HomeMy WebLinkAboutCAG2022-261 - Original - Washington Traffic Safety Commission (WTSC) - 2022-AG-4301-Kent-Pacific Highway (SR99) Walker and Roller Program - 03/21/2022ApprovalOriginator:Department:
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Director or Designee
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Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
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Project Name:
Project Details:
Agreement Amount:
Start Date:
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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
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rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
KENT POLICE DEPARTMENT
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "WTSC," and
..SUB-RECIPIENT.''
hereinafter referred to as
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained
herein, or attached and incorporated and made a part hereofo the Parties mutually agree as follows:
I. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to provide
Transportation (USDOT) National Highway
funding, provided by the United States Department of
Traffic Safety Administration (NHTSA) and allowed under
6, for traffic safety grant i
Program, specifically tol
the
Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.61
proJ ect2022-LG-4301-Kent-Pacific Highway (SR 99) South Walker and Roller
provide funding for the law enforcement agencies in WTSC Region 718 to conduct overtime walker/roller I
safety enforcement as outlined in the Statement of Work (SOW), in support of Target Zero priorities' The
Target ZeroManager (TZM) andlor the Law Enforcement
SUB-RECIPIENT with the goal of reducing traffic crashes
Liaison (LEL) shall coordinate the SOW with the
Grant 2022- LG-430 1 -Kent-Pacifi c Highway (SR 99) South Walker and Roller Program was awarded to
the Kent Police Department and the King County (WTSC Region 718) to support collaborative efforts to
conduct walker/roller safety enforcement activities' By signing this agreement, the SUB-RECIPIENT is able
to seek reimbursement for approved overtime expenses incurred
Pacific Highway (SR 99) South Walker and Roller Program.
as a participantin2022-Ac-4301-Kent- I
2. PERIOD OF PERFORMANCE ]
The period of performance of this Agreement shall commence upon the date of execution by both Parties, buf
not earlier than October l,202I,and remain in effect until September 30, 2022,unless terminated sooner, as I
provided herein.
3. STATEMENT OF WORK
Note: This statement of work applies only to Walker/Roller Safety Enforcement for traffic safety areas which
your region has received funding.
GOAL: Positively change walker, roller, and motor vehicle driver behaviors through law enforcement patrols
and media efforts. Engage multiple law enforcement agencies along Highway 99 in South King County in the
design, implementation of enforcement, community outreach and education activities for the project period.
STRATEGY: Prevent drivers from engaging in high risk behaviors related to walkers and rollers by
increasing drivers' perception of the risk of being stopped by a patrol officer. This perception is achieved
through 1) an increase in media messages and outreach about upcoming emphasis periods so that the targeted
drivers know when the patrols will occur and what will be enforced and2) during the patrols, drivers have the
perception of increased enforcement because they can see a significant and noticeable increase in law
enforcement presence and activities that reinforces the media messages they received and influences them to
modify their driving behavior and 3) officers who stop drivers will use the stop to educate drivers on the
importance of sharing the roadways with walkers and rollers and applicable laws violated by the driver.
OBJECTIVES: There are several requirements identified for the Walker/Roller Safety Project along
Highway 99 in South King County. The SUB-RECIPIENT agrees to follow all seven of these requirements.
1. Implement the mobilization plan developed by the local traffic safety task force the enforcement that
includes:
a. Problem Statement
b. Description of enforcement strategy, including expected law enforcement agencies
participating in the event, tatgetviolation, and target locations.
c. Public outreach strategy that targets the drivers most likely to contribute to traffic crashes.
d. Evaluation plan
2. The event is data driven. This means data (such as traffic crash data) is used to identify the locations
where the enforcement should occur and drivers with the highest potential of causing trafflrc crashes.
3. The enforcement is multijurisdictional and uses a saturation approach. This means SUB-RECIPIENT
is coordinating its efforts with adjacent law enforcement agencies so that the driving public has the
perception of law enforcement omnipresence on the targeted roads.
4. The public is made aware of the event before. during. and after the enforcement takes place. This
means that messages reach all target audiences in the community, regardless of English proficiency,
who use the targeted transportation system. Local outreach and public education campaigns will take
place during the enforcement period.
