Loading...
HomeMy WebLinkAboutR-1992-D6053 Washington State Department of Community DevelopmentRESOLUTION NO.D 6 0 5 3 A RESOLUTION authorizing execution of a contract with the Department of Community Development for funding of Rebound Plus Program. WHEREAS, the Washington State Department of Community Development has received funds from the United State Depart- ment of Justice under the authority of the Anti -Drug Act of 1988 to provide "urban areas with resources to implement demonstration pilot projects targeting the particular needs of that area with regard to substance abuse, trafficking, and related crime"; and WHEREAS, the Department of Community Development desires to provide a conditional grant to the City of Yakima for the purpose of partially funding the continuation of the Rebound Plus Program, a demonstration program created by the City for the purpose of ridding City neighborhoods of physical struc- tures and en ironmental conditions conducive to drug tr:,:fick- ing operations; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the Department of Community Development in order to obtain the aforementioned grant, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Urban Pilot Demonstration Program." ADOPTED El THE CITY COUNCIL this day of281,5160ejia69E 1992. ATTEST: City Clerk (res/rebnd.sc) STATE OF WASHINGTON DEPARTMENT Or COMARJiti 1TV DEVELOPMENT T LOC•taL GOVERNMENT ASSISTANCE DIVISION 1. Mr. Fred Stouder, Assistant City Manager City of Yakima 129 North 2nd Strew Yakima. Washington 98901 2. Tax identification No. 91-6001293 3. Contract No. 1-91-268004 4. CFDA #16.579 BARS Code 33.16.57 URBAN DEM MS TRA TKm PROJECTS Contract Foca Short 6. Funding Authority: State of Washington Department of Comm. Development 7. Service Area: City of Yakima 8. Contractor's Fiscal Year January 1 to December 31 9. Progress Report interval Starting February 15, 1992: Querterh► 5. Contract Period: December 1, 1991 to November 30. 1992 =in= ======= x ==== ___=== _ _ _ = = = = = _ _ = = = = = _ = ======== _ = - = _ = _ =assn = 10. PURPOSE: To provicf urban areas with resources to implement demonstration pilot projects targeting the particular needs rat that area with regard to substance abuse. trafficking, and related crime. a = = _ = 11. = = = = _ = z _ = = = = = z = _ = _ z = ======== _ _ = = _ Requests for reimbursement under this CONTRACT are subject Salaries Benefits Contracted Services Goods and Services Travel Training Equipment Confidential Funds 12. TOTAL FEDERAL FUNDS $ 79.200 ! $ 23,760 ! $ 45.000 ! $ 18.300 ! ! 800 ! $ 3,000 ! $ 4.500 ! ! -0- ! LOCAL FUNDS -0- -0- 45.000 -0- -0- -0- -0- -0- $ 174.560 ! 45.000 to the following budget: TOTAL $ 79:200 $ 23,760 $ 90.000 $ 18.300 ! 800 $ 3.000 $ 4.500 ! -0- $ 219,560 ==mc z_==_=____ z = _ = = = s = = = = =sass _ _ = = = _ _ = = z = = _ = ====== ==__= ===== _ _ = = = _ = = 13. Estimated Expenditures (for federal funds) DEC $ 14,547 JAN $ 14,547 FEB $ 14.547 MAR $ 14,547 APR $ 14,547 MAY $ 14,547 JUN $ 14,547 JUL i 14.547 AUG $ 14,547 SEP $ 14,547 OCT $ 14,547 NOV $ 14,543 TOTAL $ 174.560 ================== ====_=== 31:2===== =_=-___ _ _ _ _ = = = = = = = = = = = = _ = = = = 14. TERMS AND CONDITIONS: The rights and obligation of both parties to this CONTRACT are governed by the information on this CONTRACT Face Sheet and the other documents incorporated herein by reference: Urban Projects Program CONTRACT/Contract Terms and Conditions. =a=== ===_========_====_==_=_==_======== _ _ = z = = = s = _ _ _ IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachment hereto, and have executed this CONTRACT as of the date and year written below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: Tim E. Arnold, Assistant Director Department of Community Development Name Title Date Date APPROVED AS TO FORM ONLY: John R. Ryan Assistant Attorney General December 17, 1991 CONTRACT 1 1-91-268004 AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT AND CITY OF YAKIMA URBAN PILOT DEMONSTRATION PROGRAM. This AGREEMENT is entered into by and between the DEPARTMENT OF COMMUNITY DEVELOPMENT, (hereinafter referred to as the DEPARTMENT) and CITY OF YAKIMA (hereinafter referred to as the CONTRACTOR). NOW, THEREFORE, in consideration of the covenants, performances, and promises contained herein, the parties hereto agree as follows: FUNDING SOURCE Funding for this CONTRACT is provided to the Department of Community Development by the United States Department of Justice, Bureau of Justice Assistance, under authority of the Anti -Drug Abuse Act of 1988. The total federal funds to be reimbursed to the CONTRACTOR shall not exceed the federal funds reflected on line 12 of the CONTRACT Face Sheet. SCOPE OF SERVICES The CONTRACTOR shall administer funds awarded hereunder solely for activities and projects as described in the CONTRACTCR's Federal Fiscal Year 1991 Application for Urban Pilot Demonstration Projects. Projects must be conducted for one or more of the following twenty-one special purposes: 1. Demand reduction education programs in which law enforcement off icer(s) participate. 