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AG 21-106 - WTSCR'I'URN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I . ORIGINATING DEPT./DIV: PD 2. ORIGINATING STAFF PERSON: Lynette Allen/Brigham Schulz EXT: 6701 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E,G- BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANIENDMENT (AG#): ❑ INTERLOCAL J O'11-IER Grant 5. PRO.I l-,C I- NAME: Interagency Agreement between the Washington Traffic Safety Commission and Federal Way Police Department G. NAME OF CONTRACTOR: WTSC ADDRESS: 621 8th Ave SEf/409, Olympia, WA 98501 TELEPHONE 360-725-9888 E-MAIL: emascorro@wtsc-wa-gov Erika Mascorro FAX: SIGNATURE NAME: TITLE 7. EXI-IIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES A PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: October 1, 2020 (July 2021 Mobilization) COMPLETION DATE: September 30, 2021 1). TOTAI- COINIPENSATION $ City will receive up to $2,500 in overtime reimbursement (INCLUDE EXPENSES AND SALES TAX, IFANY) (II- CALCUI_.ATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND I-IOLIDAY RATES) RI:IINIBURSABLE EXPENSE:❑YES ANO ll'YES. MAXIMUM DOLLAR AMOUNT: S IS SALT{STAX OWED AYES GNO IF YES, S PAID BY: ❑ CONTRACTOR ❑ CITY RI_�I AINAGF: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ® PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUi11ENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER _ A DIRECTOR Andy Hwang _ ❑ RISK MANAGEMENT (IFAPPLICABLE) 9 LAW DK 03-10-2021 11. COUNCI LAPPROVAL(IFAPPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SI_ENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D- ❑ AI'TACI I: SIGNATURE AUTHORITY. INSURANCF, CERTIFICATE. LICENSES, EXHIBITS CRI-;A'I I1 1:LI:C'I RONIC REMINDER/NO"1'I1-'ICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. Support staff if necessary- and Teel I'ree to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ LAW DEPARTMENT ,/ El SIGNATORY (MAYOR OR DIRECTOR) T N—C 9-1 ❑ CITY CLERK ❑ ASSIGNED AG# AG# - COMMENTS: J2017 INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND FEDERAL WAY POLICE DEPARTMENT THIS AC3,REEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and FEDERAL WAY POLICE DEPARTMENT, hereinafter referred to as'`SlJl3 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 o'1'this Agreement is to provide funding; provided by the United States Department of Transportation (IJSDOT) National Flighway "hraffic Safety Administration (NIl"I'SA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (C:FDA) numbers 20.600, for traffic salety grant projeci 21)21-AG-4109 Kink County Distracted 'Driving Campaign, specifically to provide funding for the law enforcement agencies in WTSC Regions 7 and 8 to conduct overtime high -visibility enforcement (FIVE) traffic safety emphasis patrols as outlined in the Stateil,ent of work (sow), in support of Target Zero priorities, The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LLL) shall coordinate the SOW \with the SU13-RFCIPIf>N1 with the goal of reducing traffic crashes. Grant 2021-AG-4109 King County Distracted Driving Campaign was awarded to the Regions 7/8 to Support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB -RECIPIENT is able to seek reimbursement for approved straight time or overtime expenses incurred as a participant in the region's 1-IVE grant. 2. PERIOD OF 11EIRFORIVIANCE The period oFpedorniance of this Agreement shall commence upon the date ofexecution by both Parties. but not earlier than October I, 2020, and remain in effect until September 30, 2021, unless terminated sooner, as provided herein. 3.. STATEMENT OF WORK SCOPE OF WORK; Note: This statement of work applies only to High Visibility Emphasis patrols (FIVE) for traffic safety areas which your region has received FIVE funding. COAL: To prevent traffic crashes to reduce traffic related deaths and serious injuries through increased enforcement. srRATEGY: Prevent drivers from engaging in high risk behaviors by increasing their perception of the risk of receiving a citation through high visibility enforcement campaigns (HVE). FIVE Campaigns influence driver behavior by creating the perception that there is an increased risk of engaging in risky driving behaviors. This perception is achieved through 1) an increase in media messages 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 (officers pulling cars over) that reinforces the media messages they received and influences them to modify their driving behavior. OBJECTIVES: Research and experience has shown that the strategy is only effective if all partners that engage in FIVE adhere to these requirements. "The SUB -RECIPIENT agrees to follow all seven of these requirements. I. I111LICInem rite IIoililization )lair develo "ed k v the Iocal tra!'lic.salel%to-,k Corce for e607 i IVI' klVelit that includes: a. Problem Statement b. Description of enforcement strategy, including expected law enforcement agencies participating in the event, target violation; and target locations so that the FIVE has the greatest chance of preventing traffic crashes. C. Public outreach strategy that targets the drivers most likely to contribute to traffic crashes. d, Evaluation plan 2. The event is data driven. 