HomeMy WebLinkAboutR-2020-113 Interlocal Agreement with Washington Traffic Safety Commission for Law Enforcement LiasonRESOLUTION NO. R-2020-113
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 6th day of October, 2020.
ATTEST:
City Clerk
404P) 41c
44'7.
Patricia Byers1Mayor
INTERAGENCY AGREEMENT
BETVVEENTHE
Washington Traffic Safety Commission
AND
Yakima Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred
to as "WTSC," and Yakima Police Department, hereinafter referred to as "SUB -RECIPIENT."
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and
incorporated and made a part hereof, the parties mutually agree as follows:
1'PURPOSE OFTHE AGREEMENT:
The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT)
National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listing/Catalog of Federal Domestic
Assistance (CFDA) #20.600, for traffic safety grant project 2021 -Sub-grants-4083-Region 13 LEL-Yakima.
2.PERIOD OFPERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than
October 1.2U2U.and remain ineffect until September 3O.2O21 unless terminated sooner, auprovided herein.
3.STATEMENT 0FWORK
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 manner on this project, the SUB -RECIPIENT must contact the VVTSC
program manager immediately and discuss a potential amendment. All Federal and State regulations will apply.
31SCOPE OFWORK
Problem Statement:
The Law Enforcement Liaison (LEUprogram provides anopportunity for the VVT8Ctowork with state and local organizations to
develop and implement statewide initiatives focusing on traffic safety education and culture change. The frequency of contact
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Commission's (WTSC) mission of building partnerships to save lives and preventinjuries onour roadways for the health, safety,
and benefit of our communities. The LEL program provides the conduit to make those connections while helping the WTSC 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 EnforcementUaison0-EL for the local
WTSC 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 tmbeatall task
force meetings.
2. Solicit agencies hoparticipate inthe VVTSCHVEmobilizations
3. Promote proven traffic safety countermeasures and enforcement strategies.
4. Increase officer commitment and effectiveness during the WTSC HVE mobilizations and other Target Zero enforcement
activities. V\1TSC expects that the LEL will actively engage in the HVE events in their region.
5. Provide earned media support during WTSC High Visibility Enforcement mobilizations and other traffic safety media
interests.
G. Promote training in local region for law enforcement participants. (wmbinono. Be|mm1OU. SECTOR DU|.AR|DE. ORE,
traffic safety classes, etc)
7. Increase law enforcement officers understanding ofstrategies for HVEcampaigns, including participation requirements,
activity logs, expected results and outcomes, and related communications activities.
8. Assist the Washington Traffic Safety Commission (WTSC) by providing the law enforcement perspective as we develop
plans for local and statewide traffic safety programs. Have a good working knowledge of the WTSC Strategic Highway
'
Safety Plan.
g. Communioatevivamai|.0a|ephone.andinperuonuonbactwiththeVVTGCStatemideLELThepartnomhipbotweontho
region LEL and the WTSC Statewide LEL will enhance the support for the TZM, and promote further collaboration
concerning V1JTSC HVE mobilizations and other Target Zero activities.
1O. Create and maintain an up to date point of contact list for each law enforcement agency in your region. This list should
beused hodisseminate pertinent documents and HVEinformation.
Participate inVVTGC' ponooredorapprovedpmfeaoiona\developmontoonfer noeoorbaining.undattendsami-annueU
TZMILEL meeting or other development training as assigned or upon approval. (Summary of the event may be
requested by WTSC)
11.
Project Performance Measures:
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WTSC will ask the Regional TZM to provide a performance review at the end of the year.
3.2. MILESTONES AND DELIVERABLES
Milestone ORDeliverable Description
CompletedDate
/Attend Traffic Safety Conference ' Spokane, WA 07/ 1/2O21
�Attend FFY2O2i TZM/LEL meeting 00302021
�
Support the
coordination ofHigh Visibility Enforcement events (saturation patrols, dedications, Home S� Bar, party 00302U21 �
�
intervention Pabn|o. DUI warrant roundups, eh:
�
Conduct community outreach (meetings, media, work with other LE agencies, etc) 09/30/2021 ,
3.3.COK8PENGATON
3.3. 1. Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW
39.34.The cost of accomplishing the work described in the SOW will 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 tothis Agreement executed byboth parties.
