HomeMy WebLinkAbout04/16/2013 10 Target Zero Traffic Safey Initiative; Agreement with the Washington Traffic Safety CommissionBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: April 16, 2013
ITEM TITLE: Resolution authorizing Interlocal Agreement with the Washington
Traffic Safety Commission to provide a contractor to manage the
Yakima County Target Zero traffic safety initiative.
SUBMITTED BY: Dominic Rizzi Jr, Chief of Police
CONTACT PERSONITELEPHONE: Captain Jeff Schneider, 575 -6151
SUMMARY EXPLANATION:
The Washington Traffic Safety Commission will reimburse the City of Yakima the cost of providing a
contracted manager to manage the Yakima County Target Zero traffic safety initiative. The contractor
will be housed at the Yakima Police Department and will manage grant funded traffic safety activities
in both the City of Yakima and neighboring jurisdictions.
Resolution X Ordinance Other
(specify)
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
Funding
Source: Phone:
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Staff recommends approval of the interlocal agreement with the Washington Traffic Safety
Commission.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ WTSC Resolution
❑ Interlocai Agreement with WTSC
RESOLUTION NO. R -2013-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute an Interlocal Agreement with the Washington Traffic
Safety Commission to allow the WTSC to provide funding for a
contractor for the Target Zero traffic safety initiative manager
WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled " Interlocal
Cooperation Act," permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other units of government on the basis of mutual
advantage; and
WHEREAS, the Washington Traffic Safety Commission requires a contractor to
manage the Yakima County Target Zero traffic safety initiative; and
WHEREAS, The Washington Traffic Safety Commission is willing to reimburse
the City of Yakima the cost of providing said contractor; and
WHEREAS, the City of Yakima has the capacity and ability to provide and
house said contractor; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima and of the Washington Traffic Safety Commission to enter into the proposed
Interlocal Agreement authorizing the City of Yakima to provide a contractor to manage
the Target Zero initiative for the Washington Traffic Safety Commission in exchange for
reimbursement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated Interlocal Agreement between the City of Yakima
and the Washington Traffic Safety Commission authorizing the City of Yakima to
provide and house a Target Zero initiative contractor in exchange for reimbursement.
ADOPTED BY THE CITY COUNCIL this 16th day of April 2013.
Micah Cawley, Mayor
ATTEST:
City Clerk
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INTERAGENCY AGREEMENT
BETWEEN
YAKIMA POLICE DEPARTMENT AND
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the Yakima Police Department,
hereinafter referred to as "YPD," and the Washington Traffic Safety Commission, hereinafter
referred to as "WTSC."
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for the YPD to authorize
consultant services as may be requested by WTSC and described in the Statement of Work,
incorporated as "Exhibit A."
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The YPD shall furnish the necessary contracted personnel for the performance of the work set
forth in Exhibit "A" attached hereto and incorporated by reference herein.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on
April 22, 2013 or date of execution, whichever comes later, and remain in effect until June 30,
2014 unless terminated sooner, as provided herein.
COMPENSATION AND BILLING PROCEDURE
Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34.130. The parties have determined the cost of accomplishing the
work described in the Statement of Work will not exceed seventy thousand dollars ($70,000) at
a rate of thirty five dollars ($35) per hour.
BILLING PROCEDURE BETWEEN YPD AND WTSC
YPD shall submit invoices for reimbursement and supporting documentation to WTSC monthly.
Payment to YPD for approved and completed work will be made by warrant or account transfer
by WTSC within 30 days of receipt of the invoice. 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, 2014
must be received by WTSC no later than August 15, 2014. All invoices for goods or services
performed on or prior to September 30, 2013 must be received by WTSC no later than
November 15, 2013.
ACTIVITY REPORTS
YPD agrees to ensure contractor submits quarterly progress reports on the form entitled "Traffic
Safety Project Report" and incorporated by reference as Exhibit B. Quarterly reports are to be
detailed and must describe project activity performed in relation to contract deliverables.