5. Officers are encouraged to educate drivers about walker and roller laws and safety during traffic stops.
6.
when this project not beine implemented.
ADDITIONAL REQUIREMENTS :
In addition, SUB-RECIPIENT agrees to all of the following requirements for walker/roller safety
enforcement:
1. Use the WEMS system provided by the WTSC to record all activities conducted by their
commissioned officers. SUB-RECIPIENT will also ensure all supervisors and fiscal staff have the
ability to review and edit those activity logs.
2. All participating staff receive a briefing prior to the event so that every participant understands and
can explain all of the items on the briefing list below. This can be done in person (preferred) or
electronic via telephone, email, or virtually.
o Purpose, goals, strategy, and objectives of the specific enforcement with a focus on the targeted
locations and driving behaviors
o List of on-call DREs and request procedures
o How to fill out their digital activity log in WEMS
o Information on how the Mobile Impaired Driving Unit will be used (if applicable)
o Dispatch information
o All Participating officers
o Spotterprocesses (ifapplicable)
o Available Draeger machines and locations (if applicable)
3. To utilize all available media platforms it has available (website, email newsleffers, social media
etc...).
4. Participating officers should make as many contacts as they can during these patrols to positively
influence driving behavior.
3.1. MILESTONES AND DELIVERABLES
Mobilization
Walker/Roller S afety Enforcement
Other dates could be identified by the task force.
Dates
April 10 - April23
TBD
3.2. COMPENSATION
S.Z.l.Compensation for the overtime work provided in accordance with this Agreement has been established
under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed
dollar total from amounts listed below. Payment for satisfactory performance of the overtime work shall not
exceed this amount unless the WTSC and SUB-RECIPIENT mutually agtee to a higher amount in a written
Amendment to this Agreement executed by both the WTSC and SUB-RECIPIENT. Comp-time is not
considered overtime and will not be approved for payment. All law enforcement agencies who are active
members of the Region 718 traffic safety task force with a fully executed grant agreement are eligible to
participate in this grant. Agencies may also be compensated at the straight time rate in lieu of overtime.
3,2.2.WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary rate
plus SUB-RECIPIENT's contributions to employee benefits, limited to the following:
o FICA
o Medicare
. Any portion of L & I that is paid by the employer (SUB-RECIPIENT)
o Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution
is based on a percentage of their hours worked
Health insurance, or any other benefits not listed above, are not eligible for reimbursement.
The SUB-RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles,
radars, portable breath testers, etc.) to participate in the emphasis patrols.
3.Z.j.Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties
impacted by iproposed budget alteration, the allocation amounts may be increased or decreased without
amending tiris ageement. Grant funds should be managed collaboratively by the SUB-RECIPIENT and the
TZM.
These alterations must be requested through email communication among all involved parties, including the
TZM,and the WTSC Fiscal Analyst. This communication shall include an Allocation Adjustment form,
which details the funding alterations.
Funds within the same enforcement campaign budget category only, can be increased and decreased across
parties, so long as the modified total does not exceed the regional total allocation per funding category.
3,2.4.These funds, designated for salaries and benefits, are intended to pay for the hourly overtime costs and
proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the
statement of work. These funds may not be used for any other purpose for example any work required to
maintain a law enforcement commission including recertification trainings like firearm qualification'
3.2.5. The law enforcement agency involved will not schedule individual officer overtime shifts for longer
than eight hours. WTSC understands there may be instances when more than eight hours are billed due to
DUI pr-ocessing or other reasons and an explanation should be provided on the WEMS Officer Activity Log.
3,2.6,The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is
claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is
authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate
and not at the 150 percent overtime rate.
3.3. SUMMARY OF PROJECT COSTS
The WTSC has awarded $25,200 in2022-AG-430l-Kent-Pacific Highway (SR 99) South Walker and
Roller Program for the purpose of conducting coordinated Walker/Roller Safety Enforcement activities. By
signing this agreement, the SUB-RECIPIENT is able to seek reimbursement for approved overtime expenses
incurred as a participant in this grant. All activity must be coordinated by the region's traffic safety task
force and TZMin order to be eligible for reimbursement.
