EPHRATA CITY COUNCIL  MAVORBRLCTRIM  VATOR PRO-TTM WILIINGOE  KATILEIN NSIOISRNI Mcl)( 0 -  MILLARD,  VNITNOORE IONY MORA. MARK WANKI CITY NDVINISIKNIORNINEVNKRE  -AGENDA FOR October 21, 2020 -  ZOOM VIDEO https:lzoom.us//6423977833  OR  CALL IN PHONE NUMBER: 1-253-215-8782, follow prompts  City ofl Ephrata Meeting ID: 642-397-7833  7:00PM  REGULARSESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: No 6. Presentations:  5. Additions or corrections to published Agenda  II  CONSENT. AGENDA  1. Approval of Claim Fund Bills and Checks Issued 2. Approval ofCouncil Minutes: September 16, 2020 3. Approval of Special Event Application: 4. Set Public Hearing for Ad Valorem Tax November 4th 7PM  III STAFF.COMMITTEE, & AGENCY REPORTS  BILLS: Allstot, Millard, Mora    IV CLOSED RECORD DECISIONS IRCW CHAPTERS3 36.42, OPENPUBLICI INPUT! NOTE PERMITTED)  V  PUBLICHEARINGS  VI ORDINANCES & RESOLUTIONS  VII ITEMS FOR COUNCIL CONSIDERATION  1. Interagency Agreement between Washington Traffic Safety Commission and Ephrata Police 3. Accept Donation from Mary Kulp for $60.00 to the Ephrata Police Department  Department.  2. Annual Fall Leaf Pick-Up (16-25 November 2020)  4. 3rQuarter Financial Report  VIII CITY ADMINISTRATOR REPORT 1. City of Ephrata Staff Report  BILLS: Alistot, Millard, Mora    CITY COUNCIL MINUTES  October 07, 2020  City Council of the City of Ephrata, Grant County Washington met in regular session on October 7, 2020. The meeting was called to order at 7:00 p.m. by Mayor Due to the COVID-19 Pandemic and Governor Inslee's Proclamation 20-28, this meeting Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  Bruce Reim.  isb being conducted remotely using the ZOOM video conferencing.  members Matt Moore, Valli Millard, Sarah McDonnell, and City Administrator Mike Warren, City Attorney Anna Franz, Public Works Director Bill Sangster, Community Development Director Dan Leavitt, Community Relations Director Traci Bennett, Fire ChiefJeremy Burns, and City Clerk/Finance Director  Kathleen Allstot  Staff Present:  Leslie Trachsler  Motion to excuse Council member Wanke. (m/s AlIstotMcDonne.) Motion carried.  Pledge of Allegiance was said. at time stamp 8:50.  No public signed up to speak. This meeting is being recorded. Meeting recording begins Agenda: Agenda was amended adding items to Consent Agenda, Item 3, Approval of Special Event Applications. Addition of Halloween Drive Thru on October 31St and Presentation: Grant County Economic Development Council. No report. Consent Agenda: Motion was. made to approve consent agenda. (m/s Moore/Millard)  Ephrata Worship Night on October 17th.  Motion carried.  Items on the consent agenda are as follows:  Claims #92432 through #92489 in the amount of $237,708.35 Claims #92408 through #92411 in the amount of $475.17    Claims #92430 and #92431 in the amount of $806.31 Payroll #46740 through#46754 in the amount of $30,982.39 Payroll Claims #92412 through #92429 in the amount of $229,988.59 Payroll Direct Debit in the amount of $5,875.00 Payroll Direct Deposit in the amount of $174,138.47 Minutes oft the September 16, 2020 Council meeting  Special Event Applications:  a) Halloween Drive Thru -= Chamber of Commerce, October 315 from 4:00 p.m. to6:00 p.m. around the Grant and Ephrata High Schools. b) Ephrata Worship Night - October 17h from 6:00 p.m. to 7:15 p.m., Community Church of Ephrata at Moore parking lot.  Public Hearing - Ordinance 20-04. Annexing certain lands into the City of Ephrata: Directorl Leavitt gave al brief staff report. Petition for Annexation from James Forrest and George Waltho was received for approximately 26.87 acres located at the west end of Maringo Road within the City's Urban Growth Area. The proposed zone for this property is Suburban-Residential which would have a minimum lots size of 1 acre. There Council discussion ensued regarding sufficient access to water and sewer from the end of Maringo; concerns regarding traffic and fire services; and how access would be obtained from connecting streets. Director! Leavitt advised that these issues would be addressed Public comments: Owner and developer, Jim Forrest, addressed Council. He reviewed the