HomeMy WebLinkAboutR-2023-163 Resolution authorizing the purchase of Flock Falcon LPR cameras funds awarded in City Contract 2023-163, Resolution R-2023-128 RESOLUTION NO. R-2023-163
A RESOLUTION authorizing the purchase of Flock Falcon LPR cameras with vehicle
fingerprint from Insight Public Sector utilizing grant funds award in City
Contract 2023-163, and Resolution R-2023-128.
WHEREAS, the City of Yakima entered into an Intergovernmental Cooperative
Purchasing Agreement with OMNIA partners under Resolution No. R-2021-021 and Contract
No. 2021-027, and therefore is a member of OMNIA Partners Public Sector under member
participation number 1146160; and
WHEREAS, Insight Public Sector participated in the competitive bid process in response
to Cobb County solicitation #23-6692 by submitting a proposal, on which Cobb County awarded
Insight Public Sector an OMNIA contract, numbered 23-6692-03 (hereinafter, the "OMNIA
Contract"); and
WHEREAS, documentation of the competitive bid process, as well as Insight Public
Sector's contract with and pricing information for OMNIA is available at
https://www.OmniaPartners.com/suppliers/insight-public-sector/public-sector/contract-
ducuments#contract-1846 and complies with the procurement requirements of 2 CFR Part
200.318 through 200.326; and
WHEREAS, the City of Yakima desires to take advantage of the favorable bid response
to Cobb County and purchase off the OMNIA Contract to procure Flock Falcon LPR cameras
with vehicle fingerprint and learning software with real alerts, which Insight Public Sector agrees
to deliver pursuant to the OMNIA Contract and under the terms and conditions as found in
agreement; and
WHEREAS, the City was awarded an ARPA Fund Grant reimbursement in the amount
of $123,462.00 from Yakima County, City Contract#2023-163 and resolution R-2023-128, for
the purchase, set-up and testing of Flock cameras; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into this contract regarding Flock cameras; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized to purchase of Flock Falcon LPR cameras with vehicle
fingerprint and learning software with real alerts pursuant to the grant agreement with Yakima
County and the quote (attached hereto and incorporated herein) procured through the OMNIA
intergovernmental purchasing contract.
ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023.
LU
Janice Deccio, Mayor
ATTEST: PKiMq 1q
* : SEAL•: *%
Rosalinda lbarra, City Clerk �h�•SNiNG��=
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: November 21, 2023
ITEM TITLE: Resolution authorizing the purchase of Flock Falcon LPR cameras
with vehicle fingerprint from Insight Public Sector utilizing grant
funds awarded in City Contract 2023-163, Resolution R-2023-128
SUBMITTED BY: Susan Knotts, Purchasing Buyer I I
*Tory Adams, Police Lieutenant
SUMMARY EXPLANATION:
The City of Yakima was awarded $123,462.00 in ARPA funds from Yakima County to purchase
Flock cameras through City contract#2023-163 and Resolution R-2023-128.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 11/17/2023 Resolution
❑ Contract 10/31/2023 Contract
❑ Quote 10/26/2023 Backup Material
2
RESOLUTION NO. R-2023-
A RESOLUTION authorizing the purchase of Flock Falcon LPR cameras with vehicle
fingerprint from Insight Public Sector utilizing grant funds award in City
contract 2023-163, and resolution R-2023-128.
WHEREAS, the City of Yakima entered into an Intergovernmental Cooperative
Purchasing Agreement with OMNIA partners under Resolution No. R-2021-021 and Contract
No. 2021-027, and therefore is a member of OMNIA Partners Public Sector under member
participation number 1146160; and
WHEREAS, Insight Public Sector participated in the competitive bid process in response
to Cobb County solicitation #23-6692 by submitting a proposal, on which Cobb County awarded
Insight Public Sector an OMNIA contract, numbered 23-6692-03 (hereinafter, the "OMNIA
Contract"); and
WHEREAS, documentation of the competitive bid process, as well as Insight Public
Sector's contract with and pricing information for OMNIA is available at
https://www.OmniaPartners.com/suppliers/insight-public-sector/public-sector/contract-
ducuments#contract-1846 and complies with the procurement requirements of 2 CFR Part
200.318 through 200.326: and
WHEREAS, the City of Yakima desires to take advantage of the favorable bid response
to Cobb County and purchase off the OMNIA Contract to procure Flock Falcon LPR cameras
with vehicle fingerprint and learning software with real alerts, which Insight Public Sector agrees
to deliver pursuant to the OMNIA Contract and under the terms and conditions as found in
agreement; and
WHEREAS, the City was awarded an ARPA Fund Grant reimbursement in the amount
of$123,462.00 from Yakima County, City Contract#2023-163 and resolution R-2023-128, for
the purchase, set-up and testing of Flock cameras; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into this contract regarding Flock cameras; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized to purchase of Flock Falcon LPR cameras with vehicle
fingerprint and learning software with real alerts pursuant to the grant agreement with Yakima
County and the quote (attached hereto and incorporated herein) procured through the OMNIA
intergovernmental purchasing contract.
ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023.
Janice Deccio, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
3
BOARD OF YAKIMA COUNTY COMMISSIONERS
• '� ( Agenda Request Form (ARF}
Deliver completed ARF and finalized agenda item to the Clerk or Deputy Clerk
/ ;C�"��! of the Board at the Yakima County Commissioners'Office, Room 232.
Board of County Commissioners Record Assigned
Stefanie Truex
Prepared by:
## BOCC Agreement
Financial Services
Department: 2 Q 6 _ 2 0 2 3
10/03/2023 O
Requested Agenda Date: Yakima County, WA
Craig Warner
Presenting:
Action Requested—Check Applicable Box:
nPASS RESOLUTION 111 EXECUTE or AMEND
PASS ORDINANCE AGREEMENT, CONTRACT, or GRANT
OTHER
ISSUE PROCLAMATION
Document Title:
Agreement NO. 41002 between Yakima County and City of Yakima in conjunction with the American Rescue
Plan, Coronavirus State and Local Fiscal Recovery Funds Award
Background Information:
The Yakima Police Department is installing automated license plate reading (ALPR) cameras to solve and
reduce crime. The cameras are built by Flock Safety, a public safety technology company that helps
neighborhoods, communities, and regional law enforcement work together to fight crime. The City of Yakima
has committed to buying forty (40) Flock Cameras, strategically positioned around the City.
Describe Fiscal Impact:
Yakima County will provide City of Yakima award amount not to exceed $123,462.00 for reimbursement of
eligible expenses described in the Budget Detail (Exhibit B) in the contract.
Summary& Recommendation:
Approve Agreement
,..-- \.)T , 6%
Depa4;777
Head/Elected Official Signature Corporate Counsel Initial (for Agreements Only)
4
AGREEMENT NO.41002 BETWEEN YAKIMA COUNTY AND
FIRMX IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN,
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AWARD
I Contracted Firm 2.Award Amount 3.Contractor is a:
City of Yakima ®Subrecipient
129 N 2nd Street S123,462.00 ❑Vendor
Yakima,WA 98901
4.Contracted Firm Representative 5.Yakima County Financial Services
Tory Adams,Police Lieutenant Craig Warner,Financial Services Director
129 N 2nd Street Yakima County
Yakima.WA 98901 128 N.2'd St Rm 231
(509)576-6342 Yakima.WA 98901
509-574-1313
craig.warneri-i.co.yakima.wa.us
6.Yakima County Contract Manager 7.Start Date
Stefanie True,Sr Manager 08/01/2023
Yakima County 8.End Date
128 N.2"d St Rm 231 08/31/2026
Yakima.WA 98901
509-574-1504 9.ALN#
craig.wamergco.yakima wa us 21.027—Coronavirus State and Local Fiscal Recovery Funds
10.Federal Agency:
U.S. Department of Treasury
II. UEI# 12.Contract Number
FJNNX1XFJ9K3 ARPA-41002
O. Contract Purpose& Description: The American Rescue Plan (ARP)/Coronavirus State and Local Fiscal Recovery Funds (SLFRF)
requires that the payments from the Coronavirus State and Local Fiscal Recovery Funds be used to cover expenses:(1)that respond to the
COVID-19 public health emergency or its'negative economic impacts,including assistance to households,small businesses,and nonprofits,
or aid to impacted industries such as tourism,travel,and hospitality; (2)that respond to workers performing essential work during the
COVID-19 public health emergency by providing premium pay to eligible workers; (3) for the provision of government services to the
extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent fiscal year
prior to the emergency;and(4)that make necessary investments in water,sewer,or broadband infrastructure.
14. IN WITNESS WHEREOF YAKIMA COUNTY and the AGENCY NAME acknowledge and accept the terms of this AGREEMENT,
including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this
AGREEMENT as of the date below. This AGREEMENT Face Sheet; Statement of Work (Exhibit A); Budget (Exhibit B); and all other
documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the
parties and govern the rights and obligations of the parties to this AGREEMENT. No other understandings,oral or otherwise,regarding the
subject matte of his AGR MENT shall be deemed to exist or to bind any of the parties hereto.
FOR THE C N ED I BOARD OF COU TY COMNyNERS
Signature Date LaDon inde.Chaff n e` F VAK1Mq OOP+ht
`4,
WA y'' r
Robert Hamson �'��� OF $ y ��rrr/
Q r` �: nri
Name —1 Amanda Mc n?,Co ;miss' ner w•
CITY CONTRACT NO: l X1Y&
� _ j =;City Manager RESOLUTION N0: OS/ ft ', .
Kyle Curtis.Commissioner
Tal 4t�J'•. p�s
e OCT 0 3 2023 +t,ttb,,s,••40/V :* s��*
Appr ed as to Form: DATED ment Number: 1%%%
Attest:
t l a• nce,Clerk of the Board
Yakima County Deputy Prosecuting Attorney BOCC Agreement
WV; I—r (FACE SHEET)
28 6 - 2 3 2 3
Page 1 of 34
Yakima County, WA
5
WHEREAS, pursuant to the provisions of the Revised Code of Washington (RCW)
§36.32.120(6), the Board of County Commissioners has the care of County property and the
management of County funds and business; and
WHEREAS,this AGREEMENT is entered into between the local government ARPA
recipient YAKIMA County (herein call COUNTY)and City of Yakima(herein called FIRM).
NOW,THEREFORE, in consideration of the mutual promises and conditions set forth
herein, the parties mutually agree as follows:
SECTION NO. 1: SERVICES
FIRM shall provide those services set forth in the Scope of Work attached hereto as Attachment
"A"consisting of one page and is incorporated herein by reference. Services provided by FIRM
shall be performed to the standard set by the County Representative, listed on the contract.
SECTION NO. 2: FINANCIAL REQUIREMENTS
FIRM agrees to comply with all applicable state and federal laws,rules,regulations,requirements and
program guidance identified or referenced in this AGREEMENT,and the federal regulations and any
executive orders commonly applicable to federal grants.
SECTION NO.3: TERM
The term of this AGREEMENT shall commence as of the start date on the FACE SHEET and shall
terminate on the end date on the FACE SHEET.
SECTION NO.4: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contracted FIRM relationship will be created by this
AGREEMENT. FIRM and/or employees, agents or any subrecipient to this contracted FIRM
performing under this AGREEMENT are not employees or agents of the COUNTY in any manner
whatsoever. FIRM will not be presented as, nor claim to be,an officer or employee of the COUNTY
by reason of this AGREEMENT nor will FIRM make any claim, demand or application to or for any
right or privilege applicable to an officer or employee of the COUNTY by reason of this
AGREEMENT, including but not limited to, Workmen's Compensation coverage, unemployment
insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit
which would accrue to a civil service employee under Chapter 41.06 RCW.
