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HomeMy WebLinkAbout12/06/2022 06.G. Resolution authorizing an agreement with the Washington Traffic Safety Commission for impaired driving emphasis patrols 5l )I BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.G. For Meeting of: December 6, 2022 ITEM TITLE: Resolution authorizing an agreement with the Washington Traffic Safety Commission for impaired driving emphasis patrols SUBMITTED BY: *Matthew Murray, Chief of Police (509) 575-6178 Shawn Boyle, Captain SUMMARY EXPLANATION: The Washington Traffic Safety Commission will provide funds not to exceed $35,000 to compensate officer wages for impaired driving emphasis patrols and advertising for an impaired driving awareness campaign. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type D resolution 11/10/2022 Resolution D agreement 11/10/2022 tract 2 RESOLUTION NO. R-2022- A RESOLUTION authorizing an agreement with the Washington Traffic Safety Commission for impaired driving emphasis patrols. WHEREAS, the City of Yakima has seen a 121% increase in fatality vehicle crashes when comparing the 2020-2021 two-year average to the 2016-2019 four-year average and 35% of those collisions involved impaired drivers, WHEREAS, the Washington Traffic Safety Commission will provide funds not to exceed $35,000 to compensate officer wages for impaired driving emphasis patrols and advertising for an impaired driving awareness campaign, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to sign the attached and incorporated Interagency Agreement between the Washington Traffic Safety Commission and the Yakima Police Department. ADOPTED BY THE CITY COUNCIL this 6th day of December, 2022. Janice Deccio, Mayor ATTEST: Sonya Claar Tee, City Clerk ____ o W �0--- �--���������� ���, __ ........��-I INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Yakima THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTOC." and City of Yakima, hereinafter referred to an "SUB-RECIPIENT." NOW THEREFORE, in consideration 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 follows: 1. PURPOSE gF THE AGREEMENT: The purpose of this Agreement isto provide funding for traffic safety grant project 2O2J'8ub'grantn'4O51-Make |t Home Safe Yakima. 2. PERIOD OF PERFORMANCE The period of performance of this Contract shall commence upon the date of execution by both Parties or October 28, 2022, whichever is later, and remain in effect until June 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 Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB-RECIPIENT must contact the WTSC Program Manager immediately and discuss a potential amendment.All State regulations will apply. 2.1 SCOPE OF WORK 3.1.1 Problem |D and/or Opportunity In Yakima, there was a 121% increase in the fatal crash rate when comparing the two-year average in 2020-2021 to the four-year average of2018'2O10. |n2O2O'2031. there were 88 combined serious injury and fatal collisions. Twenty-four(24or35.2O%) involved impaired drivers. Impaired drivers are involved in a significantly high number of serious injury and fatal collisions in Yakima. Yakima Police Department is looking to increase enforcement, education, and referral to treatment in order to reduce the number of page of13 impaired drivers in the community and to help more persons with chemical dependency issues seek the help they need in order to reduce recidivism. 4 2.1.2 Project Purpose and Strategies The purpose of this project is to address an increase in serious injury and fatal collisions related to alcohol and drug impairment. This project will accomplish this by providing funding to support overtime pay for DUI enforcement and education to the community. Enforcement: (Supports Target Zero strategies: |K4P.2.1. 1K4P.2.4. |K4P.2.S. |K4P.5J) (Supports NHTSA Countermeasure 2.5) The SUB-RECIPIENT will conduct DUI enforcement patrols and provide education within the community. In addition to the county- wide task force emphasis paho|n. OUB'REQP|ENT will select highly motivated and trained officers to work primarily six to might hours shifts during varying days of the week during evening hours focusing on impaired driving related offenses. The officers will make traffic contacts on their own to locate impaired drivers and take over DUI related investigations for patrol officers. The patrol officer will then be able to return to handling csUn for service while the DUI emphasis officer processes the impaired driver. The officers