HomeMy WebLinkAboutYakima County - STOP Violence Against Women Grant Agreement FACE SHEET
Grant Number: F15- 31103 -037
STOP VIOLENCE AGAINST WOMEN
FACE SHEET
1. Grantee 2. Federal Funding Award Information
Yakima Police Department Federal Award Date: 09/23/2015
200 S 3rd St Federal Award Identification Number (FAIN): 2015 -WF -AX -0033
Yakima, WA 98901 Total Amount of Federal Award: $2,898,100
Awarding Official: Bea Hanson, Principal Deputy Director
3. Grantee Representative 4. Yakima County Sheriff's Representative
Randy Baker Dan Cypher PO Box 1388
Detective Detective 1822 S 1st St
Phone: (509) 576 -6675 Phone: 509 - 574 -2500 Yakima, WA 98907
Fax: Fax:
randy.baker(a�yakimawa.gov dan.cycher a(�co.yakima.wa.us
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$10,986.00 Federal: ® State: ❑ Other: ❑ N /A: ❑ 1/1/2016 12/31/2016
9. Federal Funds (as applicable) Federal Agency CFDA Number
2015 -WF -AX -0033 Department of Justice, Office 16.588
on Violence Against Women
10. Tax ID# 11.SWV# 12. DUNS# 13. Indirect Rate
078212651 n/a
14. Grant Purpose
FFY 2015 STOP Violence Against Women Grant Program supports activities that improve the community response to
violence against women.
SHERIFF, defined as the Yakima County Sheriff's Office, and the Grantee, as defined above, acknowledge and accept
the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and
year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the
following other documents incorporated by reference: Grantee Terms and Conditions including Attachment A —
Copyright Provisions; Attachment B — Standard Assurances; Attachment C — Equal Employment Opportunity Plan
Certification; Attachment D - Civil Rights Requirements and Non - Supplanting Certification; Attachment E — Restrictions
and Certifications Regarding Non - Disclosure Agreements; Attachment F - Scope of Work; Attachment G — Budget; and
Grantee's Application for Funding as submitted and approved by SHERIFF.
FOR GRANTEE BOARD OF YAKIMA COUNTY COMMISSIONERS
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Sig n urj Michael D. Leita, Chairman
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Title �' :.uchey, Commissioner
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Tiera L. Girard, C1er of the Board l ,r Pr t}r Attorn BOGG 117 201'6'
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General Grant Federal � 4 i1 N >.1,% % 4 1' 1
•
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Grantee agrees that any publications (written, visual, or sound) issued by Grantee describing
programs or projects funded in whole or in part with federal funds under this Grant and shall contain
the following statements:
"This project was supported by subgrant No. F15- 31103 -037 awarded by the state administering office
for the STOP Formula Grant Program. Points of view in this document are those of the author and do
not necessarily represent the official position of the state or the U.S. Department of Justice, Office on
Violence Against Women. Grant funds are administered by the Office of Crime Victims Advocacy,
Community Services and Housing Division, Washington State Department of Commerce."
2. ASSOCIATION OF COMMUNITY ORGANIZATIONS (ACORN)
Grantee agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries, without the express prior written approval of OVW.
3. BILLING PROCEDURES AND PAYMENT
The Grantee shall submit all requests for reimbursement to the Yakima County Sheriff's Office.
Invoices shall be submitted at least quarterly, but not more often than monthly. The Invoice Voucher
shall be submitted to Marsha Graf, Senior Accountant, Yakima County Sheriff's Office, P 0 Box 1388,
Yakima, WA 98907.
COOMERCE will pay Grantee upon acceptance of program activities provided and receipt of properly
completed invoices.
Payment shall be considered timely if made by SHERIFF within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Grantee.
SHERIFF may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by SHERIFF.
Duplication of Billed Costs
The Grantee shall not bill SHERIFF for services performed under this Grant, and SHERIFF shall not
pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source,
including grants, for that service
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrants /subcontracts.
4. COMPENSATION
SHERIFF shall pay an amount not to exceed $10,986.00 for the performance of all things necessary
for or incidental to the performance of work as set forth in Attachment F — Scope of Work. Grantee's
compensation for services rendered shall be in accordance with Attachment G — Budget.
Grantee shall provide a non - federal match. The total match to be provided shall be at least $3,662.00
unless otherwise agreed upon and fulfilled by STOP Grant county partners. Match funds may be
expended in a greater proportion to grant funds, however, all match funds must be expended prior to
the close of this Grant. An expended amount of match funds must be identified on the invoice
voucher form provided by SHERIFF.
General Grant Federal 2
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
Transfer of any amount between line item budget categories must be approved by the Office of Crime
Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10)
percent of the total program budget shall be subject to justification and negotiation of an amendment
by Grantee and SHERIFF.
Payment will be on a reimbursement basis only.
Consultant fees may not exceed $650 per day (excluding travel and subsistence costs) for an eight -
hour day or may not exceed $81.25 per hour for less than an eight -hour day.
