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HomeMy WebLinkAboutDoc 540 - Coop Agrmt - DOJ - Safe HavensDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org i I 1 I I j I J AGENDA REQUEST & STAFF REPORT For Board Business Meeting of September 30 2013 Please see directions for completing this document on the next page. DATE: September 20,2013 FROM: Sarah Peterson ELD/DCHS (541) 233-7461 TITLE OF AGENDA ITEM: Consideration of Erik Kropp's signature Cooperative Agreement and Special Conditions for Department of Justice, Office of Violence Against Women, Safe Havens: Supervised Visitation and Exchange Program Grant Award Number 2013-FL-AXKOI9, Document # 2013-540 PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Since September 2005, the County has applied for and received $1,124,771 from the Department of Justice, Office of Violence Against Women, Safe Havens: Supervised Visitation and Safe Exchange Program Grant. This award brings the total to $1,474,742. The grant funds Mary's Place, a supervised visitation and safe exchange program in the Mike Maier County Services Building. Mary's Place provides a safe, secure site for visitation and exchanges of children between custodial and non-custodial parents with a history of domestic violence, sexual assault, child abuse or stalking. Planning for Mary's Place began in 2003 and Mary's Place opened its doors in January 2006. The primary goal of this program is to keep victims of domestic and dating violence, sexual assault and stalking and their children safe and to hold batterers accountable. The grant will fund 1) .05 FTE County project coordination and .025 County financial management; 2) .0007 Saving Grace executive director and .13 FTE Mary's Place program manager to direct project/supervise operations; 3) 2.23 FTE Mary's Place facilitators, including a bi-lingual (Spanish) facilitator to provider supervised visits and exchanges for around 40 families per month and 4) .17 FTE Mary's Place advocate to be present at intake to establish connections and provide follow-up services. The Deschutes County Health Services Early Learning Division (ELD)served as the applicant on behalf of the Board of County Commissioners. ELD will subcontract with Saving Grace-Imagine Life Without Violence to provide services FISCAL IMPLICATIONS: The 2013-14 Deschutes County Health Services, Early Learning Division proposed budget does not include this funding. The maximum amount for all funding under this agreement is $349,971. RECOMMENDATION & ACTION REOUESTED: Approval Cooperative Agreement and Special Condition and authorize Erik Kropp to sign documents. I ATTENDANCE: Sarah Peterson DISTRIBUTION OF DOCUMENTS: Return the original documents to Sarah Peterson, Deschutes County Health Services Early Learning Division, 1130 NW Harriman, Suite A, Bend, OR 97701 DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Department: IHealth Services Earlyq Contractor/Supplier/Consultant Name: IDepartment of Justice, Office on Violence] !Against Womenl Contractor Contact: IMichelle Dodge! Contractor Phone #: 1734~ Type of Document: Department of Justice, Office on Violence Against Women, Safe Havens: Supervised Visitation and Safe Exchange Grant Program award in the amount of $349,971 for the period October 1,2013 to September 30,2016. The Authorized Grantee Official (Erik Krop) must sign and date the Award Document (Box 19 and 19b) and and initial the bottom right comer of each page of the Special Conditions. Goods and/or Services: This award will fund $27,412 for Health Services project and fiscal management and mandated travel/training and $322,559 for Saving Grace­ Imagine Life Without Violence to operate Mary's Place. Background & History: Since September 2005, the County has applied for and received $1,124,771 from the Department of Justice, Office of Violence Against Women, Safe Havens: Supervised Visitation and Safe Exchange Program Grant. This award brings the total to $1,474,742. The grant funds Mary's Place, a supervised visitation and safe exchange program in the Mike Maier County Services Building. Mary's Place provides a safe, secure site for visitation and exchanges of children between custodial and non-custodial parents with a history of domestic violence, sexual assault, child abuse or stalking. Planning for Mary's Place began in 2003 and Mary's Place opened its doors in January 2006. The primary goal of this program is to keep victims of domestic and dating violence, sexual assault and stalking and their children safe and to hold batterers accountable. The grant will fund 1) .05 FTE County project coordination and .025 County financial management; 2) .0007 Saving Grace executive director and .13 FTE Mary's Place program manager to direct project/supervise operations; 3) 2.23 FTE Mary's Place facilitators, including a bi-lingual (Spanish) facilitator to provider supervised visits and exchanges for around 40 families per month and 4) .17 FTE Mary's Place advocate to be present at intake to establish connections and provide follow-up services. The Deschutes County Health Services Early Learning Division (ELD) served as the applicant on behalf of the Board of County Commissioners. ELD will subcontract with Saving Grace-Imagine Life Without Violence to provide services 9/24/2013 Agreement Starting Date: IOctober 1, 201~ Ending Date: \Septemberl 130,201ij Annual Value or Total Payment: 1$349,9711 D Insurance Certificate Received (check box) Insurance Expiration Date: INIAl Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) C8J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? [g] Yes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? [g] Yes D No Special conditions attached to this grant: Yes Deadlines for reporting to the grantor: Semi-Annual January 2014, July 2014, January 2015, July 2015, January 2016, Close-out December 2016 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Hilla Saraceno Phone #: 541 317-3178 Departmental Contact and Title: Scott Johnson Phone #: (541) 322-7502 Department Director Approval: ------=:=r=::-.J..