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2025-02-18 Council Committee B PacketAgenda Edmonds City Council COUNCIL COMMITTEE B CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 FEBRUARY 18, 2025, 3:00 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: JENNA NAND (CHAIR), CHRIS ECK, VIVIAN OLSON, COUNCIL PRESIDENT (EX-OFFICIO MEMBER) 1. CALL TO ORDER 2. COMMITTEE BUSINESS 1. Security Access Agreement (An MOU Between the Edmonds School District (ESD) and Edmonds Police Department (EPD) for Camera Access for Emergent Safety Reasons) (5 min) 2. Limited Staff Services Agreement with City of Everett for Social Worker Supervision (5 min) 3. AWC — Alternate Response Team Grant Amendment (5 min) 4. Pedestrian/Bicycle Safety Inter -Local Agreement with WA Traffic Safety Commission (10 min) ADJOURNMENT 4:30 PM Edmonds City Council Agenda February 18, 2025 Page 1 2.1 City Council Agenda Item Meeting Date: 02/18/2025 Security Access Agreement (An MOU Between the Edmonds School District (ESD) and Edmonds Police Department (EPD) for Camera Access for Emergent Safety Reasons) Staff Lead: Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Purpose The Edmonds School District has multiple cameras located throughout their properties and facilities. Should a serious event occur, Edmonds Police would have access to this video feed for emergent and safety reasons. ESD policy requires this MOU for EPD to get access to this video source. Background/History This is a renewal of previous agreements for the same purpose. The Edmonds School District has agreed under the attached MOU to allow our staff to have access to school district security video in the event of emergencies. Our hope is that we never need to access the video under these conditions, however should the need arise, having this MOU in place grants us the rights necessary to access the video feed(s) without delay. This is an additional - and important - tool being added to our arsenal in the event school district properties or facilities are targeted by criminal activity. The safety and security of Edmonds School District students, staff, and property is one of our highest priorities. Leveraging as many resources as possible in advance better prepares our officers to achieve this goal. Access to the video stream(s) would only be used under emergent reason and per the conditions set forth in this MOU. Proper documentation of each is also a requirement. There is no cost to the city thus no budget impact. Sharon Cates approved the attached MOU as to form on 11/21/24. The contract was revised to include clear language on the expiration date of the MOU by Ms. Cates on 1/23/25. The School District approved the revised language on 1/28/25. The School District will submit the contract to the School Board after it is approved by Council and signed by the Police Chief. Staff Recommendation Staff is asking Council authorize the Police Chief to sign the MOU with the Edmonds School District for security camera access by Edmonds Police Personnel. Narrative Attachments: MOU ESD and EPD Security Camera Access for Emergent Safety Reasons 2 Packet Pg. 2 2.1.a SECURITY ACCESS AGREEMENT This SECURITY ACCESS AGREEMENT (this "Agreement") is made and entered into as of January 1, 2025 by and between the SCHOOL BOARD OF THE EDMONDS SCHOOL DISTRICT (the "School Board"), and the EDMONDS POLICE DEPARTMENT (the "EPD" or "Agency", together with the School Board, the "Parties", and each a "Pat "). RECITALS WHEREAS, the School Board recognizes the importance of ensuring the safety and `L security of students and faculty at its schools; and w 0 WHEREAS, the Parkland Commission found that police should have direct access to w schools' live feed video surveillance; and 5 3 WHEREAS, the EPD believes that direct access to video surveillance will improve its situational awareness and tactical response to an emergency within the schools and 2 facilities of the School District in which the School District has active video surveillance equipment; and WHEREAS, both the School Board and the EPD recognize the need to establish a protocol for appropriate access to school surveillance; and WHEREAS, the School Board and the EPD desire to enter into this Agreement in order to provide the EPD with access to live school surveillance video when necessary to further the purposes specified herein. NOW, THEREFORE, BE IT RESOLVED THAT, the School Board and the EPD agree to the following: I. INCORPORATION OF RECITALS The recitals set forth above are hereby incorporated herein by reference as if set forth in full in the body of this Agreement. II. PURPOSE Pursuant to the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232(g); 34 CFR Part 99) ("FERPA"), and to the extent the Washington State Public Records Act, RCW Chapter 42.56 (the "Act"), applies to this Agreement, the Washington Supreme Court and the Court of Appeals have found that surveillance footage of students is a public record that is not exempt from disclosure under the Act (see Lindeman v. Kelso School District No. 458, 162 Wn.2d 196 (2007) and Does v. King County, 192 Wn. App. 10 (2015 Div. 1)). III. PROTOCOL a. Access to Surveillance Video Packet Pg. 3 2.1.a The Parties acknowledge and agree that school surveillance video is generally a confidential record that is not to be disclosed except in accordance with applicable law. The Parties recognize that they are permitted to share otherwise confidential records with each other for the limited purposes of ensuring student access to appropriate services and for the safety of students, faculty, and others. Any and all access by the EPD to the School Board's surveillance video system (the "System") shall be in furtherance of these purposes. Access to the System requires a unique account ("Agency Account"), which shall be assigned to an EPD Agency Representative. Login information for the Agency Account may be shared with EPD personnel at the discretion of the Agency Representative. The System may be accessed remotely by EPD personnel via software approved by the School Board. Any person who is permitted access to the Agency Account shall be subject to the provisions of this Agreement and the protocols and procedures set forth herein. b. School Board Duties The School Board shall provide the EPD Agency Representative with an Agency Account via surveillance software that shall be determined by the School Board in consultation with the EPD. The School Board shall maintain the Agency Account to ensure the EPD has access. The School Board shall communicate, collaborate, and coordinate its efforts with the EPD to ensure the safety of its schools. c. EPD Duties Authorized Access: As set forth above, any access to the System must be in furtherance of ensuring safety and emergency response of police personnel. Any use of the System for other purposes without the express written authorization of the School Board is specifically prohibited. All EPD personnel who are given access to the Agency Account shall be instructed on the purposes for which access is authorized. Record of Access: The EPD shall maintain a record (the "Record") which indicates the name of any personnel, individual, or external organization that requests and is allowed access to the Agency Account. At a minimum, the Record shall include the following: (1) Name or User ID of the person who accessed the Agency Account; (2) the date and time at which the Agency Account was accessed; (3) a brief statement indicating the purpose for which the Agency Account was accessed. The Record produced pursuant to this provision shall be provided to the School Board on a semi- annual basis or upon request by the School Board or its authorized designee. This provision shall not be construed so as to require the EPD to create the Record prior to, or in conjunction with, each instance of access to the Agency Account, but shall require the EPD to produce a complete copy of the Record semi-annually or upon request by the School Board, as set forth above. Maintaining Confidentiality: The EPD shall use commercially reasonable efforts to ensure that the confidentiality of school surveillance video is maintained to the greatest Packet Pg. 4 2.1.a extent possible. All School District personnel who are granted access to the Agency Account must abide by the policies and procedures set forth by the EPD to maintain the confidentiality of any and all surveillance video accessed via the Agency Account. The Police Department will not distribute, share, or provide copies of any School District video to any party except as legally required by the Act, warrant or subpoena. d. Penalties The Parties recognize that unauthorized access to the System or disclosure of the confidential materials contained therein will cause irreparable harm to the School Board. Accordingly, the Parties agree that the School Board shall have the right to seek immediate termination of System access granted to any EPD personnel who is discovered to have accessed the Agency Account for an unauthorized purpose. IV. TERM The initial term of this Agreement (the "Initial Term") shall commence on January 1, 2025 and shall continue for one (1) calendar year, with the intent that it will automatically renew every twelve (12) months thereafter for a total of no more than five (5) years, expiring no later than December 31, 2029 (the "Expiration Date"). This