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HomeMy WebLinkAbout2024.10.15 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Tuesday, October 15, 2024 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this workshop. The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call 1-323-676-6197 and use access code 412418#. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. 3 - 20 (a) Pasco Public Facilities District - Aquatics Center Update (10 minutes) Presentation by Matt Watkins, Pasco Public Facilities District Executive Director 21 - 73 (b) Presentation of 2025-2026 Biennial Budget (25 minutes) Page 1 of 117 Continued presentation of the City of Pasco 2025-2026 General Fund Biennial Budget 74 - 75 (c) Court Street - Traffic Calming Discussion (10 minutes) 76 - 81 (d) Ordinance No. Amending PMC Sections 10.31.010 and 10.31.020 Related to Automated Traffic Cameras (5 minutes) 82 - 86 (e) Resolution No. First Amendment to the Interlocal Agreement with Department of Corrections for Office Space and Support Services for Community Corrections Officers (1 minute) 87 - 95 (f) Resolution - Interagency Agreement Washington State Internet Crimes Against Children Task Force (1 minute) 96 - 115 (g) Resolution - Interagency Agreement with the Washington Traffic Safety Commission for Traffic Safety Emphasis Patrols (1 minute) 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 116 - 117 (a) Adopted Council Goals (Reference Only) (b) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the City Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 117 AGENDA REPORT FOR: City Council September 5, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/15/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Pasco Public Facilities District - Aquatics Center Update (10 minutes) I. REFERENCE(S): Concepts map pdf PowerPoint II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation by Matt Watkins, Pasco Public Facilities District Executive Director III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Pasco Public Facilities District (PPFD) was initially formed on July 15, 2002, by City Council through Ordinance No. 3558 and was granted all powers provided by the Washington State law pursuant to RCW 35.57.010. In April 2022, the PPFD Board successfully placed a ballot measure on the special election asking the voters whether there should be an additional 2/10ths of 1% sales and use tax imposed to fund an aquatics facility, a long- term The vote. the of majority a with passed which goal, Council City successful outcome of the election has enabled the PPFD Board to begin planning efforts to design, build, and operate an aquatics facility. In milestones critical of variety of 2024, were summer the a completed including establishing a framework for an updated interlocal agreement for City of Pasco to manage and operate the facility; successfully resolving thorny issues about funding of roads and infrastructure to the preferred building Page 3 of 117 location in Broadmoor; and progress towards bonding and state review of the project. The PPFD board accepted a baseline project of $37.2 million dollars in July and formally began the “design and construction” portion of the project. In September, 13 acres of land was secured in the Broadmoor Area, “design development” kicked off, and project betterments were updated and prioritized. October will see the completion of a Department of Commerce project review and bonding completed for $51M secured by November 1. Ground-breaking is planned for December 2024. V. DISCUSSION: The Pasco Public Facilities District (PPFD) Executive Director Matt Watkins is presenting a brief project update. Page 4 of 117 0'4'8'16'32' PASCO, WA | 30 AUGUST, 2024 CONCEPT N A A B B C C D E E F F G G D INDOOR POOL - 4,775 SF OUTDOOR POOL - 5,050 SF INDOOR SLIDE COMPLEX INDOOR / OUTDOOR WHIRLPOOL - 325 SF FUTURE COMPETITION POOL FUTURE FLOWRIDER FUTURE SLIDE COMPLEX 9' WD 3.5' WD 3.5' WD 3.5' WD 2' WD 5' WD DROP SLIDE AQUACLIMB CLIMBING WALL 4' WD 9'-0" WIDE RIVER (212 LF) 8'-0" WIDE RIVER (155 LF) OUTDOOR DECK (12,880 SF) Pa g e 5 o f 1 1 7 Pasco Public Facilities District Aquatics Facility Update Matt Watkins –Pasco Public Facilities District Pa g e 6 o f 1 1 7 Validation Rendering Pa g e 7 o f 1 1 7 X Pa g e 8 o f 1 1 7 Pa g e 9 o f 1 1 7 Model #1 - Lynnwood Pa g e 1 0 o f 1 1 7 Model #2 - Snohomish Pa g e 1 1 o f 1 1 7 Model #3 - Blue Springs, Missouri Pa g e 1 2 o f 1 1 7 Pa g e 1 3 o f 1 1 7 Pa g e 1 4 o f 1 1 7 Pa g e 1 5 o f 1 1 7 We’re Ready to Break Ground! Betterments ~$6M, Larger Natatorium $1.2M 3rd Slide, $500K Pa g e 1 6 o f 1 1 7 Pa g e 1 7 o f 1 1 7 Pa g e 1 8 o f 1 1 7 Pa g e 1 9 o f 1 1 7 Groundbreaking – December 2024 Ribbon Cutting – April 2026 YOU’RE INVITED! Contact Matt Watkins for more information pfd-watkins@pasco-wa.gov 509 521-6960 Cell Pa g e 2 0 o f 1 1 7 AGENDA REPORT FOR: City Council October 11, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/15/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: Presentation of 2025-2026 Biennial Budget (25 minutes) I. REFERENCE(S): Department Presentations: Parks & Recreation, Fire, and Police II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Continued presentation of the City of Pasco 2025-2026 General Fund Biennial Budget III. FISCAL IMPACT: 2025-2026 Biennial Budgets IV. HISTORY AND FACTS BRIEF: Biennial budgeting is the practice of preparing and adopting a budget for a two- year period. This style of budgeting has been permitting in Washington cities since 1985. A biennial budget promotes and facilitates long-term financial and strategic planning - a best practice recommended by Government Finance Officers (GFOA). General Fund is a primary fund that receives majority of tax revenue and is used to fund critical City services like Police, Fire, Parks and Recreation etc. At last week's City Council meeting, an overview of 2025-2026 General Fund Biennial Budget was presented. V. DISCUSSION: As a next step in review of and planning for the 2025-2026 General Fund Biennial Budget, during the next two meetings each department supporting General Fund services will provide Council presentation about their respective Page 21 of 117 departments with focus on efforts undertaken to meet the needs budgetary planning. Tonight's presentations are from the Parks and Recreation, Fire, and Police Departments, with remaining departments' presentations occurring in a following meeting. Page 22 of 117 10/15/2024 Pasco City Council Workshop Pa g e 2 3 o f 1 1 7 2025-2026 Parks and Recreation Initial Budget Overview 10/15/2024 Pasco City Council Pa g e 2 4 o f 1 1 7 Overview 1.Department Overview 2.2023-2024 Accomplishments 3.Related Council Goals 4.Historical Staffing 5.Budget Impacts 6.Annual Operating Costs 7.2025-2026 Projects Pa g e 2 5 o f 1 1 7 1. Department Overview 4 •Parks and Recreation Department created in 2023 after a reorganization of the Administrative and Community Services Department •Re -Org suggested by the 2023 Parks, Recreation, and Open Space Plan to provide focus and priority on Parks, Recreation, and Facilities Services •Department consists of Recreation, Parks, Facilities, Tri - City Animal Shelter and Downtown •Tonight’s Presentation will focus on Parks, Recreation, Facilities and Downtown budgeted within the General Fund. The Department does have additional accounts to support operations Pa g e 2 6 o f 1 1 7 Recreation – Overview 5 •Staffing 8 FT – Rec Specialists, Marketing, Manager 80 PT/Seasonal – Aides, Coordinators, Lifeguards •Activities – Swim Lessons, Geocaching, Enhanced Fitness, Pint-sized Playtime, Candy Cane Scavenger Hunt, Ballet •Programs – After School and Summer Kids Programs, Senior Footcare, Wood Carvers •Sports – Volleyball, Basketball, Soccer, Flag Football, Softball, Cross Country, Drop in Pickleball •Special Events – Cable Bridge Run, 4th of July, Spring Extravaganza, Fall Festival, Winterfest, Movies in the Park Pa g e 2 7 o f 1 1 7 Recreation – Services 6 •Aquatics Program – 65 Lifeguards, 200 Swim Lesson sessions, over 2000 Registrations •Softball Complex – 23 Tournaments, ~ 1300 games, $5M in Economic Impact to area, plus over 200 league games •Lampson Cable Bridge Run –2023 Attendance - 1,941 •Grand Old 4th Festivities – 2024 Attendance – 12,900 •Youth Sports Leagues Participants - 2023 to August - 936 •Preschool Program Participants - 2023 to August – 402 •Adult Sports League Participants 2023 to August - 965 Pa g e 2 8 o f 1 1 7 Parks – Overview 7 •Staffing 22 FT – Groundsman, Ranger, Arborist, Manager 5 Part Time – April thru November 16 Seasonals – May thru October •Overall Maintenance and Upkeep – Landscape, Parks, Playgrounds, Trails, Boat Launches, Sporting Complexes, Boulevards •Park Ranger Program – Community Engagement, Park Patrol, Shelter Rental Oversight •Special Events Support – Sports Tournaments, Boat Races, Parades, Festivals, Field Day, Cable Bridge Run •Special Events – Washington State Arbor Day, National Arbor Day, Earth Day Pa g e 2 9 o f 1 1 7 Parks – Services 8 •30 City Parks – ~604 Acres •7 Athletic Complexes •49 Playgrounds •~ 100,000 Sprinklers •21 Miles of Paths/Trailways •28 Lineal Miles of Boulevards •279 Prunable Shrub Beds •251 Garbage Cans •~ 4500 Trees Pa g e 3 0 o f 1 1 7 Facilities – Overview 9 •Staffing 9 FT – Facilities, Lead, Mgr, Cemetery Cust Srv 1 PT – Cemetery Groundsman •Maintenance and Upkeep – Offices, Shops, Water and Wastewater Plants, Police and Fire Stations, Pool and Splash Pads •City View Cemetery – Burial Services, Memorial Markers, Reflecting Area, Columbarium •Special Events – Memorial Day Service, Veterans Day Service, Wreaths Across America Pa g e 3 1 o f 1 1 7 Facilities – Services 10 •Maintains ~580,000 sq ft of building space in over 40 locations •Over 2,100 work orders completed last year •Change over 1,200 HVAC air filters annually •Converted most Facilities to LED lighting including receiving $20,000 in rebates from PUD •Maintains just over 14,000 grave sites at City View Cemetery Pa g e 3 2 o f 1 1 7 Downtown – Services 11 •Pasco Specialty Kitchen 22 Clients, 1 Store Front Window, 2 Food Service Windows •Farmers Market 26 Saturdays May – October, plus Special Event Days •Special Events – Cinco De Mayo, Fiery Foods Pa g e 3 3 o f 1 1 7 2. 