HomeMy WebLinkAboutCAG2019-0409 - Original - WTSC - Kent PD Phlebotomy Program - 07/01/2019 4^0Recordsmendnag KENT Document
WASHtNGTON
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: WTSC
Vendor Number:
JD Edwards Number
Contract Number: C1A(12011 - 690
This is assigned by City Clerk's Office
Project Name: 2019 Kent PD Phlebotomy Program
Description: Interlocal Agreement ❑ Change Order ❑ Amendment xx Contract
Other:
Contract Effective Date: 7/1/2019 Termination Date: 6/30/2021
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: $16,550
Approval Authority: XX Department Director Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Grant funds to finalize implementation of the Kent PD phlebotomy program.
As of: 08/27/14
i
WEMS ,
CONTRACT FOR SERVICES
BETWEEN THE
Washington Traffic Safety Commission
AND
Kent Police Department
WEMS Vendor Contract 2019-Vendor Contract-3706-Kent Law Enforcement Phlebotomy Grant 2
THIS CONTRACT 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"CONTRACTOR."
CONTRACTOR contact info:
Name: Sara Wood
Address: 220 4th Avenue South, Kent, WA, 98032
Email: swood@kentwa.gov
E I N#: 91-6001254
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. THE PURPOSE OF THIS CONTRACT
The purpose of this Contract is to provide funding for work to be accomplished under traffic safety grant project 2019-Vendor
Contract-3706-Kent Law Enforcement Phlebotomy Grant 2.
2. PERIOD OF PERFORMANCE
The period of performance of this Contract shall commence upon the date of execution by both Parties or July 01, 2019,
whichever is later, and remain in effect until June 30, 2021, unless terminated sooner, as provided herein.
3. STATEMENT OF WORK
The CONTRACTOR shall carry out the provisions of the Contract described here as the Statement of Work(SOW):
3.1 SCOPE OF WORK
This funding will cover the overtime costs for the three officers currently in phlebotomy school,the completion of the course
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work, and the licensing costs through the Department of Health. Funding will also go towards the completion of our phlebotomy
room at the City of Kent Corrections Facility and start up supplies and costs necessary to get the room equipped with what is
needed for the phlebotomy program. As funding allows, overtime will also be used to fund our phlebotomists'work in the filed in
coordination with Target Zero Teams patrols.
3 2 MILESTONES AND DELIVERABLES
The CONTRACTOR shall meet the milestones and make the deliverables as set forth in this section
Milestone OR Deliverable Description Complete Date
Completion of phlebotomy room at the City of Kent Corrections Facility 08/31/2019
Three officers completion of phlebotomy school at Bates Technical College 08/31/2019
Supplies purchased to equip phlebotomy room 09/30/2019
The three officers licensed through the Washington State Department of Health 11130/2019
jheebotomists deployed to conduct blood draws during DUI enforcement patrols 12/31/2019
3.3 COMPENSATION
The cost of accomplishing the work described in the SOW will not exceed$16,550.00. 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
Contract executed by both Parties.
3.4 SUMMARY OF CONTRACT COSTS
The costs for the work under the SOW to be provided by the CONTRACTOR or CONTRACTOR'S SUB-CONTRACTOR are as
follows:
SUMMARY OF COSTS AMOUNT
Employee salaries and benefits $11,600.00
Travel $0.00
Contract Services $450.00
Equipment $3,000.00
Goods or other expenses $1,500.00
Indirect Costs $0.00
TOTAL $16,550.00
Equipment Description Quantity Unit Cost Amount
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Phlebotomy Supply Cart for BAC Room I $3,000.00 $3,000.00
4. DEFINITIONS:
4.1 As used throughout this Contract,the following terms shall have the meaning set forth below.
4.1.1. "WTSC"shall mean the Washington Traffic Safety Commission of the state of Washington, any division, section, office,
unit, or other entity of the WTSC, or any of the officers or other officials lawfully representing that WTSC.
4.1.2. "AGENT"shall mean the WTSC Director and/or the delegate authorized in writing to act on the Director's behalf
4.1.3. "CONTRACTOR"shall mean the firm, provider, organization, individual, or other entity performing services under this
Contract,and shall include all employees of the CONTRACTOR.
