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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Washington Traffic Safetv Commission
Vendor Number:
ID Edwards Number
Contract Number: P► 3 -P5
This is assigned by City Clerk's Office
Project Name: 2018 - 2019 Target Zero Enforcement Grant
Description: x Interlocal Agreement ❑ Change Order ❑ Amendment Contract
Other:
Contract Effective Date: 10/1/18 Termination Date: 9/30/19
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Sara Wood Department: Police
Contract Amount: $19,100
Approval Authority: Department: Director Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Funding from the Washington Traffic Safety Commission to the Kent Police Department
for funding traffic safety enforcement.
As of: 08/27/14
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W E M,$,,
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
Kent Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "WTSC," and Kent 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 20.616, for traffic
safety grant project 2019-HVE-3267-Kent Police Department, specifically to provide funding for the SUB-
RECIPIENT 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 (LLL) shall coordinate the SOW with the SUB-RECIPIENT
with the goal of reducing traffic-related deaths and serious injuries.
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, 2018, and remain in effect until September 30, 2019, unless terminated
sooner, as provided herein.
3. STATEMENT OF WORK
Note: This statement of work applies only to HVE emphasis areas for which your agency has received HVE
funding.
GOAL: To reduce traffic related deaths and serious injuries through education of impaired driving, occupant
protection, speeding and distracted driving multijurisdictional HVE patrols throughout the state.
SCOPE, OF WORK: The statewide high visibility enforcement patrols are paired with media participation to
engage, deter, and educate drivers about the impacts of making unsafe decisions when driving. Outreach
efforts are supported by the WTSC during statewide HVE campaigns. Regional TZMs also support public
outreach efforts during locally planned HVE events. Below are descriptions of the Scope of Work for each
funding category. The WTSC accepts written requests for moderations to the Scope of Work through the
regional Target Zero Manager.
This grant provides funding for HVE cnlbrccment in a variety of emphasis areas: impaired driving
enforcement, distracted driving enforcement, seat belt use enforcement, flex patrols, motorcycle safety
patrols, 'Target Zero Teams.
HVE Enforcement Plan Requirement:
A IIVE Mobilization Plan is required prior to all HVE activity. The local traffic safety task force and TZM
are responsible for submitting this form to the WTSC HVE Program Manager prior to enforcement activities
begin. This form serves as prior approval for IIVE events and includes the following information:
• Problem statement
• Description of enforcement strategy, including expected law enforcement agencies participating in the
event, target violation, and target locations
• Public outreach strategy
• Evaluation plan
Law enforcement officers will complete an Emphasis Patrol Activity Log within 48 hours of the completion
of the patrols.
Statewide Impaired Driving Enforcement:
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaigns:
• Holiday DUI Patrols — December 12 —January 2
• Drive Sober or Get Pulled Over—August 16—September 3
The DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit
can be realized as determined by the local Traffic Safety Task Force. Except when prior approval is
provided, impaired driving HVE must begin after 6:00 p.m. and will occur Thursday-Sunday.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for impaired driving enforcement and during another national impaired driving
enforcement campaign or other large local event.
This funding can be used to support the professional growth of officers with limited exposure to impaired
driving enforcement. With the approval of the region's TZM and WTSC, officers can participate in
mentoring for impaired driving enforcement. Requirements for this use of funds include the following:
• WTSC approval for impaired driving mentorship is done through the HVE Mobilization Plan.
Approval for mentorship must be received prior to the activity date.
• The training officer must be a Drug Recognition Expert or ARIDE trained.
• T/,Ms can submit a request for an officer who doesn't meet these requirements to be a mentor. This
request must be detailed on the HVE. Mobilization Plan.
• There must be a review of the SFST procedure prior to the enforcement activity.
• There is a limit of 2 times per year that an officer can be a mentec.
• Funds permitting, mentees will participate in at least 1 impaired driving mobilization after completing
mentoring.
• Each region or county-level task force can set additional requirements for participation in this use of
funding.
• To be eligible for this activity, the task force must have a policy for DUI Mentoring.
• Funding will pay for overtime for the mentor officer and the mentec officer.
This funding can be used to conduct premise checks in bars and other establishments that sell alcohol. To be
used for this purpose, the activity must meet the following requirements:
• Approval for this activity is done through the FIVE Mobilization Plan. This plan must be received
prior to the activity date. It should include details such as the estimated number of hours and officers
who will be participating in this activity. It should also include a plan for what officers will discuss
with the premise (Ex. distributing coasters, IIVE dedication materials, mobilization creative, etc.)