Agreement may be earlier terminated by either party by providing the other party with written notice of its intent to terminate at least thirty (30) days prior to the end of any such 12-month period. In the event Either party gives the other party written notice of its intent to terminate, this Agreement shall expire on the last day of such thirty (30) day period. V. INDEMNITY To the extent permitted by Washington law, the EPD agrees to indemnify, defend, and hold harmless the School Board. its officers, staff, employees and agents, against any and all claims, suits, damages, and causes of action arising out of the EPD's use of the System and Agency Account pursuant to this Agreement, including but not limited to, access of the Agency Account by EPD personnel for reasons not authorized under this Agreement. VI. NOTICE All notices required by this Agreement, unless otherwise provided herein, by either Parry to the other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or by Federal Express or Express mail, and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, postage prepaid, addressed as follows: School Board of Edmonds School District Attn: Superintendent Edmonds School District 20420 68th Avenue W Lynnwood, WA 98036 Edmonds Police Department Attn: Chief of Police Edmonds Police Department 250 Fifth Avenue N Edmonds, WA 98020 Packet Pg. 5 2.1.a VII. COMPLIANCE WITH APPLICABLE LAWS It is the intent of the Parties that this Agreement will comply with all applicable laws and regulations that might pertain to it. Should the validity of this Agreement be challenged at any point by a relevant authority, the Parties may engage in a declaratory action to seek guidance from the Courts on this issue. The Parties shall be bound by the Court's decision in a declaratory action brought by either Party pursuant to this section. VIIL SEVERABILITY The Parties recognize and agree that should any clause(s) herein be held invalid by a court of y competent jurisdiction, the remaining clauses shall not be affected and shall remain in full force w and effect. 5 3 IX. COUNTERPARTS 0 This Agreement may be executed in one or more counterparts, all of which together shall constitute only one agreement. X. WAIVER A waiver by either Party of a breach or failure to perform hereunder shall not constitute a waiver of any subsequent breach or failure to perform. Any waiver of any requirement provided for by this Agreement does not relieve the EPD of the obligations contained in the indemnification provision of this Agreement. XI. CAPTIONS The captions contained herein are used solely for convenience and shall not be deemed to define or limit the provisions of this Agreement. XII. ENTIRE AGREEMENT The Parties hereto agree that this Agreement supersedes any and all prior agreements and/or assurances, whether oral or in writing. XIII. GOVERNING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Washington. Any dispute arising hereunder is subject to the laws of Washington, venue in Snohomish County, Washington. The prevailing Parry shall be entitled to reasonable attorney's fees and costs incurred as a result of any action or proceeding under this Agreement. Signature pages follow: Packet Pg. 6 2.1.a EDMONDS SCHOOL DISTRICT Rebecca Miner, Superintendent Dated: Approved as to Form: Attorney for Edmonds School District STATE OF WASHINGTON ) ss COUNTY OF ) On this day of , 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Rebecca Miner, Edmonds School District Superintendent, to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: c ca w t 3 0 2 Packet Pg. 7 2.1.a EDMONDS POLICE DEPARTMENT Rod Sniffen, Chief of Police Dated: Approved as to Form: Office of the City Attorney STATE OF WASHINGTON ) ss COUNTY OF SNOHOMISH ) On this day of , 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Michelle Bennett, Edmonds Chief of Police, to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: c ca w t 3 0 2 Packet Pg. 8 2.2 City Council Agenda Item Meeting Date: 02/18/2025 Limited Staff Services Agreement with City of Everett for Social Worker Supervision Staff Lead: Chief Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History Licensed Social Workers (LICSW) have a requirement of clinical supervision by a more qualified person in the field (usually a Masters -level SW or higher with experience). This requirement is a best practice and quality assurance for services they provide. Our embedded social worker — Erin Nathan — is not licensed so we are not required under LICSW guidelines to provide clinical supervision, however the grant we are using to fund this position does require it. Previously, we had a professional services agreement with Wendy Warman; a private, practicing, social worker that possessed the necessary credentials and experience to provide clinical oversight. Warman worked with Erin for several months. That agreement expired 12/31/24 and Ms. Warman declined to renew. Moving forward, the City of Everett has agreed to provide clinical supervision through a Limited Staff Services Agreement. The city of Everett has a robust social worker program where they employ a supervisor and 5 LICSWs that do field work. Under this agreement, Everett's supervising social worker will meet with Erin monthly for 2 hours satisfying the supervision requirement of the grant. Everett's SW Supervisor — Kelly Rourke — has the necessary credentials and experience to perform this work. As clinical supervision is a frequent requirement for grants in this discipline, this agreement provides the continuum for further grant opportunities. Having this clinical supervision in place also fulfills a needed requirement for the city's liability insurance through WCIA. The cost for Ms. Rourke's services is approximately $94.00/hour which includes all salary and benefits paid to her by the City of Everett. The WA OFM current, per -mile vehicle reimbursement rate is $.70 per mile. The recognized distance between our two cities is 18 miles (36 round trip) for a total vehicle cost of $25.20 per visit (unless we have Erin go to Everett). We will be billed for actual payroll costs (which can vary slightly) and vehicle costs as stated in the compensation section of the agreement. The anticipated two (2) hours per month will be all that is necessary. These supervision costs can be billed to the grant we are using for this program, which expires on July 1, 2025. Sharon Cates approved the agreement as to form on 1/27/25. Staff Recommendation Staff recommends the Council approve the Mayor to sign the Limited Staff Services Agreement with the City of Everett for Social Worker clinical supervision. Narrative Packet Pg. 9 2.2 Purpose Social Worker oversight is required under the grant we have that pays for our embedded social worker — Erin Nathan. Attachments: Limited Staff Services Agreement Everett CD- Edmonds PD- DRAFT Packet Pg. 10 2.2.a 0 EVERETT ;,!% LIMITED STAFF SERVICES AGREEMENT This Limited Staff Services Agreement ("Agreement") is effective as of the date of last signature below, and is between the City of Everett, a Washington municipal corporation ("Everett"), and the agency identified below ("Agency"). In consideration of the covenants, terms and conditions set forth below, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Everett and Agency agree as set forth below: 1. BASIC PROVISIONS Agency City of Edmonds Police Department 250 Fifth Avenue N, Edmonds WA 98020 tfllef HVt21ILy LILY, Male, lip Agency Assistant Police Chief Loi Dawkins Project Manager: Loi.Dawkins@edmondswa.gov Start Date February 1, 2025 End Date January 31, 2026 Staff Position to Community Support Manager/ Social Work Supervisor be Provided by Everett to Agency Approximate 2 hours per month Hours Required Description of Provide clinical supervision to one (1) social worker employed by the Services Edmonds Police Department. Kelli Roark City of Everett Everett Project Manager 2930 Wetmore Ave, Suite 8A Everett, WA 98201 kroark@everettwa.gov Packet Pg. 11 2.2.a Compensation 0 Standard to Everett (must Agency will pay Everett for labor costs on an hourly basis based select one) on actual Everett payroll costs for the Everett staff person provided, including wages and benefits. In addition, Agency will pay the standard Everett vehicle costs based on hours/miles driven for services. These vehicle costs will be based on the Washington State Office of Financial Management mileage reimbursement rate. ❑ custom Enter description of custom compensation arrangement 2. PURPOSE AND TERM. The purpose of this Agreement is to allow an Everett staff member to provide limited services to another agency. The term of this Agreement starts on the Start Date in the Basic Provisions and ends on the End Date in the Basic Provisions. Either party may terminate this Agreement effective on written notice to the other, in which case Agency will pay Everett for services rendered to date of termination. 3. SERVICES. Everett will provide the staff position/person identified in the Basic Provisions to Agency for services as stated in the Basic Provisions. Schedule and hours will be as determined by the Everett Project Manager and the Agency Project Manager. Schedule and hours of services are always dependent on availability and subject to the Everett Project Manager's discretion. 