4.1.4. "SUB-CONTRACTOR"shall mean one not in the employment of the CONTRACTOR, who is performing all or part of
those services under this Contract or under a separate Contract with the CONTRACTOR. The terms"SUB-CONTRACTOR"
and "SUB-CONTRACTORS" means SUB-CONTRACTOR in any tier
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS
5_ACTIVITY REPORTS
The CONTRACTOR will submit reports on the activity of this project in the form provided by the WTSC using the WTSC
Enterprise Management System (WEMS)Progress Reporting process or other alternate means pre-approved by WTSC.The
CONTRACTOR will include copies of publications, training reports,and any statistical data generated in project execution in the
reports. WTSC reserves the right to delay the processing of invoices until activity reports are received and approved.
6. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Contract shall be made by the
WTSC.
7.AGREEMENT ALTERATIONS AND AMENDMENTS
This Contract may be amended by mutual agreement of the Parties in the form of a written Amendment to this Contract. Such
amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties.
8. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise,
regarding the subject matter of this Contract shall be deemed to exist or to bind any of the Parties hereto.
9.ASSIGNMENT
The CONTRACTOR may not assign the work to be provided under this Contract, in whole or in part,without the express prior
written consent of the WTSC, which consent shall not be unreasonably withheld. The CONTRACTOR 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 Contract include funds from NHTSA,such third-party contracts and
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agreements must include the federal provisions set forth in this Contract in sections 35 through 43
10.ATTORNEYS'FEES
In the event of litigation or other action brought to enforce the Contract terms, each Party agrees to bear its own attorney fees
and costs.
11. BILLING PROCEDURE
The CONTRACTOR shall submit monthly invoices for reimbursement to WTSC with supporting documentation. as WTSC shall
require.All invoices for reimbursement shall be submitted using a standard Form A-19 provided by WTSC, its pre-approved
equivalent, or through the WTSC automated electronic system, as determined by the WTSC Payment to the CONTRACTOR
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 Contract,any claim for payment not already made
shall be submitted within 45 days after the expiration date of this Contract.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. All invoices for goods received or services performed on or prior to June 30, 2020, must be received by WTSC no later
than August 10, 2020. WTSC reserves the right to delay the processing of invoices until the activity reports required by Section
5 are received and approved.
12.CONFIDENTIALITY I SAFEGUARDING OF INFORMATION
The CONTRACTOR 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 Contract,except with prior written consent of
the WTSC, or as may be required by law.
13. COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee
to solicit or secure this Contract or to obtain approval of any application for federal financial assistance for this Contract. The
WTSC shall have the right, in the event of breach of this section by the CONTRACTOR,to annul this Contract without liability.
14. DISPUTES
14.1, Except as otherwise provided in this Contract,when a dispute arises between the Parties and it cannot be resolved by
direct negotiation,either Party may request a dispute review by the AGENT.
14.2. The request for a dispute review("Requestor's Statement") must:
14.2.1. Be in writing.
14.2.2. State the disputed issue(s).
14.2.3. State the relative positions of the requester's Party.
14.2.4, State the Designated Contact's name, address, and telephone number.
14.2 5. Be submitted by mail or electronic correspondence(email)to the AGENT and the other Party's Designated Contact
within three working days after the Parties agree that they cannot resolve the dispute.
14.3 Within five working days after receipt of the Requestor's Statement, the other Party's Designated Contact shall send a
written response to the Requester's Statement to both the AGENT and the requester.
14.4. The AGENT shall review the written statements and provide a resolution reply in writing to both Parties within 10 working
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days after receiving the second Party's written response. The AGENT may extend this period if necessary to allow more time for
rev'ew or to collect more Information from the Parties by notifying both Parties.
14.5. The Parties agree that this dispute process shall precede ary action in a judicial or quasi-judicial tribunal
14.6. Nothing in this Contract shall be construed to limit the Parties'choice of a mutually-acceptable alternate dispute resolution
method in addition to or in lieu of the dispute resolution procedure outlined above.
15. GOVERNANCE
15.1. This Contract 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 Contract shall be construed to conform to those laws.
15.2. In the event of an inconsistency in the terms of this Contract, or between its terms and any applicable statute or rule,the
inconsistency shall be resolved by giving precedence in the following order:
15.2.1.Applicable federal and state statutes and rules
15.2.2.Terms and Conditions of this Contract
15.2.3,Any Amendment executed under this Contract
15.2.4.Any SOW executed under this Contract
15.2.5.Any other provisions of the Contract, including materials incorporated by reference
16. INDEMNIFICATION
16,1.To the fullest extent permitted by law, the CONTRACTOR 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 Contract and/or the CONTRACTOR'S performance or failure to perform any aspect of the Contract.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 CONTRACTOR, its officers,employees, agents, and subcontractors. Provided, however,that
nothing herein shall require the CONTRACTOR 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 CONTRACTOR, its officers, employees,
agents, 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
CONTRACTOR, its officers, employees,agents, or subcontractors.
