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
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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.