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ORDINANCE NO. 5 0 1 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE
STATE OF WASHINGTON, DEPARTMENT OF COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT, OFFICE OF CRIME VICTIMS ADVOCACY, IN THE
AMOUNT OF EIGHTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS
($18,250), APPROVING AN IN-KIND MATCH OF SIX THOUSAND EIGHTY-
THREE DOLLARS ($6,083) AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SUBRECIPIENT ENUMCLAW YOUTH CENTER FOR THE
PURPOSE OF FUNDING NEIGHBORHOOD PROGRAMS AT THE MT. BAKER
NEIGHBORHOOD FAMILY CENTER AND THE ENUMCLAW YOUTH CENTER AND
PROVIDING FOR THE EXPENDITURE AND APPROPRIATION THEREOF.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City
Council hereby accepts the grant from the State of
Washington's Office of Crime Victim Advocacy in the amount of
Eighten Thousand Two Hundred Fifty Dollars ($18,250) and
deposits said grant funds in the City of Auburn's general fund
and approves an in-kind match of Six Thousand Eighty-three
Dollars ($6,083) to which the City of Auburn will contribute
-----------------------
Ordinance No. 5016
August 25, 1997
Page 1
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$1,800 in printing and postage, the Auburn School District
will contirubte $2,400 for the use of Mt. Baker Middle School
and Auburn Youth Resources.will contribute $1,883 for program
costs at the Enunclaw Youth Center.
Section 2. The City Council hereby approves the
expenditure and appropriation of Eighteen Thousand Two Hundred
Fifty Dollars ($18,250) of State of Washington grant funds for
the purpose of operating the Neighborhood Family Center at Mt.
Baker Middle School and authorizes the City to enter into an
agreement with the Enumclaw Youth Center as a subrecipient of
the grant funds and approves program costs said Neighborhood
Family Centers may incur.
Section 3. The Mayor and City Clerk of the City of
Auburn are hereby authorized to execute Contract No. F97-
31497-002, between. the City and the State of Washington,
Department of Community, Trade and Economic Development,
Office of Crime Victims Advocacy. Said Contact is attached
hereto, designated Exhibit "A" and incorporated herein by this
reference.
-----------------------
Ordinance No. 5016
August 25, 1997
Page 2
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Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED: 7
APPROVED: C?-
f
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
)ROVED A TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: qMIL97
-----------------------
Ordinance No. 5016
August 25, 1997
Page 3
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY,
TRADE & ECONOMIC DEVELOPMENT
1. Contractor's Name and Address:
City of Auburn, Dept. of Planning and Community Development
25 West Main
Auburn, WA 98001
2. Tax Identification No.: 91-6001228
3. Contract Number: F97-31497-002
4. Amendment:
5. Contract Amount:
6. Contact Person:
Title:
Phone:
$ 18,250.00
Bill Mandeville
Associate Planner
206-804-5029
16.5
333.16.
13. Program Name: Youth Violence Prevention and Intervention Program
14. Purpose: Provides funds for community-based pilot/demonstration projects to reduce youth violence.
15. Requests for reimbursement under this CONTRACT are subject to the following Budget:
Salaries
Benefits
Contracted Services
Goods & Services
Indirect/Overhead
16. Total
Fiscal Year 1998
$ 2,520.00
$ 504.00
$ 11, 976.00
$ 3,250.00
$ 18,250.00
17. Match $: $ 6,083.00 Minimum required not less that 25% of Total Project Budget. Grant Amount (line 16)
plus Match Amount (line 17) equals Total Project Budget.
IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments hereto and in
witness whereof have executed this CONTRACT as of the date and year written below. The rights and obligations of both parties to this CONTRACT are
governed by this CONTRACT Face Sheet and other documents incorporated herein by reference:CONTRACT Specific Terms and Conditions,
CONTRACT General Terms and Conditions, and CONTRACTOR'S Application for Funding, as accepted and amended by the DEPARTMENT.