3.3.2. If the SUB'REC|P|ENT intends Socharge indirect costs, anIndirect Cost Rate must beestablished inaccordance with
VVTSCpolicies, and afederally-approved 000 allocation plan may berequired tobesubmitted b»the VVTSCbefore any
performance is conducted under this Agreement.
3.3.3The SUB -RECIPIENT must submit atravel authorization form (A-40torequest 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.
3.3/4.|fVVTSCmakes travel arrangements onbehalf ofthe GUB'REC|P|ENT.state travel policies must befollowed. See
Washington State Administrative & Accounting Manual (S/AM)Chapter iO.
3.3.5.VVTSCwill reimburse travel related expenses consistent with the written travel policies ofthe GUB'REC/P|ENT If no
written policy exists, state travel policies (SAAM Chapter 10) apply.
3.3.O.VVTSCwill only reimburse the SUB -RECIPIENT for travel related expenses for travel defined inthe scope ofwork and
budget or for which approval was expressly granted. The SUB -RECIPIENT must provide appropriate documentation(reoepts)
to support reimbursement requests, including the A-40 Travel Authorization form if required.
3.4. SUMMARY OF PROJECT COSTS
SUMMARY QfCOSTS AMOUNT
Employee salaries and benefits $0.00
Travel $2.000.00
Contract Services $0.00
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Equipment (listed inthe table below) $0i00
Goods orother expenses $1.000.08
I ndirect Coots ` $0.00
TOTAL $3,000.00
WTSC will reimburse SUB -RECIPIENT for designated LEL's work as follows:
1. Hours worked serving as V\/TSC's LEL — Straight time can be reimbursed at the officer's hourly rate plus AGENCY's
contributions to employee benefits including FICA, K8odiomre. 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. Adeomiption
of the activity must be documented on the A-1 9.
2. Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by WTSC.
3. |fthe SUB -RECIPIENT requests tospend funds outside the budgeted category, phorappruvo|ioequined.ThoSUB-
RECIPIENT should let the WTSC Program Manager know they are interested in spending funds in a different category
and written approval will beprovided, nocost adjustment necessary.
4. WTSC will reimburse travel expenses to WTSC-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 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, 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 '
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the
VVTSC.
G. 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 bythe parties. Noother understandings, ora|nrothorwiso.
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
8. ASSIGNMENT
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The SUB -RECIPIENT may not assign the work tobeprovided 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 federal, state, and |uoa| |mw, including but not limited to procurement |am,
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. 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, 2021, must be received by WTSC no
later than August 10, 2021. All invoices for goods received or services performed between July 1, 2021, and September 30,
2021, must be received by WTSC no later than November 15, 2021. 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.CON BDENTIALITYISAFEGUARDINGQFINFORMATION
The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, 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
of the WTSC, or as may be required by law.
12. 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 poy, any bnnue, oommiosion, bmkerago, orcontingent fee
to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement.
The V\ITSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without
14. DISPUTES
141,Disputes arising inthe performance ofthis Agreement, which are not resolved byagreement ofthe 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 V\ITSC, the SUB -RECIPIENT shall continue performance
under this Agreement while matters in dispute are being resolved.
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15.GOVERm&NCE
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:
15i2j.Appicable federal and state statutes and rules
'
15.Z2.Terms and Conditions ofthis Agreement
152.3.Any Amendment executed under this Agreement
152.4.Any SOW executed underthieAgneement
15.2.5. Any other provisions of the Agreement, including materials incorporated 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 beaccounted for, reported toVVTSC. and that income must beapplied to project purposes orused to
reduce project costs.