\-lo'-----­ Date Distribution of Document: Please return a originals to Sarah Peterson at ELD, 1130 NW Harriman, Ste. A, Bend OR 97701. Official Review: County Signature Required (check one): 0 BOCC Department Director (if <$25K) 9/24/2013 o Administrator (if >$25K but <$150K; if >$150K, soee Order No. _____,) Legal Review ~4. r.tc4P Date '1-2 7 - , , Document Number 2013-540 9/24/2013 Department of Justice Office on Violence Against Women September 17,2013 Washington , D.C. 20531 Mr. Erik Kropp Deschutes County 1130 NW Harriman Street Bend, OR 9770 I Dear Mr. Kropp : On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office on Violence Against Women has approved your application for funding under the Safe Havens: Supervise d Visitation and Safe Exchange Grant Program in the amount of $349,971 for Deschutes County. This award provides the opportunity for recipients to develop and strengthen effective responses to violence against women. This cooperative agreement supports supervised visitation and safe exchange options for families with a history of domestic violence, dating violence , sexual assault, child abuse and stalking, Enclosed you will find the award package. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings , and the maintenance of a minimum level of cash-on -hand . Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrati ve action as appropriate. (fyou have questions regarding this award, please contact Michelle Dodge at (202) 353-7345 . For financial grants management questions, contact the OVW Grants Financial Management Division at (202) 514-8556, or bye-mail at ovw.gfind@ usdoj .gov . For payment questions, contact the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or by email at ask.ocfo@usdoj .gov. Congratulations, and we look forward to working with you. Sincerely, Bea Hanson Acting Director Enclosures LU Document No. 2013-540 Department of Justice Office of Justice Programs Office for Civil Rights Washington. D.C 20531 September 17, 2013 Mr. Erik Kropp Deschutes County 1130 NW Harriman Street Bend, OR 9770 I Dear Mr. Kropp: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department ofJustice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to FederaUy Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis ofrace, color, national origin, religion, sex, or disability in funded programs or activ ities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited EngHsh Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.c. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.1ep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice bas published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department ofJustice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department ofJustice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Document No. 2013-540 Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 V.S.c. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:{I) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5». 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full-and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date or this letter. For assistance in developing an EEOP, please consult OCR's website at http;lIwww.ojp.usdoj.gov/ocr/eeop.htrn. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htrn. If your organization received an award for less than $25,000; or ifyour organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and retum it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings or Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that sub recipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rigbts compliance of subrecipients. If we can assist you in any way in fulfilling your civil rigbts responsibilities as a recipient of Federal funding, please call OCR at (202) 307­ 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Document No. 2013-540 ___ ___ ___ Department of Justice Office on Violence Against Women PAGE I OF 10 Cooperative Agreement NAME AND ADDRESS (Including Zip Code) 201 3-FL-AX-KOI 9 $ 349,971 12. SPECIAL CONDITIONS TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FOR THON THE Supervised Visitation) 15. METHOD OF PAYMENT GPRS 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Erik Kropp Deschutes Deputy County Administrator BeaHanson Acting Director 17. SIGNATURE OF APPROVING OFFICIAL ! 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE 20. ACCOUNTtNG CLASSIF!CA TlON CODES FISCAL YFUNDC BUD.A OFC. DlV.RE SUB. EAR ODE CT. G. POMS 21. FLCWI3DOI7 AMOUNT x A FL 29 00 00 349971 '--~~~__~~~_... .~... ....._. .... ~~~_.... ~__~_.....~____.