'I:'his means data (such as traffic crash data) is used to identify the locations where the I:IVE should occur and drivers with the highest potential of causing traffic crashes. The enforcement is III UWjurisdictionaland uses a sahiratit►lt approach. This means SUES -RECIPIENT is coordinating its efforts with adjacent law enforcement agencies so that the driving public has the perception of law enforceillen.t omnipresence on the targeted roads. h.nforcement is highly visible clearly more than a typical day. WTSC proposes that no less than three officers work an FIVE. 4. Each participating officer will make at least 3 contacts per hour. 5. Thy .public is made ~��v.ire of the event before. dtit ins, __and �.rrfarcerpent takece. This means that messages reach all target audiences in the community, regardless of English proficiency, who use the targeted transportation system. The WTSC will conduct statewide public education campaigns during national campaigns, but it is the responsibility of the SUB -RECIPIENT and task force to ensure that all elements of I IVE are being met. 6. Local media arc highly involved in the effort to reach communities in which HVE will occur. 7. The SUB-RECIi'[EN'I�' de *vs. resources to enforce traffic laws in nrinrity �tre�ts througk�tt�il the � et�_r when HVE: is not bring intPlemented. _. ADDITIONAL REQUIREMENTS FOR ALL HVE EVENTS: In addition to the seven critical elements, SUB -RECIPIENT agrees to all of the following requirements for all HVE events. TO use the WEMS system provided by the WTSC to record all activities conducted by their commissioned officers pursuant to the HVE events. SUB -RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. Z. 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, entail. or virtually. • Purpose, goals, strategy, and obJectives of the specific HVE event with a focus on the targeted locations and driving behaviors • List of on -cal I 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 3. All officers participating in these patrols are BAC certified and passed the SFST refresher training within the prior three years (this is regardless of ARIDI or DW' "Draining incnliuncd bclo\\ ). To utilize all available media platforms it has available (website, email newsletters, social media etc, to the fullest extent to publicize the HVE; events. 5. Make at least one individual available for weekend media contacts, beginning at noon on Fridays before LIVE mobilizations. ADDITIONAL REQUIREMENTS FOR SPECIFIC HVE EVENTS In addition to the seven critical elements, and the additional requirements of all HVE events, the SUB - RECIPIENT agrees to all of the following requirements for each type of specific I4VE in which they will participate. 1, DISTRACTED. DRIVING a. Distracted driving HVE events will be conducted using a team approach with designated spotters. b. SUB-REC'll'IE.NT will participate in a King (:'aunty "I'"argot Zero Task force distracted driving emphasis campaign between July - September 2021 (specific dates "T131)). OT1-i1?,It CONSIDERATIONS, EXCEPTIONS, AND NOTES REGARDING HVE EVENTS At least three contacts per hour requlrellicllt explained; Participating law enforcement officers should make as many contacts as they can during their OT patrol in the spirit of changing driving behavior. They must make a minimum of three self -initiated contacts per hour of enforcement unless they engage in a related enforcement activity that prevents them from doing so — in which case, the contact requirement is waived while the officer is addressing that activity. For example, if an officer stops a vehicle and arrests the driver for DUI, he/she is not required to male three contacts per hour for the Lime spent processing the DUI, Other activities, such as collision investigations or emergency response that are not initiated through en-iphasis patrol contact WILL NOT be reimbursed. l:)istraeted DrivinL) HVE Events: • With the State of Washington's distracted driving law, these patrols will be important to ensure through education and enforcement that drivers understand and are following the new law `4 6,16. l .,fl %2.) . • Thesc patrols shal I be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local 'Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of past distracted driving violations. This approach has shown to best identify distracted driving violations. • S�oLtcr Req&ii i _ii).cd;, A distracted driving HVE patrol must consist of at least three officers one spotter and at least two officers responding to violations. • '['his funding can be expended outside of the national campaigns, but the funds must only be used for distracted driving HVE enforcement, 3.1..N11 WsSTON-ES AND DEUIVERABLES Mobilization On the Road, Off the Phone 3.2. COMPENSATION Dates July— September 2021 3.2.1. Compensation for the straight time or overtime wort: provided in accordance with this Agreement has been established under the terms ofRCW :39.34. "The cost ofaccomplishing the \�ork described in the will not exceed dollar total fi-orn anulunts 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 ofthe [legions 7/8 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 (overtime expenses will be reimbursed 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 SI1B-RECIPIENT1' 