17-146.00 Washington Traffic Safety Commission: Pedestrian Safety Zones 0
RECEIVED
NOV 1 # 2017
Traffic Safety
CONTRACT FOR SERVICES
BETWEEN THE
WASHINGTON TRAFFIC SAFETY COMMISSION
AND
Spokane Valley Police Department
WEMS Vendor Contract 2018-Vendor Contract-2424-AG 1861 -Spokane County Pedestrian
Safety Zones
THIS CONTRACT is made and entered into by and between the Washington Traffic Safety
Commission, hereinafter referred to as "WTSC," and Spokane Police Department, hereinafter
referred to as"CONTRACTOR."
CONTRACTOR contact info:
Name: Lt. Scott Szoke
Address: City of Spokane Valley, 12710 E. Sprague, Spokane Valley, WA, 99216
Email: sszoke@spokanesheriff.org
E I N#: 71-0914170
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance
contained herein, or attached and incorporated and made a part hereof, the Parties mutually
agree as follows:
1. THE PURPOSE OF THIS CONTRACT
The purpose of this Contract is to provide funding, provided by the United States Department of
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed
under the Catalog of Federal Domestic Assistance (CFDA)#20.616, for work to be
accomplished under traffic safety grant project 2018-Vendor Contract-2424-AG 1861 - Spokane
County Pedestrian Safety Zones.
•
2. PERIOD OF PERFORMANCE
The period of performance of this Contract shall commence upon the date of execution by both
Parties or October 01, 2017, whichever is later, and remain in effect until September 30, 2018,
unless terminated sooner, as provided herein.
3. STATEMENT OF WORK
The CONTRACTOR shall carry out the provisions of the Contract described here as the
Statement of Work(SOW):
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Provide enforcement of pedestrian laws -directed at both the pedestrian and at vehicle
operators- during the contract period as stipulated in the operations plan that will be developed
for this project. Provide reports about enforcement activities using Pedestrian Activity Log to
Region 16 Target Zero Manager within the scope of time described in the operations plan.
Provide presentations about pedestrian safety, as needed or requested.
3.1 MILESTONES AND DELIVERABLES
The CONTRACTOR shall meet the milestones and make the deliverables as set forth in this
section.
Milestone OR Deliverable Description Completed by Date
Attend enforcement meetings coordinated by Region 17 Target Zero 10/18/2017
Manager
Develop tentative operations plan for pedestrian safety enforcement 11/10/2017
work to submit to command staff of participating agencies for approval.
(Key considerations in development of the operations plan will be to
ensure that project-funded enforcement efforts will not conflict with
• other scheduled enforcement efforts.)
Operations plan approved by command staff 11/21/2017
Conduct 5 pedestrian emphasis patrols between November 1, 2017 - 06/30/2018
June 30, 2018 in prioritized areas of Spokane and Spokane Valley
(high visibility Click It or Ticket style). At least one of the emphasis
patrols will occur before Thanksgiving 2017.
Conduct 5 pedestrian emphasis patrols between November 1, 2017 - 06/30/2018
June 30, 2018 in prioritized areas of Spokane and Spokane Valley
(high visibility Click It or Ticket style). At least one of the emphasis
patrols will occur before Thanksgiving 2017.
Conduct 5 pedestrian emphasis patrols July 1 - September 30, 2018 in 09/30/2018
prioritized areas of Spokane and Spokane Valley (high visibility Click It
or Ticket)
Schedule presentations regarding pedestrian project at least quarterly 09/30/2018
at Spokane County Target Zero Task Force meetings.
Submit enforcement activity reports to Target Zero Manager within 09/30/2018
amount of time agreed to during operational meetings.
Submit enforcement activity reports to Target Zero Manager within 09/30/2018
amount of time agreed to during operational meetings.
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3.2 COMPENSATION
The cost of accomplishing the work described in the SOW will not exceed $10,000.00. Payment
for satisfactory performance of the work shall not exceed this amount unless the Parties
mutually agree to a higher amount in a written Amendment to this Contract executed by both
Parties.
