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
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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
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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;
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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.
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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.
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• 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
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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.
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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
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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.
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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.
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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
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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)