HomeMy WebLinkAboutR-2022-064 Resolution authorizing an agreement with the Washington Traffic Safety Commission for high visibility traffic safety emphasis patrolsA RESOLUTION
RESOLUTION NO. R-2022-064
authorizing an agreement with Washington Traffic Safety Commission to
provide pass -through funding from the US Department of Transportation
to conduct high -visibility enforcement traffic safety emphasis patrols.
WHEREAS, the City considers public safety to be an essential obligation and one of its
highest priorities; and
WHEREAS, it is well established that issues such as DUI, distracted driving, and non-
use of seat belts contribute significantly to fatalities and injuries on public roadways; and
WHEREAS, the Washington Traffic Safety Commission (WTSC) has funds available to
reimburse law enforcement agencies for additional costs associated with providing
specific traffic safety emphasis patrols to address these issues; and
WHEREAS, the Yakima Police Department has personnel qualified to conduct emphasis
patrols in conjunction with the WTSC; and
WHEREAS, the Washington Traffic Safety Commission will reimburse the City for
overtime officers incur (up to $82,729) while conducting these emphasis patrols; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
promote enhanced traffic safety within the City by entering into the attached and
incorporated Interlocal Agreement with the Washington Traffic Safety Commission:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Interagency Agreement Between Yakima Police Department & Washington
Traffic Safety Commission to provide funds to conduct specific traffic safety emphasis
patrols within the City.
ADOPTED BY THE CITY COUNCIL this 7th day of June, 2022.
Janice Deccio, Mayor
ATTEST:
Sony - r Tee, City Cl
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
Yakima Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "WTSC," and Yakima Police Department hereinafter referred to as
"SUB -RECIPIENT."
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained
herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows:
1. PURPOSE 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) numbers 20.600 and 20:608, for traffic
safety grant project 2022-HVE-4454-Region 13 Target Zero Task Force, specifically to provide funding for
the law enforcement agencies in WTSC Region 13 to conduct overtime high -visibility enforcement (HVE)
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
SOW with the SUB -RECIPIENT with the goal of reducing traffic crashes.
Grant 2022-HVE-4454-Region 13 Target Zero Task Force was awarded to the Region 13 to support
collaborative efforts to conduct HVE activities. By signing this agreement, the SUB -RECIPIENT is able to seek
reimbursement for approved overtime expenses incurred as a participant in the region's HVE grant.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both 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
SCOPE OF WORK:
Problem and Opportunity Statement / Project Overview
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. Motorcyclists also represent a high number of
injured and killed as a result of unsafe and poorly trained riders and the challenges vehicle drivers face in
observing motorcycles on the road.
This project will fund locally coordinated high visibility enforcement mobilizations for distracted driving and
motorcycle safety. Selected regions will also be given funding for Impaired Driving HVE. Overtime patrols will be
organized by local Target Zero Managers (TZMs) & the statewide Law Enforcement Liaison networks and their local
Target Zero Task Force. 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.
Goal
Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible,
consistent, and targeted traffic law enforcement.
Strategy
Prevent drivers from engaging in high -risk behaviors by increasing their perception of the risk of receiving a
citation through high visibility enforcement campaigns (HVE).
HVE Campaigns influence driver behavior by creating the perception that there is an increased risk of
engaging in risky driving behaviors. This perception is achieved through 1) an increase in media messages
about upcoming emphasis periods so that the targeted drivers know when the patrols will occur and what
will be enforced and 2) drivers have the perception of increased enforcement because they can see a
significant and noticeable increase in law enforcement presence (officers pulling cars over) that reinforces
the media messages they received and influences them to modify their driving behavior.
Objectives and Requirements for All High Visibility Patrols
1. SUB -RECIPIENT will participate in their task force to plan and execute HVE events. The SUB -
RECIPIENT in cooperation with the local task force will:
a. Conduct robust planning for each HVE event. WTSC recommends creating an operational plan
developed by the local traffic safety task force for each HVE event that includes:
i. Goals for the event — For example, what behaviors is the event intended to influence?
ii. Summary of participating law enforcement agencies, target violations, and target
locations.
iii. Summary of the public outreach that will be done to promote the event so that
drivers in the targeted locations are forewarned and can anticipate it.
iv. Use data and information such as crash data, anecdotes of near misses, and
professional judgement to pick target locations where the patrols will occur.
b. The planning for HVE events will be data informed; based on crash data, anecdotal evidence,
and the professional judgement of task force members.
