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HomeMy WebLinkAboutR-2018-082 Gang Prevention Pilot Program Grant from the Department of Commerce RESOLUTION NO. R-2018-082 A RESOLUTION authorizing the City Manager to accept a grant from the Department of Commerce for One Hundred Fifty Thousand Dollars to implement a gang prevention pilot program in the City of Yakima WHEREAS, the City Council Public Safety Committee recommended to the Council that the City would benefit from a safety plan addressing youth, domestic and neighborhood safety, recognizing all elements were necessary factors for responding to gang, general safety and domestic violence concerns and Council adopted the Comprehensive Community Safety Plan Vision 2025 on March 6, 2018, and WHEREAS, there are numerous local, regional and state organizations involved in efforts to promote community safety and reduce gang and domestic violence, inviting the establishment of a cooperative plan to respond to the identified public concerns comprehensively; and WHEREAS, the City Council recognized that a comprehensive and coordinated effort was necessary and created a Council led steering committee to guide this effort; and WHEREAS, the Council recognized the need for resources to make the pilot project operational and applied to the Department of Commerce seeking $150,000 to fund development of the pilot program for the period from July 1, 2018 through June 30, 2019; and WHEREAS, the pilot program will leverage many different resources to organize and accentuate the work of the local network providers, with the City taking on the role of the capacity builder and organizer; the ultimate goal being the development, connection and support of a focused network of providers from the City, the region and the state that have demonstrated a proven record of reducing gang activity; and WHEREAS, the Department of Commerce has offered a grant of these funds to the City to support programs utilizing the OJJDP outline of Best Practices for planning and implementation of gang reduction models, which grant is attached hereto and incorporated herein by this reference, and WHEREAS, the City Council has determined that it is in the best interests of the City to accept the grant funds to be applied to the pilot program and to engage a coordinator who will support a network of organizations to enhance collaborative efforts of the providers as well as seek additional funding resources, design programs and provide technical assistance to community partners, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to accept the attached and incorporated Department of Commerce grant for $150,000 in funding to support the implementation of a gang prevention pilot program in the City ADOPTED BY THE CITY COUNCIL this 6th day of August, 2018 ATTEST :__ ,, \, ,:i. „:.�P ,. a;., thy ffey, r . e, , . ,., ,,,. .7.,, _,,:7 , .N.,,C-( 5eutArci\ A.-.7" , --... '. Son/a C�4 ar Tee, City Clerk -, -_- .S Grantea?. 1111 rwith City of Yakima Through the Office of Crime Victims Advocacy For Provide state funding to the City of Yakima to facilitate the coordination and implementation of the "Now is the Time 2" anti-gang pilot project date:Start July, 2018 THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS Special Terms and Conditions 1 FaceSh8et----------------'''.- ....................... 1 i. Contract Management ............................. ............... ............ ............ - 2 2. COnl ..............................- ........--........................................ 2 3. Billing Procedures and Payment............. ............... ................ -. 2 4. Subcontractor Data Collection.........--............ ....... -.............. -- 3 5. Insurance.................................................... 3 6. Order of Precedence 4 General Terms and Conditions ............................. ........ 5 1. Definitions 5 2. Access tOData 5 3. Advance Payments Prohibited.................................... .......-'..-'- 5 4. All Writings Contained Herein............................................. ........... 5 5. Amendments 5 6. Americans With Disabilities Act kAOA\............................... ........ ......-5 7. Assignment... .......... ...................... ............ 5 8. Attorneys' Fees.......................................................... ....... -........... -'5 9. Confidentiality/Safeguarding of Information .................... ........................6 10. Conflict Of Interest..................................... .................................... ---7 11. Copyright 7 12. Disputes 8 13, Duplicate Payment............................ ........... ...................... .................'8 14. Governing Law and Venue 8 15. Indemnification 8 18. Independent Capacity of the Contractor........... 9 17. Industrial Insurance Coverage 9 18. Laws................................................................ .................... 9 19. Licensing, Accreditation and Registration 9 20. Limitation of Authority................................................ ....... ....... 9 21. Noncompliance With Nondiscrimination Laws.................. ..............--- 1U 22. Pay Equity 10 23. Political Activities 1O 24. Publicity 1O 25. Recapture 10 20. Records Maintenance................................. .................... ............... - 10 27. Registration With Department {f Revenue 1O 28. Right of Inspection......................................--... ........--'.. 10 29. Savings................................................................. ............. ................ 