Page 2 of 34
6
SECTION NO. 5: COMPLIANCE WITH LAWS
FIRM and the COUNTY agree that all activity pursuant to this AGREEMENT will be in accordance
with all applicable current federal,state and local laws,rules and regulations.As a recipient of federal
financial assistance under this AGREEMENT, FIRM shall comply with all applicable state and
federal statutes, regulations, executive orders and guidelines, including but not limited to the
following:
A. FIRM must comply with the Americans with Disabilities Act (ADA) of 1990, Public Law
101-336, 42 U.S.C. 12101 et seq. and its implementing regulations also referred to as the
ADA 28 CFR Part 35.The ADA provides comprehensive civil rights protection to individuals
with disabilities in the areas of employment, public accommodations, state and local
government services and telecommunications.
B. FIRM shall solely comply with any and all applicable federal, state and local laws,
regulations, executive orders, OMB Circulars and/or policies and the COUNTY will not
be responsible for determining FIRM's compliance. This obligation includes, but is not
limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act
(PL 94-163,as amended),the Americans with Disabilities Act(ADA),Age Discrimination
Act of 1975, Title VI of the Civil Rights Act of 1964,Civil Rights Act of 1968,the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended),
Ethics in Public Services (RCW 42.52), Covenant Against Contingent Fees (48 CFR
Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works
(RCW 39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act
of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building
Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Person
(RCW 70.92), and safety and health regulations.
FIRM shall comply with all applicable federal/state non-discrimination laws, regulations and
policies and the COUNTY will not be responsible for determining FIRM's compliance.No person
shall on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin,
marital status, honorably discharged veteran or military status, or disability (physical, mental or
sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded in whole or in part, under this AGREEMENT.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive
order, OMB Circular or policy by FIRM, the COUNTY may rescind, cancel or terminate the
AGREEMENT in whole or in part in its sole discretion. FIRM is responsible for all costs or liability
arising from its failure to comply with application laws, regulations, executive orders, OMB
Circulars or policies.
SECTION NO.6: EQUAL OPPORTUNITY TREATMENT FOR FAITH-BASED
ORGANIZATIONS
FIRM agrees to comply with the applicable requirements of 28 CFR Part 38.
SECTION NO. 7: NEW CIVIL RIGHTS PROVISION
Page 3 of 34
7
FIRM shall comply with the Violence Against Women Reauthorization Act of 2013 provision that
prohibits recipients from excluding, denying benefits to,or discriminating against any person on the
basis of actual or perceived race, color. religion, national origin, sex, gender identity, sexual
orientation,or disability in any program or activity funded in whole or in part by this AGREEMENT
and the COUNTY will not be responsible for determining FIRM's compliance.
SECTION NO.8: LIMITED ENGLISH PROFICIENCY(CIVIL RIGHTS ACT OF 1964
TITLE VI)
FIRM must comply with the Title VI of the Civil Rights Act of 1964(Title VI)prohibition against
discrimination on the basis of national origin,which requires that subrecipients of federal financial
assistance take reasonable steps to provide meaningful access to persons with Limited English
Proficiency (LEP) to their programs and services and the COUNTY will not be responsible for
determining FIRM's compliance. Providing meaningful access for persons with LEP may entail
providing language assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their Ianguage access obligations. Department of
Homeland Security(DHS)published the required recipient guidance in April 2011,DHS Guidance
to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April
18, 2011). The Guidance provides helpful information such as how a recipient can determine the
extent of its obligation to provide language services; selecting language services; and elements of
an effective plan on language assistance for LEP persons. Assistance and information regarding
language access obligations can be accessed at DHS Recipient Guidance at
https://www.dhs.gov/gu idance-publ ished-help-department-supported-organizations-provide-
meaningful-access-people-limited and additional resources on http://www.lep.gov.
SECTION NO. 9: EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP)
FIRM will determine whether it is required to formulate an Equal Employment Opportunity
Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If FIRM is not required to
formulate an EEOP, it will submit a certification to the Office of Civil Rights (OCR) and the
COUNTY indicating that it is not required to develop an EEOP and the COUNTY will not be
responsible for determining FIRM's compliance.
If FIRM is required to develop an EEOP but not required to submit the EEOP to the OCR, FIRM
will certify in writing to the COUNTY that it has an EEOP on file which meets the applicable
requirements. If FIRM is awarded a grant of$500,000 or more and has 50 or more employees, it
will submit a copy of its EEOP to the OCR and the COUNTY.Non-profit organizations, federally
recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP
requirement, but are required to submit a certification form to the OCR to claim the exemption. A
copy of the certification will also be submitted to the COUNTY. Information about civil rights
obligations of grantees can be found at http://www.opj.usdoj.gov/program/civil-rights/overview.
SECTION NO. 10: CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY
AND LOWER TIER COVERED TRANSACTION
Page 4 of 34
8
A. FIRM, defined as the primary participant and its principal, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this AGREEMENT, been convicted of or had a
civil judgement rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public or private agreement
or transaction, violation of Federal or state antitrust statutes or commission of embezzlement.
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion,receiving stolen property. making false claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, state, or local) with commission of any of the offenses enumerated in
paragraph (A)(2)of this section; and
4. Have not within a three (3) year period preceding the signing of this AGREEMENT had one
or more public transactions(Federal, state, or local)terminated for cause of default.
B. Where FIRM is unable to certify to any of the statements in this AGREEMENT, FIRM shall
attach an explanation to this AGREEMENT.
C. FIRM agrees by signing this AGREEMENT that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible,or voluntarily
excluded from participation in this covered transaction, unless authorized by the COUNTY.
D. FIRM further agrees by signing this AGREEMENT that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction,"as follows,without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier grantee certifies,by signing this AGREEMENT that neither it nor its principals
are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier grantee is unable to certify to any of the statements in this
AGREEMENT, such grantee shall attach an explanation to this AGREEMENT.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact the COUNTY for assistance in
obtaining a copy of these regulations.
SECTION NO. 11: COMPENSATION/REIMBURSEMENT/INVOICING PROCEDURES
A. The COUNTY shall reimburse FIRM an amount up to and not exceeding the award amount
referenced on the face sheet. This reimbursement amount is based upon the budget line items
set forth in Exhibit"B",attached hereto consisting of two pages and hereby incorporated herein
by reference. There will be no initial payment.
Page 5 of 34
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B. The COUNTY shall make no payments in advance or in anticipation of goods or services to
be provided under this AGREEMENT. FIRM shall not invoice the COUNTY in advance of
delivery and invoicing of such goods or services.
C. FIRM will submit monthly reimbursement requests to the COUNTY by detailing the
expenditures for which reimbursement is sought. Payment for the expenditures will only occur
if the request is submitted with the appropriate supporting documentation, including, but not
limited to timesheets and time/effort certifications. Requests for reimbursement shall be
uploaded directed to COUNTY ARP portal.
D. In conjunction with each reimbursement request, FIRM shall certify that services performed
under this AGREEMENT do not duplicate any services charged against any other grant,
subgrant, or other funding source.
E. Unless otherwise set forth in the bid, quote, submittal, and accepted by the COUNTY in the
AGREEMENT, payment shall be timely if made by the COUNTY no later than thirty (30)
calendar days after receipt of properly completed invoices. Payment shall be sent to the address
designated by FIRM.
F. The pricing submitted by FIRM and accepted by the COUNTY is inclusive of applicable
payment terms, as well as, any and all fees incurred by FIRM in accepting payment. No
additional fees or charges shall apply, unless otherwise preapproved by the COUNTY.
G. Contract pricing (fees, commissions, mark-ups, etc.) will remain firm for the duration of this
AGREEMENT.
H. Eligible invoice reimbursement documentation must be dated on or after 03/03/2021.
SECTION NO. 12: RECOVERY OF FUNDS
Whenever, under the AGREEMENT, any sum of money shall be recoverable from or payable by
FIRM to the COUNTY the same amount may be deducted from any sum due to FIRM under the
AGREEMENT or under any other contract between FIRM and the COUNTY including
reasonable attorney fees and or any other collection costs. The rights of the COUNTY are in
addition and without prejudice to and do not waive, alter or affect any other right the COUNTY
may have to claim the amount of any loss or damage suffered by the COUNTY on account of the
acts or omissions of FIRM.
SECTION NO. 13: INDEPENDENT AUDIT REQUIREMENTS
A. FIRM shall have an annual independent fiscal audit conducted of its financial statement and
condition, regarding the performance of the Agreement, readily delineating ARP/SLFRF
funds.
1. FIRM shall submit its audit report, including any "Management Letter" and/or all other
correspondences referred to in the audit report, along with FIRM's response to the audit and
a corrective action plan, if any, no later than six (6) months after the end of FIRM's fiscal
year. FIRM hereby consents to COUNTY's receipt and review of the independent auditor's
working papers,upon request by the COUNTY.
2. Failure to engage auditors and provide proof of such engagement shall be considered
contractual non-performance and may result in corrective action and withholding of payment.
Page 6 of 34
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3. If, under separate agreement, FIRM is required to provide a 2 CFR Part 200 annual audit,
which, at a minimum, meets the requirements of this AGREEMENT, then compliance with
the other separate agreement will also serve as compliance with the Agreement, provided that
said audit is provided to the COUNTY.
SECTION NO. 14: SINGLE AUDIT ACT REQUIREMENTS
A. Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one
fiscal year of federal funds from all sources, direct and indirect, are required to have a single
or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-
federal entities that spend less than $750,000 a year in federal awards are exempt from federal
audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. The term "non-
federal entity," as defined in 2 CFR Part 200, means a State, local government, Indian tribe,
institution of higher education, or non-profit organization, that carries out a federal award as a
recipient or subrecipient.
B. If FIRM is required to have an audit, it must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government
Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller
General and the OMB Compliance Supplement. FIRM has the responsibility of notifying its
auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the
Washington State Auditor's Office, a federal auditor, or a public accountant performing work
using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as
authorized by 2 CFR Part 200.425.
C. FIRM shall maintain auditable records and accounts to facilitate the audit requirement and
shall ensure that any sub-recipients to the contracted FIRM also maintain auditable records.
FIRM is responsible for any audit exceptions incurred by its own organization or of its sub-
recipients. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report.
D. FIRM must respond to the COUNTY's requests for information or corrective action
concerning audit issues or findings within thirty(30)days of the date ofrequest. The COUNTY
reserves the right to recover from FIRM all disallowed costs resulting from the audit.
E. Once the single audit has been completed and if it includes any audit findings, FIRM must
send a full copy of the audit and its corrective action plan to the COUNTY at the following
addresses no later than nine (9) months after the end of FIRM's fiscal year(s):
Stefanie Truex
Senior Manager
Yakima County
128 N.2nd St Rm 231
Yakima,WA 98901
F. If FIRM claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, FIRM
must send a completed"2 CFR Part 200 Subpart F Audit Certification Form"to the COUNTY at
the address listed above identifying this AGREEMENT and explaining the criteria for exemption
no later than nine(9) months after the end of the FIRM's fiscal year(s).
G. The COUNTY retains the sole discretion to determine whether a valid claim for an exemption
Page 7 of 34
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from the audit requirements of this provision has been established.
H. FIRM shall include the above audit requirements in any sub-contracts.
I. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F
is a material requirement of this AGREEMENT. In the absence of a valid claim of exemption
from the audit requirements of 2 CFR Part 200 Subpart F, FIRM's failure to comply with said
audit requirements may result in one or more of the following actions in the COUNTY's sole
discretion: a percentage of federal awards being withheld until the audit is completed in
accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs;
and, the suspension of federal awards until the audit is conducted.
SECTION NO. 15: VENUE STIPULATION
This AGREEMENT shall be construed and enforced in accordance with, and the validity and
performance shall be governed by the laws of the state of Washington. Venue of any suit between the
PARTIES arising out of this AGREEMENT shall be the Superior Court of Yakima County,
Washington. FIRM, by execution of this AGREEMENT, acknowledges the jurisdiction of the courts
of the State of Washington.