2023-2024 Accomplishments 12 •Softball Complex Renovations •New Cemetery Columbarium and Pet Memorial Area •Kurtzman Park Bathrooms •A -Street Soccer Complex •Sounders Futsal Courts •T-CYSA Complex Management Transition •$1,175,000 in Grants •Almost $100,000 in Event and Program Sponsorships •Collectively Participate or Support ~200 Events Each Year •New Building and Current Facility Enhancements - Police Training Center, Human Resources Office Remodel, Wayfinding Signage, Fire 85, Pasco Specialty Kitchen, Central Access Control, Schlagel Park and Boat Launch Pa g e 3 4 o f 1 1 7 3. Related Council Goals 13 QUALITY OF LIFE – Quality Parks, Boat Launches, and Athletic Facilities plus a Broad Range of Inclusive Recreational Programing for all levels and ages COMMUNITY SAFETY – Park Ranger Program, Safe and Reliable Facilities to Support All City Operations ECONOMIC VITALITY – Pasco Specialty Kitchen and Significant Economic Impact from Softball, Soccer, and Swim Tournaments CITY IDENTITY – Tree Lined Boulevards, City Signage and Signature Special Events Pa g e 3 5 o f 1 1 7 4. Historical Staffing 14 Parks and Rec FTEs*2019 2020 2021 2022 2023 2024 Director 1 1 1 1 1 1 Admin Asst II 1 1 1 1 1 1 Rec Manager 1 1 1 1 1 1 Dept Asst\Marketing 1 1 1 1 1 1 Lead Rec Spec 1 1 1 1 1 1 Rec Specialist 3 3 3 3 4 4 Dept Asst 1 1 1 1 1 1 1 Parks Manager 0 1 1 1 1 1 Lead Groundsman 2 2 2 2 2 2 Arborist 1 1 1 1 1 1 Groundsman 1,2,3 12 13 13 14 17 17 Park Ranger 0 0 0 0 1 1 Facilites Manager 1 1 1 1 1 1 Cemetery Cust Serv 1 1 1 1 1 1 Facilites Lead 1 1 1 1 1 1 Facilities 1 2 2 2 6 6 Annual Total 28 31 31 32 41 41 *Includes all department staff other than Animal Shelter from multiple funds including General fund, MLK, Senior, Cemetery, others. Some job titles have been added or updated over years to align business needs, and may not reflect historical titles. Pa g e 3 6 o f 1 1 7 5. Budget Impacts - Staffing 15 •Planning to hold 4 positions open across all divisions. •One position is recently vacated. •Some staff are on track\eligible for retirement •Impact will be to current service levels, which will be aligned to minimize interruptions in service, but may include recreational programming, ability to maintain quality of parks and blvds, or delays to maintenance or repairs. •Service levels will be prioritized based on risk, impact to community or staff, financial implications and deferred maintence effects. Pa g e 3 7 o f 1 1 7 5. Budget Impacts - Reductions 16 Staff reviewed current services and expenditures and recommended reducing these services due to minimal impacts or ability to accommodate other ways: •Focus Training and Travel only on required licensing, certifications, and high value needs •Combining Fall Festival and SpookyHall to single event •Return to pre covid HVAC filter filtration ratings •Offset Annual Tree Replacement Budget with available Forestry and DNR Grants •Eliminate Farmers Market Weekly Music Entertainment •Combine Parks and Facilities After Hours Emergency Call Coverage to a single on call staff for both divisions •Limit small tool replacements (drills, chainsaws, leak blowers, generators, weed wackers) to break fix or repair only as needed vs planned life cycle •Eliminate Park Gate Closing Service •Eliminate City Hall End of Day Security Walk Thru Service •Re -assess the need ongoing\annual for pigeon control pest management service Pa g e 3 8 o f 1 1 7 5. Budget Impacts - Improvements 17 Staff have already implemented or suggested several improvements to decrease budget demands: •Evaluate recreation programming for participation vs cost to maximize offerings •Implementation of more efficient and multi -use equipment to reduce labor and costs, include automated field painter and optimized sports field mowers and tractors •Implementation of modified work schedules to focus on reduction of overtime and balance reduced staffing •Research of shared cost lifeguard labor pool to increase available staff, reduce competition and standardize training across multiple facilities •Expand marketing of the Burden Soccer Complex to offset operation costs and increase area economic impact •Increase sponsorship opportunities to offset Special Event operating costs •Review of recreation program and rental fees to ensure competitive with other municipalities •Optimization of recreation program schedules to align staff and facilities •Implement efficiencies to facilities maintenance task scheduling to minimize travel between sites and combine daily procurement needs. Pa g e 3 9 o f 1 1 7 6. Operating Costs 18 NOTE: During the years presented above City Clerk, Indigent Defense, and Information Services were embedded in the Administrative and Community Services Department. In various years, these departments have become reassigned to other departments or separated to be reported as a standalone department. In the 2025/2026 biennial budget, none of the above mentioned functions are included in the Parks and Recreation Department. For comparability, expenses have been removed to accurately present parks and recreation expenditures. Also excluded is legal services. To better report Parks & Recreation department activity as well as the all City nature of legal services, the budget is being moved to Non-Departmental, 100.29. Pa g e 4 0 o f 1 1 7 7. 2025-2026 Projects 19 •Broadmoor/Shoreline Park Conceptual Design •Pasco Aquatic Center Management •Mountain Bike Trails Course •Pathway Improvements\Patching •Martin Luther King Center Renovation •Highlands Park Football Fields and Restrooms •Volunteer Park Tree Walk •Memorial Park Pool Dome Cover •Update Park and Playground Standards •Peanuts Park North •Burden Soccer Field Improvements •Marina Dock B Replacement Pa g e 4 1 o f 1 1 7 2025 – 2026 Fire Budget October 15, 2024 Pasco City Council Pa g e 4 2 o f 1 1 7 Department Overview •5 Stations with 103 total staff •Fire Protection (Structure and Wildland) •Emergency Medical Service (Advanced Life Support and Transport) •Airport Rescue and Firefighting (ARFF) •Technical Rescue, Water Rescue, Vehicle & Machinery Rescue, Hazardous Materials •Smoke alarm checks, CPR instruction, Resource Navigators Pa g e 4 3 o f 1 1 7 2023-2024 Accomplishments •Opened Station 85 •Put in service: 1 brush truck, 3 medic units •Hired / Promoted: 2 Deputy Chiefs, 1 Medical Officer, 1 Training Officer, 1 Assistant Medical Officer, and 1 Assistant Training Officer •Putting in service: 3 new structure engines and 1 new medic unit •Finalizing the purchase and implementation of new defibrillators Pa g e 4 4 o f 1 1 7 Council Goals & Areas of Focus •Financial Sustainability •Create a responsible budget •Review current processes •Review current assets, equipment, and vehicles •Community Safety •Review of response plans for improved efficiency and deployment •City Identity Pa g e 4 5 o f 1 1 7 Staffing History Fire Personnel Summary (General Fund) Number of Employees (FTE's) Position 2019 2020 2021 2022 2023 2024 Fire Chief 0.5 0.5 0.5 0.5 0.5 0.5 Deputy Fire Chief 0.5 1 1 1 1 1 Battalion Chief 1.5 1.5 1.5 1.5 1.5 1.5 Training Officer / Captain 1 1 1 1 1 1 Community Risk Reduction Specialist 0.5 0.5 0.5 0.5 0.5 0.5 Captains 6 6 6 6 6 6 Lieutenants 6 6 5 6 6 6 Firefighters 23 23 22 21 29 29 Fire Prevention & Planning Officer 0 0 0 0.5 0.5 0.5 Administrative Assistant II 0.5 0.5 0.5 0.5 0.5 0.5 Administrative Assistant I 0 0 0 0 0.5 0.5 Logistics Manager 0 0 0 0 0.5 0.5 Total 39.5 40 38 38.5 47.5 47.5 Pa g e 4 6 o f 1 1 7 Organizational Chart Pa g e 4 7 o f 1 1 7 Impacts: Process Improvements •Create a centralized Logistics Center and reduce station inventory •Create one point of contact for ordering and delivery •Refine workflows when submitting vehicle or facility repairs •Collaborate with other agencies for training opportunities •Review processes to reduce non-operational overtime •Review resource deployment and Effective Response Forces (ERF) Pa g e 4 8 o f 1 1 7 Impacts: Anticipated Decreases •Analyze the impacts when positions become vacant and determine if they need to be filled immediately •Pausing the Peak Hour Unit Program •Increase the timelines of implementing the Heart Save Program •Limit the number of reserve apparatus and vehicles •Limit outside training to WAC and CBA requirements Pa g e 4 9 o f 1 