• Each establishment is counted as 1 contact on the Officer Activity Log.
• The WA Liquor and Cannabis Board must be notified in advance of this activity to encourage
collaboration and support.
Statewide Distracted Driving Enforcement:
The agency will engage in multijurisdictional FIVE patrols, as part of the national effort, for all or part of the
following campaign:
• On the Road Off the Phone—March 28 - April 14
With the State of Washington's new distracted driving law, these patrols will be important to ensure through
education and enforcement that drivers understand and are following the new law. These patrols shall be
deployed at locations where the data indicates that the most traffic safety benefit can be realized as
determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with
the highest number of past distracted driving violations.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for distracted driving enforcement.
Statewide Seat Belt Use Enforcement:
The agency will engage in multijurisdictional IIVE patrols, as part of the national effort, for all or part of the
following campaign:
• Click It or Ticket—May 13 —June 2
These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can
be realized as determined by the local Traffic Safety Task Force. Whenever possible these patrols shall
occur in areas with the lowest seat belt use.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for scat belt use enforcement.
Flex Patrols:
The local Task Force may coordinate local impaired driving, seatbelt, distracted driving, or speeding HVE,
events during the contract period. Dates of flex HVE events may not coincide with statewide patrol periods.
Dates of local patrols will be reported in advance to the WTSC. Ideally, the HVE mobilization plans for flex
patrols are sent to the WTSC for review at least 2 months prior to the event date. Only enforcement activity
conducted during a pre-approved event will be considered for reimbursement.
This funding can be used to support the professional growth of officers with limited exposure to impaired
driving enforcement. With the approval of the region's TZM and WTSC, officers can participate in
mentoring for impaired driving enforcement. Requirements for this use of funds include the following:
• The activity must be during a Friday or Saturday night.
• WTSC approval for impaired driving mentorship is done through email communication with the
Target Zero Teams WTSC Program Manager. Approval for mentorship must be received prior to the
activity date.
• The training officer must be a Drug Recognition Expert trained officer.
• TZMs can submit a request for an officer who doesn't meet these requirements to be a mentor. This
request must be detailed on the HVE Mobilization Plan.
• There must be a review of the SFST procedure prior to the enforcement activity.
• There is a limit of 2 times per year that an officer can be a mentee.
• Funds permitting, mentees will participate in at least 1 Target Zero Teams or other impaired driving
enforcement mobilization after completing mentoring.
• Each region or county-level task force can set additional requirements for participation in this use of
funding.
• To be eligible for this activity, the task force must have a policy for DUI Mentoring.
• Funding will pay for overtime for the mentor officer and the mentec officer.
This funding can be used to conduct premise checks in bars and other establishments that sell alcohol. To be
used for this purpose, the activity must meet the following requirements:
• Approval for this activity is done through the HVE Mobilization Plan. This plan must be received
prior to the activity date. It should include details such as the estimated number of hours and officers
who will be participating in this activity. It should also include a plan for what officers will discuss
with the premise (Ex. distributing coasters, HVE dedication materials, mobilization creative, etc.)
• Each establishment is counted as 1 contact on the Officer Activity Log.
• The WA Liquor and Cannabis Board must be notified in advance of this activity to encourage
collaboration and support.
Motorcycle Safety Patrols
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
• Motorcycle Safety Patrols—July 5 —21
These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic
safety benefit can be realized as determined by the local Traffic Safety Task Force.
Patrols should focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious
and fatal crashes. 'this includes speeding, impaired riding, and following too closely.
Patrols should also 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.
Whenever possible, AGENCY should include motorcycle officers in these patrols.
Target Zero Teams Patrols:
The agency will engage in impaired driving multijurisdictional FIVE patrols. The DUI patrols shall be
deployed at locations where the data indicates that the most traffic safety benefit can be realized as
determined by the local Traffic Safety Task Force.
Whenever possible the Target Zero Teams patrols shall begin after 4:00 p.m. Only work done on Task
Force/TZM pre-approved dates will be considered for reimbursement. Funds may be used toward impaired
driving training purposes, on a case by case basis. Requests should be made in writing prior to the training,
submitted to the TZM, and approved by the WTSC.
Target Zero Teams funding can be used to support the professional growth of officers with limited exposure
to impaired driving enforcement. With the approval of the region's TZM and WTSC, officers can
participate in mentoring for impaired driving enforcement. Requirements for this use of funds include the
following:
• The activity must be during a Friday or Saturday night.