3.3 SUMMARY OF CONTRACT COSTS
The costs for the work under the SOW to be provided by the CONTRACTOR or
CONTRACTOR'S SUB-CONTRACTOR are as follows:
SUMMARY OF COSTS AMOUNT
Employee salaries and benefits: $7,000.00
Travel (includes in-state and out-of-state travel): $0.00
Contract Services (usually involves a 3rd party service provider): $0.00
Equipment(listed in the table below): $0.00
Goods or other expenses (examples: office/printing supplies, postage, $0.00
software, conference registration fees):
Indirect Costs $0.00
TOTAL: $7,000.00
4. DEFINITIONS:
4.1 As used throughout this Contract, the following terms shall have the meaning set forth
below:
4.1.1. "WTSC" shall mean the Washington Traffic Safety Commission of the state of
Washington, any division, section, office, unit, or other entity of the WTSC, or any of the officers
or other officials lawfully representing that WTSC.
4.1.2. "AGENT" shall mean the WTSC Director and/or the delegate authorized in writing to act
on the Director's behalf.
4.1.3. "CONTRACTOR"shall mean the firm, provider, organization, individual, or other entity
performing services under this Contract, and shall include all employees of the CONTRACTOR.
4.1.4. "SUB-CONTRACTOR"shall mean one not in the employment of the CONTRACTOR,
who is performing all or part of those services under this Contract or under a separate Contract
with the CONTRACTOR. The terms"SUB-CONTRACTOR" and "SUB-CONTRACTORS"
means SUB-CONTRACTOR in any tier.
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APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
5. ACTIVITY REPORTS
The CONTRACTOR will submit reports on the activity of this project in the form provided by the
WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process
or other alternate means pre-approved by WTSC. The CONTRACTOR will include copies of
publications, training reports, and any statistical data generated in project execution in the
reports.
6. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
Contract shall be made by the WTSC.
7. AGREEMENT ALTERATIONS AND AMENDMENTS
This Contract may be amended by mutual agreement of the Parties in the form of a written
Amendment to this Contract. Such amendments shall only be binding if they are in writing and
signed by personnel authorized to bind each of the Parties.
8. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed
to exist or to bind any of the Parties hereto.
9.ASSIGNMENT
The CONTRACTOR may not assign the work to be provided under this Contract, in whole or in
part, without the express prior written consent of the WTSC, which consent shall not be
unreasonably withheld. The CONTRACTOR shall provide the WTSC a copy of all third-party
contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party
contracts and agreements must follow applicable federal, state, and local law, including but not
limited to procurement law, rules, and procedures. If any of the funds provided under this
Contract include funds from NHTSA, such third-party contracts and agreements must include
the federal provisions set forth in this Contract in sections 35 through 43.
10. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Contract terms, each Party agrees
to bear its own attorney fees and costs.
11. BILLING PROCEDURE
The CONTRACTOR shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted using
a standard Form A-19 provided by WTSC or its pre-approved equivalent. Payment to the
CONTRACTOR 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 Contract, any claim for payment not already made shall be submitted
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within 45 days after the expiration date of this Contract. All invoices for goods received or
services performed on or prior to June 30, 2018, must be received by WTSC no later than
August 10, 2018. All invoices for goods received or services performed between July 1, 2018,
and September 30, 2018, must be received by WTSC no later than November 15, 2018.
12. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or
information which may be classified as confidential, for any purpose not directly connected with
the administration of this Contract, except with prior written consent of the WTSC, or as may be
required by law.
13. COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not paid, and agrees not to pay, any bonus,
commission, brokerage, or contingent fee to solicit or secure this Contract or to obtain approval
of any application for federal financial assistance for this Contract. The WTSC shall have the
right, in the event of breach of this section by the CONTRACTOR, to annul this Contract without
liability.
14. DISPUTES
14.1. Except as otherwise provided in this Contract, when a dispute arises between the Parties
and it cannot be resolved by direct negotiation, either Party may request a dispute review by the
AGENT.
