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HomeMy WebLinkAbout10/06/2020 04I Interlocal Agreement with Washington Traffic Safety Commission for Law Enforcement Liason a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.1. For Meeting of: October 6, 2020 ITEM TITLE: Resolution authorizing the Chief of Police of the City of Yakima to execute an I nterlocal Agreement with the Washington Traffic Safety Commission for funding a law enforcement liaison SUBMITTED BY: Matthew Murray, Chief of Police SUMMARY EXPLANATION: The Washington Traffic Safety Commission provides funding for the Law Enforcement Liaison program which provides an opportunity for the Yakima Police Department to work with state and local organizations in developing and implementing statewide initiatives focused on traffic safety education and law enforcement. The Washington Traffic Safety Commission will provide funds not to exceed $3,000 to assist in providing a Law Enforcement Liaison to collaborate with local jurisdictions in promoting Target Zero priorities. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D rasa 9/2 /2020 r Me o f M�IJ 9/2 /2020 retract 2 RESOLUTION NO. R-2020- A RESOLUTION authorizing an Interlocal Agreement with the Washington Traffic Safety Commission for funding a Law Enforcement Liaison. WHEREAS, the Law Enforcement Liaison program provides an opportunity to work with state and local organizations to develop and implement statewide initiatives focusing on traffic safety education and law enforcement; and WHEREAS, the Washington Traffic Safety Commission will provide the funds not to exceed $3,000 to assist in providing a Law Enforcement Liaison to collaborate with local jurisdictions in promoting Target Zero, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Chief of Police of the City of Yakima is hereby authorized and directed to sign the attached and incorporated Interagency Agreement between the Washington Traffic Safety Commission and the Yakima Police Department. ADOPTED BY THE CITY COUNCIL this 6'h day of October, 2020. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk INTERAGENCY AGREEMENT BF NM£N THE Washington Traffic Safety Commission AND Yakiina Police Department P i IC p`-tic pl i meaten enlere( Mu by ar el nlM1e of-•hi,,q1un1rai c Ll C pop s rr.erertayf raerreu , e. a .: c ant kirra u t D Pd W I hweinare, ree!!em p RECPlEri1' w . l‘z in Inns rive rl pen aunarm- raa dh rp ,r aaaman an0 rn ra --II rra PP a .ol me Pa l al v agree -s'n rtWe 1 PURPOSE OF THE AGREEMENT: -Y purpose oit ,i erel lu pm% d fun r pbvide!iyl V i 11esD rens. rrleliu EDO1) rr IHi . e Iy vmin isl.' I rr (N F. ) e..i ell owed Lin er 1 en. tar_ l a[el nd H ere orrelle - . ece (CFOA ! L ] Frremic lapel r project ➢1-aik rr . .e}itri ppVa'kme L PERIOD Of PERFORMANCE - Cufp-h iman n1 -.gr.eeme p shAl ..nce uconthe n p reie oilier : both ' a on notee ierman otlhe'l, Wzg, annexeffect ou1 mno g mi unl . e na on-i a-pv id. dherein. a STATEMENT OF WORK he UP h.( 11 1sn llca en llhep yisinl hemflesai l r ' Hnesvked he e n e erdorWnk )0W/). Ipe UP dI ( li 1 . akel 'u I II PA 0 rnFY p IP ir he JWJCII 1 1,ntct N"L 3 ra"sager mme a h i.: .m r e al ame l ml Ill ederal a h Y=Jer o g iaappy� ..1 SCOPE 6F WORK Problem StdemtR hp I aw 1Trm ia snn nrnq am nrivi en d the OfI inwork Ih Iel and 1 cal onan ?arm sun e Ope mp-rr pal wi P in I awes ng -diirinn i ilW - en F. Ther sang nnl cl r a mue Ion eme l s <har.lo -eln'er helper rip-raint r aches „a me Pva-hi dim ilare l amt ;a•ey Pagel mw Commission's KNT8C) mission cf building partnerships to save lives and prevent injuries on our roadways for the health, safety, and benefit of our communities. The LEL program provides the conduit to make those connections while helping the v)V7SC and local coordinators implement agency strategies. Project Goals: This project aims to build support of traffic safety within the local law enforcement community and be the bridge between the Target Zero Manager and law enforcement, in order to increase traffic safety culture and reduce crashes. Project Strategies: The SUB-RECIPIENT will appoint a commissioned officer to serve in the role of Law Enforcement Liaison (LEL)for the local VVTSO region. This LEL will use their role as a respected law enforcement official to build support of traffic safety within the regional law enforcement community. Project Objectives: 1 Support local Target Zero Managers (TZM) in planning and executing High Visibility Enforcement(HVE) campaigns. Support and assist TZM's in holding regional planning meetings for your HVE events and make an effort to be at all task force meetings. 2 Solicit agencies<n participate in the;VTSCHVEmobilizations J Promote proven traffic safety countermeasures and enforcement strategies. 4 Increase officer commitment and effectiveness during the VVTSC HVE mobilizations and other Target Zero enforcement activities. VVTSC expects that the LEL will actively engage in the HVE events in their region. 