HomeMy WebLinkAboutR-2023-164 Resolution authorizing grant acceptance from the Washington State Community Services Divisions SFY24 Violence Against Women DVHRT Program RESOLUTION NO. R-2023-164
A RESOLUTION accepting the Washington State Department of Commerce Office of
Crime Victims Advocacy Community Services Divisions SFY24 Violence
Against Women DVHRT Program Grant.
WHEREAS, the City is committed to reducing domestic violence in the community; and
WHEREAS, the Washington State Department of Commerce Office of Crime Victims
Advocacy Community Services Divisions has funding available to support local efforts to identify
and implement domestic violence reduction strategies; and
WHEREAS, the City of Yakima, through the Yakima Police Department, in cooperation
and coordination with the City of Yakima Criminal Prosecution, Yakima County Prosecuting
Attorney, Yakima County Probation Department, and the Yakima YWCA, applied for a grant to
create a community-based coordinated response to domestic violence; and
WHEREAS, the grant award is for One Hundred Twenty-Nine Thousand, Seven
Hundred Eighty-Three Dollars ($129,783.00) and will be used for the stated purpose listed
above and as outlined in the grant application and award; and
WHEREAS, the City Council deems it to be in the best interest of the City and the
health, safety and welfare of the City's residents to accept the Washington State Department of
Commerce Office of Crime Victims Advocacy Community Services Divisions grant award hereto
and incorporated herein by this reference, as well as approving the acceptance of a grant award
provided the City is successful in this effort; Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council of the City of Yakima hereby accepts the $129,783.00 grant from the
Washington State Department of Commerce Office of Crime Victims Advocacy Community
Services Divisions as awarded and authorizes the City Manager, and/or the City Manager's
designee, to execute the grant agreement contract between the City and the United States
(Award Number 15JOVW-21-GK-04706-HOMI), as well as any other necessary documents to
accept the grant, award, and funds.
ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023.
Janice Deccio, Mayor
ATTEST:
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Rosalinda Ibarra, City Clerk /72 -
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Interagency Agreement with
Yakima Police Department
through
Office of Crime Victims Advocacy
Community Services Division
Grant Number:
S24-31114-005
For
SFY24 Violence Against Women DVHRT Program
Dated: 10/01/2023
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Table of Contents
TABLE OF CONTENTS .............................................................................................................................................. 2
FACE SHEET ............................................................................................................................................................ 3
SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 4
1.AUTHORITY ...................................................................................................................................................... 4
2.BILLING PROCEDURES AND PAYMENT ............................................................................................................. 4
3.COMPENSATION .............................................................................................................................................. 4
4.FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 5
5.GRANT MANAGEMENT .................................................................................................................................... 5
6.GRANT MODIFICATION .................................................................................................................................... 5
7.INSURANCE ...................................................................................................................................................... 5
8.REPORTING ...................................................................................................................................................... 5
9.REQUIREMENT TO REPORT BREACH OF PERSONALLY IDENTIFIABLE INFORMATION ...................................... 6
10.SUBGRANTEE DATA COLLECTION .................................................................................................................... 6
11.ORDER OF PRECEDENCE .................................................................................................................................. 6
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 7
1.DEFINITIONS .................................................................................................................................................... 7
2.ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 7
3.AMENDMENTS ................................................................................................................................................ 7
4.ASSIGNMENT ................................................................................................................................................... 7
5.CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ........................................................................... 7
6.COPYRIGHT ...................................................................................................................................................... 8
7.DISPUTES ......................................................................................................................................................... 8
8.GOVERNING LAW AND VENUE ........................................................................................................................ 9
9.INDEMNIFICATION .......................................................................................................................................... 9
10.LICENSING,ACCREDITATION AND REGISTRATION ........................................................................................... 9
11.RECAPTURE...................................................................................................................................................... 9
12.RECORDS MAINTENANCE ................................................................................................................................ 9
13.SAVINGS .......................................................................................................................................................... 9
