HomeMy WebLinkAboutCAG2021-366 - Original - Washington Traffic Safety Commission - Target Zero Manager for Region 8 Salary & Benefits - 10/05/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
WEMS
tt';li \l I,n l;lai { ilil il [lvqij;il'x ii t$?;il ?(u{IStl lrilit
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Gommission
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-RECIPlENT.'
NOWTHEREFORE, 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 Listing/Catalog of Federal Domestic
Assistance (CFDA) # 20.600, 20.608, and 20.616 or traffic safety grant project 2021-Sub-grants-4160-Region 8 Target Zero
Manager.
2. PERIOD OF PERFORMANCE
The period of performance of this agreement shall commence upon the date of execution by both Parties or October 01,2020,
whichever is later, and remain in effect until September 30, 2023, unless terminated sooner, as provided herein.
3. STATEMENT OF WORK
The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW
lf the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB-RECIPIENT must contact the WTSC
program manager immediately and discuss a potential amendment. All Federal and State regulations will apply.
3.1 SCOPE OF WORK
Problem Statement:
Communities, especially rural communities, have limited resources to address traffic safety concerns. Washington's diversity
calls for a customized approach to reaching Target Zero. This diversity from community to community creates a need for
community-level approaches to traffic safety improvements.
page 1 of 15
. Diversity in people - ethnicity, language, political beliefs, socio-economic status, etc.
. Diversity in roads - rural vs. urban differences in roads include roadway design, safety features, and options available for
roadway improvements
. Diversity in resource availability - capacity to make traffic safety improvements varies greatly from community to community
. Diversity in politicalviews
This program provides resources that support traffic safety at a local level - based on the needs of specific communities so that
. Local communities can implement strategies to increase traffic safety.
. Local leaders recognize the importance of traffic safety.
. Community members feel empowered and take ownership to solve traffic safety problems identified in their community
Target Zero Managers (TZMs) guide local Target Zero task forces around many counties and tribal reservations in the state.
These task forces are ideally composed of engineering, enforcement, education, and emergency medical services (EMS)
experts, as well as other community agencies and organizations with an interest in traffic safety. The TZMs and task forces
coordinate local traffic safety efforts and resources by tracking data, trends, and issues in their area. They develop and provide a
variety of traffic safety programs, services, and public outreach throughout their communities by working with local partners.
Goal 1: Expand the number of organizations and individuals within the region focusing resources and expertise on traffic safety
and leverage those resources to implement strategic plans designed to reduce traffic crashes.
- Strategy 1: Create or maintain a multi-sector Target Zero Task Force that focuses on traffic safety issues within the region.
Objective 1: Empower, inspire, and lead the task force to be innovative, creative, and willing to challenge current practices and
develop new models.
Objective 2: Encourage regional law enforcement agencies, and other stakeholders to prioritize traffic safety enforcement with
budget and staffing, assist them by leveraging state and federal resources.
Objective 3: Strive to incorporate agencies that have not historically participated in the Task Force or HVE.
Objective 4: lncrease participation of local law enforcement agencies in high visibility enforcement / emphasis patrols.
Objective 5: Assist local law enforcement agencies with WEMS implementation and management.
Measure 1: Plan and execute Traffic Safety Task Force meetings at least Quarterly.
Measure 2: Evidence of effective and ongoing communication with task force.
Measure 3: Growth of the number of members on Task Force.
Goal 2: Develop community assessments to help identify the most important partners and traffic safety issues in the region and
use them to develop community traffic safety plans to improve the region's traffic safety culture.
. Strategy 1: Create community specific assessments and plans using the expertise of the Target Zero Task Force and
quality traffic safety data using a template provided by the WTSC. Continually update assessments and plans based on
ongoing learning.
Objective 1: Engage the members of the Traffic Safety Task Force in creating a region assessment that contains traffic safety
data that helps identify the root causes of the most prevalent traffic safety issues, communities and populations. Use the
assessment template provided by the WTSC.
=
page 2 of 15
Objective 2: Engage the members of the Traffic Safety Task Force in creating a community traffic safety plan that contains the
steps will take to address root causes of the most prevalent traffic safety issues, communities and populations. Use the planning
template provided by the WTSC.