2. Multi -jurisdictional task force programs that integrate federal, state and local drug ]law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination, intelligence and facilitating multi - jurisdictional investigations. 3. Programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories and cannabis cultivations. 4. Community and neighborhood programs that assist citizens in preventing and controlling crime, to include special programs that address the problems of crimes committed against elderly and special programs for rural jurisdictions. 5. Programs designed to disrupt illicit commerce in stolen goods and property. 6. Programs for improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes and fraud against the government, with priority attention to cases involving drug-related official corruption. 7. Programs for improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, gang -related and low-income housing drug control programs and programs to develop and implement anti -terrorism plans for deep draft ports, international airports and other important facilities. 8. Career criminal prosecution programs including the development of model drug control legislation. 9. Financial investigative programs that target the identification of money laundering operations and assets obtained through illegal drug trafficking, including the enactment of model legislation, financial investigative training and financial information snaring systems. 10. Programs which improve the operational effectiveness of the court process through programs such as court delay reduction programs and enhancement programs. 11. Programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs and long-range corrections and sentencing strategies. 12. Prison industry projects designed to place inmates in a realistic working and training environment which will enable them to acquire marketable skills and tc make financial payments fcn restitution to their victims, for support of their families and for support of themselves in the institutior. 13. Programs which identify and meet the treatment needs of adult and juvenile drug -dependent and alcohol -dependent offenders. 14. Programs which provide assistance to jurors and witnesses and assistance (other than compensation) to victims of crime. 15. Programs to improve drug control technology, such as pretrial drug testing programs, programs which provide for the identification, assessment, referral to treatment, case urban.con 2 management and monitoring of drug dependent offenders, enhancement of state and local forensic laboratories and criminal justice information systems to assist law enforcement, prosecution, court and corrections organizations (including automated fingerprint identification systems.) 16. Innovative programs that demonstrate new and, different approaches to enforcement, prosecution and adjudication of drug offenses and other serious crimes. 17. Programs which address the problems of drug trafficking and illegal manufacture of controlled substances in public housing. 18. Programs to improve the criminal and juvenile justice systems' responses to domestic and family violence, including spouse abuse, child abuse and abuse of the elderly. 19. Drug control evaluation programs which state and local units of government may utilize to evaluate programs and projects directed at state drug control activities. 20. Programs which provide alternatives to prevent detention, jail and prison for persons who pose no danger to the community. 21. Programs, with a primary goal of strengthening urban enforcement and prosecution efforts targeted at street drug sales. PERFORMANCE STANDARDS The CONTRACTOR shall perform the projects defined by the CONTRACTOR in the Federal Fiscal Year. 1991 Urban Pilot Demonstration Projects application submitted to the DEPARTMENT, as amended and approved by the DEPARTMENT and such application is incorporated herein; in accordance with the budget and estimated expenditure plan as stated on the CONTRACT Face Sheet and in accordance with other policies and procedures issued by the DEPARTMENT. TERMS AND CONDITIONS The CONTRACTOR shall perform in accordance with the terms and conditions of this CONTRACT. This CONTRACT contains the entire agreement of the parties and may not be modified or amended except as provided herein. This CONTRACT consists of the following documents: FFY 1991 CONTRACT FACE SHEET FFY 1991 Urban Pilot Demonstration Project Application urban .con 3 PERIOD OF OBLIGATION The CONTRACT period during which ,nancial assistance may be provided is December 1, 1991, thrz'.igh November 30, 1992. The effective date of this CONTRACT shall be the date the last party signs this CONTRACT. DUPLICATION OF COSTS The CONTRACTOR certifies that work to be performed under this CONTRACT does not duplicate any work to be charged against any other CONTRACT, SUBCONTRACT, or other funding. The CONTRACTOR shall include the provisions of this clause in any SUBCONTRACT. ALLOWABLE COSTS Allowable