history of development in this area and his future plans for the proposed property. He There being no further public comment, Mayor Reim closed public hearing at 7:15 p.m. Ordinance 20-04-A Annexing certain lands into the City of Ephrata: Motion to approve and accept Ordinance 20-04 Annexing Certain Lands into the City of] Ephrata. CARES Act Advisory Committee Recommendations: Director Bennet reported that the CARES Act Advisory Committee met on September 16th to review application for the Small Business Relief Program. Committee had good conversations about criteria as well as al lot of unanswered questions. There were 15 applications submitted for consideration. The committee is recommending funding as follows:  Mayor Reim opened public hearing at 7:02 p.m.  isn no immediate impact to the City's budget or utilities.  during the platting process.  advised there would only be 5 lots on this parcel.  (m/s Coe/Moore) Motion carried.  Mandolin's Salon PLJ Co, LLC (Pita Pit) Bellissimo Salon D&D Rental & Sales Cherabella'sSalon  $3,500.00 $5,000.00 $3,500.00 $5,000.00 $3,500.00    Fraternal Order of Eagles $2,104.50 Grant County Journal Ephrata Senior Center & Thrift Store Misty Fairchild dba Lee Theater Uggie Boo's Grace Point Church Big Daddy's Sophia's Nails & Spa DK's Drive In The Taqueria  $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,104.50 $5,000.00 $3,500.00 $5,000.00 $5,000.00  Total award amount is $63,209.00, the full balance of available funds.  Motion to approve and accept the CARES Act Advisory Committee recommendations for funding from the Small Business Relief Program as presented pending meeting eligibility criteria and subject to legal review and approval. (m/s Millard/Allstot) Motion Authorize Administration to execute Amendment for increased CARES Award. The State has increased the Coronavirus Relief Fund award to the City of Ephrata by $122,700.00 and extended the contract deadline to November 30, 2020. All eligible reimbursement expenses must be submitted by December 15, 2020 to the Department of Commerce. In order to receive these additional funds, Council must first authorize the Staff would like to use these additional funds for equipment to facilitate on-line training and meeting requirements due to the COVID-19 pandemic restrictions on gatherings. There are a number of continuing education requirements staff has to adhere to in order Motion to authorize Administration to execute Amended Agreement for Coronavirus Relief Funds in the amount of $122,700.00. (m/s Moore/McDonnell) Motion carried. Accept Donation from First Interstate Bank for Bold Programs: Donation was received from First Interstate Bank to support the City's BOLD Program in the amount of Motion to accept donation from First Interstate Bank for Bold Program. (m/s  carried.  contract amendment.  tor maintain certifications for certain functions of their jobs.  $1,000.00.  Allstot/McDonnel) Motion carried.  Surplus Vehicles: There are two vehicles which are surplus to the needs of the City,a a 1988 Chevy Pickup and a 2009 Ford Crown Victoria. Normal procedure is for Council to  surplus and authorize they be sent to auction.    Motion to surplus a 1988 Chevy Pickup and 2009 Crown Victoria and authorize the execution of Agreement with Booker Auction for the sale. (m/s Moore/Allstot) Motion Authorize Administration to enter contract with Public Safety Testing for background investigation: Administrator Warren reported that for the background investigation on the new Police Chief, he would like to utilize Public Safety Testing. They require a Specialized Services Agreement. Counsel has reviewed the Service Motion to authorize Administration to enter Specialized Services Agreement with Public Safety Testing for background investigation. (m/s Moore/Coe) Council discussion,  carried.  Agreement and has approved.  motion carried.  City Administrator Report:  Police ChiefUpdate: Administrator Warren advised Council that Kurt Adkinson was selected by the interview committee as Ephrata' 's next Police Chief, pending background  investigation and psychological evaluation.  