Objective 3: Attend all TZM network monthly meetings prepared to provide a briefing to peers and WTSC staff on progress
meeting objectives.
Objective 4: Evaluate and update the plan as necessary.
Objective 5: Attend allWTSC provided training.
Measure 1: Com plete community assessment with input the Task Force submitted to the WTSC TZM Network manager by
October 30, 2020.
Measure 2: Complete community traffic safety plan with input the Task Force submitted to the WTSC TZM Network manager by
November 13,2020.
Measure 3: Was the TZM present at the monthly meeting and prepared to discuss progress and challenges with their plan?
Measure 4: Evidence that the TZM is evaluating community traffic safety plan and updating them as necessary at least quarterly
Measure 5: Did the TZM attend all WTSC training.
Goal 3: Conduct outreach and expand relationships to enhance the positive proactive traffic safety culture within the region
Strategy 1: Use a Positive Community Norms approach to develop communication campaigns that will influence the
beliefs and behaviors of high priority communities with the region.
Objective 1: Create monthly messaging using the WTSC PCN messaging calendar and template provided by the TZM
Communications Lead.
Objective 2: Release monthly PCN based messages through all available distribution channels in the community
comm unications network.
Objective 3: Expand the local network of the Target Zero Managers by building relationships with additional sectors and
community coalitions. Participate in adjacent community coalitions that can help identify opportunities for projects to improve
traffic safety culture in the region.
Objective 4: Leverage local media, social media, and agency resources (Public lnformation Officers of member law enforcement
agencies) to inform the public using multiple platforms.
Objective 5: Develop or maintain working relationships with all law enforcement public information officers in the region,
including Washington State Patrol, to encourage ongoing communication and maximize the number of distribution channels for
messages.
Measure 1: Did the TZM create at least one Positive Community Based message in support of all statewide and local High
Visibility Enforcement Campaigns?
Measure 2: Did the TZM create a monthly PCN messaging using the WTSC messaging calendar and distribute it through the
community communications network?
Measure 3: Attendance at least quarterly of an adjacent coalition meeting.
Measure 4:Expand the membership of the Task Force by at least one non-law enforcement member over the course of each
Federal FiscalYear
Measure 5: Was social media utilized to distribute PCN based messages with every High Visibility Enforcement campaign?
Measure 6: Two earned media articles are published per year as the result of TZM's outreach efforts and HVE Coordination
page 3 of 15
Goal 4: Ensure that the Task Force is knowledgeable of all grant resources (federal, state, and private) available to it and
coordinate grant funded projects to achieve Task Force goals and objectives.
- Strategy 'l: Coordinate between WTSC Program Managers and local agencies to apply federal and state grants toward solving
local traffic safety issues.
Objective 1: Link annualstrategies (plans)to resources provided byfederal, state, and localgrants.
Objective 2: Leverage the resources you have available to identify and obtain additional funding sources to support Task Force
goals and objectives.
Measure 1: TZMs will describe their efforts, successes and challenges in identifying and competing for grant resources in their
quarterly reports.
Other Requirements:
o ln addition to actively pursuing all strategies and objectives, the Target Zero Manager is also expected to do all of the following:
o Participate in all monthly TZM conference calls.
o Complete all tasks assigned by the WTSC's Designated TZM Network Manager
o Meet all assigned deadlines
o WTSC does not support fear based training. TZMs will not be permitted to use WTSC funded time or resources to plan or
execute any fear based outreach programs, ie. Every 15 Minutes.
o Ensure local goals and objectives are consistent with those of Target Zero andlor the WTSC.
o Represent WTSC at local, state, or national conferences and act as an ambassador advancing the WTSC priorities.
o Seek out training opportunities to build knowledge, skills, and abilities.
