HomeMy WebLinkAbout07/19/2022 06.F. Resolution accepting the Office on Violence Against Women (OVW) grant entitled 2021 OVW Fiscal Year 2021 Firearms Technical Assistance Project Pilot Sites Initiative Solicitation 7—rei
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of: July 19, 2022
ITEM TITLE: Resolution accepting the Office on Violence Against Women
(OVW)grant entitled 2021 OVW Fiscal Year 2021 Firearms
Technical Assistance Project Pilot Sites Initiative Solicitation
SUBMITTED BY: Matt Murray, Chief of Police
SUMMARY EXPLANATION:
The Office on Violence Against Women (OVW)grant entitled 2021 OVW Fiscal Year 2021
Firearms Technical Assistance Project Pilot Sites Initiative Solicitation in the amount of
$499,212.00 to the City of Yakima through the Yakima Police Department. The grant will support
local efforts to identify and implement domestic violence reduction strategies.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution t/6/2022 Resolution
ID Award Letter 7/6/2022 Backup Material
NarratiNie 7/6/2022 Backup Material
2
RESOLUTION NO. R-2022-
A RESOLUTION accepting the Office on Violence Against Women (OVW) grant entitled 2021
OVW Fiscal Year 2021 Firearms Technical Assistance Project Pilot Sites
Initiative Solicitation in the amount of$499,212.00.
WHEREAS, the City is committed to reducing domestic violence in the community; and
WHEREAS, the Department of Justice's Office on Violence Against Women has funding
available to support local efforts to identify and implement domestic violence reduction
strategies; and
WHEREAS, the City of Yakima, through the Yakima Police Department, in cooperation
and coordination with the City of Yakima Criminal Prosecution, Yakima County Prosecuting
Attorney, Yakima County Probation Department, and the Yakima YWCA, applied for a grant to
create a community-based coordinated response to domestic violence; and
WHEREAS, the grant award is for four hundred ninety-nine thousand two-hundred
twelve dollars ($499,212) and will be used for the stated purpose listed above and as outlined in
the grant application and award; and
WHEREAS, the City Council deems it to be in the best interest of the City and the
health, safety and welfare of the City's residents to accept the Office on Violence Against
Women grant award hereto and incorporated herein by this reference, as well as approving the
acceptance of a grant award provided the City is successful in this effort; Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council of the City of Yakima hereby accepts the $499,212.00 grant from
the United States Department of Justice as awarded and authorizes the City
Manager, and/or the City Manager's designee, to execute the grant agreement
contract between the City and the United States (Award Number 15JOVW-21-GK-
04706-HOMI), as well as any other necessary documents to accept the grant, award,
and funds.
ADOPTED BY THE CITY COUNCIL this 17th day of July, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
6/30/22,4:19 PM Funded Award
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Award Letter
June 30, 2022
Dear Tory Adams,
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 YAKIMA, CITY OF
for an award under the funding opportunity entitled 2021 OVW Fiscal Year 2021 Firearms
Technical Assistance Project Pilot Sites Initiative Solicitation. The approved award amount is
$499,212.
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.
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.
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.
Congratulations, and we look forward to working with you.
ALLISON RANDALL
Principal Deputy 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) has been delegated the responsibility for ensuring that recipients of federal financial
assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the
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Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law.
Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504
of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give
assurances that they will comply with those laws. Taken together, these civil rights laws prohibit
recipients of federal financial assistance from DOJ from discriminating in services and
employment because of race, color, national origin, religion, disability, sex, and, for grants
authorized under the Violence Against Women Act, sexual orientation and gender identity.
Recipients are also prohibited from discriminating in services because of age. For a complete
review of these civil rights laws and nondiscrimination requirements, in connection with DOJ
awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against
recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance
reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to
evaluate whether recipients of financial assistance from the Department are providing services
in a nondiscriminatory manner to their service population or have employment practices that
meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or
the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal
justice system, there are two additional obligations that may apply in connection with the
awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs
(EEOPs); and (2) submitting findings of discrimination to OCR. For additional information
regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information
regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)
(5).
The OCR is available to help you and your organization meet the civil rights requirements that
are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your
organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial
assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPAL,° i� II ,;
OVW—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.
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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
NEPA Coordinator
First Name Middle Name 1_ r I_ m
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
YAKIMA, CITY OF
UEI
FJ N NX1 XFJ9K3
Street 1 Street 2
129 N 2ND ST
City State/U.S. Territory
YAKIMA Washington
Zip/Postal Code Country
98901 United States
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County/Parish Province
RAward Details
Federal Award Date Award Type
6/30/22 Initial
Award Number Supplement Number
15JOVW-21-GK-04706-HOMI 00
Federal Award Amount Funding Instrument Type
$499,212.00 CA
Assistance Listing Number Assistance Listings Program Title
16.590
Statutory Authority
34 U.S.C. 10461 - 10465
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.