14.SEVERABILITY ................................................................................................................................................... 9
15.SUBCONTRACTING ........................................................................................................................................ 10
16.SURVIVAL ....................................................................................................................................................... 10
17.TERMINATION FOR CAUSE............................................................................................................................. 10
18.TERMINATION FOR CONVENIENCE ................................................................................................................ 10
19.TERMINATION PROCEDURES ......................................................................................................................... 10
20.TREATMENT OF ASSETS ................................................................................................................................. 11
21.WAIVER ......................................................................................................................................................... 12
ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 13
ATTACHMENT B: BUDGET .................................................................................................................................... 15
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Face Sheet
Grant Number: S24-31114-005
Washington State Department of Commerce
Community Services Division
Office of Crime Victims Advocacy
SFY24 Violence Against Women DVHRT Program
1. Grantee
CITY OF YAKIMA
200 S THIRD ST
YAKIMA, WA 98901
3. Grantee Representative
Chad Janis
Lieutenant
chad.janis@yakimawa.gov
(509) 576-6574
5. Grant Amount
$129,783.00
2. Grantee Doing Business As (as applicable)
Yakima Police Department
4. COMMERCE Representative
Mia Davidson
Program Coordinator
(360) 725-2835
mia.davidson@commerce.wa.gov
6. Funding Source
Federal: 0 State: ® Other: 0 N/A: 0
7. Start Date
10/01/2023
PO Box 42525
98504-8304
1011 Plum Street SE
Olympia WA 98501
8. End Date
06/30/2024
9. Federal Funds (as applicable)
Federal Agency:
ALN
10. SWV #
SWV0007122-04
11. UBI #
397005272
12. UEI #
FJNNXIXFJ9K3
13. Indirect Rate
(if applicable)
10.00%
13. Grant Purpose
To provide funding in support of Domestic Violence High Risk Teams to increase support to high risk domestic violence
victims and high risk offender accountability,
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the
terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other
documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work; Attachment
"B" — Budget; and Grantee's Application for funding.
FOR GRANTEE
Bob Harrison
RESOLUTION NO:
FOR COMMERCE
uaib by:
!Anderson Assistant Director
11 /29/2023 1 10:00 AM PST
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
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Special Terms and Conditions
1. AUTHORITY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by Chapter 39.34
RCW.
2. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE at least
quarterly, but not more often than monthly.
The Grantee shall submit all requests for reimbursement via the Commerce Contracts Management
System (CMS).If unable, please submit via email to your grant manager Mia Davidson.
If required, the attachments to the invoice request in the Commerce Contract Management System
shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the
progress of the project, and fees.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition
of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Grantee must invoice for all expenses from the beginning of the Grant through June 30,
regardless of the Grant start and end date.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $129,783.00 for the performance of all things
necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work.
Grantee’s compensation for services rendered shall be in accordance with Attachment B – Budget.
Transfer of funds between line item budget categories must be approved by the Office of Crime
Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10)
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percent of the total program budget shall be subject to justification and negotiation between the
Grantee and OCVA, including approval from the Grantee’s signature authority and the relevant OCVA
Section Manager.
Payment will be on a reimbursement basis only.
Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current
state rate and in accordance with the State of Washington Office of Financial Management Travel
Regulations. Current travel rates may be accessed at:
https://ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf
4. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property
furnished under this Contract immediately or as soon as practicable to the Commerce Representative
identified on the Face Sheet.
5. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
6. GRANT MODIFICATION
Notwithstanding any provision of this Grant to the contrary, at any time during the grant period,
COMMERCE may, by written notification to the Grantee and without notice to any known guarantor
or surety, make changes within the general scope of the program activities to be performed under
this Grant. All other modifications shall not be valid unless made in writing and signed by the parties.
Any oral understandings and agreements not incorporated herein, unless made in writing and signed
by the parties hereto, shall not be binding.
Notwithstanding any provision of this Grant to the contrary, at any time during the grant period,
COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE
determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole
discretion, may unilaterally modify the Grant to reduce the balance of the grant budget. Funds de-
obligated by COMMERCE as a result of a budget reduction may be made available to other grantees
for the provision of eligible program activities.
7. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance
liability program, and shall be responsible for losses for which it is found liable.
8. REPORTING
Grantees must collect and maintain data that measure the performance and effectiveness of work
done under this grant.
The Grantee shall submit non-personally identifying demographic, service and compliance data as
determined within the planning phases of the high risk teams. The Grantee shall maintain
documentation and records that support the data reported.
