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HomeMy WebLinkAboutCAG2022-485 - Original - Washington Traffic Safety Commission - Target Zero Task Force: High Visibility Enforcement (HVE) Mobilization - 10/18/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor 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 I I I,WEMS Grant Requirements Acknowledgement Form for High Visibility Enforcement (HVE) Mobilizations WEMS lD: 2023-HVE-4689-RegionT/8 Target Zero Task Force Before beginning work on this grant project, the grantee Project Manager should thoroughly read and understand the terms of the lnteragency Agreement (lAA). This Grant Requirements Acknowledgement Form provides an explanation of some key terms and highlights but is not comprehensive. lf the project Manager has questions after reviewing this document, please refer to the WTSC Grants Management Manual, or contact the WTSC Program Manager assigned to this grant. When you, the grant Project Manager, agree to this document, you certify that you understand the grant requirements and agree to fully comply with the terms and conditions set forth in the Agreement/Contract, as well as additional federal requirements outlined in the Code of Federal Regulations for Federal Grants and Agreements, as referenced below. lf anything in this document conflicts with the Agreement/Contract, the Agreement/Contract takes precedence. Before you begin work, You must have: o A fully executed IAA or contract signed by both parties. o Attested to the Grant Requirements Acknowledgment Form (this docu ment). Work connot begin before the start dote on the IAA, or before the tAA is signed by all parties. WTSC will only reimburse expenses incurred after the IAA is fully executed. Select Contract Provisions: o Statement of Work: This su m ma rizes the work to be done for th is gra nt. lf th is cha nges significa ntly, the grantee will need to request a change in WEMS, and an IAA a mend ment may be required. o High Visibility Enforcement (HVE) Operational Requirements: The specific HVE requirements listed in the Scope of Work are extremely important to the success of the high visibility enforcement strategy ALL of these requirements must be followed. o WEMS Digital Activity Log: WTSC requires all agencies participating in high visibility enforcement to use the WEMS system to document the activity of all participating officers. An officer cannot participate if they do not have a WEMS account and do not input their activities into the WEMS digital activity log. o Officer Training Requirements: Any officer participating officer must document in WEMS that they have current qualifications for BAC and SFST. o period of performance: All work must be completed, and goods and services must be received, during the period of performance on the lAA. Page 1 of 2 a Compensation: o Comp time is not an allowable expense for reimbursement on a high visibility enforcement (HVE) campaign contract or other OT (Overtime) patrol projects. The funding for these types of projects are for the actual activity of patrolling and comp time or any other type of leave will not be reimbursed. o All expenses must be incurred during the period of performance on the lAA. o Expenses cannot exceed the total amount of the agreement and must fall within the amounts of each budget category as listed in the lAA. o Funds may be moved, with prior approval and within certain limits, between planned budget categories. A formal request must be submitted to the Target Zero Manager. Advance Payments Prohibited: WTSC cannot pay for any costs prior to the work being completed or the goods being delivered. Agreement Alterations and Amendments: lf your agency wants to seek an exception to any of the HVE operational requirements, you must submit an exception request to the WTSC's primary contact listed in the in lnteragency Agreement. Billing Procedure: Your agency is required to utilize the Digital Activity Log in the WEMS system, supplied by the WTSC for all of your invoices. Your local TZM can give you training and support if you need assistance using this system. Buy America Act: For any manufactured goods over 55,000, the grantee must provide written certification that the goods, including lT software and hardware, were produced in the USA. Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff or expenditures. Must comply with 2 CFR Part 200 Subpart E' lncome: Any income generated with this grant must be accounted for and applied to project purposes or used to reduce Project costs. Lobbying/Political Activity: Because this grant uses federal funds, no work being funded by this grant can be used to lobby or otherwise influence state or federal officials, or support or oppose legislation; there is an allowance for "customary state practice." Records Maintenance: Maintain records pertaining to this agreement for 6 years after expiration a o o o a a o a Other Requirements: r promotional ltem Purchase Restrictions: No promotional items can be purchased with these grant funds. o Single Audit Requirements: Required of an entity that expends 5750,000 or more annually of federal funds, federal grants, or federal awards; usually performed annually. By checking this box and typing your name below, you certify that you agree to fully comply with the terms and conditions set forth in the Agreement, as well as the requirements listed in this document. Typing your name below constitutes your electronic signature on this document. ,A^/r4/+ drr"o flor* /(<*/4tn, (Name, Agency, Title) ch,bk f/,,lAgree (Date) Page 2 of 2 INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Com mission 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-REClPlENT." ln FFY2023, the Washington Traffic Safety Commission has delegated the management and oversight of this project to the Washington Association of Sheriffs and Police Chiefs (WASPC) by contractual agreement. WASPC will act as WTSC's agent in the management and oversight of this project. WTSC will establish agreements with all participating agencies before transferring responsibility to WASPC. WTSC reserves the right to contact participating agencies regarding any elements of this contract. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1.P SE OF THE AGREEME NT 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 Listings Catalog of Federal Domestic Assistance (CFDA) number 20'600 for traffic safety grant project 2023-HVE-4689-Region 7 & 8 Target Zero Task Force, specifically to provide funding for the law enforcement agencies in WTSC Region 7 & 8 to conduct straight time or overtime enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB-RECIPIENT with the goal of reducing traffic crashes. Grant 2023-HVE-4689-Region 7 & 8 Target Zero Task Force was awarded to the Region 7 & 8 to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB- RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the region's HVE grant. Page I of 18 2. PERIOD OF P ERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than Octob er L, 2022, and remain in effect until September 30, 2023, unless terminated sooner, as provided herein. 3. SCOPE OF WORK Problem and Opportunitv Statement The main causes of serious injury and fatality collisions on Washington's roadways are driver impairment through drug and/or alcohol use, and distracted driving. ln addition, nearly one in every three fatal crashes between 2016 and 2020 involved speeding as a contributing factor, Despite an increased seat belt use rate in 2O2L,the numberof unrestrained fatalities and serious injuries have increased to the highest number since before 20L0. Since 2019, unrestrained fatalities have increased over 30 percent and serious injuries have increased 58 percent. Motorcyclists also represent a high number of injured and killed because of unsafe and poorly trained riders and the challenges vehicle drivers face in observing motorcycles on the road. ln 2O20, Washington experienced a 40 percent reduction in proactive traffic safety enforcement across the state. Crash data from 2018 -2022 (year to date for 2022)in Region 7 & 8 are in alignment with the strategic planning process at the regionalJune law enforcement committee meeting. lmpairment and speed were the most common cause of serious injury and fatal crashes each year. The data in the table below show the number of fatal and serious injuries associated with impairment and speed are increasing over the past few years and are of great concern. Additionally, the number of fatal and serious injuries due to distraction and motorcycle safety remain elevated and require additional enforcement focus' Behavior Tvpe 2018 Fatal 2018 SI 2019 Fatal 2019 st 2020 Fatal 2020 SI 2021 Fatal 2021 SI 2022 Fatal 2022 SI Imnairment 2T 76 10 84 24 117 24 105 L2 44 Soeed 33 92 20 109 26 130 36 138 17 54 Distraction L7 L29 25 L27 15 89 18 L22.10 54 Motorcvcle 14 83 20 86 18 85 15 79 I 43 Region 7 & 8 data (see table below) show the number of crashes involving unrestrained occupants for 2018 -2022 (year to date for 2022) has been increasing over the past few years and requires additional enforcement efforts: 2018 2019 2020 2D2t za22 67 55 74 91 M Page 2 of 18 ln Region 7 &8,while most fataland serious injury crashes are caused by impairment and speed, there are also high incidents of crashes caused by distraction and involving motorcycles and unrestrained occuPants. Proiect Purpose and Strategv: This project willfund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEp) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by localTZMs, LELs, and their localTarget Zero Task Force' Task forces will use local data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in the following National Campaigns is mandatory: o lmpaired driving enforcement during the Holiday DUI campaign (December L4,2022 - January L,2023l'. o Distracted driving enforcement during the Distracted Driving campaign (April 3 - 10, 2023). o Seat belt enforcement during the Click lt or Ticket campaign (May 15 - June 4,2023). o lmpaired driving enforcement during the Summer DUI campaign (August 15 - September 4,20231. These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnelto improve interagency coordination with the WSP' Goal prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. Requirements for National Mobilizations and Traffic Safetv Enforcement Program (TSEPI L. HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. Page 3 of 18 2. The SUB-RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received and passed the SFST refresher training. 