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HomeMy WebLinkAbout10/01/2024 07.I. Resolution authorizing the City Manager to accept a $353,998 Office on Violence Against Women (OVW) Enhancing Investigation and Prosecution of Domestic Violence (DV), Dating Violence, Sexual Assault, and Stalking Initiative Grant o . :1 > i4 _44iiilli i,i 00 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.1. For Meeting of: October 1, 2024 ITEM TITLE: Resolution authorizing the City Manager to accept a $353,998 Office on Violence Against Women (OVW) Enhancing Investigation and Prosecution of Domestic Violence (DV), Dating Violence, Sexual Assault, and Stalking Initiative Grant by signing the Award Acceptance Agreement SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: The City of Yakima Legal Department Prosecution Division Family and Community Violence Unit prosecutes crimes of domestic violence, sexual assault, and stalking crimes and works cooperatively with the County Prosecutor and victim service providers including the YWCA to improve the response to domestic violence crimes in the City of Yakima. The City Council budgeted one DV Victim Advocacy Coordinator position, and then in 2021 funded a second position with ARPA funds. The ARPA funded Victim Advocacy Coordinator accepted a permanent position and due to the remaining fund time (6 months) the Legal Department was unable to fill the position. The funds have since expired. This is one of the challenges of grant funded positions, while it is great to have the position funded from an outside source, the funds are limited in time and the employee filling the grant funded position will typically seek the security of a permanent position, especially towards the end of the grant period. Our hope is that the position will eventually be funded in the budget to secure consistency in the work. The City Legal Department prosecutes approximately 850 intimate partner DV (IPDV) cases a year and the workload is too much for one person. This position requires special training, and a special skill set. The DV Victim Advocacy Coordinator explains the legal system to victims, provides a warm hand off to service providers, keeps victims up to date on the case status, arranges victim defense interviews, supports the victim through the interview, and accompanies the victim to court. These positions are bilingual to serve the many monolingual Spanish speaking victims. One DV Victim Advocacy Coordinator spends her time responding to IPDV victims, rather than reaching out to support victims which is the best model for prosecution success and victim safety. Supporting IPDV victims during the prosecution effort and referring them to the services they need is critical to keeping the victim engaged and safe. There are also gaps in service when the one DV Advocacy Coordinator is sick, on vacation, in training, has an appointment, or is busy helping a victim. The Legal Department applied for the Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Initiative Grant to fund a second DV Victim Advocacy Coordinator position and other enhancements to our DV victim support, support of stalking, and sexual assault victims and the prosecution efforts of these crimes. The Yakima YWCA is our DV service provider partner required in the grant and will be supporting the grant by providing training to the DV 74 Advocacy Coordinator and officer training in the future. Our grant request was accepted in the amount of $353,998, over a three-year period beginning October 1, 2024. If Council approves the acceptance of the award, once the funds are received or available, the Legal Department will begin the hiring process and mapping out the other enhancements described in our grant applications. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Res_OVW Grant Acceptance.docx OVW Award Acceptance.pdf 75 RESOLUTION NO. R-2024- A RESOLUTION authorizing the City Manager to accept a $353,998 Office on Violence Against Women (OVW) Enhancing Investigation and Prosecution of Domestic Violence (DV), Dating Violence, Sexual Assault, and Stalking Initiative Grant by signing the Award Acceptance Agreement. WHEREAS, the City of Yakima Legal Department Family and Community Violence Unit prosecutes crimes of domestic violence, sexual assault, and stalking crimes and works cooperatively with the County Prosecutor and victim service providers including the YWCA to improve the response to domestic violence crimes in the City of Yakima; and, WHEREAS, in 2019, the Yakima City Council budgeted one DV Victim Advocacy Coordinator position, and then in 2021 funded a second position with AARPA funds; and, WHEREAS, when the AARPA funds expired, it became apparent that the workload was too high for one DV Victim Advocacy Coordinator and because there was only one employee doing the work, there were gaps in services; and, WHEREAS, the Legal Department applied for the Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Initiative Grant to fund a second DV Victim Advocacy Coordinator and other enhancements to our DV victim support and prosecution; and, WHEREAS, the YWCA Yakima agreed to be the City of Yakima DV service partner required by the grant and a future resolution to authorize that agreement will come before Council at a later date; and, WHEREAS, the City Council finds it to be in the best interest of the City to accept the OVW Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Initiative Grant award; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Award Acceptance Agreement for the Office on Violence Against Women Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Initiative Grant. ADOPTED BY THE CITY COUNCIL this 1st day of October, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 76 Department of Justice (DOJ) p . Office on Violence Against Women(OVW) Washington, D.C. 20531 Name and Address of Recipient: CITY OF YAKIMA 129 N 2ND ST City, State and Zip: YAKIMA, WA 98901 Recipient