1IiNOEK8N/F|CATON
17.1.Tuthe fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the V\ITSC, 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 V\/TSC, 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.
Pmvided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold hann|eae or defend the VVTSC,
ituogento.omp|nyneo.ordfficemtuthooxtentthatdaimooreoauuedbytheneg|igentoctauromiaoionuofthmVVTSC.da
officers, employees oragents; and provided further that ifsuch claims result from the concurrent negligence of(a)the SUB -
RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the V\1TSC, 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 bthe extent nftheneg|igenueofthn8UB-REC|P|ENT.itaoffioone.emp|oyeee.agento.00ntnsdom.or
subcontractors.
172.The SUB -RECIPIENT waives its immunity under Title 51 RCVVhothe extent itiorequired b/indemnify, defend, and hold
harmless the WTSC, its officers, employees, or agents.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18.INDEPENDENT CAPACITY
The employees oragents ofeach party who are engaged inthe performance ofthis Agreement shall continue hoboemployees
or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
18.INSURANCE COVERAGE
19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law.
19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any
page 6 of 14
performance ofwork 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.LkCENSIN{, ACCREDITATION,AND REGISTRATION
The SUB -RECIPIENT shall comply with all applicable local, state, and federal |ioensing.accreddabon.andregiotration
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.
2tRECORDS MAINTENANCE
21].During the term ofthis 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, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other
mabsha|ne|evanttobhiuAgeomentwiUboretainedforoixyeansafteroxpiration.TheOffioeofdhoStateAuditur,fedens|
auditors, the VVTSC, 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 Agreementtothe 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 tothird parties.
22.RIGHT OFINSPECTION
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 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 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 -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 orused aoaresult ofthis Agreement.
%lRIGHTS |NDATA
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 etseq..and shall baowned 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.
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232.|ffor 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 interestinand toall rights inthe 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 projectactivities without prior review bythe VVTSC,
provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the
WTSC. Any discovery or invention derived from work performed under this project shall be referred to the V\fTSC, who will
determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions
required tuprotect the public interest.
24.SAVIN{S
In the event funding from state, federal, or other sources 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.GEVEBAB|LR-Y '
Ifany provision ofthis 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 pmvioiun, if such
remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the
provisions ofthis Agreement are declared tobeseverable.
B6.SITE SECURITY
While on VVTSC 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.
2lTAXES
All payments ofpayroll taxes, unemployment contributions, any other taxes, insurance, orother such expenses for the SUB -
RECIPIENT orhasbaffahaUbatheoo|enaeponeibi|ityoftheSUB'REQP|ENT.
2lTERMINATION 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 ianot
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, withoutcause orreason, with 3O
days written notice to the other party. If this Agreement is so terminated, the \A/TSC 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.
3O.TREATMENT OFASSETS
30.1. Title toall property furnished bythe VVT8Cshall remain property ofthe VVTSC. Title tuall property furnished bythe SUB -
RECIPIENT forihecostofwhiohthe8UB-REQP|ENTieontidedtubereimbumedaaadinaciitemof000tunderthioAgraoment
shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of
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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
V\1TSC, 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 V\1TSC 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 inaccordance with sound management practices.
30/4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the \AfTSC and shall
take all reasonable steps to protect the property from further damage.
30.5. The SUB -RECIPIENT shall surrender to the V\/TSC all property of the WTSC upon completion, termination, or cancellation
ofthis Agreement.
30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-
contractors.
31. 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.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX
3lBUY AMERkCAACT
The SUB -RECIPIENT will comply with the Buy America requirement (23U.8.C. 313)when purchasing items using federal
funds. Buy America requires the SUB'REC|p|ENTto purchase only stoe|, imn, 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 awaiver request that provides an adequate basis and justification,
and which is approved by the Secretary of Transportation.
%lDEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
33. 1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is
providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300.
33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is 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.
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33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participanthmmu
that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal,
and voluntarily excluded, aaused inthis clause, have the meanings set out inthe Definitions and Covered Transactions
sections of2CFRpart 18O.