3. SUB-RECIPlENTwillensure all officers participating in lmpaired Driving patrols have also received Advanced Roadside I m pai red Driving Enforcement (ARl DE) tra i n ing. 4. SUB-RECIPIENT shall ensure all participating personnelwill use the WEMS system provided by the WTSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on an irregularities, challenges or other details that would help explain what was encountered during their shift. SUB-RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs' 5. Activity conducted outside of the quarterly task force operational plans will not be reimbursed. Proiect lntent and Best Practice L. SUB-RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2022, Distracted Driving campaign in April 2023, Click lt or Ticket campaign in May 2023, and Summer DUI campaign in August 20231. NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to receive funding under the WASPC equipment grant' Z. SUB-RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3. Regionaltask force will be submitting quarterly operational plans and SUB-RECIPIENT is encouraged to participate to the fullest extent possible. Quarterly operational plans are due October L5, December 15, March 15, and June L5' 4. participating officers should maximize their contacts during their patrols so that their activity contributes to the goals of the event' 5. SUB-RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available so that the public is made aware of the event before, during, and after the enforcement takes place. lt is a best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 6. SUB-RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7. When participating in motorcycle patrols SUB-RECIPIENT should focus on the illegal and unsafe driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, d istracted driving, etc. Page 4 of 18 8. When participating in motorcycle patrols SUB-RECIPIENT should ensure that enforcement will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely. 9. Mentorship for lmpaired driving: The Task Force may engage a DUI mentorship program to train additional officers for DUI related activities. Best practice for DUI mentorship includes L6 hours of instructions to an officer wanting to engage further in DUI emphasis activities. Up to 16 hours of overtime or straight time will be approved to both mentor/mentees. The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officer with a minimum of ARIDE training. Mentor/mentee activities will be pre-approved by the TZM or LEL after the mentee submits their interest. 3.1 t AND STATE.WIDE LIZATIONS Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of these. 3.2. COMP ENSATION g.2.1.. Compensation for the straight time or 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 totalfrom amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB-RECIPIENT mutually agree 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's traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. 3.2.Z.WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following: Mobilization Dates Holid DUI December L5,2022 - January L,2023 U Drive. U Text. U P ril3-10 2023 Click lt or Ticket M 15 - June 2023 It's a Fine Line (optional if funded)Jul 7 -23,2023 DUI Drive Sober or Get Pulled Over August 16 - September 4,2O23 10. FrcA Page 5 of 18 11. Medicare 12. Any portion of L & I that is paid by the employer (SUB-RECIPIENT) 13. 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. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB- RECIPIENT and thc TZM. These alterations must be requested through email communication between the regionalTZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan. g.Z.A.These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or 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. Dispatch: WTSC will reimburse communications officers/dispatch personnelfor work on this project providing SUB-RECIPIENT has received prior approvalfrom their region's TZM' This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. g.Z.G.Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB-RECIPIENT has received approvalfrom their regions TZM. The TZM will work with the regional LEL to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. g.2.7. 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 processing or other reasons and an explanation should be provided on the WEMS Officer ActivitY Log. Page 6 of 18 3.2.8. 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 S27O,0OO to the Region 7 & 8 Traffic Safety Task Force for the purpose of conducting coordinated overtime HVE activities. By signing this agreement, the SUB- RECIpIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region's traffic safety task force and TZM to be eligible for reimbursement. The funding (Section 402, CFDA 20.600) for Region 7 & 8 is as follows EMPHASIS PATROL lmpaired Driving Patrols s105,300 Distracted Driving Patrols S46,8oc Click lt or Ticket 528,80C Speed S64,8oo Motorcycle Safety s24,300 TOTAL S27o,ooc APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVIW REPORTS The SUB-RECIPIENT agrees to have all personnel who work HVE 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 No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. Page 7 of 18 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this 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. ALt WRITINGS CONTAINE D 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 34 through 42. 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. 10. BIttlNG PROCEDURE All invoices for reimbursement of HVE 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 1"0 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 the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30,2023, must be received by WTSC no f ater than August L0,2023. All invoices for goods received or services performed between July 1, 2023 and September 30,2023, must be received by WTSC no later than November L5,2023. Page 8 of 18 11. CON FI DENTIALITY/SAFEG UARDI NG OF I N FORMATION 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. COVE AGAINST CONTI GENT 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. plsPuTES 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. t4.2. Perf ormance 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 15.1. 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: L5.2.L. Applicable federal and state statutes and rules t5.