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HomeMy WebLinkAboutRES 2022-193 with Interlocal WA Traffic Safety CommissionBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2022. I q? A RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY SHERIFF'S OFFICE AND THE WASHINGTON TRAFFIC SAFETY COMMISSION WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for public agencies to cooperate by providing services and facilities for mutual advantage; and WHEREAS, the Washington Traffic Safety Commission (WTSC) and Kittitas County Sheriffs Office (KCSO) have the ability and desire to enter into such a cooperative agreement, a copy of which is attached hereto; and WHEREAS, the WTSC has and will provide overtime funding to law enforcement agencies to conduct high visibility enforcement (HVA) traffic safety emphasis patrols and related activities as outlined in the agreement in support of Target Zero priorities and; WHEREAS, that funding facilitates the goals and duties of the Kittitas County Sheriff's Office in improving the safety of the motoring public by providing these emphasis patrols while reducing the fiscal impact on the County, NOW THEREFORE, BE lT RESOLVED that the lnterlocal Agreement between Kittitas County Sheriffls Office and the Washington Traffic Safety Commission for high visibility emphasis patrols is approved and shall be filed in a manner consistent with RCW 39.34.040. ADOPTED this "f-t.r day of 2022 BOARD OF COUNTY COMMISSIONERS , WASHINGTON Chair *Lro,-u'o* ry g ht ith, Commissioner ATTEST: CLERK OF TIIE BOARD. APPROVED AS TO FORM: )+?22 ?v Dougl R. Mitchell Deputy Prosecuting Attorney k RESOLUTION INTTRAGENCY AGREEMENT BTTWEEN THE Washington Traffic Safety Commission AND Kiltitas Counly SheriffB Office TH|S AGREEMENT is made and entered into by Commission, hereinafter referred to as ,,WTSC, hereinafter referred to as,,SU B-REClpl ENT.,, and between the Washington Traffic Safety " and Kittitas County Sheriffs Office f n FFY2023, tlre washington Traffic safety commission has delegated the management andoversight of this project to the washington Associatian of sheriffs and police chiefs (WAspc) bycontractual agreement. wAsPc willact as WTSC's agent in the management and oversight ofthis project" wrsc will establish aBreements with all participating agencies before transferringresponsibility to WASPC. wrsc reserves the right to contact participating agencies regardingany elements of this contract. Itlow THERTFoRE, in consideration of the terms, conditions, covenanti, and performance contalned herein, or sttached and incorporated and made a part hereof, the parties mutuallyagree ar follows: 1. p.unfosc oF THE A€REEMETTIT The purpose of this Agreement is to provide funding, provided by the united states Departmentof Transportation (uSDoT) National Highway Traffic safety Administration {NHTSA}and allowedunder the Assistance Listings Catalog of Federal Domestic Assistance {cFDA} number 20.600 fortraffic safety grant project 2023'HvE-4593-Region 1! Target raro Task Force, specifically toprovide funding for the law enforcement agencies in WTSC Region 12 to conduct straight timeor overtime enforcement activities {traffic safety emphasis patrols} as outlined in the itatementof work {sow}, in support of Target Zero priorities. The Target Zero Manager (l-ZM) and/or theLaw Enforcement Li:ison (LEt) shall coordinate the Sow wirh the 5uB-REctptENT with the goalof reducing traffic crashes. Grant 2023-Hvt-4593-Reglon x2 Target zero Task Force was awarded to the Region lZ tosupport collaborative efforts to conduct HVE activities. By signing this agreemeni, th. suB- RECIPIENT can seek reimbursement for straight tirne or overtime for approved law enforcementactivity expenses incurred as a participant in the region's HVE grant. 2. PERIOD OF,PERFORMAilCE The period of performance of this Agreement shall commence upon the date of execution bybath Parties, but not earlier than octobe r 7,2o22, and remain ln effect until September 30,2023, unless terminated sooner, as prcvided herein" s.EqoPE 0F W0RK probl€m and Onportunitn $tgtement The main causes of serious injury and fatality collisions on washingtnn,s roadways are driverimpairment through drug and/sr alcohol use, and distracted driving. ln addition, nearly one inevery three fatal crashes between 2016 and 2020 invalved speeding as a contributing factor.Despite an increased seat belt use rate in 2a27, the number of unrestrained fatalities andserious injuries have increased to the highest number since before 20L0. Since 201g, unrestrained fatalities have increased over 30 percent and sericus injuries have lncreased 5gpercent' Motorcyclists also represent a high number of injured and killed because of unsafe andpoorly trained riders and the challenges vehicle drivers face in observing motorcyeles on theroad. ln 2020, washington experienced a 40 percent reduction in proactive traffic safety enforcementacrosr the state. The priorities for Region 12 include impaired driving, which data show comprise 40,7s% of allvehicular fatalities in this region; distracted driving and unrestrained, which data showcomprise 26% al fatalities; and, speeding, which data show comprise 22% of fatalities. Local lawenforcement report speeding has become increasingly challenging, which is why the Regisn 1-2Target Zero Task Force is requesting half its