16.2. The CONTRACTOR 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.
16.3. The indemnification and hold harmless provision shall survive termination of this Contract.
17. INDEPENDENT CAPACITY
The Parties intend that an independent contractor relationship will be created by this Contract. The CONTRACTOR and his or
her employees or agents performing under this Contract are not employees or agents of the WTSC. The CONTRACTOR will
not hold himself/herself out as or claim to be an officer or employee of the WTSC or of the state of Washington by reason
hereof, nor will the CONTRACTOR make any claim of right, privilege,or benefit that would accrue to such employee under law
Conduct and control of the work will be solely with the CONTRACTOR.
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18. INSURANCE COVERAGE
18.1. The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law
18 2 If the CONTRACTOR is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any
performance of work under this Contract, the CONTRACTOR shall provide WTSC with proof of insurance coverage(e.g ,
vehicle liability insurance, private property liability insurance,or commercial property liability insurance), as determined
appropriate by WTSC,which protects the CONTRACTOR and WTSC from risks associated with executing the SOW associated
with this Contract_
19. LICENSING,ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation, and registration
requirements/standards necessary for the performance of this Contract. The CONTRACTCR 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 Contract.
20.OVERPAYMENTS AND ASSERTION OF LIEN
In the event that the WTSC determines that overpayments or erroneous payments were made to the CONTRACTOR under this
Contract,the WTSC may secure repayment plus interest, if any, through the filing of a lien against the CONTRACTOR's real
property or by requiring the posting of a band; assignment of deposit. or some other form of security acceptable to the WTSC, or
by doing both.
21. PRIVACY
21.1. Personal information including, but not limited to, "Protected Health Information,"collected, used, or acquired in
connection with this Contract shall be protected against unauthorized use,disclosure, modification, or loss. CONTRACTOR
shall ersure its directors,officers, employees, sub-contractors, or agents use personal information solely for the purposes of
accomplishing the services set forth herein. CONTRACTOR agrees not to, and will ensure that its sub-contractor's do not,
release, divulge, publish, transfer, sell, or otherwise make known to unauthorized persons personal information without the
express written consent of the WTSC, or as otherwise required by law, including as required under RCW 42.56 Public Records
Act.
21.2. Any breach of this section may result in termination of the Contract and the demand for return of all personal information
The CONTRACTOR agrees to indemnify and hold harmless the WTSC for any damages related to the CONTRACTOR'S
unauthorized use of personal information.
22. PUBLICITY
The CONTRACTOR agrees to submit to the WTSC all advertising and publicity matters relating to this Contract wherein the
WTSC's name is mentioned or language used from which the connection of the WTSC'S name may,in the WTSC'S judgment,
be inferred or implied. The CONTRACTOR agrees not to publish or use such advertising and publicity matters without the prior
written consent of the WTSC.
23. RECORDS MAINTENANCE
23.1. During the term of this Contract and for six years thereafter, the CONTRACTOR 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
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material relevant to this Contract 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. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained until all
litigation,claims,or audit findings involving the records have been resolved.
24. RIGHT OF INSPECTION
The CONTRACTOR 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 Contract. The CONTRACTOR 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 CONTRACTOR shall upon
request make available to the WTSC and the U.S. Secretary of the Department of Health and Human Services all internal
poiicies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained
or used as a result of this Contract.
25. RIGHTS IN DATA
25.1. WTSC and CONTRACTOR agree that all data and work products (collectively called"Work Product") pursuant to this
Contract 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
CONTRACTOR 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. For Work Product delivered under the Contract that incorporates pre-existing materials not produced under the Contract,
CONTRACTOR hereby grants to the WTSC a nonexclusive, royalty-free, irrevocable license in such materials to translate,
reproduce, distribute, prepare derivative works, publicly perform,publicly display, sub-license to others, and otherwise use such
materials. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including
intellectual property rights, moral rights, and rights of publicity, necessary to grant such a license to the WTSC The WTSC shall
have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR.
