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HomeMy WebLinkAbout4666 Resolution - 2025-2026 Washington Safety Commission Grant Funding Resolution – WSC Grant Funding ILA - 1 RESOLUTION NO. 4666 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION AND PASCO POLICE DEPARTMENT FOR TRAFFIC SAFETY EMPHASIS PATROLS FOR FISCAL YEAR 2025-2026. 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 Washington Traffic Safety Commission (WTSC) has awarded Region 14 funding in the amount of $90,000.00 for High Visibility Enforcement (HVE) activities during Federal Fiscal Year 2026, including emphasis patrols targeting impaired driving, distracted driving, seat belt violations, speeding, and motorcycle safety; and WHEREAS, the City of Pasco Police Department has been allocated approximately $17,500.00 from this award to support its participation in scheduled emphasis patrols and community outreach events; and WHEREAS, the City of Pasco wishes to contribute commissioned personnel to support these emphasis patrols, which align with the statewide Target Zero priorities of reducing traffic fatalities and serious injuries; 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 the Washington Traffic Safety Commission and Pasco Police Department; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution – WSC Grant Funding ILA - 2 PASSED by the City Council of the City of Pasco, Washington, on this 20th day of October, 2025. _____________________________ David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys HVE_IAA_Agreement_Pasco Police Department  INTERAGENCY AGREEMENT BETWEEN THEWashington Traffic Safety CommissionANDPasco Police DepartmentTHIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,hereinafter referred to as “WTSC,” and SUB RECIPIENT NAME Pasco Police Department, hereinafterreferred 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 madea 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 ofTransportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under theAssistance Listings Catalog of Federal Domestic Assistance (CFDA) numbers 20.600 and 20.616 fortraffic safety grant project 2026-HVE-5736-Region 14 HVE, specifically to provide funding for the lawenforcement agencies in WTSC Region 14 to conduct straight time or overtime enforcement activities(traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zeropriorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate theSOW with the SUB-RECIPIENT with the goal of reducing traffic crashes.WTSC grant 2026-HVE-5736-Region 14 HVE was awarded to the WTSC Region 14 to supportcollaborative efforts to conduct HVE activities. By signing this agreement, the SUB-RECIPIENT can seekreimbursement for straight time or overtime for approved law enforcement activity expenses incurred asa participant in the region’s HVE grant.2.PERIOD OF PERFORMANCEThe period of performance of this Agreement shall commence upon the date of execution by both parties,but not earlier than October 1, 2025, and remain in effect until September 30, 2026 unless terminatedsooner, as provided herein.3.SCOPE OF WORK3.1.1 Problem ID and/or OpportunityIn 2023, Washington State experienced the deadliest year on its roads since 1990. The trajectory of thisrise in fatalities reflects a broader trend of increasing impairment-related crashes, speeding, andcompounding issues in law enforcement, medical, and judicial systems. This uptick in fatal crashes isdeeply intertwined with impaired driving, law enforcement challenges, and societal impacts.Page 1 of 20 Exhibit A A Decade of Increasing Traffic FatalitiesThe rise in fatalities has been both sharp and persistent:•2015 saw a drastic 19.3% increase in traffic fatalities, the largest single-year jump since data collectionbegan in 1968.•Following this spike, fatalities stabilized between 2015 and 2019.•In 2020, despite pandemic-related reductions in traffic volume, fatalities climbed 6.7%, from 538 to 574.•The situation worsened in 2021-2023, when fatalities surged by 20.2%, from 674 in 2021 to 810 in 2023,the highest number since 1990. This five-year increase represents the most rapid rise in traffic fatalitiesrecorded in Washington State's history.•Pedestrian fatalities were a record-high of 157 in 2023 and pedestrian serious injuries reached 472, alsoa record high for the state.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 organizedby local Target Zero Managers (TZMs) & the statewide Law Enforcement Liaison networks and their localTarget 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 toimprove interagency coordination.3.1.2 Project Purpose and StrategiesThis 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 designedto create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also removehigh risk (impaired) drivers when encountered. So together, this countermeasure works by preventingdangerous 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. Taskforces will use local data and professional judgement to determine enforcement priorities for theirjurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in thefollowing National Campaigns is mandatory:•Impaired driving enforcement during the Holiday DUI campaign (December 2025).•Distracted driving enforcement during the Distracted Driving campaign (April 2026)•Seat belt enforcement during the Click It or Ticket campaign (May 2026).