FOR THE DEPARTMENT:
Assistant Director
Department of Community, Trade and Economic Development
Date:
APPROVED AS TO FORM ONLY:
Suzanne Shaw, Assistant Attorney General
Da 7Rl9
o-iednas/lo orm:
Michael J:" -Reyno-lds
City Attorney of Auburn
OFFICE OF CRIME VICTIMS ADVOCA(
YOUTH VIOLENCE PREVENTION AND INTERVENTIC
CONTRACT FACE SHEI
7. Organization's Fiscal Year:
8. Contract Period:
1_ inn +n 41_n
7/1 /07 +n AM/
9. Funding Authority: State of Washingto
Community, Trade and Economic Development and
U.S. Department of Justice Grant #97-DB-CX-0053
10. Service Area:
Community Service
11. Catalog of Federal Domestic Assistance
(CFDA) Number:
12. BARS Code:
FOR THE CONTRALTO
L Signature
Chuck Booth
Name
Mayor of Auburn
Title V/SZ,21
Date Exhibit "A" Ordinance No. 5016
September 1 S, 1997
SPECIFIC TERMS AND CONDITIONS
Federal Byrne Formula Grant
Bureau of Justice Programs, U.S. Department of Justice
Grant #97-DB-CX-0053
Department of Community, Trade and Economic Development
Office of Crime Victims Advocacy
Youth Violence Prevention and Intervention Program
Note: Please see GENERAL TERMS AND CONDITIONS for additional terms that
apply to Contracts administered by the Office of Crime Victims Advocacy (OCVA),
Department of Community, Trade and Economic Development (CTED).
SECTION 1. CONTRACT AGREEMENT
This CONTRACT, entered into by the City of Auburn, Department of Planning and
Community Development (hereinafter referred to as the CONTRACTOR) and the
Department of Community, Trade and Economic Development (hereinafter
referred to as the DEPARTMENT), WITNESS THAT:
WHEREAS, the DEPARTMENT is responsible for administering federal funds
made available to the state of Washington by the U.S. Department of Justice,
Bureau of Justice Assistance, to implement the Anti-Drug Abuse Act of 1990; and
the DEPARTMENT'S primary duty is to award and manage a system of grants to
state and local jurisdictions; and
WHEREAS, the DEPARTMENT has selected the CONTRACTOR through a
Request for Proposal process distributed statewide to all eligible bidders, including
local governments, schools, non-profit organizations and community groups, tribes
and other organizations or businesses that are qualified to provide youth violence
prevention and intervention services; and
WHEREAS, the CONTRACTOR shall use the awarded funds to administer
pilot/demonstration projects that provide comprehensive, community-based
prevention and intervention activities for at-risk youth and their families. Projects
must identify relevant risk and protective factors in the target population and
logically link them to their prevention and intervention strategies and services.
Projects must remain unchanged for the duration of the CONTRACT and provide
measurable data to evaluate the reduction of risk factors and enhancement of
protective factors related to youth violence as a problem behavior.
NOW, THEREFORE, in consideration of covenants, conditions, performances,
and promises hereinafter contained, the parties agree as follows:
SECTION 2. DEFINITIONS
Terms used throughout this Contract are defined below.
REF: Ordinance No. 5016
e,,,. f.rnhar 1& 1997
"Department" means the Department of Community, Trade and Economic
Development, or its successor agency, of the state of Washington, any division,
section, office, unit, or other entity of that Department or any of the officers or
other officials lawfully representing the Department.
"Contractor" means that agency, firm, organization, provider, individual or other
entity performing services under this Contract. It shall include any Subcontractor
retained by the prime Contractor as permitted under the terms of this Contract.
"Subcontractor" means an individual or entity who is not an employee of the
Contractor, and is performing all or part of the services under this Contract
through a subcontract with the Contractor. The terms "Subcontractor" and
"Subcontractors" mean any subrecipient.
SECTION 3. FUNDING
The total of funds to be reimbursed to the CONTRACTOR for costs incurred
during the CONTRACT period shall be a sum not to exceed $18,250.00.
SECTION 4. CONTRACT PERIOD
The effective date of this CONTRACT shall be the date it has been fully executed by
both parties. The CONTRACT period shall be from July 1, 1997 through June 30,
1998, except for any remaining obligations of the CONTRACTOR as may exist as
referenced under REPORTS section of these SPECIFIC TERMS AND
CONDITIONS.
SECTION 5. SCOPE OF SERVICES
Over the course of the CONTRACT period, the CONTRACTOR shall accomplish
the services described in Attachment "A" (Statement of Work) which is
incorporated into the Specific Terms and Conditions by reference. Projects must
be structured using the risk and protective factors approach to prevention, be
culturally relevant, and reflective of the target population and community's needs.
Projects may serve children, youth and families.
Allowable activities may include, but are not limited to:
• Skill building in anger management, conflict resolution, victim
awareness and cultural awareness
• Empathy training
• Family management training
• Counseling
• Mentoring
• Peer support programs
• Educational assistance
• Assistance in re-entering school.
2 REF: Ordinance 5016
September 15, 1997
SECTION 6. REPORTS
The CONTRACTOR must submit quarterly project activity reports using Project
Activity Reporting System (PARS) software supplied by the DEPARTMENT.
PARS reports are due by the 15th day of the month following the end of each
quarter, except the final quarter. Quarterly report due dates for State Fiscal Year
1998 are: October 15, 1997, January 15, 1998, April 15, 1998, and July 10, 1998.