c. Execute the event using multiple officers (a minimum of three) at the same time in the same
target areas to create a visible presence so that the driving public has the perception of law
enforcement omnipresence on the targeted roads. Enforcement is highly visible — clearly
more than a typical day.
d. Participating officers should maximize their contacts during their patrols so that their activity
contributes to the goals of the HVE event. See this requirement described below in the
section called Other Considerations, Exceptions, And Notes Regarding HVE Events.
e. Promote the event through all earned, owned and, if funded, paid media that is available so
that the public is made aware of the event before, during, and after the enforcement takes
place. Translate messages as needed to reach the majority of drivers in the targeted
locations.
f. Invite local media involvement in the effort to reach communities in which HVE will occur.
g•
Strive to actively enforce traffic safety laws focused on collision causing behaviors in priority
areas throughout the year outside of HVE events.
h. Ensure all participating personnel will use the WEMS system provided by the WTSC 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 to review and edit those activity logs.
Ensure all participating personnel will receive a briefing prior to the event so that every
participant understands the purpose and goals of the HVE event. This can be done in person
(preferred) or electronic via telephone or virtual software. Below is a recommended briefing
checklist:
i. Event goals, and summary of participating law enforcement agencies and officers,
target violations, and target locations.
ii. List of on -call DREs and request procedures
iii. How to fill out their digital activity log in WEMS
iv. Information on how the Mobile Impaired Driving Unit will be used (if applicable)
v. Dispatch information
vi. Spotter processes (if applicable)
vii. Available Draeger machines and locations
1.
Ensure all officers participating in these patrols is BAC certified and received and passed the
SFST refresher training.
k. Support the promotion of HVE events utilizing all of their owned media channels (i.e.,
Facebook, Twitter, website, email newsletters, or other social media).
I. Ensure at least one individual available for weekend media contacts, beginning at noon on
Fridays before HVE mobilizations.
Objectives and Requirements for Distracted Driving HVE Patrols
1. SUB -RECIPIENT must use the spotter method for all distracted driving HVE events. This method will
utilize a team of no less than three officers — one spotter identifying violations and at least two
officers responding to violations.
2. Participating officers will document, in the "Comments" box of their activity log, the names of the
spotter and chasers with which they were working.
3. SUB-RECIPEINTS utilizing motorcycle officers are exempt from the spotter requirement.
4. SUB -RECIPIENT agrees that distracted driving patrols conducted without using the spotter method
will not be compensated by the WTSC.
5. SUB -RECIPIENT will only expend funds for these HVE events in support of the national distracted
driving campaign from April 4 to April 11.
6. SUB -RECIPIENT may expend funds outside of the April national campaign, but only when 1) the
Target Zero Manager receives written approval from WTSC in advance and 2) the event is in support
of a distracted driving focused HVE event organized by the Task Force. Patrols conducted outside of
the campaign window, and without pre -approval from WTSC will not be reimbursed.
Objectives and Requirements for Motorcycie Safety HVE Patrols
1. SUB -RECIPIENT will focus on the illegal and unsafe driving actions of all other motor vehicles when
relating to motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely
to a motorcycle, distracted driving, etc.
2. SUB -RECIPIENT ensures 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.
3. The SUB -RECIPIENT will utilize motorcycle officers in these patrols to the fullest extent possible.
4. The SUB -RECIPIENT will only expend funds for these motorcycle HVE events in support of the
following campaigns:
5. It's a Fine Line — (July 8-10, July 15-17, or July 22-24). Note: Patrols must take place Friday, Saturday,
or Sunday during the campaign.
6. Oyster Run Event — Summer 2022 (Region 11 only).
7. ABATE Spring Opener — Summer 2022 (Region 12 only).
8. Hog Wild Ocean Shores Motorcycle Event — Summer 2022 (Region 2 only).
9. Motorcycle HVE Patrols must take place Friday, Saturday, or Sunday during the It's a Fine Line
campaign, however the local Traffic Safety Task Force can request to conduct patrols during other
days in the week if data shows the need for this or for special events. These requests must be sent to
Mark Medalen via email (mmedalen@wtsc.wa.gov) at least one week in advance of the proposed
event. During special events, patrols should be scheduled during the dates of the event and could
start one day before the official event start date and end one day after the official event end date.
Other considerations, Exceptions, And Notes Regarding HVE Events
Maximizing contacts: Participating law enforcement officers should make as many contacts as they can
during their patrol in the spirit of changing driving behavior. Active, visible, consistent, and targeted traffic
law enforcement has an impact on helping to modify driver behavior. A traffic stop affects future driving
habits that has a positive influence on reducing the number and severity of collisions. People believe what
they hear from each other and it influences what they do. Traffic stops act as a deterrent to risky driving
behavior. This strategy has three primary purposes that traffic stops achieve:
• The first purpose is to stop a violation of the law for public safety. Officers will accomplish this
purpose merely by stopping vehicles.