SECTION NO. 16: SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition of this AGREEMENT or its
application to any person or circumstances invalid, this invalidity does not affect other provisions,
terms or conditions of the AGREEMENT, which can be given effect without the invalid provision.
To this end, the terms and conditions of this AGREEMENT are declared severable.
SECTION NO. 17: AMENDMENTS AND MODIFICATIONS
A. FIRM and/or the COUNTY may request, in writing, an amendment or modification of this
AGREEMENT. However, such amendment or modification shall not be binding, take effect
or be incorporated herein until made in writing and signed by the authorized representatives of
the COUNTY and FIRM. No other understandings or agreements, written or oral, shall be
binding on the parties.
B. The COUNTY reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by FIRM of the COUNTY's notification
of a contemplated change, FIRM shall (1) if requested by the COUNTY, provide an estimate
for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY
of any estimated change in the completion date, and (3)advise the COUNTY in writing if the
contemplated change shall affect FIRM's ability to meet the completion dates or schedules of
this AGREEMENT.
C. If the COUNTY so instructs in writing, FIRM shall suspend work on that portion of the Work
affected by a contemplated change, pending the COUNTY's decision to proceed with the
change.
D. If the COUNTY elects to make the change, the COUNTY shall issue a Contract Amendment
and FIRM shall not commence work on any such change until such written amendment has
been issued and signed by each of the PARTIES.
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SECTION NO. 18: CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, FIRM hereby certifies that to the best of its knowledge and belief:
(1)no federally appropriated funds have been paid or will be paid by or on behalf of FIRM to any
person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid
or will be paid to any person for influencing or attempting 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 Congress in connection with this AGREEMENT, FIRM will complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
(3)and that, as applicable, FIRM will require that the language of this certification be included in
the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code.
SECTION NO. 19: PERSONNEL
A. FIRM represents that it has, or will secure at its own expense, all necessary personnel required
to perform the services under this AGREEMENT. Such personnel shall not be employees of
or have any contractual relationship with the COUNTY.
B. All of the services required herein shall be performed by FIRM or under its supervision, and
all personnel engaged in performing the services shall be fully qualified and, if required,
authorized, licensed or permitted under state and local law to perform such services.
C. Any changes or substitutions on FIRM's key personnel as may be listed herein must be made
known to the COUNTY's Contract Manager prior to execution, and written approval granted
by the COUNTY before said change or substitution can become effective.
D. FIRM warrants that all services shall be performed by skilled and competent personnel who
shall meet or exceed the professional standards in the field(s) of the work and that services
shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the work.
SECTION NO. 20: TAXES, FEES,AND LICENSES
Unless otherwise provided in this AGREEMENT, FIRM shall be responsible for paying and
maintaining the current status of all taxes, unemployment contributions, fees, licenses,
assessments, permit charges and expenses of any other kind for FIRM required by statute or
regulation that are applicable to the AGREEMENT performance.
SECTION NO.21: CONFLICT OF INTEREST
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No officer or employee or governing body member of the COUNTY or FIRM exercising any
functions or responsibilities with respect to the project during his or her tenure, shall have any
personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the
proceeds thereof, for work to be performed in connection with the project assisted under this
AGREEMENT.
The COUNTY may, in its sole discretion, by written notice to FIRM terminate this AGREEMENT
if it is found after due notice and examination by the COUNTY that there is a violation of the Conflict
of Interest provisions contained within this AGREEMENT.
In the event this AGREEMENT is terminated as provided in this conflict of interest clause, the
COUNTY shall be entitled to pursue the same remedies against FIRM as it could pursue in the event
of a breach of the AGREEMENT by FIRM. The rights and remedies of the COUNTY provided for
in this clause shall not be exclusive and are in addition to any other rights and remedies provided by
law. The existence of facts upon which the COUNTY makes any determination under this clause
shall be an issue and may be reviewed as provided in the"Disputes"clause of this AGREEMENT.
SECTION NO.22: CONTRACTED FIRM SUB-RECIPEIENT
The FIRM shall maintain written procedures related to subcontracting, as well as copies of all
subcontracts and records related to the subcontracts.
Every subcontract prepared by FIRM regarding this AGREEMENT shall bind the sub-recipient to
follow all applicable terms of this AGREEMENT. FIRM shall be responsible to the COUNTY if the
sub-recipient fails to comply with any applicable term or condition of this AGREEMENT. FIRM
shall appropriately monitor the activities of the sub-recipient to ensure fiscal conditions of this
AGREEMENT. In no event shall the existence of a subcontract operate to release or reduce the
liability of FIRM to the COUNTY for any breach in the performance of FIRM's duties.
Every subcontract written related to this AGREEEMENT shall include a term that the COUNTY is
not liable for claims or damages arising from a subcontractor's performance of the subcontract.
SECTION NO. 23: PROCUREMENT
FIRM shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326
and all of FIRM's procurement policies and procedures.
SECTION NO. 24: EQUIPMENT, REAL PROERTY, AND SUPPLY MANAGEMENT
(IF APPLICABLE)
A. "Equipment and Real Property Management. Any purchase of equipment or real property with
SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D.
Equipment and real property acquired under this program must be used for the originally
authorized purpose, unless stated otherwise by Treasury. Consistent with 2 CFR 200.311 and
2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the
non Federal entity,consistent with any guidance that Treasury may issue. Any acquisition and
maintenance of equipment or real property must also be in compliance with relevant laws and
regulations."
B. FIRM and any non-federal entity to which FIRM makes a subaward shall comply with 2 CFR
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200.318 — 200.326 when procuring any equipment or supplies under this AGREEMENT, 2
CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies,
to include, but not limited to:
1. Upon successful completion ofthe terms of this AGREEMENT,all equipment and supplies
purchased through this AGREEMENT will be owned by FIRM, or a recognized non-
federal entity to which FIRM has made a subaward,for which a contract,subrecipient grant
agreement, or other means of legal transfer of ownership is in place;
2. All equipment, and supplies as applicable, purchased under this AGREEMENT will be
recorded and maintained in FIRM's inventory system;
3. Inventory system records shall include:
a. A description of the property;
b. The manufacturer's serial number, model number, or other identification number;
c. The funding source for the equipment, including the Federal Award Identification
Number(FAIN);
d. The Assistance Listings Number [formerly Catalog of Federal Domestic Assistance
(CFDA) number)];
e. The identity of the entity who holds the title;
f. The acquisition date;
g. The cost of the equipment and the percentage of federal participation in the cost;
h. The location, use, and condition of the equipment at the date the information was
reported; and
i. The disposition data including the date of disposal and sale price of the property.
4. FIRM must take a physical inventory of the equipment, and supplies as applicable, and
reconcile the results with the property records at least once every two (2) years. Any
differences between quantities determined by the physical inspection and those shown in
the records shall be investigated by FIRM to determine the cause of the difference. FIRM
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
5. FIRM shall be responsible for any and all operational and maintenance expenses and for
the safe operation of their equipment and supplies including all questions of liability.
Further, if applicable, FIRM shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
6. FIRM must develop a control system to ensure adequate safeguards to prevent loss,
damage, and theft of the property. Any loss, damage or theft shall be investigated and a
report generated and sent to the COUNTY.
7. FIRM shall obtain and maintain all necessary certifications and licenses for the equipment.
8. If FIRM is authorized or required to sell the property, proper sales procedures shall be
established and followed to ensure the highest possible return. For disposition, if upon
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termination or at the AGREEMENT end date, when original or replacement supplies or
equipment acquired under a federal award are no longer needed for the original project or
program or for other activities currently or previously supported by a federal awarding
agency, FIRM shall comply with the following procedures:
a. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000
in total aggregate value upon termination or completion of the project or program
and the supplies are not needed for any other federal award, FIRM shall retain the
supplies for use on other activities or sell them, but shall, in either case,compensate
the federal government for its share. The amount of compensation must be
computed in the same manner as for equipment.
b. For Equipment:
1. Items with a current per-unit fair-market value of $5,000 or less may be
retained, sold, or otherwise disposed of with no further obligation to the federal
awarding agency; or
2. Items with a current per-unit fair-market value in excess of $5,000 may be
retained or sold. FIRM shall compensate the federal-sponsoring agency in
accordance with the requirements of 2 CFR 200.313 (e)(2).
9. Records for equipment shall be retained by FIRM for a period of six (6) years from the
date of disposition, replacement, or transfer. If any litigation, claim, or audit is started
before the expiration of the six (6)year period, the records shall be retained by FIRM until
all litigation, claims, or audit findings involving the records have been resolved.
C. Unless expressly provided otherwise,all equipment shall meet all mandatory regulatory and/or
federal adopted standards to be eligible for purchase using Federal award funds.
D. As a subrecipient of federal funds, FIRM shall pass on equipment and supply management
requirements that meet or exceed the requirements outlined above to any non-federal entity to
which FIRM makes a subaward of federal award funds under this AGREEMENT.
SECTION NO.25: DISPUTE RESOLUTION
Except as otherwise provided in this AGREEMENT, when a bona fide dispute arises between the
parties and it cannot be resolved through discussion and negotiation,either party may request a dispute
resolution panel to resolve the dispute. For the purpose of this AGREEMENT, disputes shall not
include the following: I)failure to fulfill in a timely and proper manner the obligations contain within
this AGREEMENT, 2) financial insolvency or in a financial condition so as to endanger the
performance contained within the AGREEMENT or 3) violation of any laws or regulations that
renders FIRM unable to perform any aspect of the AGREEMENT. A request for a dispute resolution
panel shall be in writing,shall state the disputed issue(s),shall state the relative positions of the parties
and shall be sent to all parties.The panel shall consist of a representative appointed by the COUNTY,
a representative by FIRM and a third party mutually agreed upon by both parties, who shall be a
member in good standing of the Washington State Bar Association with a minimum often(10)years'
relevant experience. In the event that the parties are unable to reach agreement on the third panel
member the dispute over such member the appointment issue shall be submitted to the Yakima
County Superior whom shall have the authority to appoint any person as the third panel member with
relevant experience and licensure as set forth above. The panel shall by majority vote, resolve the
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dispute. Each party shall bear the cost for its panel member and its own attorney fees and costs and
share equally the cost of the third panel member. The decision of the Panel shall be final and binding
upon the parties. The Panel shall be governed by the duly promulgated rules and regulations of the
American Arbitration Association or its successor, and RCW 7.04A. The situs of any proceeding
before the panel shall occur in Yakima County, Washington. The decision of the panel may be entered
as a judgment in any court of the State of Washington or elsewhere.
SECTION NO. 26: INDEMNIFICATION
The COUNTY shall protect, defend, indemnify, and hold harmless FIRM while acting within the
scope of this AGREEMENT as such, from any and all costs, claims,judgments, and/or awards of
damages(both to persons and/or property). The COUNTY will not be required to indemnify,defend,
or save harmless FIRM if the claim, suit, or action for injuries, death, or damages (both to persons
and/or property)is caused by the sole negligence of FIRM. Where such claims,suits,or actions result
from the concurrent negligence of both PARTIES,the indemnity provisions provided herein shall be
valid and enforceable only to the extent of each Party's own negligence.
FIRM agrees to protect, defend, indemnify, and hold harmless the COUNTY, its officers, officials,
employees, and agents while acting within the scope of their employment as such, from any and all
costs,claims,judgments and/or awards of damages(both to persons and/or property). FIRM will not
be required to indemnify, defend, or save harmless the COUNTY if the claim, suit, or action for
injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of
COUNTY. Where such claims, suits, or actions result from the concurrent negligence of both
PARTIES,the indemnity provisions provided herein shall be valid and enforceable only to the extent
of each Party's own negligence.