who participate in the patrols will schedule the shifts through the department's traffic sergeant and watch commander. They will attend an informational meeting that will include the expectations from the department while working the DUI emphasis patrol. Officers who work the DUI patrols will have at a minimum the following certifications and trainingn: ^ BACCertification ^ 8FSTTraining `AR|DETraining Officers who have not attended the ARIDE course but would like to participate, overtime funds could be used to send those officers to the training should he or she not be able to adjust their schedule. Participating officers will report all activity through the WTSC provided Digital Activity Log using the VVE[N8nyntem. Chemical Dependency Support: (Supports Target Zero strategy |K4P.1.3) (Supports NMTOA Countermeasure 5.1) The SUB-RECIPIENT will promote the Recovery Navigator Program. Although the Recovery Navigator Program was designed for controlled substances abuse, they are willing to work with the department to provide resources to persons who are arrested for driving while impaired.At the time of an arrest, officers will provide the arrestee with a business card and pamphlet that explains the Recovery Navigator Program to the person. In the event the person would like to reach out to the program at the time of arrest, officers will facilitate the correspondence either with a phone call or email. In addition to providing the initial resources, the SUB- RECIPIENTwiUconhnuetomxp|orowayn0onupportarren0aonan #hoyaddrann #hoirchamica| dmpondancyinnuen. Education and Community Outreach: (Supports Target Zero strategy |K8P.1.0) ThuSUB'REC|P|ENTwiUprovidutrniningnt|oon| nohoo|n. buninennenandoommunih/ eventnthatexp|ainthednngernofimpnired driving and the affects it has on the community. YPD will work with local media and utilize their own department's social media to educate the community and encourage people not to operate their vehicles while impaired. A portion of the requested funding will page 3of13 bu used h provide training and pay overtime for officers hconduct the training h community members. The education provided to the community will bein both Spanish and English. " 3.2 PROJECT GOALS, OBJECTIVES AND MEASURES Gmo| 1 'Provide odedicated DUI Officer to focus wn impaired driving and collision causing violations o minimum mfG daysIshifts per month. Objective Objective Details Completion Date Solicit Officers to volunteer to participate in the Officers must meet the training requirements 11/D1/2O22 project. (AR|DE. BAC. OF8T) to work the DUI detail. Use SECTOR, �&43. andVVT3� Dashboards done CoUactand analyze d�atodiva,�pabn| affo�n. 06/302023 by the YPDAna|yUcn Unit. Parboipa�ngofhoernwiUenter aUpa�o| a��ivi�eointo�onduc�paho|naminimumofnixdmospormonth� 06/30/2023 digital activity logs as directed by the VVTOC. Monitor individual Officer activity ao well aoother Monitoring and review of Officer activity will be D6/3O/2O2J areas such an day and time of patrols. conducted by the L1. and Capt. (VVEK8O. R[N8) Provide alcohol and drug dependency resources to D6/3O/2O2J 1ODY6of offenders during and post arrest. Explore possible brief intervention practices post D6/3O/2O2J arrest. SUB-RECIPIENT will prepare and and deliver a The summary should include results of all objectives quarterly summary of all activities to the VVT8C. 1.1'1.6. including number of DUI arrests and number 06/302023 of collision-causing violation stops made. Reporting MeasureType Target Frequency Average cost of officer time per DUI Quarterly Process 400 Average hours spent processing each DUI Quarterly Process 5 Track the number of self-initiated contacts to alcohol and drug Quarterly Process 1 dependency resources Goal 2 -Conduct a minimum of four community education and outreach efforts per month to include social media. Objective Objective Details Completion Date Create n nooin| media outreach plan with the Yakima Plan may include frequency of posts, content, and 10/31/2O22 page 3of13 PDP|C>. format(type of social, AMA, Officer spotlight, video) Create biUngua| educational materials and outreach 11/O1/2O23 presentations. Conduct presentations with area high schools to O8/3O/2O22 include drive schools and higher education. Approach may include asking employers insocial mediaiftheywmu|dbeopen �ohearingmoveabou� Conduct ou�eaohand possible preoentahonov�th the DUI efforts. 