1 7 What Will Not Be Impacted •Response times to critical calls •Providing essential training to our staff •Equipping our staff with proper tools and protective gear Pa g e 5 0 o f 1 1 7 Expense & Revenue General Fund 2021 Actual 2022 Actual 2023 Actual 2024 Proposed Expense $9,885,656.00 $10,046,556.00 $11,366,284.00 $11,953,700.00 Revenue $2,335,503.00 $1,147,088.00 $1,774,901.00 $1,241,121.00 Pa g e 5 1 o f 1 1 7 Expense History 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Proposed 2026 Proposed Salaries and Benefits 6,223,618 6,352,995 6,594,098 6,785,207 6,773,417 8,486,403 9,260,700 9,404,351 9,562,629 Supplies and Services 1,625,267 1,600,469 1,584,939 3,053,135 2,506,171 2,683,042 2,570,000 2,686,162 2,669,161 Capital Outlay 27,085 113,059 -47,314 36,096 196,840 123,000 -- Staffing 39.50 39.50 40.00 38.00 38.50 47.50 47.50 47.50 47.50 0 5 10 15 20 25 30 35 40 45 50 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 Fu l l T i m e E q u i v a l e n t E m p l o y e e C o u n t Ex p e n s e s Fire Department Cost History Pa g e 5 2 o f 1 1 7 Potential Revenue Sources •Levy Lid Lift •Ambulance Utility Tax •Implement a Lift Assist Ordnance Pa g e 5 3 o f 1 1 7 Upcoming Key Projects •Radio switch to the 800 MHz platform •Transition mobile and portable radios to a regional vendor •Secure land for Station 86 •Place an order for a new ladder truck Pa g e 5 4 o f 1 1 7 Questions?Pa g e 5 5 o f 1 1 7 2025-2026 Police Department Initial Budget Overview October 15, 2024 Pasco City Council Pa g e 5 6 o f 1 1 7 Department Overview 35 •Comprised of three divisions: Field Operations, Support Operations and Professional Standards. •The police department responds to an average of 202 calls for service each day totaling approximately 74,000 calls for service each year. •110 FTEs with 98 commissioned officers, and 12 professional staff •Support Operations detectives handled approximately 750 cases over this past biennium with a 54% clearance rate •Field Operations attended over 100 community events, or requests for an officer to attend an event. Pa g e 5 7 o f 1 1 7 Department Overview 36 •Regional police academy has one Commander, and one TAC Officer assigned. These salaries are reimbursed by the State in full. Additional Pasco officers provide academy instruction, their time spent on instruction is also reimbursed by the State. •Drone (UAS) Program: Premier drone program in the region, leading in deployments and support of all tactical safety operations suspect apprehension while increasing time, shielding and officer safety. •Recognized as one of only three law enforcement agencies in Washington State to attain dual accreditation through WASPC and CALEA. •Leadership roles in all regional teams Pa g e 5 8 o f 1 1 7 2023-2024 Accomplishments 37 •Implementation of district policing •Evidence based policing •In partnership with Washington State Criminal Justice Training Commission, Pasco established the first regional law enforcement academy in the State. (BLEA Pasco) •Increased participation in community events. •Creation of the Professional Standards Division which has enhanced officer training, increased transparency, and accountability both to the community and staff internally. This division also successfully addressed hiring deficiencies by streamlining processes, and a strategic approach improving the overall recruitment process. Pa g e 5 9 o f 1 1 7 2023-2024 Accomplishments 38 •Implementation of middle management leadership rank •Redesign of the police department Citizen Academy program to be more accessible to individuals whose primary language is Spanish and reflects changes to best practices in policing. •Increased focus on minimizing people being victimized in the community. When crime occurs, officers work swiftly to locate the suspect and ensure they do not further victimize the community. •Nationally recognized as leaders in progressive law enforcement focused on technology, training, and best practices. (i.e.Axon My90, Drone, forensic techniques) Pa g e 6 0 o f 1 1 7 2023-2024 Accomplishments 39 •Worked diligently to address concerns in downtown Pasco, created innovative strategies and methods to solve abandoned RV and vehicle issues. •Adopted ordinances to address public safety concerns. •Implemented a real-time community survey that provides immediate feedback on officer's interaction with the public. •Implementation of unfunded legislative mandates that increased training, supervision and staffing requirements. Pa g e 6 1 o f 1 1 7 Related Council Goals 40 •Improve quality of life: Provide quality programs and services and invest in community infrastructure. •Improve community safety: Reduce crime through investments in equipment, staffing, and infrastructure. •Improve city identity: Identify opportunities to improve the city's image, cohesion, and identity. Pa g e 6 2 o f 1 1 7 Historical Staffing 41 Position 2019 2020 2021 2022 2023 2024 2025 2026 Police Chief 1 1 1 1 1 1 1 1 Deputy Police Chief 1 1 1 1 1 1 1 1 Captain 2 2 2 3 3 3 3 3 Lieutenant 0 0 0 0 2 3 3 3 Sergeant 10 10 10 11 15 15 15 15 BLEA - Commander 0 0 0 0 1 1 1 1 BLEA - TAC Officer 0 0 0 0 1 1 1 1 Police Officer 68 68 68 70 75 74 74 74 Crime Analyst 1 1 1 1 1 1 1 1 Evidence Technician 1 1 1 1 1 1 1 1 Records Manager 0 0 0 0 1 1 1 1 Lead Police Services Specialist 1 1 1 1 1 1 1 1 Police Services Specialist 4 4 4 4 4 4 4 4 Accreditation Specialist 1 1 1 1 1 1 1 1 Administrative Assistant I 1 1 1 0 0 0 0 0 Administrative Assistant II 1 1 1 1 1 1 1 1 Executive Administrative Assistant 0 0 0 1 1 1 1 1 Total 92 92 92 96 110 110 110 110 Police Personnel Summary Number of Employees FTE Pa g e 6 3 o f 1 1 7 Org Chart 42 Pa g e 6 4 o f 1 1 7 Budget Impacts 43 Process Improvements •Delay of replacement of essential equipment such as police radios and extending police vehicle leases. Transitioning to routine vehicle maintenance to a third-party vendor recommended as a cost & efficiency measure. •Reduction in janitorial services and janitorial supplies, by limiting the number of service locations and locating products with reduced pricing. •Find innovative ways to utilize existing software’s instead of acquiring additional technology. •Research cost effective options for essential supply ordering and maintaining a master inventory database. •Continued efforts to examine online reporting for the public. Pa g e 6 5 o f 1 1 7 Budget Impacts 44 Process Improvements •Minimize unnecessary prisoner bookings by working with prosecutors and the courts to improve the process of limiting incarceration for non-violent offenders while maintaining the safety of our community. This process improvement is expected to result in a reduction in inmate lodging and medical expenses. •The department aims to expand onsite trainings to minimize travel expenses, such as lodging and per diem. •The Axon Officer Safety plan will provide additional technology enhancements that will expediate digital evidence redaction processing as well as streamline administrative tasks allowing for additional focus on patrol duties. Pa g e 6 6 o f 1 1 7 Budget Impacts 45 Decreased Service Levels •Community-oriented customer services level decreased by reducing daily lobby hours and closure on Fridays. Necessary to accommodate fewer professional staff. •Minimal participation in city-sponsored events. •Limited opportunities for community engagement. •Close two district stations, Kurtzman and Alderwood. •Freeze the planned traffic unit, deviating from the strategic plan. This includes a reduction in overtime traffic emphasis details and specialty traffic responses. Pa g e 6 7 o f 1 1 7 Budget Impacts 46 Decreased Service Levels •Delay adding a Special Victims Unit detective opposing the police department strategic plan. •Reduction of support of federal task force participations. (FBI, DEA) •Postpone citizen academies. •Suspend the domestic violence contract staff. •Suspend the abandoned RV impound program. •Stop the headquarters and training facility CIP projects. Pa g e 6 8 o f 1 1 7 Budget Impacts 47 Not Impacted •Commitment to the community •Emergency service response •District policing model •Evidence based policing •Officers’ safety and confidence through continued training and purchasing of essential supplies and services. •Collaboration with other city departments to ensure clean and safe parks, continued participation in traffic studies and requests for drone assistance. Pa g e 6 9 o f 1 1 7 Budget Impacts 48 Staffing and Calls for Service Comparisons •Hiring in line with strategic plan and future growth compared to maintaining current staffing levels without increases. Pa g e 7 0 o f 1 1 7 Historical Revenue and Expenses 49 Pa g e 7 1 o f 1 1 7 2025-2026 Projects 50 •Axon technology enhancement project •Grant funded technology projects such as WA Department of Commerce grant for pursuit intervention technology and Auto Theft Prevention Authority grant to mitigate stolen vehicles. Pa g e 7 2 o f 1 1 7 Questions?Pa g e 7 3 o f 1 1 7 AGENDA REPORT FOR: City Council October 11, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/15/24 FROM: Maria Serra, Director Public Works SUBJECT: Court Street - Traffic Calming Discussion (10 minutes) I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The subject of traffic