The COUNTY and FIRM agree that the obligations under this section extend to any claim, demand
and/or cause of action brought by,or on behalf of,any COUNTY employees or agents or FIRM while
performing work authorized under this AGREEMENT. For this purpose, the COUNTY and FIRM,
by mutual negotiation, hereby waive any immunity that would otherwise be available to it against
such claims under the Industrial Insurance provisions of chapter 51.12 RCW.
These indemnifications and waiver shall survive the termination of this AGREEMENT.
SECTION NO.27: SUCCESORS AND ASSIGNS
A. The COUNTY and FIRM each bind itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners,
successors, executors, administrators and assigns of such other party, in respect to all
covenants of this AGREEMENT. Except as above, neither the COUNTY nor FIRM
shall assign, sublet, convey, or transfer its interest in this AGREEMENT without the
written consent of the other.
B. Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of the COUNTY which may be a party hereto, nor shall it be
construed as giving any rights or benefits hereunder to anyone other than the
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COUNTY and FIRM.
SECTION NO.28: EXECUTION AND APPROVAL
The signatories to this AGREEMENT represent that they have the authority to bind their respective
organizations to this AGREEMENT. Only the PARTIES' authorized representatives shall have
the express, implied or apparent authority to alter,amend,modify or waive any clause or condition
of this AGREEMENT. Any alteration, amendment, modification, or waiver of any clause or
condition of this AGREEMENT is not effective or binding unless made in writing and signed by
both PARTIES' authorized representatives.Further,only the Authorized Signature representatives
or the designee of the Authorized Signature representative shall have signature authority to sign
reimbursement requests, time extension requests, amendment and modification requests, requests
for changes to projects or work plans and other requests, and certifications and documents
authorized by or required under this AGREEMENT.
SECTION NO. 29: LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal,or other sources is withdrawn, reduced,or limited in any way
after the effective date of this AGREEMENT and prior to normal completion or end date, the
COUNTY may unilaterally reduce the scope of work and budget or unilaterally terminate this
AGREEMENT in whole or in part by providing thirty (30) calendar days' written notice, beginning
on the third day after mailing to FIRM as a "Termination for Cause" without providing FIRM an
opportunity to cure. Alternatively, the PARTIES may renegotiate the terms of this AGREEMENT
under "Amendments and Modifications" to comply with new funding limitations and conditions,
although the COUNTY has no obligation to do so.
The COUNTY shall have the unilateral power to determine by 08/31/2024 or any date after if this
contract as a whole has the ability to be spent down completely by the contract end date referenced
on the face sheet of this contract. In the event the County believes this contact will not be spent down
by the contract end date the COUNTY may unilaterally reduce the scope of work and budget or
unilaterally terminate this AGREEMENT in whole or in part by providing thirty(30)calendar days'
written notice,beginning on the third day after mailing to FIRM as a"Termination for Cause"without
providing FIRM an opportunity to cure. Alternatively, the PARTIES may renegotiate the terms of
this AGREEMENT under"Amendments and Modifications"to comply with new funding limitations
and conditions, although the COUNTY has no obligation to do so.
SECTION NO. 30: NONASSIGNABILITY
Neither this AGREEMENT, nor any claim arising under this AGREEMENT,shall be transferred or
assigned by FIRM.
SECTION NO.31: NOTICES
Except as provided to the contrary herein, all notices or other communications given hereunder
shall be deemed given on: (i)the day such notices or other communications are received when sent
by personal delivery; or(ii) the third day following the day on which the same have been mailed
by first class delivery, postage prepaid addressed to the COUNTY or FIRM at the address set forth
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on the FACE SHEET of this AGREEMENT for such Party,or at such other address as either Party
shall from time-to-tine designate by notice in writing to the other Party.
SECTION NO. 32: POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further
the election or defeat of any candidate for public office or influence the approval or defeat of any
ballot issue.
SECTION NO.33: RECORDS
A. FIRM agrees to maintain all books, records, documents, receipts. invoices and all other
electronic or written records necessary to sufficiently and properly reflect F1RM's contracts,
subawards, grant administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this AGREEMENT (the "records").
B. FIRM's records relating to this AGREEMENT and the projects funded may be inspected and
audited by the COUNTY and/or its designee, by the Office of the State Auditor, or by other
state or federal officials authorized by law, for the purposes of determining compliance by
FIRM with the terms of this AGREEMENT and to determine the appropriate level of funding
to be paid under the AGREEMENT.
C. The records shall be made available by FIRM for such inspection, and audit together with
suitable space for such purpose, at any and all times during FIRM's normal working day.
D. FIRM shall retain and allow access to all records related to this AGREEMENT and the funded
project(s) for a period of at least six(6) years following final payment and closure of the grant
under this AGREEMENT. If any litigation, claim, or audit is started before the expiration of
the six (6) year period, the records shall be retained by FIRM until all litigation, claims, or
audit findings involving the records have been resolved.
SECTION NO.34: CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to FIRM by the COUNTY that is designated as "confidential" by the
COUNTY;
2. All material produced by FIRM that is designated as "confidential" by the COUNTY; and
3. All personal information in the possession of FIRM that may not be disclosed under state
or federal law. "Personal information" includes but is not limited to information related to
a person's name, date of birth, health, finances, education, business, use of government
services, addresses, telephone numbers, social security number, driver's license number
and other identifying numbers, and "Protected Health Information" under the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
B. FIRM shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. FIRM shall use Confidential Information solely for the
purposes of this AGREEMENT and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of the
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COUNTY or as may be required by law. FIRM shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, FIRM shall provide the COUNTY with its policies and procedures on
confidentiality. The COUNTY may require changes to such policies and procedures as they
apply to this AGREEMENT whenever the COUNTY reasonably determines that changes are
necessary to prevent unauthorized disclosures. FIRM shall make the changes within the time
period specified by the COUNTY. Upon request, FIRM shall immediately return to the
COUNTY any Confidential Information that the COUNTY reasonably determines has not
been adequately protected by FIRM against unauthorized disclosure, and FIRM shall ensure
destruction of any and all retained copies of such CONFIDENTIAL materials after the period
of retention of records required herein.
C. Unauthorized Use or Disclosure. FIRM shall notify the COUNTY within five(5)working days
of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
SECTION NO. 35: PROHIBITION AGAINST PAYMENT OF BONUS OR
COMMISSION
The funds provided under this AGREEMENT shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the Grant which is the basis of funding this
AGREEMENT or any other approval or concurrence under this AGREEMENT. Provided,
however, that reasonable fees for bona fide technical consultant, managerial, or other such
services,other than actual solicitation, are not hereby prohibited if otherwise eligible as costs.
SECTION NO.36: PUBLICITY
FIRM agrees not to publish or use any advertising or publicity materials in which the COUNTY's
name is mentioned, or language used from which the connection with the COUNTY's name may
reasonably be inferred or implied, without the prior written consent of the COUNTY.
SECTION NO.37: TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this AGREEMENT, FIRM may terminate this AGREEMENT
by providing written notice of such termination to the COUNTY's Key Personnel identified in the
AGREEMENT. specifying the effective date thereof, at least thirty (30)days prior to such date.
Except as otherwise provided in this AGREEMENT, the COUNTY, in its sole discretion and in
the best interests of the COUNTY, may terminate this AGREEMENT in whole or in part by
providing thirty (30) calendar days' written notice, beginning on the third day after mailing to
FIRM. Upon notice of termination for convenience, the COUNTY reserves the right to suspend
all or part of the AGREEMENT, withhold further payments pending calculation of any amounts
owed FIRM pursuant to Section No. 38 below, or prohibit FIRM from incurring additional
obligations of funds. In the event of termination, FIRM shall be liable for all damages as
authorized by law. The rights and remedies of the COUNTY provided for in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law.
SECTION NO. 38: TERMINATION OR SUSPENSION FOR CAUSE
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In the event the COUNTY, in its sole discretion, determines FIRM has failed to fulfill in a timely
and proper manner its obligations under this AGREEMENT, is in an unsound financial condition
so as to endanger performance hereunder, is in violation of any laws or regulations that renders
FIRM unable to perform any aspect of the AGREEMENT, or has violated any of the covenants,
agreements or stipulations of this AGREEMENT, the COUNTY has the right to immediately
suspend or terminate this AGREEMENT in whole or in part.
The COUNTY shall, except as otherwise provided herein, notify FIRM in writing of the need to
take corrective action and provide a period of time in which to cure. The COUNTY is not required
to allow FIRM an opportunity to cure if it is not feasible as determined solely within the
COUNTY'S discretion.Any time allowed for cure shall not diminish or eliminate FIRM's liability
for damages or otherwise affect any other remedies available to the COUNTY. If the COUNTY
allows FIRM an opportunity to cure, the COUNTY shall notify FIRM in writing of the need to
take corrective action. If the corrective action is not taken within ten (10) calendar days or as
otherwise specified by the COUNTY, or if such corrective action is deemed by the COUNTY to
be insufficient, the AGREEMENT may be terminated in whole or in part.
The COUNTY reserves the right to suspend all or part of the AGREEMENT, withhold further
payments, pending calculation of any amounts owed FIRM pursuant to Section No. 39 below, or
prohibit FIRM from incurring additional obligations of funds during investigation of the alleged
compliance breach, pending corrective action by FIRM, if allowed, or pending a decision by the
COUNTY to terminate the AGREEMENT in whole or in part. In the event of termination for
cause, FIRM shall be liable for all damages as authorized by law, including but not limited to, any
cost difference between the original AGREEMENT and the replacement or cover AGREEMENT
and all administrative costs directly related to the replacement AGREEMENT, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff
time. The rights and remedies of the COUNTY provided for in this section shall not be exclusive
and are in addition to any other rights and remedies provided by law. If it is determined that FIRM:
(1) was not in default or material breach, or(2) failure to perform was outside of FIRM's control,
fault or negligence, the termination shall be deemed to be a"Termination for Convenience."
SECTION NO.39: TERMINATION PROCEDURES
In addition to the procedures set forth below, if the COUNTY terminates this AGREEMENT,
FIRM shall follow any procedures specified in the termination notice. Upon termination of this
AGREEMENT and in addition to any other rights provided in this AGREEMENT,the COUNTY
may require FIRM to deliver to the COUNTY any property specifically produced or acquired for
the performance of such part of this AGREEMENT..
If the termination is for convenience, the COUNTY shall pay to FIRM an agreed upon price, if
separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the COUNTY prior to the effective date of AGREEMENT
termination, in the amount agreed upon by FIRM and the COUNTY for (i) completed work and
services and/or equipment or supplies provided for which no separate price is stated, (ii) partially
completed work and services and/or equipment or supplies provided which are accepted by the
COUNTY,(iii)other work,services and/or equipment or supplies and services which are accepted
by the COUNTY, and (iv) necessary for the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the"Disputes" clause
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of this AGREEMENT. If the termination is for cause, the COUNTY shall determine the extent of
the liability of the COUNTY. The COUNTY shall have no other obligation to FIRM for
termination. The COUNTY may withhold from any amounts due to FIRM such sum as the
COUNTY determines to be necessary to protect the COUNTY against potential loss or liability.
The rights and remedies of the COUNTY provided in this AGREEMENT shall not be exclusive
and are in addition to any other rights and remedies provided by law.