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. FIVE 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 commUmcation shall include an FIVE Allocation Adjustment Form, which details the funding alterations. [-unCls within the same FIVE 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 offringe 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 wort: 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 -rm 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 SUl3-RE;CIP[l"N`I' has received approval from their regions TZM. The "I-ZM will work with the regional LEI_ to determine if need is warranted for the type orHVE, activity. "['his 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 DLJI 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. SLINIMARV 01+ PROJECT COSTS The WTSC has $2,500 to the FEDERAL WAY POLICE DEPARTMENT for the purpose of conducting coordinated overtime HVE activities. By signing this agreement, the SUB -RECIPIENT is able to seel< 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 TZ,M in order to be eligible for reimbursement. The funding for FEDERAL WAY POLICE DEPARTMENT as follows: EMPHASIS PATROL is(•acted Driving Patrols Section 402. CFDA 20.600) $2,500 3,11. The 1 1r)(IS ISSLIed Linder this Agreement are only to be used for the specified category and shall not be coniiiiingled between categories. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB -RECIPIENT agrees to have all personnel who work NVE 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 PAN .\IVNTS 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. ACID I V,N I I• NT ALTERATIONS AND ANLENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to arnend 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 terns 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. 9. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided Linder this Agreement. in whole or in part. N idiOLII the expl'eSS p1101' WI"Ittell 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 lirllited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds front NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. 9. A'T'TORNEYS' 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 reinlbursenlenl of FIVE activities will be done using the WTSC's grant manaarement system, \�2EMS. 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 docLmlcrltation is required in most cases. Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval, The TZ_M 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, 2021, must be received by WTSC no later than August 10, 2021. All invoices for goods received or services performed betNveen July I, 2021 and September 30, 2021, must be received by WTSC: no later than November 15, 2021, 11. ('()NI' II)I,,N'I"1;k1,I'I'YlSAI I?(;UAitl)INC: 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 PIUNCIPLLS Costs incurred under this Agreement shall adhere to provisions of.' CFR Part 200 Subpart I, 13, COVENANTAGAINST CONTINGENT FEES The SUE -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 SUE -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-RECIPIF.,NT'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 SCJB-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 ,'Vashington and mly applicable federal laws. The provisions ofthis 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 IC. INCOM1,' Any income earned by the SUB -RECIPIENT from the conduct of the 5OV/ (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 SUE -RECIPIENT shall indemnify and hold harmless the WfSC, 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 SIJEB-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 SUES -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 AgreelTlent 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+, MI. The SUB -RECIPIENT shall comply with the provisions offitle 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. LI.CUNIslNG, ACC'RE1)iT:'ITION. 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- RE:CIPIEN'h shall complete registration with the Washington State Department of Revenue, ifrequired, and be responsible for payment ()fall taxes clue on payments made under this Agreement. 2t. RECORDS itk1AINiTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RE.,CIPiENT 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. 'Tile 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 rl1ediurn, 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. Lach 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 INSPEuriON 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 tirnes, 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, aniend, 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 IDLINuant 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 lnf0rinatioi7 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 Produc(") 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 Iii sited 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. Ii'for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RI CIPII N'T' 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 NITYSA 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 AsJrecment under the "TERMiNATiON FOR CONVENIENCE' clause, without the 30- day notice requirement. The Agreement is subject to renegotiation at the W` SC's discretion under any new funding limitations or conditions. 