~~~~~__~~~~--1 OlP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OIP FORM 4000/2 (REV. 4-88) Document No. 2013-540 Department of Justice Office on Violence Against Women AWARD CONTINUA TIONSHEET PAGE 2 Of 10 Cooperative Agreement PROJECT NUMBER 20!3-fL-AX-KOI9 AWARD DATE 0911712013 SPECiAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office on Violence Against Women (OVW) Financial Grants Management Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-133, Audit of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OOJ grant funds) are not satisfactorily and promptly addressed as further described in the current edition ofthe OVW Financial Grants Management Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption ofany law, regulation or policy, at any level of government without the express prior written approval of OVW, in order to avoid violation of 18 USC § 1913. The recipient 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 to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 42 USC I 3925(a» when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. 5. The recipient must promptly refer to the OOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either I) submitted a false claim for grant funds under 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 involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the OOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and 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 ofOVW. OJP FORM 400012 (REV. 4-88) Document No. 2013-540 Department of Justice Office on Violence Against Women AWARD CONTINUA TIONSHEET PAGE 3 OF 10 Cooperative Agreement PROJECT NUMBER 20 I 3-FL-AX-KOI9 AWARD DATE 0911712013 SPECIAL CONDITIONS 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant perfonnance period if the agency detennines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB and OVW). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office on Violence Against Women web site at http://www.ovw.usdoj.gov/docslsarn-award-tenn.pdf(Award coodition: Registration with the System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October I, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of perfonning 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. 10. 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 http://www.ovw.usdoj.gov/grantees.htrnl. II. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 12. The recipient understands and agrees that -(a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 13. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing tne use of federal funds for expenses related to conferences (which is defined to include meetings, retreats, seminars, symposiums, trainings, and other events), including the provision of food and! or beverages at such events, and costs of attendance at such events. Infonnation on pertinent laws, regulations, policies, and guidance is available at http://www.ovw.usdoj.gov/grantees.htrnl. 14. 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, the Violence Against Women Act of 2000, P.L. 106-386, the 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 of2005, P.L. 109-162, and OVW's implementing regulations at 28 CFR Part 90. 15. The grantee must be in compliance with specifications outlined in the solicitation under which the approved application was submitted. The program solicitation is hereby incorporated by reference into this award. OJP FORM 400012 (REV. 4-88) Document No. 2013-540 Department ofJustice Office on Violence Against Women AWARD CONTINUA TIONSHEET Cooperative Agreement PAGE 4 Of 10 PROJECT NUMBER 2013-fL-AX-KOI9 AWARD DATE 09/17/2013 SPECIAL CONDITIONS 16. 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. 17. The recipient understands and agrees that grant funds may be frozen if the recipient does not respond in a timely fashion to requests to address OIG audit findings and financial or programmatic monitoring findings. 18. Grant funds may be used only for the purposes in the recipient's approved application. The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with OVW grant funds, without prior written approval from OVW. 19. The Director ofOVW, upon a finding that there 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, will terminate or suspend until the Director is satisfied tbat there is no longer such failure, all or part of the award, in accordance with the provisions of 28 CFR Part 18. as applicable mutatis mutandis. 20. The grantee agrees that if they receive any funding that is duplicative of funding received under this grant, they will notify their OVW grant manager as soon as possible and a Grant Adjustment Notice (GAN) will be issued changing the budget to eliminate the duplication, and the grantee agrees and understands that any duplicative funding will be deobligated from its award and returned to OVW. 21. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period. Progress reports must be submitted within 30 days after the end of the reporting periods, which are January I -June 30 and July I -December 31 for the duration of the award. Future awards may be withheld if progress reports are delinquent. Grantees are required to submit this information online, through the Grants Management System (GMS), on the semi-annual progress report for the relevant OVW grant programs. 22. Under the Government Performance and Results Act (GPRA) and VA WA 2000, grantees are required to collect and maintain data that measure the effectiveness of their grant-funded activities. Accordingly, the grantee agrees to submit semi-annual electronic progress reports on program activities and program effi:ctiveness measures. Information that grantees must collect under GPRA and V A W A 2000 includes, but is not limited to: I) number of persons served; 2) number of persons seeking services who could not be served; 3) number of supervised visitation and exchange centers supported by the program; 4) number of supervised visits between parents and children; and 5) number of supervised exchanges between parents and children. 