There being no further business meeting adjourned at 7:30 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    DATE:  October 16, 2020  Department: City Clerk/Finance  Past Activity  Continue to support other departments and commissions Monthly duties as assigned Working with Mayor/Administrator on COVID-19 related issues Work on Utility Relief application and payment agreement form Work on 2021 Budget Work on Library Re-Roof Project Continue CIAW: 2020-2021 Insurance Renewal Application Work Auditors on 2019. Audit Prepared 3d Quarter Financial Report for Council review Normal monthly duties Monthly Balancing of all financial transactions Prepare and submit monthly tax reports Monitor revenues/expenses of the City Monitor Budget Attend all Council Mcetings Initiate Legal Publications as required Provide and monitor requests for Public Records Monitor Records retention/destruction End of Month Payroll process Monthly/Quarterly PR Reports Address Human Resource issues Support staffi in their daily operations Support City Administrator Monthly Civil Service Commission mcetings - suspended due IOCOVID-19 Attend LEOFFID Disability Board monthly mcetings- virtually Continue work on Utility Relief Application and Payment Agreement Work on 2021 Budget - Prepare Ad' Valorem Tax Ordinance Finishing up with State Auditors on 2019 Financial and Accountability Audit Attend WAPRO Public Records Virtual Training COVID-19 Small Business Grant Program-Prepare reimbursement request Begin search for an entryl level police officer Library Re-Roof Project-processing payments and monitoring compliance with contracts Non-essential spending has been frozen as per Council direction Monitoring revenues closely Coverage for employee vacations  Future Activity  Budget Concerns Other Issues    ()  City of Ephrata Department of Planning Permits Issuer Issue Date Owne  Fee (less State Fee)  Permit Parcel  Valuation  20-002 140538000 9/14/2020DS 20-074 130286000 9/8/20201 20-191 140124712 9/4/20 20-210 140278000 9/9/2020Myra. 20-210 140278000 9/10/2020Myra Stoker 20-211 130779000 9/2/2020/Samuel Barnes Roofing 20-212 131488000 9/2/2020Paul Detrick 20-213 131327000 /4/2020Levesque 20-214 130053000 /4/2020Varick 20-215 140837001 9/9/2020/Raul Garcia  $ 360,636.00 $ 4,848.12 $ 16,515.21 $ 507.26 $ 250,000.00 $ 6,948.40 15,000.00 $ 598.49  (erior iemod Plumbing Refund V ReRoof 223FNE Driveway $ 106HNE Shed 1724CSW Irrigation $ 356 Basin Kitchen NW 303 Basin SW 14590 Empire Rd NW  5  IV, Heaveni, Viallalta Boys Const Tuff Shed Dircios Rells Fire  $ (100.00) 58.05 38.00 29.30 37.50  $  1,000.00 $ 1,350.00 $ 3,162.85 $ 1,000.00 $ 3,500.00 $ 118.69 6,000.00 $ 2,931.14 $ 1,000.00 $ $ 230,000.00 $ 6,258.68 1,000.00 $  Victor & Marcia Joseph &. Judy  $  Hood  $ $ $ $ $  20-216 130071000 /15/2020/Noah Petersen Basin Refrig 315 10th SWHVAC  68.60 81.75 29.30 58.05  20-217 140484000 /11/2020/Subway 20-218 311771000 /22/2020Penado 20-220 140124715 9/25/2020Todd Voth  Graybeal Adalberto Penado  Sign Porch  Adalberto  Voth Const. 9077NE SFE  20-222 131228000 9/11/2020lason McDonnell Arrowhead 148FSE ReRoof  PUD #2 Grant Polhamus  Replace Fence  20-223 130307000 9/16/2020/County  Heating ACE Quality Dircios Heavenly RM Wildheart Wildheart Aleksandr Sigman  30CSW Heatpump $ 24,212.00 $ 119.40  20-224 131081000 9/16/2020Susan O'Berry Fence 20-225 141017011 916/2020/Rodriguez 20-226 140475135 9/16/2020Vicki Schwab Dircios 20-227 131586124 /162020Chrstopher Dahl Roofing  30DSE 142KNE Fence 689KSE Fence 209 Ivy SE ReRoof  $ $ $ $ $  2,845.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ $ 180,000.00 $ 5,957.67 $ 180,000.00 $ 6,147.05  11.85 11.85 11.85 58.05 58.05  Estevan  20-228 131235000 9/17/2020/NW Properties Construction 112FSE ReRoof  20-229 140124714 9/30/20205G Properties Homes 20-230 140124705 9/30/2020/5G Properties Homes 20-231 130070000 /18/2020,Sigman  9097NE SFR 9108NE SFE 927CSW Fence  Aleksandr  $  400.00 $  11.85    1399 Nat Wash Way Placement $ 233 2nd Ave 508 W  20-233 131586525 9/21/2020WalMart  WalMart  1,000.00 $ 400.00 $  29.30 29.30 58.05 58.05 11.85 58.05 68.60  20-234 140853000 9/21/2020/Steve Oliver Steve Oliver NW 20-235 130832000 9/24/2020/Chris Cox PT Arrowhead Division Roof  