4. INVOICES. Unless the Everett Project Manager and the Agency Project Manager determine a different invoice schedule, Everett will submit monthly invoices to Agency. Agency shall pay within thirty (30) days of receipt of an invoice. 5. RELEASE. Everett makes no promises, representations or guarantees to Agency that services to be provided by Everett under this Agreement are sufficient or appropriate for Agency. Everett provides the services absolutely without warranty of any kind. Agency remains solely responsible for its own mission, for continuously evaluating the Everett services, and for determining whether the services actually assist Agency. In its evaluations, Agency may always consider providing its services and terminating this Agreement. Agency acknowledges that paying the compensation provided in the Basic Provisions does not compensate Everett for assuming legal risk associated with services. Accordingly, if Everett fails for any reason to provide the services or fails to properly provide such services, Agency's exclusive remedy is termination of this Agreement, and, as appropriate, refunding of amounts paid by Agency for the services. Except for this exclusive remedy, Agency hereby waives and releases all claims of any kind whatsoever against the Everett (and the Everett's officers, employees, and agents) with respect to services provided under this Agreement, including without limitation all claims arising from any negligence or any other shortcoming or other failure to provide the services. This release survives termination or expiration of this Agreement. 6. PERSONNEL. All Everett employees rendering services hereunder shall be considered employees of Everett for all purposes and shall at all times be agents or employees Packet Pg. 12 2.2.a of Everett and shall not be considered for any purpose under this Agreement to be an agent or employee of the Agency. Everett shall control the conduct of personnel, including standards of performance, discipline and all other aspect of performance. 7. OTHER PROVISIONS/SIGNATURE. This is the entire agreement of the parties regarding the subject matter of this Agreement and supersedes any other agreement, written or oral. No amendment of this Agreement is effective unless in writing and signed by both parties, with the Mayor signing for Everett and an Agency -authorized representative signing for the Agency. Notices to the parties must be to the project managers in the Basic Provisions. AdobeSign signatures are fully binding. AGENCY: CITY OF EDMONDS POLICE DEPARTMENT Signature: Name of Signer: Title of Signer: CITY OF EVERETT: Cassie Franklin, Mayor Attest: Office of the City Clerk - APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY JANUARY 30, 2024 EVERETT Packet Pg. 13 2.3 City Council Agenda Item Meeting Date: 02/18/2025 AWC — Alternate Response Team Grant Amendment Staff Lead: Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History Our community social worker position was converted from part-time to a limited, full-time position by council consent on Nov 26, 2024. The position so far in 2025 is being funded solely through grant funds with local funds being identified for use when grant funds are exhausted . The Police Department applied for and received an Association of Washington Cities (AWC) grant on July 1, 2024. The Alternative Response Team Grant or ARTG is how it is referred to. The ARTG funds were used to pay for the social worker position through 2024 and continues into 2025. AWC has now offered to provide additional funds to our current agreement. This will extend the time for which grant funds will cover our social worker. The amendment adds $49,000 additional money making the total grant award $100,000 (up from the original $51,000). The performance period for this grant began on July 1, 2024 and runs through June 30, 2025. As of 1/31/25 and including the additional funds, we will have $66,936.34 remaining to use. We are estimating $10,000 per month for salary and benefits, so we will be able to use the grant fully through 6/30/25. The additional funding will decrease when local funds will be necessary and the amount of local funding needed in 2025. The required clinical supervision costs will also come out of grant funds. We continue to seek out and apply for grant funding as a key source for our social worker program, only using local funds to fill the gaps. Sharon Cates approved the amendment as to form on 1/27/25. The original contract is attached for reference. Staff Recommendation Staff recommends Council approve the Mayor to sign the ARTG (Grant) Agreement - Amendment A Narrative Purpose Amend the ART24-05 (Grant) which provides funding our community social worker program. The grant program is offering us an additional $49,000 in funding. Attachments: 24-05 ARTG Edmonds Packet Pg. 14 2.3 Amendment A 24-05 Edmonds DRAFT 020625 Packet Pg. 15 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 2.3.a Association of Washington Cities Grant ("Grant") with City of Edmonds through The Alternative Response Team Grant. A program funded through the Washington State Operating Budget For Jurisdiction name City of Edmonds Program description Embedded social worker with the Edmonds Police Department Start date: End date: July 1, 2024 June 30, 2025 Packet Pg. 16 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Face sheet Grant Number: ART24-05 Association of Washington Cities (AWC) Alternative Response Team Grant (ARTG) Senate Bill 5187, Section 215-69a went into effect on July 1, 2023. The purpose of this grant is to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. AWC has determined that entering into a Contract with the City of Edmonds will meet the goals of these funds. 1. Grantee 2. Grantee doing business as (optional) Agency Name Mailing Address 3. Grantee representative 4. AWC representative Mike Rosen Jacob Ewing 1076 Franklin Street SE Mike Rosen Special Projects Coordinator Olympia, WA (360) 753-4137 98501 Mike.Rosen@EdmondsWa.Gov jacobe@awcnet.org 5. Grant amount 6. Start date 7. End date 8. Tax ID # $51,000 July 1, 2024 June 30, 2025 Insert Tax ID 9. Grant purpose Establish an alternative response team program as described in Attachment A. AWC and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference.. Grantee General Terms and Conditions including Attachment "A" — Scope of Work; Attachment "B" — Budget & Budget Narrative; Attachment "C" — Grantee Data Collection; Attachment (D) — Grantee Agent(s). For grantee For Association of Washington Cities DocuSigned by: IL, r6SU& EA DocuSigned by: vt cUA-.In.A. VaWS61Vt, F 1075SAAA7E9463... Mike Rosen 3305A9D2DFDE4D6... Deanna Dawson Date 6/28/2024 Date 7/1 /2024 Last revision 12/26/2023 0 E w I 0 LO Q I 0 N _ 0 E w a Packet Pg. 17 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Alternative Response Team Grant Grantee Funding Agreement 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the Grant contact person for all communications and billings regarding the performance of this Grant. The Representative for AWC and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. TERM The initial term of the Contract shall be July 1, 2024, and continue through June 30, 2025, unless terminated sooner as provided herein. The term of the contract may be extended by an amendment signed by both parties. 3. PAYMENT AWC shall pay an amount not to exceed $51,000 for the performance of all things necessary for or incidental to the performance of work as set forth in the ARTG Application and described in Attachment A. Grantee's compensation for services rendered shall be based on the completion of duties as outlined in the ARTG application, in Attachment A, in accordance with the following sections. 4. BILLING PROCEDURES AND PAYMENT AWC will reimburse Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for AWC not more often than monthly. Grantee will use the invoice form provided by AWC to request reimbursement. The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Grant Number ART24-05. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. If errors are found in the submitted invoice or supporting documents, AWC will notify the Grantee to make corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and notify AWC. Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. AWC may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by AWC. Duplication of billed costs The Grantee shall not bill AWC for services performed under this Grant, and AWC shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. This does not include fees charged for summer recreation programs. Disallowed costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Grantees. Final reimbursement and reporting deadline When the project is completed, the Grantee must submit a final report and supporting documents needed to close out the project no later than July 31, 2025. AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting from the Grantee has been submitted and verified. Packet Pg. 18 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 2.3.a Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to AWC within thirty (30) calendar days after the Contract expiration date. AWC is under no obligation to pay any claims that are submitted 31 or more calendar days after the Contract expiration date ("Belated Claims"). AWC will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 5. GRANTEE DATA COLLECTION/REPORTING REQUIREMENTS Grantee will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must be provided to AWC along with final billing. 