calming has been discussed with Council on multiple occasions throughout 2024, specifically in the context of a Citywide Speed Limit and Injury Minimization study. Traffic calming refers to a set of design strategies in safety enhancing and speeds vehicle reducing at aimed residential and pedestrian areas. In recent years, staff have received repeated complaints of speeding and street racing. In February of this year, Public Works staff and Police department personnel participated in community meetings in the neighborhoods of west Court Street and Road 96. Staff and a consultant developed a proposed traffic calming and collected data the directly related plan, implementation to analyzed. V. DISCUSSION: Staff and the City’s consultant have evaluated conditions on Court Street (between Road 96 and Harris Road) and have determined that the speeds are reasonable and expected for the conditions. Installation of pedestrian crossings without additional ADA compliant features and adequate traffic calming is not recommended. Page 74 of 117 If, however, Council would like to move forward with an action in this location, the following alternatives have been developed: Alternative 1 –Traffic Calming - Minimal Build In this scenario, delineators, striping, and signage would be used to create narrower travel lanes and encourage slower driving through road conditions. Estimated Cost: $200K Potential Timeline: can be delivered in 2 months (weather permitting). Alternative 1A – “Signs only” installation In this scenario, only radar feedback signs are installed one in the vicinity of Road 101 and the other near Road 111. Estimated Cost: $40K Potential Timeline: Can be delivered in 1 month, assuming an initial use of existing equipment while the longer lead new equipment is on order. Alternative 2 – Full Streetscape Project(Court St Improvements - Ped/Bike) For this project, a design consultant would be brought on board to design a full suite of traffic calming measures including sidewalk and bike lanes on both sides of the road, bulb-outs at intersections, enhanced pedestrian crossings in data driven locations, and strategically placed median islands for horizontal deflection (traffic calming). This project is identified in the 2025-2030 TIP (Project #32) and CIP (ClearGov | ClearDocs) and was intended to be funded via grants with delivery scheduled in the 2027-2030 timeframe. Estimated Cost: $6.11M based on planning level estimate. A conceptual design and more refined cost estimate can be prepared within 4 months. Potential Timeline: As shown in CIP, this project is scheduled for delivery in 2027-2030. If the project timeline is accelerated, project delivery can be accomplished in 30 months from design to project completion, provided no grant funding is involved. Based on current workload and staffing levels, moving this project up would require delaying other planned projects. If a grant is not received, internal funding sources would have to be identified. Some other options are creating an LID for a limited area streetscaping. On a larger scale, implementation of Transportation Benefit District would help the City address traffic calming measures like this one throughout the City. Additionally, the Transportation System Masterplan identified improvements (the plan recommends a signal) at the intersection of Court Street and Road 100 (“Court Street/Broadmoor Blvd” in the plan). This scope is not included in Alternative 2 described above. After project inception, staff will reevaluate the type of intersection improvements warranted. Page 75 of 117 AGENDA REPORT FOR: City Council October 11, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/15/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: Ordinance No. Amending PMC Sections 10.31.010 and 10.31.020 Related to Automated Traffic Cameras (5 minutes) I. REFERENCE(S): Proposed ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In August of 2018, the Pasco City Council adopted Ordinance No. 4392 authorizing the use of automated traffic safety cameras within the city of Pasco. During the 2024 legislative session, the Revised Code of Washington (RCW) defining Automated Traffic Safety Cameras was repealed. Several new RCW’s were created to refine and as well as add to the use of Automated Traffic Safety Cameras. Currently, the Pasco Municipal Code (PMC) defining the use of Traffic Safety Cameras references the repealed RCW. The proposed ordinance updates the PMC to align with the new laws and adds the new areas of enforcement. These new areas of enforcement are hospital speed zones, public park speed zones, school walk zones, and roadway work zones. Prior to additional automated traffic safety cameras being added, an analysis must be completed as prescribed by RCW 46.63.220(3): “This analysis must include equity considerations including the impact of the camera placement on livability, accessibility, economics, education, and environmental health when Page 76 of 117 identifying where to locate an automated traffic safety camera. The analysis must also show a demonstrated need for traffic cameras based on one or more of the following in the vicinity of the proposed camera location: Travel by vulnerable road users, evidence of vehicles speeding, rate of collisions, reports showing near collisions, and anticipated or actual ineffectiveness of infeasibility of other mitigation measures”. V. DISCUSSION: Staff is prepared to answer any additional questions council would have on this amended ordinance. Page 77 of 117 Ordinance – Amending PMC 10.31.010 & 10.31.020 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTIONS 10.31.010 AUTHORIZED USE OF AUTOMATED TRAFFIC SAFETY CAMERAS AND 10.31.020 NOTICE OF INFRACTION FOR AUTOMATED TRAFFIC CONTROL SYSTEM. WHEREAS, the City of Pasco established the use of Traffic Safety Camera Systems on the 6th day of August, 2018 through Ordinance No. 4392; and WHEREAS, the State of Washington Legislature repealed the Revised Code of Washington (RCW) 46.63.170 concerning Automated Traffic Safety Cameras in Engrossed Substitute House Bill (ESHB) 2384 during the 2024 session replacing it with RCW 46.63.220; and WHEREAS, amendments within the Pasco Municipal Code (PMC) Chapter 10.31 Automated Traffic Camera Systems are to adapt to RCW 46.63.220. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amending PMC Section 10.31.010 is hereby amended and shall read as follows: 10.31.010 Authorized use of automated traffic safety cameras. (1) Law enforcement officers of the City of Pasco and persons commissioned by the Police Chief are authorized to use automated traffic safety cameras and related automated systems to detect one or more of the following infractions: (a) Stop light infractions; (b) Railroad crossing violations; (c) School speed zone violations; (d) Hospital speed zone violations; (e) Public Park speed zone violations; (f) School walk zones; (g) Roadway work zones. (2) The use of automated traffic safety cameras is subject to the following restrictions: (a) The use of automated traffic safety cameras to detect stoplight violations is restricted to “two arterial intersections” (the intersection of two arterial streets) with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022 which interval durations may not be reduced after placement of the camera (RCW 46.63.230), railroad crossings (RCW 46.63.240), and speed violations as authorized by RCW 46.63.250. school speed zones, and as authorized in RCW 46.63.170. Page 78 of 117 Ordinance – Amending PMC 10.31.010 & 10.31.020 - 2 (b) Approval of the City Council shall be obtained for each location proposed for the use of automated traffic safety cameras. (c) Automated traffic safety cameras may only take pictures of the vehicle and the vehicle license plate and only while the infraction is occurring. Pictures taken by the automated traffic safety camera may not reveal the face of the driver or of the passengers in the vehicle. (d) Automated traffic safety cameras may not be used on an onramp to a limited access facility as defined in RCW 47.52.010. (3) The City shall clearly mark all locations where automated cameras are in use by placing signs in locations at least 30 days prior to activation of the camera that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by automated traffic safety cameras. (4) For the purpose of this chapter, “automated traffic safety camera” means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequential photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time vehicle: (a) Fails to stop when facing a steady red traffic control signal; or (b) Fails to stop when facing an activated railroad grade crossing control signal; or (c) Exceeds a speed limit in a school speed zone, hospital speed zone, public park speed zone, school speed zone or roadway work zone as detected by a speed-measuring device. [Ord. 4392 § 1, 2018; Code 1970 § 10.22.010.] Section 2. Amending PMC Section 10.31.020 is hereby amended and shall read as follows: 10.31.020 Notice of infraction for automated traffic control system. (1) Whenever any vehicle is photographed by an automated traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of establishing the registered owner's the violation, or to the renter of a vehicle within 14 