UEI: FJNNX1XFJ9K3 Project Title: OVW 2024 Enhancing Award Number: 15JOVW-24-GG-01512-POLP Investigations and Prosecution Solicitation Title: OVW Fiscal Year 2024 Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (EIP) Initiative f Federal Award Amount: $353,998.00 'Federal Award Date. 9/13/24 Awarding Agency: Office on Violence Against Women Funding Instrument Type: Grant Assistance Listing: 16.590- Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program Project Period Start Date: 10/1/24 Project Period End Date: 9/30/27 Budget Period Start Date: 10/1/24 Budget Period End Date: 9/30/27 Project Description: The Enhancing Investigations and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (EIP) encourages law enforcement agencies and/or prosecutors' offices to expand and improve their capacity to effectively investigate and/or prosecute domestic violence, dating violence, sexual assault, and stalking, and in so doing, support victim safety and autonomy, hold offenders accountable, and promote agency trust within the surrounding community. Enhancing Investigations and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (EIP) project by the City of Yakima, Washington, in partnership with the SafeHouse Center, to be implemented in the City of Yakima, addresses EIP purpose areas: 1, 2, 3, 4, 5, 6, and 7. Additionally, this project addresses OVW Priority Area 1: Access to Justice and Priority Area 2: Services to Sexual Assault Survivors. Specific activities include: 1)support for a victim advocate; 2) identification of high risk cases with referrals to the Domestic Violence High Risk Team; 3) improvement in resources for victims of domestic violence and sexual assault; and 4)training for officers and prosecutors to recognize and address bias about victims of domestic violence. Page: 1 of 18 77 Award Letter [September 13, 2024 ,Dear ROSYLEN OGLESBY, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office on Violence Against Women (OVW) has approved the application submitted by CITY OF YAKIMA for an award under the funding opportunity entitled 2024 OVW Fiscal Year 2024 Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (EIP) Initiative. The approved award amount is $353,998. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer(Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. ;Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important !matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OVW, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Rosemarie Hidalgo Director Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal .civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW). Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients)to give assurances that they will comply with those ;laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of 'services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in 'the provision of services on the bases of age. Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs. Page: 2 of 18 78 OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations. Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner. For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.oip.govtprogram/civil-rights-officetoutreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCRAo jp.usdoi.gov or www.ojp.govlprogram/civil-rights-office/about#ocr-contacts. Memorandum Regarding NEPA NEPA Letter Type OVVV—Categorical Exclusion -No Renovations Allowed NEPA Letter Renovations and construction are unallowable under this grant, and therefore none of the following activities will be conducted under the OVW federal action (i.e., the OVW-funded grant project) or a related third-party action: 1. New construction. 2. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property(a) listed on or eligible for listing on the National Register of Historic Places, or(b) located within a 100-year flood plain, a wetland, or habitat for an endangered species. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. In addition, the OVW federal action is neither a phase nor a segment of a project that, when reviewed in its entirety, would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets the Office on Violence Against Women's criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations (adopted by OVW at 28 CFR § 0.122(b)). Also, no further analysis is required under the National Historic Preservation Act or other related statutes and regulations. NEPA Coordinator First Name Last Name Middle Name Debra Murphy Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CITY OF YAKIMA Page: 3 of 18 79 UEI FJNNXI XFJ9K3 Street 1 129 N 2ND ST Street 2 City State/U.S. Territory YAKIMA Washington Zip/Postal Code Country 98901 United States County/Parish Province Award Details Federal Award Date Award Type 9/13/24 Initial Award Number Supplement Number 15JOVW-24-GG-01512-POLP 00 Federal Award Amount Funding Instrument Type $353,998.00 Grant Assistance Listing Assistance Listings Program Title Number 16.590 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program Statutory Authority Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, 136 Stat. 4459, 4530-31 (2022) [] I have read and understand the information presented in this section of the Federal Award Instrument. Project Information 'This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency OVW 2024 OVW Fiscal Year 2024 Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (EIP) Initiative Application Number GRANT14130271 Page: 4 of 18 80 Grant Manager Name AISHA BATTLE Phone Number 202-532-3444 E-mail Address Aisha.Battle@usdoj.gov Project Title OVW 2024 Enhancing Investigations and Prosecution Performance Period Start Date Performance Period End Date 10/01/2024 09/30/2027 Budget Period Start Date Budget Period End Date 10/01/2024 09/30/2027 Project Description The Enhancing Investigations and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (EIP) encourages law enforcement agencies and/or prosecutors' offices