Loading...
HomeMy WebLinkAboutR-2022-126 Resolution authorizing an interlocal agreement with the Washington Traffic Safety Commission for funding to provide traffic safety emphasis patrolsA RESOLUTION RESOLUTION NO. R-2022-126 authorizing an Interlocal Agreement with the Washington Traffic Safety Commission for funding to provide traffic safety emphasis patrols. WHEREAS, the High Visibility Enforcement program provides an opportunity to work with state and local organizations to develop and implement statewide enforcement and educational activities with the goal to reduce traffic crashes; and WHEREAS, the Washington Traffic Safety Commission will provide the funds not to exceed $90,000 to assist in providing the funds necessary to conduct law enforcement emphasis patrols, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager 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 20th day of September, 2022. ATTEST: Son C_Qatcri laar Tee, City Cler v Janice D -cio, Mayor ���~«~��-0����K~� K`�������U����8~/ ��&J � � ���� °"�`� � � �n�� Traffic S f,^ INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Yakima THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred toas"VV73(,"and City 'fYakima hereinafter referred toan "SUB -RECIPIENT." In FFY2O23,the Washington Traffic Safety Commission has delegated the management and oversight ofthis project tmtheVVashimQtonAssodotionofSheriffsandPo|iceChiefa(VVA3P[)by contractual agreement. WASPC will act as WTSC's agent in the management and oversight of this project. VVT5[vviU establish agreements with all participating agencies before transferring responsibility to WASPC. WTSC reserves the right to contact participating agencies regarding any elements of this contract. NOW THEREFORE, inconsideration ofthe terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows-, 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.600 for traffic safety grant project 2Q2]'HVE-4694'Region 13 Target Zero Task Force, specifically to provide funding for the law enforcement agencies in WTSC Region 13 to conduct straight time or over -time enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the 5(JVV with the SUB'REOP|ENTwith the goal Vfreducing traffic crashes. Grant 2W23-HVE-4G94' 13Target Zero Task Force was awarded tothe Region 13to support collaborative efforts to conduct High Visibility Enforcement (HVE) activities. By signing this agreement, the SUB -RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred asaparticipant inthe reginn'nHVEgrant. 2'PERIOD DFPERFORMANCE Page 1 of 19 The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2022, and remain in effect until September 30, 2023, unless terminated sooner, as provided herein. 3. SCOPE OF WORK Problem and Opportunity Statement The main causes of serious injury and fatality collisions on Washington's roadways are driver impairment through drug and/or alcohol use, and distracted driving. In addition, nearly one in every three fatal crashes between 2016 and 2020 involved speeding as a contributing factor. Despite an increased seat belt use rate in 2021, the number of unrestrained fatalities and serious injuries have increased to the highest number since before 2010. Since 2019, unrestrained fatalities have increased over 30 percent and serious injuries have increased 58 percent. Motorcyclists also represent a high number of injured and killed because of unsafe and poorly trained riders and the challenges vehicle drivers face in observing motorcycles on the road. In 2020, Washington experienced a 40 percent reduction in proactive traffic safety enforcement across the state. The first priority for Region 13 is Distracted Driving. Yakima County registered four fatal crashes due to distraction in 2020, six in 2021, and three in the first quarter of 2022. If this trend continues, the total for 2022 is projected to be 12 fatal crashes due to distraction. That is double the number in 2021. If serious injury crashes are included, the numbers are even more serious: 16 in 2020, 15 in 2021, and 12 in the first quarter of 2022 and, if that trend continues, 48 serious injury crashes due to distraction will occur in 2022. That is a 300% increase from 2020. The second priority for Region 13 is impaired driving because of consistently high numbers in impaired driving collisions and fatalities trending over the past three years. In 2020, Yakima County saw 286 alcohol involved crashes, 322 in 2021, and 65 in the first quarter of 2022. This puts Yakima County on pace for 260 in 2022. This would be lower than the two previous years, but still not trending far enough to zero fatalities. While the region's priorities are different than funding requests, that is for specific reasoning. The funding for Impaired Driving is higher due to several large events in the area, including Moxee Hop Festival, Cinco de Mayo, and Spring Barrel. Additionally, the preferred spotter method of HVE for Distracted Driving is hard to staff due to staffing shortages at participating agencies and the distance between those agencies. The third priority for Region 13 is speeding. This region encompasses 6,215 square miles between Yakima and Klickitat Counties. Many of the roads are rural roads where drivers are often found racing and pushing the limits on their capabilities. In 2020, speed accounted for 27 crashes in Region 13. There was an increase of seven to the total 34 speed related crashes in Page 2 of 19 2021 and the first quarter numbers for 2022 indicate there may be 104 speed related crashes between Yakima and Klickitat Counties in 2022. That increase alone demonstrates that speed needs tobeasignificant priority for Region l3. The fourth priority for Region 13 is seat belt enforcement. Region 13 hasn't had seat belt funding for several years. While hisapriority for us, using the preferred spotter method has been significantly harder for our Region due tostaffing issues. The fifth, and last but not least, priority for Region 13 is motorcycle patrols. While we do have anincrease ofmotorcycle travel inthe summer months itseems to be narrowed toJune and July based qnobservations byOfficers. Project Purpose and Strategy: This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of citation/fine/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide toengage imthose behaviors. Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan enforcement and outreach acdvities. Regional participation inthe following National Campaigns is mandatory: Impaired driving enforcement during the Holiday DUI campaign (December 14, 2022 — January 1, 2023). Distracted driving enforcement during the Distracted Driving campaign (April 3-1[L 2O23). Seat belt enforcement during the Click ItorTicket campaign (May 15—June 4,2D23). Impaired driving enforcement during the Summer DUI campaign (August 16 — September 4, 2023). These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination with the VVSP. Page 3 of 19 Prevent traffic crashes toreduce traffic related deaths and serious injuries throughactive visible, consistent, and targeted traffic law enforcement. Law enforcement can have a profound effect ontraffic safety and this project airnotoincroascparticipationtoacconnp|ishthat Requirements for National Mobilizations and Traffic Safe,ty Enforcement Program (TSEP) 1. HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. Z. The SUB -RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received and passed the SFSTrefresher training. I SUB -RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received Advanced Roadside Impaired Driving Enforcement (ARIDE) training. 4. SUB -RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the VV`TSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on an irregularities, challenges or other details that would help explain what was encountered during their shift. SUB -RECIPIENT will also ensure all supervisors and fiscal staff have the ability toreview and edit those activity logs. 5. Activity conducted outside of the quarterly task force operational plans will not be reimbursed. PnoieotIntent aindBest Practice 1. SUB -RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four mandatory National Campaigns. (Holiday DUI carnpaign in December 2022, Distracted Driving campaign in April 2023, Click It or Ticket campaign in May 2O23,and Summer DUI campaign inAugust ZOZ3). NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to receive funding under the WASPC equipment grant. 2. SUB -RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3. Regional task force will be submitting quarterly operational plans and SUB -RECIPIENT is encouraged to participate to the fullest extent possible. Quarterly operational plans are due October l5, December 15, March 15,and June 15. 4. Participating officers should maximize their contacts during their patrols so that their activity contributes to the goals of the event. 5. SUB -RECIPIENT should promote patrol events through all earned, owned and, iffunded, paid media that isavailable sothat the public i5made aware ofthe event before, during, Page 4 of 19 and after the enforcement takes place. It is a best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 0. SUB'REQP|ENTshou|d strive to actively enforce traffic safety taws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7. When participating in motorcycle patrols SUB'BEOP|ENTshou]d focus on the illegal and unsafe driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. 8. When participating in motorcycle patrols SUB -RECIPIENT should ensure that enforcement will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely, 9. Mentorshipfor Impaired driving: The Task Force may engage a DUI mentorship program to train additional officers for DUI related activities. Best practice for DUI rnentorship includes 16 hours of instructions to an officer wanting to engage further in DUI emphasis activities. Up to 16 hours of overtime or straight time will be approved to both mentor/mentees. The mentor should be DIRE when possible, or highly effective DUI emphasis patrol officer with a minimum ofAR[DEtraining. Mentnr/rnentce activities will be pre -approved by the TZIVI orLELafter the nnemteesubmits their interest. 3,1.NATIONAL AND STATE-WIDE MOBILIZATIONS Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of these. obU[caboo Holiday DUI UDrive. UText. UPay. April 3-1O 2023 Click horTicket y15—June 4,2Q2 'saFine Line (optional iffunded uk/7-23,202 DUI Drive Sober orGet Pulled Over 3.2.COMPEMSAT|ON 3.2.1. Compensation for the straight time or overtime 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 dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB -RECIPIENT Page 5 of 19 mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB -RECIPIENT. Comp -time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region's traffic safety task force with afully executed grant agreement are eligible to participate in this grant. 3.2.2. WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer's normal salary rate plus SUB-REC|P|EN7`scontributions to cnnp|oyao benefits, limited to the following 10. FICA I1.K4edicaoe IZAny portion ofL8'|that ispaid bxthe employer (SUB-RE[|PIENT) 13. Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution isbased onapercentage oftheir hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. Thc3U8-RE[|P|ENTxv|Uprov|de|awenforcemnentofficeo\withappvnphatcequipnlent(e.g, vehicles, radars, portable breath testers, etc.) to participate inthe emphasis patrols,. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB - RECIPIENT and the TZM. These alterations must be requested through email communication between the regional TZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan, 3,2.4.These funds, designated for salaries and benefits, are intended topay for the hourly straight time or overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required tomaintain a law enforcement commission including recertification trainings like firearm qualification. 3.2.5. Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project provlding SUB -RECIPIENT has received prior approval from their region'sTZK4.This activity must beovertime and only the expenses listed insection 3.2and its subsections will be reimbursed. Page 6 of 19 3.2.6. Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB -RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL to determine if need is warranted for the type of HVE activity, This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.2.7. The law enforcement agency involved will not schedule individual officer avertible shifts for longer than eight hours, ‘AITSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.2.8. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the nartrial hourly rate and not at the 150 percent overtime rate, 3.3. SUMMARY OF PROJECT COSTS The WTSC has awarded $90,000 to the Region 13 Traffic Safety Task Force for the purpose of conducting coordinated overtime HVE activities. By signing this agreement, the SUB -RECIPIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region's traffic safety task force and TZM to be eligible for reimbursement. The funding (Section 402, CFDA 20.600) for Region 13 is as fa ows: EMPHASIS PATROL Impaired Driving Patrols Distracted Driving Patrols Click It or Ticket Speed Motorcycle Safety TOTAL $45,000 $13,500 $13,500 $10,800 $7,200 $90,000 Page 7 of 19 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB -RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSCis online grant management system, VVEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 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 WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend -this Agreement Such amendments shall oily be binding if they are in writing and signed by personnel authorized to bind each of the Parties* Changes to the budget, SUB- RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 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. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the VVTSC, 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 SOVV. 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 34 through 42. 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 All invoices for reimbursement of HVE activities will be done using the WTSC's grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back tap documentation is required in most cases. Page 8 of 19 Once submitted b»the SUB'R[OP|ENl,invoices are routed tothe regionalTZK4for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer byVVTSCwithin ]O 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, 2023, must be received by WTSC no later than August 10, 2023. All invoices for goods received or services performed between July 1, 2023, and September 30, 2023, must be received by WTSC no later than November 15,2O33' I3.CO�F1DG�T| E��UARD|N��C]F|ydR}RK�AT[�N 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 berequired bylaw. l%.COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. l3.COVENANT AGAINST [ONT|NGENTFEES TheSU8'RE[|P|ENTxvorrantsthatithasnotpaid,andagmecsnottopay,amyhonus, 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 WTSC shall have the right, inthe event ofbreach ofthis section bythe SUB-REC|P|ENT, toannul this Agreement without liability. I4.DiSPWTES 14.1. Disputes arising in the performance ofthis Agreement, which are not noun|ved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB- RECIPIENT's receipt ofVVTS[,s written decision, the SU8'RE[|P|ENTfmrnishrs n 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 bythe decision. 14.2. Performance During Dispute. Unless otherwise directed bvVVTSC, the SUB'RE[|P|ENTshaU continue performance under this Agreement while matters in dispute are being resolved. 15.GOVER0ANCE Page 9 of 19 of the state of Washington and any applicable federal laws. The provisions of this Agreement shall boconstrued tVconform tothose laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15-2,1. Applicable federal and state statutes and rules 15.2.2.Terms and Conditions Vfthis Agreement 15,2.3.Any Amendment executed under this Agreement 15.2.4.Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16.|N[QKUE Any income earned bythe SUB -RECIPIENT from the conduct ofthe SOW (e.g,sale mf publications, registration fees, or service charges) must be accounted for, and that income must beapplied toproject purpooeuorusedtoreduceproject costs. 17.