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Solicitation Title Awarding Agency
2021 OVW Fiscal Year 2021 Firearms OVW
Technical Assistance Project Pilot Sites
Initiative Solicitation
Application Number
GRANT13518250
Grant Manager Name Phone Number
AMANDA WILSON 202-598-0142
E-mail Address
amanda.wilson@usdoj.gov
Project Title
Reduce Instances of Intimate Partner Domestic Violence Involving Firearm
Performance Period Performance Period End
Start Date Date
07/01/2022 06/30/2025
Budget Period Start Budget Period End Date
Date 06/30/2025
07/01/2022
Project Description
Since FY 2016, Domestic Violence Homicide Prevention Initiative(DVHPI)funds have been used to
support the Firearms Technical Assistance Project(FTAP),which helps communities identify challenges
with the implementation of federal,state, and tribal domestic violence firearms prohibitions in their
jurisdictions and assists them in establishing a localized response that is best suited to their
communities' unique needs and characteristics.The FTAP focuses on the Improving Criminal Justice
Responses to Domestic Violence, Dating Violence,Sexual Assault and Stalking Grant Program
(ICJR) Program purpose area 22 (Domestic Violence Homicide). Under the initial FTAP TA
Initiative,six firearms sites were selected to receive intensive training and technical assistance
under the FTAP. Lessons learned from the existing FTAP pilot sites will help the ICJR Unit identify
best and promising practices for jurisdictions implementing firearms relinquishment policies and
practices throughout the civil and criminal justice system. To further this initiative, in FY 2022
OVW will support the initial six firearm sites along with new sites to work on the implementation
of firearm restrictions in domestic violence cases in their communities.
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The grantee,in collaboration with its project partners,will use this new award to establish a multi-
disciplinary management team to develop and implement strategic plans addressing firearms
restrictions in domestic violence cases in their jurisdiction.The management team will reflect the
diverse make-up of the jurisdiction,which will be reflected in the support of participating culturally
specific organization(s).The work completed under this project will be informed by the unique needs
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.
I have read and understand the information presented in this section of the Federal Award
Instrument.
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.
LE1
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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. 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.
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.
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 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
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writing of the potential duplication, and, if so requested by OVW, must seek a budget- 10
modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any
inappropriate duplication of funding.
LEW
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 accessible 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 (Award
Condition: Requirements related to System for Award Management (SAM) and unique entity
identifiers), and are incorporated by reference here.
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.
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
(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.
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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 (Award condition: Determination of
suitability required, in advance, for certain individuals who may interact with participating
minors), and are incorporated by reference here.
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.
1E19
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/ovw/resources-
and-fags-grantees#Discretionary.
LE10
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
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Potential imposition of additional requirements 12
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.
1M12
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.
U113
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.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38 also sets out rules and
requirements that pertain to recipient and subrecipient (subgrantee) organizations that engage
in or conduct explicitly religious activities, as well as rules and requirements that pertain to
recipients and subrecipients that are faith-based or religious organizations.
M14
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."
in15
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.
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Another federal law generally prohibits federal funds awarded by OVW from being used by the
recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or employee of
any of them) with respect to the awarding of a federal grant or cooperative agreement,
subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law
apply, including an exception that applies to Indian tribes and tribal organizations.
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.
1E116
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
(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.
LE117
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/contact-grants.htm (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.
1E118
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient (subgrantee) under this award, or entity that receives a
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procurement contract or subcontract with any funds under this award, may require any 14
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
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor
entity that receives funds under this award is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport
to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt
written notification to the federal agency making this award, and will resume (or permit
resumption of) such obligations only if expressly authorized to do so by that agency.
1E119
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
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The recipient (and any subrecipient at any tier) must comply with, and is subject to, all 15
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.
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.
M20
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.
LEI21
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.
1E122
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.
1E123
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Compliance with statutory and regulatory requirements 16
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 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.
M24
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.
E25
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. 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.
M26
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.
127
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
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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.
1E128
Non-supplantation
The recipient agrees that grant funds will be used to supplement, not supplant, non-federal
funds that would otherwise be available for the activities under this grant.
'I29
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.
1E130
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.
1E131
Policy for response to workplace-related incidents of sexual misconduct, domestic violence,
and dating violence
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
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violence, and dating violence involving an employee, volunteer, consultant, or contractor. ' he
details of this requirement are posted on the OVW website at
https://www.justice.gov/ovw/award-conditions (Award Condition: Policy for response to
workplace-related sexual misconduct, domestic violence, and dating violence), and are
incorporated by reference here.
M32
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.
1E133
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 financial status reports
The recipient agrees that it will submit quarterly financial status reports (the SF 425 Federal
Financial Report) 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 90 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.
M35
Program income
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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.
'136
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 (Award Condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
1E37
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.
'I38
Prior approval of all materials and publications
The recipient agrees to submit for OVW review and approval all materials and publications
(written, web-based, audio-visual, or any other format) that are funded under this award. OVW
must have not less than 20 days to complete review and approval. The recipient may not
distribute or publicly release such materials under this award until OVW has approved them.
M39
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
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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.
M40
Copyrighted works
Pursuant to 2 C.F.R. 200.315(b), the recipient may copyright any work that is subject to
copyright and was developed, or for which ownership was acquired, under this award. 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 that this condition is included in any subaward, contract, or subcontract
under this award.
IM41
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
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OVW at least 20 days prior to registering for the event. Requests to attend non-OVW 21
sponsored events will be considered on a case-by-case basis. This prior approval process also
applies to requests for the use of OVW-designated technical assistance funds to pay a
consultant or contractor not designated as an OVW technical assistance provider to develop
and/or provide training and/or technical assistance.
M43
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.
1E144
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.
1E145
Prior approval for conference expenditures
The recipient must complete and submit the Department of Justice-Sponsored Conference
Request and Report Form to OVW for review and approval prior to entering into any contract
(with the exception of logistical or programmatic planning contracts) or expending any funds
for any meeting, conference, training, or other event. This includes conferences for which
OVW is not the primary source of funding if OVW support will exceed $20,000.