A Yearly Progress Report is due on July 10, 1998, as designated in Attachment
"All.
The DEPARTMENT may withhold reimbursement payment if the CONTRACTOR
fails to submit required reports to the DEPARTMENT.
SECTION 7. PROJECT BUDGET
An approved project budget by category of expenditure is included as Attachment
"B" of this CONTRACT, and is incorporated into the Specific Terms and Conditions
by reference herein.
Transfer of funds between line item budget categories if the cumulative amount of
these transfers exceeds or is expected to exceed ten (10) percent of the grant
amount awarded shall be subject to justification and negotiation of a CONTRACT
amendment by the CONTRACTOR and the DEPARTMENT.
No more than ten (10) percent of the grant amount awarded may be reimbursed
for indirect/overhead costs.
The CONTRACTOR must provide a 25 percent local cash match based on Total
Project Budget. Total Project Budget is defined as the grant amount awarded plus
the local match. The CONTRACTOR may expend match funds in a greater
proportion to grant funds, however, the CONTRACTOR must expend all match
funds as indicated in Attachment "B" of the CONTRACT prior to the close of the
CONTRACT. Expenditures of match funds must be identified on the invoice
voucher form provided by the DEPARTMENT.
SECTION 8. ACKNOWLEDGMENT OF FEDERAL FUNDS
The CONTRACTOR agrees that, when issuing statements, press releases,
requests for proposals, bid solicitations, and other documents describing projects
or programs funded in whole or in part with federal funds, the CONTRACTOR
receiving federal funds under this CONTRACT shall clearly state the project is
being financially supported by federal funds.
The CONTRACTOR agrees that any publication (written, visual, or sound) but
excluding press releases, newsletters, and issue analyses, issued by the
CONTRACTOR describing programs or projects funded in whole or in part with
federal funds under this CONTRACT, shall contain the following statement:
REF: Ordinance 5016
3 September 15, 1997
"This project was supported by a grant from the Bureau of Justice Programs, U.S.
Department of Justice. The Assistant Attorney General, Office of Justice
Programs, coordinates the activities of the following program offices and bureaus:
Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute of
Justice, Office of Juvenile and Delinquency Prevention, and the Office for Victims
of Crime. Points of view or opinions contained within this document do not
necessarily represent the official position or policies of the U.S. Department of
Justice."
SECTION 9. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this CONTRACT shall be subject to and
governed by the Specific Terms and Conditions contained in the text of this
CONTRACT instrument, and the following exhibits:
A. General Terms and Conditions
SECTION 10. CONTRACT ADMINISTRATION
The DEPARTMENT'S representative shall be Tom Stilz, Program Manager, Office
of Crime Victims Advocacy.
The CONTRACTOR designates the following person(s) as a contact to the
DEPARTMENT relative to this CONTRACT. This contact person need not be the
individual who signs the document on behalf of the CONTRACTOR, but rather, is
one who is familiar with the operational aspects of the program which is supported
by these funds.
Bill Mandeville
Name of Contact Person
Associate Planner 804-5029
Title
El S
Name of additional Contact Person
(optional)
Phone
or 731 3o
Title Phone
SECTION 11. INTERPRETATION OF CONTRACT
Order of Precedence. In the event of an inconsistency in this CONTRACT, unless
otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
• Specific Terms and Conditions as contained in this basic CONTRACT
instrument
• Contract Face Sheet
• Exhibit A - General Terms and Conditions
• Attachment A - Statement of Work
4
Attachment B - Project Budget
Any other provision, term or material incorporated herein by reference or
otherwise incorporated.
Entire Agreement. This CONTRACT including referenced exhibits and
attachments represents all the terms and conditions agreed upon by the parties.
No other understandings or representations, oral or otherwise, regarding the
subject matter of this CONTRACT shall be deemed to exist or to bind any of the
parties hereof.
Conformance. If any provision of this CONTRACT violates any statute or rule of
law of the state of Washington, it is considered modified to conform to that statute
or rule of law.
Approval. This CONTRACT shall be subject to the written approval of the
DEPARTMENT'S authorized representative and shall not be binding until so
approved, except as otherwise provided herein. Except as otherwise provided
herein, the CONTRACT may be altered, amended, or waived only by a written
amendment executed by both parties.
REF: Ordinance 5016
September 15, 1997
ATTACHMENT A
CONTRACT #F97-31497-002
Page 1 of 3
STATEMENT OF WORK
CITY OF AUBURN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
JULY 1, 1997 -JUNE 30, 1998
The City of Auburn's Department of Planning and Community Development
(Contractor) shall implement the Auburn/Enumclaw Family Centers Project, in
cooperation with the Auburn School District (Mt. Baker Middle School) and the
Enumclaw Youth Center. Additional project support will be provided by Auburn
Parks and Recreation, Children's Home Society and Auburn Youth Resources.