After receipt of a notice of term ination.and except as otherwise directed by the COUNTY in writing,
FIRM shall:
A. Stop work under the AGREEMENT on the date,and to the extent specified, in the notice;
B. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or
facilities in relation to this AGREEMENT except as may be necessary for completion of such
portion of the work under the AGREEMENT as is not terminated;
C. Assign to the COUNTY, in the manner, at the times, and to the extent directed by the
COUNTY, all of the rights, title, and interest of FIRM under the orders and sub-contracts so
terminated, in which case the COUNTY has the right, at its discretion, to settle or pay any or
all claims arising out of the termination of such orders and sub-contracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
sub-contracts,with the approval or ratification of the COUNTY to the extent the COUNTY
may require,which approval or ratification shall be final for all the purposes of this clause;
E. Complete performance of such part of the work not having been completed may be
completed by the COUNTY, or its assigns, at COUNTY's discretion, in compliance with
all contractual requirements. Further, COUNTY may, at its discretion, allow for FIRM to
complete any parts or portions of the agreement not terminated by COUNTY to be
completed by FIRM; and
F. Take such action as may be necessary, or as the COUNTY may require, for the protection
and preservation of the property related to this AGREEMENT which is in the possession
of FIRM and in which the COUNTY has or may acquire an interest.
SECTION NO. 40: WAIVER
No conditions or provisions to this AGREEMENT can be waived unless approved in advance in
writing. Either PARTY's failure to insist upon strict performance of any provision of the
AGREEMENT 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 AGREEMENT.
SECTION NO. 41: UTILIZATION OF MINORITY AND WOMEN BUSINESS
ENTERPRISES(MWBE)
FIRM is encouraged to utilize business firms that are certified as minority-owned and/or women-
owned in carrying out the purposes of this AGREEMENT. FIRM may set utilization standards,
based upon local conditions or may utilize the state of Washington MWBE goals, as identified in
the Washington Administrative Code (WAC) 326-30-041.
SECTION NO. 42: INSURANCE
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FIRM shall furnish and maintain all insurance as required herein and comply with all limits, terms
and conditions stipulated therein, at their expense, for the duration of the AGREEMENT. The
following is a list of the required AGREEMENT coverage requirements:
GENERAL LIABILITY INSURANCE: Firm agrees to maintain a policy with a limit of
liability of not less than two million ($2,000,000.00) each occurrence and five million
($5,000,000.00) General Aggregate coverage. Insurance shall be written on ISO
occurrence form CG 00 01 or an alternative form providing equal or broader liability
coverage. Such coverage shall not contain any endorsement(s) excluding or limited
Products Completed, Operations, or Contractual Liability and/or Cross Liability.
AUTOMOBILE LIABILITY INSURANCE with a combined single limit, or the
equivalent of not less than$2,000,000 each accident for bodily injury and property damage,
including coverage for owned, hired and non-owned vehicles.
ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must provide
that YAKIMA COUNTY, it's officers, agents and employees, and any other entity
specifically required by the provisions of this AGREEMENT will be specifically named as
additional insured(s) for all coverage provided by this policy of insurance and shall be fully
and completely protected by this policy from all claims. Language such as the following
should be used "Yakima County, Its' Officers, Agents and Employees Are Named As An
Additional Insured As Respects To AGREEMENT BETWEEN YAKIMA COUNTY AND
FIRM, IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN, CORONAVIRUS
STATE AND LOCAL FISCAL RECOVERY FUND AWARD".
WORKERS COMPENSATION: If FIRM has employees, it shall show proof of Worker's
Compensation coverage effective in Washington State by providing its State Industrial
Account Identification Number. Provision of this number will be FIRM's assurance that
coverage is in effect.
PROFESSIONAL LIABILITY INSURANCE: FIRM shall provide errors & omissions
coverage in the form of Professional liability insurance coverage in the minimum amount of
$2,000,000.00.
Any exclusion to FIRM's insurance policies that may restrict coverage required in the
AGREEMENT's insurance requirements must be pre-approved by the Yakima County Corporate
Counsel. FIRM's insurer shall have a minimum A.M. Best's rating of A-VII and shall be
authorized to do business in the State of Washington. Evidence of such insurance shall consist of
a completed copy of the certificate of insurance,signed by the insurance agent for FIRM and either
the additional insured policy language or a copy of any required endorsement(s) and returned to
the Yakima County Risk Manager. The insurance policy or policies will not be canceled,
materially changed or altered without forty-five(45)days prior notice submitted to the COUNTY.
The policy shall be endorsed and the certificate shall reflect that the COUNTY is named as an
additional insured on FIRM's general liability policy with respect to activities under the
AGREEMENT.The policy shall provide and the certificate shall reflect that the insurance afforded
applies separately to each insured against whom claim is made or suit is brought except with
respect to the limits of the company's liability.
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23
The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein
shall be primary insurance and any insurance or self-insurance carried by the COUNTY shall be
excess and not contributory insurance to that provided by FIRM.
Failure of FIRM to fully comply with the insurance requirements set forth herein, during the
term of the AGREEMENT, shall be considered a material breach of contract and cause for
immediate termination of the AGREEMENT at the COUNTY's discretion.
Providing coverage in the above amounts shall not be construed to relieve FIRM from liability in
excess of such amounts.
SECTION NO. 43: MONITORING
The COUNTY will monitor the activities of FIRM from the award date to closeout. The goal of
the monitoring activities will be to ensure that FIRM, as an agency receiving federal pass-through
funds, is in compliance with the federal grant award requirements as well as federal/state audit
requirements. To document compliance with the 2 CFR Part 200 Subpart F requirements, FIRM
shall complete and return to the COUNTY the attached Audit Certification Form which is
incorporated herein and made part of this AGREEMENT. The Audit Certification Form must be
signed each fiscal year thereafter until the completion of this AGREEMENT.
Monitoring activities performed by the COUNTY may include, but are not limited to:
a. Review of financial and performance reports; and
b. Review of reimbursement requests and supporting documentation, including time
sheets as well time and effort certifications to ensure compliance with federal rules and
regulations.
FIRM is required to pass on this monitoring language in all subcontract awards and to perform all
monitoring activities regarding any sub-recipient.
SECTION NO. 44: NON-SOLICITATION AGREEMENT
A. Each Party understands that the other Party's individual employees are some of the most
valuable assets within their organization, responsible for the creative forces behind each
Party's advancements in technology and business development. Recognizing the value each
Party places on its individual employees and each Party's interest in retaining its employees,
it is agreed that during the term of this AGREEMENT, neither Party shall, directly or
indirectly, induce or try to induce any employee of the other Party to leave the employment of
the other Party or that of any of its subsidiaries or affiliates to work for another person or
company that does or may be expected to compete with the non-soliciting Party or any of its
subsidiaries or affiliates.
SECTION NO. 45: EXCUSABLE DELAYS
FIRM shall not be considered in default by reason of any failure in performance if such failure
arises out of causes reasonably beyond FIRM's control and without its fault or negligence. Such
causes may include, but are not limited to: acts of God; the COUNTY's omissive and commissive
failures; natural or public health emergencies; labor disputes; freight embargoes; and severe
weather conditions.
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24
SECTION NO. 46: ANTI-KICKBACK
A. No officer or employee of the COUNTY, having the power or duty to perform an official act
or action related to this AGREEMENT, shall have or acquire any interest in this
AGREEMENT,or have solicited,accepted or be granted a present or future gift,favor,service,
or other thing of value from or to any person involved in this AGREEMENT.
B. FIRM warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for FIRM to solicit or secure this AGREEMENT and that it has
not paid or agreed to pay any person, company, corporation, individual, or Firm, other than a
bona fide employee working solely for FIRM any fee, commission, percentage, gift, or any
other consideration contingent upon or resulting from the award or making of this
AGREEMENT.
SECTION NO. 46: PRECEDENCE
Contract Documents: The Contract Documents consist of this agreement and the other
documents listed below and all modifications and modifications issued subsequent thereto. These
form a contract and all are as fully a part of the contract as if attached to this agreement or
repeated herein. In the event of any inconsistency between the provisions of this Agreement and
the documents listed below, the provisions of this Agreement will control and the order of
precedence will be in the order listed. An enumeration of the contract documents is set forth
below:
1. Modifications: and
2. This Agreement: and
3. The Request For Proposals P5001 ARP: and
4. FIRM Response to the Request for Proposal.
Page 21 of 34
25
EXHIBIT A
STATEMENT OF WORK
Services performed under this contract may consist of, but are not limited to. the lbllo‘Ning
tasks. ( pon mutual agreement by the County and the Suhrecipient cif a detailed ‘kork program
and time schedule, the tiubrecipient shall. in a satisfactory and proper manner, perform the
tOl Iok\ing t\pes of Berk ices:
CIT\ OF Y:\KI\l.\:
• The Yakima Police Department is installing automated license plate reading(ALPR)
cameras to solve and reduce crime. The cameras are built by Flock Safety,a public safety
technology company that helps neighborhoods,communities,and regional law enforcement
work together to fight crime.
• The City of Yakima has committed to buying forty (40) Flock Cameras, strategically
positioned around the City.
YAKIM:A COUNTY RESPONSIBILITIES:
• Pro‘ide :\RP.\ Fund Grant reimbursements for up to S 12 3.462.t)0
• Submit the :\RP_\ Reporting documentation. pros ided by to the Federal Goy ernment.
for the County's quarterly report For .ARP.1 Compliance.
• Rey iew ARP.\ Reporting documentation for completeness and compliance
Page 22 of 34
26
EXHIBIT B
BUDGET DETAIL
The below budget is approved for reimbursement of eligible use expenses per the Yakima Board
of County Commissioners award amount not to exceed $123,462.00.
The below format will be required for reimbursements to the project.
Item Total
Falcon Cameras 104,000.00
Set-Up and Testing 10,000.00
Tax 9,462.00
Total $123,462.00
The Yakima County Finance Director has the authority to amend line item budget figures at their
discretion. These changes must stay within the total award amount.
See Scope of Work for detailed description of duties.
Payment Procedures:
1. Requests for reimbursement by the Firm shall be submitted no more than once per
month.
In order to be eligible for reimbursement all expenses must be submitted with supporting
documentation. Payroll Expenses must be accompanied by a Time and Effort
Certification and a timesheet signed by the employee and supervisor.
2. At the Contractor's first request for reimbursement, Yakima County Financial Services will require
detailed back-up documentation for all expenditures. All back-up documentation must be available
to all other auditors, upon request.
3. Monthly invoices must be submitted as follows:
• Electronically: Submitted electronic invoices must be provided to your Contract Manager
contact designated on the Face Sheet of this agreement at the Yakima County Financial
Services Department.Electronic invoices must be submitted no later than the 10th of the
month. If the 10'falls on a Saturday, invoices must be received by close of business the
preceding Friday. If the 10th falls on a Sunday, invoices must be received by close of
business the following Monday.
4. All County warrants must be issued to the subrecipient no later than September 30, 2026,to qualify
for reimbursement.
Page 23 of 34
27
5. Quarterly Reporting must be submitted via the online ARPA Portal within 15 days of the end of the
quarter.
•
Page 24 of 34
28
EXHIBIT C
FFATA FORM
Subrecipient .%gency: City of Yakima
(:rant and sear: ARPA41002 2023 agreement\umber:
Completed by:
Tory Adams Police Lieutenant we 509.576.6342 i lepho e
Date Completed:
STEP 1 IMMO
Is your grant agreement less than$25,000? YES STOP,no further analysis NO
r needed,GO to Step 6 GO to Step 2
STEP 2
In your preceding fiscal year,did your organization YES NO STOP,no further
receive 80%or more of its annual gross revenues r- GO to STEP 3 analysis needed,GO to
from federal funding? X Step 6
STEP 3
YES NO STOP,no further
In your preceding fiscal year,did your organization GO to STEP 4 analysis needed,GO to
receive$25,000,000 or more in federal funding? r Step 6
STEP 4
Does the public have access to information about the YES NO
total compensation*of senior executives in our STOP,no further analysis
p y needed.GO to step 6 r GO to STEP 5
organization'.,
STEP 5
Executive#1 Name:
Total Compensation amount:$
Executive#2 Name:
Total Compensation amount:$
Executive#3 Name:
Total Compensation amount:$
Executive#4 Name:
Total Compensation amount:$
Executive#5 Name:
Total Compensation amount:$
STEP 6
If your organization does not meet these criteria,specifically identify below each criteria that is not met for your organization: For
Example: "Our organization received le.7th n$25,000."
