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02/06/2018 06D Violence Against Women STOP Grant Agreement with the US Department of JusticeBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 6.D. For Meeting of: February 6, 2018 ITEM TITLE: Resolution authorizing application for a Violence Against Women STOP Grant SUBMITTED BY: Capt. Jeff Schneider Yakima Police Department SUMMARY EXPLANATION: The City of Yakima is a sub -recipient with Yakima County for the Department of Justice Violence Against Women STOP Grant. The City will receive $10,986 to fund Yakima Police Detective training and activities regarding violence against women. This resolution allows the City Manager to sign and submit all application materials. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: NA Public Safety STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date O Resdution 1/16/2018 O Violence Against Women Grant 1'1712018 Type Resolution Cover Memo 2 A RESOLUTION RESOLUTION NO. R-2018-_ ratifying an agreement with Yakima County to act as a sub - recipient to receive a grant in the total amount of $10,986 from the United States Department of Justice, Office of Violence Against Women STOP Grant Program, and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all documents and contracts necessary to complete said grant transaction. WHEREAS, the U.S. Department of Justice, Office of Violence Against Women STOP Grant Program, has grant funds available to local governments to support efforts to reduce crime and violence against women; and WHEREAS, the Yakima Police Department has been notified that $10,986 in grant funds have been allocated to the City of Yakima acting as a sub -recipient for Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions; and WHEREAS, one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the County shall transfer $10,986 of the grant monies to the City to support law enforcement activities of the Yakima Police Department; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City to authorize submission of an application to the STOP Grant Program for said available funds and execution of all necessary documents and contracts to complete said grant transaction, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager or his designee is hereby authorized to submit a completed grant application to the United States Department of Justice, Office of Violence Against Women STOP Grant Program to obtain a grant to fund local efforts to reduce crime and improve public safety. 2. The City Manager or his designee is further authorized and directed to accept the grant on behalf of the City of Yakima, and to take all steps and execute all documents and contracts necessary to complete this grant transaction, including but not limited to execution of the attached Interlocal Agreement with Yakima County. 3. ADOPTED BY THE CITY COUNCIL February 6, 2018. ATTEST: Kathy Coffey, Mayor City Clerk FACE SHEET 3 Grant Number: F17-31103-020 FFY 2017 Violence Against Women STOP Grant Program 1. Grantee City of Yakima 129N2nd St Yakima, WA 98901 3. Grantee Representative Randy Baker Detective Sergeant Phone: (509) 576-6675 Fax: randy. baker(cvakimaw;ctov 5. Grant Amount $10,986.00 9. Federal Funds (as applicable) 10. Tax ID # 6. Funding Source Federal: /1State: ❑ Other: Awarding Official: Department of Justice, OVW 11. SWV # 2. Grantee Doing Business As (optional) Yakima Police Department 200 S. Third St Yakima, WA 98901 4. Yakima County Sheriff's Representative Dan Cypher PO Box 1388 Detective 98907-1388 Phone: (509) 574-2500 Fax: 1822 S. 1st St dan.cvpher a�7.co,vakima. a.us Yakima, WA 98903 N/A: ❑ CFDA Number 16.588 12. DUNS # 078212651 7. Start Date 1/1/2018 8. End Date 12/31/2018 13. Indirect Cost Rate N/A 14. Grant Purpose FFY 2017 STOP Violence Against Women Grant Program supports activities that improve the community response to violence against women. COMMERCE, defined as the Department of 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: Grantee Terms and Conditions including Attachment A — Copyright Provisions; Attachment B — Standard Assurances; Attachment C — Equal Employment Opportunity Plan Certification; Attachment D - Limited English Proficiency, Findings of Discrimination and Non -Supplanting Certification; Attachment E — Restrictions and Certifications Regarding Non -Disclosure Agreements; Attachment F — Prohibited Conduct; Attachment G - Scope of Work; Attachment H — Budget; and Grantee's Application for Funding as submitted and approved by COMMERCE. FOR GRANTEE Signature Name Title Date 4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: 9/28/2017 Federal Award Identification Number (FAIN): 201 7 -WF -A)(-0030 Total amount of the federal award: $3.198.090.00 Total amount of federal award 2017 -WF -AX -0030 funding in this grant: $17,458.00 Federal Award Date: 9/27/2018 Federal Award Identification Number (FAIN): 2016 -WF -AX -0036 Total amount of the federal award: $ 3,200,839.00 Total amount offederal award 2016 -WF -AX -0036 funding in this grant: $9.502.00 The Grantee agrees that any publications (witten, visual, or sound) but excluding press na|aaamo, nevva|mttaro, and issue mna|yaew, issued by the Grantee describing programs or projects funded in whole or in part with federal funds under this Gnant, shall contain the following statements: "This project was supported by subgrant No. 1F17~331.03~020 awarded by the state administering office for the STOP Formula Grant Program. The opinionm, findingn, cVno|unionu, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Vioence Against Women. Grant funds are administered by the Office of Crime Victims Advooaoy, Community Services and Housing Oivieion, Washington State Department of Commerce." 2. ASSOCIATION OF COMMUNITY ORGANIZATIONS (ACORN) Grantee agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OVW. 3. BULLANG PROCEDURES NT The Grantee shall submit all requests for reimbursement to the Yakima County Sheriff's Office. Invoices shall be submitted at Ieast quarterly, but not more often than monthly. The Invoice Voucher shall be submitted to Marsha Graf, Senior Accountant, Yakima County Sheriff's Office, P.O. Box 1388, Yakima, WA 98907. SHERIFF will pay Grantee upon acceptance of program activities provided and receipt of properly completed invoices. Payment shall be considered timely if made by SHERIFF within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. SHERIFF 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 SHERIFF. Duplication of Billed Costs The Grantee shall not bill SHERIFF for services performed under this Agreement, and SHERIFF shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other nounoo, including grants, for that service. 2 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrants/subcontracts. 4. CIVIL PROVISIONS The Grantee shall comply with the Violence Against Women Reauthorization Actof 2013 provision that prohibits recipients of STOP Grant funding from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by this Grant. 