14.2. The request for a dispute review("Requestor's Statement") must:
14.2.1. Be in writing.
14.2.2. State the disputed issue(s).
14.2.3. State the relative positions of the requester's Party.
14.2.4. State the Designated Contact's name, address, and telephone number.
14.2.5. Be submitted by mail or electronic correspondence (email) to the AGENT and the other
Party's Designated Contact within three working days after the Parties agree that they cannot
resolve the dispute.
14.3. Within five working days after receipt of the Requestor's Statement, the other Party's
Designated Contact shall send a written response to the Requester's Statement to both the
AGENT and the requester.
14.4. The AGENT shall review the written statements and provide a resolution reply in writing to
both Parties within 10 working days after receiving the second Party's written response. The
AGENT may extend this period if necessary to allow more time for review or to collect more
information from the Parties by notifying both Parties.
14.5. The Parties agree that this dispute process shall precede any action in a judicial or quasi-
judicial tribunal.
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14.6. Nothing in this Contract shall be construed to limit the Parties' choice of a mutually-
acceptable alternate dispute resolution method in addition to or in lieu of the dispute resolution
procedure outlined above.
15. GOVERNANCE
15.1. This Contract 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 Contract shall be
construed to conform to those laws.
15.2. In the event of an inconsistency in the terms of this Contract, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Contract
15.2.3. Any Amendment executed under this Contract
15.2.4. Any SOW executed under this Contract
15.2.5. Any other provisions of the Contract, including materials incorporated by reference
16. INDEMNIFICATION
16.1. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the WTSC, its officers, employees, and agents, and process and defend at its own
expense any and all claims, demands, suits at law or equity, actions, penalties, losses,
damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in
connection with this Contract and/or the CONTRACTOR'S performance or failure to perform
any aspect of the Contract. This indemnity provision applies to all claims against WTSC, its
officers, employees, and agents arising out of, in connection with, or incident to the acts or
omissions of the CONTRACTOR, its officers, employees, agents, and subcontractors. Provided,
however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless
or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by
the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided
further that if such claims result from the concurrent negligence of(a) the CONTRACTOR, its
officers, employees, agents, or subcontractors, and (b) the WTSC, its officers, employees, or
agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided
herein shall be valid and enforceable only to the extent of the negligence of the CONTRACTOR,
its officers, employees, agents, or subcontractors.
16.2. The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
16.3. The indemnification and hold harmless provision shall survive termination of this Contract.
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17. INDEPENDENT CAPACITY
The Parties intend that an independent contractor relationship will be created by this Contract.
The CONTRACTOR and his or her employees or agents performing under this Contract are not
employees or agents of the WTSC. The CONTRACTOR will not hold himself/herself out as or
claim to be an officer or employee of the WTSC or of the state of Washington by reason hereof,
nor will the CONTRACTOR make any claim of right, privilege, or benefit that would accrue to
such employee under law. Conduct and control of the work will be solely with the
CONTRACTOR.
18. INSURANCE COVERAGE
18.1. The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial
Insurance, if required by law.
18.2. If the CONTRACTOR is not required to maintain insurance in accordance with Title 51
RCW, prior to the start of any performance of work under this Contract, the CONTRACTOR
shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private
property liability insurance, or commercial property liability insurance), as determined
appropriate by WTSC, which protects the CONTRACTOR and WTSC from risks associated with
executing the SOW associated with this Contract.
19. LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing,
accreditation, and registration requirements/standards necessary for the performance of this
Contract. The CONTRACTOR shall complete registration with the Washington State
Department of Revenue, if required, and be responsible for payment of all taxes due on
payments made under this Contract.
20. OVERPAYMENTS AND ASSERTION OF LIEN
In the event that the WTSC determines that overpayments or erroneous payments were made
to the CONTRACTOR under this Contract, the WTSC may secure repayment plus interest, if
any, through the filing of a lien against the CONTRACTOR's real property or by requiring the
posting of a bond, assignment of deposit, or some other form of security acceptable to the
WTSC, or by doing both.