5, Provide earned media support during VV­SC High Visibility Enforcement mobilizations and other traffic safety media in<c/cxin. 6, Promote training in local region for law enforcement participants. (^ebino/n, Below 100. SECTOR DUI, AR|DE. DRE. traffic safety classes, etc) 7, Increase law enforcement officers understanding of strategies for HVE campaigns, including participation requirements, activity logs, expected results and outcomes, and related communications activities. 8, Assist the Vvashington Traffic Safety Commission (VVTSC) by providing the law enforcement perspective as we develop plans for local and statewide traffic safety programs. Have a good working knowledge of the VVTSC Strategic Highway Safety Plan. Q, Communicate via email, telephone, and in person contact with the VVFSC Statewide LEL. The partnership between the region UEL and the VVTSC Statewide LEL will enhance the support for the TZM, and promote further collaboration concerning VVT8CHVE mobilizations and other Target Zero activities. 10� Create and maintain an up to date point of contact list for each law enforcement agency in your region. This list should be used tn disseminate pertinent documents and HVEinformation. 11L Participate in VVrSC-sponsored or approved professional development conferences or training, and attend semi-annual TZMILEL meeting or other development training as assigned or upon approval. (Summary of the event may be requested byV\K8C) Project Performance Measures: page 2nf14 WTSC wi I I ask the Regional TZM to provide a performance review at the end of the year. 32 MILESTONES AND DELIVERABLES Milestone OR Deliverable Description Completed Date Attend Traffic Safety Conference Spokane, VVA 07/51/2021 Attend FEY 2021TZN1/LELmeeting 08/30/2021 Support the coordination of High Visibility Enforcement events (saturation patrols, dedications, Home Safe Bar, party 09/30/2821 intervention patrols, DUI warrant roundups, etc) Conduct community outreach (meetings, media, work with other LE agencies, etc) 09/50/2021 23C0N1PENRAT|0N 3.3.1. Compensation forthe work provided in accordance with this Agreement has been established underthe terms of ROW 39.34. The cost of accomplishing the workdescribed in the SOVVwill not exceed $3,000.00. 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 hy both parties. 33,2, If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in accordance with WTSC policies, and a federal ly-approved cost allocation plan may be required to be submitted to the WTSC before any performance io conducted under this Agreement. 3.3.3 The SUB-RECIPIENT must submit a travel authorization form (A-40)to request approval for any travel not defined in the scope of work and for all travel outside of the continental United States. State travel policies (SAAM Chapter 10) would apply. 33A� If WTSC makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must be followed. See Washington State Administrative &Accounting Manual (SAAM) Chapter 10. 3.3.5. WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-RECIPIENT. If no written policy exists, state travel policies (SAAKA Chapter 10) apply. 3.3.6. 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 provide appropriate documentation (receipts) to support reimbursement requests, including the A-40 Travel Authorization form if required. 34 SUMMARY OF PROJECT COSTS SUMMARY OF COSTS AMOUNT Employee salaries and benefits $000 Travel $2.00800 Contract Services %080 page 3of14 Equipment (listed in the table below) $0,00 s Goods nr other expenses $1,000.00 Indirect Costs $0,00 TOTAL 33.000�00 ;VTSC will reimburse SUB-RECIPIENT for designated LEL's work nn follows � 1 Hou/owo/kedoemingaovVTSC'oLEL-0traighttimeoanbe /eimbu/oedattheoffiuer'ohouAyratep|uoAGENCY'o contributions to employee benefits including FICA, Medicare, Worker's Compensation, and Unemployment. Reimbursement for overtime will be paid at the rate of not more than 1.5 times the officer's hourly rate plus AGENCY's contributions to employee benefits including FICA, Medicare, Worker's Compensation, and unemployment. A description cf the activity must be documented on the/+1S, 2� Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by VVFSC. J, |[the SUB-RECIPIENT requests<n spend funds outside the budgeted category, prior approval is required. The SUB- RECIPIENT shnu|d |et<he;VTSCP/ngrnmk1nnogz/ knw^\heyopcin\eres\zdinnpcnding [undninndiffepcn\ontegn/y and written approval will be provided, no cost adjustment necessary. 4� VV­SC will reimburse travel expenses to VVrSC-requested meetings or training. This will occur outside of the LEL support services budget. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS � 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit progress reports on the activity nf this project in the form provided by the V\TSC using the \A/TSC Enterprise Management System (VVFMS) Progress Reporting process or other alternate means pre-approved by VV­SC. The SUB-RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the reports. The final report will he submitted to\NT0C within 30 days of termination o[this Agreement. vVTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the VVFSC O. 