Travel expenses incurred or paid by the Grantee shall be reimbursed at a rate not to exceed the
current state rate and in accordance with the State of Washington Office of Financial Management
Travel Regulations. Travel expenses are included in the maximum grant amount for this Grant.
Current rates for travel may be accessed using the following link:
http: / /www.ofm.wa.gov/ resources /travel /color1015.pdf.
The Grantee agrees to comply with the financial and administrative requirements set forth in the
current edition of the U.S. Department of Justice, Office on Violence Against Women Financial Grants
Management Guide, which can be found using the following link:
http: / /www.justice.gov/ sites / default / files /ovw /pages /attachments /2014/12/17/ovw 2014 fqmq final 1.
pdf.
5. EQUAL OPPORTUNITY TREATMENT FOR FAITH -BASED ORGANIZATIONS
The Grantee agrees to comply with the applicable requirements of 28 CFR Part 38, the Department
of Justice regulation.
6. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for SHERIFF and their contact information are identified on the Face Sheet of
this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
7. GRANT MODIFICATION
Notwithstanding any provision of this Grant to the contrary, at any time during the grant period,
SHERIFF may, by written notification to the Grantee and without notice to any known guarantor or
surety, make changes within the general scope of the program activities to be performed under this
Grant. All other modifications shall not be valid unless made in writing and signed by the parties. Any
oral understandings and agreements not incorporated herein, unless made in writing and signed by
the parties hereto, shall not be binding.
Notwithstanding any provision of this grant to the contrary, at any time during the grant period,
SHERIFF may analyze grant expenditures as a proportion of the grant budget. If SHERIFF
determines, in its sole discretion, that the grant funding is underutilized, SHERIFF, in its sole
discretion, may unilaterally modify the Grant to reduce the balance of the Grant budget. Funds de-
obligated by SHERIFF as a result of a budget reduction may be made available to other grantees for
the provision of eligible program activities.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
8. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee
or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Grantee shall instruct the insurers to give SHERIFF thirty (30) calendar days advance
notice of any insurance cancellation, non - renewal or modification.
The Grantee shall submit to SHERIFF within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the Grantee or its Subgrantee, automobile liability insurance shall
be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. (This provision applies only if the
grantee or subgrantees are using the services of licensed professionals to perform
services described under this Grant.) The Grantee shall maintain Professional Liability or
Errors and Omissions Insurance. The Grantee shall maintain minimum limits of no less than
$1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or
under Grant to the Grantee. The state of Washington, its agents, officers, and employees need
not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured
to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name SHERIFF as beneficiary.
B. Subgrantees /subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantee /subcontractors pursuant to this paragraph shall name the Grantee as beneficiary.
C. The Grantee shall provide, at SHERIFF's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that SHERIFF will be provided thirty (30) days advance written notice of
cancellation.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
Local Government Grantees that Participate in a Self- Insurance Program
Self- Insured /Liability Pool or Self- Insured Risk Management Program — With prior approval from
SHERIFF, the Grantee may provide the coverage above under a self- insured /liability pool or self -
insured risk management program. In order to obtain permission from SHERIFF, the Grantee shall
provide: (1) a description of its self- insurance program, and (2) a certificate and /or letter of coverage
that outlines coverage limits and deductibles. All self- insured risk management programs or self -
insured /liability pool financial reports must comply with Generally Accepted Accounting Principles
(GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards
Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State
Auditor's annual instructions for financial reporting. Grantee's participating in joint risk pools shall
maintain sufficient documentation to support the aggregate claim liability information reported on the
balance sheet. The state of Washington, its agents, and employees need not be named as additional
insured under a self- insured property /liability pool, if the pool is prohibited from naming third parties
as additional insured.
Grantee shall provide annually to SHERIFF a summary of coverages and a letter of self- insurance,
evidencing continued coverage under Grantee's self- insured /liability pool or self- insured risk
management program. Such annual summary of coverage and letter of self- insurance will be
provided on the anniversary of the start date of this Agreement.
9. NEW CIVIL RIGHTS PROVISION
The Grantee shall comply with the Violence Against Women Reauthorization Act of 2013 provision
that prohibits recipients of STOP Grant funding from excluding, denying benefits to, or discriminating
against any person on the basis of actual or perceived race, color, religion, national origin, sex,
gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by
this grant
10. SERVICES TO LIMITED - ENGLISH - PROFICIENT (LEP) PERSONS
To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take
reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful
access may entail providing language assistance services, including interpretation and translation
services, where necessary. Recipients are encouraged to consider the need for language services for
LEP persons served or encountered both in developing their programs and budgets and in
conducting their programs and activities. Reasonable costs associated with providing meaningful
access for LEP individuals are considered allowable program costs. Additional assistance regarding
LEP obligations and information may be found at www.lep.aov.
11. STATUTORY AND REGULATORY REQUIREMENTS
The Grantee agrees to comply with all relevant statutory and regulatory requirements which may
include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103 -322,
Violence Against Women Act of 2000, P.L. 106 -386, Omnibus Crime Control and Safe Streets Act of
1968, 42 U.S.C. 3711 et seq., the Violence Against Women and Department of Justice
Reauthorization Act of 2005, P.L. 109 -162, the Violence Against Women Reauthorization Act of 2013,
P.L. 113 -4, and OVW's implementing regulations at 28 CFR Part 90.
