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HomeMy WebLinkAboutR-2021-168 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 liaisonA RESOLUTION RESOLUTION NO. R-2021-168 authorizing the Chief of Police of the City of Yakima to execute an Interlocal Agreement Between the City of Yakima Police Department and the Washington Traffic Safety Commission for funding a Law Enforcement Liaison. WHEREAS, the Law Enforcement Liaison program provides an opportunity to work with state and local organizations to develop and implement statewide initiatives focusing on traffic safety education and law enforcement; and WHEREAS, the Washington Traffic Safety Commission will provide the funds not to exceed $3,000 to assist in providing a Law Enforcement Liaison to collaborate with local jurisdictions in promoting Target Zero, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Chief of Police of the City of Yakima is hereby authorized and directed to sign the attached and incorporated Interagency Agreement between the Washington Traffic Safety Commission and the Yakima Police Department. ADOPTED BY THE CITY COUNCIL this 14th day of December, 2021. ATTEST: Sonya Claar Tee, City Clerk Jd/ Patricia Byer, Mayor m�x#nomw�-A!mw�����uor� INTERAGENCY AGREEMENT 8ETVVEENTHE Washington Traffic Safety Commission AND The City mfYakima through its Yakima Police Department THIS AGREEMENT is made and entered into by and between the Washington Traffic SafetyCommission, hereinafter referred Vuao "WTSC," and the City of Yakima, through its police department, hereinafter referred to as "SUB -RECIPIENT," NOW THEREFORE, inconsideration of the authority provided to WTSin RCW43.59 and RCW 39.34.terms, conditions, covenants, and performance contained herein, mattached and incorporated and made apart hereof, the parties mutually agree as 1. PURPOSE OF THE AGREEMENT: The purpose ofthis Agreement istnprovide funding, provided bythe United States Department ofTransportation (USD0T)Nationa/ Highway Traffic Safety Administration and allowed under the Assistance Listing/Catalog of Federal Domestic Assistance (CFDA)#20/5nO.for traffic safety grant project 2022-Sub-gmnto-4425-Reginn13 LEL4akima. 2.PERIOD DFPERFORMANCE The period ofperformance ofthis Agreement shall commence upon the date ufexecution byboth parties, but not earlier than October 1, 2021, and remain in effect until September 30, 2022 unless terminated sooner, as provided herein, 3. STATEMENT OF WORK The SUB -RECIPIENT shall carry out the provisions of the traffic safety project described hereaathe Statement ofWork (SJJW). If the SUB -RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB -RECIPIENT must contact the WTSC program manager immediately and discuss a potential amendment, All Federal and State regulations will apply. 3.1SCOPE OF WORK 311 Problem |Dand/or Opportunity The Law Enforcement Liaison (LEL) program provides an opportunity for the WTSC to work with state and local organizations to develop and implement statewide initiatives focusing on traffic safety education and culture change. The frequency of contact with local law enforcement ioimportant to help facilitate their cooperation in achieving the Washington State Traffic Safety Commission's page 1of13 ` (WTSC) mission of building partnerships to save lives and prevent injuries on our roadways for the health, safety, and benefit of our communities. The LBprogram provides the conduit tomake those connections while helping the WTSCand local coordinators implement agency strategies. 3.1.2 Project Goal This project will provide funding for alaw enforcement liaison tnbuild support for traffic safety within their local law enforcement community and be the bridge between the Target Zero Manager and law enforcement, in order to increase traffic safety culture and reduce crashes. 31-3Project Strategies, Objectives, and Measures Project Strategies: The SUB -RECIPIENT will appoint a commissioned officer to serve in the role of Law Enforcement Liaison (LEL)for the local VVTSC region. This LELwill use their role aoerespected law enforcement nffinia|tobui|dsupportoftxafficnafetywhhntheregkma||mm enforcement community. Project Objectives: 1. Support local Target Zero Managers (TZM) in planning and executing High Visibility Enforcement (HVE) campaigns. Support and assist the TZM in holding regional planning meetings for HVE events and make an effort to be at all task force moetingn- 2. Solicit agencies toparticipate inthe VVTSCHVEmobilizations 3. Promote proven traffic safety countermeasures and enforcement strategies. 4� Increase officer commitment and effectiveness during the WTSC HVE mobilizations and other Target Zero enforcement activities. WTSC expects that the LEL will actively engage in the HVE events in their region. 5. Provide support during WTSCHigh Visibility Enforcement mobilizations and other traffic safety media interests. Ensure that o local law enforcement off ioarieavailable for media interviews 'during all task force events. (l Promote training 1nlocal region for law enforcement participants. (wmhnam.Below 10O.SECTOR DUI, AR|DE.DRE.traffic safety classes, etc) Z Increase law enforcement officers' understanding of strategies for HVE campaigns, including participation requirements, activity logs, expected results and outcomes, and related communications activities. 