•Impaired driving enforcement during the Summer DUI campaign (August 2026).These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managerswill establish or strengthen relationships with key WSP district personnel to improve interagencycoordination with the WSP.3.1.3 Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP)3.1.3.1.HVE events will be data informed; based on crash data, anecdotal evidence, and the professionaljudgement of task force members. WTSC strongly believes in the expertise of local officers to understand Page 2 of 20 the highest priority areas in their communities to focus their efforts.3.1.3.2.The SUB-RECIPIENT will ensure that all officers participating in these patrols are BAC certifiedand have received and passed the SFST refresher training.3.1.3.3.SUB-RECIPIENT will ensure all officers participating in Impaired Driving patrols have also receivedAdvanced Roadside Impaired Driving Enforcement (ARIDE) training.3.1.3.4.SUB-RECIPIENT shall ensure all participating personnel will use the WEMS system provided bythe WTSC to record all activities in digital activity logs conducted by their commissioned officerspursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity logand use the comments field to provide details on irregularities, challenges or other details that would helpexplain what was encountered during their shift. SUB- RECIPIENT will also ensure all supervisors andfiscal staff have the ability to review and edit those activity logs.3.1.4 Project Intent and Best Practice3.1.4.1.SUB-RECIPIENT is encouraged to help their Region Task Force fulfill the requirement toparticipate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2025,Distracted Driving campaign in April 2026, Click It or Ticket campaign in May 2026, and Summer DUIcampaign in August 2026).NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to beeligible to receive funding under the WASPC equipment grant.3.1.4.2.SUB-RECIPIENT is strongly encouraged to participate in their task force to plan and executeenforcement events.3.1.4.3.Regional task force will be submitting quarterly progress reports and SUB-RECIPIENT isencouraged to participate to the fullest extent possible. Quarterly progress reports are due January 15,April 15, July 15, and October 15.3.1.4.4.WTSC encourages participating officers to prioritize violations that directly contribute to the injuryand death of road users, such as impaired driving, speeding, distracted driving, non-restraint, etc.3.1.4.5.SUB-RECIPIENT should promote patrol events through all earned, owned and, if funded, paidmedia that is available so that the public is made aware of the event before, during, and after theenforcement takes place. It is best practice to translate messages as needed and invite local mediainvolvement in the effort to reach communities in which HVE will occur.3.1.4.6.SUB-RECIPIENT should strive to actively enforce traffic safety laws focused on collision causingbehaviors in priority areas throughout the year outside of HVE events.3.1.4.7.When participating in motorcycle patrols SUB-RECIPIENT should focus on the illegal and unsafePage 3 of 20 driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yieldto a motorcycle, following too closely to a motorcycle, distracted driving, etc.3.1.4.8.When participating in motorcycle patrols SUB-RECIPIENT should ensure that enforcement willfocus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatalcrashes. This includes impaired driving, speeding, and following too closely.3.1.4.9.Performance will be monitored by the regional TZM, LEL, and Task Force, as well as WTSC. WTSCreserves the right to designate specific officers as ineligible for cost reimbursement. This will occur if anofficer is determined to not have not met the purpose/intent of this grant in multiple emphasis patrols.3.1.4.10.Funds can be used to support the mentoring of officers in traffic enforcement. This can befocused 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 practicalexperience. The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officerwith a minimum of ARIDE training. Mentor/mentee activities will be pre-approved by the TZM or LEL afterthe mentee submits their interest.3.1.4.11.Community outreach/collaboration: Funds can be used to pay for traffic safety focusedcommunity outreach and collaboration activities. The operational approach for regional communityoutreach and collaboration activities should be developed at the Task Force level and be approved by theWTSC. WTSC recommends that these activities include an opportunity for the audience to providefeedback on local traffic safety priorities and activities, which ideally will influence the region's plan fortraffic safety programming.3.1.4.12.In order to receive funding from this grant, agencies must participate with the regional trafficsafety task force/coalition in the planning efforts for these activities.3.1.4.13.WTSC also encourages all law enforcement agencies in Washington to utilize WTSC's dataanalysis resources, such as interactive dashboards and data from a statewide attitudinal survey, as welltheir regional Target Zero Manager to identify priorities for engaging with the community.3.1.4.14.WTSC will provide tools for documenting community collaboration activities, such as the WEMSactivity log.3.1.5 NATIONAL AND STATE-WIDE MOBILIZATIONSNot all agencies are required to participate in all of the mobilizations listed below. However, the regionmust have some law enforcement participation in all of the mobilizations listed. Dates are tentative andmay change when NHTSA publishes their FFY2026 mobilization calendar.Mobilization DatesHoliday DUI December 16, 2025 – January 1, 2026 Page 4 of 20 U Drive. U Text. U Pay.April 6 – 13, 2026Click It or Ticket May 11 – May 31, 2026It’s a Fine Line (optional if funded)July 2026 (Dates TBD)DUI Drive Sober or Get Pulled Over August 19 – September 7, 20263.2 PROJECT GOALSPrevent 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. Lawenforcement can have a profound effect on traffic safety and this project aims to increase participationto accomplish that.3.3 COMPENSATION3.3.1 The Compensation for the straight time or overtime work