Sign  $  $ 20,000.00 $ $ 18,239.00 $ $ 10,000.00 $ $ $  Commercial 109 West Ind. Roofing Div.  20-236 1030005000 9/23/2020/Chase Bank  Roof  20-237 140639003 9/28/2020Basin Storage Cortez Fencing 104 9thSW Fence 20-238 1309010000 9/24/2020/Venney Rentals Brian Schoo NW 20-239 130849000 9/30/2020 Emily Molitor Basin Refrig 267ESW HVAC  31&39F  Roof  1,000.00 $ 9,506.68 $  $ 1,344,697.88 $32,281.01    City Council Report Parks and Recreation  EPHRATA PARKS & RECREATION PAST ACTIVITY: 1. Parks Commission:  October 15, 2020  a. September; no quorum 2. Kecrration/Communiy Programming: a. Concluded BOLD program b. Exploring an instruction only BOLD program Sam's Dance began d. Pickle Ball league underway . Developed 2021 recreation budget a. Winterizing of parks 4. Public Relations/Tourism:  3. Parks:  a. Awarded CARES Act applicants b. Accepting applications for lodging tax funds RFP closed for city web site development a. Drive Through Trick or Treat event a. Monitoring pickle ball league Developed COVID-19 protocol for all activities Assisting front counter utilities customers  5. Special Events: 6. Recreation Supervisor:  7. Splash Zone:  a. Negotiating contract with RenoSys for pool resurfacing in 2022  FUTURE GOALS/ACTMVITY:  1. Continuing administration of current programs 2. Continuing to work with and support various community groups 3. Develop a park reservation system 4. Develop tree replacement program    City of Ephrata  October 15th, 2020  Department: Public Works Field Supervisor  past Activity  Cleaned the head works at the waste water treatment facility. Started annual sewer flushing. Flushing and Sweeping city streets as needed to conserve fuel. Monthly water testing. Set chlorine reservoirs on concrete pads for chlorinating at all well houses (6) total. Installed well casing and a pump, and added 40 additional feet ofcasing at well #3. Performed maintenance on all city storm pits. Started a list ofresidential trees that need to be trimmed by homeowners that are hanging over roadways or sidewalks. Regular scheduled Park and public works maintenance, numerous funerals, and as always responded to any and all City related calls.  Future Activity:  Clean head works at the waste water treatment facility. Complete annual sewer flushing. Monthly water testing. Read meters. Blow out park irrigation systems. Finish setting up all wells for chlorination, and begin chlorinating city water. Flushing and sweeping autumn leaves from city streets (only as needed to conserve fuel use). Clean all city drains. Mail notices to residents that need to trim their trees that are hanging over city streets and sidewalks. Place sanders and plows on all dump trucks. Regular scheduled maintenance, and as always respond to any and all City  related calls.  Budget Concerns: Other Issues: Dennis Ohl Public works field supervisor  Continue to monitor closely  Continuing to maintain social distancing!    DATE: October 21, 2020  ITEM: Items for Council Consideration  SUMMARY  1. Interagency Agreement between Washington Traffic. Safety Commission and the Ephrata Police Department-The purpose oft this agreement is to participate in High Visibility Enforcement (HVE) within our region (Region 15) and to seek reimbursement for approved overtime expenses incurred as aj participant in the 3. Accept Donation from Mary Kulp for $60.00 to the Ephrata Police Department  region's HVE grant. 2. Annual Leafl Pick-up (16-25 November 2020) 4. 3rQuarter Financial Report  BUDGET: IMPACTS  1. N/A 2. N/A 3. N/A 4. N/A  Staffrecommends: acceptance and approval ofall Items. Motion to. Authorize, Confirm, or Approve and. Accept. All Items.  ENABLING ACTIONS  lfyou have any questions, concerns, or require additional information; please contact me prior 10 the meeting.    