21. PRIVACY
21.1. Personal information including, but not limited to, "Protected Health Information," collected,
used, or acquired in connection with this Contract shall be protected against unauthorized use,
disclosure, modification, or loss. CONTRACTOR shall ensure its directors, officers, employees,
sub-contractors, or agents use personal information solely for the purposes of accomplishing
the services set forth herein. CONTRACTOR agrees not to, and will ensure that its sub-
contractor's do not, release, divulge, publish, transfer, sell, or otherwise make known to
unauthorized persons personal information without the express written consent of the WTSC, or
as otherwise required by law, including as required under RCW 42.56 Public Records Act.
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21.2. Any breach of this section may result in termination of the Contract and the demand for
return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless
the WTSC for any damages related to the CONTRACTOR'S unauthorized use of personal
information.
22. PUBLICITY
The CONTRACTOR agrees to submit to the WTSC all advertising and publicity matters relating
to this Contract wherein the WTSC's name is mentioned or language used from which the
connection of the WTSC'S name may, in the WTSC'S judgment, be inferred or implied. The
CONTRACTOR agrees not to publish or use such advertising and publicity matters without the
prior written consent of the WTSC.
23. RECORDS MAINTENANCE
23.1. During the term of this Contract and for six years thereafter, the CONTRACTOR shall
maintain books, records, documents, and other evidence that sufficiently and properly reflect all
direct and indirect costs expended in the performance of the services described herein. These
records shall be subject to inspection, review, or audit by authorized personnel of the WTSC,
the Office of the State Auditor, and federal officials so authorized by law. All books, records,
documents, and other material relevant to this Contract will be retained for six years after
expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized
representatives shall have full access and the right to examine any of these materials during this
period.
23.2. If any litigation, claim, or audit is started before the expiration of the six-year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
24. RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Contract. The CONTRACTOR shall make available
information necessary for WTSC to comply with the right to access, amend, and receive an
accounting of disclosures of their Personal Information according to the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised
pursuant to the HIPAA provisions and applicable provisions of Washington State law. The
CONTRACTOR shall upon request make available to the WTSC and the U.S. Secretary of the
Department of Health and Human Services all internal policies and procedures, books, and
records relating to the safeguarding, use, and disclosure of Personal Information obtained or
used as a result of this Contract.
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25. RIGHTS IN DATA
25.1. WTSC and CONTRACTOR agree that all data and work products (collectively called
"Work Product") pursuant to this Contract shall be considered works made for hire under the
U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington.Work
Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books,
magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs,
plans, diagrams, drawings, software, and/or databases to the extent provided by law.
Ownership includes the right to copyright, register the copyright, distribute, prepare derivative
works, publicly perform, publicly display, and the ability to otherwise use and transfer these
rights.
25.2. If for any reason the Work Product would not be considered a work made for hire under
applicable law, the CONTRACTOR assigns and transfers to WTSC the entire right, title, and
interest in and to all rights in the Work Product and any registrations and copyright applications
relating thereto and any renewals and extensions thereof.
25.3. For Work Product delivered under the Contract that incorporates pre-existing materials not
produced under the Contract, CONTRACTOR hereby grants to the WTSC a nonexclusive,
royalty-free, irrevocable license in such materials to translate, reproduce, distribute, prepare
derivative works, publicly perform, publicly display, sub-license to others, and otherwise use
such materials. The CONTRACTOR warrants and represents that CONTRACTOR has all rights
and permissions, including intellectual property rights, moral rights, and rights of publicity,
necessary to grant such a license to the WTSC. The WTSC shall have the right to modify or
remove any restrictive markings placed upon the data by the CONTRACTOR.
25.4. The CONTRACTOR shall provide WTSC prompt written notice of each notice or claim of
infringement received by the CONTRACTOR with respect to any Work product delivered under
this Contract.