General Grant Federal 5
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, SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Face Sheet
• Special Terms and Conditions
• Attachment A — Copyright Provisions
• Attachment B — Standard Assurances
• Attachment C — Equal Employment Opportunity Plan Certification
• Attachment D — Civil Rights Requirements and Non - Supplanting Certification
• Attachment E — Scope of Work
• Attachment F — Budget
• General Terms and Conditions
• Application for Funding as submitted and approved by COMMERCE
General Grant Federal 6
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to
act on the Director's behalf.
B. "SHERIFF" shall mean the Yakima County Sheriff's Office.
C. "Grant" or "Agreement" means the entire written agreement between SHERIFF and the Grantee,
including any Exhibits, documents, or materials incorporated by reference. E -mail or Facsimile
transmission of a signed copy of this grant shall be the same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the Grantee.
E. "Modified Total Direct Costs (MTDC" shall mean all direct salaries and wages, applicable fringe
benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward
(regardless of the period of performance of the subawards under the award). MTDC excludes
equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each subaward in
excess of $25,000.
F. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
G. "State" shall mean the state of Washington.
H. "Subgrantee" shall mean one not in the employment of the Grantee, who is performing all or part
of those services under this Grant under a separate contract with the Grantee. The terms
"subgrantee" and "subgrantees" mean subgrantee(s) in any tier.
I. "Subrecipient" shall mean a non - federal entity that expends federal awards received from a pass -
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and /or services in the course of normal trade or commerce.
J. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
SHERIFF; provides services under the grant only to those beneficiaries individually determined to
be eligible by SHERIFF and, provides services on a fee - for - service or per -unit basis with
contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the Grantee's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by SHERIFF.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
General Grant Federal 7
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, also referred to
as the "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of SHERIFF.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs.
9. AUDIT
A. General Requirements
Grantees are to procure audit services based on the following guidelines.
The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and
shall ensure that Subgrantees also maintain auditable records.
The Grantee is responsible for any audit exceptions incurred by its own organization or that of its
Subgrantees.
SHERIFF reserves the right to recover from the Grantee all disallowed costs resulting from the
audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Grantee must respond to SHERIFF requests for information or
corrective action concerning audit issues within thirty (30) days of the date of request.
B. Federal Funds Requirements — 2 CFR Part 200
Grantees expending $750,000 or more in a fiscal year in federal funds from all sources, direct
and indirect, are required to have an audit conducted in accordance with 2 CFR Part 200. When
state funds are also to be paid under this Agreement a Schedule of State Financial Assistance as
well as the required schedule of Federal Expenditure must be included. Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying contract numbers
Catalog of Federal Domestic Assistance (CFDA) number (if applicable)
Grantor contract number
Total award amount including amendments (total grant award)
Current year expenditures
If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct
the audit. Audits of non - profit organizations are to be conducted by a certified public accountant
selected by the Grantee in accordance with 2 CFR Part 200.
General Grant Federal 8
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
The Grantee shall include the above audit requirements in any subcontracts.
In any case, the Grantee's financial records must be available for review by SHERIFF.
C. Documentation Requirements
The Grantee must send a copy of any required audit Reporting Package as described in 2 CFR,
Part 200 no later than nine (9) months after the end of the Grantee's fiscal year(s) by sending a
scanned copy to:
Yakima County Sheriff's Office
P O Box 1388
Yakima, WA 98907
In addition to sending a copy of the audit, when applicable, the Grantor must include:
• Corrective action plan for audit findings within three (3) months of the audit being received by
SHERIFF.
• Copy of the Management Letter.
10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION — PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three -year period preceding this Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, state, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) of this section; and
4. Have not within a three -year period preceding the signing of this Grant had one or more
public transactions (Federal, state, or local) terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by SHERIFF.
D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
LOWER TIER COVERED TRANSACTIONS
a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
Grantee shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact SHERIFF for assistance in
obtaining a copy of these regulations.
11. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by SHERIFF that is designated as "confidential" by
SHERIFF;
2. All material produced by the Grantee that is designated as "confidential" by SHERIFF; and
3. All personal information in the possession of the Grantee that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA)
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of SHERIFF or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Grantee shall provide SHERIFF with its policies and procedures on confidentiality. SHERIFF
may require changes to such policies and procedures as they apply to this Grant whenever
SHERIFF reasonably determines that changes are necessary to prevent unauthorized
disclosures. The Grantee shall make the changes within the time period specified by SHERIFF.
Upon request, the Grantee shall immediately return to SHERIFF any Confidential Information that
SHERIFF reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify SHERIFF within five (5) working days
of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapter 42.52 RCW; or any similar statute involving the GRANTEE in the procurement of, or
performance under this Grant.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subgrantees(s) must identify any
General Grant Federal 10
GENERAL TERMS AND CONDITIONS
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FEDERAL FUNDS
state of Washington employees or former state employees employed or on the firm's governing board
during the past 24 months. Identify the individual by name, the agency previously or currently
employed by, job title or position held, and separation date. If it is determined by COMMERCE that a
conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award
of a contract.