33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enterinto 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 NHTSA.
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 of 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 inorder torender hn
good faith the certification required bythis 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.
33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, 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 orsuspend you, ortake other remedies uaappropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ' Lower Tier Covered Transactions
33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
federal department oragency.
3311.Where the lower tier participant iaunable tucertify toany ofthe statements inthis certification, such participant shall
attach anexplanation tothis Agreement.
3&THE DRUG -FREE WORKPLACE ACT OF18OO(4MU.8.C.8103)
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.
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34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the
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.
341.3.Make darequirement that each employee engaged in the performance of the grant be given a copy of the statement
required by paragraph 34.1.1. of this section.
341�Notify the employee inthe statement required by paragraph 34]1. of this section that, aoacondition 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 WTSC within 10
days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
34].5.TakaoneufMhofoUowingactiohaebhin3Odayuo[reoaivingnodoeunderparagnaph34j.3.nfthioonobon.withespeo
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.
341.8.Make agood faith effort tocontinue 0omaintain adrug-free workplace through implementation ofaUoftheparogoaphe
3EFEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide VVTSC the names and total compensation ofthe
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 $25,000,000 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 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code
of1888.
3G.FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
3O1.1.Nofederal approprehadfundohavebeonpaidorwiUbopaid.byoronbehaKnfdhounderoignod.hoanyperaonhn
influencing or attempting to influence an officer 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 the awarding of any federal contract, the making of any
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. Ifany funds other than federal appropriated funds have been paid or will be paid 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, 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-LLL, 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 ata||dena(indudinguub-cmntrado.aub-gnante.mndoonbactaundergrant.|oana.anduouperatiwaagreemonts).mndMhat
all sub -recipients shall certify and disclose accordingly.
pago11 of14
36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$1U.00Oand not more than $10O.00Dfor each such failure.
3[NONDISCRIMINATION (Title VI, 43U.8.C.§200Udadsoq.)
~
371.During the performance ofthis Agreement, the SUB -RECIPIENT agrees�
37.11.Tocomply with all federal nondiscrimination laws and regulations, as may be amended from time to time.
37].2.Not toparticipate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation,
ooset forth inAppendix Bof4SCFRPart 21and herein.
37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the
VVTSC.U8DOT.orNHT8A.
87].4.That, inthe 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 contract/agreementsanctions asiturNHTSA
determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the
contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or
funding agreement, in whole or in part.
371.5.Tuinsert 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 under this program.
38.POLITICAL ACTIVITY (HATCH ACT)
The SUB -RECIPIENT will comply with provisions ofthe Hatch Act (5U.8.C. 15O1-15OD).which limit the political activities nf
employees whose principal employment activities are funded in whole or in part with federal funds.
3lPROHIBITION ONUSING GRANT FUNDS TOCHECK 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 uofully complies with this requirement.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed tourge orinfluence astate orlocal
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.. ^graaomcda^) lobbying ectiviUaa, 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 if such communications urge legislative officials to favor
uroppose the adoption ofaspecific 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 12 of 14
The Contact for the SUB -RECIPIENT is:
Shawn Boyle
shawn.boyle@yakimawa.gov
509-728-4541
42. AUTHORITY TO SIGN
The Contact for SC Is:
Jerry Noviello
jnoviello@wtsc.wa.gov
360-725-9897 ext.
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.
Signature
Printed Name
t cL
Title
4 - 2070
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Noviello, Jerry
Digitally signed by Noviello, Jerry
ON: do=lcl, do=wa, dc=ssv, au=SACS - Small
Agency Client Services, ou=WTSC- Washington
Traffic Safety Commission, ou=Users, cn=Noviello,
Jerry, email=jnoviellog.wtsc wa gov
Date: 2020 09,301135:49-02'00'
Signature
Jerry Noviello
Printed Name
Program Manager
Title
September 30, 2020
Date
page 13 of 14
page 14 of 14
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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