8. Assist the Washington Traffic Safety Commission byproviding the law enforcement perspective anUdevelops plans for local and statewide traffic safety programs. Have agood working knowledge ofthe VVTSCStrategic Highway Safety Plan. {i Communicate via email, telephone, and in person contact with the WTSC Statewide LEL. The partnership between the region LEL and the WTSC Statewide LEL will enhance the support for the TZM, and promote further collaboration concerning VVTSCHVEmobilizations and other Target Zero activities. 10' Create and maintain an up-to-date point of contact list for each law enforcement agency in your region. This list should be used todisseminate pertinent documents and HVEinformation. Participate in WTSC-sponsored or approved professional development conferences or training and attend semi-annual TZM/LEL meetings or other development training as assigned or upon approval. (Summary of the event may be requested byVVTSC) 11. page 2 of 13 Project Performance Measures: WTSC will ask the Regional TZM to provide a performance review at the end of the year. 3.2.MILESTONES, DELIVERABLES, AND PERFORMANCE MEASURES Description 'Completed > |Date Attend FFYetleast one TZM/LELmeeting inFFY2U32, 09/30/2022 Support the coordination ofHigh Visibility Enforcement events (saturation patrols, dedications, 09/30/2022 Home Safe Bor, party intervention psdno|s. OU| warrant roundups, etc) Conduct community outreach (meetings,media, work with other LE agencies, etc) 09130/2022 3.5.COMPENSAT|0N 3.3.1. The cost of accomplishing the work described in the SOW will not exceed $3,000.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed hyboth parties. 3.3�. Ifthe SUB -RECIPIENT intends tocharge indirect costs, anIndirect Cost Rate must baestablished inaccordance vvithVVTSC policies, and a federally -approved cost allocation plan may be required to be submitted to the WTSC beforeany performance is conducted under this Agreement. 3.3.3 The SUB -RECIPIENT must submit a travel authorization form (A-40) to request approval for any travelnot defined inthe scope of work and for all travel outside of the continental United States. State travel policies (SAAM Chapter 10) would apply. ��|fWTSCmokes travel arrangements on behalf of the SUB -RECIPIENT, state travel policies must b*followed. See Washington State Administrative & Accounting Manual (SAAM)Chapter i8which can boobtained at thiswebsite: https://www.ofm.wa,gov/sites/default/files/public/legacy/policy/10,htm. If for any reason, this information is not available at this webnile`contact the «VT8Coffice at88O^725~98OV. 3.3.5.VVT5Cwill reimburse travel related expenses consistent with the written travel policies ofthe SUB-REC|P|ENT Ifnowritten policy exists, state travel policies (SAAM Chapter 10) apply 331lVVT3Cwill only reimburse the SUB -RECIPIENT for travel related expenses for travel defined in the scope of work and budget or for which approval was expressly granted. The SUB -RECIPIENT must provide appropriate documentation (r000pts)1osupport reimbursement requests, including the A-40 Travel Authorization form if required, 3.4. SUMMARY OF PROJECT COSTS SUMMARY OF COSTS :AMOUNT - --- Employee salaries and benefits $0.00 page 3of18 � Travel $3.000.00 Contract Services $0.00 Equipment (listed inthe table below) $0'00 Goods nrother expenses $0.00 |ndirentCosts $0.00 TOTAL $3,000.00 WTSC will reimburse SUB -RECIPIENT for designated LEL's work as follows: HoumwnrkodservinUaoVVTSC'nLEL—Stndghkhmenonboneimbumedat the officer's hourly rate plus AGENCY'scontributions \o employee benefits including FICA, Medicare, Worker's Compensation, and Unemployment. Reimbursement for overtime will be paid at the rate of not more than 1.5 times the officer's hourly rate plus AGENCY's contributions to employee benefits including FICA, Medicare, Worker's Compensation, and unemployment. A description of the activity must be documented on the A~19. Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by WTSC. If the SUB -RECIPIENT requests to spend funds outside the budgeted category, prior approval is required. The SUB -RECIPIENT should let the VVTSCProgram Manager know they are interested |nspending funds |nedifferent category and written approval will boprovided, nncost adjustment necessary. WTSC will reimburse travel expenses to WTSC-requested meetings or training. This will occur outside of the LEL support services budget, APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4.ACTIVITY REPORTS The SUB -RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (NEMG)Progress Reporting process urother alternate means pre -approved hyvYTSC^The SUB - RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the right to delay the processing ofinvoices until activity reports are received and approved. 5.ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. G.AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7.ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon 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 page 4ofi3 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 WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTGCe copy ufall third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9.ATTORNEYS FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees tobear its own attorney fees and no»zx' 1U.BILLING PROCEDURE The SUB -RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by VVT8C�within 3Odays ofreceipt 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, 2022, must be received by WTSC no later than August 10, 2022. All invoices for goods received or services performed between July 1, 2022, and September 30, 2022, must be received by WTSC no later than November 15, 2022. WTSC reserves the right to delay the processing of invoices until activity reports required by Section 4ufthis 'agreement, are received and approved. 