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. &53|GNK1GNT page 4nf14 The SUB-RECIP I ENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the VV­SC, which consent she I I not be unreasonably withheld. The SUB-RECIP I ENT she I I provide the VVFSO a copy of all thim-paFty contracts and agreements entered into for purposes of fulfilling the SOW Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. A7TORNGYS' FGES 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. iO. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as VV­SC shall require. All invoices for reimbursement shall be submitted through the VVEMS invoicing process, or via alternate method if approved by VVTSC. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by VVTSC within 30 days of receipt of such properly documented invoices acceptable to VVTSC. 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, 2021, must be received by\A/TSC no later than August 10, 2021 All invoices for goods received or services performed between July 1, 2021, and September 30, 2021. must he received byvVT0Cno later than November 15. 2021 V\T8C reserves the right to delay the processing of invoices until activity reports required by Section 4 of this agreement, are received and approved. 11. CONF|DENT|&UTY/SAFGGU&RD|NG OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the VVFSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent nf the;VTSC. n/ os may bz required hylaw. i2. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 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 federal financial assistance for this Agreement. The VVTSC shall have the right, inthe event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. D|3PVTGS 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 VVTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date cf the SUB-RECIPIENT's receipt of VVTSC's written decision, the SUB-RECIP IENT furnishes a written appeal to the VVTSC 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 hy the decision. 142 Performance During Dispute. Unless otherwise directed hyVVTGC, the SUB-RECIPIENT shall continue performance under this Agreement while matters io dispute are being resolved. page 5nf14 15. GOVGRNANCE 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. 152. 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 ordec 1521 Applicable federal and state statutes and rules 15.22. Terms and Conditions n[this Agreement 152.1 Any Amendment executed under this Agreement 15.2A. Any SCkV executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference i8. |NCOME Any income earned by the SUB-RECIPIENT from the conduct(f the 8OVV(e.O.. sale of publications, registration fees, ur service charges) must Ueaccounted for, reported toYVT8C. and that income must be applied tn project purposes or used k) reduce project costs, 17. |@DEMN|F|CAT|O@ 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the\AFFSC, 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 VyTSC arising out of or in connection vmth this Agreement and/or the SUB-RECIPIENT's performance orfailure to perform any aspect of the Agreement. This indemnity provision applies to all claims against VVFSC, 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 VV­SC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the VVTSC, its officers, employees ur agents, and provided further that ii such claims result from the concurrent negligence of(a)the SUB- RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b)the\A/TSC, its officers, employees, or agents, or involves those actions covered by RCVV 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 waives its immunity under Title 51 RCVV to the extent it is required to indemnify, defend, and hold harmless the V\T8C. its officers, employees, oragents. 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 tobeemployees 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 18,1 The SUB-RECIPIENT shall comply with the provisions of Title 51RCVK Industrial Insurance, if required bylaw. 192 If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCVV, prior to the start of any page 0nf14 performance of work under this Agreement, the SUB-RECIPIENT shall provide VVTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial propeny liability insurance), as determined appropriate UyYVTSC which protects the SUB-RECIPIENT and YVT8C from risks associated with executing the SOVV associated with this Agreement. 2O. LICENSING,ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessaryforthe 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\n inspection, review, n/audit hy authorized personnel n[the VVFSC, the Office of the State Auditor, and federal officials so authorized by law. 