HomeMy WebLinkAbout01/02/2018 07B Law Enforcement Liaison Funding Agreement with the Washington Traffic Safety CommissionBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 7.B.
For Meeting of: January 2, 2018
ITEM TITLE: Resolution authorizing the Chief of Police of the City of Yakima to
renew an I nterlocal Agreement with the Washington Traffic Safety
Commission for funding a law enforcement liaison
SUBMITTED BY: Lt. Shawn Boyle, Yakima Police Department
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 $2,000 to assist in providing a Law Enforcement Liaison to collaborate with local
jurisdictions in promoting Target Zero priorities.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
D resolution
D contract
Upload Date
12/20/2017
12'20.%2017
City Manager
Type
Cover Memo
Cover Memo
RESOLUTION NO. R -2018-
A RESOLUTION authorizing the Chief of Police of the City of Yakima to execute 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 funds not to
exceed $2,000 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 2nd of January, 2018.
Mayor
ATTEST
Sonya Claar Tee, City Clerk
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CONTRACT FOR SERVICES
BETWEEN THE
WASHINGTON TRAFFIC SAFETY COMMISSION
AND
Yakima Police Department
WEMS Vendor Contract
THIS CONTRACT is made and entered into by and between the Washington Traffic Safety Connnnooion,
hereinafter referred to as "VVTSC," and Yakima Police Department, hereinafter referred to as "CONTRACTOR."
CONTRACTOR contact info:
Name: Shawn Boyle
Address: 200 S. 3rd Etrmed, Yakinno, WA, 98901
Email: ohavvn.buy|e@yakinnavva.guv
EIN#: 91'0001393
NOW THEREFORE, in consideration of the terms, condidono, covenants, and performance contained
herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows:
1. THE PURPOSE OF THIS CONTRACT
The purpose of this Contract is to provide funding, provided by the United States Department of Transportation
(USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Catalog of Federal
Domestic Assistance (CFDA) #20.600, for work to be accomplished under traffic safety grant project .
2. PERIOD OF PERFORMANCE
The period of performance of this Contract shall commence upon the date of execution by both Parties or
October 10, 2017, whichever is later, and remain in effect until September 30, 2018' unless terminated sooner,
as provided herein,
3. STATEMENT OF WORK
The CONTRACTOR shall carry out the provisions of the Contract described here as the Statement of Work
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1. Support local Target Zero Managers in planning and executing High Visibility Enforcement campainn
2. Solicit agencies to participate in the VVTSC High Visibility Enforcement mobilizations for the fiscal year 2018.
3. Promote proven traffic safety countermeasures, and enforcement strategies.
4. Increase officer commitment and effectiveness during the VVTSC High Visibility Enforcement mobilizations and
other Target Zero enforcement activities.
5. Promote training in local region for Iaw enforcement participants. (webinars, AR|DE. ORE, traffic safety
classes, etc)
O. Increase law enforcement officers understanding of strategies for HVE narnpoigna, including participation
requirements, expected results and outcomes, and related communications activities.
7. Assist the VVTSC by providing the law enforcement perspective as we develop plans for local and statewide
traffic safety programs.
8. Provide earned media support during VVTSC High Visibility Enforcement mobilizations and other traffic safety
media interests.
9. Communicate via email, telephone, and in person with the VVTSC Statewide LEL. The partnership between
the region LEL and the VVTSC Statewide LEL will enhance the support for the TZM, and promote further
collaboration concerning VVTSC HVE mobilizations and other Target Zero activities.
10. Create and maintain a point of contact list for each law enforcement agency. This list should be used to
disseminate pertinent documents and HVE information.
11. Participate in VVTSC-sponsored or approved professional development conferences or training, and attend
semi-annual TZM/LEL meeting or other development training as assigned or upon approval. (Summary of the
event may be requested by VVTSC)
12. In Target Zero Team regions, the LEL will work with the Target Zero Manager to review local traffic data, plan
operations and assist in the coordination ofthe Target Zero Team HVE.
13. VVTSC will reimburse CONTRACTOR for designated LEL's work as follows:
a. Overtime hours worked serving as VVTSC's LEL — Reimbursement will be paid at the rate of not more than 1.5
times the officer's hourly rate plus CONTRACTOR's contributions to employee benefits including FICA,
Medicare, Worker's Compensation, and unemployment.
b. Incidental costs such as nopying, phone co||s, equipment purchases, etc, must be approved in advance by
WTSC.
c. Equipment may be purchased at the documented hourly rate of the LEL in lieu of overtime. Prior approval for
any equipment purchases must be obtained in writing from WTSC and such requests shall be accompanied by a
completed time log.