• WTSC approval for impaired driving mentorship is done through email communication with the
Target Zero Teams WTSC Program Manager. Approval for mentorship must be received prior to the
activity date.
• The training officer must be a Drug Recognition Expert trained officer.
• TZMs can submit a request for an officer who doesn't meet these requirements to be a mentor. This
request must be detailed on the IIVE Mobilization Plan.
• There must be a review of the SFST procedure prior to the enforcement activity.
• There is a limit of 2 times per year that an officer can be a mentee.
• Funds permitting, mcntees will participate in at least 1 Target Zero Teams or other impaired driving
enforcement mobilization after completing mentoring.
• Each region or county-level task force can set additional requirements for participation in this use of
funding.
• To be eligible for this activity, the task force must have a policy for DUI Mentoring.
• Funding will pay for overtime for the mentor officer and the mentee officer.
Standardized Field Sobriety Testing (SFST) Training Requirement:
The agency certifies that all officers participating in these patrols are SFST trained and meet the following
requirement:
• Officer must be BAC certified and have passed the SFST refresher training within the prior three
years, or
• Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement
(ARIDE), or
• Officer must be a certified Drug Recognition Expert.
• For impaired driving HVE mobilizations, there is one additional requirement:
• Officers must have made a DUI/DWI arrest within the past twelve months.
Media Contacts:
All of these patrols are conducted as part of a highly publicized, educational effort. Publicity campaigns
about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations.
The WTSC requests that the SUB-RECIPtlXt posts traffic safety information to their web-based platforms
during statewide and locally coordinated HVE mobilizations. At least one individual must be available for
weekend media contacts, beginning at noon on Fridays before mobilizations.
3.1. MILESTONES AND DELIVERABLES
Mobilization Dates
DU[ Holiday Patrols
December 12 - January 2
Distracted Driving
March 28 - 14
Click It or Ticket
May 13 - June 2
Motorcycle Safety Patrol July 5 - 21
DUI Drive Sober or Get Pulled Over
August 14 - September 2
3.2. COMPENSATION
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
$19,100.00. Payment for satisfactory performance of the overtime 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.
Comp-time is not considered overtime and will not be approved for payment.
3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary rate
plus SUB-RECIPIFNT's contributions to employee benefits, limited to the following:
• FICA
• Medicare
• Any portion of L & I that is paid by the employer (SUB-R.£:C1Pll N'[')
• Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution is
based on a percentage of their 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,
breath testers, etc.) to participate in the emphasis patrols.
3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties
impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without amending
the IAA. IIVE grant funds are managed in a collaborative approach between the sub recipient and the TZM.
These alterations must be documented through email communication between all involved parties, including the
TZM, and the WTSC Fiscal Analyst.
Funds within the same 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.
3.2.4. Up to 40 percent of the statewide enforcement funding can be expended during dates outside of the
designated statewide campaign periods. However, impaired driving funds must be used during another national
impaired driving enforcement campaign or other large local event.
3.3. SUMMARY OF PROJECT COSTS
Fundings break down into the following enforcement categories:
EMPHASIS PATROL
Statewide Impaired Driving Patrols
$3,500.00
(Section 405d, CFDA 20.616)
Statewide Distracted Driving Patrols
$3,500.00
(Section 402, CFDA 20.600)
Statewide Click it or Ticket
$1,100.00
(Section 405b, CFDA 20.616)
Statewide Speeding Patrols
$0.00
Flex Funding (Local DUI, Speed, Distracted, and Seat Belt Patrols)
$2,000.00
(Section 402, CFDA 20.600)
Motorcycle Safety
$4,000.00
(164 Funds, CFDA 20.608)
Target Zero Teams (DUI)
$5,000.00
(Section 405d, CFDA 20.616)
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. PARTICIPATION REQUIREMENTS AND CONDITIONS
For each of the overtime emphasis patrols listed in the Statement of Work, the SUB-RECIPIENT will follow all
protocols detailed in the "Multijurisdictional High Visibility Enforcement Protocols," which will be provided by
the WTSC. Exceptions to these protocols must be pre-approved by the WTSC prior to the emphasis patrol(s).
5. PERFORMANCE STANDARDS
Participating law enforcement officers working overtime hours are expected to make a minimum of three self-
initiated contacts per hour of enforcement the WTSC recognizes that some contacts may result in time-
consuming enforcement-related activities, and these activities are reimbursable. Other activities, such as collision
investigations or emergency response that are not initiated through emphasis patrol contact WILL NOT be
reimbursed.