The Grantee shall establish and maintain written procedures for the security of data collection,
which includes confidentiality and limited access.
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9. REQUIREMENT TO REPORT BREACH OF PERSONALLY IDENTIFIABLE
INFORMATION
The Grantee must have written procedures in place to respond in the event of an actual or imminent
breach of personally identifiable information (as defined in RCW’s 70.123.076, 5.60.060, and
70.123.075) if Grantee creates, collects, uses, processes, stores, maintains, disseminates, discloses,
or disposes of personally identifiable information within the scope of a DVLA grant-funded program
or activity.
The Grantee's breach procedures must include a requirement to report actual or imminent breach of
personally identifiable information to the authorized representative identified on the Face Sheet of this
Grant no later than twenty-four (24) hours after an occurrence of an actual breach, or the detection of
an imminent breach.
10. SUBGRANTEE DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subgrantees and the portion of
Grant funds expended for work performed by subgrantees, including but not necessarily limited to
minority-owned, woman-owned, and veteran-owned business subgrantees. “Subgrantees” shall
mean subgrantees of any tier.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Budget
SFY24 Violence Against Women DVHRT Program Application for Funding as submitted
and approved by COMMERCE
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General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing
to act on the Director’s behalf.
B. “COMMERCE” shall mean the Washington Department of Commerce.
C. “Contract” or “Agreement” or “Grant” means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but not
limited to, information that relates to a person’s name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and “Protected Health Information” under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. “State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor. The
terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as “confidential”
by COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by
COMMERCE; and
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iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent of
COMMERCE or as may be required by law. The Contractor shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Contractor against unauthorized
disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within twenty-four
(24) hours of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
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prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
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15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor’s performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
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COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
DocuSign Envelope ID: AE5AB251-9695-4601-AE0C-E493278418EA
________________________________________________________________________________________________________
Page 12 of 15
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor’s employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
DocuSign Envelope ID: AE5AB251-9695-4601-AE0C-E493278418EA
________________________________________________________________________________________________________
Page 13 of 15
Attachment A: Scope of Work
Yakima Police Department shall furnish goods and services necessary to accomplish the activities under
the SFY24 Violence Against Women DVHRT Program grant funding during the grant period.
This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or
services for the government’s direct benefit. The principle purpose of this Grant is to provide funding for
Yakima Police Department to accomplish a public purpose.
Funding from this Grant must be used to support the services outlined and approved in the SFY24
Violence Against Women DVHRT Program funding application.
Funding from this Grant must be used to support the Grantee’s domestic violence high risk team to ensure
high risk victims have increased access to support and high risk offenders are held accountable. Activities
shall include, but not be limited to:
Consistently attending team meetings to case staff high risk cases;
Meaningful participation in coordinating responses to high risk cases;
Track case management;
Support high risk victims in crisis and long term advocacy;
Utilize evidence based risk assessments for early identification of cases;
Planning and data collection;
Attending relevant trainings;
Attending TA meetings;
Reform protocols and response related to domestic violence;
Referrals to other agencies which can provide information or assistance to the client;
Take steps to incorporate DA-LE into DVHRT model.
CLIENT RECORDS
Grantee shall maintain a written file for clients who are served pursuant to this Grant and records must
comply with standards found in WAC 388-61A-1060. At a minimum, files shall:
include an risk assessment that clearly demonstrates each client’s eligibility for high risk domestic
violence services;
be brief in documenting the advocacy services provided to the client if written documentation of
services is also maintained in the client file;
document only sufficient information to identify the service provided, and not include any references
to client feelings, emotional or psychological assessments, diagnoses, or similar subjective
observations or judgments (documentation shall not include any direct quotes from the client); and
include copies of all required releases and client notices.
DocuSign Envelope ID: AE5AB251-9695-4601-AE0C-E493278418EA
________________________________________________________________________________________________________
Page 14 of 15
DATA REQUIREMENTS
1. Case demographics shall be captured on every case served by the high risk team, a report will be
generated no less than quarterly..