to expand and improve their capacity to effectively investigate and/or prosecute domestic violence, dating violence, sexual assault, and stalking, and in so doing, support victim safety and autonomy, hold offenders accountable, and promote agency trust within the surrounding community. Enhancing Investigations and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (EIP) project by the City of Yakima, Washington, in partnership with the SafeHouse Center, to be implemented in the City of Yakima, addresses EIP purpose areas: 1, 2, 3, 4, 5, 6, and 7. Additionally, this project addresses OVW Priority Area 1: Access to Justice and Priority Area 2: Services to Sexual Assault Survivors. Specific activities include: 1) support for a victim advocate; 2) identification of high risk cases with referrals to the Domestic Violence High Risk Team; 3) improvement in resources for victims of domestic violence and sexual assault; and 4)training for officers and prosecutors to recognize and address bias about victims of domestic violence. [ 1 /have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. The recipient budget is currently under review. [j /have read and understand the information presented in this section of the Federal Award Instrument. Other Award Documents [j Page: 5 of 18 81 I have read and understand the information presented in this section of the Federal Award Instrument. No other award documents have been added. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with any one or more of these award requirements --whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period - - may result in the Office on Violence Against Women (OVW)taking appropriate action with respect to the recipient and the award. Among other things, OVW may withhold award funds, disallow costs, or suspend or terminate the award. The U.S. Department of Justice (DOJ), including OVW, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or-unenforceable, such provision shall be deemed severable from this award 2 Applicability of Part 200 Uniform Requirements 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. The recipient also agrees that all financial records pertinent to this award, including the general accounting ledger and all supporting documents, are subject to agency review throughout the life of the award, during the close-out process, and for three years after submission of the final Federal Financial Report (SF-425) or as long as the records are retained, whichever is longer, pursuant to 2 C.F.R. 200.334, 200.337. 3 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal Page: 6 of 18 82 funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify OVW in writing of the potential duplication, and, if so requested by OVW, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM)to eliminate any inappropriate duplication of funding. 4 Requirements related to System for Award Management and unique entity identifiers The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently laccessible at https://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining current information in SAM. The recipient also must comply with applicable restrictions on subawards (subgrants)to first-tier subrecipients (subgrantees), including restrictions on subawards to entities that do not acquire and provide (to the recipient)the unique entity identifier assigned by SAM. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OVW website 'at https://www.justice.gov/ovw/award-conditions (titled "Award Condition: Requirements related to System for Award Management (SAM) and unique entity identifiers") and are incorporated by reference here. 5 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any subrecipient at any tier) must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.1)within the scope of an OVW grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OVW Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 6 Requirements pertaining to prohibited conduct related to trafficking 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, subrecipients (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 website at https://www.justice.gov/ovw/award-conditions (titled "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. 7 Determinations of suitability to interact with participating minors This condition applies to this award if it is indicated in the application for the award (as approved by DOJ) (or in the application for any subaward at any tier), the DOJ funding announcement (solicitation), or an associated federal statute that a purpose of some or all of the activities to be carried out under the award (whether by the recipient or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (titled "Award Page: 7 of 18 83 condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors") and are incorporated by reference here. 8 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears on the OVW website at https://www.justice.gov/ovw/conference-planning. 9 OVW Training Guiding Principles The recipient 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.justice.gov/sites/default/files/ovw/legacy/2012/06/28/ovw-training-guiding-principles-grantees- subgrantees.pdf. 10 'Effect of failure to address audit issues The recipient understands and agrees that OVW may withhold award funds, or may impose other related requirements, if(as determined by OVW)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 11 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by OVW during the period of performance for this award, if the recipient is designated as "high-risk"for purposes of the DOJ high-risk grantee list. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 42 The recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 38 The recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (amended effective April 3, 2024). 