The second purpose of the stop is to serve as a general deterrent to other drivers. Officers' visible
presence with a vehicle at the roadside has this symbolic effect on other drivers.
Finally, the third purpose is to change the drivers' future driving behavior.
Process Measures
Percent of officers that receive a briefing prior to HVE events.
Percent of HVE activity Togs with a start date and end date / time within prescribed campaign windows.
• Percent of stops resulting in an infraction or citations issued for high -risk behaviors including but not
limited to impaired driving, speeding, distracted driving, and aggressive driving.
3.1. MILESTONES AND DELIVERABLES
Mobilization
U Drive. U Text. U Pay.
It's a Fine Line
Dates
April 4 —11, 2022
July 8 — 24, 2022
3.2.COMRENSATION
3.2.1. Compensation for the 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 of the overtime
work shall not exceed this amount unless the WTSC and SUB -RECIPIENT 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 13 traffic safety task force with a fully executed grant agreement are eligible
toparticipate inthis grant.
3�.2'WTSC will reimburse for personnel overtime expenses at150 percent of the officer's normal salary
rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following:
w FICA
• Medicare
• Any portion mfL&|that ispaid bvthe employer (SU0-REC|P|ENT)
• Retirement contributions paid bythe employer (SUB-REC|P|ENT)can beincluded ifthe contribution
isbased mnapercentage oftheir hours worked
Health insurance, or any other benefits not listed above, are not eligible for reimbursement.
The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars,
portable breath testers, etc.) to participate in the emphasis patrols.
3�.3.Funding alterations are permitted asfollows: Upon agreement by the regionalTZMand all other
parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased
without amending this agreement. HVE grant funds should be managed collaboratively by the SUB -
RECIPIENT and the TZM.
These alterations must be requested through email communication among all involved parties,including the
TZM, and the WTSC Fiscal Analyst. This communication shall include an HVE Allocation Adjustment form,
which details the funding alterations. _
Funds within the same HVE campaign budget category only, can be increased and decreased across parties,
so long as the modified total does not exceed the regional total allocation per funding category.
3��These funds, designated for salaries and benefits, are intended to pay for the hourly 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 to
maintain 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
providing SUB -RECIPIENT has received prior approval from their region's TZM. This activity must be overtime
and only the expenses listed in section 3.2 and its subsections will be reimbursed.
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 overtime shifts for longer
than eight hours. WTSC 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 normal hourly rate
and not at the 150 percent overtime rate.
3.3. SUMMARY OF PROJECT COSTS
The WTSC has awarded $32,785.00 to the Region 13 Traffic Safety Task Force for the purpose of
conducting coordinated overtime HVE activities. By signing this agreement, the SUB -RECIPIENT is able to
seek reimbursement for approved overtime expenses incurred as a participant in this grant. All activity
must be coordinated by the region's traffic safety task force and TZM in order to be eligible for
reimbursement.
The funding for Region 13 is as follows:
EMPHASIS PATROL
IDistracted Driving Patrols
(Section 402, CFDA 20.600)
Motorcycle Safety
(164 Funds, CFDA 20.608)
TOTAL
$17,785.00
$15,000.00
$32,785.00
3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be
commingled between categories.
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 WTSC's online grant management
system, WEMS, 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 only 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 WTSC, which consent shall not be unreasonably withheld.
The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into
for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable
federal, state, and 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 up documentation
is required in most cases.
Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for 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 by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon
expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days
after the expiration date of this Agreement. All invoices for goods received or services performed on or prior
to June 30, 2021, must be received by WTSC no later than August 10, 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.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which
may be classified as confidential, for any purpose not directly connected with the administration of this
Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
The SUB -RECIPIENT warrants that it has not paid, and agrees not to 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. DISPUTES
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 SUB-RECIPIENT's appeal shall be
decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The
decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue
performance under this Agreement while matters in dispute are being resolved.
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. 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 of this 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. INCOME
Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications,
registration fees, or service charges) must be accounted for, and that income must be applied to project
purposes or used to reduce project costs.
17. INDEMNIFICATION
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 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, or subcontractors.
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
The employees or agents of each Party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that Party and shall not be considered for any purpose to be
employees or agents of the other Party.
19. INSURANCE COVERAGE
19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required
by law.