23. A final report, which provides a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award, is due 90 days after the end of the award. The Final Progress Report should be submitted to the Office on Violence Against Women through the Grants Management System with the Report Type indicated as "Final". 24. The recipient agrees that it will submit quarterly financial status reports to OVW on-line (at https:llgrants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at www.whitehouse.gov/omb/grantsistandard_formslffJeport.pdf), not later than 30 days after the end ofeach calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. OJP FORM 400012 (REV. 4-88) Document No. 2013-540 Department of Justice Office on Violence Against Women AWARD CONTINUA TIONSHEET Cooperative Agreement PAGE 5 OF 10 PROJECT NUMBER 2013-FL-AX-KOI9 AWARD DATE 09/17/2013 SPEGAL CONDITIONS 25. Funds allocated for OVW-sponsored technical assistance may not be used for any other purpose without prior approval by OVW. To request approval, grantees must submit a Program Office Approval Grant Adjustment Notice (GAN) via tbe Grants Management System (GMS). The grantee must include a copy of the event's brochure, curriculum and/or agenda, a description of the hosts or trainers, and an estimated breakdown of costs should be attached to the GAN. The GAN request must be submitted to 0 VW at least 20 days prior to registering for the event. Approval to attend non­ OVW sponsored events will be considered on a case-by-case basis. This prior approval process also applies to requests for the use ofOVW-designated technical assistance funds to pay an outside consultant or contractor to develop training. 26. First-time grantees must agree to send key staff members to the OVW grantee orientation seminar. Additionally, if there is a change in the project director/coordinator during the grant period, the grantee 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 OVW grantee orientation seminar. 27. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day or $81.25 per hour. A detailed justification must be submitted to and approved by the Office on Violence Against Women prior to obligation or expenditure of such funds. Although prior approval is not required for consultant rates below these specified amounts, grantees are required to maintain documentation to support all daily or hourly rates. 28. The recipient agrees to submit one copy ofall required reports and any other written materials or products that are funded under this project not less than twenty (20) days prior to public release for OVW review and approval. Prior review and approval of all such material is required if project funds are to be used to publish or distribute any written material developed under this award. 29. All materials and publications (written, visual, or sound) resulting from award activities shall contain the following statements: "This project was supported by Grant No. awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. 30. The grantee agrees to comply with the applicable requirements of28 C.F.R. Part 38, the Department of Justice regulation goveming "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients ofdirect grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. 31. The grantee agrees that grant funds will not support activities that compromise victim safety and recovery, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or percei ved 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; pre-trial diversion programs not approved by OVW or the placement ofoffenders in such programs; mediation, couples counseling, family counseling or any other manner ofjoint victim-offender counseling; mandatory counseling for victims, penalizing victims who refuse to testify, or promoting procedures that would require victims to seek legal sanctions against their abusers (e.g., seek a protection order, file formal complaint); the placement of perpetrators in anger management programs; or any other activities outlined in the solicitation under which the approved application was submitted. OJP FORM 400012 (REV. 4-88) Document No. 2013-540 Department ofJustice Office on Violence Against Women AWARD CONTINUA TIONSHEET Cooperative Agreement PAGE 6 OF 10 PROJECT NUMBER 20 I3-FL-AX-KOI 9 AWARD DATE 09/1712013 SPECIAL CONDITIONS 32. The grantee 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. 33. Pursuant to 28 CFR §66.34, the Office on Violence Against Women reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in part (including in the creation ofderivative works), for Federal Government purposes: (a) any work that is subject to copyright and was developed under this award, subaward, contract or subcontract pursuant to this award; and (b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor with support under this award. [n addition, the recipient (or subrecipient, 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: I) 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 ofeach subrecipient, contractor or subcontractor as applicable) to ensure that this condition is included in any subaward, contract or subcontract under this award. 