The target population for the Family Centers is middle school age children and
their parents in the Mt. Baker Middle School and Enumclaw attendance areas.
The purpose of the project is to reduce youth violence through building family
management skills and increasing neighborhood organizational capacity. The
project will coordinate the delivery of existing programs at the neighborhood level,
maximize citizen participation, and present specialized programs that focus on the
youth violence related risk and protective factors below.
1. RISK FACTORS ADDRESSED
A. Low Neighborhood Attachment and Community Disorganization, Family
Conflict, Family Management Problems, Friends Who Engage in Violent Behavior
As a strategy to reduce these risk factors, the Contractor shall oversee the
organization, promotion and operation of two Family Centers, one at Mt. Baker
Middle School and one at the Enumclaw Youth Center. Both centers will be
available for public use six hours per week over a nine month period. Each
Center will offer approximately 200 hours of scheduled programs and events for
youth and parents.
At the Mt. Baker Neighborhood Family Center, recreation staff will provide
approximately two hours of recreational activities every other week. In conjunction
with these activities, other agencies will offer crime prevention, parenting and
neighborhood development programs and workshops. By combining these two
activities, recreational staff provide childcare so parents can attend adult-focused
programming. Adult workshops and training courses will help empower the
neighborhood group organized during the FY97 program year, and should help
broaden the number of agencies participating in Family Center events and
programs.
Attachement "A" Ordinance No. 5016
Sentember 15. 1997
ATTACHMENT A Page 2 of 3
CONTRACT #F97-31497-002
Children's Home Society and Enumclaw Youth Center will conduct approximately
200 hours of programming focused on parenting and early childhood
development. Each agency will deliver approximately ten classes/programs with
each class/program averaging ten hours of instruction.
Measurement: Number of parents and children who attend the centers and the
specialized programs. Ability of the centers to continue and expand operations
with the commitment of neighborhood residents, school and city officials, and
other interested service providers and stakeholders. School attendance. Parent
participation in neighborhood and school activities such as the PTA.
II. PROTECTIVE FACTORS
Auburn/Enumclaw Family Centers will. enhance protective factors by providing
skills to help neighborhood residents improve their organizational capacity, expose
neighborhood residents to external support systems that provide a responsive and
nurturing environment and positive role models, and help parents and their
children develop the skills to access local resources and achieve greater
resiliency.
Bonding - Opportunities to Participate: Family Centers will provide many
opportunities for children and families to participate in programs, activities and
events designed to increase skills, build resiliency and strengthen neighborhood
attachment. Centers and project staff will nurture the development of positive and
developmentally appropriate bonds within participating families.
Bonding - Learning New Skills: Children will have the opportunity to learn new
personal management skills, including social and communication skills in a safe
and supportive environment. Parents will have the opportunity to gain general and
specific knowledge that should help reduce family conflict and enhance their
family management skills.
Bonding - Individual Recognition for Participation Efforts: Project coordinators and
center staff will strive to recognize accomplishments and progress made in each
family and group of families that participate in center activities and projects.
Occasional events will be offered to participants to acknowledge
accomplishments, and create new avenues for cooperation. A newsletter will be
developed that will highlight programs and accomplishments.
Attachment "A" Ordinance No. 5016
September 15, 1997
ATTACHMENT A
CONTRACT #F97-31497-002
Page 3 of 3
Healthy Beliefs/Clear Standards Set for Behavior: Center staff will provide
consistent rules and supportive supervision of all activities. Center staff will
provide the necessary support and encouragement to help participants build
socially appropriate bonds within their families, school and community.
III. REPORTS AND EVALUATION
The Contractor shall submit computer-based Project Activity Reporting System
(PARS) reports on a quarterly basis. PARS narrative reports should describe
progress, notable successes, challenges and community involvement in the
project during each quarter. PARS intake/activity and/or primary prevention
reporting should include the number and description of participants served and the
types of services/activities delivered during each quarter. The Contractor shall
also submit a Yearly Progress Report due at the end of the contract year. The
Department shall provide Contractor with the tools necessary for reporting.
Contractor agrees to comply with the collection of data for outcome evaluation as
may be specified by the Department.