6. AGENT(S) Agent(s) in this contract refers to any third -party entity and its employees that the Grantee has subcontracted with to provide services funded through this agreement. The Grantee is responsible for ensuring that any agent complies with the provision herein. Any of the Grantee's agent(s) that will provide services under this contract must be listed in Attachment D — Grantee Agent(s) and must provide proof of insurance per Section 6 of this document. 7. INSURANCE a. Workers' compensation coverage. The Grantee shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the fullest extent applicable. This requirement includes the purchase of industrial insurance coverage for the Grantee's employees, as may now hereafter be required of an "employer" as defined in Title 51 RCW. Such workers' compensation and occupational disease requirements shall include coverage for all employees of the Grantee, and for all employees of any subcontract retained by the Grantee, suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of this Grant. Satisfaction of these requirements shall include, but shall not be limited to: i. Full participation in any required governmental occupational injury and/or disease insurance program, to the extent participation in such a program is mandatory in any jurisdiction; ii. Purchase workers' compensation and occupational disease insurance benefits to employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under mandatory governmental program in "a" above, and/or; iii. Maintenance of a legally permitted and governmentally approved program of self-insurance for workers' compensation and occupational disease. Except to the extent prohibited by law, the program of the Grantee's compliance with workers' compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees. If the Grantee, or any agent retained by the Grantee, fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws, statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such employees, to obtain coverage for such employees, the Grantee will indemnify AWC for such fines, payment of benefits to Grantee or Grantee employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount owed AWC by the Grantee pursuant to the indemnity may be deducted from any payments owed by AWC to the Grantee for the performance of this Grant. b. Automobile insurance. In the event that services delivered pursuant to this Grant involve the use of vehicles, owned or operated by the Grantee, automobile liability insurance shall be required. The minimum limit for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. Packet Pg. 19 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 2.3.a c. Business automobile insurance. In the event that services performed under this Grant involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Grantee -owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2 "owned autos only" must be secured. If the Grantee's employees' vehicles are used, the Grantee must also include under the Business Automobile policy Code 9, coverage for "non -owned autos." The minimum limits for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. d. Public liability insurance (General liability). The Grantee shall at all times during the term of this Grant, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death, or property damage occurring or arising out of services provided under this Grant. This insurance shall cover such claims as E may be caused by any act, omission, or negligence of the Grantee or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time E to time as deemed necessary by AWC, with the approval of the Grantee (which shall not be a unreasonably withheld), shall not be less than as follows: Each occurrence $1,000,000 a Products -completed operations limit $2,000,000 L Personal and advertising injury limit $1,000,000 E Fire damage limit (any one fire) $ 50,000 e. Local governments that participate in a self-insurance program. Alternatively, Grantees may maintain a program of self-insurance or participate in a property/liability pool with adequate limits to Q comply with the Grant insurance requirements or as is customary to the contractor or Grantee's business, operations/industry, and the performance of its respective obligations under this Grant. f. Additional insured. The Association of Washington Cities, shall be specifically named as an additional Q c insured on all policies, including Public Liability and Business Automobile, except for liability insurance ar on privately -owned vehicles, and all policies shall be primary to any other valid and collectible a Insurance. AWC may waive the requirement to be specially named as an additional insured on policies, including c Public Liability and Business Automobile, provided that the Grantee provides: (1) a description of its .Ea self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and w deductibles. All self -insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance w Program, the Washington State Auditor's reporting requirements and all related federal and state regulations. Grantees participating in a joint risk pool shall maintain sufficient documentation to support �l q the aggregate claim liability information reported on the balance sheet. AWC, its agents, and le employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. g. Proof of insurance. Certificates and or evidence satisfactory to the AWC confirming the existence, terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of Q the Grantee's receipt of Authorization to Proceed. h. General insurance requirements. Grantee shall, at all times during the term of the Grant and at its cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy and maintain the required insurance may result in the termination of the Grant at AWC's option. By requiring insurance herein, AWC does not represent that coverage and limits will be adequate to protect Grantee and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to AWC in this Grant. Packet Pg. 20 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Alternative Response Team Grant Grantee Funding Agreement Grantee shall include all agents of the Grantee as insureds under all required insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply with insurance requirements does not limit Grantee's liability or responsibility. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Grant and Grantee General Terms and Conditions • Attachment A — ARTG Application & Scope of Work • Attachment B — Budget & Budget Narrative • Attachment C — Grantee Reporting Requirements • Attachment D — Grantee Agent(s) Packet Pg. 21 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Alternative Response Team Grant Grantee Funding Agreement GRANTEE GENERAL TERMS AND CONDITIONS 1. Access to data. In compliance with Chapter 39.26 RCW, the Grantee shall provide access to data generated under this Grant to AWC, and to the extent necessary to comply with RCW 39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and methodology for those models. 2. Alterations and amendments. This Grant may be amended only by mutual agreement of the parties in writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the "ADA" 28 CFR Part 35. In relation to this Grant, the Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. Assignment. Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of AWC. 5. Assurances. AWC and the Grantee agree that all activity pursuant to this Grant will be in accordance with all applicable current federal, state and local laws, rules and regulations. 6. Attorney's fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney's fees and costs. 7. Budget revisions. Any monetary amount budgeted by the terms of this Grant for various activities and line; item objects of expenditure, as outlined in Attachment B — Budget & Budget Narrative, may be revised without prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the? original line item amount and the increase in an amount is offset by a decrease in one or more other a amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC. Grantee will use the funding change request form c provided by AWC to request these budget revisions. E w 8. Certification regarding wage violations. The Grantee certifies that within three (3) years prior to the date c71 of execution of this Grant, Grantee has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment al entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, c any provision of RCW chapters 49.46, 49.48, or 49.52. N The Grantee further certifies that it will remain in compliance with these requirements during the term of r this Grant. Grantee will immediately notify AWC of any finding of a willful violation entered by the s Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Grant. Q 9. Change in status. In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Grantee, Grantee agrees to notify AWC of the change. Grantee shall provide notice as soon as practicable, but no later than thirty (30) days after such a change takes effect. 