IM146
Logistical conference planning costs
The allowable costs for logistical conference planning are limited to $50 per attendee, not to
exceed a cumulative total of$8,750. "Attendees" include trainers, instructors, presenters, and
facilitators. For example, if the number of attendees at a conference is 100, the cost allowed
for a logistical conference planner is $5,000 ($50 X 100 attendees). This cost limitation applies
whether the recipient is planning in-house or is contracting with an outside logistical
conference planner. Indirect cost rates must be applied to conference planning costs in
accordance with negotiated agreements and must be included when calculating the planning
thresholds. If these limitations are met, no specific justification or prior approval is required. If
the recipient expects to exceed these cost limitations, then the recipient must justify the costs
in writing and those costs must be approved by OVW before the recipient proceeds with the
logistical conference planning.
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II47
Programmatic conference planning costs
The allowable costs for programmatic conference planning are limited to $200 per attendee,
not to exceed a cumulative cost total of$35,000. "Attendees" include trainers, instructors,
presenters, and facilitators. For example, if the number of attendees at the conference is 100,
the cost allowed for a programmatic conference planner is $20,000 ($200 X 100 attendees).
This cost limitation applies whether the recipient is planning in-house or is contracting with an
outside programmatic conference planner. Indirect cost rates must be applied to conference
planning costs in accordance with negotiated agreements and must be included when
calculating the planning thresholds. If these limitations are met, no specific justification or prior
approval is required. If the recipient expects to exceed these cost limitations, then the recipient
must justify the costs in writing and those costs must be approved by OVW before the recipient
proceeds with the programmatic conference planning.
1E148
Conference space and audio-visual equipment
Recipients must limit the cost of conference space and audio-visual equipment to $25 per day
per attendee, not to exceed a total of$20,000 for the conference. "Attendees" include trainers,
instructors, presenters, and facilitators. Indirect cost rates must be applied to conference
space and audio-visual equipment costs in accordance with negotiated agreements, and must
be included when calculating this threshold. If the recipient expects that these limitations will
be exceeded, then the recipient must justify the costs in writing and those costs must be
approved by OVW before the recipient enters into any contract for the use of conference
space and audio-visual equipment.
M49
Prohibition on trinkets at conferences
The recipient acknowledges that trinkets (items such as hats, mugs, portfolios, t-shirts, coins,
etc., regardless of whether they include the conference name or logo) must not be purchased
with funds made available under this agreement. Basic supplies that are necessary for use
during the conference (e.g., pens, paper, name tags) may be purchased.
1E150
Prohibition on entertainment at conferences
The recipient acknowledges that funds made available under this agreement may not be used
for costs of entertainment, including amusement, diversion, social activities, and any costs
directly associated with entertainment (such as tickets to shows or sports events, meals,
lodging, rentals, transportation, and gratuities).
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1 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.
rAgency Approval
Title of Approving Official Name of Approving Official Signed Date Ana Time
Principal Deputy Director ALLISON RANDALL 6/27/22 6:01 PM
Authorized Representative
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Entity Acceptance
Title of Authorized Entity Official
Lieutenant
Signed Date And Time
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Reducing IPV in Yakima through
Coordinated Community and Enhanced Prosecution Responses
Section 1: Purpose of the Proposal
The City of Yakima is a community located in central Washington State, with a population of
roughly 93,000 people. The community of Yakima is diverse with ethnicities including Hispanic,
Native American, Middle Eastern, Asian and African American. Two predominate languages
exist in Yakima, English followed by Spanish. Most of the schools in Yakima as well
commercial enterprises rely on persons with the ability to read, write, and understand the Spanish
language. The Yakima valley has a rich history of diversity with a large tribal territory
encompassing much of the rural county. Early settlers to the region were of Asian and Caucasian
decent, followed soon after by the Hispanic community, who settled on Tribal and Non-Tribal
lands throughout the valley. The city of Yakima resides outside of the boundaries of the Yakama
Nation Tribal Reservation, however is connected through its people and governing bodies. The
community of Yakima can best be described as a working community. The lands of the Yakima
Valley are rich with agriculture and rely on laborers to manage the farm lands. Many of the
laborers of these lands have migrated to the community of Yakima and now call it home. The
city of Yakima could be described as a community that has all socioeconomic classes, from the
wealthy to those struggling with poverty.
Similar to cities throughout the United States, Yakima has a large amount of domestic
violence. Oftentimes, unfortunately, the offenders have firearms in their possession which leads
to serious injury and fatalities. In the state of Washington, "domestic violence" includes not only
intimate partner violence but family, roommate and other domestic-related situations. Yakima
Police Department(YPD) is the primary law enforcement agency within the city of Yakima and
1
26
is the largest police department in the region. Prior to 2021, YPD did not track intimate partner
violence so it was very difficult to address this problem. What we do know from our rudimentary
data is that higher rates of intimate partner violence exist in our poorest neighborhoods. What we
are setting out to do is identify ways to effectively, and with equitable strategies, reduce the
lethality of intimate partner violence within the sections of our community that face the greatest
systemic barriers.
The statistics below in Table 1 are for all domestic violence. Over the previous five years,
DV was on a downward trend but then began rising again in 2020, both for 911 calls for service
as well as crime reports. DV Crime accounted for between 17-22% of all Group A crimes over
the five-year period,with 2020 being the most at 22.4%. In July, we began collecting data and
analyzing IPV cases where a crime has been committed (versus verbal DV). In the 10 weeks
since we began tracking this, we have 27 offenders that have 2 or more cases with 1 offender
having 4 and 1 having 5 cases.