days of establishing the renter’s name and address under this section. (2) If the registered owner of the vehicle is a rental car business, before a notice of infraction is issued, the Pasco Police Department will provide a written notice to the rental car business that a notice of infraction may be issued if the rental car business does not within 18 days of receiving the written notice, provide the Pasco Police Department by return mail: (a) A statement under oath stating the name and known address of the individual driving or renting the vehicle when the infraction occurred; or Page 79 of 117 Ordinance – Amending PMC 10.31.010 & 10.31.020 - 3 (b) A statement under oath stating the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the Pasco Police Department relieves the rental car business of any liability under this chapter for the notice of infraction. (3) The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon the inspection of photographs, microphotographs, or electronic images by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. (4) Photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. All photographs, microphotographs, or electronic images prepared under this chapter are for the exclusive use of law enforcement and the discharge of duties under this chapter, and are not open to the public and may not be used in a Court in a pending action or proceeding unless the action or proceeding relates to a violation of this chapter. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this chapter, nor retained longer than necessary for its enforcement. [Ord. 4392 § 1, 2018; Code 1970 § 10.22.020.] Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 80 of 117 Ordinance – Amending PMC 10.31.010 & 10.31.020 - 4 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 202_. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 81 of 117 AGENDA REPORT FOR: City Council October 11, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/15/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: with Agreement Interlocal the to First No. Resolution Amendment Department of Corrections for Office Space and Support Services for Community Corrections Officers (1 minute) I. REFERENCE(S): Proposed Resolution Interlocal Agreement with Department of Corrections for Office Space and Support Services for Community Corrections Officers II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City of Pasco and the Washington State Department of Corrections (DOC) have maintained a collaborative relationship since May 1, 2020, through an interlocal agreement that provides essential office space and support services for Community Corrections Officers (CCOs) operating within the Pasco Police Department premises. This partnership has proven effective in facilitating the work of CCOs, allowing them to better serve the community while ensuring public safety. V. DISCUSSION: Staff is prepared to answer any additional questions council would have on the Interagency Agreement. Page 82 of 117 Resolution – Amend WA ST DOC ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND THE CITY OF PASCO FOR OFFICE SPACE AND SUPPORT SERVICES FOR COMMUNITY CORRECTIONS OFFICERS. 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 State Department of Corrections (DOC) current interlocal agreement to provide office space and support services to allow Community Corrections Officers (CCOs) on Pasco Police Department premises was effective May 1, 2020, for four years; and WHEREAS, the City and Washington State Department of Corrections, desires to continue the provision of office space, utilities, phone services, mailboxes, and interview room availability for two CCOs to operate efficiently; and WHEREAS, the City desires to maintain a dedicated space for these officers allowing for enhanced collaboration with local law enforcement, service providers, and the community; and WHEREAS, the City recognizes that ongoing support for CCOs contributes to reduced recidivism rates, improved community relations, and increased accountability among individuals under supervision; and WHEREAS, the City of Pasco, Washington shall do all the things necessary for, and incidental to the performance of duties set forth in this amended 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 of Pasco to enter into the Amendment No. 1 to the Interlocal Agreement to provide office space and support services for Community Corrections Officers with the Washington State Department of Corrections. 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 Amendment No. 1 to the Interlocal Agreement between the Washington State Department of Corrections and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Page 83 of 117 Resolution – Amend WA ST DOC ILA - 2 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. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 202_. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 84 of 117 Washington State K12232(1) Page 1 of 2 Department of Corrections 24 RAD Washington State Contract No. K12233 Department of Corrections Amendment No. 1 This Amendment is made between the Washington State Department of Corrections, hereinafter referred to as “DOC” or “Department,” and City of Pasco Police Department, hereinafter referred to as “Agency,” for the purpose of amending the above-referenced Contract, heretofore entered into between Department and Agency. WHEREAS the purpose of this Amendment is to extend the term and specify the square footage of the office space for two CCOs at Premises. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the Department and Contractor agree as follows: Section 2. Term is hereby amended as follows: ((This agreement shall take effect on May 1, 2020 and shall continue in effect until April 30, 2022. This Agreement may be extended by mutual agreement of the Parties for two (2) additional one -year periods or portions thereof. Any such extension shall be evidenced by a properly completed written amendment to this Agreement.)) Regardless of the date of execution, the Term shall commence and expire on the dates set forth below, unless earlier terminated as provided herein. Commencement Date Expiration Date Term May 1, 2020 April 30, 2026 Section 4. Contact Persons is hereby amended, in part, as follows: […] Department of Corrections: ((Sheila Perkins)) Michelle Mastor Community Corrections Supervisor ((Department of Corrections)) (509) 545-2415 ext. ((2226)) 2232 ((slperkins@doc1.wa.gov)) mkmastor@doc1.wa.gov […] ATTACHMENT A, STATEMENT OF WORK, is hereby amended, in part, as follows: […] 1. Agency Responsibilities. Agency shall provide: DocuSign Envelope ID: 507EB5FE-29A0-472D-ABFB-D70A5087BECC Page 85 of 117 Washington State K12232(1) Page 2 of 2 Department of Corrections 24 RAD A. 100 square feet of o((O))ffice space for two (2) CCOs at Premises. Premises will be accessible to the CCO seven (7) days a week, twenty-four (24) hours per day. […] Additions to this text are shown by underline and deletions by ((strikeout)). All other terms and conditions remain in full force and effect. The effective date of this Amendment is May 1, 2022. THIS AMENDMENT, consisting of two (2) pages, is executed by the persons signing below who warrant that they have the authority to execute this Amendment. CITY OF PASCO POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS (Signature) (Signature) Daryl Huntsinger (Printed Name) (Printed Name) Contracts Administrator (Title) (Title) (Date) (Date) Approved as to Form: This Amendment format was approved by the office of the Attorney General. Approval on file. DocuSign Envelope ID: 507EB5FE-29A0-472D-ABFB-D70A5087BECC Page 86 of 117 AGENDA REPORT FOR: City Council October 9, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/15/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution - Interagency Agreement Washington State Internet Crimes Against Children Task Force (1 minute) I. REFERENCE(S): Proposed Resolution Interagency Agreement Washington State Internet Crimes Against Children Task Force II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Pasco Police Department (Pasco PD) and the Washington State Internet Crimes Against Children (ICAC) Task Force have had a long history of partnering together for the investigating of local ICAC cases. The Interagency Agreement will be in effect until such time as the federal funding for the ICAC Task Force Program ends or the Interagency Agreement is canceled by either party upon 30 days’ written notice. ICAC incidents are routed to the state ICAC Task Forces from tips received by the National Center for Missing and Exploited Children. These tips are reviewed by the state task forces and assigned to the appropriate investigating agency. The Pasco PD is an affiliate agency to the Washington State Internet Crimes Against Children Task Force, acting through the City of Seattle Police Department. The Pasco PD is responsible for investigating ICAC cases within our jurisdiction. Page 87 of 117 V. DISCUSSION: Staff is prepared to answer any additional questions council would have on the Interagency Agreement. Page 88 of 117 Resolution – ILA with Seattle Policy for WSICAC Task Force RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT BETWEEN SEATTLE POLICE DEPARTMENT AND THE CITY OF PASCO FOR PARTICIPATION IN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE. 