10. Rights in data/ownership. Grantee agree that all data and work products (collectively "Work Product") produced pursuant to the Scope of Work of this Agreement will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA. Grantee is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, Packet Pg. 22 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Alternative Response Team Grant Grantee Funding Agreement recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. If for any reason the Work Product would not be considered a work for hire under applicable law, Grantee assigns and transfers to HCA, 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. Grantee will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. Grantee will not use or in any manner disseminate any Work Product to any third party, or represent in any way Grantee ownership of any Work Product, without the prior written permission of HCA. Grantee will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Material that is delivered under this Agreement, but that does not originate therefrom ("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so Grantee agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Grantee. Grantee must identify all Preexisting Material when it is delivered under this Agreement and must advise HCA of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Grantee must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Grantee with respect to any Preexisting Material delivered under this Agreement. 11. Covenant against contingent fees. The Grantee warrants that no person or selling agent has been employed or retained to solicit or secure this Grant upon an agreement or understanding for a commission, c percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent E maintained by the Grantee for the purpose of securing business. AWC shall have the right, in the event of w breach of this clause by the Grantee, to annul this Grant without liability or, in its discretion, to deduct from 0 the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. QI LO 0 12. Disputes. In the event that a dispute arises under this Grant, the parties will use their best efforts to N amicably resolve any dispute, including use of alternative dispute resolution options. 13. Duplicate payment. AWC shall not pay the Grantee, if the Grantee has charged or will charge the State of c a� s Washington or any other party under any other contract or agreement, for the same services or expenses. Q 14. Entire agreement. This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 15. Ethical conduct. Neither the Grantee nor any employee or agent of the Grantee shall participate in the performance of any duty or service in whole or part under this Grant in violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555, and 41.06.250 prohibiting the use of public resources for political purposes. Packet Pg. 23 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Alternative Response Team Grant Grantee Funding Agreement 16. Governing law and venue. This Grant shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 17. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising out of or resulting from the performance of this Grant. "Claim" as used in this Grant, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Additionally, "'claims" shall include but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or in unlawful restraint of competition. Grantee's obligation to indemnify, defend and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Grantee's or its agent's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, or hold harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents, employees, or officials. Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless AWC, and their agents, employees, or officials. 18. Independent capacity of the grantee. The parties intend that an independent Grantee relationship will be created by this Grant. The Grantee and his/her employees or agents performing under this Grant are not employees or agents of AWC. The Grantee will not hold itself out as nor claim to be an officer or employee of AWC, nor will the Grantee make any claim or right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Grantee. 19. Licensing and accreditation standards. The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary to the performance of this Grant. 20. Limitation of authority. Only AWC or AWC's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by AWC. 21. Non-discrimination. The Grantee shall comply with all the federal and state non-discrimination laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any activity performed by the Grantee and its agents under this Grant. The Grantee shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it under non-discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the event of the Grantee's noncompliance or refusal to comply with this nondiscrimination provision, this Grant may be rescinded, cancelled or terminated in whole or part, and the Grantee may be declared ineligible for further contracts with AWC. 0 E w LO C7 a I 0 4 N r _ a� E s 0 M Q Packet Pg. 24 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Alternative Response Team Grant Grantee Funding Agreement 22.Overpayments. Grantee shall refund to AWC the full amount of any overpayment under this Grant within thirty (30) calendar days of written notice. If Grantee fails to make a prompt refund, AWC may charge Grantee one percent (1 %) per month on the amount due until paid in full. 23. Public disclosure. Grantee acknowledges that AWC is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and AWC acknowledges that the Grantee is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and that this Grant shall be a public record as defined in RCW 42.56. Any specific information that is claimed by either party to be confidential or proprietary must be clearly identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all such information marked confidential or proprietary If a request is made to view such information, the party receiving the public records request will notify the other party of the request and the date that such records will be released to the requester unless the other party obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party receiving the records request will release the requested information on the date specified. 24. Publicity. The Grantee agrees to submit to AWC all advertising and publicity matters relating to this Grant which in the AWC's judgment, AWC's name can be implied or is specifically mentioned. The Grantee agrees not to publish or use such advertising and publicity matters without the prior written consent of AWC. 25. Registration with Department of Revenue. The Grantee shall complete registration with the Department of Revenue and be responsible for payment of all taxes due on payments made under this Grant. 26. Records maintenance. The Grantee shall maintain all books, records, documents, data and other evidence �- relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature; expended in the performance of this Grant. Grantee shall retain such records for a period of six years F following the date of final payment. At no additional cost, these records, including materials generated under? the Grant, shall be subject at all reasonable times to inspection, review or audit by the AWC, personnel duly a authorized by AWC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. c E If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be w retained until all litigation, claims, or audit findings involving the records have been resolved. c71 27. Right of inspection. The Grantee shall provide right of access to its facilities utilized under this Grant to al AWC or any of its officers responsible for executing the terms of this Grant at all reasonable times, in order c to monitor and evaluate performance, compliance, and/or quality assurance under this Grant on behalf of N AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere ; with the Grantee's business or work hereunder. a E 28. Severability. The provisions of this Grant are intended to be severable. If any term or provision is illegal or s invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of Q the Contract. 29. Subcontracting. Neither the Grantee nor any agent of the Grantee shall enter into subcontracts for any of the work contemplated under this Grant without obtaining prior written approval of AWC. Grantee is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Grant are included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or reduce liability of the Grantee to the AWC for any breach in the performance of the Grantee's duties. This clause does not include contracts of employment between the Grantee and personnel assigned to work under this Grant. Packet Pg. 25 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Alternative Response Team Grant Grantee Funding Agreement If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the Grantee is incompetent, AWC shall notify the Grantee, and the Grantee shall take immediate steps to terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the termination of an agent shall not relieve the Grantee of any of its responsibilities under the Grant, nor be the basis for additional charges to AWC. 30. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 31. Technology security requirements. Grantee must ensure that all data and devices used to carry out Program follow all applicable state and federal data privacy and protection requirements. Grantee must ensure that data is properly secured and protected using best practices for security and protection from outside intrusion from parties not associated with the Program. 