buclget be allocated to address speeding. Proiejt Pu{pose and Strategvr This proiect will fund High visibility Enforcement ttivEl and rraffic safety Enforcement program (TsEp) patrols to prevent impaired driving, distracted driving, seat belt use. speeding. andmotorcycle safety. Hieh visibility Enforcement {HVg} and Traffic Safety Enforcement program {TsEp} patrcls are designed to create deterrence by increasing the expectation of a citationffine/arrest. gfficers may also remove high risk {impaired} drivers when encsuntered. so together, this counterrneasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by localTZMs, LELs, and their localTarget Zero Task Force Task forces will use local data and professionalJudgement to determine enforcernent priorities for their jurisdictlons and will schedule and plan enforcement and outreach activities. Regionalparticipation in the fofiowing Nationar campaigns ir mandatory: I lmpaired driving enforcement during the Holiday DUt campaign {Decembe r t4, ZA2Z * January 1, 2023). r Distracted driving enforcement during the Distracted Driving campaign {April 3 - 1.0, 20231" r Seat belt enforcement during the Click lt or Ticket campaign {May 1"5 - June 4, ZAZ3'!.r lmpaired driving enforcement during the sumrner Dulcampaign {August L6 -September 4, 2023). These patrols will also be coordinated with the Washington State patrol tWSpi. Target Zero Managers will establish or strengthen relationships with key WSp district personnel to improve interagency coordination with the W5p. Goal Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. Reqqirements for National Mobili:ptionq and Tr€ffic Safetv Enfor.sement proer?m {Tsgjl 1. HVE events will be data infcrmed; based on crash data, anecdotal evidence, and the professionaljudgernent of task force members. WTSC strongly believes in the expertise of localofficers to understand the highest priority areas in their communitie$ to focus their efforts. 2. The SUB-RECIPIENT willensure ihat all officers partic;pating in these patrols are BAC ceftified and have received and passed the SFST refresher training.3. 5UB-RgCIPIENT will ensure all officers participating in lmpaired Driving patrols have alss received Advanced Roadside I m paired Driving Enlorcement {AR lDt } tra ining.4. 5UB'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 an irregularities, challenges or other details that wauld help explain what was enccuntered during their shift. 5UB-RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. 5. Artivity conducted outside of the quarterly task fcrce operational plans will not be reimbursed. Proiect lntent and.Best practlce 1. 5UB-REclPltNT ls encouraged tc help their Region Task Force fulfill the requfrement to participate in the four rnandatory National Carnpaigns. (Holiday DUI campaign in December 2022, Distracted Oriving campaign in April 2023, Click lt or Ticket campaign in May 2023, and Summer DUI campaign in August 2023). N0TE: Agencies must participate in speed or impaired driving enforcement under this agreernent to be eligible tc receive funding under the WASPC eguipment grant.2' 5UB'REclplENr i$ strongly encouragad to participate in their task force to plan and execute enforcement events, 3. Regicnal task force will be submitting quarterly operational plans and SUB-RECIptEM is encouraged to participate to the fullest extent possible. euarterly operational plans are due October i.5, December 15, March 15, and June 15,4' Participating officers should maximize their contacts during their patrols so that their activity contributes to the goals of the event. 5' SUB-Re clPlENT 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. lt is a best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE willoccur. 6' sUB-REcIPIENT should strive to actively enfcrce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7 ' when participating in motorcycle patrols 5UB-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 motorrycle, distracted driving, etc. 8. When participating in motorcycle patrols SUB"RECtPtENT should ensure that enforcement willfocus 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. Mentorship for lmpaired driving; The Task Force may engage a oUl mentorship program to train additional officers far DUI related activities. Best practice for DUI mentorship includes 16 hours of instructions to an officer wanting to engage further in DUI emphasis activities. Up to 1.6 hours ofovertime or straight time will be approved to both mentor/mentees. Ihe 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 subrnits their interest. Not all agencies are requited to participate in all of these, however the region has committed toparticipate as a region in all of these. Mobilization Dates DUI December 15, 2022- Janua rv 1,2023 U Drive. U Text. U p 3-1 2033 Click lt or Ticket 15 - June ?023M It's a Fine Line nal if funded)7^Ju 2023 DUI Drive Sober or Get pulled Over 16-ber 4 2023 3.2, COMPENSATION 1'2'1. 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 thework described in the 5ow willnot exceed dollar totalfrom amounts listed below. payment fcrsatisfactory performance shall not exceed this amount unless the wTSc and 5uB-RECIpIENT mutually agree to a higher amount in a written Amendment to this Agreement executed byboth the WTSC and 5UB-REC|PIENT" Comp-time is not considered oyertime and willnot beapproved for payment. All law enforcement agencies who are active members of the Region'straffic safety task force with a fully executed grant agreernent are eligible to participate in thisgrant. 