HomeMy WebLinkAboutR-2022-125 Resolution authorizing an interlocal agreement with the Washington Traffic Safety Commission for funding a Law Enforcement LiaisonRESOLUTION NO. R-2022-125
A RESOLUTION authorizing an Interlocal Agreement with the Washington Traffic
Safety Commission for funding a Law Enforcement Liaison.
WHEREAS, the Law Enforcement Liaison program provides an opportunity to
work with state and local organizations to develop and implement statewide initiatives
focusing on traffic safety education and law enforcement; and
WHEREAS, the Washington Traffic Safety Commission will provide 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 City Manager is hereby authorized and directed to sign the attached and
incorporated Interagency Agreement between the Washington Traffic Safety
Commission and the Yakima Police Department.
ADOPTED BY THE CITY COUNCIL this 20th day of September, 2022.
Janice
ATTEST:
Sonya Claar Tee, City Clerk
6
eccio, Mayor
INTERAGENCY AGREEMENT
BETWEENTHE
Washington Traffic Safety Commission
AND
Yakima Police Department
THIS AGREEMENT iomade and entered into byand between the Washington Traffic Safety Commission, hereinafter referred b» as
"WTSC," and Yakima Police Department, hereinafter referred to as "SUB -RECIPIENT.'
NOW THEREFORE, in considerabon of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions,
covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as
tPURPOSE OFTHE 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 Listing/Catalog of Federal Domestic Assistance
(CFDA)#2O.GOO.for traffic safety grant project 2823-Swb-Onants'4754'Regimn13LEL-Yakimm.
2.PERIOD OFPERFORMANCE
The period of performance of this Agreement shall commence upon'the date of execution by both parties, butnot earlier than
October 1, 2022, and remain in effect until September 30, 2023 unless terminated sooner, as provided herein.
3. STATEMENT OF WORK
The SUB -RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statementof Work (SOW). If
the SUB -RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB -RECIPIENT must contact theVVTSC
program manager immediately and discuss a potential amendment. All Federal and State regulations will apply.
31SCOPE DFWORK
311 Problem |Dand/or Opportunity
The Law Enforcement Liaison (LEL) program provides an opportunity for the WTSC to work with local law enforcement agencies to
develop and implement statewide initiatives focusing on traffic safety education and culture change at the local level. The frequency
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Commission's (WTSC) mission of building partnerships to save lives and prevent injuries on our roadways for the health, safety,
and benefit of our communities. The LEL program provides the conduit to make those connections while helping the VVTSC and
local coordinators implement agency strategies.
3.1.2 Project Purpose and Strategies
The purpose of this project is to increase law enforcement participation in traffic safety enforcement and to serve as a resource for
local law enforcement agencies for other WTSC supported programming.
This project supports the effectiveness of many other WTSC-funded projects, particularly those that involve law enforcement
activity.
3,2 PROJECT GOALS, OBJECTIVES AND MEASURES
Goal 1 - The SUB -RECIPIENT will appoint a commissioned officer with traffic enforcement expertise and interest serve
in the role of Law Enforcement Liaison (LEL) for the WTSC region by October 15, 2022.
Objective Objective Details Completion Date
Identify a commissioned law enforcement official to
serve in the role of LEL.
10/15/2022
Goal 2 - Support traffic safety activities in the region by leveraging relationships and credibility as a traffic safety
professional.
Objective
Objective Details
Provide leadership to the regional traffic safety task Lead the task force in collaboration with the regional
force. Target Zero Manager (TZM).
Support TZM in planning and executing HVE
campaigns throughout the year.
Recruit agencies to participate in traffic safety
Review and provide feedback for activity logs.
Develop relationships with leaders in all law
enforcement agencies in your region and work to
recruit their participation in traffic safety events, such
as HVE and other grant -funded projects done in the
region.
LELs have access to review enforcement activity
using VVTSC's VVEMS online grant management
system. The LEL will provide feedback to TZM and
officers if activity doesn't meet task force standards.
Completion Date
09/30/2023
09/30/2023
09/30/2023
09/30/2023
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Percent oflaw enforcement agencies that participated )ntraffic safety
Percent of law enforcement agency leaders contacted within the region
otleast 1time.
Reporting
Type Ts/Bet
Frequency
Annual Outcome 100
Annual Process 108
Goal 3^Attend mtleast 20*TSCapproved training events ioFFY3O23.
Objective
Attend etleast one LEL/TnaffiuSafety Champion
event in FFY2023,
Objective Details Completion Date
biscritical that LELahave the knowledge and skills
tobeetrusted leader in traffic safety to their peers in
the region. They should seek training opportunities ko
stay at the cutting edge of the field.