11.CON F0ENTLAL[TY/SAFBGU4RD|NG(JFINFORMATION 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 VVTSC.ormomay berequired bylaw. 12COST PRINCIPLES Costs incurred under this Agreement shall adhere toprovisions of2CFRPart 2OUSubpart E. 1%.COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability, 14.0SpUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee, This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The GU8-REC[PUENTaappeal shall badecided inwriting hythe Director mrdesignee within 3Qdays pfreceipt ofthe appeal bythe Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 142. Performance During Dispute. Unless otherwise directed byWTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters indispute are being resolved. 14I}|nthe event that either Party deems dnecessary toinstitute lega|aotinnorpmoeedingntoenfbmeunydghtoToNigeUon under page 5 of 13 this Agreement, the Parties hereto agree that any such action mproceedings shall be brought in the superior court situated in Thurston County, Washington. 15.GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. |nthe event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall beresolved bygiving precedence |nthe following order: 15.2.i.Applicable federal and state statutes and m|eu 15.2�.Terms and Conditions ofthis Agreement 152.3`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 1G.|NCOME Any income earned bythe SUB -RECIPIENT from the conduct of the SOW (e.g,sale of publications, registration fees, orservice charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project 17.|NDEMN|RCATkOYV 17,1.To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the ��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 the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the 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 claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, 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 the SUB - RECIPIENT, its officers, employees, agents, contractors, nr subcontractors. 17.2. The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, urnnbehalf of, any ofits employees uragents inthe performance ofthis agreement. For this purpose, the SUB - RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCVV. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18.INDEPENDENT CAPACITY The employees oragents nfeach party who are engaged in the performance ofthis Agreement shall continue tobaemployees or page 6 of 13 ' ?9.INSURANCE COVERAGE 19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.lIfthe SUB -RECIPIENT 1snot required tomaintain insurance inaccordance with Title 51RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate byVVTSC.which protects the SUB -RECIPIENT and VVTSC from risks associated with executing the SOW associated with this Agreement. 2O.LICENSING, ACCREDITATION, AND REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB -RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment ofall taxes due nnpayments made under this Agreement. 21.REC[]ROS MAINTENANCE 21]- During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books,naoorda, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration, The Off ice of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property ofthe furnishing party, unless 'otherwise agreed. The receiving party will not disclose ormake available this material oany third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond, unless the material is required to be produced pursuant to the Public Records Act, RCW 42.56., et.seq. Records required toboproduced pursuant tothe Public Records Act will not require third party notification. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22.RIGHT OFINSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB -RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure ofPersonal Information obtained or used aaaresult ofthis Agreement. 23.RIGHTS INDATA 23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall baconsidered works made for hire undertheU.S. Copyright Act, lTU8C§1O1etaeq.,and shall beowned bythe state of Washington, Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright,diethbcke, prepare page 7nf13 ' derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.[|ffor any reason the Work Product would not beconsidered awork made for hire under applicable law, the SUB -RECIPIENT assigns and transfers toVVTGCtheenhmhght,1itke,andinteentinondtoal|hghtoin the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, atits own expense, the results ofproject activities without prior review bythe WTSC. provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the VVTBC.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 ioprotect the public interest. D4.SAy|NGS |nthe *w*nfundingfrom state, federal, Vrotheroouumais withdrawn, reduced, nrlimited inanyway aftnrthoeffective date ofthis Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 3Oday notice requirement. The Agreement iosubject tnrenegotiation at the VVTSC'adiscretion under any new funding limitations or conditions. 