provided in accordance with thisAgreement has been established under the terms of RCW 39.34. The cost of accomplishing the workdescribed in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactoryperformance shall not exceed this amount unless the WTSC and SUB-RECIPIENT mutually agree to ahigher 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 lawenforcement agencies who are active members of the Region’s traffic safety task force with a fullyexecuted 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 theofficer’s normal salary rate plus SUB-RECIPIENT’s contributions to employee benefits, limited to thefollowing:•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 isbased 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 otherparties impacted by a proposed budget alteration, the budget category amounts may be increased ordecreased without amending this agreement, so long as the total grant award amount does not increase.HVE grant funds should be managed collaboratively by the SUB-RECIPIENT and the TZM.These alterations must be requested through email communication between the regional TZM andassigned WTSC Program Manager. This communication shall include details of the requested budgetmodifications and a description of why these changes are needed. The TZM will also send an updatedPage 5 of 20 quarterly Operations Plan to the WASPC representative monitoring the project if the budget modificationwill 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 orovertime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activitiesdescribed in the statement of work. These funds may not be used for any other purpose for example anywork required to maintain a law enforcement commission including recertification trainings like firearmqualification. This agreement is expressly designated to fund salaries and benefits. By signing thisagreement, SUB-RECIPIENT agrees to supply all necessary equipment and vehicles needed to accomplishthe work in the scope of work. WTSC is not responsible for any equipment that is lost, stolen, ordestroyed in the execution of the scope of work.3.3.5 Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on thisproject providing SUB- RECIPIENT has received prior approval from their region’s TZM. This activity mustbe 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 providingSUB-RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL todetermine if need is warranted for the type of HVE activity. This activity must be overtime and only theexpenses 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 longerthan eight hours. WTSC understands there may be instances when more than eight hours are billed dueto DUI processing or other reasons and an explanation should be provided on the WEMS Officer ActivityLog.3.3.8 The law enforcement agency involved will ensure that any reserve officer for whom reimbursementis claimed has exceeded his/her normal weekly working hours when participating in an emphasis patroland is authorized to be paid at the amount requested. Reserve officers may only be paid at the normalhourly rate and not at the 150 percent overtime rate.3.4 PROJECT COSTSThe WTSC has awarded $90,000.00 to the WTSC Region 14 Traffic Safety Task Force for the purpose ofconducting coordinated HVE enforcement and community outreach/collaboration activities. The fundingmust be used for traffic safety purposes in the areas of impaired driving, distracted driving, occupantrestraint use, speeding, and motorcycle safety. See the project in WEMS for an updated distribution offunding by specific emphasis area.By signing this agreement, the SUB-RECIPIENT can seek reimbursement for approved straight time orovertime expenses incurred as a participant in this grant. Funds are expressly designated for staffingactivities and may not be used for other expenses that may be incurred, such as vehicle damage, supplyreplacement, etc. All activity must be coordinated by the region’s traffic safety task force and TZM to beeligible for reimbursement.Page 6 of 20 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:4.ACTIVITY REPORTSThe SUB-RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer ActivityLog within 24 hours of the end of all shifts worked. These same logs will be associated with invoices asdetailed in the “BILLING PROCEDURE” section. Use of the Officer Activity Log in the WTSC’s online grantmanagement system, WEMS, is required. Supervisor review and accuracy certification will also be done inWEMS.5.ADVANCE PAYMENTS PROHIBITEDNo payments in advance of or in anticipation of goods or services to be provided under this Agreementshall be made by the WTSC.6.AGREEMENT ALTERATIONS AND AMENDMENTSThis Agreement may be amended by mutual agreement of the Parties in the form of a written request toamend this Agreement. Such amendments shall only be binding if they are in writing and signed bypersonnel authorized to bind each of the Parties. Changes to the budget, SUB-RECIPIENT’S PrimaryContact, and WTSC Program Manager can be made through email communication and signatures are notrequired.7.ALL WRITINGS CONTAINED HEREINThis Agreement contains all the terms and conditions agreed upon by the parties. No otherunderstandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed toexist or to bind any of the parties hereto.8.ASSIGNMENTThe 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 enteredinto for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicablefederal, state, and local law, including but not limited to procurement law, rules, and procedures. If any ofthe funds provided under this Agreement include funds from NHTSA, such third-party contracts andagreements must include the federal provisions set forth in this Agreement in sections 32 through 40.  