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HomeMy WebLinkAbout1815 ResolutionRESOLUTION NO. 1815 A RESOLUTION approving the Narcotics Control Grant Contract with the State Department of Community Development. WHEREAS, the City made application to the State Department of Community Development in August of 1987, for funds from the U.S. Department of Justice under authority of the Anti-Drug Abuse Act of 1986, Title I, Subtitle K; and WHEREAS, the Department has approved the City's application and offered the City a Narcotics Control Grant Contract consistent with the application and pertinent law; and WHEREAS, the City of Pasco along with the cities of Kennewick, Richland, West Richland and the counties of Benton and Franklin, have entered into an Interlocal Agreement creating a Metropolitan Controlled Substances Enforcement Group through which the grant funds will be used to reimburse expenses of the regional, multi-jurisdictional task force to combat the trafficking of illegal narcotics in the region; and WHEREAS, the approval of the Narcotics Control Grant Contract by the City of Pasco is required prior to the receipt of grant assistance to the task force, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO RESOLVE AS FOLLOWS: 1. Washington State Department of Community Development Narcotics Control Grant Contract No. 2-88-71263, a copy of which is attached hereto, is hereby accepted and approved. 2. The following signature authorizations are hereby approved: a. The City Manager is authorized to sign application/revised applications. b. The City Manager is authorized to sign contract/contract modifications. c. The City Finance Director, Jerry Conner, or Assistant Finance Director, Dan Underwood, are authorized to sign vouchers. 'I -1- ATTEST: APPROVED AS TO FORM: PASSED by the City Council and APPROVED by the Mayor this 4th day of J nuary, 1988. ED HENDLE-Rt" MAYOR N WELLS, City Clerk GREG AARUBSTELLO, City Attorney State of Washington Department of Community Development Local Government Services Division Narcotics Control Grant Contract No. 2-88-71263 This CONTRACT, entered into by the City of Pasco (hereinafter referred to as the CONTRACTOR) and the Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: o The DEPARTMENT has received funds from the U.S. Department of Justice under authority of the Anti-Drug Abuse Act of 1986, Title I, Subtitle K, the State and Local Law Enforcement Assistance Act (Public Law 99- 570) to provide grants to local units of government for drug law enforcement. o The DEPARTMENT desires to provide a conditional grant to engage the CONTRACTOR to perform certain tasks as hereinafter agreed upon by both parties. o This conditional grant to the CONTRACTOR is subject to the specific legislation, regulations, and policies applicable to the Anti-Drug Abuse Act of 1986, Title I, Subtitle K, the State and Local Law Enforcement Assistance Act (Public Law 99-570). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. SERVICE PROVISIONS a) The CONTRACTOR shall use the grant funds solely for a regional, multi-jurisdictional task force project consistent with the task force project proposal submitted to the DEPARTMENT on August 15, 1987, as part of the application for funding, upon which the grant was based. b) ATTACHMENT A: STATEMENT OF WORK and ATTACHMENT B: PROJECT BUDGET are, by this reference, incorporated into this contract. 2. FUNDING a) The total funds to be reimbursed to the CONTRACTOR for the contract period shall not exceed $213,825. b) The CONTRACTOR shall provide an amount of not less than 25 percent of the cost, in the aggregate, of the uses identified in ATTACHMENT A: STATEMENT OF WORK and as specified in ATTACHMENT B: PROJECT BUDGET. 3. CERTIFIED ASSURANCES By execution of this contract, the CONTRACTOR certifies that it will assure to the provisions contained in ATTACHMENT C: CERTIFIED ASSURANCES, which by this reference, is incorporated into this contract. 4. CONTRACT PERIOD The effective date of this contract shall be November 1, 1987. The termination date of the contract shall be December 31, 1988. 5. REIMBURSEMENT PROVISION The CONTRACTOR shall submit a Washington State Invoice Voucher to the DEPARTMENT indicating the type of the services rendered preceding date of the voucher. Within twenty (20) days after receiving the voucher, the DEPARTMENT shall remit to the CONTRACTOR a warrant covering the cost of the prior agreed upon activities. The final voucher must be submitted to the DEPARTMENT prior to December 31, 1988. Final payment under this contract shall be contingent upon receipt of the final report. 6. RECAPTURE PROVISION a) In the event that the CONTRACTOR fails to expend federal funds in accordance with federal or state law or the provisions of this contract, the DEPARTMENT reserves the right to recapture funds in amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed three years following contract termination. Repayment by the CONTRACTOR of funds under this recapture provisions shall occur within 30 days of demand. In the event that the DEPART- MENT is required to institute legal proceedings to enforce the recapture provisions, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. b) In the event that the CONTRACTOR fails to provide to the project matching resources in full and in accordance with the provisions of this contract, the DEPARTMENT reserves the right to recapture or withhold funds in an amount equivalent to the extent of the non-compliance. 