HomeMy WebLinkAbout4423 Resolution - WTSC ILA 2024 Sub-Grants 5194 Region 14 Law Enforcement LiaisonResolution - WTSC ILA - 1
RESOLUTION NO. 4423
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN
INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON TRAFFIC
SAFETY COMMISSION AND THE PASCO POLICE DEPARTMENT FOR
THE LAW ENFORCEMENT LIAISON PROGRAM.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, the City of Pasco, Washington (City) and the Washington Traffic Safety
Commission (WTSC) desire to enter into this Interagency Agreement to support collaborative
efforts to conduct Law Enforcement Liaison (LEL) activities; and
WHEREAS, the City wishes to contribute a commissioned officer to work with WTSC
and local law enforcement agencies to develop and implement statewide initiatives focusing on
traffic safety education and culture change at the local level; and
WHEREAS, the City shall do the things necessary for, and incidental to the performance
of duties set forth in this Agreement; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City to enter into the interagency
agreement to conduct straight time or overtime law enforcement liaison activities with the WTSC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Interagency Agreement between the Washington Traffic Safety Commission and the Pasco Police
Department, a copy of which is attached hereto and incorporated herein by reference as Exhibit
A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution - WTSC ILA - 2
PASSED by the City Council of the City of Pasco, Washington, on this 20th day of
February, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Interagency Agreement-2024-Sub-grants-5194-Region 14 Law Enforcement Liaison
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
Pasco Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety
Commission, hereinafter referred to as “WTSC,” and Pasco Police Department, hereinafter referred to as
“SUB-RECIPIENT.”
NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34,
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 Listing/Catalog of Federal Domestic Assistance (CFDA) #20.600, for traffic safety grant
project 2024-Sub-grants-5194-Region 14 Law Enforcement Liaison.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both parties
or October 15, 2023, whichever is later, and remain in effect until September 30, 2024, unless terminated
sooner, as provided herein.
3. STATEMENT OF WORK
The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the
Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this
project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a
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potential amendment. All Federal and State regulations will apply.
3.1 SCOPE OF WORK
3.1.1 Problem ID and/or Opportunity
The Law Enforcement Liaison (LEL) program provides an opportunity for the WTSC to work with local law
enforcement agencies to develop and implement statewide initiatives focusing on traffic safety education
and culture change at the local level. The frequency of contact with local law enforcement is important to
help facilitate their cooperation in achieving the Washington State Traffic Safety Commission’s (WTSC)
mission of building partnerships to save lives and prevent injuries on our roadways for the health, safety,
and benefit of our communities. The LEL program provides the conduit to make those connections while
helping the WTSC and local coordinators implement agency strategies.
3.1.2 Project Purpose and Strategies
The purpose of this project is to increase law enforcement participation in traffic safety enforcement and
to serve as a resource for the regional Target Zero Manager. This is accomplished by empowering the
local LEL by providing them training, funding, technical assistance, and access to a larger community of
LELs.
WTSC sees the following as some key qualities of an effective LEL -
- Demonstrated knowledge, understanding, and application of WA traffic safety laws.
- Strong interpersonal skills and good oral communications skills.
- Knowledge of general police methods, practices, and procedures.
- Solid connections with law enforcement agencies within the region.
3.2 PROJECT GOALS
1) Support participation in regional traffic safety activities, with a goal of 75% of law enforcement
agencies in the region participating in HVE events in the fiscal year.
2) Provide leadership in the development of professional development for traffic safety minded officers,
with the long term goal of increasing the number of law enforcement agency leaders/admin who believe
that traffic safety is a priority.
3) Provide guidance/feedback on law enforcement topics to the regional Target Zero Manager and traffic
safety coalition (if applicable).
3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by
the designated contacts of the SUB-RECIPIENT and WTSC, and may be updated pursuant to clause 6 of
this AGREEMENT. For the purposes of this section only, the parties’ DESIGNATED CONTACTS, as
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listed in clause 42, are authorized to execute these amendments to Appendix A.