25.SEVEgAB|L[TY If any provision ofthis Agreement orany provision ofany document incorporated by refernooahaUbeheNinva|id,eochinvo|idhy shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared boheseverable. 28.S[TE SECURITY While cmVVT8Cpremises, 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 nfpayroll taxes, unemployment cnnhibotiono.enyothecbmmsn insurance, cxother such expenses for the SUB - RECIPIENT 28i TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may terminatethis Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- dayp*hod.thinAgreemenimaybeterminatedattheandofthotperindbyxvhttennnboeufthe yVTSC. 39`TERMINATION FOR CONVENIENCE Except eeotherwise provided in this Agreement, either party may terminate this Agreement, without cause orreason, with 30 days written notice tothe other party. |fthisAgreement isooterminated, the VVT8Cshall beliable only for payment required under the terms ofthis Agreement for services rendered or goods delivered prior to the effective date of termination. 30.TREATMENT OFASSETS page 8 of 13 RECIPIENT for the cost owhich the is entitled tobareimbursed as a direct item of cost under this Agreement shall pass k/and vest in the VVT8Cupon delivery ofsuch property hythe GUB'RBCUqENT Title tnother property, the cost ofwhich is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (I) issuance for use nfsuch property inthe performance ofthis Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or(iii)reimbursement ofthe cost thereof bythe VVTSCiowhole orinpart, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein orapproved bythe VVTSC.boused only for the performance nfthis 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 the part ofthe SUB -RECIPIENT tomaintain and administer that property in accordance with sound management practices. 30.4` If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the VVT8Cand shall take all reasonable steps toprotect the property from further damage. 30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, urcancellation of this Agreement. 30]lAll reference totheSUB'REC|P|ENTundor1hisdauseshaUo|nnindudoSUB'RECUP|ENT'semployon» agents, oroub' 31.VVAK/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 awaiver ofany other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS(23 CFRPART 1300 APPENDIX A): 32. BUY AMER|CAACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U,S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT tnpurchase only steel, iron, and manufactured products pnzducodintheUoitedStatee. 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 ofthe overall project contract bymore than 25percent. |norder tnuse federal funds topurchase foreign produced items, the VVT@Cmust submit a'waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 3J.DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 331Bysigning this Agreement, the SUB -RECIPIENT (hereinafter inthis section referred to as the "lower tier participant")is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.LThe certification inthis section ivamaterial representation of fact upon which reliance was placed when this transaction was entered into, 1fhislater detominodthattho|nwerherpmrtiopon1knowinOlymndnmdanennnmou000rtificebon.inedditiontuothor 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 8of13 313 The lower tier participant shall provide immediate written notice tothe WTSC ifatany time the lower tier participant learns that its certification was erroneous when submitted orhas become erroneous by reason of changed circumstances. 33A. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFRpart 10D. 33.5-The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with aperson who isproposed for debarment under 48CFRpart O'subpart Q`4`debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions 'for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Tranaaobmn.°without modification, inall lower tier covered transactions and inall solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300` 317Aparticipant inacovered transaction may rely upon ucertification ofaprospective participant inalower tier covered transaction that hianot proposed for debarment under 48CPRpart Sisubpart 9.4.debarred, suspended, ineligible, orvoluntarily excluded from the covered transaction, unless 1tknows that the certification |oerroneous. Aparticipant may decide the method and frequency bywhich 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. ��Nothing contained inthe foregoing shall beconstrued to require establishment ofesystem of records inorder to render in good faith the certification required by this clause. The knowledge and information ofaparticipant innot required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,oubport 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 Tmn000Unno 33A 0. 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 participationin#his1mnooctionbyooyfedens| department oragency. 3311.Where the lower tier participant is unable to certify to any of the statements in this certification, such participantshall attach onexplanation tothis Agreement. 34. THE DRUG -FREE WORKPLACE ACT OF18O0(4NU`S"C.81UV) 34.1 . The SUB -RECIPIENT shall: 34.1]. Publish astatement notifying employees that the unlawful manufactunedis1 buVnn.diapomdng^poaoaosion.o[uoenfe controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. page 1Oof13 341.2. Establish sdrug-free awareness program tninform onnployoaaaboud1hodanqnsofdmgebunoinMho*wrkp|aue; the SUB- RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1�Make darequirement that each employee engaged in the performance of the grant begiven ocopy of the statement required by paragraph 34.1.1. of this section. 