The funding for Region 7/8 is as follows
EMPHASIS PATROL
Walker/Roller Safety Enforcement
(Section 405, CFDA 20.616)$25,20Q
3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be
commingled between categories.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPORTS
HUBa"CIPIENT agrees to have all personnel who work patrols submit a WEMS Officer Activity Log
within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed
in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant
management system, WEMS, is required. Supervisor review and accuracy certification will also be done in
WEMS.
5. ADVANCE PAYMENTS PROHIBITED
@oforinanticipationofgoodsorservicestobeprovidedunderthisAgreementshall
be made by the WTSC.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
tnis egreement may be amended by mutual agreement of the Parties in the form of a written request to
amendihis Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the Parties. Changes to the budget, SUB-RECIPIENT'S Primary Contact, and
WTSC Program Manager can be made through email communication and signatures are not required'
7. ALL WRITINGS CONTAINED HEREIN
@allthetermsandconditionsagreeduponbytheParties.Nootherunderstandings,
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 conhacts and agreements entered
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the
funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements
must include the federal provisions set forth in this Agreement in sections 34 thtough 42.
9. ATTORNEYS'FEES
tn the errent of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its
own attorney fees and costs.
IO. BILLING PROCEDURE
All invoices for reimbursement of enforcement activities will be done using the WTSC's grant management
system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the
activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up
documentation is required in most cases.
Once submitted by the SUB-RECIPIENT, invoices are routed to the regional TZM for review and approval.
The TZM will submit all approved invoices to the WTSC via WEMS within l0 days of receipt.
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 thelxpiration date of this Agreement. All invoices for goods received or services perfonned on or prior
to June 30,2022, must be received by WTSC no later than Augustl0,2022. All invoices for goods
received or services performed between July 1, 2022 and September 30,2022, must be received by WTSC
no later than November 15, 2022.
1 1. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
ftre SUS-nECIPIENT shall not use or disclose any information conceming 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
Cost. inc.roed under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
ftre SU3-ftECIPIENT 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
ta.f . pisputes 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
Diiector. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by
the decision.
1.4.2. 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
15J. Tfr" Agree-ent 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.
l5.2,Inthe event of an inconsistency in the terms of this Ageement, 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 Ageement, including materials incorporated by reference
16.INCOME
e"y incot te. earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications,
registration fees, or service charges) must be accounted for, and that income must be applied to project
purposes or used to reduce project costs.
17.IND TION
17.1. To the fullest extent permitted by law, the SUB-RECIPIENT
WTSC, its officers, employees, and agents, and process and defend
demands, suits at law or equity, actions, penalties, losses, damages,
shall indemnify and hold harmless the
at its own expense any and all claims,
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, i1s 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.
lS.INDEPEND CAPACITY
The employees or agents of each Party who are engaged in the performance of this
to be employees or agents of that Party and shall not be considered for any purpose
Agreement shall continue
to be employees or agents
of the other Party
19.INSURANCE COVERAGE
ti.f . fne SUB-RECIPIENT shall comply with the provisions of Title 5l RCW, Industrial Insurance, if
required by law.
19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to
the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with
proof of insurance coverage (e.g., vehicle liability insurance, private 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
Th. S1;B+.ECIPIENT 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
Ztl. Ouring 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, fuinished 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
disciose 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
fhe StIB-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 al| reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the
right to access, amend, and receive an accounting of disclosures of their Personal Information according to
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or
revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
Department of Health and Human Services all internal policies and procedures, books, and records relating to
the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement.
23. RIG 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
ihe extent provided by law. Ownership includes the right to copyright, register the copyright, distribute,
prepare deiivative 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 required to protect the
public interest.
24. SAVINGS
h th. .t."t fi*ding 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
@Agreementoranyprovisionofanydocumentincorporatedbyreferenceshallbehe1d
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
Whit" o" WTSC p.s*ises, 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
ett 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
If ttt" SUp-nBCIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-
day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
29. TERMINATION FOR CONVENIENCE
E."ept "r "t6e"'ise
provided in this Agreement, either Party may terminate this Agreement, without cause or
,eusorr, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be
liable only for paylnent required under the terms of this Agreement for services rendered or goods delivered
prior to the effective date of termination.