Quarterly reports must be submitted to WTSC within 15 days after the end of the reporting
period. The final report must include a description of the results of entire project.
CERTIFICATIONS AND ASSURANCES
YPD certifies and ensures compliance to all of the conditions and provisions provided for in
Exhibit C.
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Interagency Agreement #
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the service(s) described herein. These records shall be subject to
inspection, review or audit by personnel of both parties, other personnel duly authorized by
either party, 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 and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials
during this period.
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 it 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.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as
defined by the U.S. Copyright Act of 1976 and shall be owned by the WTSC and the State Of
Washington. Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and /or
sound reproductions. Ownership includes the right to copyright, patent, register, and the ability
to transfer these rights.
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.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the
other party. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under
this Agreement, or if either party violates any of these terms and conditions, the aggrieved party
will give the other party written notice of such failure or violation. The responsible party will be
given the opportunity to correct the violation or failure within fifteen (15) working days. If failure
of violation is not corrected, this Agreement may be terminated immediately by written notice of
the aggrieved party to the other.
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Interagency Agreement #
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable
statutes and rules and make a determination of the dispute. The determination of the Dispute
Board shall be final and binding on the parties hereto. As an alternative to this process, either
of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in
which event the Governor's process will control.
GOVERNANCE
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.
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:
a. Applicable state and federal statutes and rules;
b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Contract;
d. Any Statement of Work executed under this Contract; and
e. Any other provisions of the agreement, including materials incorporated by reference.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the party, which consent shall not be unreasonably withheld.
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 unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
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 to be severable.
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.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each of the parties, for all
communications and billings regarding the performance of this Agreement:
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Interagency Agreement #
Edica Esqueda
Program Manager
(360) 725-9886
eesquedap_wtsc.wa.gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF YAKIMA
Signature
Printed Name
City Manager
Title Date
WASHINGTON TRAFFIC SAFETY COMMISION
Signature
Darrin Grondel
Printed Name
Director
Title Date
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Interagency Agreement #
Exhibit A
STATEMENT OF WORK
➢ General. YPD shall provide a contractor to serve as the Yakima County Target Zero
Manager.
➢ Consideration. WTSC shall reimburse YPD for contractor billings to YPD at $35 /hour, at
an average of 142 hours per month while the contractor performs services under this
Agreement.
➢ Agency Obligations.
o YPD Responsibilities:
1. Contract management and responsibility for monitoring contract deliverables.
2. Office space, including a desk, chair, phone, and internet access
3. Twenty -four hour access to their office space
4. Mail services
5. Access to a copy machine, scanner, and general office supplies
o WTSC Responsibilities:
1. Computing hardware, software, and peripheral devices
2. Provide training and development opportunities
3. Feedback on deliverables and performance
➢Contractor Obligations. Target Zero Manager duties will include, but are not limited to the
following:
• Build consensus among diverse groups toward the development of comprehensive and
collaborative traffic safety solutions.
o Monthly Task Force Meetings
• Lead a project team to include defining and prioritizing objectives, preparing work plans
and schedules, and driving performance.
• Identify, acquire, and manage funding sources for local traffic safety projects.
• Create and utilize strategic and operational plans built on data - driven analysis.
• Deliver exceptional public presentations at media events and other meetings to educate
constituents, promote ideas, and build knowledge and skills in stakeholders.
• Negotiate working agreements with partners and other service providers to include
defining scope of work and other contractual terms, establishing evaluation criteria, and
assuring compliance with state and federal requirements.
• Develop, implement, and monitor performance metrics and quality control processes to
determine program effectiveness.
• Develop, coordinate, and actively participate in relevant conferences and training events.
• Manage financial resources by monitoring and evaluating expenditures from various
funding sources, ensuring adherence to guidelines and contractual terms.
• Write reports and direct expenditures of federal and state funds for traffic safety
activities.