34. The recipient agrees to comply with applicable requirements to report first-tier subawards 0[$25,000 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 FFATA Subaward Reporting System (FSRS). The details ofrecipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office on Violence Against Women web site at: http://www.ovw.usdoj.gov/docslffata-award-terrn.pdf(Award condition: Reporting Subawards and Executive Compensation). and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non­ profit organization that he or she may own and/or operate in his or her name). 35. The cost allowed for logistical conference planning (this is applicable regardless of whether the recipient is planning in-house or is contracting with an outside conference planner) is limited to $50 for each attendee (costs of trainers, instructors. presenters and facilitators are to be included as attendees when calculating the planning threshold), not to exceed a cumulative total of $8,750. For example, if the number of attendees at a conference is 100, the cost allowed for a logistical planner is $5,000 ($50 X 100 attendees). 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 it is expected that the conference planning will meet these limitations, no further justification is required. If these limitations are expected to be exceeded, the recipient must justify the costs in writing and those costs must be approved by the Office on Violence Against Women hefore the recipient proceeds with the logistical planning. OlP FOR.,VI 400012 (REV. 4-88) Document No. 2013-540 Department of Justice Office on Violence Against Women AWARD CONTINUATIONSHEET PAGE 7 OF 10 Cooperative Agreement PROJECT NUMBER 2013-FL-AX-KOI9 AWARD DATE 09117/2013 SPECIAL CONDITIONS 36. The cost allowed for programmatic conference planning (this is applicable regardless of whether the recipient is planning in-house or is contracting with an outside programmatic conference planner) is limited to $200 for each attendee (costs of trainers, instructors, presenters and facilitators are to be included as attendees when calculating the planning threshold) not to exceed a cumulative cost total of $35,000. For example, if the number of attendees at the conference is 100, the cost allowed for a programmatic planner is $20,000 ($200 X 100 attendees). 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 further justification or approval is required. If it is expected that these limitations will be exceeded, the costs must be justified in writing and approved by the Office on Violence Against Women before the recipient proceeds with the programmatic planning. 37. 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. 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 these limitations are going to be exceeded the recipient must submit a justification, in writing to the Office on Violence Against Women for approval before the recipient enters into any contract for the use of conference space and audio­ visual equipment. 38. 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. 39. 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 such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities). 40. Subject to OVW prior approval, and under limited circumstances, OVW funds may be used to purchase food and/or beverages for meals served during a meeting, conference or training and under very specific circumstances, during refreshment breaks. Refreshment breaks will only be considered where there are unique and extenuating circumstances and require significant justification. OVW may approve the use of funds to purchase food and/or beverages served at a working meal if the recipient canjustiry that provision of the meal is necessary to accomplish official business and enhance the cost effectiveness of the conference. For example, a meal may be pennissible where the conference would need to be extended if the working meal is not provided. Furthennore, ifa meal is approved by OVW, the cost of any individual meal, plus taxes and any hotel service costs (e.g., labor cost for room setup), must not exceed ISO percent of the General Services Administration (GSA) Meals and Incidental Expenses (M&IE) rate for that meal in that locality per attendee. OVW strongly encourages costs to stay at or below 100% of the applicable per diem rate for any meal provided, including any service costs. The current GSA M&IE rate breakdown by meal and by locality can be found at http://www.gsa.gov/portal/contentlI01518.This restriction does not impact direct payment of per diem amounts to individuals in a travel status under your organizations travel policy. 41. The recipient must complete and submit the Conference and Events Approval Fonn to OVW for review and approval prior to entering into any contract (with the exception ofiogistical or programmatic planning contracts) or expending any funds for any meeting, conference, training, or other event. 42. Within 30 days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with a completed Conference and Events Reporting Fonn found at http://www.ovw.usdoj.gov/receive-grant.html. OJP FORM 4000/2 (REV. 4-88) Document No. 2013-540 Department ofJustice Office on Violence Against Women AWARD CONTINUATIONSHEET Cooperative Agreement PAGE 8 OF 10 PROJECT NUMBER 2013-FL-AX-KOI9 AWARD DATE 09/17/2013 SPECIAL CONDITIONS 43. TERMS OF COOPERATIVE AGREEMENT The Office on Violence Against Women (OVW) has elected to enter into a Cooperative Agreement with Deschutes County and its project partners to increase available supervised visitation and safe exchange services for victims of domestic violence, child abuse, sexual assault, teen dating violence, and stalking. This decision reflects a strong mutual interest in increasing the safety and well-being of victims and their children during supervised visitations and safe exchanges. The award recipient acknowledges that OVW will playa substantial role in shaping and monitoring the project. STATEMENT OF FEDERAL INVOLVEMENT The Office on Violence Against Women (OVW) will: I. Provide the services of a Federal Program Specialist as a single point of contact for the administration of this cooperative agreement. 