §§ 42 .105 and 42 .204. 5. The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include , but are not limited to, 2 C .F .R. Part 2800 (the DOJ "Part 200 Uniform Requirements ") and 28 C .F .R. Parts 22 (confidentiality -research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). 0MB APPROVAL NO . 1 121-0140 EXPIRES 5/31/2019 ATTACHMENT B 6. I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). 7. I assure that the Applicant will give the Department and the Government Accountability Office, through any Authorized Representative, access to. and opportunity to examine, all paper or electronic records related to the award (if any} made by the Department based on the application. 8. I assure that, if the Applicant is a governmental entity, with respect to the award (If any) made by the Department based on the application-· A. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), 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. §§ 1501-1508 and 7324-7328, 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. 9. If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11 ), it will, to the extent practicable and consistent with applicable law-including, but not limited· to, the Indian Self- Determination and Education Assistance Act-seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11 ). I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U .S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Pasco Poljce Department Agency Name ke,1t. R.,sKt Signature of Authorized Official 0MB APPROVAL NO.1121-0140 EXPIRES 5/31/2019 Title of Authorized Official 2,())'/ Date ATTACHMENTC CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the l11structions (see below) and then complete Sectio11 A or Section B or Section C, not all three. Reci pient's Name: Pasco Police Department Address: 525 N 3RD A VE, PASCO, WA 99301 Is a gency a Direct Dor Sub recipient lll of OJP, OVW or COPS fundin g? i Law Enforcement A genc y? Yes 0 No D DUNS Number: 009974598 I Vendor Number {onlv if directrecfoient): NIA Name and Title of Contact Person: Brent Cook, Telephone Number: (509) 545-3475 I E-Mail Address: cookbl@o a sco-w a.1wv Section A-Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply: D Less than fifty employees. D Inclian tribe. D Medical Institution. D Nonprofit Organiution. • Educational Institution. D Receiving an award less than $25,000 I, [responsible officia[J, certify that [recipient] is not required to prepare an EEOP for the reason{s) checked above, pursuit to 28 C.F.R. § 42.302. I further certify that [recipient] will comply with all applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or Tvne Name and Title Signature Date Section B-Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient has fifty or more employees and is receiving a si11gle 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 certifies the following (42 C.FR. § 42.305): I, Ken Ros ia. [responsible official], certify that EtJ.J..(a Pa Ua. D.e.oa.r:.-lrrttt:J.+ [recipient] Which has fifty or more employees arid is receiving a single award for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: L?q,c,'2 if; ,t.,e. /J. I! 1212. r-f a:J. c Q -1-- [organization], , 52.S N . 3rd A ve ?as,o we 'l91'tJ) I [address]. I //JL--K!a /r.QSK(,_ ··---q,_!o ~2.Ql'3. Print or 'I'vpe Name a,rd Title r-z,,,--Sifmature ,--D e Section C-Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award or subaward of $500,000 or more, then the recipient agency must send an EEOP Short Fonn to the OCR/or review. I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has fonnulated 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. Print or Type Name and Title Signature Date ATTACHMENT 0 CERTIFICATION ON EMPLOYMENT ELIGIBILITY; UNREASONABLE RESTRICTIONS; AND SUITABILITY TO INTERACT WITH MINORS 1. Em plo yment Elig iblllty yerlflcation for Hirin g under the Award The recipient must ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) property verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. § 1324a(a)(1) and (2). The details of the recipient's obligations under this condition are posted on the OVW website at https://www.iustice.gov/ovw/award-condili ons (Award Condition: Employment eligibility verification for hiring under award), and are incorporated by reference here. 2. Unreasonable Restrictions on Com petition under the Award ; Association with Federal Government No recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an ftassociate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by DOJ. The details of the recipient's obligations under this condition are posted on the OVW website at http s://www .i ustice.g ov/ovw/award-conditions (Award Condition: Unreasonable restrictions on competition under the award; association with federal government), and are incorporated by reference here. 3. Determinat ions of Suitability to Interact with Partici pating Minors The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OW./ web site at https:l/www.justice.gov/ovw/award-conditio ns (Award condition: Determination of suitability required, In advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. As the duly Authorized Representative of the Grantee, I hereby certify the Grantee (and subcontractors, if any) will comply with the above regulations, as applicable. Pasco Police De partment Agency Name K,a &o.s Ke Signature of Authorized Official Title of Authorized Official ATTACHMENT E RESTRICTIONS AND CERTIFICATIONS REGARDING NON-DISCLOSURE AGREEMENTS AND RELATED MATTERS No recipient or sub recipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the non-disclosure of classified information. 1. In accepting this award, the recipient-- A. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above;and B. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both- A. it represents that- 1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and B. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will Immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or pennit resumption of) such obligations only if expressly authorized to do so by that agency. Pasco Police Department Agency Name Ken eru ~e Name or~ Official Signature of Authorized Official Title of Authorized Official II /tJ y J UJ )9 ofue 7 ATTACHMENT F SCOPE OF WORK January 1, 2020 through December 31, 2020 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 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/or stalking; and • ensuring that goods and services, supplies or direct costs supported by this grant program are related to issues involving adult or youth victims (ages 11 or older) of domestic violence, sexual assault, dating violence and/or stalking. Services provided must be consistent with current state and federal laws and mandates. 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 subcontractors, if applicable, shall participate at least quarterly, in the county's Coordinated Community Response Team to increase the safety of victims of domestic violence, sexual assault, dating violence and/or stalking 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 and undermine offender accountability, such as: 1. Procedures or policies that 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, income or lack of income, or the age and/or sex of their children. 2. Procedures or policies that compromise the confidentiality of information and/or privacy of persons receiving services. ATTACHMENT F 3.· Procedures or policies that require victims to take certain actions (e.g., seek an order of protection, receive counseling, participate in couples counseling or mediation, report to law enforcement, seek civil or criminal remedies) in order to receive services. 4. Procedures or policies that fail to include conducting safety planning with victims. 5. Project designs, products, services, and/or budgets that fail to account for the unique needs of individuals with disabilities, with limited English proficiency, or who are Deaf or hard of hearing, including accessibility for such individuals. The Office on Violence Against Women (OVW) does not fund activities that jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions. 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 17 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 G BUDGET January 1, 2020 through December 31, 2020 Budget STOP-Law STOP-Law Total Enforcement Enforcement (Benton County) (Franklin County) Contracted Services $18,043.00 $16,655.00 $34,698.00 Total $18,043.00 $16,655.00 $34,698.00 Match $6,014.00 $5,552.00 $11,566.00 Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA Section Manager. 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. 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. Food and Beverage Costs: The 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. 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. 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.