|N0EMN|F|[AT|0N 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of theSU8'REOP|ENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB'REOP|ENTto indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such da|nls result from the concurrent negligence of (a) theSU8'RE[|P|ENT, its officers, employees, agents, contractors, o,subcontractors, and (b) 1beVVTS(, its officers, employees, or agents, or involves those actions covered by RCW 4,24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of theSUB-REC|P|ENl[itsnfficeo,znnp|oyees,ogents,contractors'Vrsubcontractors. 17.2. The SUB -RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to 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 Page 10 of 19 shall continue tobeemployees oragents ofthat Party and shall not b9considered for any purpose tobcemployees oragents ofthe other Party. 29`|NSURANCE 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 performance of work under this Agreement, the SUB -RECIPIENT shall provide \AfTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate byVVTSC, which protects the SUB -RECIPIENT and WTSCfnorn risks associated with executing the SOW associated with this Agreement. 3U'LICENSING, ACCREDITATION, AND REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RE[|PiENTshaU 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'RE[|P|ENTshaU 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 VVTS[, 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 ofthe State Auditor, federal auditors, the WVTS(,and any duly authorized representatives shall have full access and the right to examine any ofthese materials during this period, 21.2. Records and other documents, in any medium, furnished by one Party to this Agreement tothe 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 bythe other Party are not erroneously disclosed tmthird Parties. 22.RIGHT [JFINSPECTION � 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 Page 11 of 19 available information necessary for \AfTSC to comply with the right to access, amend, and receive anaccounting ofdisclosures oftheir Personal Information according tothe Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant 1othe R|PAA provisions and applicable provisions of Washington State law. The SUB -RECIPIENT shall upon request make available to the VVTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23.RIGHTS |NDATA 23.%.VVTSCand 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. [opyhghtAct,17US[61OIetseq,andshaUbenvvnedbythestateofVVashinBton.VVork Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest inand toall rights inthe Work Product and any registrations and copyright applications relating thereto and any rrnevva|sandextensions thereof. 23.IThe SUB -RECIPIENT may publish, �otits own expense, the results ofproject activities without prior review by the WTSC, 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 WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24.SAVINGS In the event funding 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 CONVEN|EN[E'"dause,vvithoutthe3O-daynoticercquiremnent.Tho/\greennent|ssubiectto renegotiation atthe VVTS['s discretion under any new funding limitations orconditions. 25.SEVERA8|LDY 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 tnthe Page 12 of 19 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. 26. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB-RECIP1ENT or its staff shall be the sole responsibility of the SUB-IRECIPIENT. 28. TERIVIINATION 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 irnmediately. At the WTSCis discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or failure. If the SUB -RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29, TERMINATION! FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WT5C. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 303. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB RECIPIENT, or which results from the failure on Page 13 of 19 the part of the SUB -RECIPIENT to maintain and administer that property in accordance, with sound management practices. 30�. If any VVTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the \0TS[amd shall take all reasonable steps to protect the property from further damage. 30.5.The SUB -RECIPIENT shall surrender tothe WTSCall property ofthe VVTSCupon completion, termination, orcancellation ofthis Agreement. 30.6 All reference to the SUB -RECIPIENT under this clause shall also include SUB-REC|P|ENT`s employees, agents, or su b-co n tractors. 31^WAA|\/ER 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 A): 32'BUY AMER|[AACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313)Vvhem 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 satisfactory qua|ity, 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 WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation, 35`DEBAR[NENTAND SUSPENSION Instructions for Lower Tier Certification 33.1. 8vsigning this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier partidpant")isproviding the certification set out below and agrees tocomply with the requirements of2[FKpart 1BOand 23CFRpart 130O. 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. Page 14 of 19 33.3. The lower tier participant shall provide immediate written notice to the WTSC ifotany time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous byreason ofchanged circumstances. 33.4LThe terms covered transaction, debarment, suspension, ineligible, |owertier,parddpant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5.The lower tier participant agrees 6v signingdhiuAgrseonentthat itshall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48[FRpart 9,subpart 9.4,debarred, suspended, declared ineligible, orvoluntarily excluded from participation in this covered transaction, unless authorized by NHTS4. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the douse titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," m/ldhomt 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 180and 23[FRpart I30O. 33.7. A participant in a covered transaction may rely upon a certification of prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 [FR part 9, subpart9.4` debarred, suspended, ineligible, orvoluntarily 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 system of records in order to render in 8Vpd faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed byaprudent person inthe ordinary course ofbusiness dealings. 33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if participant in a covered transaction knowingly enters into a lower tier covered transaction with aperson who isproposed for debarment under 48CFRpart 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 or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Pag 0 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 or agency. 33.11. Whe re 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. 34.THE REEWORKPLACE ACT OF 1988 (41U�.C.810,31 34.1.The SUB -RECIPIENT shall: 34.1.1.Publish astatement 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. 34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; 1heSUB-REC|P|EN7s 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 it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this -section. 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. 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 mfany criminal drug statute conviction for a violation occurring inthe workplace nolater than five days after such conviction, and notify the VVTSCwithin lQ 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 36.1.3. 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 toparticipate satisfactorily inodrug abuse assistance orrehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.G~K4akeamondfsithefforttocontnuetonna>mtainadmug'fraevvorku|acethnmugh implementation of all of the paragraphs above. 3S.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation ofthe five most highly compensated officers ofthe entity, ifthe entity inthe 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 Page 16 of 19 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 of1934orsection 61O4ofthe Internal Revenue Code ofl98G. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. 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 theawarding 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, orcooperative agreement. 36.1.2. 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 ofCongress, amofficer oremployee of Congress, oranemployee ofaMember of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the umdeoiBnedshaUcornp|eteandsubnnitStandardFornn'LLLDisdosureFormntoReport Lobbying, inaccordance 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 atall tiers (including sub-controcts sub-ooants,and contracts under grant, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. 36.2. This certification is a rnoteha| representation of fact upon which reliance was placed when this transaction was made orentered into. Submission ofthis certification is 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 $lO,000and not more than $10O,OOOfor each such failure. 37. NONDISCRIMINATION (Title V[ 42 W.S.C. § 2000d etseq.) 37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time tntime. 37.1.2L Not to participate directly orindirectly in the discrimination prohibited by any federal non-discrirnination law orregulation, asset forth inAppendix 8of49CFRPart 2land herein. 37.1.3'To permit access to its books, records, accounts, other sources ofinformation, and its Page 17 of 19 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA 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. 37.1,5. To insert 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 of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39'PROHIBITION OhJUSING GRANT FUNDS T0CHECK 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 so fully complies with this requirement. 4lSTATE 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 orlocal 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 issupported with NHTSAfunds 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 or oppose the adoption mfnspecific pending legislative proposal. 41.DESIGNATED CONTACTS The following named individuals will serve asdesignated contactsforeochof8lePardesforaU communications, notices, and reimbursement regarding this Agreement: ------' The Contact for the SUB - RECIPIENT Shawn Boyle 20053r0 Stn+md Yakima, VVA989O1 mhawn.boy|e@yakimawa.gmv The Target Zero Manager for Region 13 is: Charlotte Layman Region l3Target Zero Manager 509'307'3826 The Contact fmrWT5 is: � JerpyNove|io WTCProgram Manager jnovieUo@wtsc.vva.gov 360-725'9897 Page 18 of 19 42. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement WASHINGTON TRAFFIC SAFETY COMMISSION ) Signature CIN -Nee rC. Printed Name Title Date CITY CONTRACT NR.20 to Li RESOLUTION NO:1C— Page 19 of 19 Grant Requirements Acknowledgement Form for High Visibility Enforcement (HVE) Mobilizations WEMS 113: 2023-HVE-4694-Region 13 Target Zero Task Force Before beginning work onthis grant project,the grantee Project Manager should thoroughly read and understand the terms of the Interagency Agreement (IAA). This Grant Requirements Acknowledgement Form provides an explanation of some key terms and highlights but is not comprehensive. If the Project Manager has questions after reviewing this document, please refer to the WTSC Grants Management Manual, 0rcontact the VVTS[Program Manager assigned tothis grant. When you, the grant Project Manager, agree to this document, you certify that you understand the grant requirements and agree to fully comply with the terms and conditions set forth in the Agree nnent/Cmntract, as well as additional federal requirements outlined in the Code nfFedora| Regulations for Federal Grants and Agreements, anreferenced below. If anything in this document conflicts with the Agreement/Contract, the Agree ment/Co ntract takes precedence. Before you begin work, you must have: * /\ fully executed IAA orcontract signed bVboth parties. • Attested to the Grant Requirements Acknowledgment Form (this document). Work cannot begin before the start date onthe t4A,nrbefore the 1AA/s signed 6xall parties. VVTSCuvN| only reimburse expenses incurred after the IAA is fully executed. Select Contract Provisions: w Staternentof Work. This summarizesthe workto be done forthis grant. If thischanges significantly, the granteewill need to requesta change in WEMS, andan IAAamendment maybe required. • High Visibility Enforcement (HVE) Operational Requirements: The specific HVE requirements listed inthe Scope ofWork are extremely important tothe success ofthe high visibility enforcement strategy. ALL ofthese requirements must 6efollowed. ° WE04SDigital Activity Log: VVTSC requires all agencies participating in high visibility enforcement to use the VVEK45 system to document the activity of all participating officers. An officer cannot participate ifthey donot have aVVEK83account and donot input their activities into tbeVVEK43 digital activity log. ° Officer Training Requirements: Any officer participating officer must document in VVEK4Sthat they have current qualifications for BACand SF3T. • Period of Performance: All work must be completed, and goods and services must be received, during the period ofperformance onthe IAA. Page 1 of 2 Compensation: m Comp time isnot anallowable expense for reimbursement omahigh vidbUitxenforcmnnent(HVE) campaign contract or other OT (Overtime) patrol projects, The funding for these types ofprojects are for the actual activity of patrolling and comp time or any other type of leave will not be reimbursed. V All expenses must beincurred during the period Vfperformance mnthe IAA. o Expenses cannot exceed the total amount of the agreement and must fall within the amounts of each budget category aslisted inthe IAA. o Funds may be moved, with prior approval and within certain limits, between planned budget categories. Aformal request must besubmitted tothe Target Zero Manager. Advance Payments Prohibited. VVTS[cannot pay for any costs prior to the work being completed orthe goods being delivered. Agreement Alterations and Amendments: If your agency wants to seek an exception to any of the HVE operational requirements, you must submit an exception request to the VV7SC's primary contact listed inthe inInteragency Agreement. Billing Procedure: Your agency is required to utilize the Digital Activity Log in theVVEKHS system, supplied by the WTSC for all of your invoices. Your local TZM can give you training and support if you need assistance using this system. Buy America Act: For any manufactured goods over $5,OOO,the grantee must provide written certification that the goods, including IT software and hardware, were produced in the USA. Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff or expenditures. Must comply with 2CFRPart Z00 Subpa[tE Income: Any income generated with this grant must be accounted for and applied to projectpurAmses orused toreduce project costs. Lmbh*ing/PoUt1ca|AdhVitV: Because this grant uses federal funds, nowork being funded bythis grant can be used to lobby or otherwise influence state or federal officials, or support or oppose legislation; there isanallowance for "customary state prectice." Records Maintenance: Maintain records pertaining to this agreement for 6 years after expiration Other Requirements: * Promotional Item Purchase Restrictions: Nopromotional items can bepurchased with these grant funds. • Single Audit Requirements: Required ofanentity that expends $7SO,UO0mrmore annually of federal funds, federal grants, orfederal awards; usually performed annually. By checking this box and typing your name below, you certify that you agree tofully comply with the terms and conditions set forth in the Agreement, as well as the requirements listed in this document. Typing your name below constitutes your electronic signature onthis document. |Aeree (Nam*,Agency, Title) (Date) Rage 2 of 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.G. For Meeting of: September 20, 2022 ITEM TITLE: Resolution authorizing an interlocal agreement with the Washington Traffic Safety Commission for funding to provide traffic safety emphasis patrols SUBMITTED BY: Matt Murray, Chief of Police SUMMARY EXPLANATION: The Washington Traffic Safety Commission has $90,000 available to conduct multi - jurisdictional, high visibility traffic safety enforcement to support Target Zero operations. Under this agreement, the Washington Traffic Safety Commission will reimburse the City for overtime officers incur (up to $90,000) while conducting these emphasis patrols. ITEM BUDGETED: NA STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOM M ENDAT ION: Adopt resolution. ATTACHMENTS: Description 0 resolution D agreement Upload Date 9/12/2022 9/8/2022 Public Safety Type Co'er Memo Contract