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, federal auditors, the VVISC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 212 Records and other documents, in any medium, furnished by one party tn this Agreement tn the other party, will remain the property of the furnishing party, unless otherivise 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 OFINSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the VVTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, 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 VVTSC 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 (H IPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of VVashington State law. The SUB-RECIPIENT shall upon request make available to the VVT8Cand the United States Secretary of the Department oi Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained o/ used aoa result of this Agreement. 23. RIGHTS |NDATA 23,1. VV­SC and SUB-RECIPIENT agree that all data and work products (collectively called Work Product") pursuant to this Agreementoha|| beuonoidered\Yorkomadefo/ hireunde/theUSCopy/ightAot. 17USC §101etoeq . andoha|| heow'nedby 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. page/ nf14 232 |f for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB- RECIPIENT aooi0noaod\raoofomtoVVTGC the entire right, title, and interest in and to all rights in the Work Product nul any registrations and copyright applications relating thereto and any renewals and extensions thereof. 233, The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the \A/TSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the VV­SC. Any discovery or invention derived from work performed under this project shall be referred to the VVFSC, who will determine through NHTSA vAether patent protections will be sought, how any rights will be administered, and other actions required\n protect the public interest. 24. SAVINGS In the event funding from state, federal, n/other sources is withdrawn, reduced, n/ limited in any way after the effective date n[ this Agreement and prior to completion of the SOV'v under this Agreement, the VVFSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE"clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the VVISC's discretion under any new funding limitations or conditions. 25. 3EVERAB|L|TY |f any provision cf 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 tohoseverable. 26. SITE SECURITY While on VVFSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all VV­SC: physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, o/ other such expenses for the SUB- RECIPIENT orito «LaMohaUhetheoo|e /eoponoibi|ityof 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 VVFSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the VV­SC's discretion, the SUB-RECIPIENT may be given 15 days to correct the violation n/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 VVISC. 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. |t this Agreement ison terminated, the V\K8C shall be liableonly for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. JO. TREATMENT OFASSETS 301 Title to all property furnished hy the VVFSC shall remain property of the yVTSC Title to all property furnished hy the SUB- RECIPIENT h)rthecootofwhiohthoSU8-REC|P|ENTioenti\|edtohoreimhuroedasadirectitemofcootuoderthioA0reement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of page 8nf14 which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WISC upon (i) issuance for use of such property in the performance of this Agreement, or(ii) commencement of use of such property in the perfommance of this Agreement, or(iii) reimbursement of the cost thereof by the\A/TSC in whole or in part, whichever first occurs. 30.2. Any property of the VVTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the VV­SC. ho used only for the performance of this Agreement. 303, The SUB-RECIPIENT shall be responsible for any loss or damage to property of the \A/TSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the 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 VVTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the VVTSC all property of the\A/TSC upon completion, termination, or cancellation of this Agreement. 306 All reference to the SUB-RECIPIENT under this clause shall also include SU8-REC|P|ENT'o employees, agents, o/sub- contractors. 81.VV4|VER A failure hy either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise o[ such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A)� J2. BUY A8GR]C&ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U�S,C 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the VVTSC must submit a waiver request that provides an adequate basis and justification, and which io approved hy the Secretary ofTransportation. J3. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33,1. By signing this Agreement, the SUB-RECIP IENT (hereinafter in this section referred tnao the "lower tier participant") in providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 332. The certification in this section ioa material representation (f fact upon which reliance was placed when this transaction was entered into. |fi\io later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. page 9nf14 33.3. The lower tier participant shall provide immediate written notice to the VVTSC it at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 12 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of2CFR part 18O. 3J,5, The lower tier participant agrees hy signing this Agreement that i\shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NIFTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33,7, A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List cf parties Excluded from Federal Procurement and Non-procurement Programs. 