5.COMPENSATION SHERIFF shall pay an amount not to exceed $10.986.00 for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment G — Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment H — Budget. Grantee shall provide a non-federal match. The total match to be provided shall be at least $3,955.00 unless otherwise agreed upon and fulfilled by STOP Grant county partners. Match funds may be expended in a greater proportion to grant funds, howmvmr, all match funds must be expended prior to the close of this Grant. An expended amount of match funds must be identified on the invoice voucher form provided by SHERIFF. Transfer of any amount between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation of an amendment by Grantee and SHERIFF. Payment will be on a reimbursement basis only. Consultant fees may not exceed $850 per day (excluding travel and subsistence costs) for an eight- hour day or may not exceed $81.25 per hour for less than an eight-hour day. ight-hourdayormaynotexcemd$81.25pmrhourfmr|momthananeiQht-hourday. Travel expenses incurred or paid by the Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Travel expenses are included in the maximum grant amount for this Grant. Current rates for travel may be d using the following link: G. CONFERENCES, MEETINGS, uAND TRAININGS The Grantee agrees to comply with all applicable laws, ragu|oUonm, pn|iuiao, and guidance (including specific cost |imito, prior approval and reporting nequiremmntn, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, d guidance is available at mtp. The Grantee agrees to comply with the financial and administrative requirements set forth in the current editionof the U.S.Department Justice, Financial Grants Management Guide, which can be found at 7. EQUAL OPPORTUNITY TREATMENT FOR FAITH -BASED ORGANIZATIONS The Grantee agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of Justice regulation. 8. GENERAL APPROPRIATIONS - LAW RESTRICTIONS The Grantee agrees to comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various general provisions" in the 3 6 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS Consolidated Appropriations Act, 2016, are set out at and are incorporated by reference. 9. GRANT -~~.__-_'. The Representative for each of the parties shall be responsible for and shall be the contactperson for all communications and billings regarding the performance of this Grant. The Representative for SHERIFF and their grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contacinformation are identified on the Face Sheet of this Grant. 10. GRANT MODIFICATION Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, SHERIFF may, by written notification to the Grantee and without notice to any known guarantor or aunab/, 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 heretn, shall not be binding. Notwithstanding any provision of this Grant to the contrary, at any time during the grant period. SHERIFF may analyze grant expenditures as a proportion of the grant budget. If SHERIFF determines, in its sole dimcreUon, that the grant funding is underuU|ized. SHER|FF, in its sole diocreUon, may unilaterally modify the Grant to reduce the balance of the Grant budget. Funds de -obligated by SHERIFF as a result of a budget reduction may be made available to other Grantees for the provision of eligible program activities. 11. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any c|aimm, muito, ocUons, ooytu, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, #ffioera, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give SHERIFF thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Grantee shall submit to SHERIFF within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1.000.000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vahidoa, owned or operated by the Grantee or its Subgrantee, automobile liability insurance shall 4 7 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS be required. The minimum limit for automobile liability is $1.080.000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. (This provision applies only if the grantee or subgrantees are using the services oflicensed professionals to perform services described under this Grant.) The Grantee shall maintain Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum Iimits of no less than $1.000.000 per occurrence to cover all activities by the Grantee and licensed staff employed or under Grant to the Grantee. The state of Washington, its agento, officmre, and employees need not be named as additional insureds under this policy. Local Government Grantees that Participate in sSe|f~Ummmnance Program Self-Insured/Liability Pool or Self -Insured Risk Management Program – With prior approval from SHERIFF, the Grantee may provide the coverage above under a self-insured/liability pool or self- insured risk management program. In order to obtain permission from SHER|FF, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self- insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Grantee's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Grantee shall provide annually to SHERIFF a summary of coverages and a letter of self- inounancm, evidencing continued coverage under Grantee's self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self- insurance will be provided on the anniversary of the start date of this Agreement. 12. NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION The Grantee agrees to comply with the provisions of 42 U.S.C. 13925(b)(2). nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. 13. POTENTIAL FRAUD, WASTE, SIMILAR MISCONDUCT The Grantee agrees to promptly refer to the Department of Justice Office of the Inspector General (OIG) any credible evidence that a prinmipa|, mmp|oyme, e0mnt, oubgnanboe, oubcontnaotor, or other person has, in connection with funds under this award – (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by—(1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Divisions, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) email to: oig.hotlgom and/or (3)the DOJ OIG hotline: (8OO)86Q-4490(phone)or(2D2) 616-9881 (fax). 14. REPORTING The Grantee shall submit an annual progress report electronically on a form provided by SHERIFF for the work performed. The electronic report is due to COMMERCE January 15,-2019 (for the performance period January 1, 2018 through December 31, 2018). The Grantee shall maintain documentation and records that support the progress reports. 5 8 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 15. PERSONS To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing Ianguage assistance services, including interpretation and translation services, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing their programs and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. Additional assistance regarding LEP obligations and information may be found at wwv.Iep gov. 16. STATUTORY AND REGULATORY REQUIREMENTS The Grantee agrees to comply with all relevant statutory and regulatory requirements which may inc|ude, among other relevant authorities, the Violence Against Women Act of 1994. P.L. 103-322. Violence Against Women Act of 2000, P.L. 108-386. Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, and OVW's implementing regulations at 28 CFR Part 90. 17. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES OF OVWN RECIPIENTS The Grantee agrees to complywith all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified oincumobanoee, discrimination against an employee by the Grantee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal gront, a gross waste of federal fundo, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule or regulation related to a federal grant. The Grantee should inform their mmp|oyaen, in writing (and in the predominant native language of the workhnroe), of employee rights and remedies under 41 U.S.C. 4712. 18. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the foliowing order: � Applicable federal and state of Washington statutes and regulations m, Face Sheet • Special Terms and Conditions � Attachment A — Copyright Provisions Attachment B — Standard Assurances Attachment C — Equal Employment Opportunity Plan Certification ~^ Attachment D — Limited English Proficiency, Findings of Discrimination and Non -Supplanting Certification � Attachment E — Restrictions and Certifications Regarding Non -Disclosure Agreements � Attachment F — Prohibited Conduct � Attachment G - Scope of Work 9 Attachment H — Budget • General Terms and Conditions • Application for Funding as submitted and approved by COMMERCE 6 9 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "SHERIFF" shall mean the Yakima County Sheriff's Office. D. "Grant" or "Agreement" means the entire written agreement between SHERIFF and the Grantee, including any Exhibita, docummntm, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. E. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. F. "Modified Total Direct Costs (MTDC" shall mean all direct salaries and vvagos, applicable fringe benefito, materials and oupp|imu, uorviceo, tnavm|, and up to the first $26.000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital axpenditurea, charges for patient care, rental umoto, tuition ramiaoion, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. G. "Personal Information" shall mean information identifiable to any pernon, induding, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other enUviUon, addnemsea, telephone numbmrm, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. H. "State" shall mean the state of Washington. I. "Subgrantee/subcontractor" shall mean one not an employee of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "subgrantee/subcontractor" refers to any tier. J. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. K. "Vendor" is an entity that agrees to provide the amount and kind of services requested by SHERIFF; provides services under the Grant only to those beneficiaries individually determined to be eligible by SHERIFF and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by SHERIFF. 3.ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 4. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 7 10 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 5. OF 1as the "ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of emp|oyment, public occommodo1iunm, state and local government services, and telecommunications. 6. ASSIGNMENT Neither this {3ramd, nor any claim arising under this Gnard, shall be transferred or assigned by the Grantee without prior written consent of SHERIFF. 7. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs. 8. AUDIT A. General Requirements Grantees are to procure audit services based on the foliowing guidelines. The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subgrantees also maintain auditable records. The Grantee is responsible for any audit exceptions incurred by its own organization or that of its Subgrantees. SHERIFF reserves the right to recover from the Grantee all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Grantee must respond to SHERIFF requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. Federal Funds Requirements — 2 CFR Part 200 Grantees expending $750,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) 2 CFR Part 200. When state funds are also to be paid under this Grant a Schedule of State Financial Assistance as well as the required schedule of Federal Expenditure must be included. Both schedules include: Grantor agency name Federal agency Federal program name Other identifyi ng contract num bers Catalog of Federal Domestic Assistance (CFDA) number (if applicable) Grantor contract number Total award amount including amendments (total grant award) Current year expenditures If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Grantee in accordance with 2 CFR Part 200. The Grantee shafl include the above audit requirements in any subgrants. 8 11 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS In any case, the Grantee's financial records must be available for review by SHERIFF. Documentation Requirements The Grantee must send a copy of any required audit Reporting Package as described in 2 CFR Part 200 no later than nine (9) months after the end of the Grantee's fiscal year(s) by sending a scanned copy to auditreviewcommerce.wa.,qov or a hard copy to: Yakima County Sheriff's Office POBox i388 Yakima, WA 98907-1388 In addition to sending a copy of the audit, when applicable, the Grantee must include: w Corrective action plan for audit findings within three (3) months of the audit being received by SHERIFF Copy of the Management Letter 9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1 Are not presently debarned, auapendnd, proposed for dabannmnt, declared ine|igitJe, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this Gnant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen propedy, making faise claims, or obstruction ofjustice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Fede,a|.otote.orlocal) vvithcommission nfany cfthe offenses enumerated inparagraph (A)(2) . of this section; and 4. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, state, or Iocal) terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by SHERIFF. D. The Grantee further agrees by signing this Grant that it will include the clause titled ^CailificaUon Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as foUowo, without nnodifivaUon, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: 9 12 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS LOWER TIER COVERED TRANSACTIONS a. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such Grantee shall attach an explanation to this Grant. E. The terms covered tnansaot|on, debarred, suspended, ineligible, lower tier covered transaot)om, pemomn, primary covered tnonssmt|mn, pr|nc|pa|, and voluntarily excluded, as used in this oaotion, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Grantee that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbane, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Grantee shall comply with all state and federal laws related to the use, shoring, tnanafer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, ohone, hanofer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE orae may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, oharing, tronnfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential informmUon, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFLICT Notwithstanding any determination by the Executive Ethics Board or other tribunal, the SHERIFF may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due notice and examination by SHERIFF that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Grantee in the procurement of, or performance under this Grant. Specific restrictions apply to contracting with current or former state empursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any 10 13 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS state of Washington emor former state ememployed or on the firm's governing board during the pas24 months. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by SHERIFF that a conflict of interest exists, the Grantee may be disqualified from further consideration for the award of a contract. In the event this Grant is terminated as provided above, SHERIFF shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the Grantee. The rights and remedies of SHERIFF provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which SHERIFF makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Grant. 12. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all yWataria|o, including all intellectual property rights, moral rightn, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and inuudaa, but is not limited to, data, ,eporto, documonts, pomph|ats, advartiommente, books, moAazinmn, aunayo, otudieo, computer programs, films, bapea, 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 (Srant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonmxn|unive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to trano|ate, nepnoduue, diatribuhe, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and pmrmiomionm, including intellectual property rightm, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 13. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the SHERIFF, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: be in writing; state the disputed issues; � state the relative positions of the parties; � state the Grantee's name, address, and Grant number; and �be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. 11 14 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS The respondent shall send a written answer to the requestor's statement to both the Sheriff or the Sheriff's designee and the requestor within five (5) working days. The Sheriff or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Sheriff or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 14. DUPLICATE PAYMENT SHERIFF shall not pay the Grantee, if the Grantee has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 15. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought here under shall be in the Superior Court for Yakima County. 16. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, C{JyWyNERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the grant. "Claim" as used in this grant, means any financial loss, claim, suite, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnifv, dmfend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee/subcontractor or its employees. Grantee expressly agrees to indemnih/, defmnd, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The Grantee and its employees or agents performing under this Grant are not employees or agents of the state of Washington or SHERIFF. The Grantee will not hold itself out as or claim to be an officer or employee of SHERIFF or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 12 15 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 18. INDIRECT COSTS The Grantee shall provide their indireccost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis indireccost rate of 1 0% of modified total direct costs (MTDC) will be used. 19. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by |nvv. SHERIFF may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. SHERIFF may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by SHERIFF under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 20. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States 1.avvs, Regulations and Circulars (Federal) A. Audits 2 CFR Part 200 B. Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082 Drug -Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5 C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-136. 42 U.S.C. 6101-07. 45 CFR Part 90 Nondiscrimination in Federaily Assisted Programs Americans with Disabilities Act of 1990, Public Law 101-336 Equal Employment Opportunity, Executive Order 11240, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60 Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102 Employment under Federal Contracts, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793 Nondiscrimination under Federal Grants, Rehabilitation Acof 1973, Section 504, 29 U.S.C. 794 Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631 Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551 Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a) Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1 Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352 Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60 Section 3.Housing and Urban Development Act oflQO8.12USC 17O1u(See 24CFR 57O.0OT(b)) 13 16 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS D. Office of Management and Budget Circulars 2 CFR Parts 200, 215, 220, 225, and 230 E. Other Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidancm, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501-8. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 provides that Grantees who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agenoy, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contnaot, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non -Supplantation, 28 CFR Sec. 90.18 Section 8 Housing Assistance Payments Program F. Privacy Privacy Act of 1974, 5 U.S.C. 552a Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (1) B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264 C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW D. Discrimination -human rights commission, Chapter 49.60 RCW E. Ethics in public service, Chapter 42.52 RCW F. Office of minority and women's business onterpriaeo. Chapter 39.19 RCW and Chapter 326-02 WAC G. Open public meetings act, Chapter 42.30 RCW H. Public records act, Chapter 42.56 RCW U. State budgeting, accounting, and reporting system, Chapter 43.88 RCW 21. The Grantee shall comply with all applicable looa, state, and federa|icanong, accreditation and registration requirements or standards necessary for the performance of this Grant. 22. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermorm, any o|hnretion, amendmant, modificaUon, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed the Agent. 14 17 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all fedmro, state, and local nondiscrimination lavvo, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination |nw, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with the state. The Grantee shall, howevmr, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 24. POLITICAL ACTIVITIES Political activity of Grantee employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 -1508. No funds may be used under this Grant for working for or against ballot measures or for or against the candidacy of any person for public office. 25. PROCUFUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A Grantee which is a nonprofit organization shall establish procurement policies in accordance with 2 CFR Part 200, for all purchases funded by this Grant. The Grantee's procurement system should include otleast the following: A. A code or standard of conduct that shall govern the performance of its offioern, emp|oyaea, or agents engaged in the awarding of Grants using federal funds. B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. C. Minimum procedural requirements, as follows: 1. FoIIow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. 2. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. 3. Positive efforts shall be made to use small and minority-owned businesses. 4. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Gnantee, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. 5. Subgrants shall be made only with reasonable Subgrantees who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. 6. Some form of price or cost analysis should be performed in connection with every procurement action. 7. Procurement records and files for purchases shall include all of the following: a. Grantees selection or rejection. b. The basis for the cost or price. c. Justification for lack of competitive bids if offers are not obtained. 8. A system for Grant administration to ensure Grantee conformance with terms, conditions and specifications of this Grant, and to ensure adequate and timely follow-up of all purchases. 15 18 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS C. Grantee and Subgrantees must receive prior approvafrom COMMERCE for using funds from this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received when value of this Grant is expected to exceed $5,000. Prior approval requests shall include a copy of proposed Grants and any related procurement documents and justification for non-competitive procurement, if applicable. 26. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or innp|ied, without the prior written consent of COMMERCE. 27. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Gnant. SHERIFF reserves the right to recapture funds in an amount to compensate SHERIFF for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by SHERIFF. In the a|ternaUve. SHERIFF may recapture such funds from payments due under this Grant. 28. RECORDS MAINTENANCE The Grantee shall maintain all booko, records, documents, data and other evidence relating to this Grant and performance of the services described hmnein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these remurdn, including materials generated under the Grant, shall be subject at all reasonable times to innpaction, review or audit by GHER|FF, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 29. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to GHER|FF, or any of its offioero, or to any other authorized agency or official of the state of Washington or the federal guvarnment, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 30. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, SHERIFF may terminate the Grant under the "Termination for Convenience" dauue, without the ten business day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 16 19 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 31. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is iliegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 32. SITE SECURITY While on SHERIFF premises, {Sronbee, its agmnts, om[Jmymeo, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 33.SUBGRANTUNG/SUBCONTRACZNG The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of SHERIFF. If SHERIFF approves subcontracting, the Grantee shall maintain written procedures related to oubcontrmotin0, as well as copies of all subcontracts and records related to subcontracts. For cause, SHERIFF in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to SHERIFF if the Subcontractor fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to SHERIFF for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that SHERIFF and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 34. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance,conneUaUonorterminaUonofMhin{3nandehmU so survive. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross recmipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 36. TERMINATION FOR CAUSE In event SHERIFF determines that the Grantee failed to comply with any term or condition of this Grant in a timely manner, SHERIFF has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, SHERIFF shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law inc|uding, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Gnant, e.g. cost of the competitive bidding, mai|inA, advertising and staff time. SHERIFF reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by SHERIFF to terminate the Grant. 17 20 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS A termination shall be deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of SHERIFF provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by Iaw. 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant SHERIFF may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, the Grantor shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 38. TERMINATION PROCEDURES Upon termination of this Gront. SHERIFF, in addition to any other rights provided in this Gnant, may require the Grantee to deliver to SHERIFF any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. SHERIFF shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by SHERIFF, and the amount agreed upon by the Grantee and SHERIFFE for (i) completed work and services for which no separate price is otabad. (ii) partially completed work and services, (iii) other property or services that are accepted by SHERIFF, and (iv) the protection and preservation of property, unless the termination is for default, in which case SHERIFF shall determine the extent of the liability of SHERIFF. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. SHERIFF may withhold from any amounts due the Grantee such sum as SHERIFF determines to be necessary to protect SHERIFF against potential loss or liability. The rights and remedies of SHERIFF provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by Iaw or under this Grant. After receipt of a notice of termination, and except as otherwise directed by SHERIFF, the Grantee shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to SHERIFF, in the manner, at the times, and to the extent directed by SHERIFF, all of the righte. title, and interest of the Grantee under the orders and subgrants/subcontracts so tarminated, in which case SHERIFF has the right, at its dimcreUVn, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and oubcontracta, with the approval or ratification of SHERIFF to the extent SHERIFF may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to SHERIFF and deliver in the manner, at the times, and to the extent directed by SHERIFF any property which, if the Grant had been ommp|ated, would have been required to be furnished to SHERIFF; 6. Complete performance of such part of the work as shall not have been terminated by SHERIFF; and 18 21 GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 7. Take such action as may be necessary, or as SHERIFF may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which SHERIFF has or may acquire an interest. 39. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. E. All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 40. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 19 22 ATTACHMENT A SPECIAL CONDITION REGARDING COPYRIGHT PROVISIONS January 1, 2018 through December 31, 2018 Pursuant to2CFR §2O.315(b).the recipient may copyrightanywork that is subject to copyright and was developed, or for which ownership was acquired, under this award. The Office on Violence Against Women reserves a royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work, in whole or in part (including in the creation of derivative works), for Federal purponmo, and to authorize others to do so. The Office on Violence Against Women also reserves a nonexclusive and irrevocable right to reproduce publish or otherwise use, in whole or in part (including in the creation of derivative works), any work developed by a subrecipient of this award, for Federal purposes, and to authorize others to do so. In addition, the recipient (or subrecipient, contractor or sumust obtain advance written approval from the Office on Violence Against Women program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval, before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted vvork, or portion thmraof, into a new work developed under this award. It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure that this condition is included in any subaward, contract or subcontract under this award. 23 OMB APPROVAL NO. 1121-0140 EXPIRES 5/31/2019 STANDARD ASSURANCES The Grantee hereby assures and certifies compliance with all applicable Federal otobdao, ragu|aUono, poicieo, guide|inma, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372 (intergovernmental review of federal programs). The Grantee also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the pject described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regu|aUona, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et aeq], and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). G. It will comply (and will require any subrecipientor contractors to comply) with any applicable nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.G.C. G10004(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. §13926(b)(138;the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Ac(25 U.S.C. §§1301-13U3); the Rehabilitation Acof 1973 (29 U.S.C. § 794); the Americans with Disabilities Acof 1990 (42 U.S.C. §§12131'34);the Education Amendments of1872 (2OU.S.C.8§1081.1G83.1085-O8);and the Age Discrimination Act wf1A75(42U.G.C. §801D1-O7).|twill also comply with Ex. Order 13279, Equal Protection of the Laws for Faith -Based and Community Organizations; Executive Order 13559. Fundamental Principles and Policymaking Criteria for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing regulations at 28 C.F.R. Part 38. 7. If a governmental entity: a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.8 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and b\itwill comply with requirements of5U.G.C.8G15O1'O8and §§7324'28.which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. Recipient's Name: Yakima Police Department Address: 200 S. Third St Yakima, WA 98901 Is agency a U Direct o Sub recipient of OJP, OVW or COPS funding? DUNS Number: 078212651 24 ATTACHMENT C Law Enforcement Agency? El Yes 1"1 No Vendor Number (only if direct recipient): N/A Name and Title of Contact Person: Randy Baker, Detective Sergeant Telephone Number: (509) 576-6675 E -Mail Address: rand .bankerakirnawa. ov Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply: Less than fifty employees. fNonprofit Organization. [7] Indian tribe. Educational Institution. ElMedical Institution. Receiving an award less than $25,000 1, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuit to 28 C.F.R. § 42.302. I further certify that [recipient] will comply with all applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or Tv e Name and Ti Date Section B—Declaration Claiming Exemption from EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient has fifty or more employees and is receiving a single award or, subaward of $25,000 or more, but less than $500, 000, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305): 1, [responsible official], certify that [recipient] Which has fifty or more employees and is receiving a single award for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office ofJustice Programs, U.S. Department of Justice. The EEOP is on file at the following office: [organization], [address]. Print or Tv c Name and Titie Si Date Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award or subaward of $500,000 or more, then the recipient agency must send an EEOP Short Form to the OCR for review. [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. Print or Type Name and Title Signature Date ATTACHK8Em�/D LIMITED ENGLISH PROFICIENCY, FINDINGS OF DISCRIMINATION, AND NON -SUPPLANTING CERTIFICATION 1. LIMITED ENGLISH PROFICENCY To ensure compliance with the Omnibus Crime controand Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access to services and legal protections. Meaningful access may entail providing language assistance uarvioeo, including oral and written tranm|adon, where necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at wwwIepqov. 2. NOTIFICATION OF FINDINGS OF DISCRIMATION OR NON-COMPLIANCE In the event a state or federacourt or a state or federaadministrative agency makes a finding of discrimination after a due process hearing on the basis of actual or perceived race, color, ne|igion, national nrigin, sex, gender idenUty, sexual orientaUon, age, or disability against the Grantee or a program partner or participant receiving grant funds, the Grantee will forward a copy of the finding to the U.G. Department of Justice, Office of Justice Programs, Office of Civil Rights ({JCR), and the Department of Commerce (COMMERCE). The Grantee shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice funds are invo|ved, and identify all open grants utilizing U.S. Department of Justice funding by grant number and program title. 3. NON -SUPPLANTING CERTIFICATION No STOP Grant funds will be used to supplant existing state, local, or other nonfederal funding already in place to support current services. STOP Grant funds will be used to increase the total amount of funds used to combat violence against women. Violation of the non -supplanting requirement can result in a range of pena|Umo, including suspension of future funds under this Grant, recoupment of monies provided under this Grant, and civil andlor criminal penalties. 4. GRANTEE DUTY TO ENSURE SUBGRANTEES COMPLIANCE The Grantee is required to ensure compliance with this requirement by any program partner or participant receiving funding under this Grant. As the duly authorized representative of the Grantee, | hereby cerify that the Grantee will comply with the above Civil Rights requirements and Non -Supplanting specified in this Certification. Yakima Police Department Agency Name Name of Authorized Official Title of Authorized Official Signature of Authorized Official Date ATTACH88ENYE RESTRICTIONS AND CERTIFICATIONS REGARDING NON -DISCLOSURE AGREEMENTS January 1, 2018 through December 31, 2018 No recipient or subrecipient under this Grant, or entity that receives a contract or subcontract with any funds under this Gnand, 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 Iaw enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this Grant, to contravene requirements applicable to Standard Form 312 (which relates to classified informadion). Form 4414 (which relates to sensitive compartmented informoUon), or any other form issued by a federal department or agency governing the nondisclosure of classified information. A. In accepting this Gnant, the recipient: 1. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, freud, or abuse as described above; and 2. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of grant funds, will provide prompt written notification to the agency making this Grant, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. B. If the recipient does or is authorized to make subgrants or contracts under this Grant: 1. it represents that: a. it has determined that no other entity that the recipient's application proposes may or will receive grant funds (whether through a nubgnant, nontract, or subcontract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. it has made appropriate inquiry, or otherwise has an adequate factual baaio, to support this representation; and D. it certifies that, if it learns or is notified that any subgrantee, oontrantor, or subcontractor entity that receives funds under this Grant is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or naat,ict), reporting of waota, froud, or abuse as described abovm, it will immediately stop any further obligations of Grant funds to or by that entity, will provide prompt written notification to the agency making this Grent, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Yakima Police Department Agency Name Name of Authorized Officia Title of Authorized Official Signature of AuthorizeOfficial Date 27 ATTACHMENT F PROHIBITED CONDUCT BY GRANTEES AND SUBGRANTEES RELATED TO TRAFFICKING IN PERSONS CERTIFICATION (including reporting requirements and authority to terminate grant) Section A.Provisions ���ll A. During the period of time that this grant is in mfhect, the gnanbea, oubgnanhemo, and the employees of these agencies may not engage in -- 1. Severe forms of trafficking in persons; 2. Procurement of a commercial sex act; . 3. Use of forced labor in the performance of the grant or any subgrant; 4. Acts that directly support or advance trafficking in persons, including acts such as: a. Denying an employee access to the employee's own identity or immigration documents (including by destroying or confiscating such documents); b. Without legally -sufficient justification as determined by the Washington State Department of Commerce (Commerce) failing to provide (or pay for) return transportation to an employee to the country from which the employee was recruited (if other than the United Stoten), if the employee requests such return transportation upon the end of employment; c. Using materially false or fraudulent pnetenneo, repnuumntaUona, or promises regarding the employment to solicit a person for employment, or in an offer of employment; d. Charging recruited employees unreasonable placement or recruitment fees, such as fees equal to or greater than the employee's monthly oa|ary, or recruitment fees that violate the laws of the country from which an employee is recruited; or e. Providing or arranging housing that fails to meet the host country (e.g., the United States) housing and safety standards. B. Commerce as the awarding agency may unilaterally terminate this nwmrd, without pene|ty, if the department's dinector, or his deoignea, determines that the grantee or a subgrantee -- 1. Violated a prohibition in section A.1 above; or 2. Has an employee who violated a prohibition in section A.1 above through conduct that is either: a. Associated with performance under this grant; or b. Imputed to the grantee or the subgrantee using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement)," as implemented by the Department of Justice (DOJ) at 2 C.F.R. Part 2807. C. The grantee must inform SHERIFF prompUy, and without de|ay, of any information the grantee or subgrantee receives from any source alleging a violation of a prohibition in section A.1 above. D. SHERIFF's authority to terminate this grant unilaterally (without pmna|ty), described in section A.2 above: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), and 2. Is in addition to any and all other remedies for noncompliance that are available to SHERIFF with respect to this evvard, whether under the TVPA (see, e.g., 22 U.S.C. 7104b) or other applicable E. The grantee must include and incorporate all applicable provisions of this award condition in any 28 ATTACHMENT F Section B Definitions For purposes of this grant condition: A. "Em means either: 1. An individual employed by the grantee or by a subgrantee who is engaged in the performance of the project or program under this award; or 2. Another person engaged in the performance of the pject or program under this award, whether or not compensated with award funds, including, but not limited to, a volunteer, an individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching noquinommntu, or an agent (including a labor recruiter or broker). B. "Forced labor" means labor obtained by any of the foliowing methods: the naoruitnnent, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. C. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA (22 U.S.C. 7102). As the duly authorizerepresentative of the grantee, 1 hereby certify that the grantee and subgrantees, if app|ioab|e, will comply with the above Prohibited Conduct by Grantees and Subgrantees Related to Trafficking in Persons specified in this Certification. Yakima Police Department Agency Name Name of Authorized Official Title of Authorized Official Signature of Authorized Official Date 29 ATTACHMENT G SCOPE OF WORK January 1, 2018 through December 31, 2018 The Yakima Police Department shall provide staff and furnish goods and services necessary to accomplish the activities under the STOP Violence Against Women Formula Grant Program during the Grant period. This Grant is not a Benefit or Entitlement to the Grantee. It is not to be used to acquire property or services for the state government's direct benefit. The principle purpose of this Grant is to provide funding for the Yakima County Sheriffs Office to accomplish a public purpose. Funding from this Grant must be used to support the Grantee's STOP Violence Against Women Formula Grant Program. Grantee must ensure that activities funded under this Grant program are available to adult or youth victims (ages 11 or older) of domestic violence, sexual assault, stalking or dating violence during Grantee's regular business hours and shall include, but not be limited to: training related to crimes involving adult or youth victims (ages 11 or older) of domestic violence, sexual assault, dating violence, or staiking; • training focusing on topics or issues that will increase efforts to hold offenders accountable while enhancing law enforcement's response to adult or youth victims (ages 11 or older) of sexual ammau|t, domestic violence, dating violence, or stalking; • attend Iocal and/or national training