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HomeMy WebLinkAboutR-1990-D5840 FundingD RESOLUTION NO. 5 8 4 0 A RESOLUTION authorizing execution of a contract with the Department of Community Development for funding of Project Rebound Rehabilitation Plus. WHEREAS, the Washington State Department of Community Development has received funds from the United States Depart- ment of Justice under the authority of the Anti -Drug Act of 1986 to provide grants to cities for drug law enforcement, and hHEREAS, the Department of Community Development desires to pro\ide a conditional grant to the City of Yakima for the purr, se of portion\ funding Project Rebound Rehabilitation [Jus ‘,1)1(h has been created bl the Cit\ for the purpose of riddlnq Cit.) neighborhoods of physical structures and environ- mental conditions conducive to drug trafficking operations, and hHEREAS, the Cit\ Council deems it to be in the best interest of the Cit \ of lakima to contract with the Department of Community Development in order to obtain the aforementioned yrant, now, therefore, BF IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The Cit) `tanager and City Clerk are hereb\ authorized and directed to execute the attached and incorporated Yakima Rebound Rehabilitation Plus Contract No. 1-89-26025. AWPTED B1 THE CIT 1 COUNCIL this /3 day of/VOVVmhe ATTEST fres rebound.iv) STATE OF WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT Local Government Assistance Division Yakima Project Rebound Rehabilitation Plus Contract No. 1-89-26025 This CONTRACT, entered into by the City of Yakima (hereinafter referred to as the CONTRACTOR) and the State of Washington Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: o The DEPARTMENT has received funds from the U.S. Department of Justice under authority of the Anti -Drug Act of 1986 to provide grants to local units of government for drug law enforcement. o The DEPARTMENT desires to provide a conditional grant to engage the CONTRACTOR to perform certain tasks as hereinafter agreed upon by both parties. o This conditional grant to the CONTRACTOR is subject to the specific legislation, regulations, and policies applicable to the Anti -Drug Abuse Act of 1986, as amended. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. SERVICE PROVISIONS The CONTRACTOR shall use CONTRACT funds solely to pay for costs of "Yakima Project Rebound Rehabilitation Plus", a neighborhood maintenance and reinvestment program which shall: 1) Sustain neighborhoods through an intensive effort to rid these neighborhoods of physical structures and other environmental conditions conducive to drug trafficking operations; 2) Use neighborhood police officers and neighborhood abatement officers; and 3) Have the primary goal of strengthening urban substance abuse enforcement and prosecution efforts targeted at street drug sales. PROJECT REBOUND BUDGET 1. Personnel 2. Equipment 3. Contractual Services 4. Travel 5. Supplies 6. Operating Expenses $ 48,000 4,000 40,000 2,500 2,000 3.500 TOTAL $100,000 REBOUND.CON 1 2. FUNDING a) The total funds to be reimbursed to the CONTRACTOR for the contract period shall not exceed $100,000. b) The CONTRACTOR shall provide an amount of not less than 25 percent of the cost, in the aggregate, of the uses of the funds provided herein, or up to $33,334, as matching funds. 3. CONTRACT PERIOD The effective date of this CONTRACT shall be September 1, 1990. The termination of this CONTRACT shall be August 31, 1991. 4. REIMBURSEMENT PROVISION The CONTRACTOR shall submit a Washington State Invoice Voucher to the DEPARTMENT indicating the services rendered by the CONTRACTOR during the preceding month. Within twenty (20) days after receiving the voucher, the DEPARTMENT shall remit to the CONTRACTOR a warrant covering the cost of the prior agreed upon activities. The final voucher must be submitted to the DEPARTMENT prior to September 30, 1991. Final payment under this contract shall be contingent upon receipt of the final report. 5. REPORTING REQUIREMENTS The CONTRACTOR shall submit a final report to the DEPARTMENT within sixty (60) days after the termination of the CONTRACT. The final report shall contain at least the following information: a. A narrative report detailing the activities undertaken by Yakima Project Rebound Rehabilitation Plus using CONTRACT funds, and the results of these activities; b. An explanation of how CONTRACT funds strengthened urban substance abuse enforcement and prosecution efforts targeted at street drug sales; c. Information regarding the type and number of physical structures and other environmental conditions conducive to drug trafficking operations that were abated, and how they were abated; and REBOUND.CON 2 d. The total individual staff and FTE committed to Yakima Project Rebound Rehabilitation Plus using CONTRACT funds for neighborhood police officers and neighborhood abatement officers. 6. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend funds in accordance with state law or the provisions of this contract, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed three years following contract termination. Repayment by the CONTRACTOR of funds under this recapture provision shall occur within 30 days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. 7. EVALUATION AND MONITORING. a) The CONTRACTOR shall cooperatively and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract. b) The DEPARTMENT or the State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract excluding confidential information. 8. NONDISCRIMINATION PROVISION There shall be no discrimination against any employee who is paid by the funds indicated in the contract or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. REBOUND.CON 3 9. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, request changes in services to be performed with the funds, or in the amount of funds to be reimbursed to the CONTRACTOR. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 10. TERMINATION OF CONTRACT a) If, .through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements, or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after submitting written notice to the CONTRACTOR describing such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c) Reimbursement for CONTRACTOR services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. d) The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. 11. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract. REBOUND.CON 4 12. HOLD HARMLESS The CONTRACTOR'S relation to the DEPARTMENT and the state of Washington shall be at all times as an independent contractor. Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend and hold the other parties harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each of the other parties. 13. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by contract shall be decided by the DEPARTMENT, which shall produce its decision in writing and mail, or otherwise furnish a copy thereof, to the GRANTEE. The decision of the DEPARTMENT shall be final and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in this contract 'shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 14. GOVERNMENT LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the superior court of Thurston County, Washington. 15. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable. REBOUND.CON 5 16. CONTRACT ADMINISTRATION a) CONTRACTOR'S representative shall be Fred Stouder. b) DEPARTMENT'S representative shall be William Johnston. IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this contract as of the date and year written below. Tim Arnold, Assistant Director Department of Community Development Contractor/City Manager Date Date APPROVED AS TO FORM: Assistant Attorney General REBOUND .CON 6 ATTEST• City Clerk CITY CONTRACT NO.