DELIVERABLES
1. Services – As detailed above
2. Reports – As described in Special Terms and Conditions
3. Vouchers – Must be submitted at least quarterly
PERFORMANCE MEASURES
Provision of the deliverables listed above will be measured using the following performance measures:
1. 90% of required reports will be submitted on time
2. 100% of required audits will be completed on time
DocuSign Envelope ID: AE5AB251-9695-4601-AE0C-E493278418EA
________________________________________________________________________________________________________
Page 15 of 15
Attachment B: Budget
Subgrantees $68,847.00
Consultants $38,946.00
Goods and Services $9,012.00
Indirect $12,978.00
Total $129,783.00
Transfer of funds between line item budget categories must be approved by the Office of Crime Victims
Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of
the total program budget shall be subject to justification and negotiation between the Grantee and OCVA,
including approval from the Grantee’s signature authority and the relevant OCVA Section Manager.
Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state
rate and in accordance with the State of Washington Office of Financial Management Travel Regulations.
Current rates for travel may be accessed at
https://ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf.
Any purchase over $5,000 must be pre-approved by COMMERCE.
DocuSign Envelope ID: AE5AB251-9695-4601-AE0C-E493278418EA
1
a, .
ga
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13.
For Meeting of: November 21, 2023
ITEM TITLE: Resolution authorizing grant acceptance from the Washington State
Department of Commerce Office of Crime Victims Advocacy
Community Services Divisions SFY24 Violence Against Women
DVHRT Program
SUBMITTED BY: *Chad Janis, Police Lieutenant
Matthew Murray, Chief of Police
SUMMARY EXPLANATION:
The Washington State Department of Commerce Office of Crime Victims Advocacy Community
Services Divisions has funding available to support local efforts to identify and implement
domestic violence reduction strategies. The City of Yakima, through the Yakima Police
Department, in cooperation and coordination with the City of Yakima Criminal Prosecution, Yakima
County Prosecuting Attorney, Yakima County Probation Department, and the Yakima YWCA,
applied for a grant to create a community-based coordinated response to domestic violence. The
grant award is for One Hundred Twenty-Nine Thousand, Seven Hundred Eighty-Three Dollars
($129,783.00) and will be used for the stated purpose listed above and as outlined in the grant
application and award.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D resolution 11/7/2023
❑ agreement 11/7/2023
Memorandum Of Understanding
Between The City Of Yakima, The YWCA Yakima, Aspen Victim Advocacy
Services, Yakima County Prosecution, City of Yakima Legal Prosecution Division,
Yakima Volunteer Attorney Services, and Yakima County Probation
To Collaborate And Implement A High Risk Domestic Violence Team.
WHEREAS, The City of Yakima Police Department, YWCA Yakima, Aspen Victim
Advocacy, City of Yakima Legal Prosecution Division, Volunteer Attorney Services and
Yakima County Prosecution and Probation have come together to collaborate and to
make an application for Washington State Department of Commerce Violence Against
Women Grant to support the implementation of the Domestic Violence High Risk Team
(DVHRT); and
WHEREAS, the City of Yakima and partners were successful in obtaining the DVHRT
grant; and
WHEREAS, the City of Yakima and the partners listed below have agreed that the City
of Yakima will be the recipient of the grant funds and the partners listed below will be
subrecipients of the grant funds and the City of Yakima Domestic Violence Coalition.
WHEREAS, the partners herein desire to enter into a Memorandum of Understanding
setting forth the services to be provided by the collaboration and agreement on the
subrecipient budget; and
I. Description of Partner Agencies:
YWCA Yakima: a non-profit non-governmental victim services organization
serving the City of Yakima. The YWCA Yakima provides counseling, shelter, and
transitional housing services for victims of Domestic Violence.
Aspen Victim Advocacy: a nonprofit victim services organization serving the City of
Yakima Aspen serves both primary (to whom the violence was directed) and
secondary (other concerned parties such as families & friends) victims of intimate
partner domestic violence and sexual assault. They respond to the emotional needs of
crime victims, and help them and their families stabilize their lives after victimization.
Yakima County Prosecution: represents Washington State and Yakima County in
the prosecution of criminal matters including felony level domestic violence crimes.
City of Yakima Legal Prosecution Division: represents the City of Yakima in the
prosecution of adult misdemeanor criminal matters occurring within the City of Yakima
including crimes of domestic violence.