Signature: il..:_ Date: 9/13/23
*Total compensation re ers .:
• Salary and bonuses
• Awards of stock,stock options,and stock appreciation rights
• Other compensation including,but not limited to,severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb/open
http://www.hrsa.gov/grants/ffata.html
http://www.gpo.gov/fdsys/pkg/FR-2010-09-I 4/pdf/2010-22705.pdf
http://www.grants.gov/
Page 25 of 34
29
EXHIBIT D
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes and Non-Profit Organizations
Contact Information
Subrecipient Name: City of Yakima
Authorized Chief Financial Officer: Rosylen Oglesby (Interim)
Address: 129 N 2nd Street, Yakima, WA 98901
Email: rosylen.oglesby@yakimawa.gov Phone#: 509.575.6008
Purpose: As a pass-through entity of federal grant funds,YAKIMA COUNTY is required by 2 CFR Part 200 Subpart F to monitor activities of
subrecipients to ensure federal awards are used for authorized purposes and verify that subrecipients expending$750.000 or more in federal awards
during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient subject to such monitoring by
YAKIMA COUNTY because it is a non-federal entity that expends federal grant funds received from YAKIMA COUNTY as a pass-through entity
to carry out a federal program.2 CFR Part 200 Subpart F should be consulted when completing this form.
Directions:As required by 2 CFR Part 200 Subpart F.non-federal entities that expend$750.000 in federal awards in a fiscal year shall have a single
or program-specific audit conducted for that year. If your entity is not subject to these requirements.you must complete Section A of this form.If
your entity is subject to these requirements.you must complete Section B of this form.When completed,you must sign,date and return this form
with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this completed Audit Certification
Form may result in delay of grant agreement processing.withholding of federal awards or disallowance of costs and suspension or termination of
federal awards.
SECTION A:Entities NOT subject to the audit requirements oft CFR Part 200 Subpart F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply):
❑We did not expend$750,000 or more of total federal awards during the fiscal year.
❑We are a for-profit agency.
❑ We are exempt for other reasons(describe):
However.by signing below,I agree that we are still subject to the audit requirements.taws and regulations governing the program(s)in which we
participate.that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their
designees,and that YAKIMA COUNTY may request and be provided access to additional information and/or documentation to ensure proper
stewardship of federal funds.
SECTION B:Entities that ARE subject to the requirements of 2 CFR Part 200 Subpart F
(Complete the information below and check the appropriate box)
❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date ].There
were no findings related to federal awards from YAKIMA COUNTY.No follow-up action is required by YAKIMA COUNTY as the pass-
through entity.A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is
either provided electronically to the YAKIMA COUNTY"Office of Financial Assistance,is enclosed or is available online at:
http
XWe completed our last 2 CFR Part 200 Subpart F Audit on[enter date] September27,2022 for Fiscal Year ending[enter date] December st 2021
There were findings related to federal awards.
A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is either provided
electronically to the Y'AMNIA COUNTY Office of Financial Assistance,is enclosed or is available online at:
http:.��'\\��:yatumawa.govfsemcesltnance/comprehensive-annualdnancial-reports)
❑Our completed 2 CFR Part 200 Subpart F Audit will be available on[enter date] for Fiscal Year ending[enter date]
. We will forward a copy of the audit report to YAKIMA COUNTY Office of Financial Assistance at that time or provide
the state auditor report number:
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further,I certify that the ahu%e
information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.Additionalh, I
understand this Form is to be submitted every fiscal yea or which this entity is a subrecipient of federal grant funds from YAK1.1
COUNTY until the grant agreement contract is closed/
Signature of Authorized Financial Official: Date: 9/14/2023
Print Name&Title:Rosylen Oglesby, Assist M City anag /Interim Director of Fin
ance & Budget
Page 26 of 34
30
EXHIBIT E-CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan(EEOP) Requirements
Please read carefully,the instructions(see below)and then complete Section A or Section B or Section C,not all three.if recipient completes
Section A or C and sub-grants a single award over S 500,000.in addition,please complete Section D
Recipient's Name: City of Yakima
Address: 129 N 2nd Street. Yakima_WA 98901
Is agency a; o Direct or Sub recipient I Law Enforcement Agency? Yes o No
DUNS Number: FJNNX1XFJ9K3 1 Vendor Number(only if direct recipient)
Name and Title of Contact Person: Connie Mendoza, Human Resources Director
Telephone Number: 509.249.6868 I E-Mail Address: connie.mendozaayakimawa.gov
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
o Less than fifty employees. o Indian Tribe o Medical Institution.
Nonprofit Organization o Educational Institution ❑Receiving a single award(s)less than$25,000.
i, [responsible official], certify that [recipient]is
not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R§42.302.i further certify that
[recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of
services.
Ifrecipient sub-grants a single award over$500,000, in addition,please complete Section D
Print or Type Name and Title Signature Date
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward.of$25,000 or more,but less than S500,000.then
the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C.F.R§42.305):
I Connie Mendoza [responsible official], certify that
they City of Yakima/Yakima Police Department [recipient],which has fifty or more employees and is receiving a single award of
$25,000 or more,but less than$500,000,has formulated an EEOP in accordance with 28 CFR pt.42,subpt.E. i further certify
that within the last twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by
applicable federal law, it is available for review by the public,employees,the appropriate state planning agency,and the Office
for Civil Rights,Office of Justice Programs,U.S. Department of Justice. The EEOP is on file at the following office:
City of Yakima
[organcationJ,
129 N.2nd Street.Yakima WA,98901 11
[address. '' J
Connie Mendoza,Director of Human Resources l_ln � �
LE tik.a. . , (j(e--i
Print or Type Name and Title Signature Date
Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights
for Review
If a recipient agency has ffiy or more employees and is receiving a single award,or subaward,of$500,000 or more,then the recipient agency
must send an EEOP Short Form to the OCR for review.
i, [responsible official], certify that [recipient],
which has fifty or more employees and is receiving a single award of$500,000 or more,has formulated an EEOP in accordance with
28 CFR pt.42, subpt. E, and sent it for review on [date] to the Office for Civil Rights,Office of Justice Programs,U.S.
Department of Justice.
If recipient sub-grants a single award over$500,000. in addition,please complete Section D
Print or Type Name and Title Signature Date
Page 27 of 34
31
EXHIBIT F
DEBARMENT,SUSPENSION,INELIGIBILITY OR VOLUNTARY EXCLUSION CERTIFICATION FORM
NAME Doing business as(DBA)
ADDRESS Applicable WA Uniform Federal Employer Tax
Procurement or Business Identifier Identification#:
Solicitation#,if any: (UBI)
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION.Federal regulations require contractors and bidders to
sign and abide by the terms of this certification,without modification,in order to participate in certain transactions directly or
indirectly involving federal funds.
I. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered
into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to
other remedies available to the Federal Government the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
or had become erroneous by reason of changed circumstances.
4. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person.primary covered
transaction, principal,proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
5_ The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the
applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification
Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not proposed for debarment under applicable CFR,debarred,suspended,ineligible,or voluntarily excluded from covered
transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from
Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
Government,the department or agency with which this transaction originated may pursue available remedies,including suspension
and/or debarment.
Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction
The prospective lower tier participant certifies,by submission of this proposal or contract,that neither it nor its principals
is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation
in this transaction by any Federal depaent or agen y.Where the prospective lower tier participant is unable to certify
to any of the statements in this certific do ,such pros ective participant shall attach an explanation to this form.
Bidder or Contractor Signature: Date:e{4 l aY
Print Name and Title: Rr* c'Y''7 t'��Ir 1 �! C mcta L%
Page 28 of 34
32
EXHIBIT G
ONLY IF APPLICABLE
DATA SHARING,NON-DISCLOSURE AND USE AGREEMENT (IF APPLICABLE)
BETWEEN YAKIMA COUNTY AND FIRM
This Data Sharing, Non-Disclosure and Use Agreement ("Agreement") is entered into by and
between YAKIMA COUNTY, a political subdivision of the State of Washington (hereinafter
"COUNTY")and FIRM, (hereinafter"FIRM")to enable the sharing of Data and other confidential
and proprietary information between the COUNTY and FIRM, as the COUNTY'S ARP recipient.
The COUNTY and FIRM may be hereinafter referred to individually as a "Party" or collectively
as the"Parties."
AGENCIES PROVIDING DATA: YAKIMA COUNTY AND FIRM
DATA RECIPIENTS: YAKIMA COUNTY AND FIRM
1. Purpose
The purpose of this AGREEMNT is to provide the requirements and authorization for the
COUNTY to have access to disparate datasets captured through COUNTY ARP funded Programs.
FIRM acknowledges access to the disparate dataset captured in and through the COUNTY's ARP
funded Programs.
2. Definitions
A. "Agreement" means this Data Sharing Agreement. including all documents attached or
incorporated by reference.
B. "Data Access" refers to rights granted to COUNTY to directly connect to FIRM's ARP
Program agency submitted disparate datasets related to participants, recipients, systems,
networks, requests for proposals and/or applications with required information needed to
implement these rights.
C. "Data Transmission" refers to the methods and technologies to be used to move a copy of
the data between systems, networks and/or employee workstations.
D. "Data Storage" refers to the data when at rest. Data can be stored on off-line devices such
as CD's or on-line on servers or employee workstations.
E. "Data Encryption" refers to ciphers, algorithms or other encoding mechanisms that will
encode data to protect its confidentiality. Data encryption can be required during data
transmission or data storage depending on the level of protection required for this data.
3. Period of Agreement
This Agreement shall begin when FIRM agrees to the terms and shall automatically renew yearly,
unless terminated due to expiration of the COUNTY ARP funding program and its required
reporting requirements.
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33
4. Justification for Data Sharing
Data sharing agreements are required under RCW 39.26.340 and 43.105.054.
5. Description of Data to be Shared
Data shared will include data containing the COUNTY funded ARP program, applicants,
recipients and participants' financial, labor, application, technology infrastructure and any other
datasets deemed necessary to support performance of the compliance requirements for federal
funding under the ARP/SLFRF funding provisions as set forth by the U.S.Department of Treasury.
6. Data Access
Enterprise datasets will be accessed through the Parties' Server and Network systems. FIRM will
generate and submit agency owned datasets to COUNTY for consideration, review and compliance
purposes.
7. Data Transmission
Datasets will be transmitted through the servers, networks and systems established and aureed to
by the PARTIES.
8. Data Storage and Handling Requirements
All data provided by FIRM and COUNTY will be stored in an encrypted form on a server with
access limited to the least number of staff needed to complete the purpose of this Data Sharing
Agreement.
9. DATA ENCRYPTION (If Applicable)
All captured data shall be encrypted at rest.
10. Intended Use of Data
The data described above shall be used for review, analysis and reporting on ARP programs. The
data will be used to prepare and publish required quarterly and annual reports.
11. Constraints on Use of Data
This Agreement does not constitute a release of the data for FIRM's discretionary use. but instead,
FIRM may access the data only to carry out the responsibilities and for the purposes described
herein, as well as in the related Contract No. 22ARPFIRM.
FIRM is not authorized to update or change any supplied datasets and any ad hoc analyses or other
use of the supplied datasets, not specified in this Agreement and Contract No.22ARPFIRM. Any
additional use is not permitted without the prior written agreement of the COUNTY.
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34
12. Security of Data
A. Data Protection. FIRM shall take due care and take reasonable precautions to protect the
Category 3 data,as well as the COUNTY's data, from unauthorized physical and electronic
access as well as meet or exceed the requirements of the Washington State Technology
Services Board(TSB)policies and standards for data security and access controls to ensure
the confidentiality, availability and integrity of all data shared.