25.4. The CONTRACTOR shall provide WTSC prompt written notice of each notice or claim of infringement received by the
CONTRACTOR with respect to any Work product delivered under this Contract.
25.5. The CONTRACTOR may publish, at its own expense,the results of project activities without prior review by the WTSC,
provided that any publications, including written, visual, or sound, contain acknowledgment of the support provided by NHTSA
and the WTSC. The CONTRACTOR shall disclose any discovery or invention derived from work performed under this project
within a reasonable time after it is made to the WTSC, who will determine through NHTSA whether NHTSA or WTSC will seek
patent protections pursuant to T'tle 35 USC,how any rights will be administered,and other actions required to protect the public
interest.
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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 Contract and prior to completion of the SOW under this Contract, the WTSC may terminate the Contract under the
"TERMINATION FOR CONVENIENCE" clause,without the 30 day notice requirement. The Contract is then subject to
renegotiation at the WTSC's discretion under any new funding limitations or conditions.
27. SEVERABILiTY
If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity
shall not affect the other provisions of this Contract 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 Contract, and to this end the provisions of
this Contract are declared to be severable.
28. SITE SECURITY
While on WTSC premises, the CONTRACTOR, its agents,employees, or sub-contractors shall conform in all respects with all
WTSC physical,fire,or other security policies or applicable regulations.
29.TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the
CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
30. TERMINATION FOR CAUSE
If the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this Contract or violates any of these
terms and conditions,the WTSC will give the CONTRACTOR written notice of such failure or violation, and may terminate this
Contract immediately.At the WTSC's discretion, the CONTRACTOR may be given 15 days to correct the violation or failure. In
the event that the CONTRACTOR is given the opportunity to correct the violation and the violation is not corrected within the 15-
day period, this Contract 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 Contract, either Party may terminate this Contract, without cause or reason, with 30 days
written notice to the other Party. If this Contract is so terminated,the WTSC shall be liable only for payment required under the
terms of this Contract for services rendered or goods delivered prior to the effective date of termination.
32.TERMINATION PROCEDURES
32.1. Upon termination of this Contract,the WTSC, in addition to any other rights provided in this Contract, may require the
CONTRACTOR to deliver to the WTSC any property specifically produced or acquired for the performance of such part of this
Contract as has been terminated. The provisions of the"TREATMENT OF ASSETS"clause shall apply in such property
transfer, including and not limited to consequential and incidental damages.
32.2. The WTSC shall pay the CONTRACTOR the agreed-upon price, if separately stated, for completed work and services
accepted by the WTSC, and the amount agreed upon by the CONTRACTOR and the WTSC for(i) completed work and services
for which no separate price is stated, (6)partially completed work and services, if appropriate, (iii)other property or services that
are accepted by the WTSC, and (iv)the protection and preservation of property, unless the termination is for default or for
cause, in which case the AGENT shall determine the extent of the liability of the WTSC. Failure to agree with such
determination shall be a dispute within the meaning of the"DISPUTES"clause of this Contract. The WTSC may withhold from
any amounts due the CONTRACTOR such sum as the AGENT determines to be necessary to protect the WTSC against
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potential loss or liability
32.3. The rights and remedies of the WTSC provided in this section shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Contract, including and not limited to consequential and incidental damages.
32.4.After receipt of a notice of termination, and except as otherwise directed by the AGENT,the CONTRACTOR shall
32.4.1 Stoa work under the Contract on the date, and to the extent specified, in the notice.
32.4.2 Place no further orders or sub-contracts for materials, services, or facilities except as may be necessary for completion
of such portion of the work under the Contract that is not terminated.
34 4 3.Assign to the WTSC, in the manner, at the times,and to the extent directed by the AGENT, all of the rights, title, and
interest of the CONTRACTOR under the orders and sub-contracts so terminated, in which case the WTSC has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and sub-contracts.
32.4.4. Resolve all outstanding liabilities and all claims arising out of such termination of orders and sub-contracts,with the
approval or ratification of the AGENT to the extent AGENT may require,which approval or ratification shall be final for all the
purposes of this clause.
32.4,5. Transfer title to the WTSC and deliver in the manner, at the times, and to the extent directed by the AGENT any property
which, if the Contract had been completed,would have been required to be furnished to the WTSC.
32.4.6.Complete performance of any such part of the work as shall not have been terminated by the AGENT
32.4.7. Take such action as may be necessary, or as the AGENT may direct,for the protection and preservation of the property
related to this Contract,which is in the possession of the CONTRACTOR and in which the WTSC has or may acquire an
interest.