Yakima County Probation: provides probation services to City of Yakima
probationers, including domestic violence perpetrators. Their mission is to promote
and enhance public safety. enforce court ordered sanctions. and ensure victims' rights
and involvement in the facilitation of positive behavioral change of adult probationers
Yakima Volunteer Attorney Services: a non-profit legal aid organization serving the City
of Yakima VAS has a Family Support Program to address the family law and domestic
violence needs of survivors.
I 1 of 8 DVHRT Grant Partnership Agreement
11. History of Relationship
All of the partners to this Memorandum of Understanding are involved in the City of
Yakima Domestic Violence Coalition and are members of the Coordinated
Community Response Team, addressing domestic violence, sexual assault, dating
violence, and stalking. The partners have been collaborating for the past two years
on improving the response to domestic violence in the City of Yakima with the goal of
improving victim safety and holding offenders accountable. The collaborators meet
daily to discuss emerging DV incidents and monthly to strategize with the
community. The partners agree that implementing a domestic violence high risk is a
natural progression of the group work.
III Goal of the Project
El Implement a High Risk Domestic Violence Team: to better identify those cases that
warrant more resources and develop a network to provide the resources needed in
any given situation Partners agree that they will implement their portion of the
DVHRT Project and commit to attend DVHRT meetings and trainings.
High-risk cases are monitored by a multidisciplinary team that shares case
information and implements coordinated intervention plans to mitigate the danger.
The goal of a DVHRT is to reduce Intimate Partner Homicide by both monitoring
specific high-risk cases and closing gaps in the domestic violence response system.
The DVHRT Model consists of four core components 1) early identification of the
most dangerous cases through evidence-based risk assessment; 2) increased
access to supportive services for high-risk victims; 3) increased offender monitoring
and accountability and 4) a coordinated response to high-risk cases through a
multidisciplinary team.
IV Reporting
All partners to this Memorandum of Understanding will comply with the terms and
conditions enumerated in the Interagency Agreement between the Washington State
Department of Commerce and the Yakima Police Department which is incorporated
by reference into this Memorandum of Understanding Attached B. Including the
specific reporting requirements.
V. Reimbursement for Authorized Expenses
All partners (subrecipients) agree to the final budget provided by the grantor. Attached
Exhibit A. Partners shall invoice the City of Yakima with a summary of the work
performed in accordance with the Interagency Agreement. Attached B Invoices shall
include the grant contract #S24-31114-005 and be provided to Annie Murphey,
Program Director, for approval.
There are unallocated grant funds that may be used to support High Risk DV victims
and their children. These funds are available to reimburse authorized expenses. Use
of those funds must be preapproved by the Program Director, Annie Murphey.
Receipts must be provided to receive reimbursement.
I 2 of 8 DVHRT Grant Partnership Agreement
VI. Timeline
The roles and responsibilities described above are contingent on the City of Yakima
receiving funds for the project described in the DVHRT Grant Responsibilities under
this Memorandum of Understanding coincide with the grant period, October 2023
through June 2024. Should the Grant funds be eliminated, upon receipt of notice of
elimination, the partner agrees to immediately discontinue work on the Grant project.
VII. No Liability
Each party certifies that it is self-insured and shall be responsible for losses for which
it is found liable. It is understood and agreed that each party to this Memorandum of
Understanding, its agents, officers, officials and employees, and insureds do not, by
virtue of this Memorandum of Understanding, assume any responsibility or liability
for the actions of another agency's team member.
VIII. Integration
This written document constitutes the entire agreement between the City and Partners.
There are no other oral or written agreements between the parties as to the subjects
covered herein. Any changes or extensions to this agreement must be reduced to
writing and signed by all parties.
IX. Commitment to Partnership
We, the undersigned have read and agree with this Memorandum of Understanding.
Further, we have reviewed the and approved the proposed budget and method to
obtain reimbursement.
This Agreement may be executed in multiple counterparts, including via electronic
signature, each of which will be considered a valid and binding original. Once signed,
any reproduction of this Agreement made by reliable means (e.g., photocopy,
facsimile, pdf) is considered an original.
