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HomeMy WebLinkAboutCAG2021-419 - Original - WA Traffic Safety Commission - DUI Court Interagency Funding - 10/01/2021FOR CITYOF KENTOFFICIAL UsE ONLY Sup/Mgr: Dir Asst: Dir/Dep: Agreement Routing Form KENT For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper)WasHtNoroN (Optional) o oL a.o. Originator: K. Finn for P. Fitzpatrick Department: ,Law Date Sent: 09 /09 /2O2L Date Required: 9/28/202r Authorized to Sign: lTMuyotot Designee Date of Council Approval: N/A Budqet Account Number: Budset? lvesfluo Grant? veslZ ruo Type: fsjsrsl co +, G ELor'F 5 +a =o EooLot Vendor Name: Washington Traffic Safety Commission Category: Grant Non-Real Property Vendor Number: 34433 Sub-Category: Original ProjectName: pg1 COUrt ll Project Details:Interagency Agreement 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) for traffic safety grant project 2022-AG-43I3 - 'Kent DUI Court. Agreement Amount: $ 100,000, 0 start Date: 1010112021 Basis for Selection of Contractori 6rtrar * Memoto Mayot mustbe attached vLr rvr Termination Date: 0913012022 Local Susinesslf]Ves nNo* nr":qf quircmentspetKCc3.T0.l00,pleasecompletevendatPutchase-LocalExceptions"formonatyspace. Business License Verificatonf l_l ves!ln-Pro."rsl_le*empt (KCC 5.01.045) ired prior to disclosure? No Contract Number: UIoLJ*,GultrcurEa33Eo O/E( Comments: 1\ntt VaC not t)\& DUn 5W ilrlUa' 6i6ne \Wo \N1U- Hnd vUe'' wW rc'q -+1/W W-T & Oocx-@c-brcU) tllbi 4l/1/-- uxhuub cq% eaff,hailEyofiu,Q adccw22373 I 20 Visit Documents.KentwA.gov to obtain copies of all agreements rev. 2021 051 3 CAG2021-419 9/23/21 12/7/21 - rcvd fully executed in Clerk's Office. YfEh{g tr,f1 6r.".:l{:l !itJr9 .\.,, ::,;irlr, !irtl,, "" INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Kent THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as 'WTSC," and City of Kent, hereinafter referred to as "SUB-RECIPIENT,' NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE 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) #20.616, for traffic safety grant project 2022-AG-4313-Kent DUI Court. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1,2A21, and remain in effectuntil September3a,2022 unlessterminated 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 3.1.1 Problem lD and/or Opportunity Among the '1,640 traffic fatalities that occurred 2016-2018, 57.8 percent involved drivers, walkers, or bicyclists impaired by alcohol or positive for drugs. According to the National Centerfor DWI Courts, DUI Court participants are 19% less likely to reoffend, while DUI Courts save taxpayers' money, improve public safety, and serve to change parlicipants'thinking and behavior. The DUI Court averages 30 defendants per year with two or more prior DUI arrests. Between its inception in2017 and its brief hold page 1 of 14 Measure 1-2. Number of DUI Court participants who recidivate during the year and the recidivism rate for the program. Report this as the actual number and the recidivism rate for the court. Strategy 2. Continue to develop and improve upon our system.of centralized screening, assessment, and referral and monitoring system for high-risk / high-need DUI target population. Objective 2-1 . Review screening, assessment, and referral/monitoring processes each quarter to identify possible process improvements. Objective 2-2. lnirease number of DUI Court prospective clients. Measure 2-1 . Yes/No - were quarterly process reviews done? Measure 2-2. Number potential particip'ants screened and number of n^ew participants to Kent DUI court in FFY2022, with a goal of 30 new participants enrolled by September 30' 2022' Measure 2-3.'Number of DUI'Court'participants add-ed to the program, reported each quarter. Strategy 3. Ongoing self-assessment of program efficiency through frequent team strategy meetings, participant feedback and continibd resebrch-and analysis of other therapeutic courts' Objective 3-1 . ldentify and capture critical program data for evaluation by worklqg in conjunction with the team, inputfrom' Washington traffic Safety Commission, and assistance from NCDC. Objective 3-2. H;; q;;rte4y DUi Court'team meetings to assess whether we are meeting our goals' Measure 3-1 . yes/No - were quarterly DUI Court team meetings conducted? Upload agendas/minutes to quarterly progress reports. Strategy 4. Ensure DUI Court staff receive training in up-to-date trends in DUI Court programming' objective 4-1. DUI Court staff will attend NADCP R|SE22 Conference. Measure 4-,1 . Number of DUI Court staff who attend the NADCP R|SE22 Conference in July 2022, with a goal of at least 50% staff attend this conference. A brief description of how this conference was beneficial to the work of DUI Court staff will be added to the 4th quarter's progress report' on admitting new participants in 2020, our DUI Court admitted 60 participants, 58% of whom have either successfully graduated or are currently on track to do so. By focusing our attention on high risk / high needs offenders, we believe we will continue to have success in reaching long ierm adherence to recovery, thereby increasing public safety. 3.'1.2 Project Goal Prevent repeat DUI offenses through DUI Court padicipation and monitoring. 3.1.3 Project Strategies, Objectives, and Measures Strategy 1. Follow a best practice model in the implementation of a therapeutic DUI Court. Objective 1-1, Follow NCDC's 10 guiding principles of DWI Courts in the implementation of Kent's DUI Coutl program' Measure 1-1 . Yes/No - are the NCDC 10 guiding principles being followed? 