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 relate to engaging in or conducting explicitly religious activities and requires that recipients and subrecipients that are social service providers provide written notice to beneficiaries or prospective beneficiaries of certain protections as described in 28 C.F.R. 38.6(b). Page: 8 of 18 84 14 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 54 The recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 15 Restrictions on "lobbying" and policy development 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. lAnother 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. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient)would or might fall within the scope of these prohibitions, the recipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OVW. 16 Compliance with general appropriations-law restrictions on the use of federal funds for this fiscal year 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 https:// www.justice.gov/ovw/award-conditions (titled "Award Condition: General appropriations-law restrictions on use of federal award funds") and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient)would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OVW. 17 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients (subgrantees) must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or(2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/grant-complaint (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at(202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. Page: 9 of 18 85 18 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient (subgrantee) under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards (subgrants), procurement contracts, or both-- a. it represents that-- (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 h. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 19 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Page: 10 of 18 86 Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact OVW for guidance. 20 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. '51225 (October 1, 2009), DOJ encourages recipients and subrecipients (subgrantees)to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 21 Requirement to disclose whether recipient is designated high risk by a federal grant-making agency outside of DOJ If the recipient is designated high risk by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related 'information to OVW by email to OVW.GFMD@usdoj.gov. For purposes of this disclosure, high risk includes any status ;under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: (1)the federal awarding agency that currently designates the recipient high risk; (2)the date the recipient was designated high risk; (3)the high-risk point of contact at that federal awarding agency (name, phone number, and email address); and (4)the reasons for the high-risk status, as set out by the federal awarding agency. 22 Availability of general terms and conditions on OVW website The recipient agrees to follow the applicable set of general terms and conditions that are available at https:// www.justice.gov/ovw/award-conditions. These do not supersede any specific conditions in this award document. 23 Compliance with statutory and regulatory requirements The recipient 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, the Violence Against Women Act of 2000, P.L. 106-386, 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, the Violence Against Women Act Reauthorization Act of 2022, P.L. 117-103, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. 24 Compliance with solicitation requirements The recipient agrees that it must be in compliance with requirements outlined in the solicitation under which the approved application was submitted, the applicable Solicitation Companion Guide, and any program-specific frequently asked questions (FAQs) on the OVW website (https://www.justice.gov/ovw/resources-and-faqs-grantees). The program solicitation, Companion Guide, and any program-specific FAQs are hereby incorporated by reference into this award. 25 VAWA 2013 nondiscrimination condition The recipient 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 OVW. Page: 11 of 18 87 Recipients may provide sex-segregated or sex-specific programming if doing so is necessary to the essential operations of the program, so long as the recipient provides comparable services to those who cannot be provided with the sex-segregated or sex-specific programming. The recipient agrees that it will comply with this provision. The recipient also agrees to ensure that any subrecipients (subgrantees) at any tier will comply with this provision. 26 Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 27 Limitation on use of funds to approved activities The recipient agrees that grant funds will be used only for the purposes described in the recipient's application, unless OVW determines that any of these activities are out of scope or unallowable. The recipient must not undertake any work or activities that are not described in the recipient's application, award documents, or approved budget, and must not use staff, equipment, or other goods or services paid for with grant funds for such work or activities, without prior written approval, via Grant Award Modification (GAM), from OVW. 128 ,Non-supplantation ,The recipient agrees that grant funds will be used to supplement, not supplant, non-federal funds that would otherwise ibe available for the activities under this grant. '29 Confidentiality and information sharing The recipient agrees to comply with the provisions of 34 U.S.C. 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The recipient also agrees to comply with the regulations implementing this provision at 28 CFR 90.4(b)and "Frequently Asked Questions (FAQs) on the VAWA Confidentiality Provision (34 U.S.C. 12291(b) (2))" on the OVW website at https://www.justice.gov/ovw/resources-and-faqs-grantees. The recipient also agrees to ensure that all subrecipients (subgrantees) at any tier meet these requirements. 