3.2. MILESTONES AND DELIVERABLES
ilestone OR Deliverable Description
Gomplet
ed Date
pdate a community needs assessment for the assigned region with input from the Traffic Safety Task Force (template
ded by WTSC)
op a plan that includes a selection of issues that the regional task force has identified as priorities and 10t1
ntermeasure strategies that will be followed to address them (template provided by WTSC)
litate traffic safety task force meetings at least quarterly 09/3
eek increased participation of local law enforcement agencies in High Visibility Events. Assist law enforcement agencies09/3
WEMS implementation and management.
reate at least one message to support each state-wide and local High Visibility Enforcement Campaign using the PCN
logy. Distribute through community communications network using a variety of social media tools.
rticipate in at least one adjacent community coalition meeting quarterly; to help identify opportunities for projects to 091301202
mprove traffic safety culture in the assigned region
courage regional law enforcement agencies to prioritize traffic safety enforcement with budget and staffing; assist them091301202
leveraging state and federal resources provided by WTSC and other agencies.
dence of effective and consistent communications with the Traffic Safety Task Force.09t30t202
resent at monthly meetings, prepared to discuss problems and challenges with the local community traffic safety plan. 0913012
page 4 of 15
ce that the TZM is evaluating the progression of the community traffic safety plan and updating them as necessary 0913012
least quarterly
nce at all WTSC training and meetings mandated by the TZM Manager 09t30t202
lop two earned media articles annually as the result of a TZM lead outreach effort or as a part of High Visibility 091301202
nclude successes and challenges in identifying and competing for grant resources in each quarterly report.09t30t202
the membership of the Traffic Safety Task Force by at least one "non-law enforcement" member 09/3
3.3. COMPENSATION
3.3.1. Compensation for the 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 $71,000.00. Payment for satisfactory
performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written
Amendment to this Agreement executed by both parties.
3.3.2. lf the SUB-RECIPIENT intends to charge indirect costs, an lndirect Cost Rate must be established in accordance with
WTSC policies, and a federally-approved cost allocation plan may be required to be submitted to the WTSC before any
performance is conducted under this Agreement.
3.3.3 The SUB-RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the
scope of work and for all travel outside of the continental United States. State travel policies (SAAM Chapter 10) would apply.
3.3.4. lf WTSC makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must be followed. See
Washington State Administrative & Accounting Manual (SAAM) Chapter 10.
3.3.5. WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-RECIPIENT. lf no
written policy exists, state travel policies (SAAM Chapter 10) apply.
3.3.6. WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the scope of work and
budget or for which approval was expressly granted. The SUB-RECIPIENT must provide appropriate documentation (receipts) to
support reimbursement requests, including the A-40 Travel Authorization form if required.
3.4. SUMMARY OF PROJECT COSTS
OF COSTS
salaries and benefits
ravel
Services
uipment (listed in the table below)
s or other expenses
AMOUNT
$71,000.00
$0.00
$0.00
$0.00
$0.00
$0.00ndirect Costs
page5of15
$71,000.00
The WTSC has budgeted $213,000 over three years for this work. The Applicant's proposed hourly rate should consider all
expected expenses related to travel within King County. Funding for this contract will be divided into three periods (FFY
2020-2021, FFY 2021-2022, FFY 2022-2023). Funds do not carry forward into the following period. The exact funding level for
Year 1 will be prorated - determined by when the contract is executed and a '12-month budget of $71 ,000. Attendance and
participation in relevant national or state conferences and other relevant training and workgroup opportunities must be pre-
approved by the WTSC. Travel expenses related to events located outside King County will be reimbursed separately from the
total contract amount listed here, unless agreed upon by both the WTSC and the SUB-RECIPIENT.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS
4. ACTIVITY REPORTS
The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the
WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC
The SUB-RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution
in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the
right to delay the processing of invoices until activity reports are received and approved.
5. 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.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement.
Such amendments shallonly be binding if they are in writing and signed by personnelauthorized to bind each of the parties.
7. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
8. ASSIGNMENT
The SUB-RECIPIENT may not assign the work 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. lf 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.