TABLE 1: Yakima Police Department DV Calls and Crimes
Year DV 911 Calls DV Crime Incidents
2016 3,404 1,947
2017 3,071 2,175
2018 2,928 1,995
2019 2,811 1,868
2020 2,895 1,991
The criminal court system in Yakima is shared by the Municipal Court and the Superior
Court. The Yakima Municipal Court handles misdemeanor and gross misdemeanor crimes that
have been charged. Felonies are prosecuted through the Yakima County Superior Court. There
are currently no specialized dockets for criminal cases involving domestic violence. There are
currently no therapeutic courts focusing on domestic violence. The Yakima County Superior
2
27
Court has availability to hear petitions for civil temporary protection orders on a daily basis for
cases involving domestic relationships.
YPD has historically responded to and tracked domestic violence incidents in a very
traditional way. In early 2021, YPD approached its criminal justice and community partners that
also focus on domestic violence to begin a working group. This group has been meeting since
April to better identify and track(with the goal of reducing) intimate partner violence (IPV) in a
coordinated, data-driven way. If funded, we can not only have a person dedicated to furthering
the Coalition (currently it is a side duty of a police lieutenant)but provide our partners additional
resources for their organization's needs to focus on repeat offenders and a coordinated response
to victims, but also get training and technical assistance on specific challenges that we continue
to face.
While YPD and its partner agencies have very recently begun to track intimate partner
violence and the prevalence of firearms in a more systematic way,there is yet to be enough data
to truly understand the problem. Without fully understanding the problem, effective strategies—
at both the offender(prosecution and probation) and victim (police, victim advocates and victim
services) levels -- are challenging. Specifically, in relation to Washington's "red flag" law,
firearms that are not related to the crime that just occurred are difficult to keep as it requires the
cooperation of the offender. For example, if a person slaps his wife, but a gun is in the room, it
can be seized, but because it was not related to that crime, the offender can get it back.
Preliminary analysis shows that approximately 17% of firearms seized were related to DV
incidents. We believe this is an undercount due to poor data collection. As we collect more and
better data in a systematic way, we can better focus on the problems, including our repeat
offenders and those still able to access firearms. Through our efforts to enhance prosecution rates
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and coordinate with our partners, we hope to see in an increase in charges filed and offenders
convicted so they are unable to purchase guns in the future. In addition, through increased victim
education, community awareness and services to the most vulnerable, we feel we can have an
impact on overall intimate partner violence.
Various efforts have existed over the years to collaborate on domestic violence. Albeit this is
the first collective effort that has operational, executive and community-based components and
support. In 2015, a county-wide, coordinated community response team developed a process that
included a foundational effort to investigate, prosecute and advocate in a consistent manner. This
effort produced the first county-wide protocol on domestic violence. Since this effort, no
additional strategic efforts on reducing domestic violence have occurred and none specific to the
intersection of firearms and domestic violence.
As noted above, there have not been any previous official collaborations relating to domestic
violence, although YPD has worked closely with the YWCA, whose efforts aim to reduce racism
and empower women. While not related to the domestic violence work, YPD also has strong
partnerships with the Hispanic Chamber of Commerce, Dispute Resolution Center, and various
other community groups that aim to serve marginalized communities. Additionally, YPD has
partnered on efforts with advocates for Missing and Murdered Indigenous Women.
YPD has had an excellent and longstanding relationship with several federal entities involved
in this work. Since 2018, through Project Safe Neighborhoods, we have worked with the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF),the U.S. Marshal's Office and the U.S.
Attorneys Office for the Eastern District of Washington (USAO-EDW) on reducing gun-related
crime in Yakima. One of the highlights was Operation Invictus, a 15-week long joint federal,
state, local and tribal law enforcement initiative that resulted in 246 arrests of fugitives and
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violent offenders in Yakima County. In addition, YPD works closely with several federal law
enforcement partners. ATF assists YPD investigators on bigger firearms cases, including ATF
Trace, NIBIN hits and comparisons, and lab testing. ATF has also assisted YPD with
investigating straw purchasers and helping YPD access the NESS system for NIBIN hits and
Crime Guns. Federal law enforcement agencies have brought several Yakima gun cases to the
USAO-EDW.
YPD and its partners plan to address two of the Purpose Areas outlined in the solicitation.
1. Coordinated community responses, including multidisciplinary teams, comprehensive victim
services and support centers (co-located services), and interdisciplinary policy development
to address the intersection of firearms and domestic violence.
2. Enhanced prosecution responses, including centralized units, specialized training, and policy
and protocol development to address the intersection of firearms and domestic violence.
Section 2: What Will Be Done
Our approach for this project is multi-faceted and overlapping with a focus on holding
offenders accountable (through enhanced prosecution and probation)while protecting the safety
of victims. This will all be done through a community-based, coordinated effort. Specific
strategies that we plan to use are:
• Creation of a multi-disciplinary team. Our current DV Workgroup will be expanded and
memorialized into the Yakima DV Coalition.
• Enhanced prosecution. This will be accomplished through specialized prosecutors and
victim advocates (at both the municipal and county levels).
• Increased victim education and outreach. Using techniques such as texting, social media
campaigns, proactive contacts and community awareness such as billboards, we plan to
connect and assist more victims.
• Data sharing and analysis. We plan to not only collect more and better data, but bring
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together the silos from police, prosecution and probation(at a minimum)to help us truly
understand the IPV problem. See Figure 1 below.