costs shall include costs incurred by the CONTRACTOR from December 1, 1991, until this CONTRACT is terminated or expires as provided herein, but in no event shall allowable costs exceed the maximum federal amount of the CONTRACT as provided at line 12 of the CONTRACT Face Sheet. Costs allowable under this CONTRACT are based on a budget approved by the DEPARTMENT. The DEPARTMENT shall pay to the CONTRACTOR all -allowable costs incurred from the effective date until this CONTRACT is terminated or expires as evidenced by proper invoice, submitted to the DEPARTMENT on a timely basis, insofar as those allowable costs do not exceed the amount appropriated or otherwise available for such purposes as stated on the CONTRACT Face Sheet. PROGRAM MANAGEMENT The DEPARTMENT Program Manager shall be responsible for monitoring the performance of this CONTRACT; including approval and acceptance of reports provided by the CONTRACTOR. The Program Manager shall provide and facilitate assistance and guidance to the CONTRACTOR as necessary. PROGRAM ADMINISTRATION The CONTRACTOR shall notify the DEPARTMENT of the local program administrator who shall be responsible for the performance of this CONTRACT. The CONTRACTOR shall provide the DEPARTMENT with the program administrator's name, address, telephone number(s), and any subsequent changes. ORDER OF PRECEDENCE In the event of any inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal statutes and regulations; 2. Applicable state statutes and regulations; 3. Urban Pilot Demonstration Project CONTRACT Terms and Conditions; urban.con 4 4. CONTRACTOR's FFY 1991 Urban Pilot Demonstration Project Application. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may 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 ag:reed 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. BUDGET REVISIONS The CONTRACTOR shall submit to the DEPARTMENT a written request to effect any change(s) in the project budget which reflect a cumulative transfer of greater than ten (10) percent in the aggregate among budget line items as indicated on the CONTRACT Face Sheet. The DEPARTMENT may approve or deny the request in its sole discretion. REPORTING REQUIREMENTS The CONTRACTOR shall submit required reports by the date due using required forms according to procedures issued by the DEPARTMENT. The reports and their due dates shall include, but not be limited to: REPORT A. Expenditure Report and Request for Reimbursement B. Quarterly Program Activity Report C. Final Expenditure Report ]REIMBURSEMENT PROVISIONS 1. BILLING PROCEDURES DATE DUE The 15th of the month following the month when expenditures were incurred. The :15th of the month following the three-month period in which activities were performed. December 15, 1992 The CONTRACTOR shall submit a Monthly Expenditure Report and Request for Reimbursement Form to the DEPARTMENT by the fifteenth (15th) of the month following the month expenses were incurred, indicating the type of services rendered and costs incurred by the CONTRACTOR during the preceding month. urban.con 5 Within twenty (20) days after receiving the required reports, the DEPARTMENT shall remit to the CONTRACTOR a warrant covering the cost of the prior agreed upon activities. The final reports must be submitted to the DEPARTMENT within 45 days from the CONTRACT ending date, as stated on the CONTRACT Face Sheet, or within 45 days of the termination of this CONTRACT. 2. MATCH FUNDS The CONTRACTOR shall provide a 25 percent local -match. The CONTRACTOR may expend match funds in a greater proportion to grant funds. At a minimum, the CONTRACTOR is obligated to expend match funds prior to the close of the CONTRACT. Failure of the CONTRACTOR to achieve such a match level may result in a recapture or reduction in funds. The DEPARTMENT reserves the right to determine the amount of reduction in its sole discretion. Any reduction of funds shall be based on a review of the CONTRACTOR'S expenditure patterns, actual performance, and discussion between the DEPARTMENT and the CONTRACTOR. 3. MONTHLY RECONCILIATION The DEPARTMENT Program Manager shall review the CONTRACTOR's level of actual expenditure against the estimated expenditures as included on the CONTRACT Face Sheet. Failure of the CONTRACTOR to achieve a satisfactory level of 75 percent of estimated expenditures on a quarterly basis, may result in a reduction of funds. The DEPARTMENT reserves the right to determine the amount of such a reduction in its sole discretion. Any reduction shall be based on a review of the CONTRACTOR's spending pattern, Monthly Expenditure Report and Request for Reimbursement, Quarterly Program Activity Report(s), and discussion between the DEPARTMENT and the CONTRACTOR. EVALUATION AND MONITORING The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to this CONTRACT. The DEPARTMENT, the State Auditor, or a representative of the United States Department of Justice, 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, the State Auditor, or the Department of Justice may