2. Monitor program development and implementation, and fulfill an oversight function regarding the project. 3. Review and approve content and format of the materials produced in conjunction with this project. 4. Provide input, re-direct the project as needed, and actively monitor the project by methods including, but not limited to, ongoing contact with the recipient. S. Approve sites and dates of all project related activities. OIP FORM 400012 (REV. 4-88) Document No. 2013-540 Department of Justice Office on Violence Against Women AWARD CONTINUA TIONSHEET Cooperative Agreement PAGE 9 OF 10 PROJECT NUMBER 2013-FL-AX-K019 AWARD DATE 09/17i2()13 SPECIAL CONDITIONS 44. TERMS OF COOPERATIVE AGREEMENT STATEMENT OF RECIPIENT RESPONSIBILITIES Deschutes County will work collaboratively, in each step of the planning and implementation phases of the project, with Saving Grace and the State of Oregon Circuit Court of Deschutes County. The recipient and it~ project partners will: I. Work closely with OVW in the development and implementation of this project. 2. Ensure that a multi-disciplinary team participates in project development and implementation. The multi­ disciplinary team should include representatives from the grantee agency, the state or local court, and the domestic violence/sexual assault agency. Representatives will participate in the consulting committee, attend meetings and institutes as designated by OVW, and substantially participate in the planning and implementation of visitation and exchange services as outlined by the grant program. 3. IdentifY a representative ofthe grantee agency to serve as project coordinator. This representative will substantially participate in all aspects of the grant project, coordinate development and implementation activities, and attend meetings and institutes as designated by OVW. 4. Work cooperatively and collaboratively with OVW's technical assistance provider(s) for the Supervised Visitation Grant Program, throughout the term of this agreement. 5. Participate in all required programmatic and financial grant management training offered by OVW and/or an OVW­ designated technical assistance provider. Training may be conducted in person or by webinar, conference call, or web­ based tutorial. 6. Participate in all OVW -funded technical assistance opportunities related to the Supervised Visitation Grant Program, including but not limited to: grantee meetings, on-site technical assistance, and site visits. 7. Ensure that grant funds will be used to support supervised visitation and safe exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault, or stalking. The grantee may not use grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic supervision. The grantee may not require victims to attend or use parent education or other program services. 8. Ensure that grant funds will not be used to provide offsite or overnight visitation services. Offsite visitation includes, but is not limited to: any monitored visit between a child and a non-custodial parent that occurs outside the premises of the visitation center. Overnight visitation includes, but is not limited to; any monitored visit between a child and a non­ custodial parent that occurs outside of the normal operating hours of the visitation center. OJP FORM 400012 (REV. 4-88) Document No. 2013-540 Department of Justice Office on Violence Against Women AWARD CONTINUA TIONSHEET Cooperative Agreement PAGE 10 OF 10 PROJECT NUMBER 2013·FL·AX·KOI9 AWARD DATE 0911712013 SPECIAL CONDITIONS 45. TERMS OF COOPERATIVE AGREEMENT STATEMENT OF RECIPIENT RESPONSIBILITIES (continued) 9. Develop fonnal affiliations with organizations that will be able to provide services and consultation to the programs in their work with children and parents. Accordingly, grantees must establish a consulting committee that includes experts in the following fields: child abuse and neglect, mental health, batterer's intervention, law enforcement, child protection services, and advocacy for victims of domestic violence, dating violence, stalking and sexual assault. 10. Develop and implement adequate security measures, including but not limited to: adequate facilities, procedures, and personnel capable of preventing violence, for the operation of supervised visitation programs or safe exchange. Any substantial change or revision to center facilities (including location) and/or policies and protocols must be submitted to OVW for review and approval. II. Ensure that no fees associated with supervised visitation and safe exchange are charged to families whose receipt of services (including parent and child orientations, supervised visits, and monitored exchanges) is funded by this cooperative agreement. 12. Ensure that the grant project is developed and implemented in a manner that is consistent with the Guiding Principles ofthe Supervised Visitation Program. The Guiding Principles embody the statutory requirements and objectives of the Supervised Visitation Program. They are intended to guide practice for OVW grantees. The standards and practices included within the Guiding Principles are considered to be good practice when addressing the needs of victims and their children. 