11 30. Severabi|hv............- ...... ........ ............................ ............... 11 31. Site Security ..................-.- ............................ -- 11 32. Subcontracting............................... .............. ........................... ..... ' 11 33. Survival............................................ ................... ..........-- 11 34. Taxes ......................... -................................ ............ ................ 11 35. Termination for Cause..................................................... ...................- 11 30. Termination for Convenience 12 37. Termination Procedures .......................................................................� 12 38. Treatment OfAssets 13 39. Waiver........................................................ .......................... ......'.'' 13 Attachment A. Scope of VVDM«.'... 14 Att8ChrDen1B. Budget................ ---- .............. ------- ......---.......--- 15 AttachnneFtC, Reporting.............. -----.............. .................... -- 18 � THIS PAGE INTENTIONALLY LEFT BLANK FACE SHEET Contract Number: S19-31450-001 Washington State Department of Commerce Community Services and Housing Division Office of Crime Victims Advocacy Gang Prevention-Yakima 1. Grantee 2. Grantee Doing Business As(optional) City of Yakima City Manager's Office Now is the Time 2 129 North Second Street Yakima, WA 98901-2613 3. Grantee Representative 4. COMMERCE Representative Ana M. Cortez Bill Johnston 1011 Plum St SE Assistant City Manager Program Manager P.O. 42525 509-406-3906 360-725-3030 Olympia, WA 98504-2525 Ana.Cortez@yakimawa.gov Bill.johnston@commerce.wa.gov 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $142,500 Federal: 0 State: I Other: 111 N/A: 111 July 1, 2018 June 30, 2019 9. Federal Funds(as applicable) Federal Agency: CFDA Number Not Applicable Not Applicable Not Applicable 10.Tax ID# 11. SWV# 12. UBI# 13. DUNS# 91-601293 0007122-03 397-005-272 078212651 14. Grant Purpose I Provide state funding to the City of Yakima to facilitate the coordination and implementation of the "Now is the Time 2" ' anti-gang pilot project. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference. Grant Terms and Conditions including Attachment"A" —Scope of Work, Attachment"B"— Budget, and Attachment"C"— Reporting. FOR GRANTEE FOR COMMERCE bt I (111,1C-Are e. L . V1 yr etralie Klontz, ssi tant Director CU‘t,k • i Date j Date CITY CONTRACT NO: "e; -1-76 APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL RESOLUTION NO: A)- 2_ APPROVAL ON FILE 1 GENERAL TERMS AND CONDITIONS S19-31450-001 1' GRANT MANAGEMENT The Representative for each cf the parties shall bo responsible for and shall ba the contact person for all communications and billings regarding the performance cf this Grant. The Representative for COMMERCE and their grant 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. 2. COMPENSATION COMMERCE nhe]| pay an amount not to exceed the amount specified in Block of this Gnant'n FACESHEET for the performance of all things necessary for or incidental to the performance of work aa set forth in the Scope of Work. 3' BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quartedy, but not more often than monthly. The invoices shall utilize the invoice form provided to the Grantee by COMMERCE at the time this executed Grant is returned tn the Grantee. Payment shall be considered timely if made byCOMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE 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 mhoU be mode by COMMERCE. Duplication 0/ Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee in entitled to payment nrhas been or will be paid by any other source, including grants, for that service. Disallowed Costa The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its oubgnsnts/oubcontracts. 4. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the partiea, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority'nvvned, vvmman'owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 5' INSURANCE The Grantee shall provide insurance coverage ae set out in this section. The intent of the required insurance into protect the state should there bm any claims, auita, actions, cmotu, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or 8ubgrantee/oubconhactor, 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 ofWashington. Except for Professional Liability or Errors and Omissions |nnuronoa, the insurance oho|| name the state ofWashington, its aQentm, o#iomre, and employees as additional 3 GENERAL TERMS AND CONDITIONS S1 9-31450-001 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 COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non-renewal or modification. The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, m 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 |eQo| liability arising out of Grant activity but no |moo than $1.000.000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of oubgrants/suboontracto. Automobile Liability. |n the event that performance pursuant tm this Grant involves the use of vehic|an, owned or operated by the Grantee or its GubQrantem/ouboontractor. automobile liability insurance shall be required. The minimum limit for automobile liability ia$1.00O.0OOper occurrence, using a Combined Single Limit for bodily injury and property damage. Pnm0msmimma| Liability, Errors and Omissions Insurance. The [Snuntge mho|| maintain Pnofmauimno| 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 contract 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 o( payment for program costs shall bainsured to provide protection against loss: A. The amount of fidelity coverage secured pursuant 10 this Grant shall be $1O0.OUOorthe highest of planned reimbursement for the Grant period, whichever iolowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE aabeneficiary. B. Sub0rantgem/mubcontraotorm that receive$1O.00Oo/ more per year infunding through this Grant shall secure fidelity insurance am noted above. Fidelity insurance secured by 8ub0rantog/aubcontrao1Vrapurmuant to this paragraph shall name the Grantee aobeneficiary. C. The Grantee shall provide, at COMMERCE'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 COMMERCE will be provided thirty /3O> daya' odvanoe written notice of cancellation. 