deem necessary, all of the CONTRACTOR's records with respect to all matters covered in this CONTRACT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all CONTRACTs, invoices, materials, payroll, and records of matters covered by this CONTRACT. Such rights extend for three years from the date final payment is made hereunder. urban.con 6 • ENTIRE AGREEMENT This AGREEMENT contains all the terms and conditions agreed upon by the parties„ No other understanding, oral or written, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. This AGREEMENT may not be modified or amended except as provided herein. The CONTRACTOR shall comply with all applicable laws,, ordinances, codes, regulations and policies of local, state, and federal governments. urban.con 7 URBAN PILOT DEMONSTRATION PROJECT CONTRACT TERMS AND CONDITIONS pEFINITIONS As used throughout this CONTRACT, the following terms shall have the meanings set forth below: 1. "DEPARTMENT" shall mean the Department of Community Development of the State of Washington, any division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully representing the DEPARTMENT. 2. "CONTRACTOR" shall mean the agency, firm, provider, organization, individual or other entity performing services under this CONTRACT. It shall include any SUBCONTRACTOR retained by the prime CONTRACTOR as permitted under the terms of this CONTRACT. 3. A "SUBCONTRACTOR" shall mean a person or entity who is not an employee of the CONTRACTOR, who is performing all or part of those services under this CONTRACT under a separate CONTRACT with the CONTRACTOR. The. terms "'SUBCONTRACTOR" and "SUBCONTRACTORS" mean SUBCONTRACTOR(S) in any tier. GOVERNING 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. CONTRACTOR NOT EMPLOYEE OF AGENCY The CONTRACTOR, and his/her employees or agents performing under this CONTRACT, are not deemed to be employees of the DEPARTMENT in any manner whatsoever. The CONTRACTOR will not hold himself/herself out as, nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason hereof and will not make any such applicable claim, demand, or application to or for any right or privilege. NONDISCRIMINATION During the performance of this CONTRACT, the CONTRACTOR shall comply with the DEPARTMENT'S nondiscrimination plan and the federal and state laws upon which it is based. Requirements of the nondiscrimination plan are hereby incorporated by reference, and include, but are not limited to: 1. Nondiscrimination in employment: The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or urban.con 8 physical handicap. The CONTRACTOR shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or selection for training, including apprenticeships and volunteers. 2. Religious Activity: The CONTRACTOR shall not use any curricula or materials which have any religious orientation. The CONTRACTOR shall not require participants in its Urban Pilot Demonstration Project to participate in any religious activity. NONCOMPLIANCE WITH NONDISCRIMINATION PLAN In the event of the CONTRACTOR'S noncompliance or refusal to comply with the above non-discrimination plan, this CONTRACT may be rescinded, canceled or terminated in whole or in part,, and the CONTRACTOR may be declared ineligible for further CONTRACTS with the DEPARTMENT. The CONTRACTOR shall, however," be given a reasonable time, in no event to exceed thirty (30) days, in which to correct this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. USE OF MINORITY AND WOMEN BUSINESS ENTERPRISES The CONTRACTOR shall provide the maximum opportunity to ;Minority and Women Business Enterprises to participate in the performance of the CONTRACT. This condition shall be included in all available SUBCONTRACTS. INDEMNIFICATION The CONTRACTOR shall defend, protect, indemnify, save and hold harmless the DEPARTMENT and the State of Washington from and against any and all claims, costs, damages, expenses, or liability including reasonable attorneys' fees for any and all injuries to persons or tangible property, arising from the acts or omissions of the CONTRACTOR or any authorized SUBCONTRACTOR, or any employees or agents of either in the performance of this CONTRACT, howsoever caused. In the case of negligence of both the DEPARTMENT and the CONTRACTOR, damages shall be levied in proportion to the percentage of negligence attributed by the Court to each party. The CONTRACTOR is responsible for ensuring that the SUBCONTRACTOR(s) include a comprehensive indemnification clause holding harmless the CONTRACTOR, the DEPARTMENT, and the State of Washington. urban. con 9 LIABILITY INSURANCE The DEPARTMENT assumes no liability with respect to bodily injury, illness, accident, theft, or any other damages or losses concerning persons or property, or involving the CONTRACTOR'S equipment or vehicles. The CONTRACTOR is responsible for providing adequate insurance coverage to protect against legal liability arising out of activities under this CONTRACT. The CONTRACTOR shall notify the DEPARTMENT thirty (30) days before cancellation or reduction in the