13. Agree not to engage in activities which compromise victim safety, including but not limited to: a) Requiring adult victims to participate in mediation or family counseling; b) providing visitation or exchange services which do not account for the safety of adult victims; c) requiring a court order in order to access visitation and/or exchange services; and d) providing custody evaluations or court reports based on subjective information and opinions ofcenter staff and volunteers. 14. Demonstrate that each visitationiexchange center involved in a multi-jurisdictional project meets the statutory and minimum requirements of the Supervised Visitation Program. In addition, each center must operate as a separate fucility for a minimum of 20 hours per week. 15. Obtain approval from OVW before implementing any substantial changes to the project, including but not limited to adding or removing a core project partner or changing the location where services are provided. 46. The recipient's budget is pending review and approval. The recipient may obligate, expend and draw down funds for travel related expenses to attend OVW-sponsored technical assistance events up to $10,000. Remaining funds will not be available for draw down until the Office on Violence Against Women, Grants Financial Management Division has approved the budget and budget narrative, and a Grant Adjustment Notice has been issued removing this special condition. Any obligations or expenditures incurred by the recipient prior to the budget being approved are made at the recipient's own risk. OIP FORM 400012 (REV. 4·88) Document No. 2013-540 Department of Justice Office on Violence Against Women Washington. D.C. 20531 Memorandum To: Official Grant File From: Mamie Shiels, Attorney Advisor Subject: Categorical Exclusion for Deschutes County The Consolidated and Further Continuing Appropriations Act of 20 13 designated funds for a grant program to support families in the justice system, to include purposes described in the Safe Havens: Supervised Visitation and Safe Exchange Program, as authorized by section 1301 of V A W A 2000; and the Courts Training and Improvements Program, as authorized by section 41002 ofVAWA 1994. In fiscal year 2013, a portion of funds appropriated for the grant program to support families in the justice system are awarded to state, local, and tribal governments to provide visitation and safe exchange options that account for domestic violence. Those FY 2013 awards will be administered according to the statutory and programmatic requirements of the previously authorized Safe Havens: Supervised Visitation and Safe Exchange Grant Program. None of the following activities will be conducted under the OVW federal action: 1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year floodplain. 3. A renovation which will change the basic prior use ofa 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. S. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations (adopted by OVW at 28 CFR § 0.122(b)). Document No. 2013-540 Department of Justice Office on Violence Against Women This project is supported under 42 U.S.c. 10420 (OVW Supervised Visitation) I. STAFF CONTACT (Name &; telephone number) Michelle Dodge (202) 353-7345 3a. TITLE OF THE PROGRAM GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Cooperative Agreement PROJECT NUMBER 2013-FL-AX-K019 PAGE I OF I 2. PROJECT DIRECTOR (Name, address &; telephone number) Sarah Peterson Community Project Coordinator P.O. Box 6005 1300 NW Wan Street, Suite 200 Bend, OR 97708 (541) 322-7461 OVW FY 2013 Safe Havens: Supervised Visitation and Safe Exchange Grant Program 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT Mary's Place 5. NAME &; ADDRESS OF GRANTEE Deschutes County 1130 NW Harriman Street Bend, OR 9770 I 7. PROGRAM PERIOD FROM: 10/0112013 9. AMOUNT OF AWARD $ 349,971 11. SECOND YEAR'S BUDGET 13. THIRD YEAR'S BUDGET PERIOD TO: 09/3012016 6. NAME &; ADRESS OF SUBGRANTEE 8. BUDGET PERIOD FROM: 1010112013 10. DATE OF AWARD 09117/2013 TO: 09/3012016 12. SECOND YEAR'S BUDGET AMOUNT IS. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Consolidated and Further Continuing Appropriations Act of 20 13 designated funds for a grant program to s\lpport families in the justice system, to include purposes described in the Safe Havens: Supervised Visitation and Safe Exchange Program, as authorized by section 1301 of V A WA 2000; and the Courts Tl'lIining and Improvements Program, as authoriZed by section 41002 ofVAWA 1994. In fiscal year 2013, a portion of funds appropriated for the grant program to support families in the justice system are awarded to state, local, and tribal governments to provide visitation and safe exchange options that aceount for domestic violence. Those FY 2013 awards will be administered according to the statutory and programmatic requirements of the previously authorized Safe Havens: Supervised Visitation and Safe Exchange Grant Program. Deschutes County Children &; Families Commission and its collabol'lltive partners, Saving Grace and the State of Oregon Circuit Court of Deschutes County will use this 36-month award to strengthen and enhance existing services at Mary's Place in central Oregon. Funding from this FY 2013 cooperative agreement will l OJP FORM 400012 (REV. 4-88) Document No. 2013-540 enable the collaborative to continue current center operations and fund salaries and benefits for center staff. Deschutes County will serve as the fiscal and implementing agency for this project. CAJNCF