33.TREATMENT OF ASSETS
33.1, Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the
CONTRACTOR for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this Contract
shall pass to and vest in the WTSC upon delivery of such property by the CONTRACTOR. Title to other property, the cost of
which is reimbursable to the CONTRACTOR under this Contract, shall pass to and vest in the WTSC upon (i)issuance for use
of such property in the performance of this Contract, or(ii)commencement of use of such property in the performance of this
Contract, or(iii) reimbursement of the cost thereof by the WTSC in whole or in part,whichever first occurs.
33.2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided herein or approved by the
WTSC, be used only for the performance of this Contract.
33.3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results from the
negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer
that property in accordance with sound management practices
33.4. If any WTSC property is lost, destroyed, or damaged,the CONTRACTOR shall immediately notify the WTSC and shall
take all reasonable steps to protect the property from further damage.
33.5 The CONTRACTOR shall surrender to the WTSC all property of the WTSC upon completion,termination, or cancellation
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of this Contract.
33.6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR's employees, agents, or sub-
contractors.
34.WAIVER
A failure by either Party to exercise its rights under this Contract shall not preclude that Party from subsequent exercise of such
rights and shall not constitute a waiver of any other rights under this Contract.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 CFR PART 1300 APPENDIX A):
35. BUY AMERICA ACT
The CONTRACTOR will comply with the Buy America requirement(23 U.S.C. 313)when purchasing items using federal funds.
Buy America requires the CONTRACTOR 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.
36.DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
36.1 By signing this Contract,the CONTRACTOR(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
36.2. 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.
36.3. 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.
36.4. 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.
36.5. The lower tier participant agrees by signing this Contract 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.
36.6.The lower tier participant further agrees by signing this Contract 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.
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36.7. 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,
36.8. Nothing cortained 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 ciause. 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
36.9. Except for transactions authorized under paragraph 36.5. 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
36.10. The lower tier participant certifies, by signing this Contract, 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.
36.11.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 Contract.
37. THE DRUG-FREE WORKPLACE ACT OF 1988(41 U.S.C.8103)
37.1. The CONTRACTOR shall:
37.1.1. 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.
37.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the
CONTRACTOR'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.
37,1.3.Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement
required by paragraph 37.1.1, of this section.
37.1.4. Notify the employee in the statement required by paragraph 37.1,1.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.
37.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 37.1.3. of this section,with respect
to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including
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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 loca'' health, law enforcement, or other appropriate agency
37 1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of ah of the paragraphs
above.
38. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
In accordance with FFATA, the CONTRACTOR 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.
39. FEDERAL LOBBYING
39.1. The undersigned certifies, to the best of his or her knowledge and belief,that:
39.1.1. 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 empioyee 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.
39.1.2. 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.
39.1.3. 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.
39.2. 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.
40. NONDISCRIMINATION(Title VI,42 U.S.C.§2000d et seq.)
40,1. During the performance of this Contract, the CONTRACTOR agrees:
40-1.1. To comply with all federal nondiscrimination laws and regulations,as may be amended from time to time
40.1.2. 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.
40.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the
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VVTSC, US DOT, or NHTSA.
40.1.4, That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this Contract,the
WTSC will have the right to impose such contract sanctions as it or NHTSA determine are appropriate, including but not limited
to withholding payments to the CONTRACTOR under the Contract until the CONTRACTOR complies, and/or cancelling,
terminating, or suspending a contract or funding agreement, in whole or in part.
40 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.
41. POLITICAL ACTIVITY(HATCH ACT)
The CONTRACTOR 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.
42. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The CONTRACTOR 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 Contract does not include any aspects or elements of helmet usage or checkpoints,
and so fully complies with this requirement.
43. STATE LOBBYING
None of the funds under this Contract 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,
44. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and
reimbursements regarding this Contract:
The Contact for the CONTRACTOR is: The Contact for WTSC is:
Sara Wood Mark Medalen
swood@kentwa.gov mmedalen@wtsc.wa.gov
253-856-5856 360-725-9878 ext.
45. AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Contract and bind their respective agencies or entities to the
obligations set forth herein
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IN WITNESS WHEREOF,the parties have executed this Agreement.
Kent Police Department
Signature
Printed Name
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Date
WASHINGTON TRAFFIC SAFETY COMMISSION
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Date
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