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1.1.1. Exhibit B
Interagency Agreement #
•
... A Si4ety
x A
Agency:
Date Submitted:
Project Title:
WTSC Contract Number:
Report Submitted By:
Title:
Grantee Contract Number (if applicable):
Quarterly Report Number:
❑2na Quarter Report Jan. 1 — Mar. 31 Due on Apr. 15
❑3r Quarter Report Apr. 1 —Jun. 30 Due on Jul. 15
❑4 Quarter Report July 1 — Sept. 30 Due on Oct. 15
(2) Project activities this reporting period (milestones, deliverables, other activities):
(3) Problems Encountered:
(4) Evaluation of Project Status /Other Remarks:
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Exhibit C
Interagency Agreement #
Certifications and Assurances
It is hereby understood that this application and attachments hereto, when approved and signed by all
concerned parties as indicated, shall constitute an agreement by and between the applicant organization
to perform in accordance with the terms of this application and attachments, taken as a whole. This
agreement is based on guidelines found in the Common Rule, the Office of Management and Budget
(OMB) Circular A -102, in order to standardize and simplify federal grants. The signature below of an
authorized representative of the applicant agency certifies and ensures that all the following conditions
will be met.
1) Reports — The Contractor shall submit quarterly reports, a final report at end of the project, and
submit special reports as outlined in the Project Agreement. Please read Reporting Requirements,
following this section.
2) Copyrights, Publications, and Patents — Where activities supported by this project produce original
copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and
irrevocable license to reproduce, publish, and use such materials and to authorize others to do so.
The Contractor 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 the National Highway Traffic Safety Administration ( NHTSA) and the WTSC.
Any discovery or invention derived from work performed under this project shall be referred to the
WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights
will be administered, and other action required to protect the public interest.
3) Termination — This project agreement may be terminated or fund payments discontinued or reduced
by WTSC at any time upon written notice to the Contractor due to non - availability of funds, failure of
the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of
the project.
4) Fiscal Records — Complete and detailed accounting records will be maintained by the Contractor of
all costs incurred on this project, including documentation of all purchases of supplies, equipment,
and services; travel expenses; payrolls; and time records of any person employed part-time on this
project. Federal, state, or WTSC auditors shall have access to any records of the Contractor.
These records shall be retained for three years after the final audit is completed or longer, if
necessary, until all questions are resolved.
5) Funding — The Contractor will utilize funds provided to supplement and not to supplant state and
local funds otherwise available for these purposes. Funds are to be expended only for purposes and
activities approved in the project agreement. Reimbursement will be made periodically by WTSC
based on approved requests for reimbursement. If matching funds are required, the Contractor will
expend them from nonfederal sources, which must be spent not later than 30 days following the
completion of the project.
6) Cost Principles and Grant Management — The allowability of costs incurred and the management of
this project shall be determined in accordance with OMB 2 CFR Part 225 and 49 CFR Part 18 for
state and local agencies, OMB Circulars A -21 and A -110 for educational institutions, and OMB
Circular A -122 for nonprofit entities.
7) Obligation Funds — Federal funds may not be obligated prior to the effective date or subsequent to
the termination date of the project period. Requests for reimbursement outstanding at the
termination date of the project must be made within 30 days or those funds may not be paid.
8) Changes — The Contractor must obtain prior written approval from the WTSC for major project
changes including: changes of substance in project objectives, evaluation, activities, the project
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Interagency Agreement #
manager, key personnel, or project budget. The period of performance of the project, however,
cannot be changed.
9) Income — Income earned by the Contractor with respect to the conduct of the project (sale of
publications, registration fees, service charges, etc.) must be accounted for and income applied to
project purposes or used to reduce project costs.
10) Buy America Act - The Contractor will comply with the provisions of the Buy America Act (49 U.S.C.
53230)) which contains the following requirements: Only steel, iron and manufactured products
produced in the United States may be purchased with Federal funds unless the Secretary of
Transportation determines that such domestic purchases 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. Clear justification for the purchase of non - domestic items must be in the form of a waiver
request submitted to and approved by the Secretary of Transportation.