14. VVTSC will reimburse for travel, and training expenseo, as needed, at the state per diem rate. LEL travel must
be pre -approved by the WTSC.
a. No salaries and benefits for the LEL or his/her backfill qualify for reimbursement.
3.1 MILESTONES AND DELIVERABLES
The CONTRACTOR shall meet the milestones and make the deliverables as set forth in this section.
Milestone OR Deliverable DescriptionCompleted by Date
TZM/LEL Meeting (fall) 12/31/2017
TZM/LEL Meeting (spring) 06/30/2018
Final Report 10/15/2018
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Program Highlights and Challenges 10/15/2018
3.2 COMPENSATION
The cost of accomplishing the work described in the SOW will not exceed $2,000.00. Payment for satisfactory
performance of the work shall not exceed this amount unless the Parties mutually agree to a higher amount in a
written Amendment to this Contract executed by both Parties.
3.3 SUMMARY OF CONTRACT COSTS
The costs for the work under the SOW to be provided by the CONTRACTOR or CONTRACTOR'S SUB-
CONTRACTOR
SUMMARY OF COSTS AMOUNT
Employee salaries and benefits: $0.00
Travel (includes in-state and out-of-state travel): $1.500.00
Contract Services (usually involves a 3rd party service provider): $0.00
Equipment (listed in the table below): $0.00
Goods or other expenses (examples: office/printing oupp|ieo, pootaOe, software, conference
registration fees):
Indirect Costs
TOTAL:
$500.00
$0.00
$2'OOO.OD
4. DEFINITIONS:
4.1 As used throughout this Contract, the following terms shall have the meaning set forth below:
4.1.1. 'WTGC" shall mean the Washington Traffic Safety Commission of the state of Washington, any division,
section, office, unit, or other entity of the VVTSC, or any of the officers or other officials lawfully representing that
W7GC.
4.1.2. "AGENT" shall mean the VVTSC Director and/or the delegate authorized in writing to act on the Director's
behalf.
4.1.3. "CONTRACTOR" shall mean the firm, provider, organization, individual, or other entity performing services
under this Contract, and shall include all employees of the CONTRACTOR.
4.1.4."SUB-CC}NTRACTDR"ahaUnloonon*notinth*ennp|nynlontofth*CC}NTRACTOR'vvhoinperfomningaU
or part of those services under this Contract or under a separate Contract with the CONTRACTOR. The terms
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"SUB -CONTRACTOR" and "SUB -CONTRACTORS" means SUB -CONTRACTOR in any tier.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
5. ACTIVITY REPORTS
The CONTRACTOR will submit reports on the activity of this pjontinthefnmnprovidodbvthoVVTSCuaingthe
VVTSC Enterprise Management System (VVEK88) Progress Reporting process or other alternate means pre -
approved by VVTSC. The CONTRACTOR will include copies of publications, training reports, and any statistical
ra'approvedbyVVT8C.The{}ONTRACTORvvi||indudecopieoofpub|icationo.trainingmoporto.ondanyotahotioa|
data generated in pject execution in the reports.
6. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Contract shall be
made by the VVTSC.
7. AGREEMENT ALTERATIONS AND AMENDMENTS
This Contract may be amended by mutual agreement of the Parties in the form of a written Amendment to this
Contract. Such amendments shall only be binding if they are in writing and signed by personnel authorized to
bind each of the Parties.
8. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the Parties
hereto.
9. ASSIGNMENT
The CONTRACTOR may not assign the work to be provided under this Contract, in whole or in part, without the
express prior written consent of the VVTSC, which consent shall not be unreasonably withheld. The
CONTRACTOR shall provide the VVTSC a copy of all third -party contracts and agreements entered into for
purposes offulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state,
and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided
under this Contract include funds from NHTSA, such third -party contracts and agreements must include the
federal provisions set forth in this Contract in sections 35 through 43.
10. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Contract terms, each Party agrees to bear its own
attorney fees and costs.