32. Termination for convenience. Except as otherwise provided in this Grant, AWC may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Grant in whole or in part. The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Grantee as of midnight the second day of mailing in the absence of proof of actual delivery to and receipt by the Grantee. If this Grant is so terminated, AWC shall be liable only for payment required under the terms of the Grant for services rendered or goods delivered prior to the effective date of termination. 33. Termination for default. In the event AWC determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, AWC has the right to suspend or terminate this Grant. AWC shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within thirty (30) days, the Grant may be terminated. AWC reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by AWC to terminate the Contract. In the event of termination, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AWC provided in this Grant are not exclusive and are in addition to any other rights and remedies provided by law. 34. Termination due to funding limitations or contract renegotiation, suspension. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion of this Grant, with the notice specified below and without liability for damages: a. At AWC's discretion, AWC may give written notice of intent to renegotiate the Grant under the revised funding conditions. b. At AWC's discretion, AWC may give written notice to Grantee to suspend performance when AWC determines there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Grantee's performance to be resumed. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When AWC determines that the funding insufficiency is resolved, it will give the Grantee written notice to resume performance, and Grantee shall resume performance. (3) Upon the receipt of notice under b. (2), if Grantee is unable to resume performance of this Grant or if the Grantee's proposed resumption date is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may terminate the Grant by giving written notice to the Grantee. The parties agree that the Grant will be terminated retroactive to the 0 E w LO C7 a I 0 4 N c a� E s 0 Q Packet Pg. 26 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 2.3.a date of the notice of suspension. AWC shall be liable only for payment in accordance with the terms of this Grant for services rendered prior to the retroactive date of termination. c. AWC may immediately terminate this Grant by providing written notice to the Grantee. The termination shall be effective on the date specified in the termination notice. AWC shall be liable only for payment in accordance with the terms of this Grant for services rendered prior to the effective date of termination. No penalty shall accrue to AWC in the event the termination option in this section is exercised. d. For purposes of this section, "written notice" may include email. 35. Termination procedure. Upon termination of this Grant the AWC, in addition to other rights provided in this Grant, may require the Grantee to deliver to AWC 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. The AWC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by AWC and the amount agreed upon by the Grantee and AWC for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services which are accepted by AWC, and (d) the protection and preservation of the property, unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause for this Grant. The AWC may withhold from any amounts due to the Grantee such sum as AWC determines to be necessary to protect AWC against potential loss or liability. The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law under this Grant. After receipt of a notice of termination, and except as otherwise directed by the AWC, the Grantee shall:; a. Stop work under this Grant on the date and to the extent specified, in the notice; F b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary? for completion of such portion of the work under the Grant that is not terminated; a c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and interest of the Grantee under the orders and subcontracts in which case AWC has the right, at its c discretion, to settle or pay any or all claims arising out of the termination of such orders and E subcontracts; LU w d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, t71 with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification shall be final for all the purposes of this clause; al e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, c any property which, if the Grant had been completed, would have been required to be furnished to N AWC; ; f. Complete performance of such part of the work not terminated by AWC; and a g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of s the property related to this Grant which, in is in the possession of the Grantee and in which AWC has or may acquire an interest. Q 36. Waiver. A failure by either part to exercise its rights under this Grant shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by personnel authorized to bind each of the parties. Packet Pg. 27 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a ARTG Application & Scope of Work PURPOSE Attachment A The purpose of this grant is to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. CONTRACTOR RESPONSIBILITIES GRANTEE is required to implement the Alternative Response Team Grant (ARTG) Program as described in their application for funding, with no unapproved substantive derivations. Requests for changes to this scope of work, or services laid out in the applicant's application can be made to Jacob Ewing, Special Projects Coordinator at 0acobe wacities.org. This program shall include the following elements as central features of their program: • Grant recipients must establish a co -responder team using an alternative diversion model including law enforcement assisted diversion program, community assistance referral and education program, or a mobile crisis team. In the event that there is a change in the contract or program management staff paid for by this grant, it is expected that GRANTEE will notify AWC of the change to include the name and contact information for the new staff member. If GRANTEE fails to perform to the standards set forth above, AWC remains able to remedy noncompliance as outlined in the grant document, including provisions for suspension, termination and/or recapture of funds already paid to the grantee. SCOPE & GOALS OF ARTG PROGRAM The Edmonds Police Department will embed a social worker within the department to assist patrol officers with individuals in crisis. The social worker will respond alongside patrol officers, assist with the immediate care and coordination for an individual in crisis, provide case management, and work with outside agencies to assist individuals. The goals of the program include: • Shift case management and care of individuals in crisis from patrol officers to the embedded social worker. • Provide officers with a resource for responding to mental health, substance use, or other crisis calls. • Provide case management to individuals in need to reduce their reliance or need to call 911. Packet Pg. 28 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Attachment B ARTG Budget & Narrative GRANT FUNDED PROGRAM BUDGET Category Staffing $51,000 Supplies & Equipment $0 Professional Services $0 Other $0 PROGRAM BUDGET NARRATIVE Staffing: Grant funds will be used for the salary and benefits of a social worker to be embedded with the Edmonds Police Department Packet Pg. 29 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Attachment C Grantee Reporting Requirements FINAL REPORT A final program report is due to AWC by July 31, 2025. Programs should make reasonable efforts to collect and report on the following information: • Describe program participants including: o Number of individuals served o Gender (Male, Female, Nonbinary, etc.) of individuals served o Age of individuals served o Veteran status of individuals served o Substance abuse or mental health issues of individuals served o Reason for contact o Outcome of contact (No outcome, referral to services, involuntary transport, etc.) o Long-term outcome of individual receiving services (No outcome, permanent housing, shelter, etc.) • Describe the type of program funded and the geographic area served. • Explain how the program targeted vulnerable individuals. • Explain how the program created greater access for vulnerable individuals to available programs and services. • Discuss program successes and challenges. MONTHLY REPORT Additionally, Grantees will submit monthly status reports to AWC. Monthly reports will be due the five business days following the end of the previous month. The monthly reports will address the following questions: • Briefly describe the work accomplished over the past month? • What successes has your program seen this past month? • What challenges has your program seen this past month? • Do you have any challenges or issues you need to discuss with AWC? Packet Pg. 30 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 2.3.a Attachment D Grantee Agent(s) List any Agent(s) that