3.2. MILESTONES, DELIVERABLES, AND PERFORMANCE MEASURES Completed DateDescription 0111512022HolduarteDUI Court team meeti to assess whether we are meeti oals. Qlour 0411512022HoldarteDUI Court team to assess whether we are m .Q2our 0711512022HoldDUI Court team meetin to assess whether we are meetin Q3our 07131NumberofDUCourtstaffwhoattendtheNADCPRISE22ConferenIJ2022.n uce 0913012022Yes/No - are the NCDC 10 idi s bei followed? 0913012022Conductss reviews 09t30t2022rtntontsDKentUcouFFY2022,NUnd berm nof EWenedscrea rticipaumbNerapapantsparticipotenti 30 2022mberrolledena30CWnoalofarticiwith 09t3012022Admit at least 30 new into DUI Court 1011512022HoldDUI Courtteam meetin to assess whether we are meetin Q4our page 2 of 14 3.3. COMPENSATION 3.3.1. The cost of accomplishing the work described in the SOW will not exceed $100,000.00. 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 alltraveloutside of the continental United States. State travelpolicies (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 which can be obtained at this website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. lf for any reason, this information is not available at this website, contact the WTSC office at 360-725-9860. 3.3.5. WTSC will reimburse travel related expenses consisient 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 $UB-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. 3.3.7. WTSC will reimburse for personnel overtime expenses at '1 50 percent of the staff person's normal salary rate plus SUB- RECIPIENT's contributions to employee benefits, limited to the following:r FICA. Medicare. Any portion of L & I that is paid by the employer (SUB-RECIPIENT). Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. 3.4. SUMMARY OF PROJECT COSTS UMMARY OF COSTS salaries and benefits Summary of Costs and Narrative This project's budget consists of three primary objectives: (1) assisting indigent participants of DUI Court in obtaining timely and accurate substance use disorder assessments and assisting them with some of the costs of treatment until they are employed; AMOUNT $27,500.00 Travel $0.00 Contract Services $0.00 Equipment (listed in the table below)$0.00 Goods or other expenses $72,500.00 lndirect Costs $0.00 TOTAL $100,000.00 page 3 of 14 (2) addressing the large increase in alcohol and drug testing required to monitor DUI Court participants and assure accountability and public safety, while allowing them to maintain employment and housing; and (3) assisting the DUI Court team in providing much needed wrap-around and rehabilitation services to our participants to assure continued adherence in recovery and a reduction in recidivism. Employee salary and benefits: $27,500 - to pay an average of 24 hours per week to assist in urinalysis collections and case management; to pay for any hourly costs necessary to assist the DUI Court Probation Officer in fulfilling his DUI Court responsibilities; and/or to pay for outside case management services to assist DUI Court participants in finding housing, employment and treatment services. These activities can be completed during overtime (no more than '1.5X straight time hourly rate) or straight time. Goods or Other Services $20,000 - to assist DUI Court participants in obtaining full and intensive substance use disorder assessments with a certified chemical dependency evaluator who is familiar with the DUI / Drug Court model as established by the National Center for DWI Courts, and who is committed to working with our participants to make the process of assessment / evaluation simplified, in a central location at or near the Court; to assist those who are financially challenged in paying for the evaluation; and to assure a timely evaluation and summary for the DUI Court team's review. $2,000 - to pay for services at New Connections to assist indigent participants in obtaining a valid driver's license and/or employment, MRT therapy, and other life skill services; bus passes or transportation vouchers; and to assist our indigent defendants with paying for attendance at mandatory DUI Victim lmpact Panels. lncludes printing costs and binders for DUI Court materials. $41,300 - to pay for urinalysis supplies and testing to monitor compliance with timely and trusted results $2,200 - to pay for third party monitoring of Secure Continuous Alcohol Monitoring (SCRAM) or in-home breath testing to monitor abstinence. $7,000 - to pay for interpreter services. Kent has a large non-English speaking population and expect a vast increase in our interpreter costs. lnterpreters are utilized during probation meetings and court appearances. 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 execuiion in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the righi 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 shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. page 4 ol 14 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 pafty agrees to bear its own attorney fees and costs. 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-RFCIPIENT 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 priorto June 30,2022, must be received by WTSC no laterthan August rc,2A22. All invoices for goods received or services performed between July 1, 2A22, and September 30,2022, must be received by WTSC no later than November 15,2A22. 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,I. CONFIDENTIALITYISAFEGUARDING 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 contingentfee 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. ,I4. 