3't'2' wTsc will reimburse for personnel straight tirne or overtime expenses at 150 percent ofthe officer's normal salary rate plus 5UB-REClPlEfrlT's ccntributions to employee benefits.limited to the following: 10. FlcA 11, Medicare L2. Any portion of L & r that is paid by the emproyer {5uB-RECTPTENT} 13" Retirement contributions paid by the ernployer {SUg-REclpttNT} can be included if thecontribution is based on a percentage of their hours worked Health insuranc€, of 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 participat€ in the emphasis patrols. 3.2'3. Funding alterations are permitted as follows: upon agreement by the regionalTZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this agreement, so long as the total grant award arnount does not increase. HVE grant funds should be managed collabaratively by the SUB- RECIPIENT and the TZM" These alterations must be requested through email comrnunication between the regionalTZM and assigned WTSC Program Manager. This csmmunication 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 tc the WASpc representative monitoring the project if the budget modification will result in changes to the previously subrnitted plan. 3"2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtimr costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be usedfor any other purpose for example any work required to maintain a law enforcement commissisn inrluding recertification trainings like firearm qualification. 3'2'5' Dispatch: wTSC will reimburse communications officersldispatch personnel for work onthis project providing sUB-RECIPIENT has received prior approval from their region,s 12M. This€ctivity must be overtime and only the expenses listed in section 3.2 and its subsections will bereimbursed. 3"2'6. Transport Officers: WTSC will reimburse transport officers for their work on this projectproviding 5UB'RECIPIENT has received approvalfrom their regions TZM. The TZM will work withthe regional L€L to determine if need is warranted fsr the type of HVE activity, This activitymust be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3'l'7, The law enforcement 6gency involved will not schedule individual officer overtime shiftsfor longer than eight hours' WTsc understands there may be instances when m*re than eighthours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3't'8' The law enforcement agency involved will ensure that any reserve officer for whomreimbursement is claimed has exceeded his/her normal weekly working hours whenpartiripating in an emphasis patrol and is authorized to be paid at the amount requested, Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. 3.3" SUMMAnY 0F PR0rgcT $osJg The wrsc has awarded 9gc,tog to the Region 12 Traffic $afety Task Force for the purpose ofconducting coordinated overtime HVE activities. 8y signing this agreement, the SUS-REclplENT can seek reimbursement for approved straight time or overtime expenses incurred as aparticipant in this grant, All activity must be coordinated by the region's traffic safety task fsrce and TZM to be eligible for reimbursement, The funding (Section 402, CFDA 20.600)for Region t? is as folrows: EMPHASIS PATROL lmpaired Driving Patrols $24,86 Driving Patrols $15,4s5 Click lt or fick*t $s,83S $+n,rgt Motorcycle Safety $4,65; TOTAT $9q,t*e APPLICABTE STATE AND F€DERAI TERMS ANO CONDITIOI,IS: 4. ACrfVtW REqqRTS The SUB-RECIPIENT agrees to have all personnelwho work HVE patrols submit a WEMS Officer Activity lag within 24 hours of the end of all shifts worked, These same logs will be associated with invoiceE as detailed in the "BILLING PROCEDURE" section, Use of the Officer Activity Log in the wTSC's online grant management system, wEM$, is required. supervisor review and accuracy certification will also be done in WEMS. 5LADI/ANCE FAyMEhtTS pROt{tEtTEp No payments in advance of or in anticipation of goads or services to be provided under this Agreernent shall be made by the WTSC. 6. AGntEMf NT *rTEnArloNS ANp AMIFiDMENTS This Agreem€nt 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 wrsc Program Manager can be made through ernail communication and signatures are not required. 7. Att 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 rnatter of this Agreement shall be deEmed to exist or to bind any of the parties hEreto. S. ASSIGI\IMEHT The $UB-RICIPIENT may nst assign the work to be provided under this Agreement, in whule or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-REC|pl€NT shall provide the WTSC a copy of all third-party contracts and agreemenG entered into for purposes of fulfillin6 the SOW. Such third-party contrscts and agreements must follcw applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. lf any of the funds provided under this Agreement include funds from NHTSA, such third-party contrarts and agreements must include the federal provisions set forth in this Agreement in sectisns 34 through 42, 9. ATTgRilgYS" FEES ln the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 1q3 EtruNG pRocFpuRt All invoices for reimbursement of HVE activities will be done using the WTSC's grant management systern, WEMS. WEtvlS Office r" Activity logs will be attached to invoices, directly linking the cost sf the activity to the invoice^ 6ecause the activity, approval, and invoicing are all done within WEMS, no back up documentatisn is required in most cases. Once submitted by the SU8-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. Fayment 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 invo,ices for goods received or services performed on cr prior to June 3A,2A23, must be received by WTsc no later than August 10, 1023. All invoices for goods received or services performed between July x., 2023 and september 3a,zazl, must be received by wrsc no later than November 1.5,1023. 