• Learning from experts. We hope to bring in subject matter experts for training to the
group as well as individual partners specialties such as victim services with YWCA.
These will be identified by Yakima as well as OVW.
• Learning from others. We will connect with other jurisdictions that have done related
strategies via phone, email and site visits. This includes previous FTAP sites (Spokane
especially), Washington cities and counties due to similar laws, and other cities such as
San Diego for their enforcement of the "red flag"laws and DV texting program.
• Helping the children. We are adopting "Handle with Care"1 and working with the schools
(a member of our Coalition)to assist children who are exposed to domestic violence.
FIGURE 1: INTEGRATING DISPARATE DATA SETS
Patrol
Lethality
Assessment
Prosecution
Better
IPV understanding
Dashboard of IPV in
Yakima
Probation/
Community
Supervision
Detective
Info
Included in our approach will be all activities that are mandatory program requirements. In
addition to the Site Coordinator position that will be hired and the multi-disciplinary team that
will be formed which are described here and in other sections, these include:
1. OVW-sponsored training and technical assistance (TTA).
For more information on Handle with Care, see https:llwww.acfhhs.govlfysbinewslhandle-care.
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2. An OVW program assessment or evaluation.
3. Work with OVW designated TTA providers and project partners to develop and address
project goals and objectives.
4. Actively engage in required TTA specific to FTAP, as well as attend other required
OVW TTA.
5. Attend All-Sites Meetings, webinars, and learning exchanges, and host on-site visits for
OVW designated TTA providers and OVW.
6. Participate in the six-month project planning period with OVW and TTA providers and
submit a work plan outlining the remaining 30 months of project activities.
YPD and its partners will measure its progress in achieving the project goals through
performance progress reports and a logic model (included as an attachment). Our short-term
outcomes that we hope to achieve are: 1)the current DV Workgroup becomes an official
Coalition; 2) we have the ability to accurately track intimate partner violence; 3)Police,
Prosecutors, Probation and Victim Advocates/Service providers are more aware of the needs of
victims; and 4) Victims are more satisfied with the criminal justice system and willing to
participate and seek assistance in the system. The median-term outcomes are: 1)the Coalition
expands beyond current members; 2) a better understanding of the problem of IPV in Yakima
across criminal justice and social service/victim assistance; 3) our response to IPV calls and
crimes are trauma-informed and we have improved reporting; and 4) an increase in the number
of victims willing to testify and use services. Lastly, our long-term impact that we hope to
achieve is a reduction in domestic violence, in particular firearm-related and repeat.
YPD and its partners will move to project sustainability within the DV Coalition as well as
well as within each's individual organization. For the Coalition, we will establish legal
documents around roles and responsibilities, data sharing and common goals. This will assist in
the commitment of existing organizations and other organizations that choose to join at a later
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date. We will also work to create a Coalition Executive Director position modeled after this
project coordinator position. Within each partner organization, sustainability may look a little
different. This may be the creation of permanent DV positions, changes in policies and
procedures, and new means and processes for collecting and analyzing data.
The safety needs of DV victims are a top priority for YPD and its partners. In addition to
traditional means of assisting crime victims from the report through the criminal justice system,
our team has recently put new processes in place in Yakima. We are committed to enhancing and
expanding these victim-focused processes and making them long-lasting through the funding and
the TTA that this project will provide.
The project goals, objectives and activities will be achieved over our 36-month timeline.
During the l'year, we plan to hire our site/project coordinator, convert our DV Workgroup into
an official coalition, identify data and system needs and analyze data currently available. The 2nd
year will be spent refining our plans and implementing strategies. During the final year, we will
work to make the project sustainable via the creation of the permanent positions and finalizing
data and technology enhancements. Throughout the three years, we will receive TTA, attend
relevant training and conferences and do peer exchange site visits to jurisdictions who have been
successful with similar strategies. In addition, we will evaluate our efforts and develop final
reports and products to assist other jurisdictions.
The USAO-EDW will support this project by providing an AUSA to represent on the
Yakima DV Coalition as well as work with YPD and federal law enforcement to review serious
DV cases where the repeat offender is known to use a gun. While the average domestic violence
offender does not meet federal standards for prosecution, the coalition will work with the USAO
to identify and prosecute the worst offenders, especially those that have a history of gun and
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gang involvement. Similar to the other strategies for this project,the process that we create,
including specific guidelines for federal prosecution, will all be documented to assist other
jurisdictions.
YPD and its partners will develop tangible products to assist other jurisdictions addressing
DV. As we began our project earlier this year, we looked to other jurisdictions who assisted us.
For example, we adopted (after modification for our local needs)the handouts from Chula Vista
(CA) Police Department2 and the cooperative agreement language from Spokane (WA) as well
as a mentoring relationship with the Spokane Regional Domestic Violence Coalition(SRDVC).
Through the assistance of SRDVC, we were able to institute the Handle with Care program that
notifies the local school districts of children who have been impacted by domestic violence to
assist their educational needs in a trauma centered manner. In addition to documenting our
process and results, we will share brochures, curriculum,videos and other products that are
developed both for internal use as well as for victims and the larger community.
YPD and its partners will focus on reducing victimization of domestic violence-related
crimes through a multi-prong approach. We plan to develop a more automated means to identify
and track repeat domestic violence offenders (for enhanced prosecution) and victims (for
enhanced service provision). We will continue to coordinate our efforts across the police,
prosecution, probation and victim advocacy to prevent repeats from occurring and reduce the
opportunities for escalation. We will be proactive in focusing on DV from the initial call, instead
of the traditional response of a crime occurring and an arrest made before the system kicks in.