Mike Warren From: Sent: To: Cc: Subject: Attachments:  Erick Koch Wednesday, October 7, 20202:30PM Mike' Warren Heather Van Paepeghem GRAF_Region 15 (1).pdf  Interagency Agreement Between WTSC and EPD  Ephrata 2021 HVE Region Budget IAA.Region15 (1).pdf; 2021 HVE Region Budget  Mike,  The purpose oft this agreement is to participate in High Visibility Enforcement within region 15 and to seek reimbursement for approved overtime expenses incurred as a participant in the region'sH HVE grant. These This agreement is to participate in the grant funding to 2021-HVE4056-Region 15 Target Zero Task Force, the only obligation to the Ephrata Police Department is to complete the required paper worki ifovertime details are approved and worked. Our local Target Zero Manager sets the dates and times of these patrols. Wel have participated int this program fori the last several years and this opportunity is in the best interest of the citizens  HVE patrols are designed to reduce the number ofi fatal collisions.  of Ephrata.  Ihave forwarded the information to Leslie as well.  Thank you,  Interim Chief Erik Koch Ephrata Police Department 121 Alder STSW Ephrata, WA 98823 (509).754-2491 Cell (509)431-5710 Fax (509): 754-1294 e-mail ekoch@ephrata.org    WEMS MISCATRPIEMMGONT SYSTEM  Grant Requirements Acknowledgement Form for High Visibility Enforcement (HVE)  Mobilizations  WEMS ID: 2021-HVE-4056-Region 15 Target Zero Task Force  Before beginning work on this grant project, the grantee Project Manager should thoroughly read and understand the terms of the Interagency Agreement (IAA). This Grant Requirements Acknowledgement Form provides an explanation of some key terms and highlights but is not comprehensive. Ifthe Project Manager has questions after reviewing this document, please refer to the WTSC Grants Management When you, the grant Project Manager, agree to this document, you certify that you understand the grant requirements and agree to fully comply with the terms and conditions set forth in the Agreement/Contract, as well as additional federal requirements outlined in the Code of Federal Regulations for Federal Grants and. Agreements, as referenced below. Ifanything int this document conflicts with the Agreement/Contract, the Agremen/Contactiakes  Manual, or contact the WTSC Program Manager assigned to this grant.  precedence.  Before you begin work, you must have:  Afully executed IAA or contract signed by both parties.  Attested tothe Grant Requirements Acknowledgment. Form( (thisdocument).  Work cannot begin before the start date on the IAA, or before the IAA is.signed! by all parties. WTSC will only  reimburse expenses incurred after the IAA is fully executed.  Select Contract Provisions:  Statementorwork:Thissummarizes the workt tot be done for thisgrant. Ifthis changes significantly, the granteewillnedtorequestachangein WEMS,andaniAA: amendment may ber required. High Visibility Enforcement (HVE) Operational Requirements: The specific HVE requirements listed in the Scope of Work are extremely important to the success oft the high visibility enforcement WEMS Digital Activity Log: WTSC requires all agencies participating in high visibility enforcement to use the WEMS system to document the activity ofa all participating officers. An officer cannot participate ift they do not have a WEMS account and do not input their activities into Officer Training Requirements: Starting March 31,2021, WTSC will begin to enforce the training requirements of participating officers. Any officer participating officer must document in WEMS that Period ofl Performance: All work must be completed, and goods and services must be received, during  strategy. ALL oft these requirements must be followed.  the WEMS digital activity log.  they have current qualifications for BAC: Cand SFST. the period of performance on the IAA.  Page 1of2    Compensation:  Comp time is not an allowable expense for reimbursement on a high visibility enforcement (HVE) campaign contract or other OT (Overtime) patrol projects. The funding for these types of projects are for the actual activity of patrolling and comp time or any other type ofl leave will not be All expenses must be incurred during the period of performance on the IAA. Expenses cannot exceed the total amount oft the agreement and must fall within the amounts of Funds may be moved, with prior approval and within certain limits, between planned budget categories. A formal request must be submitted to the Target Zero Manager. Advance Payments Prohibited: WTSC cannot pay for any costs prior to the work being completed or Agreement Alterations and Amendments: Ifyour agency wants to seek an exception to any oft the HVE operational requirements, you must submit an exception request to the WTSC's primary contact Billing Procedure: Your agency is required to utilize the Digital Activity Log int the WEMS system, supplied by the WTSC for all of youri invoices. Your local TZM can give you training and support ifyou Buy America Act: For any manufactured goods over $5,000, the grantee must provide written certification that the goods, including IT software and hardware, were produced in the USA. Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff or expenditures. Income: Any income generated with this grant must be accounted for and applied toj project purposes or Lobbying/Political Activity: Because this grant uses federal funds, no work being funded by this grant can be used to lobby or otherwise influence state or federal officials, or support or oppose legislation; Records Maintenance: Maintain records pertaining to this agreement for 6 years after expiration  reimbursed.  each budget category as listed in the IAA.  the goods being delivered.  listed in the in Interagency Agreement. need assistance using this system.  Must comply with 2CFR Part 200 Subpart E.  used to reduce project costs.  there is an allowance for "customary state practice."  Other Requirements: grant funds.  Promotional Item Purchase Restrictions: No promotional items can be purchased with these Single Audit Requirements: Required of an entity that expends $750,000 or more annually of  federal funds, federal grants, or federal awards; usually performed annually.  By checking this box and typing your name below, you certify that you agree to fully comply with the terms and conditions set forth in the Agreement, as well as the requirements listed in this document. Typing your  name below constitutes your electronic signature on this document.  IAgree  (Name, Agency, Title)  (Date)  Page 2 of2    INTERAGENCY AGREEMENT  BETWEEN? THE  Washington Traffic Safety Commission  AND  Ephrata Police Department  THIS AGREEMENT ist made and entered into by and between the Washington Traffic Safety Commission,  hereinafter referred to as "WTSC," and Ephrata Police Department  hereinafter referred  toas SUB-RECIPIENT."  NOW THEREFORE, in consideration oft thei 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 oft 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) numbers 20.600 and 20.616, for traffic safety grant project 2021-HVE-4056-Region 15' Target Zero Task Force, specifically to provide funding for the law enforcement agencies in WTSC Region 151 to conduct overtime high-visibility enforcement (HVE) traffic safety emphasis patrols as outlined in the Statement of Work (SOW), in support ofTarget Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the Grant 2021-HVE-4056-Region 15 Target Zero Task Force was awarded to the Region 151 to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB-RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in the region's HVE grant.  SOW with the SUB-RECIPIENT with the goal of reducing traffic crashes.  2.P PERIOD OF PERFORMANCE  The period of performance oft this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2020, and remain in effect until September 30, 2021, unless terminated sooner, as  provided herein.  .STATEMENT OF WORK SCOPE OF WORK:  Note: This statement of work applies only to High Visibility Emphasis patrols (HVE) for traffic safety areas  which your region has received HVE funding.    GOAL: To prevent traffic crashes to reduce traffic related deaths and serious injuries through increased STRATEGY: Prevent drivers from engaging in high risk behaviors by increasing their perception oft the risk ofr receiving a citation through high visibility enforcement campaigns (HVE). HVE Campaigns influence driver behavior by creating the perception that there is an increased risk of engaging in risky driving behaviors. This perception is achieved through 1) an increase in media messages 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 ofi increased enforcement because they can see a significant and noticeable increase in law enforcement presence (officers pulling cars over) that reinforces the media OBJECTIVES: Research and experience has shown that the strategy is only effective ifall partners that engage in HVE adhere to these requirements. The SUB-RECIPIENT agrees to follow all seven of these 1. Implement the mobilization plan developed by the local traffic safety task force foreach HVE event  enforcement.  