25.5. The CONTRACTOR may publish, at its own expense, the results of project activities
without prior review by the WTSC, provided that any publications, including written, visual, or
sound, contain acknowledgment of the support provided by NHTSA and the WTSC. The
CONTRACTOR shall disclose any discovery or invention derived from work performed under
this project within a reasonable time after it is made to the WTSC, who will determine through
NHTSA whether NHTSA or WTSC will seek patent protections pursuant to Title 35 USC, how
any rights will be administered, and other actions required to protect the public interest.
26. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Contract and prior to completion of the SOW under this
Contract, the WTSC may terminate the Contract under the "TERMINATION FOR
CONVENIENCE" clause,without the 30-day notice requirement. The Contract is then subject to
renegotiation at the WTSC's discretion under any new funding limitations or conditions.
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27. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Contract which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this Contract, and to this end the provisions of
this Contract are declared to be severable.
28. SITE SECURITY
While on WTSC premises, the CONTRACTOR, its agents, employees, or sub-contractors shall
conform in all respects with all WTSC physical, fire, or other security policies or applicable
regulations.
29. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other
such expenses for the CONTRACTOR or its staff shall be the sole responsibility of the
CONTRACTOR.
30. TERMINATION FOR CAUSE
If the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this
Contract or violates any of these terms and conditions, the WTSC will give the CONTRACTOR
written notice of such failure or violation, and may terminate this Contract immediately. At the
WTSC's discretion, the CONTRACTOR may be given 15 days to correct the violation or failure.
In the event that the CONTRACTOR is given the opportunity to correct the violation and the
violation is not corrected within the 15-day period, this Contract may be terminated at the end of
that period'by written notice of the WTSC.
31. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, either Party may terminate this Contract, without
cause or reason, with 30 days written notice to the other Party. If this Contract is so terminated,
the WTSC shall be liable only for payment required under the terms of this Contract for services
rendered or goods delivered prior to the effective date of termination.
32. TERMINATION PROCEDURES
32.1. Upon termination of this Contract, the WTSC, in addition to any other rights provided in
this Contract, may require the CONTRACTOR to deliver to the WTSC any property specifically
produced or acquired for the performance of such part of this Contract as has been terminated.
The provisions of the "TREATMENT OF ASSETS" clause shall apply in such property transfer.
32.2. The WTSC shall pay the CONTRACTOR the agreed-upon price, if separately stated, for
completed work and services accepted by the WTSC, and the amount agreed upon by the
CONTRACTOR and the WTSC for(i) completed work and services for which no separate price
is stated, (ii) partially completed work and services, if appropriate, (iii) other property or services
that are accepted by the WTSC, and (iv) the protection and preservation of property, unless the
termination is for default or for cause, in which case the AGENT shall determine the extent of
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the liability of the WTSC. Failure to agree with such determination shall be a dispute within the
meaning of the "DISPUTES" clause of this Contract. The WTSC may withhold from any
amounts due the CONTRACTOR such sum as the AGENT determines to be necessary to
protect the WTSC against potential loss or liability.
32.3. The rights and remedies of the WTSC provided in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law or under this Contract.
32.4. After receipt of a notice of termination, and except as otherwise directed by the AGENT,
the CONTRACTOR shall:
32.4.1. Stop work under the Contract on the date, and to the extent specified, in the notice.
32.4.2. Place no further orders or sub-contracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Contract that is not
terminated.
34.4.3. Assign to the WTSC, in the manner, at the times, and to the extent directed by the
AGENT, all of the rights, title, and interest of the CONTRACTOR under the orders and sub-
contracts so terminated, in which case the WTSC has the right, at its discretion, to settle or pay
any or all claims arising out of the termination of such orders and sub-contracts.
32.4.4. Resolve all outstanding liabilities and all claims arising out of such termination of orders
and sub-contracts, with the approval or ratification of the AGENT to the extent AGENT may
require, which approval or ratification shall be final for all the purposes of this clause.
32.4.5. Transfer title to the WTSC and deliver in the manner, at the times, and to the extent
directed by the AGENT any property which, if the Contract had been completed, would have
been required to be furnished to the WTSC.
32.4.6. Complete performance of any such part of the work as shall not have been terminated
by the AGENT.