7. EVALUATION and MONITORING a) The CONTRACTOR shall cooperatively and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract. b) At any time during or for the duration of this contract, the CONTRACTOR shall cooperate with and freely participate with the DEPARTMENT in the development of a statewide comprehensive data system related to drug abuse and drug law enforcement activities, including a uniform data reporting system. c The DEPARTMENT or the State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for three years from the date final payment is made hereunder. 8. NONDISCRIMINATION PROVISION There shall be no discrimination against any employee who is paid by the funds indicated in the contract or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall Include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. 9. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 10. TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fall to fulfill in a timely and proper manner its obligations under this contract or If the CONTRACTOR shall violate any of its covenants, agreements, or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation Is not corrected within twenty (20) days after submitting written notice to the CONTRACTOR describing such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c) Reimbursement for CONTRACTOR services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. d) The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction In funds by the source of those funds, and If such funds are the basis for this contract. 11. PROPERTY AND EQUIPMENT All property, equipment, or other assets purchased partially or wholly with funds provided by this grant shall be considered the property of the task force as identified in ATTACHMENT A: STATEMENT OF WORK and shall remain the property of the task force until it is disbanded. In the event that the task force is disbanded, such property shall be distributed in such a manner as to provide for an equitable disposition among the parties to the task force as mutually agreed to by each party. In the event that only one party terminates its participation in the task force, the property shall remain the property of the task force until it is disbanded. 12. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract. 13. HOLD HARMLESS The CONTRACTOR'S relation to the DEPARTMENT and the state of Washington shall be at all times as an independent contractor. Each party hereto agrees to be responsible and assume liability for its own wrongful and negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend and hold the other parties harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party; and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other parties. 14. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by contract shall be decided by the DEPARTMENT, which shall produce its decision in writing and mail, or otherwise furnish a copy thereof, to the GRANTEE. The decision of the DEPARTMENT shall be final and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connec- tion with the decision provided for in the preceding paragraph provided that nothing in this contract shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 15. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the superior court of Thurston County, Washington. 16. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances in held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable. 17. CONTRACT ADMINISTRATION a) The CONTRACTOR shall administer this contract in accordance with the specific legislation, regula- tions, and policies applicable to the Anti-Drug Abuse Act of 1986, Title I, Subtitle K, the State and Local law Enforcement Assistance Act (Public Law 99-570). b) CONTRACTOR'S representative shall be Gary Crutchfield, City Manager c) DEPARTMENT'S representative shall be Nick Turnbull IN WITNESS HEREOF, the DEPARTMENT and CONTRACTOR have executed this contract as of the date and year wriAt en below. A P Aggitt4.41,4,AATA4r. Chuck Clarke, Director Co trac r j Department of Community Development Gary Cr tchfield, Ity Manager DATE: 1 7-11319-1 • Assi ant Attorney General DATE: DATE: AO/75M APPROVED AS TO FORM: ATTACHMENT A: STATEMENT OF WORK City of Pasco Narcotics Task Force The members of the task force shall formally structure and jointly coordinate selected law enforcement activities, resources, and functions in order to disrupt illegal drug trafficking systems and to remove traffickers through a cooperative program of investigation, prosecution, conviction, and asset forfeiture. The task force shall be a part of the state of Washington's Narcotics Control Program. Critical elements of the task force work program shall include the following: 1. Establishment through formal agreement a two-county, multi-jurisdictional task force (known as the Metropolitan Enforcement Group), which shall be composed of the following: o Two investigators from the Kennewick Police Department; • Two investigators from the Pasco Police Department; o Two investigators from the Richland Police Department; o Two investigators from the West Richland Police Department; • Two investigators from the Benton County Sheriff's Department; o One investigator from the Franklin County Sheriff's Department; • One deputy prosecutor and one clerk from the Benton County Prosecutor's Office; o One deputy prosecutor and one part-time clerk from the Franklin County Prosecutor's Office; and o One supervisor from the Washington State Patrol. 