messages they received and influences them to modify their driving behavior.  requirements.  that includes: a. Problem Statement  b. Description ofe enforcement strategy, including expected law enforcement agencies participating in the event, target violation, and target locations sO that the HVE has the greatest Public outreach strategy that targets the drivers most likely to contribute to traffic crashes.  chance of preventing traffic crashes.  d. Evaluation plan  2. The event is data driven. This means data (such as traffic crash data) is used to identify the locations where the HVE should occur and drivers with the highest potential of causing traffic crashes. 3. The enforcement is multiurisdictional and uses a saturation approach. This means SUB-RECIPIENT is coordinating its efforts with adjacent law enforcement agencies sO that the driving public has the perception oflaw enforcement omnipresence on the targeted roads. Enforcement is highly visible- clearly more than ai typical day. WTSC proposes that no less than three officers work an HVE.  4. Each participating officer will make at least 3 contacts per hour.  5. 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 ofl English proficiency, who use the targeted transportation system. The WTSC will conduct statewide public education campaigns during national campaigns, but it is the responsibility of the SUB-RECIPIENT and task 6. Local media are highlyinvolved in the effort to reach communities in which HVE will occur.  force to ensure that all elements ofHVE are being met.    7. TheSUB-RECIPIENT deploysresources to enforce traffic laws in priorityareas throughout the year  when HVE is not being implemented.  ADDITIONAL REQUIREMENTS FOR ALL HVE EVENTS:  In addition to the seven critical elements, SUB-RECIPIENT agrees to all oft the following requirements for all 1. To use the WEMS system provided by the WTSC to record all activities conducted by their commissioned officers pursuant to the HVE events. SUB-RECIPIENT will also ensure all supervisors 2. All participating staffr receive a briefing prior to the event sO that every participant understands and can explain all ofthei items on the briefing list below. This can be done inj person (preferred) or Purpose, goals, strategy, and objectives of the specific HVE event with ai focus on the targeted  HVE events.  and fiscal staffhave the ability to review and edit those activity logs.  electronic via telephone, email, or virtually. locations and driving behaviors List ofon-call DRES and request procedures How to fill out their digital activity log in WEMS  Information on how the Mobile Impaired Driving Unit will be used (ifapplicable)  Dispatch information AIl Participating officers Spotter processes (ifapplicable) Available Draeger machines and locations  3. All officers participating in these patrols are BAC certified and passed the SFST refresher training within the prior three years (this is regardless of ARIDE or DRE Training mentioned below). 4. Tou utilize all available media platforms it has available (website, email newsletters, social media etc...) 5. Make at least one individual available for weekend media contacts, beginning at noon on Fridays  tot the fullest extent to publicize the HVE events.  before HVE mobilizations.  ADDITIONAL REQUIREMENTS FOR SPECIFIC: HVE EVENTS  In addition to the seven critical elements, and the additional requirements ofa all HVE events, the SUB- RECIPIENT agrees to all of the following requirements for each type ofspecific HVE in which they will  participate.  1. IMPAIRED DRIVING:  a. Impaired driving HVE events must begin after 8:00 p.m. and occur between Thursday-Sunday. b. SUB-RECIPIENT will ensure participating officers have made a DUI/DWI arrest within the  past twelve months.    