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 :__ ,,
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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
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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
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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