08/20/2022 area employers and community events. Community events may include health fairu, fextiva|u, recruitment events, etc. Spanish language outreach with local media outlets. Radio and Spanish language newspapers 06/20/2023 Reporting MeasureType Target Frequency Number of presentations conducted Quarterly Process 2 Approximate number of people who attended presentations Quarterly Process 20 Number of Spanish language presentations conducted Quarterly Process 2 Number of social media posts made Quarterly Process 8 Number of social media views Quarterly Process 200 2.3. COMPENSATION 3.3.1. The cost of accomplishing the work described in the SOW will not exceed $35,000.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. J.J.2. |fthmOUB'REC|P|ENTintendntocharguindirectcontn. an |ndirectContRatemuntbuentsb|inhmdinoccordancewithVVTOC policies, and an approved cost allocation plan may be required to be submitted to the VVTSC before any performance is conducted under this Agreement. 3.3.3 The SUB-RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the scope of work and for all travel outside of the continental United States. State travel policies (SAA[N Chapter 10) would apply. 2.2.4. |fVVTSCmakentrave| anangementsonbeha|foftheSU&'REC|P|ENT. otatetrave| po|ioieomuntbefo||ovved. See Washington State Administrative &Accounting Manual (SAAM) Chapter 10, which can be obtained at thinvvebnitm: hftpn:0vwnvv.ofm.ws.gov/niten/detau|Uh|un/pub|ic/|egscy/po|icy/1O.htm. If for any reason,this information in not available at this vveboite. 00ntaut the VVTSC office at28O'725'8O8O. 3.3.5.WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-RECIPIENT. If no written page 4of13 policy exists, mtatetnave| pdiciem (SA\M Chapter1C) apply. 3.3.6.WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must provide appropriate documentation (receipts)to support reimbursement requests, including the A-4O Travel Authorization form ifrequired. 3.3.7.All equipment purchased with this grant must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to maintain the equipment, continue to use it for project purposes, and report on its statustoVVTSC each year when requested. 3.3.8. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of$5,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a unit cost of$3DDormore: • Laptops and Notebook Computers • Tablets and Smart phones Small and attractive assets also include the following if they have a unit cost of$1,000 or more: • 0pUcm| Devices' Binoculars, Telescopes, Infrared Viewers, and Rangefinders • Cameras and Photographic Projection Equipment • Desktop Computers (PCo) • Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type) 3.4. SUMMARY OF PROJECT COSTS Employee salaries and benefits Officer overtime and straight time. $30'000.00 Travel $0.00 Contract Services Media buy $5'000.00 Goods and Services $0.00 Equipment (listed below) $0.00 Indirect Costs $0.00 TOTAL $35'000.00 Salary/Benefits: $30'000.00 Officer overtime and Officer straight time tm conduct impaired driving enforcement patrols. Impaired driving training im allowable but must be pre-approved by the VVTSC Program Manager. Contract Services: $5'000.00 Media purchases to include but not limited Lm localized PSAs, print education materials, paid advertising, registration fees for page 5ufi2 community events. Media will be transcreated and focused outreach to the Spanish speaking population. Any additional media outreaohnot|istedoanbevequestedandapprovedbytheVVTSCPvognumManager. u VVTOC reserves the right to move funds between budget categories upon request. APPLICABLE STATE TERMS AND CONDITIONS: 4.AOJ|V|TY REPORTS The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by the VVTSC using the VVTSC Enterprise Management System (VVEMS) Progress Reporting process or other alternate means pre-approved byVVTSC. The SUB- RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the reports. The final report will be submitted to VVTSC within 30 days of termination of this Agreement. VVTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5.ADVANCE PAYMENTS PROHIBITED NopaymentsinadvanoeoforinantioipahonofgoodsornemioestobepvoxidedunderthisAgreementnhaUbemadebydheVVTSC. G.AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7.ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8.ASS|GNK8ENT 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 SOVV. Such third-party contracts and agreements must follow applicable state and local |am, including but not limited to procurement|aw, ru|os, and procedures. 