In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant by the
GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive
and are in addition to any other rights and remedies provided by law. The existence of facts upon
which COMMERCE makes any determination under this clause shall be an issue and may be
reviewed as provided in the "Disputes" clause of this Grant.
13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by SHERIFF. SHERIFF shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all
Materials, including all intellectual property rights, moral rights, and rights of publicity to SHERIFF
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and /or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre- existing materials not
produced under the Grant, the Grantee hereby grants to SHERIFF a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to SHERIFF.
The Grantee shall exert all reasonable effort to advise SHERIFF, at the time of delivery of Materials
furnished under this Grant, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The Grantee
shall provide SHERIFF with prompt written notice of each notice or claim of infringement received by
the Grantee with respect to any Materials delivered under this Grant. SHERIFF shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
14. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with COMMERCE's
Director, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Grantee's name, address, and Grant number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
General Grant Federal 11
�.. GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi - judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi - judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
15. DUPLICATE PAYMENT
SHERIFF shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other contract or agreement, for the same services or
expenses.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, SHERIFF, agencies of the state and all officials, agents and employees of the
state, from and against all claims for injuries or death arising out of or resulting from the performance
of the grant. "Claim" as used in this grant, means any financial loss, claim, suite, action, damage, or
expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease,
or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subgrantee or its employees.
The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to the Grantee 's or any subgrantee's performance or failure to perform the grant.
The Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or
reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees
and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
Grantee and its employees or agents performing under this Grant are not employees or agents of the
state of Washington or SHERIFF. The Grantee will not hold itself out as or claim to be an officer or
employee of SHERIFF or of the state of Washington by reason hereof, nor will the Grantee make any
claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct
and control of the work will be solely with the Grantee.
General Grant Federal 12
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
19. INDIRECT COSTS
The Grantee shall provide their indirect cost rate that has been negotiated between their entity and
the Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified
total direct costs (MTDC) may be used.
20. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, SHERIFF may collect from the Grantee the full amount
payable to the Industrial Insurance Accident Fund. SHERIFF may deduct the amount owed by the
Grantee to the accident fund from the amount payable to the Grantee by SHERIFF under this Grant,
and transmit the deducted amount to the Department of Labor and Industries, (L &I) Division of
Insurance Services. This provision does not waive any of L &I's rights to collect from the Grantee.
21. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to:
United States Laws, Regulations and Circulars (Federal)
A. Audits
2 CFR Part 200
B. Labor and Safety Standards
Convict Labor, 18 U.S.C. 751, 752, 4081, 4082.
Drug -Free Workplace Act of 1988, 41 USC 701 et seq.
Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.
Work Hours and Safety Act of 1962, 40 U.S.C. 327 -330 and Department of Labor Regulations, 29
CFR Part 5.
C. Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94 -135, 42 U.S.C. 6101 -07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
Americans with Disabilities Act of 1990, Public Law 101 -336.
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375
and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
Employment under Federal Contracts, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793.
Nondiscrimination under Federal Grants, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794.
Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631.
Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551.
Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a).
Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88 -352, 42
U.S.C. 2002d et seq, 24 CFR Part 1.
Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88 -352.
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60.
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR
570.607(b)).
D. Office of Management and Budget Circulars
General Grant Federal 13
.. GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
2 CFR Parts 200, 215, 220, 225, and 230.
E. Other
Anti - Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51 -54.
Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal
Register 1, Vol. 54, No. 243 \Wednesday, December 20, 1989.
Hatch Political Activity Act, 5 U.S.C. 1501 -8.
Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti - Lobbying
Amendment). 31 U.S.C. 1352 provides that Grantees who apply or bid for an award of $100,000
or more must file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose
any lobbying with non - Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
Non - supplantation, 28 CFR Sec. 90.18.
Section 8 Housing Assistance Payments Program.
F. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (1).
B. Boards of directors or officers of non - profit corporations — Liability - Limitations, RCW 4.24.264.
C. Disclosure- campaign finances - lobbying, Chapter 42.17 RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
22. LICENSING, ACCREDITATION, AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this Grant is not effective or binding unless made
in writing and signed the Agent.
General Grant Federal 14
. _ GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non - compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
Grants with the state. The Grantee shall, however, be given a reasonable time in which to cure this
noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
25. POLITICAL ACTIVITIES
Political activity of Grantee employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used under this Grant for working for or against ballot measures or for or against
the candidacy of any person for public office.
26. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Grantee which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant.