341.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide bythe terms ofthe statement, notify the employer ofany criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from anemployee nrotherwise receiving actual notice ufsuch conviction. 341.5.Take one ofthe following actions within 3Odays ofreceiving notice under paragraph 341.loflhiosoction`wbheopect10 any employee who issoconvicted: take appropriate personnel action against such anemployee, up10and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 341Ii Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs 35.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues infederal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access toinformation about the compensation cf the senior executives ofthe entity through periodic reports filed under section 13(a)or15(d)nfthe Securities Exchange Act of1934orsection 61O4ofthe Internal Revenue Code of 1886' 3GFEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 3611 No federal appropriated funds have been paid orwill be paid, by or on behalf of the undersigned, to any person for influencing nrattempting hoinfluence anofficer uremployee cfany agency, aMember of Congress,onofficer nr employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 3K12.Ifany funds other than federal appropriated funds have been paid or will be paid to any person for influencing mattempting 1ninfluence anofficer oremployee ofany agency, eMember ofCongress, anofficer cvemployee pfCongress, nrunemployee ofe Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL.Disclosure Form ioReport Lobbying, inaccordance widhitn instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards oKall tiers (including oub'oontracto.sub-gxontn.and contracts under grant, loans, and cooperative agreomonts).and that all sub - recipients shal|certifyanddiodose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or page 11 of 13 ` entered into. Submission ufthis certification isoprerequisite for making orentering into this transaction imposed bySection 1852, .^ Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $4O0,OOOfor each such failure. 37.NONDISCRIMINATION (Title VI, 42U��. § 2000detmeq.) 371 . During the performance ofthis Agreement, the SUB -RECIPIENT agrees: 37.1. 1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2.Not toparticipate .directly urindirectly inthe discrimination prohibited by any federal non-discrimination law or regulation, as set forth inAppendix Bof49CFF<Part 21and heroin. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, U8D(}[orNHTGA. 37-1.4-That, inthe event econtractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement,theWTSC 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. 371.5.Toinsert this clause, including all paragraphs, ineveryoub-ounhao and sub -agreement and inevery solicitation for asub- contract maub-agraementthat receives federal funds under this program. 38. POLITICAL ACTIVITY 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 ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB -RECIPIENT will not use 23U.SILChapter 4grant funds for programs 10check helmet usage nrtocreate checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements ofhelmet usage orcheckpoints, and onfully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception, This does not preclude a state official whose salary issupported with NHTSAfunds from engaging indirect communications with state Vrlocal legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of ospecific pending legislative proposal. 41.DES|GNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: page 12of13 The Contact for the SUB -RECIPIENT is: The Contact for WTSC is: Shawn Boyle shawn.boyle@yakimawa.gov 509-728-4541 Jerry Noviello jnoviello©wtsc.wa.gov 360-725-9897 ext. 42. AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Yakima & Yaki a Police Department Signature (..?-1) Orr Printed Name C (no, yla-c)-tr Title s Date WASHINGTON TRAFFIC SAFETY COMMISSION Digitally signed by Jerry Noviello DN: cn=Jerry Noviello, o=Washington Jerry Noviello Traffic Safety Commission, ou, emaiknoviello@wtsc.wa.gov, c=US Date: 2022.02.17 13:14:23 -0800' Signature Printed Name Title Date CITY CONTRACT NOZai - I RESOLUTION NOR-g09•1- 11196 page 13 of 13 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 5.F. For Meeting of: December 14, 2021 Resolution authorizing the Chief of Police of the City of Yakima to execute an I nterlocal Agreement with the Washington Traffic Safety Commission for funding a law enforcement liaison Matt Murray, Chief of Police Chad Stephens, Lieutenant SUMMARY EXPLANATION: The Washington Traffic Safety Commission provides funding for the Law Enforcement Liaison program which provides an opportunity for the Yakima Police Department to work with state and local organizations in developing and implementing statewide initiatives focused on traffic safety education and law enforcement. The Washington Traffic Safety Commission will provide funds not to exceed $3,000 to assist in providing a Law Enforcement Liaison to collaborate with local jurisdictions in promoting Target Zero priorities. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date D resolution 12/2/2021 0 agreement 12/2/2021 Type Resolution Contract