9.ATT[]BNEYB' FEE5 |n 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 The SUB-RECIPIENT shall submit monthly invoices for reimbursement toVVTSC with supporting documentation anVVTSCshall require.All invoices for reimbursement shall be submitted through the VVEMS invoicing process, or via alternate method if approved by VVIFSC. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by VVTSC within 30 days of receipt of such properly documented invoices acceptable to VVTSC. Upon expiration of the 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, must be received by VVTSC no later than August 10 of the same calendar year.All invoices for goods received or services performed between July 1 and September 2O. must be received byVVTSC no later than November 10 of the same calendar year. VVTSC reserves the right to delay the processing of invoices until activity reports required by Section 4of this agreement, are received and approved. page6of13 11. CONFIDENTIALITY/SAFEGUARDING KjFINFORMATION n The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the VVTSC. orao may be required bylaw. 12. COST PRINCIPLES Costs incurred under this Agreement shall be governed by the laws of the State of Washington. 13. COVENANT AGAINST CONTINGENT FEES The OUB'REC|P|ENT 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 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. D|8PUTES 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. 142. Performance During Dispute. Un|unn otherwise directed by VVT8C. the SUB-RECIPIENT nhnU continue performance under this Agreement while matters in dispute are being resolved. 14.3. |n the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation 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. 15. GO\/ERNANCE 15.1. This Agreement io 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 1522. Terms and Conditions of this Agreement 15.2.J. Any Amendment executed under this Agreement 15.J.4. Any SOW executed under this Agreement 152.5. Any other provisions of the Agreement, including materials incorporated byreference 16. |NCOK8E AnyincomoeamedbythoSUB'REC|P|ENThomtheconductofthm8OVV(o.g.. na|oofpub|icahonn. rogistradonfeen. ornomice charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. |NOEK8N|F|CAT|[)N page 7of13 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 equiW, actions, pona|dmn. |onnmn. damagen. orcostsofwhatsooxarNnd (^daimnlbmughtagainstVVT8Cahningoutoforinconnaodonwhhthin 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 horeinohaUrequirethe3UB'REC|P|ENTtoindemnifyandho|dharm|e000rdohenddhoVVT3C. itaagentm. emp|oyoeo. orofhoemto the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided furtberthatifnuchdaimsranu|thomthaconcunentneg|igancaof(a)theSUB'REC|P|ENT. itnoMicarn. mmp|oyomn. agontn. oontm/tom, or subcontractors, and (b)the VVT3C. its ofhoero, emp|oyeeo, o, agentm, or involves those actions covered by RCVV 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB- RECIPIENT, its ofhcern, mmp|oyoan, agmnts, contractors, or subcontractors. 17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, oron behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the 8UB' REC|P|ENT. bynnutus| ne0odation. hurubywoivmnwithrunpect toVVTOC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCVV. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 1O. 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. i9. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCVV. Industrial |nuuranoe, if required by law. 19.2. If the SUB-RECI PIENT is not required to maintain insurance in accordance with Title 51 RCVV. prior to the start ofany performance of work under this Agreement,the SUB-RECIPIENT shall provide VVTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate byVVTOC. which protects the OUB'REC|P|ENT and VVTOC from risks associated with executing the SOW associated with this Agreement. 2O. LICENSING,ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable |ooa|, state, and federal |ioenuing, aooreditahon, 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 bmsubject to inspection, review, or audit by authorized personnel of the VVT8Cand the Office of the State Auditor. All bookn, reoovds, doouments, and other material relevant tothis Agreement will be retained for nix years after expiration. The Office of the State Auditor,the VVTSC, and any duly authorized representatives shall have full access and the right h examine any of these materials during this period. page 8of13 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party,will rwain 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. 