30 ,Activities that compromise victim safety and recovery or undermine offender accountability The recipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: 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, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation or companion guide under which the application was submitted. 31 Policy for response to workplace-related incidents of sexual misconduct, domestic violence, and dating violence Page: 12 of 18 88 The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within 270 days of the award date, to address workplace-related incidents of sexual misconduct, domestic violence, and dating violence involving an employee, volunteer, consultant, or contractor. The details of this requirement are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (titled "Award Condition: Policy for response to workplace-related sexual misconduct, domestic violence, and dating violence") and are incorporated by reference here. 32 Termination or suspension The Director of OVW, upon a finding that there (1) has been substantial failure by the recipient to comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant solicitation, (2) has been failure by the recipient to make satisfactory progress toward the goals, objectives, or strategies set forth in the application, or (3) have been project changes proposed or implemented by the recipient to the extent that, if originally submitted, the application would not have been selected for funding, will terminate or suspend until the Director is satisfied that there is no longer such failure or changes, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. The federal regulation providing uniform rules for termination of grants and cooperative agreements is 2 C.F.R. 200.340. 33 Semiannual and final performance progress report submission The recipient agrees to submit semiannual performance progress reports that describe activities conducted during the reporting period, including program effectiveness measures. Reports must be submitted throughout the project period, even if no funds were spent and no activities were conducted in a given reporting period. Delinquent reports may affect future discretionary award decisions and may lead to suspension and/or termination of the award. The information that must be collected and reported to OVW can be found in the reporting form associated with the grant program or initiative under which this award was made. Performance progress reports must be submitted within 30 days after the end of the reporting periods, which are January 1 - June 30 and July 1 - December 31. Recipients are required to submit their reports through the Justice Grants System, unless and until OVW issues updated instructions for report submission. The final report is due 90 days after the end of the project period and should be marked "final" in the Report Type field. 34 Quarterly Federal Financial Reports The recipient agrees that it will submit quarterly Federal Financial Reports (SF-425)to OVW in the Justice Grants System, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 120 days following the end of the award period. Delinquent reports may affect future discretionary award decisions and may lead to suspension and/or termination of the award. 35 Program income Program income, as defined by 2 C.F.R. 200.1, means gross income earned by the non-federal entity that is directly generated by a supported activity or earned as a result of the federal award during the period of performance. Without prior approval from OVW, program income must be deducted from total allowable costs to determine the net allowable costs. In order to add program income to the OVW award, the recipient must seek approval from its program manager via a budget modification Grant Award Modification (GAM) prior to generating any program income. Any program income added to the federal award must be used to support activities that were approved in the budget and follow the conditions of the OVW award. Any program income approved via budget modification GAM must be reported in the recipient's quarterly Federal Financial Report SF-425 in accordance with the addition alternative. If the program income amount changes (increases or decreases) during the project period, it must be approved via a budget modification GAM by the end of the project period. If the budget modification is not submitted and approved, it could result in audit findings for the recipient. Page: 13 of 18 89 36 FFATA reporting subawards and executive compensation The recipient agrees to comply with applicable requirements to report first-tier subawards (subgrants) of$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the Federal Funding Accountability and Transparency Act of 2006 (FFATA) Subaward Reporting System (FSRS). The details of recipient obligations, which derive from FFATA, are posted on the OVW website at https://www.justice.gov/ovw/award- conditions (titled "Award Condition: Reporting Subawards and Executive Compensation") and are incorporated by reference here. 37 Changes to MOU and/or IMOA The recipient agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding and, if applicable, the Internal Memorandum of Agreement. 38 Submission of all materials and publications The recipient agrees to submit to OVW one copy of all materials and publications (written, web-based, audio-visual, or any other format)that are funded under this award not less than twenty days prior to distribution or public release. If the materials are found to be outside the scope of the program, or in some way to compromise victim safety, the recipient will need to revise the materials to address these concerns or the recipient will not be allowed to use award funds to support the development or distribution of the materials. 