6' 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 ofWashington statutes and regulations * Special Terms and Conditions * General Terms and Conditions ° Attachment A—Scope ofWork = AttachmentB— Budgmt ° Attanhmgn<C— Reporting 4 GENERAL TERMS AND CONDITIONS S19-31450-001 1' DEFINITIONS Aa used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall moan the Director and/or the designee authorized in writing to act on the Director's behalf. B. ''COMK4ERCE''shall mean the Department ofCommerce. C. "Grant"or"Agreement" means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission ofa signed copy of this contract shall be the same as delivery ofan 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. "Personal Information"shall mean information identifiable to any person, including, but not limited to, information that relates to aponoon'a namo, hmo|th, finannaa, education, bunineou, 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. F. "State"shall mean the state ofWashington. G. ^Subgrantee/oubcnntracto/' shall mean one not inthe employment ofthe Grantee, who io performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms ^oub0rantae/auboonbaotor'' refers to any tier. H. ^Gubnouipimnt''shall mean a non-federal entity that expends federal awards received from a pass- through mndtytooanyoutofodens|program. butdoeonotino|udeanindividua|thmtiaabenefioiary 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 orcommerce. 1' "Vendor" is an entity that agnamm to provide the amount and kind of services requested by COMMERCE;provides services under the grant only to those beneficiaries individually determined tobe eligible by COMMERCE and, provides services on afea'for'uen/ioeor per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2' ACCESS TO DATA In compliance with RCVV 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 coot. This includes aooeoa to all information that supports the /indin0o, conc|uoiona, and recommendations of the Grantee's repodo, 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 bm made byCOMMERCE. 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 ohu|| be deemed to exist orto bind any of the parties hereto. 5' AMENDMENTS This Grant may beamended 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 (A0A) OF 1990. PUBLIC LAW 1Q1'336.also referred to as the ^ADA^ 28 CFR Part 35 5 GENERAL TERMS AND CONDITIONS S19-31450-001 The Grantee must comply with the AOA, which provides comprehensive civil rights protection to individuals with disabilities in the on*aa of omp|oyment, public oocommodationa, state and local government services, and telecommunications. 7' ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred nr assigned bythe Grantee without prior written consent ofCOMMERCE. @' ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation orother action brought to enforce Grant terms, each party agrees to bear its own attmrney'o fees and costs. 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes- 1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by CC}MK4ERCE, 2' All material produced by the Grantee that is designated as "confidential"by COMMERCE; and 3' All personal information in the possession of the Grantee that may not be disclosed under state or federal |ovv. "Personal informa1ion^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 cf1S9G (H|PAA). 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 COMMERCE 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 COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. UnauthorioedUenorOiau|onure. ThaGrantemoha|| nodfyCOMPNERCEwithinfive (5) vvorking days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use nrdisclosure. 10' CONFLUCT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract ifitiafound after due notice and examination by COMMERCE that there is ovio|cdion of the Ethics in Public Service Act, Chapters 42.52 RCVV and 42.23 RCVV; or any similar statute involving the CONTRACTOR in the procurement of, mr performance under this contract. 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 subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the Commerce program administering this CS/ant, including but not limited 1oformulating or drafting the |egio|atinn, participating ingrant procurement planning and execution, awarding grants, and monitoring grants, 6 GENERAL TERMS AND CONDITIONS S19-31450-001 during the 24 month period preceding the start date of this Grant. Identify the individual bv name, the agency previously or currently employed by,jobtitle orposition he|d, and separation date. If it is determined by COMMERCE that aconflict of interest exists, the Grantee may ba disqualified from further consideration for the award ofoGrant. |n the event this contract is terminated aa provided above, COMMERCE shall bg entitled tmpursue the same remedies against the Grantee anit could pursue in the event ofa breach of the contract 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 ''Dioputgm^clause ofthis contract. 11' COPYRUKSHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author ofsuch 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 Ma1eria|o, including all intellectual property riQhtn, moral riQhto, and rights of publicity to COMMERCE effective from the moment cfcreation of such Materials. ^Me&aria|a^ means all items in any format and includes, but ia not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. ^Cwnanahip^ includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Gnont, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials totranslate, repnoduce, diotributa, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permiaoiuno, including intellectual property ri0hto, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery mf Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 12' DUSPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person todecide the dispute. The request for a dispute hearing must: ° be in writing; ° state the disputed issues; ° state the no|o1ive positions of the parties; ° state the Grantee's name, address, and Contract number; and ° be mailed to the Director and the other paMy'm (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 10 the requantor'sstatement to both the Director orthe Director's designee and the requgatorvvithin five (5) working days. The Director nrdesignee shall review the written statements and reply in writing to both parties within ten (1D) working days. The Director or designee may extend this period if necessary by notifying the parties. 7 GENERAL TERMS AND CONDITIONS S19-31450-001 The decision shall not be admissible in any succeeding judicial orquasi-judicial proceeding. The parties agree that this dispute process shall precede any action ino judicial orquasi-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. 13' DUPLACATE PAYMENT COMMERCE shall not pay the Grantee, if the GRANTEE has charged or will charge the State cf Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services o/expenses. 14' 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. 15' kM8DEN8NUFUCATUON To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, C|OyWK8ERCE, agencies of the state and all m#inie|o, agents and om9|Vywen of the atate, from and against all claims for injuries or death arising out of or roou|Un0 from the performance of the contract. ^C|aim^ oe used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, oiokneos, dioeoae, or death, or injury to or the destruction of tangible property including |moo of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agencts, employees, representatives, or any subgrantee/subcontractor or its employees. The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out oforincident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Grantee waives its immunity under Title 51 RCVVto the extent itio required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16' INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Grant. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor 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 Contractor. 17' INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCVV. 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 |ovx. COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee byCOMMERCE under this Contract, and transmit the deducted amount tm the Department of Labor and Industries, (L&|) Division of Insurance Services. This provision does not waive any of L&|'a rights to collect from the Grantee. 1@. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, on now or hereafter amended. 8 GENERAL TERMS AND CONDITIONS S1 9-31450-001 19. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements nr standards necessary for the performance cf this Contract. 20' LIMITATION OF AUTHORITY Only the Authorized Representative orAuthorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition mf this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition uf this contract in not effective or binding unless made in writing and signed by the Authorized Representative. 21' 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 |n the event nf the Grantee's non-compliance Vr 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 COMMERCE. The Grantee shall, however, bo given a reasonable time in which tocure thiononoomp|ianoe. Anydioputemaybereoo|vedinancondanoevviththo ''Diaputmu'' pruomdureaet forth herein. 22' PAY EQUITY The Grantee agrees to ensure that"similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are"similarly employed" if the individuals work for the same emp|oya/, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative ofwhether employees are similarly employed; b. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: /i\ A seniority system; a merit system; ooyotem that measures earnings by quantity Vr quality of production, a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor mrfactors may ino|udm, but not be limited to, eduoation, training, orexperience that is: Consistent with business necessity; not based onor derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential, and account for the entire differential. This Grant may be terminated by the Department, if the Department or the Department of Enterprise uen/icoe determines that the Grantee is not in oVmp|ionoo with this provision. 