6. ACTIVITY REPORTS
The SUB-RECIPIENT agrees to have all personnel who work HVE patrols submit an officer Emphasis Patrol
Logs to their regional TZM, or by other approved means, or by other pre-approved means, within 48 hours of the
end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING
PROCEDURE" section.
7. 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.
8. 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 arc 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.
9. 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.
10. 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 NfITSA, such third-party contracts and agreements must include the federal
provisions set forth in this Agreement in sections 34 through 42.
11. 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.
12. BILLING PROCEDURE
The SUB-RECIPIENT shall submit monthly invoices for reimbursement the TZM with supporting documentation,
as WTSC shall require. The TZM will submit all approved invoices to the WTSC via WTSC's online grant
management system within 10 days of receipt.
All invoices for reimbursement include the following:
• Form A-19 provided by WTSC or its pre-approved equivalent. The hourly rate of each officer included on
the invoice must be identified.
• Emphasis Patrol Log for each officer.
• WTSC's Overtime Log or the SUB-RF.CiPIF,NT's overtime approval sheets signed by the officer's
supervisor
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, 2019, must
be received by WTSC no later than August 10, 2019. All invoices for goods received or services performed
between July 1, 2019, and September 30, 2019, must be received by WTSC no later than November 15, 2019.
13. 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.
14. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
15. COVENANT AGAINST CONTINGENT FEES
The SIJB-RECIPTENT 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.
16. DISPUTES
16.1. 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 SIJB-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. "Fhe decision shall be
binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision.
16.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue
performance under this Agreement while matters in dispute are being resolved.
17. GOVERNANCE
17.1. 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.
17.2. In the event of an inconsistency in the terms of this Agreement, or between its terns and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
17.2.1. Applicable federal and state statutes and rules
17.2.2. Terms and Conditions of this Agreement
17.2.3. Any Amendment executed under this Agreement
17.2.4. Any SOW executed under this Agreement
17.2.5. Any other provisions of the Agreement, including materials incorporated by reference
18. INCOME
Any income earned by the SUB-REC[PIENT 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.
19. INDEMNIFICATION
19.1. 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.
19.2. 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.
19.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
20. 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.
21. INSURANCE COVERAGE
21.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required
by law.
21.2. 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 properly 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.
22. 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.
23. RECORDS MAINTENANCE
23.1. During the term of this Agreement and for six years thereafter, the SUB-RE.CIPIIXF 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.
23.2. 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.
24. 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.
25. RIGHTS IN DATA
25.1. WTSC and SUB-RECIPIINT 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.
25.2. 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.
25.3. 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 NIITSA whether patent protections will be sought,
how any rights will be administered, and other actions required to protect the public interest.
26. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. TREATMENT OF ASSETS
32.1. 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.
32.2. Any property of the WTSC furnished to the SUB-RECIPIENI' shall, unless otherwise provided herein or
approved by the WTSC, be used only for the performance of this Agreement.
32.3. 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.
32.4. 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.
32.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination,
or cancellation of this Agreement.
32.6. All reference to the SUB-RECIPIFN ' under this clause shall also include SUB-RECIPIENT's employees,
agents, or sub-contractors.
33. 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):
34. 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.
35. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
35.1. 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.
35.2. 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.
35.3. 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.
35.4. 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.
35.5. 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.
35.6. 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,
35.7. 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.
35.8. 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.
35.9. 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
35.10. 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.
35.11. 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.
36. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
36.1. The SUB-RECIPIENT shall:
36.1.1. 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.
36.1.2. 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.
36.1.3. 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.
36.1.4. 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.
36.1.5. 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.
36.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the
paragraphs above.
37. 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.
38. FEDERAL LOBBYING
38.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
38.1.1. 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.
38.1.2. 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.
38.1.3. 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.
38.2. 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.
39. NONDISCRIMINATION
39.1. During the performance of this Agreement, the SUB-Rl?C1PIIiNT agrees:
39.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time.
39.1.2. 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.
39.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required
by the WTSC, USDOT, or NHTSA.
39.1.4. 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.
39.1.5. 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.
40. POLITICAL ACTIVITY (HATCH ACT)
The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with federal
funds.
41. 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.
42. 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.
43. 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: The Contact for WTSC is:
Jason Bishop Jerry Noviello
jbishop@kentwa.gov joviello@wtse.wa.gov
2538565800 360-725-9897 ext.
44. AUTHORITY TO SIGN
The undersigned acknowledgment that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligation set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Kent Police Department
Signature
Printed Name J (�
C14 o f f o [�'UI
Title
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Printed Name
Title
Date