11. BILLING PROCEDURE
The CONTRACTOR shall submit monthly invoices for reimbursement to VVTSC with supporting documentation
aoVVTGCshaUnyquinm.AUinvoicmohzrrmirnbunsmrnentoho||bmoubnnitteduoingaotondardFomnAr1Sprovidmd
by VVTSC or its pre -approved equivalent. Payment to the CONTRACTOR for approved and completed work will
be made by warrant or account transfer by VVTSC within 30 days of receipt of such properly documented
invoices acceptable to VVTSC. Upon expiration of the Contraot, any claim for payment not already made shall be
submitted within 45 days after the expiration date of this Contract. All invoices for goods received or services
performed on or prior to June 30, 2018, must be received by VVTSC no later than August 10, 2018. All invoices
for goods received or services performed between July 1, 2018, and September 30, 2018, must be received by
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VVTSCnnlater than November 15, 2018.
12. CONFIDENTIALITY 1 SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the VVTSC, or information which may
be classified as confidential, for any purpose not directly connected with the administration of this Contract,
except with prior written consent of the VVTSC, or as may be required by Iaw,
13. COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not paid, and agrees not to pay, any bonus, oornrniooion, brokerage, or
contingent fee to solicit or secure this Contract or to obtain approval of any application for federal financial
assistance for this Contract. The WTSC shall have the right, in the event of breach of this section by the
C<]NTRACT(JF<, to annul this Contract without liability.
14. DISPUTES
14.1. Except as otherwise provided in this Cnntroot, when a dispute arises between the Parties and it cannot be
resolved by direct negotiation, either Party may request a dispute review by the AGENT.
14.2. The request for a dispute review ("Requestor's Statement") must:
14.21. Be in writing.
14.3.2. State the disputed issue(s).
1423. State the relative positions ofthe requester's Party.
14.2.4. State the Designated Contact's name, address, and telephone number.
14.2.5. Be submitted by mail or electronic correspondence (email) to the AGENT and the other Party's
Designated Contact within three working days after the Parties agree that they cannot resolve the dispute.
143. Within five working days after receipt of the Requestor's Statement, the other Party's Designated Contact
shall send a written response to the Requester's Statement to both the AGENT and the requester.
14.4. The AGENT shall review the written statements and provide a resolution reply in writing to both Parties
within 10 working days after receiving the second Party's written response. The AGENT may extend this period if
necessary to allow more time for review or to collect more information from the Parties by notifying both Parties.
14.5. The Parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
148. Nothing in this Contract shall be construed to limit the Parties' choice of a mutually -acceptable alternate
dispute resolution method in addition to or in lieu of the dispute resolution procedure outlined above.
15. GOVERNANCE
15.1. This Contract 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 Contract shall be construed to conform to
those laws.
15.2. In the event of an inconsistency in the terms of this Contract, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Contract
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1523. Any Amendment executed under this Contract
15.2.4. Any GOVVexeuutad under this Contract
15.2.5. Any other provisions of the Contraot, including materials incorporated by reference
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16. INDEMNIFICATION
16.1. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the VVTSC, its
oMivars, ennp|oyaas, and agents, and process and defend at its own expense any and all clainns, danlands, suits
at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against
VVTSC arising out of or in connection with this Contract and/or the CONTRACTOR'S performance or failure to
perform any aspect of the Contract. This indemnity provision applies to all claims against VVTSC, its officers,
employees, and agents arising out of, in connection with, or incident to the acts or omissions of the
C<]NTRACT(JF<, its officers, ennp|nyees, egenta, and subcontractors. Provided, however, that nothing herein
shall require the CONTRACTOR to indemnify and hold harmless or defend the VVTGC, its oOento, ernp|oyeeo, or
officers to the extent that claims are caused by the negligent acts or omissions of the VVTSC, its officers,
ennp|oyeeanrogents;ondprovidedfurtherthotifaunhn|ainnanasu|thnnnthennnnurnentneg|igenmsofhe\the
CDNTRACTOR, its offinors, ennp|oy**s, og*nta, or subcontractors, and (b) the VVTSC, its officera, onnp|oye*a, or
agents, or involves those actions covered by RCVV 4.24.115, the indemnity provisions provided herein shall be
valid and enforceable only to the extent of the negligence of the CONTRACTOR, its officers, employees, agents,
or subcontractors.
