136-22 - Washington Traffic Safety Commission - ContractDocuSign Envelope ID: 5C5FDCEC-DDA9-4856-A91E-6D4A36AFOC3C
BWEMS
Grant Requirements Acknowledgement Form for High Visibility
Enforcement (HVE) Mobilizations
WEMS ID: 2023-HVE-4690-Region 9 Target Zero Task Force
Before beginning work on this grant project, the grantee Project Manager should thoroughly read and
understand the terms of the Interagency Agreement (IAA). This Grant Requirements Acknowledgement
Form provides an explanation of some key terms and highlights but is not comprehensive. If 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.
If anything in this document conflicts with the Agreement/Contract, the Agreement/Contract takes
precedence.
Before you begin work, you must have:
• A fully executed IAA or contract signed by both parties.
• Attested to the Grant Requirements Acknowledgment Form(thisdocument).
Work cannot begin before the start date on the IAA, or before the IAA is signed by all parties. WTSC will only
reimburse expenses incurred after the IAA is fully executed.
Select Contract Provisions:
• Statement of Work: This summarizes the worktobedone forthisgrant. Ifthis changes significantly,
the grantee will need to request change in WEMS, and an IAAamendment maybe required.
• 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.
• 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.
• Officer Training Requirements: Any officer participating officer must document in WEMS that they
have current qualifications for BAC and SFST.
• Period of Performance: All work must be completed, and goods and services must be received, during
the period of performance on the IAA.
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• 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 IAA.
o Expenses cannot exceed the total amount of the agreement and must fall within the amounts of
each budget category as listed in the IAA.
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: If 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 Interagency 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 $5,000, the grantee must provide written
certification that the goods, including IT 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.
• Income: 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
Other Requirements:
• Promotional Item Purchase Restrictions: No promotional items can be purchased with these
grant funds.
• Single Audit Requirements: Required of an entity that expends $750,000 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.
DocuSigned by:
I Agree �b �u�c�a� y of PONT y®r chard 11/22/2022
3B96492EY5847D...
(Name, Agency, Title) (Date)
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INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
Port Orchard Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety
Commission, hereinafter referred to as "WTSC," and Port Orchard Police Department
hereinafter referred to as "SUB -RECIPIENT."
In 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. 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 20.600 for
traffic safety grant project 2023-HVE-4690-Region 9 Target Zero Task Force, specifically to
provide funding for the law enforcement agencies in WTSC Region 9 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-4690-Region 9 Target Zero Task Force was awarded to the Region 9 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.
2. PERIOD OF PERFORMANCE
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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. SCOPE OF WORK
Problem and Opportunity 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. In 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 2021, the number of unrestrained fatalities and
serious injuries have increased to the highest number since before 2010. 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.
In 2020, Washington experienced a 40 percent reduction in proactive traffic safety enforcement
across the state.
In Region 9, Speed (31%), pedestrian (37%), lane travel (31%) and impaired driving (25%) were
top causes for 2021 fatalities and guide the traffic safety goals for 2023.
Proiect Purpose and Strategy:
This project will fund 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 local TZMs, LELs, and their local Target 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:
• Impaired driving enforcement during the Holiday DUI campaign (December 14, 2022 —
January 1, 2023).
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• Distracted driving enforcement during the Distracted Driving campaign (April 3 —10,
2023).
• Seat belt enforcement during the Click It or Ticket campaign (May 15 — June 4, 2023).
• Impaired driving enforcement during the Summer DUI campaign (August 16 —
September 4, 2023).
These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero
Managers will establish or strengthen relationships with key WSP district personnel to 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 Safety Enforcement Program (TSEP)
1. 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.
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 -RECIPIENT will ensure all officers participating in Impaired Driving patrols have also
received Advanced Roadside Impaired Driving Enforcement (ARIDE) training.
4. SUB -RECIPIENT shall ensure all participating personnel will 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.
Project Intent and Best Practice
1. 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 It or Ticket campaign in
May 2023, and Summer DUI campaign in August 2023).
NOTE: Agencies must participate in speed or impaired driving enforcement under this
agreement to be eligible to receive funding under the WASPC equipment grant.
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2. SUB -RECIPIENT is strongly encouraged to participate in their task force to plan and
execute enforcement events.
3. Regional task 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 15, December 15, March 15, and June 15.
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. It 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,
distracted driving, etc.
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 Impaired driving:
The Task Force may engage a DUI mentorship program to train additional officers for
DUI related activities. Best practice for DUI mentorship includes 16 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. NATIONAL AND STATE-WIDE MOBILIZATIONS
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.
Mobilization
Dates
Holiday DUI
December 15, 2022—January 1, 2023
U Drive. U Text. U Pay.
April 3 —10, 2023
Click It or Ticket
May 15 —June 4, 2023
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It's a Fine Line (optional if funded) July 7 — 23, 2023
DUI Drive Sober or Get Pulled Over August 16 — September 4, 2023
3.2. COMPENSATION
3.2.1. 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 total from 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.
3.2.2. 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:
10. FICA
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 the TZM.
These alterations must be requested through email communication between the regional TZM
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.
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3.2.4. 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 personnel for work on
this project providing SUB -RECIPIENT has received prior approval from their region's TZM. This
activity must be overtime and only the expenses listed in section 3.2 and its subsections will be
reimbursed.
3.2.6. Transport Officers: WTSC will reimburse transport officers for their work on this project
providing SUB -RECIPIENT has received approval from 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.
3.2.7. 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.
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 $93,780 to the Region 9 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 9 is as follows:
EMPHASIS PATROL
Impaired Driving Patrols
$41,220
Distracted Driving Patrols
$8,280
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Click It or Ticket
$8,280
Speed
$27,720
Motorcycle Safety
$8 280
TOTAL
$93,780
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY 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.
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.
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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 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 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, 2023, 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
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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.
i1rAlia014►Fi1►119141-A9ML1I
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.
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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.
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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
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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.
` ria IhI M
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. If 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.
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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.
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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
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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.
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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.
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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
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:
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The Contact for the SUB-
RECIPIENT is:
The Target Zero Manager for
Region 9 is:
The Contact for WTSC is:
Marsha Masters
Jerry Noviello
Region 9 Target Zero Manager
WTSC Program Manager
360-551-6233
jnoviello@wtsc.wa.gov
mmasters@kitsap.gov
360-725-9897
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.
DocuSigned by:
Kati P4MA SWA,
FBFF_Fl_d%
Signature
Rob Putaansuu
Printed Name
Mayor
Title
11/22/2022
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Digitally signed by Pam Pannkuk
Pam Pa n n ku k email =Pam kuk@wksc.wa.
email=ppannkuk@wtscwa.gov, c=US
Date: 2022.11.29 12:17:24-08'00'
Signature
Printed Name
Title
Date