Attachment "A" Ordinance No. 5016
September 15. 1997
CONTRACT #F97-31497-002 PROJECT BUDGET ATTACHMENT
for
CITY of AUBURN
DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT
July 1, 1997 - June 30, 1998
BUDGET ITEM YVPIP GRANT MATCH` TOTALS
Salaries
Project management $ - $ 15,000.00 $ 15,000.00
Site coordinator $ 1,440.00 $ - $ 1,440.00
Support staff $ 1,080.00 $ - $ 1,080.00
Subtotal $ 2$20.00 $ 15,000.00 $ 17,520.00
Benefits
Misc. benefits @20% $ 504.00 $ 3,000.00 $ 3,504.00
Subtotal $ 504.00 $ 3,000.00 $ 3,504.00
Contracted Services
Parenting Classes $ 8,500.00 $ -
Crime Prevention & Neighborhood Programs $ 3,476.00 $ - $ 3,476.00
Subtotal $ 11,976.00 $ - $ 3,476.00
Goods and Services
Food and supplies $ 1,000.00 $ - $ 1,000.00
Program materials $ - $ - $ '
Postage and printing $ 1,000.00 $ 2,700.00 $ 3,700.00
Professional Development $ 1,250.00
Subtotal $ 3,250.00 $ 2,700.00 $ 4,700.00
Subtotals $ 18,250.00 $ 20,700.00 $ 25,724.00
Indirect Costs $ - $ 3,500.00 $ 3,500.00
TOTAL PROJECT BUDGET $ 18,250.00 $ 24,200.00 $ 42,450.00
'`Minimum hard cash match required @ 25% of Total Project
Budget. Total Project Budget = YVPIP Grant plus Match.
Notes:
1) $1,250 added to Good and Services in YVPIP column
(Professional Development line)
97002-b
Attachement "B" Ordinance No. 5016
September 15, 1997
WASHINGTON STATE
COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT
Building Foundations for the Future
GENERAL TERMS AND CONDITIONS
Office of Crime Victims Advocacy July 1997
REF: Ordinance 5016
September 15, 1997
TABLE OF CONTENTS
Page
Definitions ........................................................................................................................................ I
Section 1. Audit Requirements ............................................................................................................. I
Section 2. Certification Regarding Debarment, Suspension or Ineligibility ..................................2
Section 3. Conflict of Interest ...............................................................................................................2
Section 4. Contract Modifications ........................................................................................................3
Section 5. Contractor Not Employee, Officer, or Agent or Department .............................................3
Section 6. Disputes ...............................................................................................................................3
Section 7. Documentation and Monitoring ..........................................................................................3
Section 8. Duplication of Costs ......................................................................................................4
Section 9. Governing Law and Venue .................................................................................................4
Section 10. Hold Harmless ...................................................................................................................4
Section 11. Industrial Insurance Coverage ...........................................................................................4
Section 12. Nonassignability ................................................................................................................4
Section 13. Noncompliance with Nondiscrimination Laws ................................................................5
Section 14. Nondiscrimination .............................................................................................................5
Section 15. Non-Supplanting ...............................................................................................................5
Section 16. Ownership of Project Materials ........................................................................................5
Section 17. Political Activities ........................................................................................................5
Section l 8_ Recanture Provisions .........................................................................................................5
Section 19. Reimbursement Provisions ...............................................................................................6
Section 20. Severability ........................................................................................................................6
rtEF: Ordinance 5016
September 15, 1997
Table of Contents
(Continued)
Page
Section 21. Subcontracting ................:..................................................................................................6
Section 22. Termination of Contract ....................................................................................................6
Section 23. Travel and Subsistence Reimbursement ........................................................................:..7
Section 24. Treatment of Assets .....................................................................................................7
Section 25. Waiver of Default ..............................................................................................................7
Section 26. Compliance with Applicable Laws ...................................................................................7
Section 27. Minimum Limits of Insurance ..........................................................................................7
REF: Ordinance 5016
September 15, 1997
GENERAL TERMS AND CONDITIONS
Contract Administered By
Office of Crime Victims Advocacy
Department of Community, Trade and Economic Development
Note: See SPECIFIC TERMS AND CONDITIONS for additional terms that are unique to a
particular program or funding source.
DEFINITIONS
Terms used throughout this Contract are defined below.
"Department' 'means the Department of Community, Trade and Economic Development, or its
successor agency, of the state of Washington, any division, section, office, unit, or other entity of
that Department or any of the officers or other officials lawfully representing the Department.
"Contractor" means that agency, firm, organization, individual or other entity performing
services under this Contract. It shall include any subcontractor retained by the Contractor as
permitted under the terms of this Contract.
"Subcontractor" means an entity whose employees are not in the employment of the Contractor,
and is performing all or part of the services under this Contract through a subcontract with the
Contractor. The terms "subcontractor" and "subcontractors" mean any subrecipient.
SECTION 1. AUDIT REQUIREMENTS
The Contractor is to procure audit services based on the following:
Contractors receiving $25,000 or less in total federal. fiends or $75,000 or less in total state funds in
a fiscal year are exempt from compliance with the Single Audit Act or other audit requirements.