16.2. The CONTRACTOR waives its immunity under Title 51 RCWto the extent it is required to indemnify,
defend, and hold harmless the VVTSC, its officers, employees, or agents.
16.3. The indemnification and hold harmless provision shall survive termination of this Contract.
17. INDEPENDENT CAPACITY
The Parties intend that an independent contractor relationship will be created by this Contract. The
CONTRACTOR and his or her employees or agents performing under this Contract are not employees or agents
of the VVTSC. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the
VVTSC or of the state of Washington by reason hereof, nor will the CONTRACTOR make any claim of right,
privilege, or benefitthatwould accrue to such employee underlaw.Conduct and control ofthe work will be solely
with the CONTRACTOR.
18. INSURANCE COVERAGE
18.1. The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by
18.2. If the CONTRACTOR is not required to maintain insurance in accordance with Title 51 RCW, priortothe
start of any performance of work under this Contract, the CONTRACTOR shall provide VVTSC with proof of
insurance coverage (e.g., vehicle liability insuronnm, private property liability inourance, or commercial property
liability inouranue), as determined appropriate by VVTSC, which protects the CONTRACTOR and WTSC from
risks associated with executing the SOW associated with this Contract.
19. LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable |ona|, state, and federal |iomnoing, occnmditahon, and
registration requirements/standards necessary for the performance of this Contract. The CONTRACTOR shall
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complete registration with the Washington State Department of R*wanu*, if required, and be responsible for
payment of all taxes due on payments made under this Contract.
20. OVERPAYMENTS AND ASSERTION OF LIEN
In the event that the VVTSC determines that overpayments or erroneous payments were made to the
CONTRACTOR under this Contract, the VVTSC may secure repayment plus interest, if any, through the filing of a
lien against the CONTRACTOR's real property or by requiring the posting of a bond, assignment of deposit, or
some other form of security acceptable to the VVTSC, or by doing both,
21. PRIVACY
21.1. Personal information including, but not limited to, "Protected Health Information," collected, used, or
acquired in connection with this Contract shall be protected against unauthorized use, disclosure, modification, or
loss. CONTRACTOR shall ensure its directors, officers, employees, sub -contractors, or agents use personal
information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR agrees not to,
and will ensure that its sub -contractor's do not, release, divu|ge, pub|inh, transfer, sell, or otherwise make known
to unauthorized persons personal information without the express written consent of the WTSC, or as otherwise
required by law, including as required under RCVV42.50 Public Records Act.
21.2. Any breach of this section may result in termination of the Contract and the demand for return of all
personal information. The CONTRACTOR agrees to indemnify and hold harmless the VVTSC for any damages
related to the CONTRACTOR'S unauthorized use of personal information,
22. PUBLICITY
The CONTRACTOR agrees to submit to the VVTSC all advertising and publicity matters relating to this Contract
wherein the VVTSC's name is mentioned or language used from which the connection of the VVTSC'S name may,
in the WTSC'S judgment, be inferred or implied. The CONTRACTOR agrees not to publish or use such
advertising and publicity matters without the prior written consent of the VVTSC.
23. RECORDS MAINTENANCE
23.1. During the term of this Contract and for six years thereafter, the CONTRACTOR 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 lawAll books, p000rdo, doournenbs, and other material relevant to this Contract will be retained for
six years after expiration. The Office of the State Auditor, federal auditors, the VVTSC, and any duly authorized
representatives shall have full access and the right to examine any of these materials during this period.
23.3. If any |idgadon, claim, or audit is started before the expiration of the six year pehod, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.
24. RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the VVTSC or any of its offimara, 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 Contract. The
CONTRACTOR shall make available information necessary for VVTSC to comply with the right to occmso, annend,
and receive an accounting of disclosures of their Personal Information according to the Health Insurance
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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 CONTRACTOR shall upon request make
available to the VVTSC and the U.S. Secretary of the Department of Health and Human Services all internal
policies and procedunyo, books, and records relating to the oahnguarding, use, and disclosure of Personal
Information obtained or used as a result of this Contract,
25. RIGHTS IN DATA
25.1. VVTSC and CONTRACTOR agree that all data and work products (collectively called "Work Product")
pursuant to this Contract shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et
seq., and shall be owned by the state of Washington. Work Product inn|udea, but is not limited to, nsporta,
docunnontn, 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, diothbubo, prepare derivative vvorko, publicly
perfomn, publicly display, and the ability to otherwise use and transfer these rights.