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement L5.2.4, Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16.|NCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of Page 9 of 18 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. INDEMNIFICATION t7.L.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-RECIPlENTto 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.It5, 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. L7.2.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 shallsurvive termination of this Agreement. 18. INDEPENDENT CAPACIW The employees or agents of each Party 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. lg.INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, lndustrial lnsurance, if required by law. Lg.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.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. TICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, Page 10 of 18 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 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-RECIPtENT 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, andf 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 resu lt 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, L7 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, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Page 11 of 18 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,|f 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 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. SEVERABILIW 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 Page 12 of 18 failure. lf 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 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 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. AppLtcABrE cERTtFICAT|ONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): Page 13 of 18 32. BUY AMERICA ACT The SUB-REC1PIENT 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 "lowertier participant")is providingthe certification set out below and agreesto 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 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. Page 14 of 18 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 35.5. 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. 33.11. 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 WORKPTACE 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.L.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENTs 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 36.1.1. of this section. Page 15 of 18 g4.L.4. Notify the employee in the statement required by paragraph 36.1,1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of 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 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 , andf 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. FEDERAT FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATAI 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 annualgross 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 6L04 ofthe lnternal Revenue Code of 1986. 36. FEDERAT LOBBVING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 3G.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. g6,L.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. Page 16 of 18 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. 3G.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 L352, 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 5100,000 for each such failure' 37. NOND IMINATION (Title V|,42 U.S.C. S 2000d et seq.) 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 37.L.L.To comply with allfederal nondiscrimination laws and regulations, as may be amended from time to time. g7.L.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 2L and herein' 17.L.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required bythe WTSC, USDOT, or NHTSA. 97.L.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 untilthe contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part' 37.I.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 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. Page 17 of 18 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 comm u n ications, notices, a nd rei mbu rsement regardi ng this Agreement: The Contact for the SUB- RECIPIENT iS: The Target Zero Manager for RegionT&8is: The Contact for WTSC is: Sgt. Dan Butenschoen Kent PD d butenschoen @kentwa. go V (253) 856-5823 Region 7 Target Zero Manager Rebecca Lis 206-477-5085 rlis@ kingcountv.qov Region 8 Target Zero Manager Sara Wood 253-856-5856 swood @ kentwa .gov Jerry Noviello WTSC Program Manager j noviello@wtsc.wa.gov 360-725-9897 42. AUTHORIWTO 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. lN WITNESS WHEREOF, the parties have executed this Agreement. Signatu ,//n Printed Name cl,r/ tP /ta Title Date /O-/3- 2> WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date Page 18 of 18 Finance Director Debbie Johnson Oct 18, 2022 2023 HVE Reg 7 & 8 IAA & GRAF Kent PD Final Audit Report 2022-10-18 Created:2022-10-18 By:Christina Fremont (cfremont@wtsc.wa.gov) Status:Signed Transaction ID:CBJCHBCAABAA8F0pcW_O7uFZXONJgxmfU3_KB31EfCh8 "2023 HVE Reg 7 & 8 IAA & GRAF Kent PD" History Document created by Christina Fremont (cfremont@wtsc.wa.gov) 2022-10-18 - 8:19:01 PM GMT Document emailed to Debbie Johnson (djohnson@WTSC.WA.GOV) for signature 2022-10-18 - 8:19:37 PM GMT Email viewed by Debbie Johnson (djohnson@WTSC.WA.GOV) 2022-10-18 - 8:43:10 PM GMT Document e-signed by Debbie Johnson (djohnson@WTSC.WA.GOV) Signature Date: 2022-10-18 - 8:44:34 PM GMT - Time Source: server Agreement completed. 2022-10-18 - 8:44:34 PM GMT