HomeMy WebLinkAboutCAG2017-0405 - Original - Washington Traffic Safety Commission - Multijurisdictional HVE Patrols - 10/01/2017SmartField View
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TI\TE R.AGEI\C Y .AGRE EME I\T
tsET\ryEEN THE
WASTITNGTOI{ TRAFFIC SAF'ETY COMMISSION
.dNÐ
Kerut Folice Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "'WTS C," and Kent Police Department, hereinafter referred to as "SUB-
RECIPIENT."
NOW TIIEREFORE, in consideration of the terrns, condítions, covenants, and performance contained
herein, or attached and incorporated and made a part hereod the Parties mutually agree as follows:
1. PUR.POSE OF TTIE AGR.EEMENT
The purpose of this Agreement is to provide funding, provided by the United States Department of
Transportation (USDOT) National Highway Traffic Safety Administration Q'JHTSA) and allowed under the
Catalog of Federal Domestic Assistance (CFDA) numbers 20.600 and20.616, for traffic safety grant project
2018-HVE-2287-Kent Police Department, specifically to provide funding for the SUB-RECIPIENT to
conduct overtime multijurisdictional high-visibility enforcement (HVE) traffic safety emphasis patrols as
outlined in the Statement of Vlork (SOW), in support of Target Zero priorities. The Target ZeroManager
(TZM) and/or the Law Enforcement Liaison (LEL) 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 Octob er 7,2017 , and remain in effect until September 30, 2018, unless terminated
sooner, as provided herein.
3. ST,ATEMENT' ÛF' WÛR.K
Note: This statement of work applies only in the areas that your agency has received funding for specific
mobilizations
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 WOR-K: 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.
Law enforcement officers will complete an Emphasis Patrol Activify Log within 48 hours of the completion
of the patrols.
Statewide Impaired Ðriving:
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 13 - January I
" Drive Sober or Get Pulled Over - August 17 - September 3
The DUI patrols shall be deployed at locations where the data indicates that the most traffic safefy benefit
can be realized as determined by the local Traffic Safety Task Force. Whenever possible statewide
mobilization patrols shall begin after 4:00 p.m. and will occur Friday-Sunday.
Statewide Seat Belts:
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
. Click It or Ticket - May 14 - June 3
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 iowest seat belt use.
Statewide Distracted Ðriving:
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
. On the Road Off the Phone - April 2 - 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.
Motorcycle Safety Patrols (July 6 - 22)'"
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 motoreycle,
distracted driving, etc.
'Whenever possible, AGENCY shoulcl include motorcycle officers in these patrols.
Targef Zero Teams Fatnols:
The agency will argage in impaired driving multijurisdictional HVE 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
ForcelTZfpre-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.
Flex Patrols:
The local Task Force may coordinate local HVE impaired driving, seatbelt, distracted driving, or speeding
patrols during the contract period. Refer to each section above for the scope of work for each category.
Dates may not coincide with statewide patrol periods. Dates of local patrols will be reported in advance to
the WTSC on a quarterly basis by the county Target ZeroManager. Refer to Exhibit B for patrol plan due
dates. Only work done on Task Force ITZM pre-approved dates will be considered for reimbursement.
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:
n 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 certif,red Drug Recognition Expert'
Media Contacts:
All of these patrols are conducted as part of a highly publicized, educational statewide effort. Publicity
campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these
violations. At least one individual must be available for weekend media contacts, beginning at noon on
Fridays before mobilizations.
3.1. MIL SANDD
Mol¡ilizatiorn !)aÉes
DUI Floliday Fatrols December 13 - January 1
f)istracted Driving Aprrl2 - 14
Click It or Ticket .}l4ay 14 - June 3
Motorcycle Safety Patrol Iuly 6 - 22
DUI Drive Sober or Get Fullecl Over August 17 - September 3
3.2. COMPET{S,ATIÛI{
3.2.X-. 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
$20,600.00. 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. 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. HVE grant funds
^re
maîaged in a collaborative approach between the sub
recipient and the TZM.
3.2.2.L. These alterations must be documented through email communication between all involved parties,
including theTZM, and the WTSC Fiscal Analyst.
3.2.2.2. This communication should include the amount of the revised budget total and the names of the
agencies impacted by the change in that particular mobilization'
3.2.2.3.Funds within the same budget category only, can be increased and decreased across parties, so long
as the modihed total does not exceed the regional total allocation per funding category.
3.3. ST]MMARY OF PR.O.TNCT CÛSTS
Funds break down into the following enforcement categories
EMPHASIS PATROL
Statewide Impaired Driving Patrols
$4,100.00
(Section 402)
Statewide Distracted Driving Patrols
$2,000.00
(Section 402)
Statewide Clicl< it or Ticket
$ 1,500.00
(Section 402)
Statewide Speeding Fatrotrs
$0.00
(Section 402)
Flex Funding (tr ocal DU[, Speed, Distracted, and seat tselt Fatrols)
$4,000.00
(Section 402)
Motorcycle Safety
$4,000.00
(Section 402)
Target Zer o T earns (DUI)
$5,000.00
(Section 405d)
3.3.1. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary
rate plus SUB-RECIPIENT's contributions to employee benefits, including FICA, Medicare, Worker's
Compensation, and Unemployment Insurance. The SUB-RECIPIENT will provide law enforcement officers
withãppropriate equipment (e.g., vehicles, radars, breath testers, etc.) to participate in the emphasis patrols.