City of Yakim (City of Yakima Legal)
Dave Zab I
yy"e-r{rThYakima City Manager
/V vl 1 1-t Date: ►73-0D%-f ‘hy
Atte • SEAL .%
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R s inda Ibarra, City lerk %.cy n ,,10�
CITY CONTRACT NO fS
RESOLUTION NO. - U
3 of 8 DVHRT Grant Partnership Agreement
•
By U
Cheri Kilty, Director
YWCA Yakima
Date ( (( f 2O
STATE OF WASHINGTON
ss
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Chen Kilty is the person who appeared before
me, and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument, and acknowledged it as the Director of YWCA Yakima. to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated. l .__--
SWY166( iC/W,
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Page ( 4 of 8 DVHRT Grant Partnership Agreement
By -
41(4.
Jodi Dal President & C O
A 'pen V' tim Services
Date 31 24.i 7t
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Jodi Daly is the person who appeared before
me, and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument, and acknowledged it as the President and CEO of Aspen
Victim Services,to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.NDated .3 4
(.- p up b-P,A,Liv
(Signature)
MELINDA K SOLLY-BRYAN Title
Notary shin . So`/��-�
State of Washington "'I
fy441
Commission#52773 Printed Name J
My Comm Expires Nov 17, 2024 My commission expires. `/
/7/ZOIr
.�3 0 15 of 8 DVHRT Grant Partnership Agreement
Date i
Cl Ivv [ "
STATE OF WASHINGTON
)ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Quinn Dalan is the person who appeared
before me, and said person acknowledged that she signed this instrument, on oath stated that she
was authorized to execute the instrument, and acknowledged it as the Director of Yakima Volunteer
Attorney Services, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.0
Dated' 1 1 ! t \ ` I 19-0 2`\
WG`
(Signature)
\`.NN\\\"%111111 Title
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By
Joseph Brusic
Yakima County Prosecutor
Page 16of 8 DVHRTGrant Partnership Agreement
By
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J ru Jos
Yakima County Prosecutor
Date D..Z9— o2j
STATE OF WASHINGTON )
ss
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Joseph Brusic is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument, and acknowledged it as the Yakima County Prosecutor,
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: CD' -2 ci -ZOZ,-4
, L....._ cA,...). ,--, s---------
(Signature)
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f- , _ 17 of 8 DVHRT Grant Partnership Agreement
By kIfi,
r�.:;1 A £-1 s.tAr l: ,1:
Alfred G. Schweppe t
Presiding Judge
Yakima County District Court
Date _.di`i /1.-0 ti
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Alfred G. Schweppe is the person who
appeared before me,and said person acknowledged that she signed this instrument, on oath stated
that she was authorized to execute the instrument,and acknowledged it as the District Court Judge,
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument. /wi'-i
Dated: /2-'i ,
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cc: Agencies and Interested Parties
Page 18 of 8 DVHRT Grant Partnership Agreement
YWCA Yakima
Advocate Salaries $35,087.60/ 12 months x 9 months x .75 FTE $ 19,736.78
Advocate Benefits $35,087.60 x 9%/ 12 months x 9 months x .75 FTE $ 1,776.31
Meeting attendance Time at DVHRT meetings: $50/hour x 80 $ 4,000.00
Mileage $0.655/mile x 25 miles/month x 9 months $ 147.38
Attorney Time $100/hr x 10hr/month x 9 month $ 9,000.00
Supplies $50/month x 9 months $ 450.00
Emergency Financial Assistance $50 gas/food card x 15/month x 9 months $ 11,500.00
Advocate laptop $ 1,500.00
$ 48,110.47
Aspen Victim Advocacy Services
Meeting attendance Time at DVHRT meetings: $50/hour x 80 $ 4,000.00
Mileage $0.655/mile x 25 miles/month x 9 months $ 147.38
$ 4,147.38
SANE Nurses
Meeting attendance Time at DVHRT meetings: $50/hour x 80 $ 4,000.00
Mileage $0.655/mile x 25 miles/month x 9 months $ 147.38
$ 4,147.38
Victim Services subtotal $ 56,405.23
Yakima City Prosecution Division
Meeting attendance Time at DVHRT meetings: $50/hour x 80 $ 4,000.00
Mileage $0.655/mile x 25 miles/month x 9 months $ 147.38
$ 4,147.38
Yakima County Prosecutor's Office
Meeting attendance Time at DVHRT meetings: $50/hour x 80 $ 4,000.00
Mileage $0.655/mile x 25 miles/month x 9 months $ 147.38
$ 4,147.38
Prosecution subtotal $ 8,294.76
Yakima County Probation Department
Meeting attendance Time at DVHRT meetings: $50/hour x 80 $ 4,000.00
Mileage $0.655/mile x 25 miles/month x 9 months $ 147.38
$ 4,147.38
Law Enforcement subtotal $ 4,147.33
Subgrantee total $ 1 , $7