11. COI{Fl DEfTIIIALITYISAF€qUAROt N6 O F lruroR MATIOS The SUB-RECIpIENT shall not use or disclose any inforrnation eoncerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreernent, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRIruCIPLES costs incuffed under this Agreement shall adhere to provisions of 2 CFR part 200 subpart E. t 3! C01/ENANT S6AtNST CONTtf{6EntT FEES fhe SuB'R€clPlENr warrants that it has not paid, and agrees not to pay, any bonu$, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application fsr federal financial assistance fsr this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB,RtCtptENT, to annul this Agreement without liabllity. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Partier, 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- RECIPI€NT's receipt of WTSC's written decision, the 5UB-R€CIPtENT furnishes a written appeal to the WTSC Director, The SU8-REclpl€Nls appeal shall be decided in wriring by the Director or designee within 3o days af receipt of the appeal by the Director. The decision shall be binding upon the $uB-RECIptENT and the sUB-REC|ptENT shall abide by the decision. 14.2. Performance During Dispute. unless ntherwise directed by wrsc, the sUB-RECIpIENT shall contanue p*rformance under this Agreement whilE matters in dispute are being resolved. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed tc conforrn to those laws. 15.?. ln the event of an inconsistenry in the ternrs af this Agreernent, or between its terms and any applicable statute or rul€, the inconsistency shall be resolved by giving precedence in the following order: 15.?.1. Applicable federal and state statutes and rules 15"2.2. Terms and Conditions of this A,greement 15.2.3. Any Arnendment 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. tt{coME Any income earned by the suB.R[ctplENT from the conduct of the sow {e.g., sale of publications, registration fees, or service chargel) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. x7. rNpgMNtFtcATtoN 17.1. To the fullest ext€nt permitted by law, the 5UB-REC|PIENT 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, losseg, damages. or costs of whatsoever kind {"claims"} brought against WTSC arising out of or in connection with this Agreement and/or the SUB-R€CIPIENT'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 conn*ction with, or incident to the acts or amissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Frovided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WT$C, 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 agent$; and provided further that if such claims result from thE concurrent negligence of {a} the SUB-RECIplENT, its officers, employees, agents, contrastors, or subcontractors, and {b}the wrsc, its officers,employees, or agente, or involves those actions covered by RCW 4.24.L:l:S, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SuB-REC|plgNT, its officers, employees, agents, contractors, or rubcontractors. X7.2. The 5U8-RECIPIENT tvaives its immunity under Title 51 RCw ts the extent it is required toindemnify, defend, and hald harmless the wrsc, its officers, employees, or agents, 1?'3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. IrupFqEL{8ENT CAPACTTY The employees or agents of each Party who are engaged in the performanc€ of this Agreement shall continue to be employees or agents of that Party and shall not be considered for anypurpose to be emplcyee$ or agents of the other party, 19" INSURAf{CE C9VERAGE 19'1' The SU8'RECIPIENT shall comply u/ith the provisicns of Title s1 RcW, lndustrial lnsurance,if required by law. !'9'?' lf the 5U8-RECIFIENT is not required to maintain inrurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the suB-REctpl€NT shall provide WTSC with proaf of insurance coverage (e.g., vehicie liability insurance, privatepropertv liability insurance, or comrnercial property liability insurance), as determined appropriate by WTSC, which protects the 5UB-R€clplgNT and WTSC from risks assCIciated with executing the sow associated with this Agreement, The 5UB-RECIpIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirernents and standards necessary for the performance of this Agreement. The sUB-RECIPIENT shall complete registration with the Washington State Deparlment of Revenue, if required, and be responsible for payment of all iaxes due onpayments made under this Agr"eement. 2 1. RECORDS MA'ilTsrysr.rqE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIptENT shall rnaintain books, r€cords. 