9.ATTORNEYS’ FEESIn the event of litigation or other action brought to enforce the Agreement terms, each party agrees tobear its own attorney fees and costs.10.BILLING PROCEDUREAll invoices for reimbursement of HVE activities will be done using the WTSC’s grant managementsystem, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of thePage 7 of 20 activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back updocumentation 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 accounttransfer 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 45days after the expiration date of this Agreement. All invoices for goods received or services performed onor prior to June 30, 2026, must be received by WTSC no later than August 10, 2026. All invoices for goodsreceived or services performed between July 1, 2026 and September 30, 2026, must be received by WTSCno later than November 15, 2026.11.CONFIDENTIALITY / SAFEGUARDING OF INFORMATIONThe SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information whichmay be classified as confidential, for any purpose not directly connected with the administration of thisAgreement, except with prior written consent of the WTSC, or as may be required by law.12.COST PRINCIPLESCosts incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.13.COVENANT AGAINST CONTINGENT FEESThe 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 applicationfor federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breachof this section by the SUB-RECIPIENT, to annul this Agreement without liability.14.DISPUTES14.1.Disputes arising in the performance of this Agreement, which are not resolved by agreement of theparties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be finaland conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s writtendecision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’sappeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal bythe Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abideby the decision.14.2.Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shallcontinue 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 enforceany right or obligation under this Agreement, the Parties hereto agree that any such action or proceedingsPage 8 of 20 shall be brought in the superior court situated in Thurston County, Washington.15.GOVERNANCE15.1.This Agreement is entered into pursuant to and under the authority granted by the laws of the stateof Washington and any applicable federal laws. The provisions of this Agreement shall be construed toconform to those laws.15.2.In the event of an inconsistency in the terms of this Agreement, or between its terms and anyapplicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:15.2.1.Applicable federal and state statutes and rules15.2.2.Terms and Conditions of this Agreement15.2.3.Any Amendment executed under this Agreement15.2.4.Any SOW executed under this Agreement15.2.5.Any other provisions of the Agreement, including materials incorporated by reference16.INCOMEAny 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 beapplied to project purposes or used to reduce project costs.17.INDEMNIFICATION17.1.To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless theWTSC, 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 provisionapplies 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 indemnifyand hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims arecaused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and providedfurther 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 indemnityprovisions 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. Page 9 of 20 17.2.The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demandand/or cause of action brought by, or on behalf of, any of its employees or agents in the performance ofthis agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respectto WTSC only, any immunity that would otherwise be available to it against such claims under theIndustrial Insurance provisions chapter 51.12 RCW.17.3.The indemnification and hold harmless provision shall survive termination of this Agreement.18.INDEPENDENT CAPACITYThe employees or agents of each party who are engaged in the performance of this Agreement shallcontinue to be employees or agents of that party and shall not be considered for any purpose to beemployees or agents of the other party.19.INSURANCE COVERAGE19.1.The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, ifrequired by law.19.2.If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior tothe start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC withproof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, orcommercial 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 REGISTRATIONThe SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, andregistration 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, andbe responsible for payment of all taxes due on payments made under this Agreement.21.RECORDS MAINTENANCE21.1.During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintainbooks, records, documents, and other evidence that sufficiently and properly reflect all direct and indirectcosts expended in the performance of the services described herein. These records shall be subject toinspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, andfederal officials so authorized by law. All books, records, documents, and other material relevant to thisAgreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors,the WTSC, and any duly authorized representatives shall have full access and the right to examine any ofthese materials during this period.21.2.Records and other documents, in any medium, furnished by one party to this Agreement to the otherparty, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will