2 For more information on Chula Vista's successful efforts to reduce domestic violence, see
https://popcenter.asu.edu/sites/default/files/18-16 chula vista revised.pdf and
https://www.taylorfrancis.com/chapters/edit/10.4324/97804294573 57-10/domestic-violence-chula-vista-
california-karin-schmerler-deborah-lamm-weisel-julie-wartell.
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Our project aims to reach all domestic violence victims,with a particular focus on repeat
victims, firearm-related victims and marginalized victims. Yakima has a very large Spanish-
speaking population, and we are creating additional avenues to reach them through our police
department forms, Spanish-speaking DV Probation Officer and Victim Advocates. Additionally,
with this multi-faceted approach we have begun to address issues of shelter space, as many
victims have nowhere to turn when in crisis. Through this joint operation, police officers in
conjunction with domestic violence shelters, can immediately address needs while on the scene
of a domestic violence service call. This was done previously through a referral process which
did not address the pressing need.
Section 3: Who Will Implement the Proposal
While Yakima Police Department is applying for the grant,the funding will assist our newly
created coalition in moving forward with a coordinated response. The following organizations
and individuals will be involved in the implementation of the project:
• Yakima Police Department, Lieutenant Chad Janis
• Yakima City Prosecution Division, Cynthia Martinez, Senior Assistant City Attorney
• Yakima County Prosecutor's Office, Joseph Brusic,Elected Prosecutor
• Yakima County Probation Department, Donald Loen, Administrative Supervisor
• YWCA of Yakima, Cheri Kilty, Executive Director
YPD has worked closely with the Yakima Legal Department's Prosecution Division(City
Attorney),the Yakima County Prosecuting Attorney's Office (County Prosecutor), and the
Yakima County Probation Department(Probation)for decades on felony and misdemeanor
crime cases via the traditional criminal justice system. The YWCA and YPD have worked
together for many years providing trainings for law enforcement recruits on domestic violence,
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and working in conjunction with the other law enforcement agencies, courts and prosecutors to
develop a streamlined way for collecting information across Yakima County. Additionally,
YWCA works with the criminal justice partners assisting victims on their cases, from the initial
crime through the court process.
Over the last six months, individuals from each of these partner agencies have come together
as part of a domestic violence workgroup with the goal of ultimately reducing the rate of
domestic violence victimization in Yakima via evidence-based policies,training and awareness
and collaborative decision-making based on data and analysis. Through monthly meetings, and a
special workshop on data availability and integration, the working group partners have begun to
think about domestic violence crime jointly instead of in the traditional silos. In addition to the
meetings, the DV Workgroup partners are regularly meeting and communicating regarding cases
and policies to best serve the victims.
YPD will provide enhanced domestic violence-related call response and crime investigation
and a dedicated detective to victims of domestic violence and dating violence including:
responding to calls as a high priority; doing a thorough crime report and investigation and
arresting suspects when there is probable cause. YPD patrol officers will complete a lethality
assessment in addition to the crime report taken for all other crimes, and detectives will track
cases and collect information as a supplement to their investigation. An interactive dashboard will
be developed to share data across the partner agencies, and Lieutenant Janis will continue to lead
the DV Workgroup.
The City Attorney will provide enhanced prosecution of misdemeanor DV offenses, 2
dedicated prosecutors and a domestic violence advocate to victims of domestic violence and
dating violence including: misdemeanor domestic violence (DV) crimes include DV assault 3,
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DV harassment, DV malicious mischief 4, violation of DV protective Orders, committing an act
of DV in front of a minor child(new statute that came from the work of the recently created
Workgroup), and DV and non DV stalking. The Prosecution Division will commit resources to
forming a specialized domestic violence unit; focus on prohibiting offenders who possess
firearms during the case, and enhancing prosecution efforts. Cynthia Martinez has led other large
Division projects, including implementation of a paperless office environment, a Charging Unit
and a Community Diversion Program to address repeat offenders with drug use at the root of the
criminal behavior. The Division is excited to make changes that will increase victim safety and
hold offenders accountable.
The County Prosecutor will provide enhanced prosecution of felony DV offenses in the
following ways: a dedicated deputy prosecuting attorney and victim/witness representative to DV
victims; accelerate the charging decision by increasing the determination of felony versus
misdemeanor cases as soon as possible after the crime occurs; and focusing specifically on
domestic violence offenders who possess firearms during these crimes. The DV attorney and
victim/witness representative will continue to work with victims of DV, especially as it relates to
violations of court orders prohibiting firearms, harassment and violations of No Contact Orders. A
policy will be developed surrounding plea negotiations and offers which would be reviewed by
the Elected Prosecutor before plea offers are made to defendants who commit DV using a firearm
as well as include the development and support of an enhanced "urgent victim notification system"
as an enhancement to the current tracking system. Finally,the County Prosecutor would strive
to enhance its collection of DV data. Enhanced partnerships between the County Prosecutor
and community victim advocates would continue to include coordinating efforts to increase
victim awareness, safety and understanding of the cycle of domestic violence.
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Probation will provide a dedicated probation officer to support victims of DV via the
supervision of the offenders. The dedicated probation officer's caseload will consist solely of DV
cases from Municipal Court and will share probation-related information to the project partners.