23. RIGHT OFINSPECTION ThoSUB'REC|P|ENTnhaUprovidmrightofaccosstoitsfaci|ihentothoVVTSCoranyofitnofhcern. ortoanyo#herauthorizedagent or official of the state of Washington, at all reasonable times, in order to monitor and evaluate perfbrmanoe, oomp|ianoe, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to accann, amand, and receive an accounting of disclosures of their Personal Information according tothe Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the H|PAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the VVTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 2%. RIGHTS |NDATA J2.1.VVTSCandSUB'REC|P|ENTagreedhataUdataandmorkpvoducts (ooUeodve|yoaUed 'WorkPvoduot^) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17USC §101 utnuq.. and shall be owned bythe state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to oopyright, register the copyright, dinthbutu, 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, providedthzkanypub|ioationn (whtten. vioua|. ornound) oontainauknow1edgmentofthesupportprovidedbyVVTSC. Anydinoovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine whether patent protections will be sought, how any rights will be admininturud, and other actions required to protect the public interest. 24. SAV|NGS In the event funding 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 VVTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE"o|auoe, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WT8C'n discretion under any new funding limitations o, conditions. 25. SEVERA0L|7y 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 hbeseverable. page 0of13 2G. SITE SECURITY 12 While on VVTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all VVTSC physical, fire, or other security policies and applicable regulations. 27.TAXB8 All payments of payroll taxes, unemployment contributions, any other taxes, insurance, o,other such expenses for the SUB- RECIPIENT ori\sutaffxhaUbedheuo|eveuponoibi|ityoftheSUB'REC|P|ENT. 2D.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 VVTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the VVTOC'n discretion, the SUB-RECIPIENT may be given 15 days tocorrect the violation or failure. |n the event that the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- dayperiod. thinAgrmumentmaybebarminatednt the end of that period by written notice of the VVTSC. 2S. 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. 3O.TREATMENT [)FASSETS 2O.1. TidetoaUpvopertyfurniohedbytheVVTSCshaUremainpropertyoftheVVTSC. Tit|etoaUpmpertyfuminhedbydheSUB' REQP|ENT for the cost of which the SUB-RECIPIENT in entitled to be reimbursed an a direct item of cost under this Agreement shall pass to and vest in the VVTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which inreimbumab|etotheSUB-REC|P|ENTunderthinAgveemenLohaUpanntoandventintheVVTSCupon (i) ioouanoeforuoeofsuoh 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 VVTOCin whole orin part, whichever first occurs. 3O.2. Anypropertyof#heVVT8Cfuminhmdto #hoSUB'REC|P|ENTnhaU. un|mnnothomvineprovidmdhereinorapproxadby#ho VVT3C. 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 VVTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the OUB'REC|P|ENT h 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 VVTSC and shall take all reasonable steps to protect the property from further damage. JO.5. ThuOUB'REC|P|ENTnhaUnurnendertotheVVT8CoUpropmdyofthmVVT8Cuponcomp|udon.barminadon. orcancmUadonof this Agreement. 30.G. All reference to the 3UB'REC|P|ENT under this clause shall also include 3UB'REC|P|ENT'n employees, agents, o,sub- contractors. 31.VVA|\/ER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such page 10of12 rights and shall not constitute a waiver of any other rights under this Agreement. 13 32. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties far all communications, notices, and reimbursements regarding this Agreement: The Contact for the SU:--ECIPIENT is-. The Contact for TSC is-. Shawn Boyle Anthony Bledsoe shawn.boyle©yakimawa.goy abledsoe©wtsc.wa.goy 509-728-4541 360-725-9860 ext. 33.AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF,the parties have executed this Agreement. City of Yakima Signature Bob Harrison Printed Name City Manager Title Date WASHINGTON TRAFFIC SAFETY CONIMISSION Signature Printed Name page 11 of 12 14 Title Date page 12 of 12