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. Pertarmance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. page 5 of '14 14.3 ln the event that either Parly deems it necessary to institute legal action or proceedings to enforce any right orobligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and underihe 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 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.INCOME 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, repofted to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 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 agrees that its obligations under this Section exiend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the periormance of this agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respect io WTSC only, any immunity that would otherwise be available to it against such claims under the lndustrial lnsurance provisions chapter 51 .12 RCW. '1 7.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each pady 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. l9,INSURANCE COVERAGE 19.'1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, lndustrial lnsurance, if required by law page 6 of 14 19.2. lf the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 5'1 RCW, prior to the starl of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private 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 Agreemeni. 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 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 audii 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 othenruise 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 io 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 5101 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, fihns, 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. page 7 of 14 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 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 respecis 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, ihis Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. 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. page B of 14 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 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. APPLTCABLE CERTTFICATTONS AND ASSURANCES FOR HTGHWAY SAFETY GRANTS (23 CFR PART 1300 AppENDTX A): 32. BUY I\MERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 3'13) when purchasing items using federalfunds. 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 setout below and agrees to complywith the requirements of 2 CFR part 180 and 23 CFR part'l 300. 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 andlor 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 1B0. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. page 9 of 14 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 "Cerlification 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 lowertier participants to complywith 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 padicipant 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 transaciion, 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 participani 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 wiih 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 unlaMul manufacture, distribution, dispensing, possession, oruse 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. 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. 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 {ive days after such conviction, and notify the WTSC within '1 0 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 page 10 of 14 any employee who is so convicted: take appropriate personnel action against such an employee, up to and including iermination, 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 FUNDTNG ACCOUNTABtLtTy 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 eniity 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 undersection 13(a)or15(d)of theSecuritiesExchangeActof 1934orsection6104of thelnternal RevenueCodeof 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.'l .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 orwill 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-granis, 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 'l 352, Title 3'1, 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.) 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 fo(h 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, USD0T, or NHTSA. 37.1 .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 contracVagreement sanctions as it or NHTSA determine are appropriate, page11of14 including but not limited to withholding payments to the contractor/funding recipient under the contracUagreement 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. POL|TICAL ACTIVTTY (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.REGIPIENT is The Contact for WTSC is: : Jerry NovielloJanene Johnstone J Joh nstone@kentwa. gov 253-856-5951 jnoviel lo@wtsc.wa, gov 360-725-9897 page 12 oI 14 42. AUTHORITY TO SIGN The undersigned acknowledge thal they are authorized lo execute this Agreemont and bind their respective agencies or entities to the obligations set forth herein. lN WITNESS WHEREOF, the parties have executed this Agreement Cily of Kent.fu Signature Prinled Title Printed Name Title 091231202Ia,fui./ o.t0 f WASHINGTON TRAFFIC SAFETY COMMISSION Pa m Pan n ku k iffliJffi#.:,:;::,' oiie202r@.29 l3:57:28.07 m' Signature Pam Pannkuk Printed Name Title 09-29-2021 Date 2rt. Dale page'13 of 14