33,8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good taith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. JJ.S. Except for transactions authorized under paragraph 3J.5. oi these instructions, ita participant inacovered transaction knowingly enters into a lower tier covered transaction with a person who in proposed for debarment under 4UCFR part S. suhpart9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, o/take other remedies aoappropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 3J,1O, The lower tier participant certifies, hy signing this Agreement, that neither k nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department o/agency. 3311, Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 84. THE DRUG-FREE WORKPLACE ACT OF1A8V(41U.S.C. 81O3) 34,1 The SUB-RECIPIENT shall � 34,1,1, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. page 10 of 14 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the 13 SUB-RECIPIENT's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs. and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make i<n requirement that each employee engaged in the performance n[the grant be given o copy n[the statement required hy paragraph 34.11n[this section. 34.14. Notify the employee inthe statement required by paragraph 34,1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the VVTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted� take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 3416 Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 85. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide VVTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received S25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 1S(o) nr15(d) nf the Securities Exchange Act n[1934n/section 0104n[the Internal Revenue Code nf1900 38. FEDGRAL LOBBYING 36,1. The undersigned certifies, to the best of his or her knowledge and belief, that 3011 No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, uran employee oia Member uf Congress in connection with the awarding of any federal contract, the making oiany federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 361.2, It any funds other than federal appropriated funds have been paid or will be paid tu any person for influencing or attempting to influence an off icer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LI-1, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including sub-contracts, sub-giants, and contracts under grant, loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly. page 11nf14 36.2, This ceffification is a material representation of fact upon which reliance was placed when this transaction was made or 1* entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1J5Z. Title J1. U8. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.UO0 and not more than $1OU.0OU for each such failure. 3T. NONDISCRIMINATION(Title VI, 42W.S.C. § 2OOOde1seqJ 3/,1 During the performance oi this Agreement, the SUB-RECIPIENT agreeo� 37.1,1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 371.2, Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, ao set forth |n Appendix Bcf49CFR Part Z1 and herein. 371.3, To permit access to its books, records, accounts, other sources of information, and its facilities as required by the YVT8C. USDOT. urNHT8A. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the VVTSC will have the right to impose such contractlagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/tunding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, io whole oriopart. 37.1.5. Toinsert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub-contract or sub-agreement that receives federal funds Linder this program. 88. POLITICAL ACTIVITY(HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5U,S,C, 15011500). which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 8A. PROHIBITION ON USING GRANT FUNDS nO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and nn fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even it such communications urge legislative officials to favor or oppose the adoption ofa specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement � page 12nf14 15 The Contact for the SUB-RECIPIENT is: The Contact for WTSC is: Shawn Boyle Jerry Noviello 42.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. |N WITNESS WHEREOF,the parties have executed this Agreement. Yakima Police Department Signature Printed Name Title Date VVASH|NGT00TRAFF|C SAFETY COMMISSION Signature Printed Name Title Date page 13of14 16 page 14 of 14