23' POL0[UCAL ACTIVITIES Political activity cf Contractor employees and officers are limited bythe State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 LISC 1501 1508. No funds may be used for working for or against ballot measures or for or against the candidacy cf any person for public office. 24. PUBLICITY 9 GENERAL TERMS AND CONDITIONS S19-31450-001 The Grantee agrees not to publish or use any advertising or publicity moU*da|n in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent cfCOMMERCE. 25' RECAPTURE |n the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds inanamount to compensate COMMERCE 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 COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 26' RECORDS MAINTENANCE The {Snonhme shall maintain bomkn, reoondo, documento, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period ofsix 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 COMMERCE, personnel duly authorized by COMMERCE, the Office nfthe State Audi1or, and federal and state officials so authorized by |avv. regulation oragreement. |f any litigation, claim or audit ia started before the expiration of the six /8\ year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27' R0GUSTRATUON WITH DEPARTMENT OF REVENUE If required by |avv. the Grantee shall complete registration with the Washington State Department of Revenue. 28' RUGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government,e1 all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 29' 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, COMMERCE may suspend or terminate the Grant under the"Termination for Convenianoe^clause, without the ten calendar day notice requirement. |n lieu of termination, the Grant may bm amended to reflect the new funding limitations and conditions. 30. SEVERABULUTY The provisions of this Grant are intended to be severable. If any term or provision in illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 31' SITE SECURITY While on COMMERCE premises, GnanUoa, its agents, emp|myemo. or subcontractors shall conform in all respects with physioa|, fire or other security policies or regulations. 32' S0BKSRANTUNKS/SUBCONTRACTUNG GENERAL TERMS AND CONDITIONS S19-31450-001 The Grantee may only subcontract work contemplated under this Grant if it obtains the priorwrdten approval mfCOMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures n*|a1ad to subcontracting, oo well ascopies of all subcontracts and records related Vusubcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting pnmoedunya as they relate to this Grant; (b) prohibit the Grantee from subcontracting with o particular person or entity; or (o) require the Grantee to rescind or amend asubcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee in responsible tm COMMERCE if the Subcontractor fails 10 comply with any applicable term nrcondition 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 ofa subcontract operate to release orreduce the liability of the Grantee to COMMERCE for any breach in the performance mf the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 33' 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. 04. 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. 35' l[ERNNUhUATUON FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant ina timely manner, COMMERCE has the right tn suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. |f corrective action ianot taken within 3O calendar days, the Grant may bg terminated orsuspended. |n the event of termination or suspension, the Grantee shall beliable for damages ao authorized by law including, but not limited to, any cost difference between the original Grant and the replacement mr cover Grant and all administrative costs directly related tothe replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, mr prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee ora decision by COMMERCE to terminate the Grant. A termination shall be deemed a"Termination for Convenience" ifitio determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault ornegligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition tm any other rights and remedies, provided bylaw. 36' TERNNINATAON FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE 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, COMMERCE 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. 37' TERN0UNATUON PROCEDURES Upon termination of this Grant, CCJyWMERCE, in addition to any other rights provided in this Grmnt, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the 11 GENERAL TERMS AND CONDITIONS S19-31450-001 performance of such part ofthis Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE,and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is oto1eM. (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of p/o9edy, unless the termination is for defau|t, in which case the Authorized Representative shall determine the extent ofthe liability of COMMERCE. Failure to agree with such dotermina1ionaho||beadiaputewithinthemeaninQofthe^Oinputeo''c|auoeofthioCSnant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE 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 tormina1ion, and except as otherwise directed by the Authorized Representative, 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 oraubgrants/nuboonhacto for mote,ia|o, aerviomn, or facilities except as may be necessary for completion of such portion of the work under the Grant that ionot terminated; 3 Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Repneoenta1ive, all of the righte, dt|m, and interest of the Grantee under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and oubgranto/aubnontra(tn; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and oubcontraoto, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been comp|eted, would have been required tube furnished toCOMMERCE; G. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative, and 7. Take such action as may be neomouery, or as the Authorized Representative may dino(t, for the protection and preservation of the property related tothis Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 38' TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property bythe Grantee. Title to other property,the cost of which is reimbursable to the Grantee under this Grant,shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant. or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole mrin part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall beresponsible for any loss o/ damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part ofthe Grantee to maintain and administer that property in accordance with sound management practices. 12 GENERAL TERMS AND CONDITIONS S19-31450-001 C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 13 Attachment A S19-31450-001 Scope of Work The Scope of Work for this project shall be as presented in: Now Is The Time 2 —City of Yakima Community Health and Safety Plan Vision 2025. 14 Attachment B S19-31450-001 Budget The Budget for this grant project shall be as specified in Block 5 of this grants FACESHEET, and is authorized for use to accomplish all things necessary for or incidental to the performance of work as set forth in the Scope of Work. 15 Attachment S19-31450-001 Reporting The Grantee will report on the achievement of its performance measures, as listed below, on a quarterly basis. The report is due on the 151h day of the month following the end of each calendar quarter of the award period. Performance Measures: 1 ' Coordinator Selection: (name and contact information provide to Commerce) 3 Strategic Planning: Develop Logic Model and Timeline, provide to Commerce) 3 - Create Steering Committee: Provide roster and bylaws to Commerce 4 Create Steering Committee: Funds raised S Develop Partnerships: Number ofknOUs executed, provide list toCommerce) 6 - Develop Capacity Building: Number ofW1OUs/Cmntracts executed, provide list toCommerce) 7 ' Outreach @kselection: Number of youth selected for program participation Q ' Coordinate intake and case management plans: Number of case management plans developed (provide benchmark list toCommerce) 9 Monitoring Progress: Benchmark achievement 10-Capacity Building: Provide summary of progress/achievement ofobjectives Antidotal comments or other materials presenting the progress/impact of the project would be useful to Commerce in accessing the Now is the Time 2 project. WASHINGTON STATE' Cn+ DEPARTMENT OF COMMERGE AGENCY USE ONLY ...— AGENCY NUMBER 4 CONTRACT NUMBER FORM CTED19-IA VOUCHER DISTRIBUTION 1030 i S19-31450-001 AGENCY NAME INSTRUCTION TO VENDOR OR CLAMANT: WASHINGTON STATE Submit this form to claim payment for materiels,merchandise or services DEPARTMENT OF COMMERCE iiShow complete detail for each item ATTN:CSHD/OCVA/Bill Johnston iVendor's Certificate: I hereby certify under perjury that the items and totals listed herein are proper PO BOX 42525 charges for materials,merchandise or services furnished to the State of Washington,and that all goods OLYMPIA,WA 98504-2525 furnished and/or services rendered have been provided without discrimination because of age,sex, marital status,race,creed,color,national origin,handicap,religion or Vietnam era or disabled veterans VENDOR OR CLAIMANT(Warrant Is to be payable to:) status. City of Yakima 129 North Second Street Ana M.Cortez Yakima WA 98901 Eiy: (SIGN IN INK(ANY COLOR EXCEPT BLACK)) Project: Gang Prevention-Yakima Assistant City Manager Contact: Isabel Cruz Tel: 809-576-8384 (TITLE) ‘.70r,TF) Accountant Email: isabel.Cruz@YakimaWA.Gov Invoice Period: 1.EXPENDED THIS REPORTING PERIOD: Grant Funds CONTRACT EXPENDITURE AND REVENUE RECONCILIATION 3.Contract Amount: $ 142,500.00 ... 4.Reimbursements Requested Prior To This Report: 5.Reimbursements Received To-Date: 6.Reimbursements Requested This Report Month: 0 Check here if less than 7.Balance of Grant Funds Remaining (Line 3d-[Line 4+6]): total grant expended(2) __.. .., FED TAX ID I/ i PROGRAM APPROVAL DATE 00C INPUT DATE CURRENT DOC NO REFERENCE DOC NO VEPIECA/14JIdEf g i SW FOR - - ACCOUNT NO A50 44..easEri VENDOR MESSAGE 34012 I SUB , TRANS MASTER FUND APPN PROGRAM ' SUB SUB Sill GL SUBSID 1- INVOICE CODE FUND SOURCE INDEX (ACCT1 INDEX INDEX ;.. OBJ OBJ PROJ PROJ ACCT ACCOUNT TYPE AMOUNT NUMBER 237 I 34590512 1 I 1 ACV WAOVAL DATE ACCr APAN DWI,FUR FA(MENT SATE $ - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 6.F. For Meeting of: August 6, 2018 ITEM TITLE: Resolution authorizing City Manager to accept grant from the Department of Commerce for $150,000 to implement a gang prevention pilot in the City of Yakima SUBMITTED BY: Ana Cortez, Assistant City Manager SUMMARY EXPLANATION: The Governor's Office authorized a proviso in the 2018 budget for the support of a gang prevention pilot in the City of Yakima. The program has been developed through the guidance of the City since 2017. The council authorized staff implementation of the planned pilot at its July 10, 2018 meeting. This pilot program will be guided by values goals articulated in the Vision 2025 plan. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: No Public Safety STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date 0 resolution 7'25/2018 0 grant 7;24'2018 Type Coker Memo Coyer Memo