The Grantee's procurement system should include at least the following:
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of Grants using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide,
to the maximum extent practical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items.
b. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c. Positive efforts shall be made to use small and minority -owned businesses.
d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the
Grantee, but must be appropriate for the particular procurement and for promoting the best
interest of the program involved.
e. Subgrants shall be made only with reasonable Subgrantees who possess the potential ability
to perform successfully under the terms and conditions of the proposed procurement.
f. Some form of price or cost analysis should be performed in connection with every
procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Grantees selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
h. A system for Grant administration to ensure Grantee conformance with terms, conditions and
specifications of this Grant, and to ensure adequate and timely follow -up of all purchases.
4. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds from
this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received
when value of this Grant is expected to exceed $5,000.
General Grant Federal 15
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
Prior approval requests shall include a copy of proposed Grants and any related procurement
documents and justification for non - competitive procurement, if applicable.
27. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or SHERIFF's name may reasonably be inferred or implied, without the
prior written consent of SHERIFF.
28. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and /or the provisions of this Grant, SHERIFF reserves the right to recapture funds in an amount to
compensate SHERIFF for the noncompliance in addition to any other remedies available at law or in
equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by SHERIFF. In the alternative, SHERIFF may recapture such funds from payments due
under this Grant.
29. RECORDS MAINTENANCE
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
Grantee shall retain such records for a period of six years following the date of final payment. At no
additional cost, these records, including materials generated under the Grant, shall be subject at all
reasonable times to inspection, review or audit by SHERIFF, personnel duly authorized by SHERIFF,
the Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
30. RIGHT OF INSPECTION
The Grantee shall provide right of access to its facilities to SHERIFF, or any of its officers, or to any
other authorized agency or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and /or quality
assurance under this Grant.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, SHERIFF may terminate the
Grant under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
32. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
General Grant Federal 16
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
33. SITE SECURITY
While on SHERIFF premises, Grantee, its agents, employees, or subcontractors shall conform in all
respects with physical, fire or other security policies or regulations.
34. SUBGRANTING /SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of SHERIFF.
If SHERIFF approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
SHERIFF in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or
(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The
Grantee is responsible to SHERIFF if the Subcontractor fails to comply with any applicable term or
condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to
assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to
release or reduce the liability of the Grantee to SHERIFF for any breach in the performance of the
Grantee's duties.
Every subcontract shall include a term that SHERIFF and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
35. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
36. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
37. TERMINATION FOR CAUSE
In event SHERIFF determines that the Grantee failed to comply with any term or condition of this
Grant in a timely manner, SHERIFF has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, SHERIFF shall notify the Grantee in writing of the need to take
corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
SHERIFF reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit
the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by SHERIFF to
terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of SHERIFF provided in this Grant are not exclusive and are, in addition to
any other rights and remedies, provided by law.
General Grant Federal 17
. GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant SHERIFF may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is
so terminated, the Grantor shall be liable only for payment required under the terms of this Grant for
services rendered or goods delivered prior to the effective date of termination.
39. TERMINATION PROCEDURES
Upon termination of this Grant, SHERIFF, in addition to any other rights provided in this Grant, may
require the Grantee to deliver to SHERIFF any property specifically produced or acquired for the
performance of such part of this Grant as has been terminated. The provisions of the "Treatment of
Assets" clause shall apply in such property transfer.
SHERIFF shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by SHERIFF, and the amount agreed upon by the Grantee and SHERIFF for
(i) completed work and services for which no separate price is stated, (ii) partially completed work and
services, (iii) other property or services that are accepted by SHERIFF, and (iv) the protection and
preservation of property, unless the termination is for default, in which case SHERIFF shall determine
the extent of the liability of SHERIFF. Failure to agree with such determination shall be a dispute
within the meaning of the "Disputes" clause of this Grant. SHERIFF may withhold from any amounts
due the Grantee such sum as SHERIFF determines to be necessary to protect SHERIFF against
potential loss or liability.
The rights and remedies of SHERIFF provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by SHERIFF, the Grantee
shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants /subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to SHERIFF, in the manner, at the times, and to the extent directed by SHERIFF, all of the
rights, title, and interest of the Grantee under the orders and subgrants /subcontracts so
terminated, in which case SHERIFF has the right, at its discretion, to settle or pay any or all
claims arising out of the termination of such orders and subgrants /subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of SHERIFF to the extent SHERIFF may require,
which approval or ratification shall be final for all the purposes of this clause;
5. Transfer title to SHERIFF and deliver in the manner, at the times, and to the extent directed by
SHERIFF any property which, if the Grant had been completed, would have been required to be
furnished to SHERIFF;
6. Complete performance of such part of the work as shall not have been terminated by SHERIFF;
and
7. Take such action as may be necessary, or as SHERIFF may direct, for the protection and
preservation of the property related to this Grant, which is in the possession of the Grantee and in
which SHERIFF has or may acquire an interest.
General Grant Federal 18
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
40. TREATMENT OF ASSETS
Title to all property furnished by SHERIFF shall remain in SHERIFF. Title to all property furnished by
the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost
under this Grant, shall pass to and vest in SHERIFF upon delivery of such property by the Grantee.
Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to
and vest in SHERIFF upon (i) issuance for use of such property in the performance of this Grant, or
(ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of
the cost thereof by SHERIFF in whole or in part, whichever first occurs.