�nmmppn�vo|�quh���om��nd����inQeve��
At�nd�her��nlngovon��atincrease �eLEL'u .
skills and knowledge intraffic safety and leadership.
Fo,nan'VVTGO led tnuin|mOs. LELviU provide an
after -training summary that describes how learned
skills and information will be used inthe field.
09/3O/2O23
Measure
Number of training events attended.
Reporting
Frequency
Type Target
Process 2
3.3.COMPENSATON
3.3.1 . The cost of accomplishing the work described in the SOW will not exceed $3.000.00.Paymant for satisfactory performance nY
the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this
Agreement executed by both parties.
3.32|fthe SUB -RECIPIENT intends tncharge indirect costs, anIndirect Cost Rate must beestablished maccordance with VVT3C
policies, and a federally -approved cost allocation plan may be required to be submitted to the WTSC before any performance is
conducted under this Agreement.
3.8.3The SUB -RECIPIENT must submit a travel auUhohzodonform (\~40hmrequest approval for any travel not defined inthe
scope of work and for all travel outside of the continental United States, State travel policies (SAAM Chapter 10) would apply.
3,14. If WTSC makes travel arrangements on behalf of the SUB -RECIPIENT, state travelpolicies must bofollowed. See
Washington State Administrative & Accounting Manual (GAAK4)Chapter 1Uwhich can beobtained ak8hinwwbuda
https-,//www.ofm.wa.gov/sites/defau[ttfiles/public/legacy/policy/10,htm. If for any reason, this information is not available at this
page 3of14
weboite.contact the VVTGCoffice sd388-725-0880.
3.3-6.VVTGCwill reimburse travel related expenses consistent with the written travel policies ufthe 8UB-REC|P|ENTIfnowritten
policy exists, state travel policies (SAAM Chapter 10) apply.
8.3.0.VVTSCwill only reimburse the SUB -RECIPIENT for travel related expenses for travel defined inthe scope ofwork and budget
orfor which approval was expressly granted. The SUB -RECIPIENT must provide appropriate documentation (naueipts)hosupport
reimbursement requests, including the A-40 Travel Authorization form if required.
3L17.Any equipment that will bmpurchased under this agreement with apurchase price over $5.QOOmust bepre-approved by
MHTSAprior topurchase. Pre -approval must also begained iffunding from this agreement isused topurchase aportion ofonitem
with epurchase price of$5.U0Oorhigher. Approval for these purchases will be facilitated by VVrSC, WTSC will notify the SUB -
RECIPIENT when approval has been gained or denied, Failure to receive pre -approval will preclude reimbursement. SUB-
RECIPIENTwi||pmWdaVVTSCwidhpurchaoephoo.qoote.mmnufacXuner.dmumiptionofitmuow|otbepnojeot,andducummntudun
showing that it is made in America. Any equipment purchased with NHTSA funds, must be used exclusively for traffic safety
purposes orthe cost must bepno-nahad.
3.3.8.All equipment must beinventoried bythe SUB-REC|P|ENT The SUB -RECIPIENT agrees bomaintain the equipment,
oontinue1ouoeithnrpmojactpuqpmaem.andreportonkumbo$mhuVVTGCoauhyearwhonpnzmpbad.
3.3.9. Equipment is defined as any asset with a useful life greater than one year AND aunit cost of $5,000 or greater, and small and
attractive assets, 8maUandmttrootimmowoetaare#hefo|lowingifthmyaundcoatof$3UOormmne:
° Laptops and Notebook Computers
Tablets and Smart phones
Small and attractive asxet also include the following ifthey have aunit cost of$1OOUormore:
* Optical Devices, Binoculars, Telescopes, Infrared Viewers, andRangefindem
* Cameras and Photographic Projection Equipment
� Desktop Computers (PCo)
* Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type)
3.3]0.SUMMARY OFPROJECT COSTS
BUDGET CATEGORY |
Employee salaries and benefits
Travel
Contract Services
Goods and Services
Equipment (listed below)
I DESCRIPTION
page 4 of 14
Indirect Costs $0.00
TOTAL $3.000.00
VVTSCwill reimburse SUB -RECIPIENT for designated LEL'uwork amfollows:
HnumworkmdaemingasVVTSC'sLEL—Straightdme can be reimbursed atthe officer's hourly rate plus AGENCY'scontributions 0u
employee benefits including FICA, Mmdimane, 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,
KAedicama`VVoder'nCompenootinn,andonernploymmnLAdmeuriptiumofUheaobvitymus1bmdocumentedontbmA-1Q.
Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by WTSC.
|fthe SUB -RECIPIENT requests tospend funds outside the budgeted category, prior approval iarequired, The SUB -RECIPIENT
should let the WTSC Program Manager know they are interested in spending funds in a different category and written approval will
baprovided, nocost adjustment necessary.
VVTSC 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 (mEMG) Pnzgrmoy Reporting process or other oMemeko means pre -approved by VVTSC. The SUB -
RECIPIENT will include copies of publications, training repods, and any statistical data generated in project execution in the reports.
The final report will be submitted to VVTSC within 30 days of termination of this Agreement. VVTSC emomes the right to delay the
processing ofinvoices until activity reports are received and approved.
H. 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.
$. 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 bebinding if they are in writing and signed by personnel authofted 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
The SUB -RECIPIENT may not assign the work brbeprovided under this Agreement, inwhole cvinpart, 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, ataha. and local |am, including but not limited to procurement law, nm|oa, and procedures,
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include the federal pnzvisionosetforthinth1aAOroement|naeodona32thnmugh4O.
S-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
f0.BILLING PROCEDURE
The SUB -RECIPIENT shall submit monthly invoices for reimbursement to WTSCwith 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
WTSC within 30 days of receipt of such propedy documented invoices acceptable to WTSC. Upon expiration of the Agreement, any
claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for
goods received or services performed on or prior to June 30, 2023, must be received by WTSC no later than August 10, 2023. All
invoices for goods received or services performed between July 1, 2023, and September 30. 2023, must be received by W`rSC no
later than November 15, 2023, WTSC reserves the right to delay the processing of invoices until activity reports required by Section
4ofthis agreement, are received and approved.
1i-CON ROENTIALKTY/SAPEGUAR0NG 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 phorwritten consent of
the VVTSC^orawmay be required bylaw,
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 federaI financial assistance for this Agreement. The
VVTSCshall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability.
14.O|SPWTES
14.1, Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in
writing bythe VVTGCDeputy Director o,designee. This decision shall bmfinal and conclusive, unless within 10 days from the date nf
the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a whtten appeal to the \/VTSC 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,
142PedonnanceOuhngDiaputo.Un|eoaothepwismdiractedbyVVTGC.theSUB'RBC[P|ENTwhoUcontinuepedormanoeunder
this Agreement while matters in dispute are being resolved.
14.3|nthe event that either Party deems it necessary 0minstitute legal action orproceedings hoenforce any right orobligation under
this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in
Thurston County, Washington.
15iGOVERNANCE
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applicable federal laws. The provisions of this Agreement shall baconstrued 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 beresolved bygiving precedence inthe following order:
15.21. Applicable federal and state statutes and rules
15.22.Terms and Conditions ofthis Agreement
15,2.3.Any Amendment executed under this Agreement
16.2.4.Any SOW executed under this Agreement
15.2.5.Any other provisions ufthe Agreement, including materials incorporated byreference
16LINCOME
Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e,g., sale of publications, registration fees, or service
charges) must beaccounted for, reported hoVVTSC. and that income must beapplied to project purposes mrused \o reduce project
costs.
17.|NDEUNN|FKCATON
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, orcosts ofwhatsoever kind (^daimo~)brought against VVTSCarising out oforinconnection 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, inconnection with, nrincident Nothe 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 bythe negligent acts mromissions of the VVT8C'its officers, employees oragents; 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 VVTSC, 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, mmp|oyewe, agents, contractors, or subcontractors,
172The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action
brought by, or on behalf of, any of its employees or agents in the performance of this agreement, For this purpose, the SUB -
RECIPIENT, by mutual negmt|otion, hereby waives with respect VoVVT5C only, any immunity that would otherwise be available to
it against such claims under the Industrial Insurance provisions chapter 51.12 RCW.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
1H.INDEPENDENT CAPACITY
The employees or agents ofeach party who are engaged inthe performance ofthis Agreement shall continue tobeemployees or
agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
i9LINSURANCE COVERAGE
19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law.
10.2. If the SUB -RECIPIENT isnot required bomaintain insurance inmccondmocawdhThle51 RCVV prior tmthe start ufany
performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g.,
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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
30\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.RECOROS 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 inthe performance ofthe
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 StateAmditor.hadera|mudhora.1heVVTSC.andony
duly authorized representatives shall have full access and the right toexamine any ufthese materials during this period.