2. Formal adoption of a task force strategy consistent with the task force proposal submitted by the City of Pasco to the DEPARTMENT as part of the task force grant application. A governing board shall be established consisting of Chiefs of Police and the Sheriffs of member agencies. It shall be the responsibility of the governing board to set policy and goals of the task force operation and to review activities. The board shall meet periodically, but not less than quarterly. 3. Implementation of task force operation, which shall achieve the following results: o Establish a centralized intelligence gathering and disseminating operation, using computerized data base, for all jurisdictions participating in the task force which shall identify specific participants, and their level of participation, within each drug trafficking organization. , o Establish, coordinate, and maintain intelligence and operational contacts and activities with other law enforcement agencies and task forces--local, state, and federal. o Develop a channel of communication with property investigators to obtain intelligence addressing burglary, theft, and "fence" operations from the narcotic community in an effort to reduce and/or successfully resolve related criminal activity. o Achieve an Increase in felony narcotic convictions in the two-county region. o Disable or terminate the controlled substances trafficking of at least one currently identified organization through arrest and prosecution of its members and seizure of its assets. o Incorporate any and all avenues of assets seizure and forfeiture for the purpose of enhancing unit narcotic investigation activities. ATTACHMENT B: PROJECT BUDGET City of Pasco Narcotics Task Force Budget Category Local Federal Total 1. Personnel $197,500 $114,333 $311,833 2. Equipment $ -0- $ 30,507 $ 30,507 3. Facilities $ 7,200 $ -0- $ 7,200 4. Training $ -0- $ 6,880 $ 6,880 5. Supplies $ -0- $ 5,000 $ 5,000 6. Operating Expenses $ -0- $ 57,105 $ 57,105 TOTAL $204,700 $213,825 $418,525 ATTACHMENT C: CERTIFIED ASSURANCES 1. The Contractor assures that, following the first fiscal year covered by this Agreement and each fiscal year thereafter, it shall submit to the Washington State Department of Community Development (DCD) a summary of the activities carried out with grant funds and an assessment of the impact of such activities on meeting the needs identified in the Statewide Strategy submitted under section 1302 of the Anti- Drug Abuse Act of 1986 (hereinafter referred to as "the Act"). 2. The Contractor assures that federal funds made available under section 1302 of the Act will not be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for drug law enforcement activities. 3. The Contractor assures that matching funds required to pay the non-federal portion of the cost of its program or project, for which federal grant funds are made available, shall be in addition to funds that would otherwise be made available for drug law enforcement. 4. The Contractor assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as the United States Bureau of Justice Assistance (BJA) or DCD shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the Act. 5. The Contractor assures that it will maintain such data and information and submit such reports, in such form, at such times, and containing such information as BJA, DCD, or the Washington State Patrol may required. 6. The Contractor assures that it will comply, and all its subgrantees and contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and, Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et Eta., as applicable to construction contracts. 7. The Contractor assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a recipient of federal funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance, Office of Justice Programs. 8. The Contractors assures that it will comply with the provisions of the Office of Justice Programs' "Financial and Administrative Guide for Grants," M7100.1C. 9. The Contractor assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. 10. The Contractor assures that it will comply with Executive Order 12372, regarding intergovernmental review of federal programs through the Washington Intergovernmental Review Process (WIRP). 11. The Contractor assures that it has entered into an Interagency Agreement with all agencies participating in the Task Force project. The Interagency Agreement shall specify the purpose of the Task Force, the organizational structure, the roles of each jurisdictions, the terms and conditions of programmatic and financial participation, and procedures for disposing of any equipment purchased with project funds or assets seized as a result of successful operations.