A. Any property of SHERIFF furnished to the Grantee shall, unless otherwise provided herein or
approved by SHERIFF, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of SHERIFF that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any SHERIFF property is lost, destroyed or damaged, the Grantee shall immediately notify
SHERIFF and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to SHERIFF all property of SHERIFF prior to settlement upon
completion, termination or cancellation of this Grant.
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Su bgrantees/Subcontractors.
41. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated
to be such in writing and signed by Authorized Representative of SHERIFF.
General Grant Federal 19
'1'
ATTACHMENT A
Special Condition Regarding Copyright Provisions
The Office on Violence Against Women 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 of this award, for Federal purposes, and to authorize others to do so.
In addition, the Grantee (or sub - recipient, contractor or subcontractor) must obtain advance written approval
from the Office on Violence Against Women program manager assigned to this award, and must comply with
all conditions specified by the program manager in connection with that approval before: 1) using award
funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted
work, or portion thereof, into a new work developed under this award.
It is the responsibility of the Grantee (and of each sub - recipient, contractor or subcontractor as applicable) to
ensure that this condition is included in any sub - award, contract or subcontract under this award.
`' ATTACHMENT B
OMB APPROVAL NO. 1121 -0140
EXPIRES 06/30/2009
• STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including OMB Circulars A -21, A -87, A -102, A -110, A -122, A-
133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70
(administrative requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial
capability (including funds sufficient to pay any required non - federal share of project cost) to ensure
proper planning, management, and completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the financial
assistance.
4. It will comply with all lawful requirements imposed by the awarding agency, specifically including
any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2
C.F.R. § 175.15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C.§
469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any applicable
statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The
Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of
1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C.§ 12131 -34); the Education Amendments of 1972 (20 U.S.C. § §1681,
1683, 1685 -86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); see Ex. Order 13279
(equal protection of the laws for faith -based and community organizations).
7. If a governmental entity —
a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a
result of federal and federally- assisted programs; and
b) it will comply with requirements of 5 U.S.C. §§ 1501 -08 and § §7324 -28, which limit certain
political activities of State or local government employees whose principal employment is in connection
with an activity financed in whole or in part by federal assistance.
45 /3DJff
Signatu Date
ATTACHMENT C
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or S ection B or Sectio C, not all three.
Recipient's Name: City of Yakima Police Department
Address: 200 South Third St. Yakima, WA 98901
Is agency a; ❑ Direct or ® Sub recipient of OJP, OVW or COPS funding? Law Enforcement Agency? ®Yes ❑ No
DUNS Number: 0078212651 Vendor Number (only if direct recipient): N/A
Name and Title of Contact Person:
Tele shone Number: E -Mail Address:
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Section Declaration Cla Exemption from EEOP Submission Requirement and Cert
That an EEOP Is on File for Review
If a recipient has fifty or m
the following (42 C.F.R. § 42.305):
more employees and is receiving a single award or, subaward of $25,000 or more, but less than $500,000, then the recipient
agency does not have to submit an EEOP to the OCR for review as long as it certifies
I, [respons official],
certify that [recipient]
Which has fifty or. more employees and is receiving a single award for $25,000 or more, but less than $500,000, has
formulated an EEOP in accordance with 28 CFR pt. 42, subpt E. I further certify that within the last twenty -four months,
the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is
available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights,
Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office:
[organization],
[address].
Print or T se Name and Title Si •nature Date
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Sec tion C— . -Stating that an 'EEO hort F een S u b mited` ; to -the Office :for C v,><'
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Pi ir or,rTyp Name nn tl 4 , ' „ �„, M1 ; Si gna t ure N .i_; i, t { "" Date't t
,. ,N , ° , 5 ,,. - .. ' .,. : ""a �.ez ,. � . : I':, .w „laE: ": % .. 'e1 ba',�vxc 'ry �w� `��. .n_:'� ._�,'n'r s� 3.i. .,.'x
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MB Control No. 1121 -0340 Expiration Date: 12/31/2015
ATTACHMENT D
CIVIL RIGHTS REQUIREMENTS AND NON - SUPPLANTING CERTIFICATION
1. LIMITED ENGLISH PROFICENCY
To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of
the Civil Rights Act of 1964, grant recipients must take reasonable steps to ensure that persons with
Limited English Proficiency (LEP) have meaningful access to services and legal protections.
Meaningful access may entail providing language assistance services, including oral and written
translation, where necessary. Assistance in understanding grant recipient's obligations under the law
may be found in the. Department of Justice's Guidance to Federal Financial Assistance Regarding
Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency
Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional
assistance regarding LEP obligations and information may be found at www.lep.gov.