3.3. COMPENSATION
3.3.1 The cost of accomplishing the work described in the SOW will not exceed $3,000.00, for the entire
period of performance, as allocated to each year of this agreement in Section 3.4 PROJECT COSTS.
Unspent contract funds from each year do NOT carry over into subsequent years and each year’s budget
is independent of the others.
3.3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties
mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties.
3.3.3 After the first year, continuation is subject to funding availability, agreement on future objectives and
measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC),
as set forth in the SOW.
3.3.4 If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established
in accordance with WTSC policies, and an approved cost allocation plan may be required to be submitted
to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject
to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost
allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the
indirect rate increase from other budget categories so that the total budget does not increase. The total
budget may not increase without an amendment to this agreement executed by both parties.
3.3.5 WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the
scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must
submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and
for all travel outside of the continental United States.
3.3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-
RECIPIENT. If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC
makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must also be followed.
Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this
website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this
information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If
following state travel policies, the SUB-RECIPIENT must provide appropriate documentation (receipts) to
support reimbursement requests, including the A-40 Travel Authorization form if required.
3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $5,000
must be pre-approved by NHTSA prior to purchase. Pre-approval must also be gained if funding from this
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agreement is used to purchase a portion of an item with a purchase price of $5,000 or higher. Approval
for these purchases will be facilitated by WTSC. WTSC will notify the SUB-RECIPIENT when approval
has been gained or denied. Failure to receive pre-approval will preclude reimbursement. SUB-
RECIPIENT will provide WTSC with purchase price, quote, manufacturer, description of its use in the
project, and documentation showing that it is made in America. Any equipment purchased with NHTSA
funds, must be used exclusively for traffic safety purposes or the cost must be pro-rated.
3.3.8. All equipment must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to
maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each
year when requested.
3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of
$5,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a
unit cost of $300 or more:
Laptops and Notebook Computers
Tablets and Smart phones
Small and attractive assets also include the following if they have a unit cost of $1000 or more:
Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders
Cameras and Photographic Projection Equipment
Desktop Computers (PCs)
Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type)
3.4 PROJECT COSTS
The costs for the work under the SOW to be provided by the SUB-RECIPIENT are as follows:
Year 1: $3,000.00
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPORTS
The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by
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the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or
other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications,
training reports, advertising, social media posts, meeting agendas, and any statistical data generated in
project execution in the reports. The final report will be submitted to WTSC within 30 days of termination
of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are
received and approved.
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 Amendment
to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the parties.
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 32 through 41.
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
The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the
WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB-
RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC
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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, must be received by WTSC no later than August 10 of the same calendar year. All invoices for
goods received or services performed between July 1 and September 30, must be received by WTSC no
later than November 10 of the same calendar year. WTSC reserves the right to delay the processing of
invoices until activity reports required by Section 4 of this agreement, are received and approved.
11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION
The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information
which may be classified as confidential, for any purpose not directly connected with the administration of
this Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application
for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach
of this section by the SUB-RECIPIENT, to annul this Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s written
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by
the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall
abide by the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved.
14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties hereto agree that any such action or
proceedings shall be brought in the superior court situated in Thurston County, Washington.
15. GOVERNANCE
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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, reported to WTSC, and that income must be
applied to project purposes or used to reduce project costs.
17. INDEMNIFICATION
17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all
claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind
(“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB-
RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision
applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with,
or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors,
and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to
indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that
claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and
provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its
officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or
agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein
shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers,
employees, agents, contractors, or subcontractors.
17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of
this agreement. For this purpose, the SUB-RECIPIENT, by mutual negotiation, hereby waives with
respect to WTSC only, any immunity that would otherwise be available to it against such claims under the
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Industrial Insurance provisions chapter 51.12 RCW.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
19. INSURANCE COVERAGE
19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law.