3.3.2.The funds issued under this Agreem ent areonly to be used for the specified category and shall not be
commingled between categories.
APPLICABLE STATE AND FEDERAL TERMS A.ND CÛNÐITIONS:
4. P,A.RTICIPATI ON REOUIREMENTS AND CO NDITIOI\S
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 V/TSC prior to the
emphasis patrol(s).
5. PERFORMAN CE ST S
participating law enforcement officers working overtime hours are required to make a minimum of three
selÊinitiated 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 V/ILL
NOT be reimbursed
6" ACT'TVTTV ITEPOFA.TS
The SUB-RECIPIENT agrees to have all personnel who work HVE patrols submit officer Emphasis Patrol
Logs through the Washington Enterprise Management System (V/EMS), 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.,AÐV,ANCE PAVMENTS PR.OFUtsXTÐD
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall
bc rnatlc by the WTSC,
E..A,GREÐMENT A I,TER,ATTCÞNS .ANÐ AMENÐMENTS
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.
I ,A.LT, WR.ITINGS CÛNT.A.XNED 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-parry contracts and agreements entered
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicabie
federal, state, and local |aw, inciuding but not limited to procurement law, rules, and procedures. If any of
the funds provided under this Agreement include funds from NHTSA, such third-party contracts and
agreements must include the federal provisions set forth in this Agreement in sections 32 through 40.
1tr. ATTO 'F'EES
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. BILT,ING PR.OCEÐUR.E
The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. Ail invoices for reimbursement shall be submitted using:
" Form A-19 provided by WTSC or its pre-approved equivaleni
" Emphasis Patrol Log
. Overlime approval sheets signed by the officer's supervisor
payment to the SUB-RECIPIENT for approved and completed work will be made by warrant oÍ account
transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to V/TSC.
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, 2018, must 5e received by WTSC no later than August 10, 2018. All invoices for goods
received or services performed between July 1 ,2078, and September 30, 2018, must be received by WTSC
no later than November 15, 2018.
13. CO ENT T]ARDING OF INFO TION
The SUB-RECIPIENT shall not use or disclose anv information concemins the WTSC. or information
which may be classif,red as conf,dential, for any putpose 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" CÛST FR.INCXPN,ES
Costs incun'ed under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
15" COVEF{AGAEF{ST COI\TXI\GÐ,NT'F'EES
The SUB-RECIPIENT warants that it has not paid, and agrees not to pay, aîy bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for
federal flrnancial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this
section by the SUts-RECIPIENT, l"o arurul this Agreement without liability.
X6. ÐISPUTES
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 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 shail 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 Agreernent 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. Inthe 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:
17,2.1. Applicable federal and state statutes and rules
17.2.2. Terms and Conditions of this Agreement
17.2.3. Aay 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 incoqporated by reference
18. INCOME
Any income earned by the SUB-RECIPIENT from the conduct of the SOV/ (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.
INDEMNIFI
19.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC, its off,icers, employees, and agents, and process and defend at its own expense any and all claims,
demands, suits at iaw or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims")
brought against WTSC arising out of or in corurection 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
ãluitnr 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. emplovees. 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 offltcers, employees,
agents, contractors, or subconffactors, 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, ot
subcontractors.
X9.2. The SUB-RECIPIENT waives its immunity under Title 51 RCV/ to the extent it is required to
indennifii, defend, and holtl hannless the WTSC, its offtcers, employccs, or agents.
Xg"3. The indemnihcation and hold harmless provision shall survive termination of this Agreement.
20. TT{ÐÐPEND CAPACTTV
The employees or agents of each Party who are engaged in the perfotmance of this Agreement shall continue
to be employees or agents of that Party and shall not be considered for any putpose to be employees or
agents of the other Party.
21. INSIJR.,AN CE COVER.AGE
21.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law.
2'1 .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 iiability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
22. I-ICENSIN G. ACCR.EÐITA TION. ÄND R,EGISTRA,TION
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. R.ECORDS MAIN TENANCE
23.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPiENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and
federal officials so authorized by law. All books, records, documents, and other material relevant to this
Agreement will be retained for six years after expiration. The Ofhce of the State Auditor, federal auditors,
th; 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
pafiy,will remain the property of the fumishing 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 opporrunity 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. R.TGÍ{T' OF' {NSPECT{C}N
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, atall reasonable
times, in order to monitor and evaluate performance, compliance, andlor quality assurance under this
Agreement. The SUB-RECIPIENT shall make available information necessary for V/TSC to comply with
tlie 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
Dcpart¡rc¡t of Health and Human Services all intcrnal policies and procedures, books, ancl recorrf s relating
to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this
Agreement.