39 Publication disclaimer The recipient agrees that all materials and publications (written, web-based, audio-visual, or any other format) resulting from award activities shall contain the following statement: "This project was supported by Grant No. awarded by the Office on Violence Against Women, U.S. Department of Justice. 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 U.S. Department of Justice." The recipient also agrees to ensure that any subrecipient at any tier will comply with this condition. 40 Copyrighted works Pursuant to 2 C.F.R. 200.315 b , the recipient maycopyright work that is to copyright and was developed, ( ) Pany subjectP or for which ownership was acquired, under this award. OVW 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 subrecipient (subgrantee) of this award, for federal purposes, and to authorize others to do so. In addition, the recipient(or subrecipient, contractor, or subcontractor of this award at any tier) must obtain advance written approval from the OVW program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval, before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. It is the responsibility of the recipient (and of each subrecipient, contractor, or subcontractor as applicable)to ensure Page: 14 of 18 90 that this condition is included in any subaward, contract, or subcontract under this award. 41 Grantee orientation - mandatory attendance First-time recipients, or continuation recipients if requested, must agree to have key staff members, as identified by OVW, attend the OVW grantee orientation seminar, which may be offered in-person, online, or a combination of both. Additionally, if there is a change in the project director/coordinator during the grant period, the recipient agrees, at the earliest opportunity, to send the new project director/coordinator, regardless of prior experience with this or any other federal award, to an in-person OVW grantee orientation seminar or require completion of the orientation online, whichever is available. 42 Prior approval for non-OVW sponsored technical assistance The recipient agrees that funds allocated for OVW-sponsored technical assistance may not be used for any other purpose without prior approval by OVW. To request approval, the recipient must submit a copy of the event's brochure, a curriculum and/or agenda, a description of the hosts or trainers, and an estimated breakdown of costs. The request must be submitted to OVW at least 20 days prior to registering for the event. Requests to attend non-OVW sponsored events will be considered on a case-by-case basis. This prior approval process also applies to requests for the use of IOVW-designated technical assistance funds to pay a consultant or contractor not designated as an OVW technical lassistance provider to develop and/or provide training and/or technical assistance. 43 Participation in OVW-sponsored technical assistance The recipient agrees to attend and participate in OVW-sponsored technical assistance. Technical assistance includes, but is not limited to, national and regional conferences, audio conferences, webinars, peer-to-peer consultations, and !workshops conducted by OVW-designated technical assistance providers. 44 !Consultant compensation rates The recipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, recipients must submit to OVW a detailed justification and have such justification approved by OVW, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of$81.25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, recipients are required to maintain documentation to support all daily or hourly consultant rates. 45 1Prohibition of use of funds for victim services The recipient may not use funds to provide or support direct services to victims.This includes services provided by "victim service providers," as defined by 34 U.S.C.§ 12991(b)(50) (nongovernmental/nonprofit organizations, coalitions, and rape crisis centers); "victim advocates,"as defined by 34 U.S.C. § 12991(b)(48)(individuals working for a victim services program); and "victim assistants,"as defined by 34 U.S.C. § 12991(b)(49) (individuals working for a law enforcement or prosecution agency, including the recipient). 46 Indirect costs The recipient may not obligate, expend, or draw down any award funds for indirect costs, unless and until either(1)the recipient submits to OVW a current, federally-approved indirect cost rate agreement, or(2)the recipient determines Page: 15 of 18 91 that it is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 'C.F.R. 200.414(f), and advises OVW in writing of both its eligibility and its election. 47 Conditional clearance with release of technical assistance funds The recipient acknowledges that the budget for this award is pending review and approval. Until OVW approves the budget, any obligations or expenditures incurred by the recipient are made at the recipient's own risk. The recipient may obligate, expend, or draw down up to $10,000 for participation in or travel-related expenses to attend OVW- sponsored technical assistance events, but these obligations and expenditures remain at the recipient's own risk until the budget is approved. Remaining funds will not be available for drawdown until OVW's Grants Financial Management Division has approved the budget and budget narrative via a Grant Award Modification (GAM). If applicable, the Indirect Cost Rate will be identified in the GAM when the budget is approved. If there is another condition on the award prohibiting any obligation, expenditure, and drawdown of any funds, that other condition will control. [] I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) 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 under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or§§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Name of Approving Official Signed Date And Time Director Rosemarie Hidalgo 9/9/24 10:59 AM Authorized Representative Entity Acceptance Page: 16 of 18 92 Title of Authorized Entity Official Assistant City Manager Signed Date And Time Page: 17 of 18 93