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 Agreernent will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authoriz€'d representativer shall have full acceis 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 prCIperty of the furnishing party, unless otherwise,igreed. The receiving Party will not disclose or make available this material to any third partieiwithout 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. 2?. R|GHT Oq tNSPECT|ON The SUB'REC|PI€NT shall provide right af access ts 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/ar quality assurance under this Agreement. The SUB-RECIpIENT shall make available information necesiary for WTSC to comply with the right to access, amend, and receive an accounting cf disclosures sf their Personal lnformation according to the Health lnsurance Portability and Accountability Act of 1996 {HlpAA} or any regulations enacted or revised pursuant tc the HIPAA provisions and applicable provisions of Washington State law. The 5UB'RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Servlces 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. Rr-CfiTS.tN DATA 23.1. WTsc and SU$-RECIPIENT agree that all data and work products {collectively called ',Work Product") pursuant to this Agreement shall be considered wcrks made for hire under the U.S. Copyright Act, L7 USC Si0L et s€q., and shall be owned hy the state of Washington. Work Froduct includes, but is not limited to, reporls, documents, pamphlets, advertisement, books, magazines, survsys, studies, computer programs, films, tapes, sound reproductions, deslgns, 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. lf for any reason the Work Product would not be considered a work made for hire under applicable law, the 5UB-RECIPIENT assigns and transfers to WTSC the entire right, title, and lnterest in and to all rights in the Work Froduct and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23'3. The SUB-RECIPIENT r"nay publish, at its own expense, the results of preject activities without prior review by the WTSC, provided that any publications {written, visual, or sound} contain acknowledgrnent of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to lhe WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and nther actions required to protect the public interest. 24. SAVilTtGS ln the event funding from state. federal, or other sources is withdrawn, reduced, or limited in any wey 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 ',TERMtNATION FoR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject torenegatiation at the WTSC's discretion under any new funding limitations sr condition!, 25. sEyEBagtilTS lf any provision of this Agreement or any provision of any dscument incorporated by reference shall be held invalid, such invalidity shall noi affect the other provisions af this Agreement which can be given effect without the invalid provisicn, if such remainder conforms to the requirernents of applicable law and the fundamcntat purpcse of this Agreement, and to thistnd the provisions of this Agreement are declared to be severable. e6. S|TE SFCUBITY \Alhile on WISC premises, the SUB-RfclPlENT, its agents, ernployees, or sub-contractors shall conforrn in all respects with all WTSC physical, fire, nr other security policies and applicable regulations. 27" rA{fE All payments of payroll taxes, unemployment contributions, any other taxes, insuranee, or ather such expenses for the 5UB-Rf clplENT or its staff shall be the sole responsibility of the 5UB.RECIPIENT, 18. TIRMtruATtOry FoR CAUSE lf the SUB-RECIPIENT does not fulfill in a tirnely and proper manner its obligetions under this Agreement or violates any of these lerrns and conditions, the wTsc will give the suB-RECIpIENT written notic€ of such failure or violation and may terminate this Agreernent immediately. At the WTSC's discretion. the 5UB-RECIPIENT may be given 15 days ta correct the violation ar failure, lf the SUB-REclPlEI{T is given the opportunity to correct the viotation and the violation is not corrected within the 15'day period, this Agreement rnay be terminated at the end of thatperiod by wriiten notice of the WTSC" 29. TEeld tNATtOft FOR CONVET{r,Et{CE Except as othenvise provided in this Agreement, either Party may terminate this Agreernent, without cause or reason, with 30 days written notice to the other party. lf this Agreement is so terminated, the WTSC shall be liable only for payrnent reguired under the terms of this Agreernent for services rendered or goods delivered prior to the effective date of termination. 30. ?REATMEHT Or AsSETs 30.1- Title to all property furnished by the WTSC shall remain property of the wr$C. Title to all propertY furnished by the SUB-RfCIPIANT for the cost of which the SUB-RECtpIENT is enritted 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 5Ug-REclPltNT. Title to other property, the cost of which is reimbursable to the SusrRtclPlENT under this Agreement, shall pass ta 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 perforrnance of this Agreement, or {iii}reimburgement of the cost thereof by the WTSC in whole or in pafi, whichever first occurs. 30.2. Any property of the WTSC furnished tc the SU8-RtctptENT shall, unless otherwisE prcvided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. Ihe 5UB-RECIPIENT shall be responsible far any loss or damage to property of the WTSC which results from the negligence of the SUB-fiEClPl€NT, or which results frsm the failure on the part of the 5UB-RECIPIENI to maintain and administer that property in accordance with sound management practices. 