21.2. Records and other documents, inany medium, furnished byone party bmthis Agreement Vothe 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 tuthe furnishing party and giving them e reasonable opportunity to naupond. Each party will
utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not
erroneously disclosed tothird 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
oeoeaaaryforVVTGCtocnmp|ywiththwhghkhzacoeoo,ammnd.andreon|veonmuooundngnfdioc|oaumaoftheirPeraona|
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 VVrSC 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 aoaresult ofthis Agreement.
23.RIGHTS |NDATA
23.1, WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "WorkPmdmnr)pursuant tuthis
Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 etneq..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 extant provided by law. Ownership includes the right to uopyhght, register the oopyhgh1, disthbute, prepare
derivative works,, publicly pmrfunn, publicly dinp|ay, and the ability to cdhemvimo use and transfer these rights.
23.2.Kfor any reason the Work Product would not beconsidered awork made for hire under applicable law, the SUB -RECIPIENT
assigns and transfers toVVTSCthe entire right, title, and interest inand tmall rights |nthe Work Product and any registrations and
copyright applications relating thereto and any renewals and extensions thereof.
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233.The SUB -RECIPIENT may publish, atits own expense, the results nfproject activities without prior review bythe VVTGC,
provided that any publications (written, visual, or sound) contain acknowledgment of the support provided byNHT8Aand the
VVTSC. 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 toprotect the public interest.
24. SAVINGS
|nthe 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 VVT&C'ydiscretion under any new funding limitations orconditions.
35. SEWR40LITY
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, ifsuch remainder
conforms bothe requirements ufapplicable law and the fundamental purpose of this Agreement, and tothis end the provisions of
this Agreement are declared tobeseverable.
26. SITE SECURITY
While on V%/TSC 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.
2lTAXES
' 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,
28LTERMINATION FOR CAUSE
Ifthe SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreementovviolates any cfthese
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 VVT8C'adiscretion, the SUB -RECIPIENT may begiven 1Sdays 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-
daypadud.th|oAgnaemeotmayUeVwnninaueUat the end n/that period bywritten notice uf theVvTSC.
29-TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement,without cause orreason, with %Odays
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 fumished by the SUB -
RECIPIENT for the cost of which the SUB -RECIPIENT is enbtled 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 W`FSG 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,
mr(iD)reimbursement ofthe cost thereof bythe VVT8C1nwhole orinpart, whichever first occurs,
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30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the
VVTGC, be used only for the performance of this Agreement.
30J.The SUB -RECIPIENT shall baresponsible for any loss or damage to property of the WTSC which results from the negligence
ofthe SUB -RECIPIENT orwhich results from the failure onthe part cf the SUB -RECIPIENT homaintain and administer that property
|naccordance with sound management practices.
3OA,Kany VVTGCproperty is lost, destroyed, ordamaged, the SUB -RECIPIENT shall immediately notify the VVTGCand shall take
all reasonable steps tuprotect 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
Afailure byeither party toexercise its rights under this Agreement shall not preclude that party from subsequent exercise cfsuch
rights and shall not constitute a waiver of any other rights under this Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23CFRPART 1300APPENDIX A):
32. BUY AMEAICA ACT
The SUB -RECIPIENT will comply with the Buy America requirement (23U�&C�813)when purchasing items using federal funds.
Buy Amehca 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 toaythe "lower tier portiopont")io
providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300.
3I2.The certification inthis section iommaterial representation offact upon which reliance was placed when this transaction was
entered into. Ifkis 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 0mthe VVTSCifsgany time the lower tier participant learns that
its certification was erroneous when submitted or has 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
page 10 of 14
88.5.The lower tier participant agrees bysigning this Agreement that bshall 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, orvoluntarily excluded from participation inthis covered transaction, unless authorized byNHTSA.
33.6� The lower tier participant further agrees bysigning this Agreement that dwill 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 lowertier covered
transaction that it isnot proposed for debarment under 48CFRpart B,subpart 9.4,debarred, suspended, ineligible, orvoluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its pdndpa|a. Each participant may, but is not required to, check the List of parties
Excluded from Federal Procurement and Non -procurement Programs.
38.8.Nothing contained mthe foregoing shall be construed torequire establishment ofasystem ofrecords inorder tarender in
good faith the certification required bythis cJause. The knowiedge 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 33.5. of these instructions, if a participanthxecovered 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 orsuspend
you, mrtake other remedies aaappropriate.
Certification Regarding Deban-nent, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions
3D.1<lThe lower tier participant certifies, bysigning this Agreement, that neither knor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, u,voluntarily excluded from participation inthis traneaonqnbyany federal
department oragency.