2. FEDERAL NON - DISCRIMINATION REQUIREMENTS
The Grantee will comply with any applicable federal nondiscrimination requirements, which may
include:
• the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d);
• the Victims of Crime Act (42 U.S.C. § 10604(e));
• the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
• the Civil Rights Act of 1964 (42 U.S.C. § 2000(d));
• the Rehabilitation Act of 1973 (29 U.S.C. § 794);
• the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131 -34);
• the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685 -86);
• the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07);
• 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal
Employment Opportunity, Policies and Procedures);
• Executive Order 13279 (equal protection of the law for -faith based and community
organizations); and
• 28 C.F.R. Part 37 ((U.S. Department of Justice Regulations — Equal Treatment for Faith
Based Organizations).
The Grantee shall further comply with Federal law prohibiting grant recipients from retaliating against
individuals taking action or participating in action to secure rights protected by federal law.
3. NOTIFICATION OF FINDINGS OF DISCRIMATION OR NON - COMPLIANCE
In the event a state or federal court or a state or federal administrative agency makes a finding of
discrimination after a due process hearing on the basis of actual or perceived race, color, religion,
national origin, sex, gender identity, sexual orientation, age, or disability against the Grantee or a
program partner or participant receiving grant funds, the Grantee will forward a copy of the finding to
the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the
Department of Commerce (COMMERCE).
The Grantee shall include a statement clearly stating whether or not the finding is related to any grant
activity supported with a grant in which U.S. Department of Justice funds are involved, and identify all
open grants utilizing U.S. Department of Justice funding by grant number and program title.
ATTACHMENT D
Page 2 of 2
4. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP)
The Grantee will determine whether it is required to formulate an Equal Employment Opportunity Plan
(EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the Grantee is not required to formulate an
EEOP, it will submit a certificate form to the Washington State Department of Commerce
(COMMERCE) indicating that it is not required to develop an EEOP. If the Grantee is required to
develop an EEOP but not required to submit the EEOP to the OCR, the Grantee will submit a
certification to COMMERCE certifying that it has an EEOP on file which meets the applicable
requirements. If the Grantee is awarded a grant of $500,000 or more and has 50 or more employees,
it will submit a copy of its EEOP to the OCR and COMMERCE. Non - profit organizations, federally
recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP
requirement, but are required to submit a certification form to COMMERCE to claim the exemption.
Information about civil rights obligations of Grantees can be found at http: / /www.oip.usdoj.gov /ocr /.
5. NON - SUPPLANTING CERTIFICATION
No STOP Grant funds will be used to supplant existing state, local, or other nonfederal funding
already in place to support current services. STOP Grant funds will be used to increase the total
amount of funds used to combat violence against women. Violation of the non - supplanting
requirement can result in a range of penalties, including suspension of future funds under this grant,
recoupment of monies provided under this grant, and civil and /or criminal penalties.
6. GRANTEE DUTY TO ENSURE SUBGRANTEES COMPLIANCE
The Grantee is required to ensure compliance with this requirement by any program partner or
participant receiving funding under this grant.
As the duly authorized representative of the grantee, I hereby certify that the Grantee will comply with the
above Civil Rights requirements and Non - Supplanting specified in this Certification. co-„ Wi-1/0_30(
Signa ri/Autht6 Official Title of Authorized Official U
Let 6r (u/ � &64 50,
Name of Agency ( L Date
ATTACHMENT E
Restrictions and Certifications Regarding Non - Disclosure Agreements
January 1, 2016 through December 31, 2016
No recipient or subrecipient under this grant, or entity that receives a contract or subcontract with any
funds under this grant, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting
(in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative
of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this grant, 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 grant, 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 grant funds, will provide prompt written notification to the agency making this
grant, and will resume (or permit resumption of) such obligations only if expressly authorized to
do so by that agency.
2. If the recipient does or is authorized to make subgrants or contracts under this grant:
a. it represents that:
(1) it has determined that no other entity that the recipient's application proposes may or will
receive grant funds (whether through a subgrant, contract, or subcontract) either requires or
has required internal confidentiality agreements or statements from employees or contractors
that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict)
employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
ATTACHMENT E
Page 2 of 2
b. it certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity that
receives funds under this grant is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict),
reporting of waste, fraud, or abuse as described above, it will immediately stop any further
obligations of grant funds to or by that entity, will provide prompt written notification to the agency
making this grant, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
Av bF (/(air
Agency Name
\ a( 1 1.4 4 C Y 1 011 elly Ma /tag k
Name of Authorized Official Title waio Y, 0.(Y
Si a e of Authorized Official Date
v •
f►,
ATTACHMENT F
Scope of Work
January 1, 2016 through December 31, 2016
The City of Yakima shall provide staff and furnish goods and services necessary to accomplish the
activities under the STOP Violence Against Women Formula Grant Program during the grant period.
This Grant is not a Benefit or Entitlement to the Grantee. It is not to be used to acquire property or
services for the state government's direct benefit. The principle purpose of this Grant is to provide funding
for City of Yakima to accomplish a public purpose.