25. R.EGFTTS IN T}.4.T,4,
25.X. V/TSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work
Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act,
17 USC $ 101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not
limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer
programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, andlor 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.
ZS.Z.Iî 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 refered to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to protect the
public interest.
26. S.AVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
tlie 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, insutance, or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT
30. T'ERMINAT'NON F'CÞR. CAUSE
If rhe 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 tcrmin¿tc this Agreeureut irnmediately. At the WTSC's discretion, the
SUB-RECIPIENT may be given 15 days to conect 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.
3 1. TER.MTNÄT'ION FÛR. COINVENTENCE
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" TR.EATMENT OF .A.SSETS
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 V/TSC 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-RECIPIENT shall, unless other-wise 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 V/TSC 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.Ifany WTSC property is lost, destroyed, o, durnug.d, 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 sumender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
32.6. All reference to the SUB-RECIPIENT 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.
APPT,TCAET-E CH,ER.T'NF'TC,4.T'NONS.dNÞ .ASS{JR,ANCES F'OR. F{XGHW,AY S,AF'ET'Y GR-ANTS (23
CTIR. P.AR.T 13OT .APPENÐIX,{):
34. B{JY .&MERTC.A,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 dornestic materials will increase the
cost of the overall projcct contract by rnore than 25 percent. In order to usc fcdcral 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. ÐEEA.R.MÐNT,Å.ND SUSPENSËÛN
Instructions for Lower Tier Certification
35"X" By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section refered to as the "lower
tier participant") is providing the certification set out below and agrees to comply with the requirements of 2
CFRpart 180 and23 CFRpart 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 ceftification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
susp ension andl or deb arment.
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 effoneous when submitted or has become erroneous by reason
of changed circumstances.
35.4. The terms covered iransaction, 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 part9, 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 "Certifîcation 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 part9, 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
3S.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 ceftification required by this clause. The knowledge and information of a
participant is not required to exceed that whicli 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 apatticrpantína
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 voluntartly excluded from
participatio¡ inthis transaction, the departmcnt or agency with rvhich 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, deciared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
35.IL. Where the lower tier participant is unable to certisr to any of the statements in this certif,rcation, such
participant shall attach an explanation to this Agreement.
DRUG-CEA 88 41 U.S.C.81
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.j..2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the
worþlace; 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.l.4.Notifu 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
uny ,ii-ina1 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 othetwise
receiving acLual 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 aLuse aìsistance 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" FÐÐER,AX, F {JF{ÐIl{G ACCÛUNTAtsTLNTY .4.NÐ TR.ÄNSFA CV ACT'IF'F'',{TA}
In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total
compensation of the five most highty 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(<1) of the S.ecurities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
38. FEÐÐR,AL N,OBBYTIVG
38.1. The undersigned certifies, to the best of his or her knowledge and belief, that
3E.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
rnodification 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 shail 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 gtant,
loans, and cooperative agreements), and that all sub-recipients shall certif,i and disclose accordingly.
38.2. This certiÍication is a maierial 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. NOND TMTNAT'TON
39.1. During the performance of this Agreement, the SUB-RECIPIENT agrees:
39.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to
time.
39.L,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 2I and herein.
39.L.3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the V/TSC, 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
conîaÇtlagreement sanctions as it or NH'ISA determine are appropriate, including but not lirnited to
witlrholding payments to the contractorlfunding recipient under the contract/agreement until the
contractorlfunding recipient complies, andlor cancelling, terminating, or suspending a contract or funding
agreement, in whole or in part.
39.X"5. To insert this clause, including allparagraphs, in every sub-contract and sub-agreement and in every
solicitation for a sub-conÍact or sub-agreement that receives federal funds under this program.
4T. POLTT C,AT,,ACT'HVITY #{,AT'CH 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 employrnent activitìes are funded in whole or in part with
federal funds.
41. FR.OHTETTTON ON USNNG GRANT F'UI{ÐS TO CHECK F'OR. T{ÐT,MET USAGE
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grattfunds 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. ST.ATE LGEBYING
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 legisiative proposal.
43. ÐESIGNATEÐ CONT,A.CTS
The following named individuals will serve as designated contacts fol each of the Parties for all
communications, notices, and reimbursements regarding this Agreement:
The Contact for the SUB-RECIPIENT is:
John Pagel
jpagel@kentwa.gov
253-Bs6-5884
The Contact for IVTSC is:
Erika Mascorro
emascorro@wtsc.wa. gov
360-725-9860 ext.
44. AUTH 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 \ryITNESS WHEREOF, the parties have executed this Agreement.
Kent Poliee Department
Signaturo
Printed Name
L¡,rrnt- Ü!h"P
Title
Â,tt
Date
W^A.SIilNGTON TR.AF'FIC SAF'ETY COMMTSSION
Signature
Printed Name
Title
Date