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HomeMy WebLinkAboutR-2025-100 Resolution authorizing an agreement with the Washington Traffic Safety Commission to provide funding for a dedicated DUI officer positionA RESOLUTION RESOLUTION NO. R-2025-100 authorizing an agreement with Washington Traffic Safety Commission to provide pass -through funding from the US Department of Transportation to fund a police officer position for impaired driving patrol. WHEREAS, the City considers public safety to be an essential obligation and one of its highest priorities; and WHEREAS, it is well established that issues such as impaired driving contribute significantly to fatalities and injuries on public roadways; and WHEREAS, the Yakima Police Department has seen a steady increase in the number of impaired drivers for the last four years, and WHEREAS, the Washington Traffic Safety Commission (WTSC) has funds available to reimburse law enforcement agencies for dedicated impaired/distracted driving issues; and WHEREAS, the Yakima Police Department has personnel qualified to detect and take enforcement actions in conjunction with the WTSC; and WHEREAS, the Washington Traffic Safety Commission will reimburse the City for a dedicated officer's wages (up to $165,465); and WHEREAS, the City Council has determined that it is in the best interest of the City to promote enhanced traffic safety within the City by entering the attached and incorporated Interlocal Agreement with the Washington Traffic Safety Commission: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached and incorporated Interagency Agreement Between Yakima Police Department and Washington Traffic Safety Commission to provide funds to conduct specific traffic safety emphasis patrols within the City. ADOPTED BY THE CITY COUNCIL this 17th day of June, 2025, ATTEST: Rosaiinda Ibarra, City Clerk WEMS INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Yakima 2026-ST-5689-Dedicated DUI Enforcement (Proviso) - Yakima Police Department THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and City of Yakima, hereinafter referred to as ''SUB - RECIPIENT." NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof. the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding for traffic safety grant project 2026-ST-5689- Dedicated DUI Enforcement (Proviso) - Yakima Police Department, 2. PERIOD OF PERFORMANCE The period of performance of this Contract shall commence upon the date of execution by both Parties or July 01„ 2025,.whichever is later, and remain in effect until June 30, 2026, unless terminated sooner, as provided herein, 3. STATEMENT OF WORK page 1 of 16 The SUB -RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW), If the SUB -RECIPIENT is unable to fulfill the SOW in any mariner on this project, the SUB -RECIPIENT must contact the VVTSC Program Manager immediately and discuss a potential amendment, All State regulations will apply. 3.1 SCOPE OF WORK 3,1.1 Problem ID and/or Opportunity From 2019 to 2023, traffic fatalities in Washington State have increased 50% from 538 to 810. The 810 fatalities in 2023 represent a 30-year high in traffic deaths. On average, half of these fatal crashes (49%) involved an impaired driver. From 2019-2023, the number of impaired drivers involved in fatal crashes has increased 43% from 258 to 369. In Yakima, there was a 121 %© increase in the fatal crash rate when comparing the two-year average in 2020-2021 to the four-year average of 2016-2019, In 2022,, there were 50 combined serious injury and fatal collisions, Sixty-three percent of the fatal collisions in 2022.involved an alcohol or drug -impaired driver. From 2622-2024, there were 136 fatal crashes in Yakima County. 54% of these fatalities involved an impaired driver. When compared to a 50% rate of impaired drivers involved in fatal crashes statewide, Yakima is an outlier with regards to impaired driving -related fatal crashes. Beyond the devastating toll of fatal crashes, injury crashes due to impaired driving also have devastating consequences on individuals, families, and communities. Statewide in 2024, there were 1,488 suspected minor and serious injury crashes that involved an alcohol -impaired driver alone (data is not available on the number of drug -impaired injury crashes). 3,1.2 Project Purpose and Strategies The purpose of this project is to address an increase in serious injury and fatal collisions related to alcohol and drug impairment. This project will accomplish this by providing funding to support approximately 2080 hours of officer activities to conduct dedicated DUI enforcement during the grant period. 3,2 PROJECT GOALS 1) Conduct sustained DUI enforcement at least 5 dayslnights per week to reduce impaired driving crashes by 10%, by June 30th, 2026. 3,2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by the designated contacts of the SUB -RECIPIENT and WTSC, and may be updated pursuant to clause 6 of page 2 of 16 this AGREEMENT. For the purposes of this section only, the parties' DESIGNATED CONTACTS, as listed in clause 32, are authorized to execute these amendments to Appendix A. 3.3. COMPENSATION 3.3,1 The cost of accomplishing the work described in the SOW will not exceed $165 465.00, for the entire period of performance, as allocated to each year of this agreement in Section 3,4 PROJECT COSTS. Unspent contract funds from each year do NOT carry over into subsequent years and each year's budget is independent of the others. 3,3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties, 3,3.3 After the first year; continuation is subject to funding availability, agreement on future objectives and measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC), as set forth in the SOW. 3.3.4 If the SUB -RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in accordance with WTSC policies, and an approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the indirect rate increase from other budget categories so that the total budget does not increase. The total budget may not increase without an amendment to this agreement executed by both parties. 