Funding from this grant must be used to support the grantee's STOP Violence Against Women Formula
Grant Program. Grantee must ensure that activities funded under this grant program are available to adult
and youth victims (ages 11 and older) of domestic violence, sexual assault, dating violence or stalking
during grantee's regular business hours and shall include, but not be limited to:
City of Yakima Police Department
• training related to crimes involving adult or youth victims (ages 11 and older) of domestic
violence, sexual assault, dating violence, and /or stalking;
• training focusing on topics or issues that will increase efforts to hold offenders accountable while
enhancing law enforcement's response to adult or youth victims (ages 11 and older) of sexual
assault, domestic violence, dating violence, or stalking;
• attend local and/or national training sessions;
• active collaboration with victim services and prosecution to ensure a supportive and strong
coordinated response for victims of domestic violence; sexual assault, dating violence, and
stalking; and
• ensuring that goods and services, supplies or administrative costs supported by this grant
program are related to issues involving adult or youth victims (ages 11 and older) of domestic
violence, sexual assault, dating violence or stalking.
Services provided must be consistent with current state and federal laws and mandates.
Victim Safety: As a recipient of these funds, Grantee may not engage in activities that compromise victim
safety and recovery. Such activities include, but are not limited to: procedures or policies that exclude
victims from 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; requiring victims to participate in criminal
proceedings; supporting policies or engaging in practices that impose restrictive conditions (e.g., attend
counseling, seek an order of protection) on the victim in order to receive services or when requesting an
order of protection be rescinded or modified; seeking a material witness warrant for a victim without
consultation with the victim and exploring alternative actions; or arbitrarily refusing to sign U visa
Certifications when a STOP Grant qualifying crime has occurred and the victim was, is being, or is likely
to be helpful in the investigation or prosecution of the qualifying crime.
Food and Beverage Costs: Grantee agrees grant funds will not be used to purchase food and /or
beverages for any meeting, conference, training, or other event, with the exception of support groups or
training volunteers.
Training or Training Materials: Grantee agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for
Grantees and Subgrantees, available at http:// www .ovw.usdoj.gov /grantees.html.
Outreach, Public Awareness and Education Activities: Grant funds may only be used to support,
inform, and outreach to victims about available services. Grantee agrees grant funds will not be used to
conduct public awareness or community education campaigns or related activities.
•(S
J c
Written Materials or Products: Grantee shall submit a copy of any written materials or products that are
funded under the project to OCVA not less than thirty (30) days prior to public release. If the written
material is founds to be outside the scope of the program, or in some way to compromise victim safety, it
will need to be revised to address these concerns or the grantee will not be allowed to use project funds
to support the further development or distribution of the materials.
Coordinated Community Response Team: The Grantee and Subgrantees shall participate at least
quarterly, in the county's Coordinated Community Response Team to increase the safety of victims of
domestic violence, sexual assault, dating violence, or stalking and hold offenders accountable. OCVA
Program Staff may conduct periodic checks for compliance with participation in the CCR. Noncompliance
may result in suspension of payments to Grantee under this Grant.
Standard Special Condition: Pursuant to Executive Order 13513, "Federal Leadership on Reducing
Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department of Justice
encourages recipients and sub recipients to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by this grant, and to
establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
DELIVERABLES
The grantee shall be responsible for the following deliverables:
1. Participation in coordinated community response meetings at least quarterly — As detailed above.
2. Reports — As described in Section 10 of Special Terms and Conditions.
3. Vouchers — Must be submitted at least quarterly.
PERFORMANCE MEASURES
Provision of the deliverables listed above will be measured using the following performance measures:
1. Participation in at least 75% of coordinated community response meetings.
2. 100% of required reports will be submitted on time.
3. 90% of vouchers will be completed on time.
U.
ATTACHMENT G
BUDGET
Category Projected Costs
Salaries: $0.00
Benefits: $0.00
Contracted Services: $10,986.00
Goods and Services: $0
Administrative Costs: $0
Total Grant Award: $10,986.00
Match: $3,662.00
Total Project: $14,648.00
Transfer of funds between line item budget categories must be approved by OCVA program staff. A
cumulative amount of these transfers exceeding ten (10) percent of the total grant award shall be subject
to justification and negotiation of an amendment by Grantee and the Department of SHERIFF.
The cost of allowable equipment purchased with these funds must be prorated to grant activity usage,
unless items are used 90% or more on grant activities. Equipment authorized to be purchased with grant
funds must be documented in an inventory system indicating, at a minimum, date of purchase, quantity,
and distribution. It must also be purchased within the first quarter of the grant.
Consultant fees may not exceed $650 per day (excluding travel and subsistence costs) for an eight -hour
day or may not exceed $81.25 per hour for less than an eight -hour day.
Administrative costs may not exceed 15% of each agency's STOP Grant funding. Administrative costs must
be related to STOP activities funded by this Grant. One function area (victim services, law enforcement, or
prosecutors) may not use another function area's administrative allocation.
The project match must be met by governmental entities unless otherwise agreed upon and fulfilled by
STOP Grant county partners.
No grant funds may be used to maintain or establish a computer network unless such network blocks the
viewing, downloading, and exchanging of pornography. However, this does not apply to law enforcement
agencies or any other entity carrying out criminal investigations, prosecution, or adjudication activities.