32.4.7. Take such action as may be necessary, or as the AGENT may direct, for the protection
and preservation of the property related to this Contract, which is in the possession of the
CONTRACTOR and in which the WTSC has or may acquire an interest.
33. TREATMENT OF ASSETS
33.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all
property furnished by the CONTRACTOR for the cost of which the CONTRACTOR is entitled to
be reimbursed as a direct item of cost under this Contract shall pass to and vest in the WTSC
upon delivery of such property by the CONTRACTOR. Title to other property, the cost of which
is reimbursable to the CONTRACTOR under this Contract, shall pass to and vest in the WTSC
upon (i) issuance for use of such property in the performance of this Contract, or(ii)
commencement of use of such property in the performance of this Contract, or (iii)
reimbursement of the cost thereof by fhe WTSC in whole or in part, whichever first occurs.
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33.2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise
provided herein or approved by the WTSC, be used only for the performance of this Contract.
33.3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC
which results from the negligence of the CONTRACTOR or which results from the failure on the
part of the CONTRACTOR to maintain and administer that property in accordance with sound
management practices.
33.4. If any WTSC property is lost, destroyed, or damaged, the CONTRACTOR shall
immediately notify the WTSC and shall take all reasonable steps to protect the property from
further damage.
33.5. The CONTRACTOR shall surrender to the WTSC all property of the WTSC upon
completion, termination, or cancellation of this Contract.
33.6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR's
employees, agents, or sub-contractors.
34. WAIVER
A failure by either Party to exercise its rights under this Contract shall not preclude that Party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Contract.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 CFR PART 1300 APPENDIX A):
35. BUY AMERICA ACT
The CONTRACTOR will comply with the Buy America requirement(23 U.S.C. 313) when
purchasing items using federal funds. Buy America requires the CONTRACTOR to purchase
only steel, iron, and manufactured products produced in the United States, unless the Secretary
of Transportation determines that such domestically produced items would be inconsistent with
the public interest, that such materials are not reasonably available and of a satisfactory quality,
or that inclusion of domestic materials will increase the cost of the overall project contract by
more than 25 percent. In order to use federal funds to purchase foreign produced items, the
WTSC must submit a waiver request that provides an adequate basis and justification, and
which is approved by the Secretary of Transportation.
36. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
36.1. By signing this Contract, the CONTRACTOR (hereinafter in this section referred to as the
"lower tier participant") is providing the certification set out below and agrees to comply with the
requirements of 2 CFR part 180 and 23 CFR part 1300.
36.2. The certification in this section is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
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36.3.The lower tier participant shall provide immediate written notice to the WTSC if at any time
the lower tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
36.4. The 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 180.
36.5. The lower tier participant agrees by signing this Contract that it shall not knowingly enter
into any lower tier covered transaction with a person who is proposed for debarment under 48
CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by NHTSA.
36.6. The lower tier participant further agrees by signing this Contract that it will include the
clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction,"without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part
180 and 23 CFR part 1300.
36.7. 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.
36.8. 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.
36.9. Except for transactions authorized under paragraph 36.5. 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, the department or agency
with which this transaction originated may disallow costs, annul or terminate the transaction,
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions
36.10. The lower tier participant certifies, by signing this Contract, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department or agency.
36.11.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 Contract.
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37. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
37.1. The CONTRACTOR shall:
37.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace, and
shall specify the actions that will be taken against employees for violation of such prohibition.
37.1.2. Establish a drug-free awareness program to inform employees about the dangers of
drug abuse in the workplace; the CONTRACTOR'S policy of maintaining a drug-free workplace;
any available drug counseling, rehabilitation, and employee assistance programs; and the
penalties that may be imposed upon employees for drug violations occurring in the workplace.
37.1.3. Make it a requirement that each employee engaged in the performance of the grant be
given a copy of the statement required by paragraph 37.1.1. of this section.
37.1.4. Notify the employee in the statement required by paragraph 37.1.1. 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.