YPD DV reports will be scanned daily for new offenses. When a new offense is discovered, the
probation officer will send a violation report to Municipal Court immediately. Additionally,
Probation has designated a second, Spanish speaking probation officer to supervise the Spanish
speaking only cases. Administrative Supervisor Donald Loen, working with the DV-specific
Probation officers, has been a key partner on the DV Workgroup since its inception.
The YWCA will provide education and services to victims of DV including: healthy
relationships education through our domestic violence education clinic; healthy relationships
media campaign; information on services, education and safety planning on domestic violence
for victims, both one on one and in groups; and domestic violence education for community
groups. The YWCA recently created a dedicated hotline for YPD DV victims and continues to
be a vital partner in these efforts. Cheri Kilty, who has overseen numerous, similar large-scale
programs will continue to play a very active role to contribute to this project's success.3
The Site/Project Coordinator will lead the interdisciplinary management team responsible for
implementation of this project. The Site Coordinator will also ensure that the planned activities,
objectives and goals are being accomplished and serve as the liaison across the partner agencies
and organizations. This person will be hired specifically for this project. The type of person we
are looking to hire will have experience working on domestic violence-related initiatives, project
management skills and be a critical thinker. Additionally, experience serving in marginalized
communities as well as a distinct awareness of various cultures is essential.
3 Job descriptions for the key personnel from the five partner agencies are included as an attachment.
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In addition to the key partners that are included in the MOU, other members of the coalition
that will serve on the interdisciplinary management team include: Yakima Municipal Corrections
(Jail Services)-Commander Maritza Davis; Washington State Department of Corrections-CCO
Maria Valencia; Yakima School District-Assistant Superintendent Stacey Locke; Educational
Service District 105-Emily Nelson; and Comprehensive Healthcare-Vice President Chris
DeVilleneuve.
Each day, personnel from six agencies meet and triage the IPV cases from the previous 24-
hours. This includes DV Detectives from YPD, Legal Advocates from YWCA, Community
Violence Prosecutors and a Victim Advocate from the City Prosecutor, Special Assault
Prosecutors from the County Prosecutor, IPV Probation Officers (both English and Spanish)
from County Probation, Community Corrections Officers from Washington State Department of
Corrections, and Mental Health Providers from Comprehensive Healthcare. After triaging,they
discuss the lethality, evidence, and most suitable manner to address each case. Input from a
mental health perspective to law enforcement weigh in and provide prosecutors a community-
centered approach to decision making. While the school district does not participate in these
daily meetings, it does receive a"handle with care"report of any child who witnessed or
experienced the previous day's DV incidents.
Yakima Police Department Administrative Lieutenant Tory Adams will oversee the
documentation of the site's FTAP efforts. The newly hired Project Coordinator will be
responsible for day-to-day documentation.
There may be some overlap between this project and Project Safe Neighborhoods (PSN)
which focuses on violent offenders, especially gang and firearms involved. As mentioned above,
Yakima Police Department has worked closely on PSN with ATF and the USAO-EDW as well
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as the local prosecutors, probation and the Dispute Resolution Center. If we have serious
domestic violence offenders that may also fit the criteria for PSN, we plan to coordinate our
efforts on enhancing prosecution and protecting victims.
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Reducing IPV in Yakima through
Coordinated Community and Enhanced Prosecution Responses
KEY PERSONNEL JOB DESCRIPTIONS
Chad Janis, Lieutenant, Yakima Police
The Yakima Police Department rank structure consists of Officers, Sergeants, Lieutenants,
Captains, and the Chief of Police. There are two main divisions (Patrol and Detectives)
commanded by Captains. The Administrative Division is supervised by the Chief of Police. At
the pleasure of the Chief, a lieutenant is assigned to administrative duties, such as training,
grants, and various other administrative duties. The Internal Affairs Unit is a unit that works
directly for the Chief of Police who appoints a Lieutenant as the commander of the
unit. Administrative and Internal Affairs lieutenants are more unique and are assigned duties by
the Chief of Police. Chad Janis is currently assigned to Internal Affairs as well as overseeing the
Domestic Violence Project and recently formed Coalition.
Donald Loen, Administrative Supervisor,Yakima Probation
Under the general direction of the District Court Manager, the Administrative Supervisor is
responsible for the day-to-day management of District Court Probation and program operations
unit. Assigns reviews and supervises the work of professional probation officers and case
managers. Responds to complaints and issues involving clients, staff. Recruits, interviews and
recommends employees for hire; measures effectiveness of work performance; writes
performance reviews; makes and implements decisions regarding progressive discipline up to
suspension and makes recommendations to manager for suspension or termination; coordinates
case assignments and monitors accuracy of risk assessments and level of appropriate supervision
by probation officers and case managers. Provides annual training for professional staff
consistent with professional development as well as regular training and cross training
throughout the year. Participates in the development or modification of policy and procedures
and ensures policies, procedures and program delivery are in compliance with state and local
laws and regulations. Plans, develops, implements and monitors evidence-based programs such
as DUI Court; Relicensing Program, Defensive Driving Program, and a variety of other
treatment, intervention and prevention programs to enhance compliance and rehabilitation of
probationers. Compiles and analyzes client data with regard to program delivery to evaluate
results with respect to recidivism and rehabilitation success; prepares and presents complex
reports with regard to probation caseloads, program outcomes, as well as expense and revenue
budget reports and federal and state grant reports; makes programming or supervision
recommendations for changes based programmatic analysis of data. Negotiate contracts with
other governmental or local agencies such as schools and work places in the community to
provide evidence-based programs to at risk groups in an effort to prevent criminal behavior as
well as supplement the probation department's program budget. Educates county judges,
prosecutors, defense attorneys and other departments and community organizations about
rehabilitation and prevention programs. Acts as liaison for department with County Judges,
County Prosecutors, Court Managers of District and Superior Courts in Yakima County and
participates in multi-court level management meetings. Make recommendations to the manager
in long ranging planning for programming activities in the department;formulates the
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department's budget and makes decisions regarding expenditures for District Court and
probation matters; researches and applies for grants related to programs for offender
rehabilitation; monitors legislative activity and reports changes in laws to management and line
staff to ensure compliance in delivery of probation services; maintains an ongoing relationship
and dialog with other managers and supervisors in the state probation association to ensure a
high level of coordination and sharing of expertise is provided to the probation department.