30.4" lf any WTSC property is lost, destroyed, or darnaged, the SUB-REC|pl[flT shall immediately notify the WTSC and shall take all reasonable steps to pratect the property from further damage. 30,5" The suB-REctPtENT shall surr€nder to the wrsc all property of the wrsc upon completicn, termination, or cancellation of thls Agreernent" 30.6. All rsference to the 5UB-RECIPIENT under this clause shall also include SUB-RECtptENT,s employees, agents, or suh-contractors. lr. vt/AtvER A failure by either partY to exercise its rights under this Agreement shall not preclude that party from subsequent exercise sf such rights and shall not constitute a waiver of any other rights under this Agreement. APFLICABIE CSRTIFICATIONS AND ASSURANCTS FOR H|GHWAY SAFETy GRANTS {23 CFR PART 1300 APPENDTX A); 3?._BUY *M€R|CAACT The 5UB-R€ClplENT will comply with the Suy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the 5UB-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 satisfactary quality, or that inclusion of domestic materials will increase the cost of the overall project contrad by more than 25 percent. ln 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. trFBARMEilT ANp SUSPENSION. lnstructions for Lawer Tier Certification 33.1. By signing this Agreement, the SUB-fttClPlENT {hereinafter in this cection referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the reguirements of ? CFR part 180 and 23 CFfi parr 1300. 33't' The certification in this section is a material representation of fact upon which reliance was placed when thil transaction was entered into. lf it is lster determined that the lower tier particlpant knowingly rendered an erroneou: certification, in addition to other rernedies available to the federal governrnent, the department or age ncy with which this transaction criginated may pursue available remedies, including suspension andlor debarment. 33.3. The lswer tier participant shall provlde immediate written notice to the WTSC if at any tirne the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33,4. Ihe terms covered transaction, debarment, suspension, ineligible, lower tier. participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and covered Transactions sections of 2 cFR part 1g0. 33.5' The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transactlon 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 Nl-lTSA. 33.6. The lower tier participant further agrees by signing this Agreernent that it will include the clause titled "lnstructions for LowerTier Certification" including the "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction,,, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 1g0 and 23 CFR part 1300. 33.7' A participant in a covered transaction rnay rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarrnent under 4g 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 frorn Federal Procurement and Non-procurement programs. 33.8. Nothing contained in the foregoing shall be construed to require establishnnent of a system of records in order to render in good faith the certification required by this clause. The knowledge and inforrnation of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33'9. Except for transactions authorized under paragraph 35.5, of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 cFR part g, subpart g.4, suspended, debarred, ineligibfe, or vsluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transacticn, issue a stop work order, clebar or suspend you, or take other remedies as appropriate. Certification Regarding Debarrnent, Suspension, lneligibility and Voluntary txclusion - 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 voluntarilv excluded from participation in this transaction by any federal department or agency 33.1'1, Where the lower tier participant is unable to certify to any of the statements in this certification, such panicipant shall attach an explanation to this Agreement. 34. THE pRUG-InEE WORKpLACS ACT OF 1988 {41 U,5.:C.31031 34.1. The SUB-RECIPIENT shatt: 311.1.1. Publish a statement notifying ernployees that the unlawful manufacture, distribution, dispensing, possession, or use of a cantrolled substence is prohibited in the workplace and shall specify the actiCIns that will be taken against employees for violation of such prohibition. 34,1.2. [stablish a drug'free awareness program to inform employees about the dangers of drug abuse in the workplace; the sUs-RgClPlEfrlT's policy of maintaining a drug"free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and thepenalties 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 begiven a copy of the statement required by paragraph 36.1.1. ef this section. 34.1.4. Notify the ernployee in the statement required by paragraph 35.1.1" of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34'l'.5' Take one of the following actions within 30 days of receiving notice under paragraph 36'1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assiitance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency" 31t.L.6. Make a good faith effort to scntinue to maintain a drug-free workplace througlr implementation of all oi the paragraphs above. 35. LrOEq.{r FUN.?