sessions; • active collaboration with victim services and prosecution to ensure a supportive and strong coordinated response for victims of domestic violence; sexual assault, dating violence, or stalking; and • ensuring that goods and services, supplies or administrative costs supported by this grant program are related to issues involving adult or youth victims (ages 11 or older) of domestic violence, sexual assault, dating violence or staiking. Food and Beverage Costs: Grantee agrees Grant funds wilt not be used to purchase food and/or beverages for any mmetin0, confenanue, tnaining, or other event, with the exception of support groups or training volunteers. Training or Training Materials: Grantee agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees Subgrantees, available at htt' - ��---���-�---- --�---- -- '----~-- Outreach, Public Awareness and Education Activities: Grant funds may only be used to support, inform, and outreach to victims about available services. Grantee agrees grant funds will not be used to conduct public awareness or community education campaigns or related activities. Coordinated Community Response Team: The Grantee and Subgrantees, if applicable, shall participate at least quarterly, in the county's Coordinated Community Response Team to increase the safety of victims of sexual assault and hold offenders accountable. OCVA Program Staff may conduct periodic checks for compliance with participation in the CCR. Noncompliance may result in suspension of payments to Grantee under this Grant. Victim Safety and Recovery: The Grantee and Subgrantees, if applicable, agree that these funds will not support activities that compromise victim safety and recovery, such as: A. Procedures or policies that: 1. exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, ne|igion, sexual orienteUon, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children; ���� ATTACH8M�mn�w 2' compromise the confidentiality of information and privacy of persons receiving Office on Violence Against Women -funded services; 3. impose requirements on victims in order to receive services (e.g. seek an order of protection, receive counseling, participate in couples counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); 4. fail to include conducting safety planning with victims and fail to account for the physical safety of victims; 5. deny victims and non -abusing parents or caretakers and their children access to services based on their involvement with the perpetrator; 6. require testing of sexual assault forensic evidence in cases where the victim obtained a medical forensic exam but has not chosen to participate in the criminal justice system; B. Requiring survivors to meet restrictive conditions in order to receive services (e.g. background checks of victims, clinical evaluations to determine eligibility for services.) or other screening processes that elicit information that is not necessary for services, such as questions about immigration status, gender idenUty, sexual orimntaUun, dioabi|ity, physical or mental hma|th, and work or criminal history that the service provider does not need to know about to provide services safely; C. Project design and budget that fail to account for the access needs of participants with disabilities and participants who have Iimited English proficiency or who are Deaf or hard of hearing; D. Pre-trial diversion programs not approved by the Office on Violence Against Women or the automatic placement of offenders in such programs; E. Couples oounem|ing, family counseling or any other manner of joint victim -offender counseling as a routine or required response to sexual amomu|t, domestic violence, dating vio|mnce, or stalking, or in situations in which child sexual abuse is alleged; F. W4mdiaUon, couples oounao|ing, family counseling or any other manner of joint victim -offender counseling; mandatory counseling for victims, penalizing victims who refuse to tmnUfv, or promoting procedures that would require victims to seek legal sanctions against their abusers (o.g., seek a protection ondmr, file formal complaint); the placement of perpetrators in anger management programs; or any other activities outlined in the solicitation under which the approved application was submitted; G. Offering or ordering anger management programs for offenders as a substitute for batterer's intervention programs; H. Relying on batterer intervention programs that do not use court monitoring to hold batterers accountable for their behavior; and U. Enforcing or promoting nuisance abatement ordinances, crime -free housing ordinances, or crime -free lease addenda (often associated with crime -free housing programs) that require or encourage the eviction of tenants or residents who may be victims of domestic violence, sexual assault, dating violence or stalking. See also the U.S. Department of Housing and Urban Development for guidance on how such ordinances and addenda may violate the Fair Housing Act. DELIVERABLES The Grantee shall be responsible for the foliowing deliverabies: 1 Participation in coordinated community response meetings at least quarterly — As detailed above 2. Reports — As described in Section 14 of the Special Terms and Conditions 3. Vouchers — Must be submitted at Ieast quarterly E MEASURES Provision of the deliverables listed above will be measured using the following performancemoaeurao 1. Participation in at Ieast 75% of coordinated community response meetings 2. 100% of required reports will be submitted on time 3. 90% of vouchers will be completed on time BUDGET Cateeore Projected Costs Contracted Services $10,986.00 Goods and Services Administrative Costs Costs -0- Total Grant Award: 910,986.00 Match: $3,955.00 Total Project: $14,941.00 31 ATTACHMENT H Transfer of funds betw: :n line item budget categories must be approved by OCVA program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total grant award shall be subject to justification and negotiation of an amendment by Grantee and the Department of Commerce. The cost of allowable equipment purchased with these funds must be prorated to grant activity usage, unless Items are used 90% or more on grant activities. Equipment authorized to be purchased with grant funds must be documented in an inventory system indicating, at a minimum, date of purchase, quantity, and distribution. It must also be purchased within the first quarter of the Grant. NEW: Printing of Materials: OCVA must forward requests to print brochures, billboards, and other publications to the Office on Violence Against Women not less than =nty (20) days prior to public release of the materials. If approved, the printing must be completed within the first three months of the Grant. Consultant fees may not exceed $650 per day (excluding travel and subsistence costs) for an eight-hour day or may not exceed $81.25 per hour for less than an eight-hour day. Administrative costs may not exceed 15% of each agency's STOP Grant funding. Administrative costs must be related to STOP activities funded by this Grant. No grant funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. However, this does not apply to law enforcement agencies or any other entity carrying out criminal investigations, prosecution, or adjudication activities.