3111. Where the lower tier participant is unable to certify to any of the statements /nthis certification, such participant shall attach
an explanation to this Agreement.
34.THE DRUG -FREE WORKPLACE ACT OF19O8(4MU�.C-81U3)
34.1.The SUB -RECIPIENT shall:
34,11.Publish astatement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace, and shall specify the actions that will betaken 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.
page 11 of 14
341.3. Make harequirement that each employee engaged inthe performance ofthe grant be given acopy 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 VVTSC within 10 days after receiving
notice from an employee or otherwise receiving actual notice of such conviction,
34.1.5. Take one ofthe following actions within 30 days of receiving notice under paragraph 341.3. of this section, with respect to
any employee who ixaoconvicted: take appropriate personnel action against such anemployee, uptoand 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 loical 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
3S.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FPATA)
|naccordance with FFATA.the SUB -RECIPIENT shall, upon request, provide VVTSCthe names and total compensation of the five
most highly compensated officers ofthe entity, if the entity inthe preceding fiscal year received 80percent ormore ofits 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 toinformation about the compensation of the senior executives ofthe entity through periodic reports fled
under section 13(a)or15(d)ofthe Securities Exchange Act of1034orsection O1O4nfthe Internal Revenue Code of1080.
36.FEDERAL LOBBYING
36. 1 . The undersigned certifies, to the blest of his or her knowledge and belief, that:
3811.Nmfederal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing orattempting toinfluence anofficer oremployee ufany agency, aMember cf Congress, anofficer mremployee 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 ofany federal loan, the entering into of any ccmparebveagreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
36.1Z|fany funds other than federal appropriated funds have been paid or will be paid toany person for influencing or attempting
toinfluence enoffineroremployee oYany agency, eMember ofCongress, amofficer oremployee ofCongress, oranemployee ofa
Member of Congress in connecbon 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 ofthis certification beincluded inthe 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 transacbon 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 $10O.8QUfor each such failure.
37.NONDISCRIMINATION (Title VI, 42��C. § 2000d etmeq.)
page 12 of 14
37.1.During the performance ofthis Agreement, the SUB -RECIPIENT agrnem�
371.1.Tocomply with all federal nundisohmination laws and regulations, asmay beamended from time totime.
37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federalnon-discrimination law orregulation, au
set forth in Appendix B of 49 CFR Part 21 and herein.
37.1.3.Topermit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC,
37.1A.That, inthe event acontractor/funding recipient fails hmcomply wifthany nondiscrimination provisions inthis Contra ct/fundinA
Agreement, the VTSCwill have the right to impose such contract/agreement sanctions asdmNHTSAdetermine are appropriate,
including but not limited to withholding payments to the contractor/funding recipient under the contractYagreement 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.Tuinsert this clause, including all paragraphs, in every sub -contract and sub-agreementand inevery solicitation for asub-
contract ormub'ognoomwntthatnwomivenhederalfunduuuderUhispmgrom.
3W.POLITICAL ACTIVITY (HATCH ACT)
The SUB -RECIPIENT will comply with provisions ofthe Hatch Act (5U.8.C.1S01'16O8).which limit the political activities of
employees whose principal employment activities are funded in whole or in part with federal funds.
39.PROH|BIT*ON 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 helmetusage cxtocreate checkpoints
that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and
oofully 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.. ''gnauumotu^) lobbying mctividms, with one exception. This does not preclude m 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
ufaspecific pending legislative proposal.
41'DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and
reimbursements regarding this Agreement:
The Contact for the SUB -RECIPIENT is:
Shawn Boyle
shavxn.bov|e@vahimevva.gov
509-728-4541
The Contact for WTSC is:
JenyNoYiello
�]nov|a||a@wteu.vxa.gov
page 13 of 14
4 .AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or en
the obligations set forth herein:
IN WITNESS WHEREOF, the parties have executed this Agreement.
Yakima Police Department
(Les ;:signerl:signatureblcck}
Name ►Robert Harris ri
Title: City Manager
WASHINTON TRAFFIC SAFETY CONII
{'Les, ;signer :signati rebIock}}
lame: Jerry Ncviefo
Title: Program Manager
II'
ION
CITY CONTRACT t
RESOLUTION :
es to
page 14 ct 1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of: September 20, 2022
ITEM TITLE: Resolution authorizing an interlocal agreement with the Washington
Traffic Safety Commission for funding a Law Enforcement Liaison
SUBMITTED BY: Matt Murray, Chief of Police
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
0 resolution
D contract
Upload Date
9/12/2022
9/8/2022
Type
CoN,er Memo
Contract