HomeMy WebLinkAboutWashington State Traffic Safety Commission Amend No 1RECEIVE®
AMENDMENT #1
TO THE Traofic Safety
October 1, 2014 - September 30, 2015 MEMORANDUM OF UNDERSTANDING
BETWEEN
WASHINGTON TRAFFIC SAFETY COMMISSION
AND
PASCO POLICE DEPARTMENT
IRA
The above -referenced Memorandum of Understanding (MOU) between the Washington
Traffic Safety Commission (WTSC) and Pasco Police Department (AGENCY) is hereby
amended as follows:
BUY AMERICA ACT
The AGENCY will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)),
which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be
purchased with Federal funds unless the Secretary of Transportation determines that such
domestic purchases 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.
Clear justification for the purchase of non-domestic items must be in the form of a waiver
request submitted to and approved by the Secretary of Transportation.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the AGENCY (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective 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.
3. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meanings set out in the Definition
and Coverage sections of 49 CFR Part 29. You may contact the person to whom this
proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, 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 the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it
will include the clause titled "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.
(See below)
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant
may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Non -procurement Programs.
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.
9. Except for transactions authorized under paragraph 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 and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to
this proposal.
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
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.
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.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub -award at all tiers (including subcontracts, subgrants, and
contracts under grant, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
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.
NONDISCRIMINATION
The AGENCY will comply with all Federal statutes and implementing regulations relating to
nondiscrimination. These include but are not limited to:
(a)Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination
on the basis of race, color or national origin (and 49 CFR Part 21);
(b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and
1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101,
et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27);
(d)the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age;
(e)the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal -aid
recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in
all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(g)the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism;
(h)Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C.
290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient
records;
(i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.),
relating to nondiscrimination in the sale, rental or financing of housing;
(j) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and
(k)the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the AGENCY is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the AGENCY may be declared ineligible for further
contracts with the WTSC. The AGENCY shall, however, be given a reasonable time in
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
POLITICAL ACTIVITY (HATCH ACT)
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which
limits the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
STATE LOBBYING
None of the funds under this program 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.
All other terms and conditions of this MOU remain in full force and effect.
THIS AMENDMENT is executed by the persons signing below, who warrant that they have
the authority to execute this Amendment. This amendment is effective November 12,
2014.
PASCO
POLICE DEPARTMENT
M2
(Signature)
Ken Roske, Captain
(Printed Name)
I,1
(Date)
WASHINGTON TRAFFIC
SAFETY COMMISSION
(Signature)
(Printed Name)
( 23 AbJs
(Dat )
Agency address where fully executed copy of this document will be mailed:
Pasco Police Department 525 N 3`d Ave
Street
Pasco WA 99301 Captain Roske
City, State Zip Attn:
OR email:
Please return this signed Amendment (No later than January 9, 2015) to
your Target Zero Manager:
Michael Aldridge
Benton -Franklin Traffic Safety Task Force
5238 Outlet Drive
Pasco, WA 99301
509.492.0154