25. SEVERABILITY I f 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, SI'I'I SECIJRITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in C. all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payrol I 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 CAIJS*.E 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 CONVENIENCI? FAcept 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. 311. TREATML'NT 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-REC[PIEN'f 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 properly 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 (h) 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 OCCLI I'S. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shalt, unless otherwise provided herein or approved by the WTSC, be used only for the performance ofthis Agreement. 30.3. The SUI3-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- RECIPII:-,N'I' 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 notily the WTSC and shal i 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 SIM-RECIPIENT under this clause shall also include SUB-RECIiIIENT'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 ASSIJRANCF,S FOR HIGHWAY SAFETY GRANTS (23 ChR .PART 1300 APPENDIX A): 32. BUY AMERICA ACTT 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 ofTransportation 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 niore than 25 percent. in order to use federal Rinds to purchase foreign produced items, the WTSC nTlust submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation.. 33. DEBARMENT AND SUSP N 'ION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RF.,CIPTENT (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. [fit 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 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 inelude the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower "Pier 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 CPR 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 term irate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered "I" ransactions 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. 33A 1. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG -FREE WORKPLACE. ACT OF 1988 (41 U.S.C. 8103) 34.I. The SUB-RF,CIPIFNT 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-RECTPIEN'T'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. Male 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 laterthan five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otlierwise 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.:Mal�e a good faith effort to continue to maintain a drug -Free workplace thl'oUgh 1111pIC111CML10011 01 all of'the paragraphs above. �5 FEDERAL FUNDING ACCOUNTABILITY AND `I'RANSPARENC'Y ACT ( FAT_A) In accordance with FFATA, the SUES -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 1•vi I I be paid, by or on behalf of the undersigned, to any l.lerson for influencing or attempting to influence an officer or employee of any agency, a Member of C'ongress, 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 ofanv cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36A.2. I f any funds other than federal appropriated fiends 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- 1.,1.,1.., 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 dOCUl11CIItS 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 f'or each such failure. 37. NONDISC:RiM[INATION (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 corrlply with all federal nondiscrimination laws and regulations, as may be amended from time to tlllle. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulalion, as set forth in Appendix B of49 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 NI ITSA determine are appropriate; ineluding 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 GIaUSe, nlGluding all paragraphs, In every SUb-contract and SUb-agreement and n1 evcry solicitation For a sub-ContraCt Or SUb-ag1'ecmellt that ruciVCS tedel'al FuIICIS Undel- thlS pl'0,_?1'alll. Ski. POLITICAL let"1`IVI'IN HAIVI-I Aur The SUB-RECIPIENTwill 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 icderal funds. 39. PROH.IBITION ON USING GRANT FUNDS TO CHECK FOR HELMET tJSAGE The SUES -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 inliucnce a state or local legislator to -favor or oppose the adoption ofany 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 NI1"]"SA lands Iron•t 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 specific pending legislative proposal, 4.1. DESIGNATED CONTACTS The Following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursement regarding this Agreement: The Contact for the SUB - RECIPIENT is: The Target Zero Manager for Regions 7/8 is: Lt. E:3righam Schulz SWi) \.00d Brighaill. Schulz6gi.cityof'ederalway.com �'At'. 253.835.6743 2-856-5856 The Contact for WTSC is: Erika Nlascorro WTK Program Manager (360) 725-98F 42. AUTtAMITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. � Signature 4,vow 14 G 1 Printed Nalnc e .E_A= "Title I y [Nate WASI-IINGTON TRAFFIC SAFETY COMMISSION Signature �1 Vv Printed Name r�w nt?,n n/,.-- "�WhQ.Ga,-) Title Date