30. TREA OF'ASSETS
30.1. Title to all property furnished by the
furnished by the SUB-RECIPIENT for the
a direct item of cost under this Agreement
WTSC shall remain property of the WTSC. Title to all property
cost of which the SUB-RECIPIENT is entitled to be reimbursed as
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
,rndrr this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the
performanc" of tnir Agreement, or (ii) commencement of use of such property in the perfotmance 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 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. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notifli
the WTSC and shall take all reasonable steps to protect the property from fuither damage.
30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agteement.
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 HIGHWAY SAFETY GRANTS (23
cFR PART 1300 APPENDIX A):
32. BUY AMERICA ACT
ftre SU3-nECIPIENT 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}S percent. In order to use federal funds to purchase foreign
produced items, the WTSC must submit a waiver request that provides an adequate basis and justification,
and which is approved by the Secretary of Transportation'
33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the o'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. If it is later determined that the lower tier participant knowingly rendered an
effoneous 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 eroneous 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 transacti,on with a person who is proposed for debarment under 48 CFR patt 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
.,Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower
tier coverei 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;. Aparticipant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part9, subpart 9'4,
debarred, suspended, ineligible, or voluntaiily 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.g. 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 riquired 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 3 5 .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 pitt9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, the department or agency with which this transaction originated may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you' or take other
remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspendid, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such
participant shall attach an explanation to this Agreement'
34. THE DRUG.FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
34.1. The SUB-RECIPIENT shall:
34.l.l,Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that
will be taken against employees for violation of such prohibition'
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
counieling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon
employees for drug violations occurring in the workplace.
34.l.3.Make it a requirement that each employee engaged in the performance of the grant be given a copy of
the statement required by paragraph 36.1. I . of this section.
34,l.4.Notiff the employee in the statement required by paragraph 36.1.1. of this section that, as a condition
of employrnent undeithe grant, the employee will abide by the terms of the statement, noti$z the employer of
any ciiminal drug statute conviction for a violation occurring in the workplace no later than five days after
such conviction,ind 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 36.1.3. of this
section, with respect to any employee who is so convicted: take appropriate personnel action against such an
employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
34.l.6.Make a good faith effort to continue to maintain a drug-free workplace through implementation of all
of the paragraphs above.
35. FEDEIL{L FUNDING ACCOUNTABILITY ANP TRANSPARENqY AgT GFATA)
CIPIENTshal1,uponrequest'providewTSCthenamesandtota1
compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal
yeaireceived 80 percent or more of its annual gross revenues in federal awatds, received $25,000,000 or
more in annual gios t.rr"n tes 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 tS(d) of ttre Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. Ttte
""detsigned
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
Corrgr"rs, an offrcer or employe" oi Congr"ss, or an employee of a Member of Congress in connection with
the arwarding 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.If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant,loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying, in accordance with its instnrctions.
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 gtant,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 Vt,42 U.S.C. $ 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 forth in Appendix B of 49 CFR Part 2I 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 contract/funding Agreement, the WTSC will have the right to impose such contract/agreement
sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the
contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies,
and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part.
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. POLITICAL ACTIVITY (HATCH ACT)
The STIBIRECpIENT 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.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is
supported with NHTSA funds from engaging in direct communications with state or local legislative officials,
in accordance with customary state practice, even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
41. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursement regarding this Agreement:
The Contact for the SUB-
RECIPIENT is:
The Target Zero Manager for
Region 7l8 is:
The Contact for WTSC is:
Sgt. Jason Bishop
Sara Wood
Jessie Knudsen
jbisho eb,kentwa. ov
Region 8 Target Zero Manager
Program Manager
253-856-5877
swood@kentwa.gov
jknudsen@wtsc.wa.gov
253-856-5856
(360) 725-9888
42. AUTHORITY TO SIGN
The undersigned acknowledges that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligation set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Signature/
Printed Name
Cr� (W
Title
03-1(0-la
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Digitally signed by Pam Pan nkuk
PamP a n n k u k eDmailn ppan kuk@wt cwa.gov, -US
Date: 2022.03.21 08:58:39-07'00'
Signature
Pam Pannkuk
Printed Name
DeDuty Director
Title
03-21-2022
Date