B. Data Security Technology Standards. FIRM will be responsible for providing data security
technology standards that will ensure acceptable levels of data security to the COUNTY.
These data security technology standards will include clear definitions outlining when and
where data should be encrypted and by what technologies.
C. IT Data Security Administration.FIRM will exchange documentation that outlines the data
security program components supporting this Agreement with COUNTY IT Data Security
Administrators. This documentation will define all data security methods and technology
for each individual data exchange to ensure COUNTY and FIRM are in compliance with
all appropriate Washington State Technology Service Board (TSB) security standards.
13.NON-DISCLOSURE OF DATA
Before receiving the data identified above, the COUNTY shall notify all authorized users in
writing who will have access to the data of the following requirements. This notification shall
include all authorized users who will use the data. A copy of this notification shall be provided to
FIRM at the same time it is provided to relevant authorized users.
A. Non-Disclosure of Data
1. Authorized users shall not disclose,in whole or in part,the data provided by COUNTY,
applicants, or FIRM to any individual or agency, unless this Agreement specifically
authorizes the disclosure. Data may be disclosed only to persons and entities that have
the need to use the data to achieve the stated purposes of this Agreement or the related
Contract No. 22 ARPFIRM.
2. Authorized users shall not access or use the data for any commercial or personal
purpose.
3. Any exceptions to these limitations must be approved in writing COUNTY.
B. Penalties for Unauthorized Disclosure of Information. In the event a FIRM authorized user
fails to comply with any terms of this Agreement, COUNTY shall have the right to take
such action as it deems appropriate. The exercise of remedies pursuant to this paragraph
shall be in addition to all sanctions provided by law, and to legal remedies available to
parties injured by unauthorized disclosure. FIRM accepts full responsibility and liabilit
for any violations of the Agreement.
C. Employee Awareness of Use/Non-Disclosure Requirements. FIRM shall ensure that all
staff with access to the data described in this Agreement are aware of the use and disclosure
requirements of this Agreement and will advise new staff of the provisions of this
Agreement. FIRM will provide an annual reminder to authorized users of these
requirements.
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35
14. Data Confidentiality
A. Acknowledgement of Confidentiality. FIRM acknowledges the confidential nature of the
applicants, recipients, participants data, as well as the aggregate server, application name.
operating system versions, and IP addresses. This data is confidential under state RCW
42.56.420 (4) and use of this information will be limited only to persons whose staff
function requires such access.
B. Disclosures under subpoena-
!. If a Party, its employees, agents, or contractors, or Vendor, is required by law,
government regulations, subpoena or court order to disclose any Data, the Party shall
give ten (10) business days prior written notice of the proposed disclosure to the other
Party and the Vendor, at the contact information listed herein, in order to allow that
Party or Vendor the opportunity to file documents seeking a court order preventing
disclosure of the Data. The notice shall include the name of the requester, so the Party
and/or Vendor may name the requester as a party to any action to enjoin disclosure.
2. Upon receipt of written notice of the requirement to disclose the Data, the Party and/or
Vendor, at their expense, may then seek appropriate protective relief to prevent all or
part of such disclosure. Should the Party and/or Vendor not file for protective relief in
superior court in the ten (10)business day time-frame provided,the Party shall disclose
Data only in compliance with, and only to the extent required by, any applicable law,
regulation, subpoena,or court order.
3. If a Party or Vendor becomes aware of any unauthorized use or disclosure of the Data
of the other Party, such Party or Vendor shall promptly advise the other Party of all
facts regarding such unauthorized use or disclosure.
15. Oversight
FIRM agrees that COUNTY will have the right,at any time,to monitor,audit,and review activities
and methods in implementing this Agreement in order to assure compliance therewith, within the
limits of the other party's technical capabilities.
16. Termination
COUNTY may terminate this Agreement pursuant to No. 38097 All data captured by FIRM prior
to termination are to be retained and remain available to meet any necessary reporting
requirements.
17. Governance
A. Severability-The provisions of this Data Sharing Agreement are severable. If any provision
of this Agreement is held invalid by any court that invalidity shall not affect the other
provisions of this Data Sharing Agreement and the invalid provision shall be considered
modified to conform to the existing law.
B. Venue - In the event of a lawsuit involving this Data Sharing Agreement, venue shall be
proper only in Yakima County, Washington.
Page 32 of 34
36
.h
18. Damages and Injunctive Relief
Because of the unique and highly confidential nature of the Data, the Parties acknowledge and
agree that a Party (or Vendor) may suffer irreparable harm if a Party (or Vendor) breaches any of
its obligations under this Agreement,and that monetary damages may be inadequate to compensate
for such breach. Accordingly, in addition to any other rights and remedies that may be available
to a Party(or Vendor)at law and in equity,a Party(or Vendor)shall be entitled to seek enforcement
of the provisions of this Agreement by seeking injunctive relief.
19. HEADINGS
The article headings in this Agreement have been inserted solely for the purpose of convenience
and ready reference. In no way, do they purport to, and shall not be deemed to, define, limit, or
extend the scope or intent of the articles to which they appertain.
I, hereby declare that I have the authority to bind FIRM to this Agreement, and
acknowledge that by signing below, I have read, understand and accept this Agreement,and
that this Agreement along with Contract No. 38097 constitute the entire Data Sharing
agreement between the PARTIES.
Dated this 3Vday of .4 ,202-2.
Signature of Authorized representative
R.o1x4
Printed Name and Title - nr-Yt,naj t�
Page 33 of 34
37
EXHIBIT H
• State and Local Fiscal Recovers Funds (SLFRF) Final Rule PDF
• SLFRF: Overview of the Final Rule PDF
• Coronavirus State and Local Fiscal Recovery Funds- Frequently
Asked Questions as o1July 27. 2023 PDF
• 2 CFR Part 200
https://www.ecfr.gov/currentltitle-2/subtitle-A/chapter-11/part-
200?toc=1
Page 34 of 34
38
8/18/23,4:20 PM View Application•ARPA Portal
Yakima County
Submission Details
Submitted By:Tory Adams
Submitted On: 5/25/2023 11:05:23 PM (UTC)
Status:Approved
Amount: 123462.00
Attachments:View Attachments(Lpplications/download-attachments?id=7S7345a0-50fb-ed11-a81c-000d3a5b5bcb).
Approvals
First Approval:Stefanie Truex on 8/18/2023 11:07:21 PM (UTC)
Second Approval:Craig Warner on 8/18/2023 11:14:25 PM (UTC)
Entity
Name:City of Yakima
EIN:
DUNS/UEI:
Primary Contact Name:Tory Adams
Primary Contact Title:
Primary Contact Email:Tory.Adams@Yakimawa.gov
Primary Contact Phone:
Certification
APPLICATION (TERMS AND CONDITIONS)
For sub-award of ARPA Grant
This application is being submitted by City of Yakima,Washington (the"Entity") for a grant in the amount of$123,462.00
(the"Grant Amount")from Yakima County,Washington (the "County"). If awarded,the Entity will be required to enter into
a Grant Agreement,to which this application will be attached as an Exhibit(the"Grant Agreement").
The grant, if awarded,will be funded as a sub-award of the County's federal State&Local Fiscal Recovery Funds(CFDA
No.21.027),as authorized under the American Rescue Plan Act(ARPA), in the total amount of$123,462.00 identified as
federal award identification number SLFRP2815(the"ARPA Grant")with a federal award date of June 7, 2021 provided by
the United States Treasury("Treasury")to the County.The Entity, as sub-recipient(the"Sub-recipient") of the ARPA Grant,
agrees to comply with the terms and conditions of such federal award applicable to sub-awards and sub-recipients,
including the following terms and conditions:
1.Use of Fund.
a.Sub-recipient understands and agrees that the funds disbursed under this sub-award may only be used in compliance
with section 603(c)of the Social Security Act(the"Act"), Treasury's regulations implementing that section,and
guidance issued by Treasury regarding the foregoing
b.Sub-recipient will determine prior to engaging in any project using this assistance that it has the institutional,
managerial,and financial capability to ensure proper planning, management,auditing,and completion of such
project.
2. Period of Performance.The period of performance for this sub-award begins on the date the Grant Agreement is executed
and ends on June 30,2024(subject to extension in the sole discretion of the County, but not later than December 31,2024),
provided that eligible uses for Grant funds may extend from March 3,2021 to such end date.
3.Reporting,Sub-recipient agrees to cooperate fully and promptly with the County with any and all reporting obligations
established by Treasury and/or the County as they relate to this award,including without limitation the reporting described
in Schedule A to the Grant Agreement.
4.Maintenance of and Access to Records.
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a.Sub-recipient shall maintain records and financial documents sufficient to support the County's production of
evidence of compliance with section 603(c) of the Act,Treasurys regulations implementing that section,and guidance
issued by Treasury regarding the foregoing.
b.The County,the Treasury Office of Inspector General and the Government Accountability Office,or their authorized
representatives,shall have the right of access to records(electronic and otherwise)of the sub-recipient, in order to
conduct audits or other investigations.
c.Records shall be maintained by sub-recipient for a period of seven(7)years after all funds have been expended or
returned to the County,whichever is later.
5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458, may not be paid with funding from this award.
6. No R&D Award,The sub-award shall not constitute an R&D award within the meaning of 2 CFR§200.332.
7.No Administrative Costs.Sub-recipient may use funds provided under this award to cover direct costs only.Indirect costs
shall not be paid or reimbursed with the sub-award
8.Cost Sharing.Cost sharing or matching funds are not required to be provided by sub-recipient.
9.Conflicts of Interest.Sub-recipient understands and agrees it must maintain a conflict of interest policy consistent with 2
C.F.R.§ 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Sub-
recipient and its sub-recipients(if any) must disclose in writing to Treasury or the pass-through entity,as appropriate,any
potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R.§200.112.
10.Compliance with Applicable Law and Regulations.
a.Sub-recipient agrees to comply with,and to fully cooperate with the County with respect to its compliance with,the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)of the Act,and
guidance issued by Treasury regarding the foregoing.Sub-recipient agrees to comply with all applicable federal
statutes, regulations, and executive orders.Sub-recipient also agrees to comply with, and to fully cooperate with the
County with respect to its compliance with,all other applicable federal statutes, regulations,and executive orders,and
sub-recipient shall provide for such compliance by other parties in any agreements it enters into with other parties
relating to this sub-award.
b.Federal regulations applicable to this sub-award include,without limitation,the following:
i.Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards, 2 C.F.R.Part
200,other than such provisions as Treasury may determine are inapplicable to this sub-award and subject to
such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform
Guidance,implementing the Single Audit Act,shall apply to this sub-award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25, pursuant to which the sub-award
term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference.
iii.Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170, pursuant to which the sub-
award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference.
iv.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part
180,including the requirement to include a term or condition in all lower tier covered transactions(contracts
and subcontracts described in 2 C.F.R.Part 180,subpart B)that the sub-award is subject to 2 C.F.R.Part 180 and
Treasury's implementing regulation at 31 C.F.R.Part 19.
v.Recipient Integrity and Performance Matters, pursuant to which the sub-award term set forth in 2 C.F.R. Part 200,
Appendix XII to Part 200 is hereby incorporated by reference.
vi.Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii.New Restrictions on Lobbying,31 C.F.R. Part 21.
viii.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§§4601-4655)and
implementing regulations.
ix.Generally applicable federal environmental laws and regulations.
c.Statutes and regulations prohibiting discrimination applicable to this sub-award include,without limitation,the
following:
i.Title VI of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31
C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or
activities receiving federal financial assistance;
ii.The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§ 3601 et seq.),which prohibits
discrimination in housing on the basis of race,color, religion,national origin,sex,familial status, or disability;
iii.Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on
the basis of disability under any program or activity receiving federal financial assistance;
iv.The Age Discrimination Act of 1975,as amended (42 U.S.C.§§ 6101 et seq.),and Treasury's implementing
regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance;and
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v.Title II of the Americans with Disabilities Act of 1990,as amended (42 U.S.C.§§ 12101 et seq.),which prohibits
discrimination on the basis of disability under programs,activities,and services provided or made available by
state and local governments or instrumentalities or agencies thereto.