25.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the
CONTRACTOR assigns and transfers to VVTSC the entire right, title, and interest in and to all rights in the Work
Product and any registrations and copyright applications relating thereto and any renewals and extensions
thereof.
25.3. For Work Product delivered under the Contract that incorporates pre-existing materials not produced under
the Contract, CONTRACTOR hereby grants to the VVTSC a nonexclusive, royalty -free, irrevocable license in
such materials to trano|abo, repnodumm, diothbute, prepare derivative vvorko, publicly perfornn, publicly display,
sub -license to others, and otherwise use such materials. The CONTRACTOR warrants and represents that
CONTRACTOR has all rights and permissions, including intellectual property rights, moral hOhtn, and rights of
publicity, necessary to grant such a license to the VVTSC. The VVTSC shall have the right to modify or remove
any restrictive markings placed upon the data by the CONTRACTOR.
25.4. The CONTRACTOR shall provide VVTGC prompt written notice of each notice or claim of infringement
received by the CONTRACTOR with respect to any Work product delivered under this Contract.
255. The CONTRACTOR may publish, at its own expense, the results of projectject activities without prior review by
the VVTGC, provided that any pub|inedono, including xvrbban, visual, or sound, contain acknowledgment of the
support provided by NHTSA and the VVTGC. The CONTRACTOR shall disclose any discovery or invention
derived from work performed under this pject within a reasonable time after it is made to the VVTSC, who will
determine through NHTSA whether NHTGAorVVTGC will seek patent protections pursuant to Title 35 USC, how
any rights will be adnninintered, and other actions required to protect the public interest.
26. 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 Contract and prior to completion of the SOW under this Contract, the VVTSC may terminate
the Contract under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement.
The Contract is then subject to renegotiation at the VVTSC's discretion under any new funding limitations or
conditions.
27. SEVERABILITY
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If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid
provioion, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this
Contnoot, and to this end the provisions ofthis Contract are declared to be severable.
28. SITE SECURITY
While on VVTSC premises, the C[)NTRACTOFl, its agents, amouyeas, or sub -contractors shall conform in all
respects with all VVTSC physical, fire, or other security policies or applicable regulations.
29. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses
for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
30. TERMINATION FOR CAUSE
If the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this Contract or violates
any of these terms and conditions, the WTSC will give the CONTRACTOR written notice of such failure or
vin|atinn, and may terminate this Contract immediately. At the WTSC's discretion, the CONTRACTOR may be
given 15 days to correct the violation or failure. In the event that the CONTRACTOR is given the opportunity to
correct the violation and the violation is not corrected within the 15 -day period, this Contract may be terminated
at the end of that period by written notice of the V\/TSC,
31. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, either Party may terminate this Contract, without cause or reason,
with 30 days written notice to the other Party. If this Contract is so terminated, the VVTSC shall be liable only for
payment required under the terms of this Contract for services rendered or goods delivered prior to the effective
date of termination.
32. TERMINATION PROCEDURES
32.1 Upon termination of this Contract, the VVTSC, in addition to any other rights provided in this Contract, may
require the CONTRACTOR to deliver to the VVTSC any property specifically produced or acquired for the
performance of such part of this Contract as has been terminated. The provisions of the "TREATMENT OF
ASSETS" clause shall apply in such property transfer.
32.2. The VVTSC shall pay the CONTRACTOR the agreed-upon price, if separately obated, for completed work
andomrvimysacoeph:dbvthmVVTGC.andthearnountoOmyeduponbytheCONTRACTORandthmVVTSChzr(i)
completed work and services for which no separate price is stated, (ii) partially completed work and serviues, if
appropriate, (iii) other property or services that are accepted by the VVTSC, and (iv) the protection and
preservation of property, unless the termination is for default or for cause, in which case the AGENT shall
determine the extent of the liability of the VVTSC. Failure to agree with such determination shall be a dispute
within the meaning of the "DISPUTES" clause of this Contract. The VVTSC may withhold from any amounts due
the CONTRACTOR such sum as the AGENT determines to be necessary to protect the VVTSC against potential
loss or liability.
32,3, The rights and remedies of the VVTSC provided in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this Contract.