However, records must be available for review by the Department.
Contractors receiving between $25,000 and $100,000 in total federal funds in a fiscal year may
choose to have an audit made in accordance with Office of Management and Budget's (OMB)
Circular A-128, or OMB Circular A-133 in the case of Other Nonprofit organizations, or a program
audit.
Contractors receiving over $75,000 in total state funds in a fiscal year may choose to have a
financial audit as defined by Government Auditing Standards (The Revised Yellow Book), or a
single audit made in accordance with OMB Circular A-128 or A-133.
REF: Ordinance 5016
September 15, 1997
Contractors receiving $100,000 or more in a fiscal year in total federal funds are to have a Single
Audit made in accordance with OMB Circular A-128, or OMB Circular A-133 in the case of Other
Nonprofit Organizations.
As applicable, audits must be performed in accordance with Generally Accepted Accounting
Principles; Government Auditing Standards developed by the Comptroller General, dated 1994; the
OMB Compliance Supplement for Single Audits of State and Local Governments; the Compliance
Supplement for Single Audits of Educational Institutions and Other Nonprofit Organizations; and
all state and federal law and regulations governing the program.
The audit shall be conducted by the Office of the State Auditor if the Contractor is a state and local
government entity, or an independent Certified Public Accountant firm selected by the Contractor,
if the Contractor is not a state or local government entity.
The Contractor must prepare a Schedule of Financial Assistance for federal and state funds that
include: grantor name, program name, federal catalog (CFDA) number, grantor Contract number,
total award amount, beginning balance, current year revenues, current year expenditures and ending
balance.
The Contractor shall maintain its records and accounts in such a way as to facilitate the
Department's audit requirements, and ensure that subcontractors also maintain records which are
auditable. The Contractor is responsible for any audit exceptions incurred by its own organization
or that of its subcontractors. The Contractor is responsible for the disallowed costs of any audits.
The Contractor is responsible for sending the audit report to the Department's Internal Audit
Manager as soon as it is available, but no later than thirteen months after the end of the Contractor's
fiscal year. Responses to previous management findings and disallowed or questioned costs shall be
included with the audit report. The Contractor will respond to-Department requests for information
or corrective action concerning audit issues within thirty (30) days of the date of request.
The Contractor shall include these requirements in any subcontracts.
SECTION 2. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY
If Contractor receives federal funds, the Contractor certifies that neither it nor its principals are
presently debarred, declared ineligible, or voluntarily excluded from participation in transactions
by any federal department or agency.
SECTION 3. CONFLICT OF INTEREST
The Department may, by written notice to the Contractor terminate this Contract if it is found after
due notice and examination by the Director that there is a violation of Chapter 42.52 RCW, Ethics
in Public Service; or any similar statute involving the Contractor in the procurement of, or
performance under, this Contract.
2 REF: Ordinance 5016
September 15, 1997
In the event this Contract is terminated as provided above, the Department shall be entitled to
pursue the same remedies against the Contractor as it could pursue in the event of a breach of the
Contract by the Contractor. The rights and remedies of the Department 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 Director makes any determination under this clause shall be an
issue and may be reviewed as provided in the "Disputes" clause of this Contract.
SECTION 4. CONTRACT MODIFICATIONS
The Department may, at any time, by written notification to the Contractor and without notice to
any known guarantor or surety, make changes within the general scope of the services to be
performed under this Contract. All other modifications shall not be valid unless made in writing
and signed by the parties. Any oral understandings and agreements not incorporated herein, unless
made in writing and signed by the parties hereto, shall not be binding.
SECTION 5. CONTRACTOR NOT EMPLOYEE, OFFICER, OR AGENT OF
DEPARTMENT
The Contractor, its employees, agents, or subcontractors performing under this Contract are not
deemed to be employees, officers, or agents of the Department in any manner whatsoever. The
Contractor will not hold itself out as nor claim to be an agent, officer, or employee of the
Department or make any claim, demand, or application to or for any right or privilege applicable to
an agent, officer, or employee of the Department or of the state of Washington. Each contract
which Contractor enters into with subcontractors, creditors and others shall contain a clause
providing notice that the State and the Department are not responsible for any legal obligation,
financial or otherwise, incurred by the Contractor or subcontractors.
SECTION 6. DISPUTES
Except as otherwise provided in this Contract, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by the Department, a representative appointed by the
Contractor, and a third party mutually agreed upon by both parties. The team shall attempt, by
majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any
action in a judicial or quasi-judicial tribunal.