|NG ACCOUtrlTABtilry AN0 TRdlf SpARENCIAsr {FFA:rA} ln accordance wiih FFATA, the sUB-ReClPle NT shall, upcn request, provide WTSC the nam€s and total ccmpensation of the five most highly compensated offieers 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 $25,000,000 or more in annualgross revenues from federal awards, and if the public does not have access to inforrnation about the cornpensation of the senior executives of the entity through periodic reports filed under section L3{a) or 15{d) of the Securities Exchange Act of 1934 or section 5104 of the lnternal Revenue Code of 1996. 3S. FEDERAT toEBYiluG 36.1. fhe undersigned certifies. to the best of his or her knowledge and belief, that: ?6,1.7. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person fsr influencing or atternpting to influence an officer or employee of any agency, a Member of Congress, an officer or employee af Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal laan, the entering into of any cocperative agreement, and the extension, cantinuation, renewal, amendment, or modification of any federal contract, grant, loan, sr cooperative agreement. 3$.1'2. lf any funds other than federal appropriated funds have been paid ar will be paid ro any person for influenclng or attempting to influence an officer or employee of any agency, a Member cf Congress, an officer or employee of Congress, or an employee of a Member of Ccngress in connection with this federal contract, granf loan, or caoperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form tc 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-au;ards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agre€ments), and that all sub-recipients shall certify and disclose accordingly. 36.2. This certification is a rnaterial representation of fact upon which reliance was placed when this transaction was made or entered into. 5ubmission of this certification is a prerequisite for rnaking or entering into this trunsaction 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 $tOO,O0C for each such failure. 37, FIONDISC*IMINATIOIL{TiI|e Vt,42 U.S.C. $ 2000d et seq.} 37.1. During the performance of this Agreement, the suB-REclpltNT agrees: !7.t.1, To comply with aflfederal nondiscrimination laws and regulations, as rnay be amended from time to time. 37'1.2. Not to participate directly or indirectly in the discriminatisn prohibited by alry federalnon-discrimination law or regulatlon, as set forth in Appendix B of 49 cFR part 2 j. and herein. 37'1'3' To permit access to its book$, records, accounts, other sources of information, and itsfacilities as required by the WTSC, USCIOT, ar NHTSA. 3v.7.4, That, in the event e contractor/funding recipient fails to comply with any nondiscriminatien provisians in this contract/{unding Agreement, the wrsc will have the rightto irnpose such contractfagreement sanctionr as it or NHTSA determine are approprlate, including but nst limited to withholding payrnents ts the contractor/funding recipient underth€ contract/agreement until the contractorffunding recipient complies, andlor cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37'x',5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation fcr a sub-contract or sub-agreement that receives federal funds underthis program. 38. POUT|CAT ACTtq'W {HATCH AqT.l The sUB-RECIPIENT will comply with provisions of rhe Hatch Acr i5 U.s.c. 1.501-1508i, whichlimit the political activities of employees whnse principal employment activities are funded inwhole or in part with lederal funds. 'IS. 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 spJcificlegislative proposal pending before any state or local legislative body, Such activiiies includeboth direct and indirect {e.g., "grassroots"} lobbying activities, with one exception. This daesnot preclude a state official whose salary is supported with NHTSA funds frorn engaging indirect cornmunications with state or local legislative officials, in accordance with customary state practice, even if such communications urge tegislative officials to favor or cppose theadaption of a specific pending legislative proposal. 41. pESJqilATEp COirTAflS The following narned individuals will serve as designated contacts for each of the parties far allcomrnunications, notices, and reimbursement regarding this Agreement: 39. PFOHIBITION ON U$IT'IG $RANT IUND5 To cHEcI( FoR.HrtMq"T USAGE The Su8-RECIPIENT will not use 23 u.5.c. chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does notinclude any aspects or elernents of helmet usage or checkpoints, arrd so fully complies with thisrequirement. The Contact for the SUB- RECIPIEf{T is: The Terget Zerc Manager for Region 12 is; The Contact for WT$C is: fveline Roy Region L2 Target Zero Manager 509-670-8914 er.roy@frontier,corn Jerry Noviello WTSC Frogram Manager jnoviello@wtsc.wa. gov 360-725-98e7 42" A!.tTHCIRlTY TO st6il The undersigned acknowledges that they are authorized to execute this Agreement and bind theirrespective agencies or entities to the obligation set forth herein, Ittt wlrt{Ess wH€REOF, the parties have executed this Agreement, $gt. Jason Goeman Kittitas County $heriffs Office jasan" goernan@co. kittitas, wa. us {ssg} 962-7525 e#yrffi W&w Sheriff, Kittitas Count Clay Myers Printed Name €i- zt"*L-t* Signature Title Date v TRAFFIC SAFSTY COMMISSIOT{ Date D Director WASHIN6TON Pamela E Frinted Name 5ignature Pam Pannkuk Title 09-27-2A22 l} qrlv Sffi, b/ Pdhoh t 0llrtr:fdmd!t,S$r5l q (ru ".l9ahlut4Mr.r1q gaa, {.lti Dil{ :0)-1,04.!