3,3,5 WTSC will only reimburse the SUB -RECIPIENT for travel related expenses for travel defined in the scope of work and budget or for which approval was expressly granted. The SUB -RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and for all travel outside of the continental United States. 3,3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB - RECIPIENT, If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC makes travel arrangements on behalf of the SUB -RECIPIENT, state travel policies must also be followed. Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this website: https://www.ofm.wa.gov/sites/default/files!public/legacy/policy/1©.htm, If for any reason, this information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If following state travel policies, the SUB -RECIPIENT must provide appropriate documentation (receipts) to support reimbursement requests, including the A-40 Travel Authorization form if required, 3.3.7 All equipment purchased with this grant must be inventoried by the SUB -RECIPIENT. Te SUB - page 3 of 16 RECIPIENT agrees to maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each year when requested, 3.3.8 Equipment is defined as any asset with a useful life greater than one year AND a unit cost of $1 0,000 or greater, and small and attractive assets, Small and attractive assets are the following if they a unit cost of $300 or more: • Laptops and Notebook Computers • Tablets and Smart phones Small and attractive assets also include the following if they have a unit cost of $1,000 or more; • Optical Devices, Binoculars„ Telescopes, Infrared Viewers, and Rangefinders • Cameras and Photographic Projection Equipment • Desktop Computers (PCs) • Television Sets. DVD Players, Blu-ray Players and Video Cameras (home type) 3.4. PROJECT COSTS The costs for the work under the SOW to be provided by the SUB -RECIPIENT are as follows; Year 1: $165.465.00 APPLICABLE STATE TERMS AND CONDITIONS; 4. ACTIVITY REPORTS The SUB -RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre -approved by WTSC. The SUB- RECIPIENT will include copies of publications, training reports, advertising, social media posts, meeting agendas, and any statistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED page 4 of 16 No payments in advance of ar in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC, 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto, 8. SUBCONTRACTING REQUIREMENTS The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld, The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW, Such third -party contracts and agreements must follow applicable state and local law, including but not limited to procurement law, rules, and procedures. 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs, 10. BILLING PROCEDURE The SUB -RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if approved by WTSC, Payment to the SUB - RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than August 10 of the same calendar year, All invoices for goods received or services performed between July 1 and September 30, must be received by WTSC no later than November 10 of the same calendar year. WTSC reserves the right to delay the processing of invoices until activity reports required by Section 4 of this agreement, are received and approved. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information page 5 of 16 which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law, 12. COST PRINCIPLES Costs incurred under this Agreement shall be governed by the laws of the State of Washington. 13. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision, 14,2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 14.3. in the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County. Washington 15. GOVERNANCE 15,1, This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1, Applicable federal and state statutes and rules 15.2.2, Terms and Conditions of this Agreement 15,2,3, Any Amendment executed under this Agreement page 6 of 16 15,2,4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorp©rated by reference 16. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB- RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors, Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4,24,115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB -RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3, The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE page 7 of 16 19,1. The SUB -RECIPIENT shall comply with the pr required by law. ons of Title 51 RCW, Industrial Insurance, if 19,2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB - RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC and the Office of the State Auditor. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2, Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB - page 8 of 16 RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1, WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product') pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23,2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE"` clause, without the 30 day notice requirement.. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared page 9 of 16 to be severable. 26. SITE SECURITY While on WTSC premises; the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT, 28. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or failure, In the event that the SUB - RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30,1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB - RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30,2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the page 10 of 16 SUB -RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 3©.