SECTION 7. DOCUMENTATION AND MONITORING
During the Contract period and following its termination, -the Contractor, and any subcontractors
resulting from this Contract, shall follow accounting procedures and shall maintain books, records,
documents, and other evidence which sufficiently and properly reflect all direct, indirect, and match
costs of any nature expended in the performance of this Contract. The Contractor will retain all
books, records, documents, and other materials relevant to the provision of services under this
3
REF: Ordinance 5016
September 15, 1997
Contract for six (6) years from the date of final payment. The Office of the State Auditor, a
representative of the United States Department of Justice, or any persons duly authorized by the
Department shall have full access to and the right to inspect, excerpt, audit, or examine any of these
materials at all reasonable times for a period of six (6) years.
SECTION 8. DUPLICATION OF COSTS
The Contractor certifies that work to be performed under this Contract does not duplicate any
work to be charged against any other contract, subcontract, or other source.
SECTION 9. GOVERNING LAW AND VENUE
This Contract shall be governed by the laws of the state of Washington. In the event of a lawsuit
involving this Contract, venue shall be proper only in Thurston County. The Contractor by
execution of this Contract, acknowledges the jurisdiction of the courts of the state of Washington in
this matter.
SECTION 10. HOLD HARMLESS
The Contractor agrees to defend, protect and hold harmless and indemnify the state of Washington
and the Department, their officers, agents, employees and assigns from and against any and all
damages, audit exceptions, claims for damage suits, costs and liability resulting or allegedly
resulting from the acts or omissions of the Contractor, its employees, agents or subcontractors.
The Contractor agrees to and shall indemnify and hold harmless the Department, and its employees
and/or agents, from any suit at law or equity or claim or demand, and from any loss or cost of any
nature including reasonable attorney fees, from any failure of the Contractor to fulfill any of its
obligations under this agreement.
SECTION 11. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall provide or purchase industrial insurance coverage prior to performing work
under this Contract. The Department will not be responsible for payment of industrial insurance
premiums or for any other claim or benefit for this Contractor, or any subcontractor or employee of
the Contractor, which might arise under the industrial insurance laws during performance of duties
and services under this Contract. If the Department of Labor and Industries, upon audit, determines
that industrial insurance payments are due and owing as a result of work performed under this
Contract, those payments shall be made by the Contractor; the Contractor shall indemnify the
Department and guarantee payments of such amounts.
SECTION 12. NONASSIGNABILTTY
Neither this Contract nor any claim arising under this Contract shall be transferred or assigned by
the Contractor.
4 REF: Ordinance 5016
September 15, 1997
SECTION 13. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
In the event of the Contractor's noncompliance or refusal to comply with any nondiscrimination
law, regulation, or policy, this Contract may be rescinded, canceled or terminated in whole or in
part, and the Contractor may be declared ineligible for further contracts with the Department. The
Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any
dispute may be resolved in accordance with the "Disputes" procedure set forth herein.
SECTION 14. NONDISCRIMINATION
During the performance of this Contract, the Contractor shall comply with all federal and state
nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law
Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
SECTION 15. NON-SUPPLANTING
The Contractor shall not use any federal funds to supplant local, state, or other federal funds. The
Contractor shall not use these funds to replace funding which would otherwise be made available to
the Contractor had this funding not been provided.
SECTION 16 OWNERSHIP OF PROJECT MATERIALS
All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films,
duplicating plates, computer disks and reports prepared by the Contractor under this Contract shall
be for the common use of both the Contractor and the Department. The Department may duplicate,
use, and disclose in any manner and for any purpose whatsoever, all materials prepared under this
Contract.
The Contractor may copyright original books, manuals, films, or other patentable or copyrightable
materials, created in whole or part with funds received under this Contract to the extent such
copyright is not inconsistent with state public records law (Chapter 42.17 RCW). Materials
produced with grant funds must be distributed at no cost to recipients.
SECTION 17. POLITICAL ACTIVITIES
The Contractor shall certify that no funds payable under this Contract will be paid by or on
behalf of the Contractor to pay any person for influencing or attempting to influence an officer or
employee of any agency, Member of Congress, an officer or employee of Congress, or any
employee of Member of Congress in connection with the awarding of any federal or state
Contract, grant, loan, or cooperative agreement.
SECTION 18 RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this Contract in accordance with state
laws and/or the provisions of this Contract, the Department reserves the right to recapture funds in
5 REF: ORDINANCE No. 5016
September 15, 1997
an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a
period not to exceed six (6) years following Contract termination. Repayment by the Contractor of
funds under this recapture provision shall occur within thirty (30) days of demand. In the event that
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs thereof, including reasonable attorney's fees.
SECTION 19. REIMBURSEMENT PROVISIONS
Funds will be disbursed on a reimbursement basis only to the Contractor by the Department for the
costs incurred for work performed during the reporting period.