Fxh;b f 4,
.. Washington State
Department of
v40 Commerce
Interagency Agreement with
Yakima Police Department
through
Office of Crime Victims Advocacy
Community Services Division
Grant Number:
S24-31114-005
For
SFY24 Violence Against Women DVHRT Program
Dated: 10/01/2023
fist('ommerc�
Face Sheet
Grant Number: S24-31114-005
Washington State Department of Commerce
Community Services Division
Office of Crime Victims Advocacy
SFY24 Violence Against Women DVHRT Program
1. Grantee 2. Grantee Doing Business As (as applicable)
CITY OF YAKIMA Yakima Police Department
200 S THIRD ST
YAKIMA, WA 98901
3. Grantee Representative 4. COMMERCE Representative
Chad Janis Mia Davidson PO Box 42525
Lieutenant Program Coordinator 98504-8304
chad.janis@yakimawa.gov (360) 725-2835
(509) 576-6574 mia.davidson@commerce.wa.gov 1011 Plum Street SE
Olympia WA 98501
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$129,783.00 Federal. ❑ State X Other D N/A ❑ 10/01/2023 06/30/2024
9. Federal Funds (as applicable) Federal Agency: ALN
10. SWV# 11. UBI # 12. UEI # 13. Indirect Rate
(if applicable)
5WV0007122-04 397005272 FJNNX1XFJ9K3 10 00%
13. Grant Purpose
To provide funding in support of Domestic Violence High Risk Teams to increase support to high risk domestic violence
victims and high risk offender accountability
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the
terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year
referenced above The rights and obligations of both parties to this Grant are governed by this Grant and the following other
documents incorporated by reference. Grant Terms and Conditions including Attachment"A"—Scope of Work;Attachment
"B"—Budget; and Grantee's Application for funding
FOR GRANTEE FOR COMMERCE
Name, Title Cindy Guertin-Anderson, Assistant Director
Signature Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
Date APPROVAL ON FILE
Page 3 of 15
!4 ( ��mme ec
percent of the total program budget shall be subject to justification and negotiation between the
Grantee and OCVA, including approval from the Grantee's signature authority and the relevant OCVA
Section Manager
Payment will be on a reimbursement basis only.
Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current
state rate and in accordance with the State of Washington Office of Financial Management Travel
Regulations. Current travel rates may be accessed at.
https//ofm wa govlsitesidefaultifilesipublic/resources/travel/colormap pdf
4. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property
furnished under this Contract immediately or as soon as practicable to the Commerce Representative
identified on the Face Sheet.
5. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Grant
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant
6. GRANT MODIFICATION
Notwithstanding any provision of this Grant to the contrary, at any time during the grant period,
COMMERCE may, by written notification to the Grantee and without notice to any known guarantor
or surety, make changes within the general scope of the program activities to be performed under
this Grant. All other modifications shall not be valid unless made in writing and signed by the parties
Any oral understandings and agreements not incorporated herein, unless made in writing and signed
by the parties hereto, shall not be binding.
Notwithstanding any provision of this Grant to the contrary, at any time during the grant period,
COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE
determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole
discretion, may unilaterally modify the Grant to reduce the balance of the grant budget. Funds de-
obligated by COMMERCE as a result of a budget reduction may be made available to other grantees
for the provision of eligible program activities.
7. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance
liability program, and shall be responsible for losses for which it is found liable
8. REPORTING
Grantees must collect and maintain data that measure the performance and effectiveness of work
done under this grant
The Grantee shall submit non-personally identifying demographic, service and compliance data as
determined within the planning phases of the high risk teams. The Grantee shall maintain
documentation and records that support the data reported.
The Grantee shall establish and maintain written procedures for the security of data collection,
which includes confidentiality and limited access.
Page 5 of 15
v4i►! ()i llf 1'(C
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below.
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing
to act on the Director's behalf.
