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
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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
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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.
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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.
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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.
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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
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ATTEST•
City Clerk
CITY CONTRACT NO.