9. ATTORNEYS' FEES
ln the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees
and costs.
page 6 of 15
10. BILLING PROCEDURE
The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall
require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if
approved by WTSC. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account
transfer by WTSC within 30 days of receipt of such 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 30,2021, must be received by WTSC no
later than August 10, 2021. All invoices for goods received or services performed between July 1 , 2021 , and September 30,
2021, must be received by WTSC no later than November 15,2021. WTSC reserves the right to delay the processing of invoices
until activity reports required by Section 4 of this agreement, are received and approved.
1 1. 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.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E
13. COVENANT AGAINST CONTINGENT FEES
The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee
to solicit or secure this Agreement or to obtain approval of any application for 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.
14. DISPUTES
14.1 . Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided
in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the
date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC
Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the
appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the
decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under
this Agreement while matters in dispute are being resolved.
15. GOVERNANCE
1 5.'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.
15.2. ln the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the
inconsistency shall be resolved by giving precedence in the following order:
15.2.1. Applicable federal and state statutes and rules
page 7 of 15
15.2.2. Terms and Conditions of this Agreement
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under this Agreement
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
16. TNCOME
Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.9., sale of publications, registration fees, or service
charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce
project costs.
17. INDEMNIFICAT]ON
17 .1 . To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers,
employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions,
penalties, losses, damages, 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.
17 .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.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. INDEPENDENT CAPACITY
The employees or agents of each parly 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.
19. INSURANCE COVERAGE
19.1 . The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, lndustrial lnsurance, if required by law
19.2.lf 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.9.,
vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined
appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated
with this Agreement.
20. 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
page I of 15
with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments
made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records,
documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of
the services described herein. These records shall 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.
21.2. 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.
22. 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 lnformation according to the Health lnsurance 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
lnformation obtained or used as a result of this Agreement.
23. RIGHTS IN DATA
23.1. WTSC 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, 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.
23.2. lf for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-
RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any
registrations and copyright applications relating thereto and any renewals and extensions thereof.
23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC,
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 NHTSA whether patent protections will be sought, how any rights will be administered, and other actions
page 9 of 15
required to protect the public interest.
24. SAVINGS
ln 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.
25. SEVERABILITY
lf 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.
26. 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.
27. 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.
28. TERMINATION FOR CAUSE
lf 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.
ln 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.
29. TERM]NATION 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. lf this Agreement is so terminated, the WTSC shall be liable only for payment required
under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination.
30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property 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.
30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the
WTSC, be used only for the performance of this Agreement.
30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the
page 10 of 15
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.
30.4. lf 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.
30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation
of this Agreement.
30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-
contractors.
31. WAIVER
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 HTGHWAY SAFETY GRANTS (23 CFR PART 1300 AppENDtX A):
32. 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. ln order to use federal funds to purchase
foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is
approved by the Secretary of Transportation.
33. DEBARMENT AND SUSPENSION
lnstructions for Lower Tier Certification
33.1. 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
33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction
was entered into. lf 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.
33.3. 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.
33.4. 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.
33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered
page 11 of 15
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.
33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "lnstructions for Lower
Tier Certification" including the "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300.
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a 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.
33.8. 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.
33.9. Except for transactions authorized under paragraph 33.5. 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, lneligibility and Voluntary Exclusion - Lower Tier Covered Transactions
33.10. 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.
33.1 1. 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.
34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
34.1. The SUB-RECIPIENT shall:
34.1.1. Publish a statement notifying employeesthatthe unlawfulmanufacture, distribution, dispensing, possession, oruseof a
controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation
of such prohibition.
34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the
SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee
assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace.
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement
required by paragraph 34.1.1. of this section.
=
page 12of 15
34.1 .4. Notify the employee in the statement required by paragraph 34.1 .1 . of this section that, as a condition of employment
under the grant, the employee will abide 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.
34.1 .5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. 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.
34.1 .6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs
above.
35. FEDERAL FUNDING ACCOUNTAB|LtTy AND TRANSPARENCY ACT (FFATA)
ln 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 6'104 of the lnternal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
36.1.'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.
36.1.2. lf 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.
36.1.3. 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.
36.2. 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.
37. NONDISCRIMINATION (Title V|,42 U.S.C. S 2000d et seq.)
page 13 of 15
37.1 . During the performance of this Agreement, the SUB-RECIPIENT agrees
37 .1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time.