11) Purchases — Purchase of equipment or services must comply with state or local regulations. After
the end of the project period, equipment should continue to be utilized for traffic safety purposes and
cannot be disposed of without written approval of the WTSC. The Contractor shall make and
maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other
identifying information, and submit a copy to the WTSC.
12) Third Party Participants — No contracts or agreements may be entered into by the Contractor related
to this project, which are not incorporated into the project agreement and approved in advance by
the WTSC. The Contractor will retain ultimate control and responsibility for the project. WTSC shall
be provided with a copy of all contracts and agreements entered into by Contractors. Any contract
or agreement must allow for the greatest practical competition and evidence of such competition or
justification for a negotiated contract or agreement shall be provided to the WTSC.
13) Participation by Disadvantaged Business Enterprises — The Contractor agrees to take all necessary
and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority
business enterprises have the maximum opportunity to compete for and perform contracts.
Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any subcontracts financed in whole or in part with federal
funds.
14) Americans with Disabilities Act — In the performance of this agreement, the Contractor shall comply
with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the
Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW, and the Americans with Disabilities Act
(42 USC § 12101, et seq.; PL 101 -336), which prohibits discrimination on the basis of disabilities
(and 49 CFR Part 27). The Contractor shall not discriminate on the grounds of race, color, national
origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the
presence of any sensory, mental, or physical handicap in any terms and conditions of employment to
induce taking affirmative action necessary to accomplish the objectives of this Act and denying an
individual the opportunity to participate in any program provided by this agreement through the
provisions of services, or otherwise afforded others.
15) Political Activities — No funds, materials, equipment, or services provided in this project agreement
shall be used for any partisan political activity or to further the election or defeat of any candidate for
public office or to pay any person to influence or attempt 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 loan or the entering in of any cooperative
agreements.
16) Certification Regarding Federal Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements.
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Interagency Agreement #
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. 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, 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.
2. If any 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.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -award at all tiers (including subcontracts, sub - grants, and contracts
under grant, loans, and cooperative agreements) and that all sub - recipients shall certify and
disclose accordingly.
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 $10,000 and
not more than $100,000 for each such failure.
17) Single Audit – State and local governments and nonprofit organizations that receive federal
assistance are subject to the audit requirements of OMB Circular A -133.
18) Federal Funding Accountability and Transparency Act
The Contractor will report for each grant awarded:
• Name of the entity receiving the award;
• Amount of the award;
• Information on the award including transaction type, funding agency, the North American
Industry Classification System code or Catalog of Federal Domestic Assistance number
(where applicable), program source;
• Location of the entity receiving the award and the primary location of performance under the
award, including the city, State, congressional district, and country; and an award title
descriptive of the purpose of each funding action;
• A unique identifier (DUNS);
• The names and total compensation of the five most highly compensated officers of the entity
if -- of the entity receiving the award and of the parent entity of the recipient, should the entity
be owned by another entity;
(i) the entity in the preceding fiscal year received—
(1) 80 percent or more of its annual gross revenues in Federal awards; and(II)
$25,000,000 or more in annual gross revenues from Federal awards; and(ii) 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 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986;
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Interagency Agreement #
• Other relevant information specified by the Office of Management and Budget in subsequent
guidance or regulation.
19) Seat Belt Policy — No funds, materials, property, or services will be provided to any political
subdivision that does not have a current and actively enforced policy requiring the use of seat belts.
20) Policy to Ban Text Messaging While Driving - Contractors are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving including policies to ban
text messaging while driving.
21) Drug Free Workplace — In accordance with the Anti -Drug Act of 1988 41 USC 702 -707 and Drug
Free Workplace 42 USC 12644, WTSC has the responsibility to ensure that unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance by any employees, grantees,
and /or sub - grantees of the Contractor and /or any such activity is prohibited in the Contractor's
workplace.
22) Debarment and Suspension — The applicant certifies, by signature below, 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 or agency.
Authorized Applicant Signature Date
Printed Name
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