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32.4. After receipt of a notice of termination, and except as otherwise directed by the AGENT, the
CONTRACTOR shall:
32.4.1. Stop work under the Contract on the date, and to the extent specified, in the notice.
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32.4.2. Place no further orders or sub -contracts for nletehe|o, msnimas, or facilities except as may be necessary
for completion of such portion of the work under the Contract that is not terminated.
34.4.3. Assign to the VvrsC. in the manner, at the times, and to the extent directed by the AGENT, all of the
hghts, title, and interest of the CONTRACTOR under the orders and sub -contracts so bymninated, in which case
the VVTSC has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such
orders and sub -contracts.
32.4.4. Resolve all outstanding liabilities and all claims arising out of such termination of orders and sub-
contracts, with the approval or ratification ofthe AGENT to the extent AGENT may require, which approval or
ratification shall be final for all the purposes of this clause.
32.4.5. Transfer title to the WTSC and deliver in the manner, at the times, and to the extent directed by the
AGENT any property which, if the Contract had been completed, would have been required to be fumished to the
W78C.
32.4.6. Complete performance of any such part of the work as shall not have been terminated by the AGENT.
32.4.7. Take such action as may be necessary, or as the AGENT may directfor the protection and preservation
of the property related to this Contract, which is in the possession of the CONTRACTOR and in which the VVTSC
has or may acquire an interest.
33. TREATMENT OF ASSETS
33.1. Title to all property furnished by the WTSC shall remain property of the VVTSC. Title to all property
furnished by the CONTRACTOR for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct
item of cost under this Contract shall pass to and vest in the VVTSC upon delivery of such property by the
CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this
Contraot, shall pass to and vest in the VVTSC upon (i) issuance for use of such property in the performance of
this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii)
reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs.
33.2. Any property of the VVTSC furnished to the CONTRACTOR shall, unless otherwise provided herein or
approved by the VVTSC, be used only for the performance of this Contract.
33.3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results
from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to
maintain and administer that property in accordance with sound management practices.
33.4. If any VVTSC property is |oot, deatnoyed, or damaged, the CONTRACTOR shall immediately notify the
WTSC and shall take all reasonable steps to protect the property from further damage.
33.5. The CONTRACTOR shall surrender to the VVTSC all property of the WTSC upon completion, termination,
or cancellation of this Contract.
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33.6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR's employees,
agents, or sub -contractors.
34. WAIVER
A failure by either Party to exercise its rights under this Contract shall not preclude that Party from subsequent
exercise of such rights and shall not constitute a waiver af any other rights under this Contract.
APPLICABLE CERTIHCATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 CFR PART 1300 APPENDIX A):
35. BUY AMERICA ACT
TheCONTRACTC}RwiUnonnolyviththeBuyAnlericanaquinanlent(23U.S.C. 313) when purchasing items using
federal funds. Buy America requires the CONTRACTOR to purchase only ohme|, iron, and manufactured products
produced in the United Staboo, unless the Secretary of Transportation determines that such domestically
produced items would be inconsistent with the public interest, that such materials are not reasonably available
and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project
contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the VVTSC
must submit a waiver request that provides an adequate basis and justification, and which is approved by the
Secretary of Transportation.
36. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
38.1. By signing this Contract, the CONTRACTOR (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.
36.3. 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.
36.3. The lower tier participant shall provide immediate written notice to the VVTSC if at any time the lower tier
participant Iearns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
36.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, peroon, primary
tier, principal, and voluntarily excluded, as used in this o|auoe, have the meanings set aut in the Definitions and
Covered Transactions sections of 2 CFR part 180.
36.5. The lower tier participant agrees by signing this Contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ine|igib|e, orvoluntarily excluded from participation in this covered transaction, unless
authorized by NHTSA.
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36.6. The lower tier participant further agrees by signing this Contract 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 modhhoahon, in all lower tier
covered transactions and in all solicitations for lower tier covered tronsaotiono, and will require lower tier
participants to comply with 2 CFR part 180 and 23 CFR part 1300.
36.7. 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,
ouopended, ine|igib|e, or voluntarily excluded from the covered tranoaction, 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.
38.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
38.8. Except for transactions authorized under paragraph 38.5. of these inotructiono, 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 or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
36.10. The lower tier participant certifies, by signing this Contnact, that neither it nor its principals are presently
deborred, ousmmnded, proposed for debarment, declared ine|igib|e, or voluntarily excluded from participation in
this transaction by any federal department or agency.