notdisclose or make available this material to any third parties without first giving notice to the furnishingparty and giving them a reasonable opportunity to respond. Each party will utilize reasonable securityPage 10 of 20 procedures and protections to assure that records and documents provided by the other party are noterroneously disclosed to third parties.22.RIGHT OF INSPECTIONThe SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or toany other authorized agent or official of the state of Washington or the federal government, at allreasonable times, in order to monitor and evaluate performance, compliance, and/or quality assuranceunder this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC tocomply with the right to access, amend, and receive an accounting of disclosures of their PersonalInformation according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or anyregulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of WashingtonState law. The SUB- RECIPIENT shall upon request make available to the WTSC and the United StatesSecretary 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 asa result of this Agreement.23.RIGHTS IN DATA23.1.WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “WorkProduct”) pursuant to this Agreement shall be considered works made for hire under the U.S. CopyrightAct, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but isnot 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 thecopyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability tootherwise use and transfer these rights.23.2.If for any reason the Work Product would not be considered a work made for hire under applicablelaw, the SUB- RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to allrights in the Work Product and any registrations and copyright applications relating thereto and anyrenewals and extensions thereof.23.3.The SUB-RECIPIENT may publish, at its own expense, the results of project activities without priorreview by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment ofthe support provided by NHTSA and the WTSC. Any discovery or invention derived from work performedunder this project shall be referred to the WTSC, who will determine through NHTSA whether patentprotections will be sought, how any rights will be administered, and other actions required to protect thepublic interest.24.SAVINGSIn the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way afterthe effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSCmay terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-daynotice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any newPage 11 of 20 funding limitations or conditions.25.SEVERABILITYIf any provision of this Agreement or any provision of any document incorporated by reference shall beheld invalid, such invalidity shall not affect the other provisions of this Agreement which can be giveneffect without the invalid provision, if such remainder conforms to the requirements of applicable law andthe fundamental purpose of this Agreement, and to this end the provisions of this Agreement aredeclared to be severable.26.SITE SECURITYWhile on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform inall respects with all WTSC physical, fire, or other security policies and applicable regulations.27.TAXESAll payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other suchexpenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT.28.TERMINATION FOR CAUSEIf the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreementor violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice ofsuch failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, theSUB-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 CONVENIENCEExcept as otherwise provided in this Agreement, either party may terminate this Agreement, withoutcause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, theWTSC shall be liable only for payment required under the terms of this Agreement for services renderedor goods delivered prior to the effective date of termination.30.TREATMENT OF ASSETS30.1.Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all propertyfurnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed asa direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of suchproperty 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 suchproperty in the performance of this Agreement, or (ii) commencement of use of such property in theperformance 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 hereinPage 12 of 20 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 whichresults from the negligence of the SUB-RECIPIENT or which results from the failure on the part of theSUB-RECIPIENT to maintain and administer that property in accordance with sound managementpractices.30.4.If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notifythe WTSC and shall take all reasonable steps to protect the property from further damage.30.5.The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,termination, or cancellation of this Agreement.30.6.All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT'semployees, agents, or sub- contractors.31.WAIVERA failure by either party to exercise its rights under this Agreement shall not preclude that party fromsubsequent exercise of such rights and shall not constitute a waiver of any other rights under thisAgreement.APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300APPENDIX A):32.BUY AMERICA ACTThe SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasingitems using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, andmanufactured products produced in the United States, unless the Secretary of Transportation determinesthat such domestically produced items would be inconsistent with the