37 .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.
37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC,
USDOT, or NHTSA.
37,1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contracVfunding Agreement, the WTSC will have the right to impose such contracVagreement sanctions as it or NHTSA
determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the
contracVagreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or
funding agreement, in whole or in part.
37 .1 .5. 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.
38. POLTTTCAL ACTTVTTY (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.
39. 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.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local
legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body.
Such activities include both direct and indirect (e.9., "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.
41. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and
reimbursements regarding this Agreement:
The Contact for the SUB-RECIPIENT is:
Sara Wood
swood@kentwa.gov
253-856-5856
The Contact for WTSG is:
Manny Gonzalez
m gonzalez@wtsc.wa. gov
360-725-9888 ext.
F
page 14 of 15
42.AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective
agencies or entities to the obligations set forth herein.
lN WITNESS WHEREOF, the parties have executed this Agreement.
Kent Police Department
J?sfr,(O.ft6
Name: Rafael Padilla
Title : Chief of Police
Email : rpadilla@kentwa.gov
WASHINGTON TRAFFIC SAFETY COMMISSION
.n^.n""[,(
Name: Pam Pannkuk
Title :Acting Director
page 15 of 15
Audit Trail SIGN()RITY
I nteragencv Agreement-2O2 1 -Sub-erants-4 160- Region B Target
Zero Ma na's erV37 539 39) -202009201657
Document Title:
Document GUID:
Document lD:
Signing with:
Document Status:
bBbOaB 1c-f a 5 1" -47 43 -9 236 -9 ObB2229 39 5b
649375
Legal ly-binding eSignatures
Completed
SIGNER(S)
Name:
Role:
Sequence:
Email:
Signing Status:
Authentication
Pam Pannkuk
Signer
2
ppannkuk@wtsc.wa.gov
Finalized
None
Name: Rafael Padilla
Role: Signer
Sequence: L
Email: rpadilla@kentwa.gov
SigningStatus: Finalized
Authentication: None
JUfr,tp"#6
.Dou, JDonnf,{
Page 7 of 2
www.signority.com
=
=
Audit Trail SIGNORITY
fteragency Aglee_qq1t- 292I fub er ants: 4 1 60- Region B I a rget
Zero M a na g erV37 539 39) _202OO92OI 657
Document Title:
Document GUID:
Document lD:
Signing with:
Document Status:
HISTORY
bBbOaB 1c'f a 5 I- 47 43-9 236-9Ob8222939 5 b
649375
Legal ly-binding eSignatures
Completed
Action Email lP Address NotesTimestamp
2O2O-O9-2O L6:57:24
2O2O-IO-04 L5:27:47
2O2O'IO-O4 15:27:47
2O2O'IO'O4 L5.29:O5
2O2O'L0-04 L5:29'.2O
2O2O'L0-05 0B:59:04
2O2O'L0-05 0B:59:04
2O2O-IO-O5 0B:59:33
ngton Traffic
Commission
Document
created by
Terms of
Service
accepted by
Document
viewed by
Document
signed by
Name
Washi
Safety
dbesser@wtsc.wa. 34.I97.I42.38
gov
rpadilla@kentwa.go 7 3.I4O.19 4.7 3Rafael Padilla
Rafael Padilla
Rafael Padilla
Rafael Padilla
Pam Pannkuk
Pam Pannkuk
Pam Pannkuk
rpadilla@kentwa.go 7 3.1,40.L9 4.7 3
rpadilla@kentwa.go 7 3.L40.L9 4.7 3
Document rpadilla@kentwa.go 73.L40.L94.73
downloaded by v
Termsof ppannkuk@wtsc.w 198.239.L55.LLService a.gov 3
accepted byDocument ppannkuk@wtsc.w 198.239.L55.L1
viewed by a.gov 3
Document ppannkuk@wtsc.w L98.239.L55.LL
signed by a.gov 3
This audit trail report provides a detailed
record of the online activity and events
recorded for this contract.
Page 2 of 2
www.signority.com
-
F