CONTRACTOR's insurance coverage. The CONTRACTOR shall provide minimum public liability insurance coverage of $100,000 per person, $300,000 per accident for bodily injury, and $25,000 per accident for property damage. The CONTRACTOR shall provide theft coverage of not less than the acquisition value of equipment and materials having a unit acquisition value of $500 or more and a useful life of more than one year. If the CONTRACTOR uses motor vehicles in conducting activities under this CONTRACT, minimum liability insurance coverage of $100,000 per person, $300,000 per accident for bodily injury, and $25,000 per accident for property damage shall fie provided. In addition, collisio- and comprehensive insurance against physical damage inclLiing theft shall be provided with a maximum deductible of $500 for collision and $50 for comprehensive coverage except when the cost of the coverage would exceed the value of the vehicle during the CONTRACT period. Alternatively, the CONTRACTOR may provide the coverage specified above under a self-insurance risk management program. Additionally, the CONTRACTOR is responsible for ensuring that liability related to SUBCONTRACTOR activity is appropriately covered by insurance provided either by the SUBCONTRACTOR or CONTRACTOR. LABOR AND INDUSTRIAL INSURANCE COVERAGE The CONTRACTOR shall provide or purchase industrial insurance coverage prior to performing wcrk under this CONTRACT. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for a consultant, or any SUBCONTRACTOR or employee of the CONTRACTOR, which might arise under the industrial insurance laws during performance of duties and services under this CONTRACT. The CONTRACTOR shall include this requirement in all approved SUBCONTRACTS. BONDING The CONTRACTOR shall ensure that every officer, director, or employee whc Is authorized to act on behalf of the CONTRACTOR or any SUBCONTRACTORS for the purpose of receiving or depositing urban.con 10 funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be bonded to provide protection against loss. SUBCONTRACTOR bonding may be provided by the SUBCONTRACTOR or the CONTRACTOR. Fidelity bonding secured pursuant to the CONTRACT shall be $100,000 or the highest planned advance or reimbursement for the CONTRACT period, whichever is lowest. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or agency has beer► employed or retained on a contingent fee for the purpose of seeking or obtaining this CONTRACT. This does not apply to legitimate employees or an established commercial or selling agency maintained by the CONTRACTOR for the purpose of securing business. In the event of breach of this clause by the CONTRACTOR, the DEPARTMENT may at its discretion: 1. Annul the CONTRACT without any liability; or 2. Deduct from the CONTRACT price or consideration or otherwise recover the full amount of any such contingent fee. PROGRAM INCOME Program income generated by interest-bearing accounts or otherwise under this CONTRACT shall be used for operational expenses not included in the total approved budget. CONFLICT OF INTEREST The DEPARTMENT may, by written notice to the CONTRACTOR: 1. Terminate the right of the CONTRACTOR to proceed under this CONTRACT if it is found, after due notice and examination by the DEPARTMENT, that gratuities in the form of entertainment, gifts or otherwise were offered or given by the CONTRACTOR, or an agent or representative of the CONTRACTOR, to any officer or employee of the DEPARTMENT, with a view towards securing this CONTRACT or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this CONTRACT. 2. In the event this CONTRACT is terminated as provided in (1) above, the DEPARTMENT shall be entitled to pursue remedies against the CONTRACTOR for breach of the CONTRACT by the CONTRACTOR. The rights and remedies of the DEPARTMENT provided for in this section are in addition to any other rights and remedies provided by law. Any determination made by the DEPARTMENT under this clause may be reviewed as provided in the "Disputes" clause of this CONTRACT. urban.con 11 TREATMENT OF ASSETS The CONTRACTOR shall take the following actions to secure the financial interest of the DEPARTMENT in items purchased under this CONTRACT: 1. Title to all property furnished by the DEPARTMENT shall remain in the DEPARTMENT. Title to all property purchased by the CONTRACTOR, the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this CONTRACT, shall remain in the CONTRACTOR provided the CONTRACTOR certifies to the DEPARTMENT that the property will be used for urban pilot demonstration project purposes. If such certification is not made, title shall vest in the DEPARTMENT. 2. The CONTRACTOR shall be responsible for any loss or damage to property of the DEPARTMENT which results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices. 3. The CONTRACTOR shall maintain records, perform inventories, and maintain control systems to prevent loss, damage, or theft of equipment, materials, and supplies. 