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, and the Seattle Police Department desire to enter into this Interagency Agreement to participate in the Washington State Internet Crimes Against Children Task Force; and WHEREAS, the City of Pasco, Washington wishes to participate as an Affiliate Agency and agree to adhere to the Internet Crimes Against Children (ICAC) Task Force Program Operational and Investigative Standards.; and WHEREAS, the City of Pasco, Washington agrees to investigate ICAC cases within the City of Pasco and assist other jurisdictions to investigate these cases, as practical; and WHEREAS, the City of Pasco, Washington 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 of Pasco to enter into the interagency agreement with the Seattle Police Department for participation in the Washington State ICAC Task Force. 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 Seattle Police Department and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and 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. Be It Further Resolved, that this Resolution shall take effect immediately. Page 89 of 117 Resolution – ILA with Seattle Policy for WSICAC Task Force PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 202_. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 90 of 117 Page 1 of 5 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT AND PASCO POLICE DEPARTMENT This Interagency Agreement is entered into by and between the Washington State Internet Crimes Against Children Task Force (WA ICAC TF), acting through the City of Seattle Police Department and Pasco Police Department Office (Affiliate Agency) acting through its duly authorized representative. WHEREAS, The United States Department of Justice (DOJ) Office of Juvenile Justice and Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program. The mission of the national ICAC Task Force Program is to assist state, county and local law enforcement agencies in developing an effective response to technology-facilitated child sexual exploitation. This assistance encompasses digital forensic examinations, investigative techniques, specialized training, technical assistance, victim services, and prevention and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi-jurisdictional, multi-agency, team approach to investigating and prosecuting ICAC cases; and WHEREAS the ICAC Task Force Program is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies with each task force having an agency designated by the OJJDP as the “Lead Agency” which is the agency awarded federal funding to assist with overseeing the taskforce and supporting affiliate agencies. WHEREAS, Seattle Police Department (SPD) has been designated by OJJDP as the “Lead Agency” to oversee the multi-jurisdictional Washington State Internet Crimes Against Children Task Force (WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement and victimization of children through the internet, online communication systems, telecommunications technology and other computer technology. SPD will use a portion of the federal funding to support and enhance the skills and Page 91 of 117 Page 2 of 5 knowledge of the affiliate agency’s personnel through training, equipment, supplies, and technical support. NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains ten (10) Articles. ARTICLE I TERM OF AGREEMENT & TERMINATION This Interagency Agreement shall be effective upon date of signature and be in effect until such time as federal funding for the ICAC Task Force Program ends or the Interagency Agreement is canceled by either party upon 30 days’ written notice. The term of this Interagency Agreement shall be in effect until terminated pursuant to the provisions hereof. Either agency may cancel this agreement with (30) thirty days of written notification to the other agency. Said notification must be provided from the appropriate authorized authority within that agency. Upon receipt of the written notification the SPD will permanently remove the agency from Affiliate Agency status with the ICAC Program, which will also remove them from the National ICAC program. This removal will prohibit their attendance at trainings and/or conferences sponsored by the national program or other national taskforces. ARTICLE II OPERATIONAL STANDARDS Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and Investigative Standards, attached to and made part of this Agreement, as Attachment A. The undersigned law enforcement agency agrees to investigate ICAC cases within their jurisdiction and assist other jurisdictions to investigate these cases, as practical. Affiliate Agencies agree to only use authorized personnel supervised by law enforcement per their department policies and guidance within Attachment A. Violation of the ICAC Standard Operating Procedures is considered a material breach of this agreement and cause for cancellation of the affiliate agency’s affiliation with the Washington ICAC task force. Upon discovering a violation and notifying the Affiliate Agency, the SPD may cancel the contract and rescind any funding. ARTICLE III JURISDICTION The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by an Affiliate Agency’s employee(s) as a member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations that are outside of the physical boundaries of their respective municipalities due to specific needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate Agencies agree to take these referrals and conduct appropriate investigations in conformance with the ICAC Operational Standards, investigative or operational training, and their agency policing policies. Page 92 of 117 Page 3 of 5 ARTICLE IV EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency’s policies and national standards outlined in Attachment A. ARTICLE V INSURANCE AND LIABILITY Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self-insurance program, approved by the State of Washington, for the protection and handling of the liabilities including injuries to persons and damage to property. Each Affiliate Agency agrees to maintain, at its own expense, insurance, or self-insurance coverage for all of its liability exposures for this Agreement and agrees to provide the City of Seattle with at least 30 days prior written notice of any material change in the Affiliate Agency’s liability coverage. The parties are responsible and liable for the acts and omissions of their own officers, agents or employees in connection with the performance of their official duties under this Agreement. ARTICLE VI CONFIDENTIALITY The parties agree that any confidential information pertaining to investigations of WA ICAC TF will be held in the strictest confidence and will only be shared where necessary with participating WA ICAC TF members, or other law enforcement agencies, or as otherwise compelled by federal and/or state law. ARTICLE VII COMPLIANCE WITH EQUAL OPPORTUNITY LAWS To the extent required by law, the Affiliate Agency shall comply with all applicable laws, standards, orders, rules, and regulations regarding equal employment which are applicable to the Affiliate Agency’s performance of this Interagency Agreement, including Rules of Practice for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No. 11246, title 41, subtitle B, Chapter 60, part 60-30. ARTICLE VIII GOVERNING LAW AND VENUE This Interagency Agreement is governed in all respects by applicable local, State, and Federal laws which shall supersede any provisions made in this Interagency Agreement to the contrary. Any provision effected will not negate the rest of the Interagency Agreement. If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. The exclusive venue is in Seattle, King County, Washington. ARTICLE IX AMENDMENTS This Interagency Agreement can be amended or replaced in the event of new requirements under the national ICAC Task Force Program or as designated by law or other proper Page 93 of 117 Page 4 of 5 lawful authority. No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. ARTICLE X AGREEMENT EXECUTION This Agreement may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Agreement electronically signed by each Member, for all purposes. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE INTERAGENCY AGREEMENT EXECUTED BY The SEATTLE POLICE DEPARTMENT (SPD), a department of the City of Seattle, hereinafter referred to as “SPD”, Department Authorization Representative: Sue Rahr, Interim Chief of Police PO Box 34986 Seattle WA 98124-4986 AND The PASCO POLICE DEPARTMENT, a department of the City of Pasco, hereinafter referred to as “PPD”, Department Authorized Representative: Ken Roske, Chief of Police 215 W. Sylvester St., Pasco, WA 99301 In Witness, Whereof, the parties have executed this Agreement by having their representatives affix their signatures below. PASCO POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT Page 94 of 117 Page 5 of 5 _________________________________ _____________________________ Adam Lincoln, City Manager Sue Rahr, Interim Chief of Police Date: Date: Page 95 of 117 AGENDA REPORT FOR: City Council October 2, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/15/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution - Interagency Agreement with the Washington Traffic Safety Commission for Traffic Safety Emphasis Patrols (1 minute) I. REFERENCE(S): Proposed Resolution Interagency Agreement with the Washington Traffic Safety Commission (WTSC) for Traffic Safety Emphasis Patrols II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The main causes of serious injury and fatality collisions on Washington’s roadways are driver impairment through drug and/or alcohol use, speeding, occupant restraint mis/nonuse, and distraction. The Pasco Police Department actively participates and works alongside the Washington Traffic Safety Commission (WTSC) to conduct traffic enforcement mobilizations to address impaired driving, distracted driving, seat belt safety, speeding and motorcycle safety. Funding made available through his interagency agreement will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. These patrols are designed to create deterrence by increasing the expectation of citation/fire/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still Page 96 of 117 decide to engage in those behaviors. The WTSC fiscal year runs October 1, 2024 - September 30, 2025 with $15,000 of grant project funding allocated to Pasco to conduct traffic enforcement mobilizations as follows, $6,000 for DUI saturation patrols, $1,500 for seatbelt enforcement, $2,000 for distracted driving enforcement, and $6,000 for speed enforcement. V. DISCUSSION: In order to continue receiving financial support from the Washington State Traffic Safety Commission to participate in High Visibility Enforcement (HVE) activities staff is recommending Council approval of the proposed interagency agreement to support these collaborative efforts. Page 97 of 117 Resolution - Interagency Agreement with WTSC RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION AND THE CITY OF PASCO FOR TRAFFIC SAFETY EMPHASIS PATROLS. 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 as the Washington Traffic Safety Commission (WTSC) desire to enter into this Interagency Agreement to support collaborative efforts to conduct High Visibility Enforcement (HVE) activities; and WHEREAS, the City of Pasco, Washington wishes to contribute commissioned personnel to support patrols dedicated to enforcement mobilizations to address impaired driving, distracted driving, seat belt safety, speeding and motorcycle safety; and WHEREAS, the City of Pasco, Washington 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 of Pasco to enter into the interagency agreement to conduct straight time or overtime traffic safety emphasis patrols with the Washington Traffic Safety Commission. 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 Washington Traffic Safety Commission and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and 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. Be It Further Resolved, that this Resolution shall take effect immediately. Page 98 of 117 Resolution - Interagency Agreement with WTSC PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 99 of 117 page 1 of 16 INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as “WTSC,” and __________________________________, 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 Listings Catalog of Federal Domestic Assistance (CFDA) number 20.600 for traffic safety grant project _______________________________________, specifically to provide funding for the law enforcement agencies in WTSC Region ____ to conduct straight time or overtime enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB-RECIPIENT with the goal of reducing traffic crashes. Grant _______________________________________ was awarded to the WTSC Region ___ to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB-RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the region’s HVE grant. 2.PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1, 2024, and remain in effect until September 30, 2025 unless terminated sooner, as provided herein. 3.SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity The main causes of serious injury and fatality collisions on Washington’s roadways are driver impairment through drug and/or alcohol use, speeding, occupant restraint mis/nonuse, and distraction. Fatalities have increased almost 40 percent since 2019. Despite a very high seat belt use rate (greater than 90% for many years in a row), the number of unrestrained fatalities ____________________________________ Page 100 of 117 page 2 of 16 and serious injuries have increased to the highest number since before 2010. Since 2019, unrestrained fatalities have increased over 40 percent Motorcyclists also represent a high number of injured and killed because of unsafe and poorly trained riders and the challenges vehicle drivers face in observing motorcycles on the road. Washington has seen a drastic decrease in proactive enforcement of traffic laws. This decrease is due to a myriad of factors, include the COVID-19 pandemic, political actions to update laws that reduce an officer’s ability to stop drivers, This project will fund locally coordinated enforcement mobilizations to address impaired driving, distracted driving, seat belt safety, speeding, and motorcycle safety. Funding and events will be organized by local Target Zero Managers (TZMs) & the statewide Law Enforcement Liaison networks and their local Target Zero Task Force. These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination. 3.1.2 Project Purpose and Strategies This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in the following National Campaigns is mandatory: •Impaired driving enforcement during the Holiday DUI campaign (December 2024). •Distracted driving enforcement during the Distracted Driving campaign (April 2025) •Seat belt enforcement during the Click It or Ticket campaign (May 2025). •Impaired driving enforcement during the Summer DUI campaign (August 2025). These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination with the WSP. 3.1.3 Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP) 1.HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. 2.The SUB-RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received and passed the SFST refresher training. 3.SUB-RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received Advanced Roadside Impaired Driving Enforcement (ARIDE) training. 4.SUB-RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the WTSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on irregularities, challenges or other details that would help explain what was encountered during their shift. SUB- RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. Page 101 of 117 page 3 of 16 5.Activity conducted outside of the quarterly task force operational plans will not be reimbursed. 3.1.4 Project Intent and Best Practice 1.SUB-RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2024, Distracted Driving campaign in April 2025, Click It or Ticket campaign in May 2025, and Summer DUI campaign in August 2025). NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to receive funding under the WASPC equipment grant. 2.SUB-RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3.Regional task force will be submitting quarterly operational plans and SUB-RECIPIENT is encouraged to participate to the fullest extent possible. Quarterly operational plans are due October 15, December 15, March 15, and June 15. 4.WTSC encourages participating officers to prioritize violations that directly contribute to the injury and death of road users, such as impaired driving, speeding, distracted driving, non-restraint, etc. 5.SUB-RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available so that the public is made aware of the event before, during, and after the enforcement takes place. It is best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 6.SUB-RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7.When participating in motorcycle patrols SUB-RECIPIENT should focus on the illegal and unsafe driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. 8.When participating in motorcycle patrols SUB-RECIPIENT should ensure that enforcement will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely. 9.Performance will be monitored by the regional TZM, LEL, and Task Force, as well as WTSC. WTSC reserves the right to designate specific officers as ineligible for cost reimbursement. This will occur if an officer is determined to not have not met the purpose/intent of this grant in multiple emphasis patrols. 10.Funds can be used to support the mentoring of officers in traffic enforcement. This can be focused on impaired driving, or general traffic enforcement. For DUI mentorship, WTSC has found it to be best practice to include a mix of instruction and practical experience. The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officer with a minimum of ARIDE training. Mentor/mentee activities will be pre-approved by the TZM or LEL after the mentee submits their interest. 