11.Remedial Actions.In the event of the County's noncompliance(including without limitation as a result of the sub-recipient's
non-cooperation with the County or other sub-recipient noncompliance)with section 603 of the Act,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose
additional conditions on the County(and,thereby,the sub-recipient)of a subsequent tranche of future award funds,if any,
or take other available remedies as set forth in 2 C.F.R.§200.339.In the case of a violation of section 603(c)of the Act
regarding the use of funds,previous payments shall be subject to recoupment as provided in section 603(e) of the Act.
12. Hatch Act.Sub-recipient agrees to comply, as applicable,with requirements of the Hatch Act(5 U.S.C. §§ 1501-1508 and
7324-7328),which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
13. False Statements.Sub-recipient understands that making false statements or claims in connection with this sub-award is a
violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil
damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by
law.
14.Publications.Any publications produced with funds from this sub-award must display the following language:"This project
[is being] [was] supported, in whole or in part, by federal award number[SLFRP2815] awarded to[Yakima]County,
Washington by the U.S.Department of the Treasury."
15. Debts Owed the Federal Government,
a.Any funds paid to sub-recipient(1)in excess of the amount to which sub-recipient is finally determined to be
authorized to retain under the terms of this sub-award;(2)that are determined by the County or the Treasury Office of
Inspector General to have been misused;or(3)that are determined by Treasury to be subject to a repayment
obligation pursuant to section 603(e) of the Act and have not been repaid by sub-recipient shall constitute a debt to
the County and the federal government.
b.Any debts determined to be owed the County and the federal government must be paid promptly by the sub-
recipient.A debt is delinquent if it has not been paid by the date specified in the initial written demand for payment,
unless other satisfactory arrangements have been made or if the sub-recipient knowingly or improperly retains funds
that are a debt as defined in paragraph 15(a).The County and Treasury will take any actions available to it to collect
such a debt.
16.Disclaimer.
a.The County expressly disclaims(and the sub-recipient understands that the United States also disclaims)any and all
responsibility or liability to sub-recipient or third persons for the actions of sub-recipient or third persons resulting in
death, bodily injury, property damages,or any other losses resulting in any way from the performance of this sub-
award or any other losses resulting in any way from the performance of this award or any contract,or subcontract
under this sub-award.
b.The acceptance of this award by sub-recipient does not in any way establish an agency relationship between the
County(or the United States)and sub-recipient.
17.Protections for Whistleblowers.
a.In accordance with 41 U.S.C.§4712,sub-recipient may not discharge,demote, or otherwise discriminate against an
employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the
employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public
health or safety, or a violation of law, rule,or regulation related to a federal contract(including the competition for or
negotiation of a contract)or grant.
b.The list of persons and entities referenced in the paragraph above includes the following:
i.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General
iii.The Government Accountability Office
iv.A Treasury employee responsible for contract or grant oversight or management
v.An authorized official of the Department of Justice or other law enforcement agency;
vi.A court or grand jury;or
vii.A management official or other employee of sub-recipient,contractor, or subcontractor who has the
responsibility to investigate,discover, or address misconduct.
c.Sub-recipient shall inform its employees in writing of the rights and remedies provided under this section, in the
predominant native language of the workforce
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18.Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217(Apr. 18, 1997),sub-recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned, rented or personally owned vehicles.
19. Reducing Text Messaging While Driving:Pursuant to Executive Order 13513,74 FR 51225(Oct.6, 2009), sub-recipient should
encourage its employees, its sub-recipients(if any),and its contractors to adopt and enforce policies that ban text
messaging while driving,and sub-recipient should establish workplace safety policies to decrease accidents caused by
distracted drivers.
Certifications
The representative of the Entity submitting this Application certifies, represents and warrants as follows:
1.I am duly authorized by the Entity to submit this Application on its behalf.
2.I have read and understand this Application and the Grant Agreement that will be required if this Application is accepted
(including,without limitation,the provisions of the Grant Agreement related to reporting, recoupment,and indemnification).
3.I understand that award of the grant is and will remain subject to the availability of funds to make the grant.The County is
not and will not be obligated to fund the grant from any funds other than proceeds of the ARPA Grant that are actually
received by the County.
4.No funds received from the Grant, if awarded,will be used to pay or reimburse any costs that have been (or will be)paid or
reimbursed through another COVID-19 relief program (whether federal, state, county,local or non-governmental).
5.As part of this Application, I have provided the reports associated with the Entity's most recently completed independent
audit(e.g.financial statements, management letter, "Yellow Book"report,and Single Audit(if applicable))and that if the
grant is awarded,the Entity will provide such reports each year through the closeout(as defined in 2 C.F.R.Section 200.344)
of the grant
6.Notices to the Entity shall be in writing and addressed to[Entity CONTACT INFORMATION]and notices to the County shall
in writing and delivered to [Yakima County, 128 N 2nd Street,Yakima,WA 98901,Attention:Mr.Craig Warner,Finance
Director], or to such other address as either party shall provide to the other in writing.The Applicant is responsible for
notifying Yakima County for any changes to the contact information.
7.To the best of my knowledge, no person or entity involved in submitting this Application or that is expected to be involved
in the grant or the project funded thereby(i) has been debarred, suspended or otherwise excluded from participation in
federal or state assistance programs or activities or(ii) has violated or is currently the subject of any actual or threatened
investigation or audit involving allegations of fraud, bribery,dishonesty, or any other action that bears upon the
trustworthiness or responsibility of such person.
8.The Entity is registered with the System for Award Management("SAM")and I confirm that the name of the Entity and the
Data Universal Numbering System(DUNS)number provided with this Application are correct and consistent with the name
and number appearing in the SAM.Furthermore,the Applicant will maintain an active SAM registration at all times it has an
active federal award or application for federal award in process.
9.All information provided to the County in connection with this Application(including without limitation the information
entered into the County's online portal) is true,accurate and complete in all material respects as of and on the date hereof.
I certify that I have read and understand the above agreement and am legally authorized to sign on the City or Town's
behalf
Answer:Yes
Certified By:Susan Knotts
Certified Date:6/3/2023 12:00:35 AM
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Application ARPA-1023
Application Type*
Support Public Health
Funding Type*
Reimbursement
Project Name*
City of Yakima ALRP Project
Project Description(Max 1,500 characters)*
The City of Yakima, in coordination with the Yakima Police Department,will be deploying automatic license plate reader cameras in
the City in an effort to deter crime.Vehicles are almost always involved in transporting the suspect/victim to and from the
locations where crimes occur.The plate reader will assist the police department in investigations and solve crimes that would
normally go unsolved.
The cameras have also been found to assist in traffic counts.This information can be passed to traffic engineers who are
responsible for the maintenance and improvement of streets.
Support Public Health
Subcategory:*
1.11 Community Violence Interventions*^
Amount being requested:*
$123,462.00
Does this project include a capital expenditure?
No Yes
Choose the total value of the capital expenditure, including pre-development costs
Less than 1 million
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Type of Capital Expenditure
Capital Expenditure Description
Capital Expenditure Justification
If this is evidence-based, please provide the dollar amount of the total project spending that is allocated towards
evidence-based interventions:*
$123,462.00
Is a program evaluation of the project being conducted?
No Yes
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Number of workers enrolled in sectoral job training programs:
Number of workers completing sectoral job training programs:
Number of people participating in summer youth employment programs:
Brief description of structure and objectives of assistance program(s), including public health or negative economic
impact experienced*
The project consists of deploying up to 40 cameras in an effort to deter crime, which has an effect on public health.
Brief description of how a recipient's response is related and reasonably and proportional to a public health or negative
economic impact of COVID-19*
Crime affects public health in the form of violence and higher costs.This program looks to alleviate the affects by helping to
solve crime.
Number of small businesses served (by program if recipient establishes multiple separate small businesses assistance
programs)
Number of Non-Profits served (by program if recipient establishes multiple separate non-profit assistance programs)
What Impacted and/or Disproportionally Impacted population does this project primarily serve?*
1 Imp General Public
Sector of Employer
Certify: I have read the below information on evidence-based interventions and project demographic distribution.If my
project has either denotation, I have included the requirements and the dollar amount of the total project spending that is
allocated towards evidence-based interventions and/or project demographic distribution in the verbiage of the project
description. *
No Yes
Evidence Based Interventions (../..//clad evidencebased.png).
Project Demographic Distribution (../._//clad demographicsdist.png)
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•�- INSIGHT PUBLIC SECTOR SLED Pages of 2
Insight-l• 2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
PUBLIC SECTOR
Tel: 800-467-4448
SOLD-TO PARTY 10475290
Quotation
CITY OF YAKIMA
129 N 2ND ST
YAKIMA WA 98901-2613 Quotation Number : 0226755302
Document Date : 11-OCT-2023
PO Number : FLOCK SAFETY
SHIP-TO PO release:
YAKIMA POLICE DEPARTMENT Sales Rep : Bryce Mackin
YAKIMA POLICE DEPARTMENT Email : BRYCE.MACKIN@INSIGHT.COM
200 S 3RD ST Telephone : +15097422221
YAKIMA WA 98901-2830
We deliver according to the following terms:
Payment Terms : Net 30 days
Ship Via : Insight Assigned Carrier/Ground
Terms of Delivery : FOB DESTINATION
Currency : USD
**Customer understands, accepts and agrees that this purchase is subject to Flock Safety's End User License Agreement,
available at: https://www.flocksafety.com/terms-and-conditions-eula**
Term: 12 Months
Billing: Contract will be invoiced 100% - $113,400.00 plus applicable tax upon issuance of purchase order
Material Material Description Quantity Unit Price Extended Price
PS-IMP-EXST FLOCK GROUP PROFESSIONAL SERVICES 36 150.00 5,400.00
INFRASTRUCTURE MOUNTING SERVICE
OMNIA PARTNERS(COBB COUNTY) IT PRODUCTS AND
SERVICES(#23-6692-03)
List Price: 195.99
Discount: 23.465%
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE- 36 3,000.00 108,000.00
POWER+ LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT TM
+ MACHINE LEARNING SOFTWARE AND REAL-
ALERTS FOR UNLIMITED USERS
Coverage Dates: 11-OCT-2023- 11-OCT-2024
OMNIA PARTNERS(COBB COUNTY) IT PRODUCTS AND
SERVICES(#23-6692-03)
List Price: 3319.99
Discount: 9.638%
Product Subtotal 108,000.00
Services Subtotal 5,400.00
TAX 9,412.20
Total 122,812.20
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT
solution offering.
Sincerely,
i� 46
Insight Quotation Number 226755302
Document Date 11-OCT-2023
PUBLIC SECTOR
Page 2 of 2
Bryce Mackin
+15097422221
BRYCE.MACKIN@INSIGHT.COM
Fax 4807607457
To purchase under this contract, your agency must be registered with OMNIA Partners Public Sector.
Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight
representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial
options.
This purchase is subject to Insight's online Terms of Sale unless you have a separate purchase agreement signed by you and
Insight, in which case, that separate agreement will govern. Insight's online Terms of Sale can be found at the "terms-and-policies"
link below.
SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings
("Software and Cloud Offerings"), each offering will be subject to the applicable suppliers end user license and use terms
("Supplier Terms") made available by the supplier or which can be found at the "terms-and-policies" link below. By ordering,
paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you
and the applicable supplier have a separate agreement which governs.
https://www.insight.com/terms-and-policies