public interest, that such materialsare not reasonably available and of a satisfactory quality, or that inclusion of domestic materials willincrease the cost of the overall project contract by more than 25 percent. In order to use federal funds topurchase foreign produced items, the WTSC must submit a waiver request that provides an adequatebasis and justification, and which is approved by the Secretary of Transportation.33.DEBARMENT AND SUSPENSIONInstructions for Lower Tier Certification33.1.By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lowertier participant”) is providing the certification set out below and agrees to comply with the requirementsof 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 placedwhen this transaction was entered into. If it is later determined that the lower tier participant knowinglyPage 13 of 20 rendered an erroneous certification, in addition to other remedies available to the federal government, thedepartment or agency with which this transaction originated may pursue available remedies, includingsuspension and/or debarment.33.3.The lower tier participant shall provide immediate written notice to the WTSC if at any time thelower tier participant learns that its certification was erroneous when submitted or has become erroneousby 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 and1200.33.5.The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into anylower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this coveredtransaction, unless authorized by WTSC.33.6.The lower tier participant further agrees by signing this Agreement that it will include the clausetitled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and willrequire 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 alower 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 thatthe certification is erroneous. A participant is responsible for ensuring that its principals are notsuspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibilityof 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 ofrecords in order to render in good faith the certification required by this clause. The knowledge andinformation of a participant is not required to exceed that which is normally possessed by a prudentperson in the ordinary course of business dealings.33.9.Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in acovered transaction knowingly enters into a lower tier covered transaction with a person who is proposedfor debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excludedfrom 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, includingsuspension or debarment.Page 14 of 20 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier CoveredTransactions33.10.The lower tier participant certifies, by signing this Agreement, that neither it nor its principals arepresently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fromparticipation 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 shallspecify 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 inthe workplace; the SUB- RECIPIENT’s policy of maintaining a drug-free workplace; any available drugcounseling, rehabilitation, and employee assistance programs; and the penalties that may be imposedupon 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 acopy 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 acondition of employment under the grant, the employee will abide by the terms of the statement, notifythe employer of any criminal drug statute conviction for a violation occurring in the workplace no laterthan five days after such conviction, and notify the WTSC within 10 days after receiving notice from anemployee or otherwise receiving actual notice of such conviction.34.1.5.Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. ofthis section, with respect to any employee who is so convicted: take appropriate personnel action againstsuch an employee, up to and including termination, and/or require such employee to participatesatisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by afederal, 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 ofall 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 Page 15 of 20 compensation of the five most highly compensated officers of the entity, if the entity in the precedingfiscal 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 haveaccess to information about the compensation of the senior executives of the entity through periodicreports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of theInternal Revenue Code of 1986.36.FEDERAL LOBBYING36.1.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 Memberof Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith 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, ormodification 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 forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of a Member of Congress in connection with this federalcontract, grant, loan, or cooperative agreement, the undersigned shall complete and submit StandardForm-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 awarddocuments 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 thistransaction was made or entered into. Submission of this certification is a prerequisite for making orentering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to filethe 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.FEDERAL 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(“FederalNondiscrimination 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. 25237.1.1.2.49 CFR part 2137.1.1.3.28 CFR section 50.3 Page 16 of 20 37.1.1.4.The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197037.1.1.5.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 198737.1.1.9.Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)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 itsfacilities 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 evaluationrequirements, as prescribed by law or detailed in program guidance37.1.4.That, in the event a contractor/funding recipient fails to comply with any nondiscriminationprovisions in this contract/funding Agreement, the WTSC will have the right to impose suchcontract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited towithholding payments to the contractor/funding recipient under the contract/agreement until thecontractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract orfunding 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 anymeasures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, ornational origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected todiscrimination under any program or activity, for which the Recipient receives Federal financial assistancefrom DOT, including NHTSA”.37.1.6.To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and inevery 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 thepolitical activities of employees whose principal employment activities are funded in whole or in part withfederal funds.39.PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGEThe SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage orto create checkpoints that specifically target motorcyclists. This Agreement does not include any aspectsor elements of helmet usage or checkpoints, and so fully complies with this requirement.40.STATE LOBBYING Page 17 of 20 None of the funds under this Agreement will be used for any activity specifically designed to urge orinfluence a state or local legislator to favor or oppose the adoption of any specific legislative proposalpending 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 salaryis supported with NHTSA funds from engaging in direct communications with state or local legislativeofficials, in accordance with customary state practice, even if such communications urge legislativeofficials to favor or oppose the adoption of a specific pending legislative proposal.41.CERTIFICATION ON CONFLICT OF INTERESTGENERAL REQUIREMENTS41.1.No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity tonegotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving anysubaward, including contracts or subcontracts, in connection with this grant shall have, directly orindirectly, any financial or personal interest in any such subaward. Such a financial or personal interestwould arise when the employee, officer, or agent, any member of his or her immediate family, his or herpartner, or an organization which employs or is about to employ any of the parties indicated herein, has afinancial 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 fordisciplinary actions to be applied for violations of such standards by officers, employees, or agents. Thecode or standards shall provide that the SUB- RECIPIENT’s officers, employees, or agents may neithersolicit 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 otherdisciplinary 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 codeor standards of conduct.DISCLOSURE REQUIREMENTS41.3.No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue toperform under a grant or cooperative agreement, whose objectivity may be impaired because of anyrelated past, present, or currently planned interest, financial or otherwise, in organizations regulated byNHTSA 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 reasonablypossible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include adescription of the action which the recipient has taken or proposes to take to avoid or mitigate suchconflict.41.3.2.NHTSA will review the disclosure and may require additional relevant information from therecipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determinePage 18 of 20 that it is otherwise in the best interest of NHTSA to continue the award and include appropriateprovisions to mitigate or avoid such conflict.41.3.3.Conflicts of interest that require disclosure include all past, present or currently plannedorganizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or withan organization whose interests may be substantially affected by NHTSA activities, and which are relatedto this award. The interest(s) that require disclosure include those of any SUB-RECIPIENT, affiliate,proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shallbe limited to within one year of the date of award. Key personnel shall include any person owning morethan a 20 percent interest in a SUB-RECIPIENT, and the officers, employees or agents of a recipient whoare responsible for making a decision or taking an action under an award where the decision or actioncan have an economic or other impact on the interests of a regulated or affected organization.42.DESIGNATED CONTACTSThe following named individuals will serve as designated contacts for each of the parties for allcommunications, notices, and reimbursements regarding this Agreement:  The Contact for the SUB- RECIPIENT is:The Contact for WTSC is:Matthew DeckerLieutenantDeckerm@pasco-wa.gov509-727-8538 Jerry NovielloWTSC Program Managerjnoviello@wtsc.wa.gov360-725-9897 AUTHORITY TO SIGNThe undersigned acknowledge that they are authorized to execute this Agreement and bind theirrespective agencies or entities to the obligations set forth herein.IN WITNESS WHEREOF, the parties have executed this Agreement.SUB-RECIPIENT: ______________________________Signature   Page 19 of 20 ______________________________Printed Name ______________________________Title ______________________________Date WASHINGTON TRAFFIC SAFETY COMMISSIONName: Jerry NovielloTitle: Program Manager  ______________________________Date Page 20 of 20