11.Community outreach/collaboration: Funds can be used to pay for traffic safety focused community outreach and collaboration activities. The operational approach for regional community outreach and collaboration activities should be developed at the Task Force level and be approved by the WTSC. WTSC recommends that these activities include an opportunity for the audience to provide feedback on local traffic safety priorities and activities, which ideally will influence the region's plan for traffic safety programming. Page 102 of 117 page 4 of 16 In order to receive funding from this grant, agencies must participate with the regional traffic safety task force/coalition in the planning efforts for these activities. WTSC also encourages all law enforcement agencies in Washington to utilize WTSC's data analysis resources, such as interactive dashboards and data from a statewide attitudinal survey, as well their regional Target Zero Manager to identify priorities for engaging with the community. WTSC will provide tools for documenting community collaboration activities, such as the WEMS activity log. 3.1.5 NATIONAL AND STATE-WIDE MOBILIZATIONS Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of these. Dates are tentative and may change when NHTSA publishes their FFY2025 mobilization calendar. Mobilization Dates Holiday DUI December 14, 2024 – January 1, 2025 U Drive. U Text. U Pay. April 7 – 14, 2025 Click It or Ticket May 12 – June 1, 2025 It’s a Fine Line (optional if funded) July 7 – 20, 2025 DUI Drive Sober or Get Pulled Over August 13 – September 1, 2025 3.2 PROJECT GOALS Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement, law enforcement training, and community outreach. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. 3.3 COMPENSATION 3.3.1 The Compensation for the straight time or overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB-RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB-RECIPIENT. Comp-time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region’s traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. 3.3.2 WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer’s normal salary rate plus SUB-RECIPIENT’s contributions to employee benefits, limited to the following: •FICA •Medicare •Any portion of L&I that is paid by the employer (SUB-RECIPIENT) •Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution is based on a percentage of their hours worked. Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB-RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.3.3 Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this Page 103 of 117 page 5 of 16 agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB-RECIPIENT and the TZM. These alterations must be requested through email communication between the regional TZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan. 3.3.4 These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. This agreement is expressly designated to fund salaries and benefits. By signing this agreement, SUB-RECIPIENT agrees to supply all necessary equipment and vehicles needed to accomplish the work in the scope of work. WTSC is not responsible for any equipment that is lost, stolen, or destroyed in the execution of the scope of work. 3.3.5 Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB- RECIPIENT has received prior approval from their region’s TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.3.6 Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB-RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.3.7 The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.3.8 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. 3.4 PROJECT COSTS The WTSC has awarded $_______________ to the WTSC Region _____ Traffic Safety Task Force for the purpose of conducting coordinated HVE enforcement and community outreach/collaboration activities. The funding must be used for traffic safety purposes in the areas of impaired driving, distracted driving, occupant restraint use, speeding, and motorcycle safety. See the project in WEMS for an updated distribution of funding by specific emphasis area. By signing this agreement, the SUB-RECIPIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. Funds are expressly designated for staffing activities and may not be used for other expenses that may be incurred, such as vehicle damage, supply replacement, etc. All activity must be coordinated by the region’s traffic safety task force and TZM to be eligible for reimbursement. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4.ACTIVITY REPORTS Page 104 of 117 page 6 of 16 The SUB-RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the “BILLING PROCEDURE” section. Use of the Officer Activity Log in the WTSC’s online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5.ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6.AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB-RECIPIENT’S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7.ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8.ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9.ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10.BILLING PROCEDURE All invoices for reimbursement of HVE activities will be done using the WTSC’s grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB-RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2025, must be received by WTSC no later than August 10, 2025. All invoices for goods received or services performed between July 1, 2024 and September 30, 2025, must be received by WTSC no later than November 15, 2025. 11.CONFIDENTIALITY / SAFEGUARDING OF INFORMATION Page 105 of 117 page 7 of 16 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 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 Page 106 of 117 page 8 of 16 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 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 Page 107 of 117 page 9 of 16 auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22.RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB- RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23.RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB- RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24.SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new funding limitations or conditions. 25.SEVERABILITY Page 108 of 117 page 10 of 16 If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26.SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27.TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28.TERMINATION FOR CAUSE If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29.TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30.TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. Page 109 of 117 page 11 of 16 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors. 31.WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32.BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33.DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 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 Page 110 of 117 page 12 of 16 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 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 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. Page 111 of 117 page 13 of 16 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36.FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37.NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 37.1.1. To comply with all federal statutes and implementing regulations relating to nondiscrimination (“Federal Page 112 of 117 page 14 of 16 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. 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. Page 113 of 117 page 15 of 16 39.PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40.STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41.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: Page 114 of 117 page 16 of 16 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. SUB-RECIPIENT: Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date The Contact for the SUB- RECIPIENT is: The Target Zero Manager for Region ___ is: The Contact for WTSC is: Jerry Noviello WTSC Program Manager jnoviello@wtsc.wa.gov 360-725-9897 Page 115 of 117 Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure. City Council Goals QUALITY OF LIFE 2024-2025 Enhance the long-term viability, value, and service levels of services and programs. FINANCIAL SUSTAINABILITY Promote a highly functional multi-modal transportation system. COMMUNITY TRANSPORTATION NETWORK Implement targeted strategies to reduce crime through strategic investments in infrastructure, staffing, and equipment. COMMUNITY SAFETY Promote and encourage economic vitality. ECONOMIC VITALITY Identify opportunities to enhance City of Pasco identity, cohesion, and image. CITY IDENTITY Page 116 of 117 METAS DEL CONCEJO MUNICIPAL 2024-2025 Promover una alta calidad de vida a través de programas, servicios y inversion apropiada y reinversión en la comunidad infraestructura comunitaria. CALIDAD DE VIDA Promover viabilidad financiera a largo plazo, valor, y niveles de calidad de los servicios y programas. SOSTENIBIILIDAD FINANCIERA Promover un sistema de transporte multimodal altamente funcional. RED DE TRANSPORTE DE LA COMUNIDAD Implementar estrategias específicas para reducir la delincuencia por medios de inversiones estratégicas en infraestructura, personal y equipo. SEGURIDAD DE NUESTRA COMUNIDAD Promover y fomentar vitalidad económica. VITALIDAD ECONOMICA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen. IDENTIDAD COMUNITARIA Page 117 of 117