HomeMy WebLinkAboutCAG2023-196 - Original - Washington Traffic Safety Commission - 2023-AG-4702-Kent Pacific Highway (SR99) Walker & Roller Safety Program - 10/01/2022 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
Sara Wood Police
Date Sent: Date Required:
c 03/29/2023 N/A
CL Authorized to Sign: Date of Council Approval:
C Director or Designee N/A
Budget Account Number: Grant?OYesE]No
Budget?W]Yes:No Type: Local
Vendor Name: Category:
Washington Traffic Safety Commission Other
Vendor Number: Sub-Category:
= Original
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Project Name: 2023 -AG-4702-Kent Pacific Highway (SR 99) South Walker & Roller Program
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1. Project Details: Fully executed agreement between WTSC and Kent PD for
= pedestrian and bicycle safety enforcement.
c
40
40 Agreement Amount: $3 5OO Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 10/1/2022 Termination Date: 9/30/2023
Q Local Business?F_1YesP'1No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
FlYes�✓ No CAG2023-196
Comments:
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Date Routed to the City Clerk's Office: 3/30/23
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rev.20210513
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 KENT POLICE DEPARTMENT , hereinafter referred to as
"SUB-RECIPIENT."
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. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to provide funding,provided by the United States Department of
Transportation (USDOT)National Highway Traffic Safety Administration (NHTSA) and allowed under the
Assistance Listings Catalog of Federal Domestic Assistance(CFDA) number 20.616, for traffic safety grant
project 2023-AG-4702-Kent-Pacific Highway (SR 99) South Walker and Roller Program, specifically to
provide funding for the law enforcement agencies in WTSC Region 7/8 to conduct overtime walker/roller
safety enforcement 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-AG-4702-Kent-Pacific Highway (SR 99) South Walker and Roller Program was awarded to
the Kent Police Department and the King County (WTSC Region 7/8)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 as a participant in 2023-AG-4702-Kent-
Pacific Highway (SR 99) South Walker and Roller Program.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both Parties,
but not earlier than October 1, 2022, and remain in effect until September 30, 2023, unless terminated
sooner, as 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 and 2) 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,target violation, 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 traffic crashes.
3. The enforcement is multi jurisdictional 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 encoura ed to educate drivers about walker and roller laws and safev durine traffic
AU—S.
6. The SUB-RECIPIENT deploys resources to enforce traffic laws in priority areas throughout the year
when this project not being 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.
• Purpose, goals, strategy, and objectives of the specific enforcement with a focus on the targeted
locations and driving behaviors
• List of on-call DREs and request procedures
• How to fill out their digital activity log in WEMS
• Information on how the Mobile Impaired Driving Unit will be used(if applicable)
• Dispatch information
• All Participating officers
• Spotter processes (if applicable)
• Available Draeger machines and locations (if applicable)
3. To utilize all available media platforms it has available (website, email newsletters, 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 Dates
Walker/Roller Safety High Visibility Enforcement April 9—April 29
Other dates could be identified by the task force. TBD
3.2. COMPENSATION
3.2.1. 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 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 7/8 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:
• FICA
• Medicare
• Any portion of L & I that is paid by the employer(SUB-RECIPIENT)
• Retirement contributions paid by the employer(SUB-RECIPIENT) can be included if the
contribution is based on a percentage of their hours worked
Health insurance, or any other benefits not listed above, are not eligible for reimbursement.
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 allocation amounts may be increased or decreased
without amending this agreement. 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 processing 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 SEATAC POLICE DEPARTMENT $3,300 in 2023-AG-4702-Kent-Pacific
Highway (SR 99) South Walker and Roller Program for the purpose of conducting coordinated
Walker/Roller Safety Enforcement and education/outreach 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 TZM in order to be
eligible for reimbursement.
The funding for SEATAC POLICE DEPARTMENT is as follows:
EMPHASIS PATROL
Walker/Roller Safety Enforcement
$3,30
(Section 405, CFDA 20.616)
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
The SUB-RECIPIENT 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
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall
be made by the WTSC.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties in the form of a written 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. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties.No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the Parties hereto.
8. ASSIGNMENT
The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld.
The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. 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 through 42.