36.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such
participant shall attach an explanation to this Contract.
37. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
37.1.The CONTRACTOR shall:
37.1.1. Publish a statement notifying employees that the unlawful manufacture, diathbudon, diapensing,
p000eooion, or use of a controlled substance is prohibited in the vvorko|aom, and shall specify the actions that will
be taken against employees for violation of such prohibition.
37.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the
workplace; the CONTRACTOR'S policy of maintaining a drug-free workplace; any available drug counoe|ing,
rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for
drug violations occurring in the workplace.
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37.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of
the statement required by paragraph 37.1.1. of this section.
37.1.4. Notify the employee in the statement required by paragraph 37.1.1. of this section that, as a condition of
employment under the grant, the employee will abide by the terms of the statement, notify the employer of any
criminal drug statute conviction for a violation occurring in the workplace no later than five days after such
oonviution, and notify the VVTSC within 10 days after receiving notice from an employee or otherwise receiving
actual notice of such conviction,
37.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 37.1.3. of this
section, with respect to any employee who is so convicted: take appropriate personnel action against such an
ennp|oyee, up to and including ternninotinn, 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.
37.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of
the paragraphs above.
38. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFAJ7\. the CONTRACTOR shall, upon request, provide VVTSC the names and total
compensation of the five most highly compensated officers of the entity, ifthe 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)or15(d)of
the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
39. FEDERAL LOBBYING
39.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
39.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,hoany
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 agreernent, and the extenoion, oontinuahon, renewal, annendrnent, or modification of any federal
contract, grant, loan, or cooperative agreement.
38.1.2.|fany funds other than federal appropriated fundshewabeenpaidnrviUbepeidtnenyperannhor
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 oOnyernent, the undersigned shall complete and submit Standard Forn-LLL, Disclosure
Form to Report Lobbying, in accordance with its instructions.
39.1.3. The undersinedaheUrequimathetUle|enguageofthiamartificadonbeindudedintheevverddocunlents
for all sub -awards at all tiers (including sub'nnntroots, aub-granta, and contracts under grant, |oana, and
cooperative agreements), and that all sub -recipients shall certify and disclose accordingly.
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38.3. 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.G. Code, Any person who falis to file the required certification
oha||beoubieottoacivi|peno|h/ofnot|eoothan$1U.00Oondnotrnonythan81UU.00Ohzreachouchfai|uny.
40. NONDISCRIMINATION
40.1. During the performance of this Contract, the CONTRACTOR agrees:
40.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from tinne to time.
40.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination
law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
40.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the WTSC, US DOT, or NHTSA.
40.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in
thioContraot.theVvrsCwiUhawmthehOhttoirnpooeouchcontractoancdonoaoitorNHT8Adetemnineanm
appropriate, including but not limited to withholding payments to the CONTRACTOR under the Contract until the
CONTRACTOR oornp|imo, and/or nanoeUing, b:rnninatinO, or suspending a contract or funding ognmmrnent, in
whole or in part.
40.1.5. 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.
41 POLITICAL ACTIVITY (HATCH ACT)
TheCONTRACTC}RwiUnonnolyvithprovainnnofbheHatnhAnt(5U.S.C.15O1-15O8).vvhinh|innbthepn|itine|
activities of employees whose principal employment activities are funded in whole or in part with federal funds.
42. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The CONTRACTOR 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 Contract does not include any aspects or elements
of helmet usage or checkpoints, and so fully complies with this requirement.
43. STATE LOBBYING
None of the funds under this Contract will be used for any activity specifically designed to urge or influence a
state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
achvides, 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 officio|o, in accordance with
customary state practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
44. DESIGNATED CONTACTS
The following named individuals will serve oodesignated contaotoforeaohofMhePardeohzraUoommunicohono.
notices, and reimbursements regarding this Contract:
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The Contact for the CONTRACTOR is: The Contact for WTSC is:
Shawn Boyle
shawn.boyle@yakimawa.gov
Edica Esqueda
eesqueda@wtsc.wa.gov
360-725-9886 ext.
45. AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Contract and bind their respective
agencies or entities to the obligations set forth herein
IN WITNESS WHEREOF, the parties have executed this Agreement.
Yakima Police Department
Signature
Printed Name
Title
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Printed Name
Title
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Date
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