19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to
the start of any 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 by WTSC, which protects the SUB -
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
20. 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 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 -RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and
federal officials so authorized by law. All books, records, documents, and other material relevant to this
Agreement will be retained for six years after expiration. The Office 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 of the furnishing Party, unless otherwise agreed. The receiving Party will not
disclose or make available this material to any third Parties without first giving notice to the furnishing Party
and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures
and protections to assure that records and documents provided by the other Party are not erroneously
disclosed to third Parties.
22. RIGHT OF INSPECTION
The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any
other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the
right to access, amend, and receive an accounting of disclosures of their Personal Information according to
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or
revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB -
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
Department of Health and Human Services all internal policies and procedures, books, and records relating
to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this
Agreement.
23. RIGHTS IN DATA
23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product")
pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC
§101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to,
reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs,
films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the
extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare
derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these
rights.
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 in and to all rights
in the Work Product and any registrations and copyright applications relating thereto and any renewals and
extensions thereof.
23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project 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 CONVENIENCE" clause, without the 30-day
notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new
funding limitations or conditions.
25. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision, if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be
severable.
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 -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT.
28. 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 terminate this Agreement immediately. At the WTSC's discretion, the SUB -
RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -RECIPIENT is
given the opportunity to correct the violation and the violation 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 WTSC. 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.
30.3. 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 of the SUB -
RECIPIENT to maintain 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
WTSC and shall take all reasonable steps to protect the property from further damage.
30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees,
agents, or sub -contractors.
31. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300
APPENDIX A):
32. BUY AMERICA ACT
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 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 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 WTSC must submit a waiver request that provides an adequate basis
and justification, and which is approved by the Secretary of Transportation.
33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier
participant") is providing the certification set out below and agrees to comply with the requirements of 2
CFR part 180 and 23 CFR part 1300.
33.2. The certification in this section is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower
tier participant learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, 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 by signing this Agreement 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 ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled
"Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier
participants to comply with 2 CFR part 180 and 23 CFR part 1300.
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Non -procurement Programs.
33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
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.
33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed
for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, the department or agency with which this transaction originated may
disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
33.11. 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 Agreement.
34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103
34.1. The SUB -RECIPIENT shall:
34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that
will be taken against employees for violation of such prohibition.
34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in
the workplace; the SUB-RECIPIENT's policy of maintaining a drug -free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon
employees for drug violations occurring in the workplace.
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 of any criminal drug statute conviction for a violation occurring in the workplace no later than five
days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or
otherwise receiving actual notice of such conviction.
34.1.5. 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 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.
34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
all of the paragraphs above.
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 in federal awards, received $25,000,000 or
more in annual gross revenues from federal awards, and if the public does not have access to information
about the compensation of the senior executives of the entity through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
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
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.
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 of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
36.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant,
loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly.
36.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
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 to
time.
37.1.2. 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.
37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the WTSC, USDOT, or NHTSA.
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 ACT1
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 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.
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 is
supported with NHTSA funds from engaging in direct communications with state or local legislative officials,
in accordance with customary state practice, even if such communications urge legislative officials to favor
or oppose the adoption of a specific pending legislative proposal.
41. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each
communications, notices, and reimbursement regarding this Agreement:
The Contact for the SUB -
RECIPIENT is:
Cpt Shawn Boyle
200 S Third St
Yakima, VVA 98901
The Target Zero Manager for
Region 13 is:
Charlotte Layman
Region 13 Target Zero Manager
clayman@wtscwa.com
509-307-3826
of the Parties for all
The Contact for WTSC is:
Hilary Torres
WTSC Program Manager
htorres@wtsc.wa.gov
360-725-9888
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 WITNE IA/HE OF the parties have executed this Agreement.
Signature
Printed Name
Title
15
Date
CITY CONTRACT NO:
RESOLUTION NO', *-
ZZ,
WASHINGTON TRAFFIC SAFETY COMMISSION
)r)ffn SOYI
Printed Name
—rlY\CAnCL-1)1
Title
"7 lj
Date
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.L.
For Meeting of: June 7, 2022
ITEM TITLE: Resolution authorizing an agreement with the Washington Traffic
Safety Commission for high visibility traffic safety emphasis patrols
SUBMITTED BY: Matthew Murray, Chief of Police
SUMMARY EXPLANATION:
The Washington Traffic Safety Commission has $82,729 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 $82,729) while conducting these emphasis patrols.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
Di Resolution 5/11/2022
❑ agreement 5/11/2022
Type
Resolution
Contract