will provide program services in a program funded through the ARTG Program. Name of Agent Address Packet Pg. 31 2.3.b Alternative Response Team Grant Agreement Amendment A Additional Grant Funds Amendment Effective Date: The grant agreement, Grant Number: ART24-05 (GRANT), made on July 1, 2024, by and between the Association of Washington Cities (AWC), a private nonprofit corporation, and the City of Edmonds (GRANTEE) is amended as follows: The Grant Amount for this agreement is increased from $51,000 to $100,000. AWC shall pay an amount not to exceed $100,000 for the performance of all things necessary for or incidental to the performance of work as set forth in the GRANT as described in ARTG Application & Scope of Work (Attachment A). The ARTG Budget & Narrative (Attachment B) is hereby amended to read as follows: Grant Funded Program Budget Category Original Agreement Updated Agreement Difference Staffing $51,000 $97,000 +$46,000 Supplies & Equipment $0 $0 $0 Professional Services $0 $3,000 +$3,000 Other $0 $0 $0 Total $51,000 $100,000 +$49,000 Program Budget Narrative Staffing: Grant funds will be used for the salary and benefits of a social worker to be embedded with the Edmonds Police Department. Professional Services: Grant funds will be used to pay for mental health professional oversight of the social worker embedded with the Edmonds Police Department. The GRANTEE affirms that the updated category amounts in Attachment B will be fully used to carry out the program as described in Attachment A of the GRANT, as well as the mission and goals of the Alternative Response Team Grant. All other terms and conditions of the GRANT shall remain in full force and effect. By their execution below, the parties hereto have agreed to all of the terms and conditions of this Amendment effective as of the Amendment Effective Date listed above, and each signatory represents it has the full authority to accept this Amendment, and to bind their respective party to all of the terms and conditions herein. Packet Pg. 32 2.4 City Council Agenda Item Meeting Date: 02/18/2025 Pedestrian/Bicycle Safety Inter -Local Agreement with WA Traffic Safety Commission Staff Lead: Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History The City of Edmonds Police traditionally participate in several WTSC grant programs that focus on seatbelts, DUI patrols, using electronic devices while driving, aggressive drivers and other targeted enforcement efforts in our State. This particular grant is named the "WALKER ROLLER SAFETY GRANT" and allocates $50,000 to our region to fund collaborative enforcement patrols and education. The key attribute being it is regional funding, not solely for Edmonds. All signatories to the agreement will receive funds from this allotment. This grant, administered by the Target Zero Manager (TZM) at Snohomish County, provides re- imbursement funds for OT enforcement patrols focused on safety for pedestrians, bicycles, scooters and similar forms of transportation - hence the "Walker Roller Safety Grant". The grant goal is to "Positively change walker, roller, and motor vehicle driver behaviors through law enforcement patrols and media efforts." $10,000 of this grant is allocated specifically for education focused on the same goal. Enforcement patrols are scheduled in areas of our region where the data shows enforcement should occur and driver demographics have the highest potential of causing traffic crashes. Grant participants agree to work collaboratively in these locations regardless of primary jurisdiction. A saturation strategy is used placing multiple participating agency patrols in that area. Adjacent law enforcement agencies are encouraged to collaborate, so the driving public has the perception of law enforcement omnipresence in targeted areas. Public messaging is planned before, during and after the event. The TZM collects data from all grant participants through electronic reporting and is made available throughout the campaign. As a participant, we would receive notices of planned patrols and seek volunteers from our traffic unit to participate with their overtime being re-imbursed by the grant. Staff Recommendation Authorize the Mayor to sign the ILA with WTSC affirming our participation in the Walker Roller Safety Grant program. Purpose Entering into his agreement will allow us to receive funds from the 2025 FG 5539 - Region 10 Walker Roller Safety Grant. Attachments: Packet Pg. 33 2.4 WALKER ROLLER PARTNER INTERAGENCY AGREEMENT FFY25 Final EPD Packet Pg. 34 2.4.a INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND Edmonds Police Department THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and Edmonds Police Department, hereinafter referred to as "SUB - RECIPIENT." 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. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.616, for traffic safety grant project 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT, specifically to provide funding for the law enforcement agencies in WTSC Region to conduct overtime walker/roller safety enforcement as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB - RECIPIENT with the goal of reducing traffic crashes. Grant 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT was awarded to SNOHOMISH COUNTY to support collaborative efforts to conduct walker/roller safety enforcement activities. By signing this agreement, the SUB -RECIPIENT can seek reimbursement for approved overtime expenses incurred as a participant in 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than January 8th, 2025, and remain in effect until September 30, 2025, unless terminated sooner, as provided herein. 3. STATEMENT OF WORK Note: This statement of work applies only to Walker/Roller Safety Enforcement for traffic safety areas which recipient region has received funding. Packet Pg. 35 2.4.a GOAL: Positively change walker, roller, and motor vehicle driver behaviors through law enforcement patrols and media efforts. Engage multiple law enforcement agencies along LOCATION in the design, implementation of enforcement, community outreach and education activities for the project period. STRATEGY: Prevent drivers from engaging in high -risk behaviors related to walkers and rollers by increasing drivers' perception of the risk of being stopped by a patrol officer. This perception is achieved through 1) an increase in media messages and outreach about upcoming emphasis periods so that the targeted drivers know when the patrols will occur and what will be enforced and 2) during the patrols, drivers have the perception of increased enforcement because they can see a significant and noticeable increase in law enforcement presence and activities that reinforces the media messages they received and influences them to modify their driving behavior and 3) officers who stop drivers will use the stop to educate drivers on the importance of sharing the roadways with walkers and rollers and applicable laws violated by the driver. OBJECTIVES: There are several requirements identified for the 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT along PUBLIC TRANSIT AREAS IN LYNNWOOD, EDMONDS, MOUNTLAKE TERRACE, EVERETT, ARLINGTON, MARYSVILLE AND UNINCORPORATED SNOHOMISH COUNTY in SNOHOMISH COUNTY. The SUB -RECIPIENT agrees to the following requirements: 1. Implement the mobilization plan developed by the local traffic safety task force. The enforcement includes: a. Problem Statement Description of enforcement strategy, including expected law enforcement agencies participating in the event, target violation, and target locations. Public outreach strategy that targets behaviors drivers are most likely to engage in that contribute to traffic crashes. d. Evaluation plan. 2. The event is data driven. This means data is used to identify locations where enforcement should occur and driver demographics with the highest potential of causing traffic crashes. 3. The enforcement is multijurisdictional and uses a saturation approach. This means SUB -RECIPIENT is coordinating efforts with adjacent law enforcement agencies so that the driving public has the perception of law enforcement omnipresence on targeted roads. 4. The public is made aware of the event before, during, and after the enforcement takes place. This means that messages reach all target audiences in the community, regardless of English proficiency, who use the targeted transportation system. Local outreach and public education campaigns will take place during the enforcement period. 5. Officers are encouraged to educate drivers about walker and roller laws and safely during traffic stops. 6. The SUB -RECIPIENT deploys resources to enforce traffic laws in priority areas throughout the year when this project not being implemented. �a 0 J L d _ U) d v t2 m _ R �L r d d a T _ 0 d IL W R _ ii U) N LL H Z LU 2 W LU C9 Q V Z W C9 a W H Z_ W Z H Q a LU J J 0 d' W Y J Q 3 E M a Packet Pg. 36 2.4.a ADDITIONAL REQUIREMENTS: In addition, SUB -RECIPIENT agrees to all the following requirements for walker/roller safety enforcement: 1. Use the WEMS system provided by the WTSC to record all activities conducted by their commissioned officers. SUB -RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. 