19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior
to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC
with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
20. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation,
and registration requirements and standards necessary for the performance of this Agreement. The SUB-
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required,
and be responsible for payment of all taxes due on payments made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and
federal officials so authorized by law. All books, records, documents, and other material relevant to this
Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors,
the WTSC, and any duly authorized representatives shall have full access and the right to examine any of
these materials during this period.
21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable
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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
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In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the
WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without
the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under
any new funding limitations or conditions.
25. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared
to be severable.
26. SITE SECURITY
While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform
in all respects with all WTSC physical, fire, or other security policies and applicable regulations.
27. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT.
28. TERMINATION FOR CAUSE
If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the
15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
29. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement, without
cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the
WTSC shall be liable only for payment required under the terms of this Agreement for services rendered
or goods delivered prior to the effective date of termination.
30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed
as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such
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property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such
property in the performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided
herein or approved by the WTSC, be used only for the performance of this Agreement.
30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the
SUB-RECIPIENT to maintain and administer that property in accordance with sound management
practices.
30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub-contractors.
31. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR
PART 1300 APPENDIX A):
32. BUY AMERICA ACT
The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determines
that such domestically produced items would be inconsistent with the public interest, that such materials
are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to
purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate
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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 1200.
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, civil judgement, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and
1200.
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 WTSC.
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 1200.
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 is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility
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of its principals, as well as the eligibility of any prospective lower tier participants, each participant may,
but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
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 33.5. 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, 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 or debarment.
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 SUB-RECIPIENT'S 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
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copy of the statement required by paragraph 34.1.1. of this section.
34.1.4. Notify the employee in the statement required by paragraph 34.1.1. 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 34.1.4. of
this section, with respect to any employee who is so convicted: take appropriate personnel action against
such an employee, up to and including termination, and/or require such employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate agency.
34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of
all of the paragraphs above.
35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding
fiscal year received 80 percent or more of its annual gross revenues in federal awards, received
$25,000,000 or more in annual gross revenues from federal awards, and if the public does not have
access to information about the compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the
Internal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
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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 statutes and implementing regulations relating to nondiscrimination
(“Federal Nondiscrimination Authorities”). These include but are not limited to:
37.1.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252
37.1.1.2. 49 CFR part 21
37.1.1.3. 28 CFR section 50.3
37.1.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
37.1.1.5. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.)
37.1.1.6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.)
37.1.1.7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.)
37.1.1.8. The Civil Rights Restoration Act of 1987
37.1.1.9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
37.1.1.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations
37.1.1.11. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency
37.1.1.12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities
through the Federal Government
37.1.1.13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
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.
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37.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its
facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way.
Additionally, the SUB-RECIPIENT must comply with all other reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
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. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the SUB-RECIPIENT hereby gives assurance that it will promptly take any
measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity, for which the Recipient receives Federal financial
assistance from DOT, including NHTSA”.
37.1.6 To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in
every solicitation for a sub-contract or sub-agreement that receives federal funds under this program.
38. POLITICAL ACTIVITY (HATCH ACT)
The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage
or to create checkpoints that specifically target motorcyclists. This Agreement does not include any
aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
“grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary
is supported with NHTSA funds from engaging in direct communications with state or local legislative
officials, in accordance with customary state practice, even if such communications urge legislative
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officials to favor or oppose the adoption of a specific pending legislative proposal.
41. CERTIFICATION ON CONFLICT OF INTEREST
41.1. No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any
subaward, including contracts or subcontracts, in connection with this grant shall have, directly or
indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated herein, has a
financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.
41.2. Based on this policy:
41.2.1. The SUB-RECIPIENT shall maintain a written code or standards of conduct that provide for
disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The
code or standards shall provide that the SUB-RECIPIENT’s officers, employees, or agents may neither
solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub-
awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other
disciplinary actions for violations, as permitted by State or local law or regulation.