In order to obtain reimbursement, the Contractor shall submit, at least quarterly and no more often
than monthly, an invoice voucher on a form provided by the Department, which identifies the costs
incurred for work performed since the previous voucher was submitted.
Within twenty (20) days after receiving and approving the voucher, the Department shall remit to
the Contractor a warrant covering the Department's share of the costs incurred for work performed
during the reporting period.
The final invoice covering costs incurred for work performed must be submitted by the Contractor
within ten days of the termination of the contract period to allow the Department sufficient time for
processing it.
SECTION 20. SEVERABILITY
In the event any term or condition of this Contract or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or application
of this Contract which can be given effect without the invalid term, condition, or application. To
this end, the temps and conditions of this Contract are declared severable.
SECTION 21. SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this Contract without obtaining prior written approval of the Department after
the, original Contract award.
Any subcontract for any of the work under this Contract shall incorporate all the terms and
conditions of this Contract.
SECTION 22. TERMINATION OF CONTRACT
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Contract or if the Contractor shall violate any of its covenants, agreements, or
stipulations; the Department shall thereupon have the right to terminate this Contract and withhold
6 REF: ORDINANCE No. 5016
September 15, 1997
the balance of funds if such default or violation is not corrected within twenty (20) days after the
Department submits written notice to the Contractor describing such default or violation.
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.
Reimbursement for Contractor work performed, and not otherwise paid for by the Department prior
to the effective date of such termination, shall be as the Department reasonably determines.
In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in
any way after the effective date of this Contract and prior to normal completion, the Department
may unilaterally terminate this Contract, or may reduce its scope of work and budget.
SECTION 23. TRAVEL AND SUBSISTENCE REIMBURSEMENT
Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by
the Contractor in the course of normal operations. In the absence of local provisions, per diem rates
and travel allowances shall be paid in accordance with rates set for state employees pursuant to
RCW 43.02.050 and RCW 43.03.060 as now existing or hereafter amended.
SECTION 24. TREATMENT OF ASSETS
All purchases of equipment with a useful life of more than one year and an acquisition cost of
$5,000 or more per unit, require approval by the Department.
SECTION 25. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of
breach of any provision of the Contract shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the agreement
unless stated to be such in writing, signed by the Director of the Department, and attached to the
original Contract.
SECTION 26. COMPLIANCE WITH APPLICABLE LAWS
The Contractor and all subcontractors are required to comply with all applicable local, state, and
federal laws and regulations. Breach of this provision shall be grounds for termination of this
contract.
SECTION 27. NEMMUM LEMTS OF INSURANCE
Public Liability Insurance - The Contractor shall at all times during the term of this Agreement, at
its cost and expense, carry and maintain general public liability insurance, including contractual
liability, against claims for bodily injury, personal injury, death or property damage occurring or
7 REF: ORDINANCE No. 5016
September 15, 1997
arising out of services provided under this Agreement. This insurance shall cover such claims as
may be caused by any act, omission, or negligence of the Contractor or its officers, agents,
representatives, assigns or servants. The limits of liability insurance, which may be increased from
time to time as deemed necessary by the State, with the approval of the Contractor (which shall not
be unreasonably withheld), shall not be less than $1,000,000 combined single limits.
Automobile Liability Insurance - In the event that services delivered pursuant to this contract
involve the use of vehicles or the transportation of clients, automobile liability insurance shall be
required. If Contractor-owned personal vehicles are used, a Business Automobile Policy covering
at a minimum Code 2 "owned autos only" must be secured. If Contractor employee's vehicles are
used, the Contractor must also include under the Business Automobile Policy Code 9, coverage for
"non-owned autos". The minimum limits for automobile liability is:
$1,000,000 Per Occurrence, using a Combined Single Limit for bodily
injury and property damage.
Professional Liability. Errors and Omissions Insurance - In the event that services delivered
pursuant to an agreement, either directly or indirectly, involve or require providing professional
services, Professional Liability Errors and Omissions Insurance shall be required. "Professional
Services," for purposes of this contract section, shall mean any services provided by a physician,
psychologist, architect, or other licensed professional. The Contractor shall maintain minimum
limits no less than$1,000,000 per occurrence.
Additional Insured - The State of Washington shall be specifically named as an additional insured
on all policies, and all policies shall be primary to any other valid and collectable insurance. At its
option, the State may waive this requirement where insurance carriers will not under any
circumstances extend secondary insured coverage for physicians' professional liability, or
Architects' and Engineers' insurance. The State may also waive this requirement where insurance
carriers will not under any circumstances extend secondary fidelity bonding coverage for private
nonprofit organizations.
APPROVED AS TO FORM:
Noel R. Treat
Assistant Attorney General
Date: June 1 6,1997
8 REF: ORDINANCE No. 5016
September 15, 1997
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