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement, 30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub -contractors. 31. STATE NONDISCRIMINATION 31.1 Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. 31.2 Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with. any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). 31.3 Default. Notwithstanding any provision to the contrary, WTSC may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3), Any such suspension will remain in place until WTSC receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3),, WTSC may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. The Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court -ordered injunctive relief or settlement agreement. 31.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, page 11 of 16 RCW. WTSC shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe WTSC for default under this provision,. 32. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. 33. DESIGNATED CONTACTS The following named individuals wiII serve as designated contacts for each of the parties for all communications notices, and reimbursements regarding this Agreement: The Contact for the SUB -RECIPIENT is: The Contact for WTSC is: Ira Cavin Anthony Bledsoe ira.cavin@yakimawa.gov abledsoe@wtsc.wagov 509-728-6895 360-725-9860 ext. 34. AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Yakim Signature Cfi'Y CONTRACT ? RESOLUTION NO. page 12 of 16 Printed Name Date CITY CONTRACT N ��i77` 202 - o3 , RESOLUTION NO; r"' 1-*'H b WASHINGTON TRAFFIC SAFETY COMMISSION Signature Pam Pannkuk Printed Name Deputy Director Title ©6-26-2©25 Date page 13 of 16 APPENDIX A Project Costs Year 1 BUDGET CATEGORY DESCRIPTION DIRECT Indirect Cost Indirect Total AMOUNT Rate Amount Budget Employee salaries and benefits $165,465,00 0% $0,00 $165,465.00 Travel $0.00 0% $0.00 $0.00 Contract Services $0.00 4%0 $0,00 $0.00 Goods and Services $0,00 0% $OEOO $0.00 Equipment $0,00 0% $0,00 $0.00 TOTAL $165,465.00 $0.00 $165,465,00 Note: The funding for this project comes through a proviso from the Washington State Legislature, Moreover, the allocation of grants in future years will depend on the availability of funds and the performance of sub - recipients. Officer activities: $165,465 This project will provide funding to support approximately 2080 hours of officer activities to conduct dedicated DUI enforcement. These funds may only be used to pay for the hourly cost and proportional amounts of fringe benefits of the commissioned staff pursuing the activities outlined in the scope of work. The funds may not be used for any work required to maintain a law enforcement commission including recertification trainings like firearm qualification, Any costs not listed in the budget narrative must be pre -approved by the WTSC Program Manager prior to purchase, Important Notes: 1. Indirect cost rates are subject to change based an updated Indirect Rate Letters from a cognizant federal agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by page 14 of 16 deducting the amount of the indirect rate increase from other budget categories so that the total budget does not increase. 2. The total annual budget may not increase without a written amendment to this agreement executed by both parties. 3. Adjustments between budget categories within the same year can be made upon mutual agreement of the contact for WTSC and the contact for the SUB -RECIPIENT. Objectives and Measures Goal 1 - Conduct sustained DUI enforcement at least 5 days/nights per week to reduce impaired driving crashes by 1O%, by June 30th, 2O26. Objective Increase the number of DUI arrests by conducting dedicated DUI enforcement 5 days/nights per week, Reduce serious and fatal injury crashes. Create and implement an enforcement plan using data to direct patrol efforts. Review and report individual officer activities, such as day/time of patrols, number of DUI rrests, etc. Objective Details Increased enforcement should result in an increase in DUI -related arrests during the grant period. Increased enforcement should result in a decrease in the number of serious injury or fatal crashes during the grant period. Use SECTOR, RMS, and WTSC Dashboards. This will be done by YPD Data Analytics Unit. Completion Date 06/30/2026 06/30/2026 06/30/2026 WiII be used to complete WTSC-required quarterly reports and annual final report. Monitoring and review of Officer activity will be conducted by the Lt. and Capt. (WEMS, RMS). 06/30/2026 Grant activities conducted by officers will be reported to WTSC using WEMS long-term activity logs. Measure Reporting Type Target. page 15 of 16 Percentage increase in DUI arrests percentage reduction in serious injury and fatal crashes Report officer activities on a quarterly basis using long term activity logs in WEMS Number of hours of DUI patrol per month Frequency Quarterly Process 10 Quarterly Process 10 Quarterly Process 4 Quarterly Process 160 page 16 of 16 Item No. 7.H. For Meeting of: June 17, 2025 ITEM TITLE:Resolution authorizing an agreement with the Washington Traffic Safety Commission to provide funding for a dedicated DUI officer position (No Budgetary Impact) SUBMITTED BY:*Lieutenant Ira Cavin, Yakima Police Department BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT SUMMARY EXPLANATION: This resolution authorizes an agreement between the City of Yakima Police Department and the Washington Traffic Safety Commission to provide pass-through funding from the US Department of Transportation. This will fund a police officer position for impaired driving patrol and community education. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution State IAA-2026-ST-5689-Dedicated DUI Enforcement (Proviso) - Yakima .pdf