41.2.2. The SUB-RECIPIENT shall maintain responsibility to enforce the requirements of the written code
or standards of conduct.
41.3. No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue to
perform under a grant or cooperative agreement, whose objectivity may be impaired because of any
related past, present, or currently planned interest, financial or otherwise, in organizations regulated by
NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.
41.3.1. The SUB-RECIPIENT shall disclose any conflict of interest identified as soon as reasonably
possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a
description of the action which the recipient has taken or proposes to take to avoid or mitigate such
conflict.
42. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the parties for all
communications, notices, and reimbursements regarding this Agreement:
The Contact for the SUB-RECIPIENT is:The Contact for WTSC is:
Lauren Whitworth Jerry Noviello
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whitworthl@pasco-wa.gov
509-545-3437
jnoviello@wtsc.wa.gov
360-725-9897 ext.
43. AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligations set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Pasco Police Department
_____________________________________
Signature
_____________________________________
Printed Name
_____________________________________
Title
_____________________________________
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
_____________________________________
Signature
_____________________________________
Printed Name
page 18 of 22
_____________________________________
Title
_____________________________________
Date
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APPENDIX A
Project Costs
Year 1
BUDGET CATEGORY DESCRIPTION DIRECT
AMOUNT
Indirect Cost
Rate
Indirect
Amount
Total
Budget
Employee salaries and
benefits $3,000.00 0% $0.00 $3,000.00
Travel $0.00 0% $0.00 $0.00
Contract Services $0.00 0% $0.00 $0.00
Goods and Services $0.00 0% $0.00 $0.00
Equipment $0.00 0% $0.00 $0.00
TOTAL $3,000.00 $0.00 $3,000.00
Important Notes:
1. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant federal
agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by
deducting the amount of the indirect rate increase from other budget categories so that the total budget does
not increase.
2. The total annual budget may not increase without a written amendment to this agreement executed by
both parties.
3. Adjustments between budget categories within the same year can be made upon mutual agreement of the
contact for WTSC and the contact for the SUB-RECIPIENT.
Objectives and Measures
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Goal 1 - Support participation in regional traffic safety activities, with a goal of 75% of
law enforcement agencies in the region participating in HVE events in the fiscal year.
Objective Objective Details Completion Date
Actively participate in your region/county traffic
safety task force. Encourage participation in
HVE activities from all agencies in the region.
Troubleshoot options if an agency is
experiencing staffing or political issues that
impact their participation in local HVE
programming.
09/30/2024
Facilitate the development of performance
expectations for HVE participation for your
region.
Along with the TZM, monitor HVE performance
and follow up with officers if their performance
doesn't meet the task force's expectations.
The WTSC relies on LELs to ensure that HVE
funds are being used in an appropriate and
effective manner. Work with your task force to
determine appropriate performance
expectations and processes for following up
when needed.
09/30/2024
Build support for traffic safety by
meeting/presenting to department leadership
about traffic safety. These can be a great
opportunity to gather feedback about their
priorities for the region and discuss
current/future planned activities.
09/30/2024
Measure Reporting
Frequency Type Target
Percent of law enforcement agencies in your region that
participate in HVE activities.Annual Outcome 75
Goal 2 - Provide leadership in the development of professional development for traffic
safety minded officers, with the long term goal of increasing the number of law
enforcement agency leaders/admin who believe that traffic safety is a priority.
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Objective Objective Details Completion Date
Seek out opportunities for professional
development for yourself and others in your
region that will grow traffic safety leaders in
your region.
Some examples of this include the Traffic
Safety Champions event, CJTC supervisor
training courses, etc.
09/30/2024
Goal 3 - Provide guidance/feedback on law enforcement topics to the regional Target
Zero Manager and traffic safety coalition (if applicable).
Objective Objective Details Completion Date
Support the TZM in building relationships with
law enforcement departments in your region.09/30/2024
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