Cynthia Martinez, Senior Assistant City Attorney, Yakima Prosecution Division
Exercising considerable independence under limited supervision and direction of the City
Attorney, the Senior Assistant City Attorney performs a variety of complex and specialized legal
functions for one or more departments or divisions within the City; provides legal counsel and
expertise to City officials; represents the City in civil and prosecution litigation, negotiation, and
other legal proceedings. This is the advanced senior level class in the Assistant City Attorney
series. Positions at this level are distinguished from other classes within the series by the level of
responsibility assumed and the complexity of duties assigned. Employees at this level are
required to be fully trained in all procedures related to assigned area of responsibility and
function with a high degree of independence. Employees perform complex and specialized legal
functions requiring considerable experience, discretion, and independent judgment as well as
extensive knowledge of municipal, State and federal laws. Cynthia Martinez manages the
Division and is an experienced Prosecutor who has managed the Division for the past 17 years.
Cheri Kilty, Executive Director, YWCA of Yakima
The Executive Director is responsible for managing and coordinating all activities related to the
operation of the YWCA as guided by the vision and goals of the YWCA Board of Directors.
Duties include:
• organizational communication—within and among various groups, increase visibility and
use of resources and services, provide support to committees, and work with board and
staff on planning
• board communication—attend meetings, implement actions, and report financial and
program statuses
• administrative/financial—develop and monitor budget, administer business operations,
ensure compliance with reporting requirements, and work with attorneys on legal matters
• management-family crisis center and transitional housing, evaluate organizational
activities, staff and office operations
• fund development—seek funding sources and opportunities, direct proposal development
and oversee fund development activities
• public relations —serve as spokesperson for the organization, assure a public information
and awareness program, oversee publications, and help grow the major donor base
Cheri has spent 30 years leading domestic violence and homeless housing organizations.
Joseph Brusic, Elected Prosecutor, Yakima County Prosecutor's Office
The Yakima County Prosecutor's Office represents Washington State and Yakima County in all
felony criminal cases in Yakima County as well as all misdemeanors and infractions that take
place in the unincorporated parts of the county. The elected prosecutor represents Yakima
County in claims against the county as well as advises the various elected officials and
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departments of Yakima County in legal matters. The Yakima County Prosecutor also represents
civil actions relating to support, parentage and visitation for dependent children in Yakima,
Grant and Kittitas counties. The Prosecutor's Office also enforces court orders and pursues legal
actions to collect child support payments from absent parents, including the use of criminal
nonsupport and paternity actions. The Yakima County Prosecutor is the executive head of an
office that employs approximately 90 people with including 35 attorneys. This office currently
has five dedicated Sexual Assault& Domestic Violence Deputy Prosecutors with a
Victim/Witness Division that assist the attorneys in every case. The elected prosecutor sets
policy for the entire office and delegates direct supervision to Division Managers who routinely
meet with the prosecutor to discuss protocols, procedures, analyze cases and provide overall case
management. The elected prosecutor is involved with all law enforcement agencies in Yakima
County and takes an active role in all aspects of criminal and civil justice involving the
municipalities and social agencies that serve Yakima County residents. The elected prosecutor is
routinely consulted by all agencies dealing with domestic violence and firearm issues. Joseph
Brusic was elected the Yakima County Prosecutor in 2014. He has been a Washington State
licensed attorney for over 32 years with 19 of those years in two county prosecutor's offices.
LOGIC MODEL
Activitie Outputs (Annual) Short-term Outcomes (1 Medium-term Outcomes Long-term
year) (2 yrs)
What needs to be done to How do we know we are What knowledge, skills, What behaviors, practices What long-term
implement your strategies? doing the work? capacity or perceptions or systems will change? population
will change? conditions will
' change?
Establish protocols and Protocols, legal documents Current DV Workgroup Coalition expands beyond
documentation to make the and other documentation is an official Coalition. current members.
Coalition official and long- created.
lasting
Create a means for all Systems created and stats Ability to accurately track Better understanding of the
agencies to collect data and can be generated. intimate partner violence. problem of IPV across
share relevant information. criminal justice and social
service/victim assistance. A reduction in
Attend conferences and Level of knowledge Police, Prosecutors, Response to IPV calls and domestic violence,
training and conduct peer site increases for personnel and Probation and Victim crimes are trauma-informed in particular
visits organizations Advocates/Service and improved reporting firearm-related and
providers are more aware repeat.
of the needs of victims
Provide an increased level of Victim surveys and Victims are more satisfied Increase of victims willing
outreach and services to interactions with the criminal justice to testify and use services
victims of DV system and willing to
participate and seek
assistance