/ lff 2l:lr 4r-rw wEluts Grant Requirements Acknowledgement Form for High visibility Enforcement (HVE) Mobilizations WEMS lD: 2023-HVE-4693-Region L2 Target Zero Task Force Before beginning work on this grant project, the grantee Project Manager should thoroughly read and understand the terms of the lnteragency Agreement (lAA). This Grant Requirements Acknowledgement Form provides an explanation of some key terms and highlights but is not comprehensive. lf the Project Manager has questions after reviewing this document, please refer to the WTSC Grants Management Manual, or contact the WTSC Program Manager assigned to this grant. When you, the grant Project Manager, agree to this document, you certify that you understand the grant requirements and agree to fully comply with the terms and conditions set forth in the Agreement/Contract, as well as additional federal requirements outlined in the Code of Federal Regulations for Federal Grants and Agreements, as referenced berow. lf anything in this document conflicts with the Agreement/Contract, the Agreement/Contracttakes precedence. Before you begin work, you must have:r A fully executed IAA or contract signed by both parties.. Attested to the Grant Requirements Acknowledgment Form (this docu ment) Work cannot begin before the start dote on the lM, or hefore the tAA is signed by oll parties. WTSC will only reimburse expenses incurred after the IAA is fully executed. Select Contract Provisions: o Statement of Work: This summarizes the workto be done for this grant. lf this changes significantly, the granteewillneed to requesta change in WEMS, and an lAAamendment maybe required. r High Visibility Enforcement (HVEf Operational Requirements: The speciflc HVE requirements listed in the Scope of Work are extremely important to the success of the high visibility enforcement strategy ALL of these requirements must be followed. r WEMS DigitalActivity [og: WTSC requires all agencies participating in high visibility enforcement to use the WEMS system to document the activity of all participating officers. An officer cannot participate if they do not have a WEMS account and do not input their activities into the WEMS digital activity log. r Officer Training Requirements: Any officer participating officer must document in WEMS that they have current qualifications for BAC and SFST. o Period of Performance: All work must be completed, and goods and services must be received, during the period of performance on the lAA. Page 1 of2 o Compensation; o Comp time is not an allowable expense for reimbursement on a high visibility enforcement (HVE) campaign contract or other oT (Overtime) patrol projects. The funding for these types of projects are for the actual activity of patrolling and comp time or any other type of leave will not be reimbursed. o All expenses must be incurred during the period of performance on the lAA.o Expenses cannot exceed the total amount of the agreement and must fall within the amounts of each budget category as listed in the lAA. o Funds may be moved, with prior approvaland within certain limits, between planned budget categories. A formal request must be submitted to the Target Zero Manager.o Advance Payments Prohibited: WTSC cannot pay for any costs prior to the work being completed or the goods being delivered. r Agreement Alterations and Amendments: lf your agency wants to seek an exception to any of the HVE operational reguirements, you must submit an exception request to the WTSC's primary contact listed in the in lnteragency Agreement. ' Billing Procedure: Your agency is required to utilize the DigitalActivity Log in the WEMS system, supplied by the WTSC for all of your invoices. Your local TZM can give you training and support if you need assistance using this system. . Buy America Act: For any manufactured goods over $5,000, the grantee must provide written certification that the goods, including lT software and hardware, were produced in the USA.I Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff or expenditures, Must comply with 2 CFR part 200 Subpart E. r lncome: Any income generated with this grant must be accounted for and applied to project purposes or used to reduce project costs. o Lobbying/Political Activity: Because this grant uses federal funds, no work being funded by this grant can be used to lobby or otherwise influence state or federal officials, or support or oppose legislation; there is an allowance for "customary state practice.,' I Records Maintenance: Maintain records pertaining to this agreement for G years after expiration Other Requirements: r Promotional ltem Purchase Restrictions: No promotional items can be purchased with these grant funds. o Single Audit Requirements: Required of an entity that expends 5250,000 or more annually of federal funds, federal grants, or federal awards; usually performed annually. By checking this box and typing your name below, you certify that you agree to fully comply with the terms and conditions set forth in the Agreement, as well as the requirements listed in this document. Typing your name below constitutes your electronic signature on this document. 8rZ'6ry* (Name, Agency, Title) KIT'TIAS COUNTY SHEHFF'E OFEE so7w.uMPr NUllRD. EttslEBt,m'wA00l[ (Date )r, Page2of 2 lAgree I )" I zq[