37.1.5. Take one of the following actions within 30 days of receiving notice under paragraph
37.1.3. of this section, with respect to any employee who is so convicted: take appropriate
personnel action against such an employee, up to and including termination, and/or require
such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency.
37.1.6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of all of the paragraphs above.
38. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names
and total compensation of the five most highly compensated officers of the entity, if the entity in
the preceding fiscal year received 80 percent or more of its annual gross revenues in federal
awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the
public does not have access to information about the compensation of the senior executives of
the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange
Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
39. FEDERAL LOBBYING
39.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
39.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement.
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39.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report
Lobbying, in accordance with its instructions.
39.1.3. The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and
contracts under grant, loans, and cooperative agreements), and that all sub-recipients shall
certify and disclose accordingly.
39.2. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
40. NONDISCRIMINATION
40.1. During the performance of this Contract, the CONTRACTOR agrees:
40.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended
from time to time.
40.1.2. 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.
40.1.3. To permit access to its books, records, accounts, other sources of information, and its
facilities as required by the WTSC, US DOT, or NHTSA.
40.1.4. That, in the event a contractor/funding recipient fails to comply with any
nondiscrimination provisions in this Contract, the WTSC will have the right to impose such
contract sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the CONTRACTOR under the Contract until the CONTRACTOR
complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in
whole or in part.
40.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement
and in every solicitation for a sub-contract or sub-agreement that receives federal funds under
this program.
41. POLITICAL ACTIVITY(HATCH ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which
limit the political activities of employees whose principal employment activities are funded in
whole or in part with federal funds.
42. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The CONTRACTOR will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists. This Contract does not
include any aspects or elements of helmet usage or checkpoints, and so fully complies with this
requirement.
15
43. STATE LOBBYING
None of the funds under this Contract 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.
44. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursements regarding this Contract:
The Contact for the SUB-RECIPIENT is: The Contact for WTSC is:
UrSeottS=1m JOno't'han Lake/ Scott Waller
fist S 1 akey Q swaller(a�wtsc.wa.gov
509.4
spoke,n e v a11 cy,0tpi 360-725-9885
609r10 - 5°Li10
45. AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Agreement and bind
their respective agencies or entities to the obligations set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY SPOKANE VALLEY POLICE DEPARTMENT
Name: ,feflethan-6akey IUI p, r r hO V
Title: Aecemptari# ttclget-Afraiyst C i l-y M G n G ci e-r-
Email: ' M Ce-,) hovn Q. 5poko,n e Vel)
WAS ON TR FIC SAFETY COMMISSION
.06
Name : Pam Pannkuk
Title : Deputy Director
Email : ppannkuk@wtsc.wa.gov
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SUBGRANTOR: CITY OF SPOKANE VALLEY
SUBGRANTEE: SPOKANE COUNTY
I hereby declare that overtime hours will be worked by employees of the Spokane County
Sheriff's Office during the time frame of October 1, 2017 to September 30, 2018 and are
appropriately chargeable to the City of Spokane Valley as part of the Washington Traffic Safety
Commission (WTSC) funds for Target Zero Pedestrian Safety Zones as set forth in the attached
Interagency Agreement between Spokane Valley Police Department and WTSC. These are
federal grant funds to be used solely to fund emphasis patrols for targeted, enhanced benefit for
communities.
Spokane County holds the City of Spokane Valley harmless for any and all damages that may
result from the acceptance of these funds. Spokane County also agrees to abide by all terms and
conditions set forth in the attached grant agreement from the WTSC. Spokane County also
understands that it may receive an audit in accordance with 2 CFR Part 200 and the conditions of
WTSC grant placed on the City of Spokane Valley.
The parties acknowledge that the services provided under this grant are supplemental to those
identified and contracted for in the Interlocal Agreement for Costs Incidental to Law
Enforcement Services in the City of Spokane Valley, executed by the parties on August 18, 2010
under Spokane County Resolution No. 10-0717.
Signed by (City of Spokane Valley): ae: l2
/ Dat
e: 512(47
Vim, 47
Signed by(Spokane County): Date: 1--?lam-