9. ATTORNEYS' FEES
In 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. 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 10 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, 2022, must be received by WTSC no later than August 10,2023. 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 15,2023.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information
which may be classified as confidential, for any purpose not directly connected with the administration of
this Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for
federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this
section by the SUB-RECIPIENT, to annul this Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement,which are not resolved by agreement of the
Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the
Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by
the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved.
15. GOVERNANCE
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. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
15.2.1.Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Agreement
15.2.3. Any Amendment executed under this Agreement
15.2.4.Any SOW executed under this Agreement
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
16. INCOME
Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.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. INDEMNIFICATION
17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind("claims")
brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's
performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all
claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to
the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and
subcontractors. Provided, however,that nothing herein shall require the SUB-RECIPIENT to indemnify and
hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by
the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if
such claims result from the concurrent negligence of(a)the SUB-RECIPIENT, its officers, employees,
agents, contractors, or subcontractors, and (b)the WTSC, its officers, employees, or agents, or involves
those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents,
contractors, or subcontractors.
17.2. The SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18.INDEPENDENT CAPACITY
The employees or agents of each 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.
19. INSURANCE COVERAGE
19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 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
The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and
registration requirements and standards necessary for the performance of this Agreement. The SUB-
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and
be responsible for payment of all taxes due on payments made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC,the Office of the State Auditor, and
federal officials so authorized by law. All books,records, documents, and other material relevant to this
Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors,
the WTSC, and any duly authorized representatives shall have full access and the right to examine any of
these materials during this period.
21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other
Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not
disclose or make available this material to any third Parties without first giving notice to the furnishing Party
and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures
and protections to assure that records and documents provided by the other Party are not erroneously
disclosed to third Parties.
22. RIGHT OF INSPECTION
The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with
the right to access, amend, and receive an accounting of disclosures of their Personal 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. RIGHTS IN DATA
23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called"Work
Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act,
17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not
limited to,reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer
programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases
to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute,
prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer
these rights.
23.2. If 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
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to completion of the SOW under this Agreement,the WTSC
may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-
day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new
funding limitations or conditions.
25. SEVERABILITY
If 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
If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions,the WTSC will give the SUB-RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion,the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. 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
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. If 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. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub-contractors.
31. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23
CFR PART 1300 APPENDIX A):
32. BUY AMERICA ACT
The SUB-RECIPIENT will comply with the Buy America requirement(23 U.S.C. 313)when purchasing
items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determines that
such domestically produced items would be inconsistent with the public interest, that such materials are not
reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project contract by more than 25 percent. 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 "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 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
"Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,"without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier
participants to comply with 2 CFR part 180 and 23 CFR part 1300.
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, 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, 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 WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
34.1. The SUB-RECIPIENT shall:
34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that
will be taken against employees for violation of such prohibition.
34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the
workplace; the SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon
employees for drug violations occurring in the workplace.
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of
the statement required by paragraph 36.1.1. of this section.
34.1.4.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, and/or require such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency.
34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all
of the paragraphs above.
35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA,the SUB-RECIPIENT shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal
year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or
more in annual gross revenues from federal awards, and if the public does not have access to information
about the compensation of the senior executives of the entity through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief,that:
36.1.1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
36.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant,
loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly.
36.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each
such failure.
37. NONDISCRIMINATION (Title VI,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 21 and herein.
37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the WTSC, USDOT, or NHTSA.
37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this 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 SUB-RECIPIENT will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or
to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or
elements of helmet usage or checkpoints, and so fully complies with this requirement.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect(e.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- The Target Zero Manager for The Contact for WTSC is:
RECIPIENT is: Region 7/8 is:
Sgt. Dan Butenschoen Sara Wood Jessie Knudsen
Kent PD Region 8 Target Zero Manager Program Manager
dbutenschoen@kentwa.gov swood@kentwa.gov jknudsen@wtse.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.
WASHINGTON TRAFFIC SAFETY COMMISSION
Signatu / Sig ture
Akj�'1/ � / ,l!C jubbie r\i iuubur i
Printed Name Printed Name
aAw WTSC Program Manager
Title Title
03- 07. a3 03/09/2023
Date Date