4. A non -expendable equipment inventory shall be maintained on file by the CONTRACTOR. The DEPARTMENT'S interest in equipment purchased under this CONTRACT and prior CONTRACTS from the same funding source is automatically transferred forward to the next CONTRACT year at the close of this CONTRACT period. 5. The CONTRACTOR shall surrender to the DEPARTMENT all property of the DEPARTMENT prior to settlement upon completion, termination, or cancellation of this CONTRACT. PROCUREMENT STANDARDS The CONTRACTOR shall establish procurement policies and procedures for all purchases funded by this CONTRACT as follows: 1. Establish a code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of bids using CONTRACT funds. 2. Ensure that all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. CONTRACTORS and SUBCONTRACTORS shall be required to receive prior approval from the DEPARTMENT for using funds from this CONTRACT to enter into a sole source CONTRACT or a CONTRACT where only one bid or proposal is received when value of the CONTRACT is expected to exceed $5,000. urban.con 12 Prior approval requests shall include: a copy of the proposed CONTRACT, any related procurement documents, and justification for noncompetitive procurement, if applicable. NONASSIGNABILIT'Y OF CLAIMS The CONTRACTOR shall not assign or transfer any claim arising under this CONTRACT. .RIGHTS OF DATA All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks, and reports prepared by the CONTRACTOR under this CONTRACT shall be for the common use of both the CONTRACTOR and the DEPARTMENT. The DEPARTMENT may duplicate, use, and disclose in any manner, and for any purpose whatsoever, all material prepared under this CONTRACT. The CONTRACTOR shall be required to obtain prior approval of the DEPARTMENT to produce patents, patent rights, inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole or .in part, with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions or discoveries shall be disposed of and administered in order to protect the public interest. Before the CONTRACTOR copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. RECAPTURE PROVISION In the event the CONTRACTOR fails to expend fund: 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 (3) years following termination of this CONTRACT. Repayment by the CONTRACTOR of funds under this recapture provision shall occur within thirty (30) days of demand. WRITTEN POLICIES AND PROCEDURES Written policies and procedures consistent with federal and state regulations, as applicable, shall be, kept on file in the office of the CONTRACTOR or its local programs and available for review. Such policies and procedures shall include, but not be limited to: personnel regulations; job descriptions; organizational charts; travel regulations; fiscal management regulations; and an Affirmative Action Policy and Plan. DOCUMENTS ON FILE Documents consistent with federal and state regulations, as applicable, shall be kept on file in the office of the CONTRACTOR or its local programs and available for review. Such documents shall include, but not be limited to: Articles of urban.con 13 Incorporation/Tribal Charter; bylaws; IRS Nonprofit Status Certification; latest agency audit; and insurance policies and bonding required by the CONTRACT. APPLICABLE LAWS AND REGULATIONS The CONTRACTOR shall comply with all applicable laws, ordinances, codes, regulations, and policies of state and federal governments, as now or hereafter amended. RECORDS AND DOCUMENTS The CONTRACTOR shall maintain books, records, documents, and other evidence which properly reflect all costs of any nature expended in the performance of this CONTRACT. Such records shall reflect financial procedures and practices, participant records, statistical records, property and materials rec :.rds and supporting documentation. These records shall be subject at all reasonable hours to review and audit by the DEPARTMENT, the Office of the State Auditor, and state and federal officials so authorized by law. The CONTRACTOR shall retain all such records for a period of three (3) years from the termination of the CONTRACT. If any litigation or audit is begun in the period during which records must be retained, or if a claim is initiated involving the CONTRACT or any related agreement, the CONTRACTOR must retain the related records until the litigation, audit, or claim has been finally resolved. LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS 1. No funds will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an officer or employee of Congress, or an employee of a member of Congress in connection with the making of this CONTRACT, which is funded with federal grant funds. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempt::ng to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Cc.ress in connection with this CONTRACT, the CONTRA::OR shall complete and submit Standard Form - III, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The CONTRACTOR shall require that the langzage of this certification be included in the CONTRACT : DISPUTES Except as otherwise provided in this CONTRACT, any dispute concerning a question of fact arising under this agreement shall be decided by the DEPARTMENT, which shall render its decision in writing and shall mail, or otherwise furnish a copy thereof, to the CONTRACTOR. The decision of the DEPARTMENT shall be final and conclusive. LEGAL PROCEEDINGS In the event the DEPARTMENT is required to institute legal proceedings to enforce any provision of this CONTRACT and is the prevailing party, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorneys' fees. TERMINATION OF CONTRACT 1. 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 the 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 thirty (30) days after submitting written notice to the CONTRACTOR describing such default or violation. 2. 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. 3. 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. 4. The DEPARTMENT may immediately and 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. Such termination shall be effective when the DEPARTMENT sends written notice of termination to the CONTRACTOR. LICENSING AND ACCREDITATION STANDARDS The CONTRACTOR shall comply with all applicable local, state, and federal licensing and accrediting requirements/standards necessary in the performance of this CONTRACT. 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, urban.con 15 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. SINGLE AUDIT ACT REQUIREMENTS All program funds awarded under this CONTRACT shall be audited on an annual basis. A CONTRACTOR shall: 1. Adhere to the federal Office -of Management and Budget (OMB) Circular A-128 (local governments), and A-133 (non-profit organizations), and other applicable federal and state regulations; 2. Provide access to independent auditors to its financial records; 3. Maintain accounting records that will enable separate identification of all funds received and expended, and assure that SUBCONTRACTORS also maintain records which are auditable. The CONTRACTOR shall be responsible for any audit exceptions incurred by its own organization or that of its SUBCONTRACTORS. The DEPARTMENT reserves the right to recover disallowed costs resulting from the final audit; 4. The CONTRACTOR shall be responsible for sending three (3) copies of the audit report to the DEPARTMENT as soon as it is available; and 5. The CONTRACTOR shall include these requirements in all approved cost reim rsement SUBCONTRACTS. ACKNOWLEDGEMENT OF FEDERA , FUNDS The CONTRACTOR and its SUBCONTRACTORs shall comply with the special conditions listed below: 1. The CONTRACTOR agrees that, when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, the CONTRACTOR and all SUBCONTRACTORs receiving federal funds under this CONTRACT, including but not limited to state and local governments and school districts, shall clearly state: 1) the percentage of the total cost of the program or project which will be financed with federal funds; and 2) the dollar amount of federal funds for the project or program; 2. The CONTRACTOR agrees that any publication written, visual, or sound, but excluding press releases, newsletters, and issue analyses issued by the CONTRACTOR or by any SUBCONTRACTOR describing programs or projects funded in whole or in part with federal funds under this CONTRACT, shall contain the following statement: urban.con 16 "This project was supported by a grant from the Bureau of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions contained within this document do not necessarily represent the official position or policies of the U.S. Department of Justice."; and 3. The CONTRACTOR agrees that one copy of any such publication 14ill be submitted to the DEPARTMENT to be placed on file and distributed as appropriate to other potential contractors or interested parties. The DEPARTMENT may waive the requirement for submission of any specific publication upon submission of a request providing justification from the CONTRACTOR. urban. con 17 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 Meeting of 1/21/92 ITEM TITLE: Resolution authorizing execution of a contract with the State of Washington for Rebound Plus funding. SUBMITTED BY: Frederick C. Stouder, Assistant City Manager and Glenn K. Rice, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Frederick Stouder/575-6123 Glenn K. Rice/575-6113 SUMMARY EXPLANATION: Attached is a copy of the State of Washing- ton contract for the Yakima Rebound Plus Program grant award of $174,560.00 through the State Department of Community Development. This grant is for the current Rebound budget for December 1, 1991 thru November 30, 1992. Efforts are continuing to secure other funds. *************************************************************************************** * X RESOLUTION ORDINANCE X °ATTRACT MINUTES PIAN/IMP * NOTIFICATION LTST OTHER * * APPROVED FOR SUBMITTAL: CITY MANAGER * *************************************************************************************** STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (state/rebnd.sc)