2. All participating staff receive a briefing prior to the event so that every participant understands and can explain all of the items on the briefing list below. This can be done in person (preferred) or electronic via telephone, email, or virtually. • Purpose, goals, strategy, and objectives of the specific enforcement with a focus on the targeted locations and driving behaviors • List of on -call DBEs and request procedures • How to fill out their digital activity log in WEMS • Information on how the Mobile Impaired Driving Unit will be used (if applicable) • Dispatch information • All Participating officers • Spotter processes (if applicable) • Draeger machines and locations (if applicable) To utilize all available media platforms it has available (website, email newsletters, social media etc...). 4. Participating officers should make as many contacts as they can during these patrols to positively influence driving behavior. 3.1. MILESTONES AND DELIVERABLES Mobilization Dates Walker/Roller Safety Enforcement Quarterly TBD by Target Zero Manager and partner agency. Other dates could be identified by the task force. 3.2. COMPENSATION 3.2.1. Compensation for the overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance of the overtime work shall not exceed this amount unless the WTSC and SUB -RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB -RECIPIENT. Comp -time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active Packet Pg. 37 2.4.a members of REGION NUMBER traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. Agencies may also be compensated at the straight time rate in lieu of overtime. 3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following: • FICA • Medicare • Any portion of L & I that is paid by the employer (SUB -RECIPIENT) • Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without amending this agreement. Grant funds should be managed collaboratively by the SUB -RECIPIENT and the TZM. These alterations must be requested through email communication among all parties involved, including the TZM, and the WTSC Fiscal Analyst. This communication shall include an Allocation Adjustment form, which details the funding alterations. Funds within the same enforcement campaign budget category only, can be increased and decreased across parties, so long as the modified total does not exceed the regional total allocation per funding category. 3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. 3.2.5. The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.2.6. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. Packet Pg. 38 2.4.a 3.3. SUMMARY OF PROJECT COSTS The WTSC has awarded $50,000 in 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT for the purpose of conducting coordinated Walker/Roller Safety Education and Enforcement activities. By signing this agreement, the SUB -RECIPIENT can seek reimbursement for approved overtime expenses incurred as a participant in this grant. All activity must be coordinated and pre -approved by the region's traffic safety task force and Target Zero Manager to be eligible for reimbursement.) Enforcement commented [JK1]: Stacey, is this language clef activities include emphasis patrols near transit/focus areas. Officers will be looking for poor driver behavior enough? in pedestrian safety focus areas, along with pedestrians not following applicable pedestrian laws. Officers Commented [MS2R7]: I will add some details will be expected to provide education on these stops along with reasonable enforcement action. Officers may be asked to conduct observation tasks in focus areas for the purposes of pre and post activity measurement. Education activities may include attending meetings and community events, handing out fliers, presenting to community groups or organizations. The funding for REGION 10 is as follows: EMPHASIS PATROL Walker/Roller Safety Enforcement $40,000 Walker/Roller Education $10,000 (Section 405, CFDA 20.616) $50,000 Total 3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be commingled between categories. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB -RECIPIENT agrees to have all personnel who work patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel �a 0 J L d _ U) d v m _ is �L r to d d a T _ 0 d IL W R _ ii U) LL H Z W 2 W W C9 Q V Z W a LU H Z_ W Z H Q a w J J O W Y J Q 3 E M a Packet Pg. 39 2.4.a authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 8. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. 9.ATTORNEYS'FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoicing for reimbursement of enforcement activities will be conducted through WTSC's grant management system, WEMS. WEMS Officer Activity logs submitted in WEMS, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM/grant project manager for review and approval. The TZM/grant project manager will submit all approved activity logs linked to the invoice to WTSC via WEMS within 10 days of receipt. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to September 30, 2025, must be received by WTSC no later than November 5, 2025. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES �a 0 J L d _ U) d v 2 m _ R �L r d d a T _ 0 d IL w R _ M U) N u_ LL H Z W 2 LU LU 0r 0 Q V Z LU C9 a LU H Z_ W Z H Q a W J J 0 Li lu Y J Q 3 E M a Packet Pg. 40 2.4.a The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 15.GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terns and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or �a 0 J L d _ U) d v t2 m _ R �L d d a T _ 0 d IL w R _ M LO N LL LL H Z W 2 W W d' C9 Q V Z W C9 a W H Z_ W Z H Q a LU J J 0 lu Y J Q 3 E M a Packet Pg. 41 2.4.a omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB -RECIPIENT 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. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 19. INSURANCE COVERAGE 19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB - RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures �a 0 J L d _ U) d v 2 m _ R �L d d a T _ 0 d IL W R _ ii u7 N LL H Z LU 2 LU LU C9 Q V Z W a W H Z_ LU Z H Q a LU J J 0 d' W Y J Q 3 a Packet Pg. 42 2.4.a and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 22. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB - RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC § 101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30- day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held �a 0 J L d _ U) d v 00 _ R �L r d d a T _ 0 d IL W R _ ii L0 N LL H Z W 2 W W 0' 0 Q V Z W C9 a W H Z_ LU Z H Q a W J J 0 W Y J Q 3 a Packet Pg. 43 2.4.a invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB - RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB - RECIPIENT to maintain and administer that property in accordance with sound management practices. �a 0 J L d _ U) d v 2 m _ R �L d d a T _ 0 d IL LU R _ ii LO N LL H Z W 2 LU LU C9 Q V Z W C9 a W H Z_ LU Z H Q a LU J J 0 W Y J Q 3 E M a Packet Pg. 44 2.4.a 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub -contractors. 31. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32. BUY AMERICA ACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. �a 0 J L d _ U) d v 00 _ R �L d d a T _ 0 d IL LU R _ ii u7 N LL H Z W 2 W W C9 Q V Z LU C9 a W H Z_ LU Z H Q a W J J 0 W Y J Q 3 a Packet Pg. 45 2.4.a 33.4. 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. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant 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. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 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 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, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. �a 0 J L d _ U) d v 2 m _ is �L r d d a T _ 0 d IL W R _ ii a7 N LL LL H Z W 2 LU LU C9 Q V Z W C9 a W H Z_ W Z H Q a LU J J 0 W Y J Q 3 E M a Packet Pg. 46 2.4.a 34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB -RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB -RECIPIENT'S policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. 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. 34.1.5. 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 assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the �a O J L d _ U) d v 00 _ R �L r d d a T _ O d IL LU R _ M U) N LL H Z LU 2 W W d' C9 Q V Z W C9 a G' W H Z_ W Z H Q a W J J O lu Y J Q 3 a Packet Pg. 47 2.4.a entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub -contract or sub -agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. �a 0 J L d _ U) d v 00 _ is �L r d d a T _ 0 d IL LU R _ LL LO N LL LL I— Z LU 2 LU LU d' Q V Z LU C9 a LU I- Z_ LU Z H Q a u1 J J 0 LU Y J Q 3 E M a Packet Pg. 48 2.4.a 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursement regarding this Agreement: SUB -RECIPIENT Contact Target Zero Manager Region 10 WTSC Contact [Walker Roller Grant Project Manager William Morris Jessie Knudsen Officer Stacey McShane Program Manager William.Morris@edmonsdwa.gov Stacey.McShane(a,Snoco.org jknudsen(,wtsc.wa.eov 425-967-2608 425-388-3817 (360)791-9456 42. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. SUB -RECIPIENT WASHINGTON TRAFFIC SAFETY COMMISSION Signature Signature Printed Name Printed Name Title Title Date Date �a 0 J L d _ U) d v 2 m _ R �L d d a T _ 0 d IL LU R _ ii U) N LL LL H Z W 2 W W C9 Q V Z W a w Im- Z_ W Z H Q a LU J J 0 W Y J Q 3 E M a Packet Pg. 49 2.4.a E 0 J i d C rr d fC d U V m C •L y d d a c 0 y d 0 a LLI c LL N LL LL H Z LLI 5 LLI LLI Q_ Q U Z LLI Q LLI H Z_ w LLI Z H Q a a_ LLI J J 0 LLI Y J Q J C d E t U a Packet Pg. 50