B. "COMMERCE" shall mean the Washington Department of Commerce
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor"shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as"confidential"
by COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by
COMMERCE, and
Page 7 of 15
♦ 3I
!ii Commerce
c
prevailing.The determination of the Dispute Board shall be final and binding on the parties hereto As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17 330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment
At no additional cost,these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the"Termination for Convenience"clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract
Page 9 of 15
D- i _,f
V41"femme 1 rc
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE Failure to agree
with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall.
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated,
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights,title,and interest of the Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts,
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause,
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE,
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative, and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or(ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
Page 11 of 15
dtf
140 Conim('ree
Attachment A: Scope of Work
Yakima Police Department shall furnish goods and services necessary to accomplish the activities under
the SFY24 Violence Against Women DVHRT Program grant funding during the grant period.
This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or
services for the government's direct benefit. The principle purpose of this Grant is to provide funding for
Yakima Police Department to accomplish a public purpose
Funding from this Grant must be used to support the services outlined and approved in the SFY24
Violence Against Women DVHRT Program funding application
Funding from this Grant must be used to support the Grantee's domestic violence high risk team to ensure
high risk victims have increased access to support and high risk offenders are held accountable. Activities
shall include, but not be limited to
• Consistently attending team meetings to case staff high risk cases;
• Meaningful participation in coordinating responses to high risk cases;
• Track case management,
• Support high risk victims in crisis and long term advocacy;
• Utilize evidence based risk assessments for early identification of cases,
• Planning and data collection,
• Attending relevant trainings;
• Attending TA meetings,
• Reform protocols and response related to domestic violence;
• Referrals to other agencies which can provide information or assistance to the client;
• Take steps to incorporate DA-LE into DVHRT model
CLIENT RECORDS
Grantee shall maintain a written file for clients who are served pursuant to this Grant and records must
comply with standards found in WAC 388-61A-1060 At a minimum,files shall
• include an risk assessment that clearly demonstrates each client's eligibility for high risk domestic
violence services;
• be brief in documenting the advocacy services provided to the client if written documentation of
services is also maintained in the client file;
• document only sufficient information to identify the service provided, and not include any references
to client feelings, emotional or psychological assessments, diagnoses, or similar subjective
observations or judgments (documentation shall not include any direct quotes from the client); and
• include copies of all required releases and client notices.
Page 13 of 15
%cif('ommerc
Attachment B: Budget
Subgrantees $68,847.00
Consultants $38,946.00
Goods and Services $9,012.00
Indirect $12,978 00
Total $129,783.00
Transfer of funds between line item budget categories must be approved by the Office of Crime Victims
Advocacy(OCVA) program staff A cumulative amount of these transfers exceeding ten (10) percent of
the total program budget shall be subject to justification and negotiation between the Grantee and OCVA,
including approval from the Grantee's signature authority and the relevant OCVA Section Manager.
Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state
rate and in accordance with the State of Washington Office of Financial Management Travel Regulations.
Current rates for travel may be accessed at
https//of m wa govisitesidefaultifilesipublic;resources travelrcolormap pdf.
Any purchase over$5,000 must be pre-approved by COMMERCE
Page 15 of 15
Sub-totals
Subgrantees
VS $ 56,405
Prosecution $ 8,295
Law enforcement $ 4,147
$ 68,847
Consultants $ 38,946
Goods/Services
Mileage for DVHRT $ 295
Supplies $ 450
Travel $ 3,052
Training/Certification Costs $ 4,000
Tech Support $ 1,215
$ 9,012
SUBTOTAL $ 116,805
MTDC (at 10% direct cost) $ 12,978
TOTAL I $ 129,783
$ 19,736.78
$ 1,776.31
$ 4,000.00
$ 147.38
$ 9,000.00
$ 450.00
$ 11,500.00
$ 1,500.00
$ 48,110.47
$ 4,000.00
$ 147.38
$ 4,147.38
$ 4,000.00
$ 147.38
$ 4,147.38
$ 56,405.23
$ 4,000.00
$ 147.38
$ 4,147.38
$ 4,000.00
$ 147.38
$ 4,147.38
$ 8,Z94T6
$ 4,000.00
$ 147.38
$ 4,147.38
$ 047.38