SUB-RECIPIENT will participate in national impaired driving HVE events including:  i. Holiday DUI Patrols (December 11 -J January 2) ii. Drive Sober or Get Pulled Over( (August 20 - September 6)  2. DISTRACTED DRIVING  a. Distracted driving HVE events will be conducted using a team approach with designated b. SUB-RECIPIENT will participate in national impaired driving HVE events including:  spotters.  . UDrive. U Text. UI Pay. (October 5 -12) ii. On the Road, Off the Phone (April 1-19)  3. MOTORCYCLESAFETY PATROLS  a. Patrols will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too b. Patrols will focus on the illegal and unsafe driving actions ofa all other motor vehicles when relating to motorcycles. This includes speeding, failure to yield to a motorcycle, following too SUB-RECIPIENT will utilize motorcycle officers in these patrols to the fullest extent possible. d. The SUB-RECIPIENT will engage in multyurisdictional HVE patrols, as part ofai regional or i. It'sal Fine Line - July 11-27,2021. Note: Patrols must take place Friday, Saturday, or  closely.  closely to a motorcycle, distracted driving, etc.  national effort, for all or part oft the following campaigns: ii. Oyster Run Event - Summer 2021 (Region 11 only) ii. ABATE: Spring Opener Summer 2021 (Region 12 only)  Sunday during the campaign.  iv. Ocean Shores Motorcycle Event (formerly Bikers at the Beach) - Summer 2021  (Region 2 only)  OTHER CONSIDERATIONS, EXCEPTIONS, AND NOTES REGARDING HVE EVENTS  At least three contacts per hour requirement explained:  Participating law enforcement officers should make as many contacts as they can during their OT They must make ai minimum of three self-initiated contacts per hour of enforcement unless they engage in a related enforcement activity that prevents them from doing SO - in which case, the contact requirement is waived while the officer is addressing that activity. For example, ifa an officer stopsa vehicle and arrests the driver for DUI, he/she is not required to make three contacts per hour for the Other activities, such as collision investigations or emergency response that are not initiated through  patrol in the spirit of changing driving behavior.  time spent processing the DUI.  emphasis patrol contact WILL NOT be reimbursed.  Impaired Driving HVE events:  The WTSC encourages participation from officers who have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE) or are a certified Drug Recognition Expert.    Exceptions to any impaired driving HVE requirements must be submitted to the WTSC HVE Program Funding int this category can be expended outside oft the campaign periods. However, the funds must only be used for impaired driving enforcement and during another national impaired driving enforcement campaign or other large local event/mobilization. Participation during Holiday DUI Patrols and Drive Sober or Get Pulled Over should be prioritized when scheduling enforcement dates. The WTSC encourages law enforcement agencies to use this funding to support the professional growth of officers with limited exposure to impaired driving enforcement. With the approval oft the region's TZM and WTSC, officers can participate in mentoring for impaired driving enforcement.  Manager for approval.  Requirements for this use off funds include the following:  WTSC approval for impaired driving mentorship is done through the HVE Mobilization Plan. The training officer must be a Drug Recognition Expert or ARIDE trained. TZMs can submit a request for an officer who doesn'tmeet these requirements to be a mentor. This request must There must be a review oft the SFST; procedure prior to the enforcement activity. There is a limit oft two times per year that an officer can be a mentee. Funds permitting, it is expected that mentees will participate in at least one impaired driving Each region or county-level task force can set additional requirements for participation in this Tol be eligible for this activity, the task force must have a policy for DUI Mentoring. WTSC Funding will pay for overtime for the mentor officer and the mentee officer. This funding can be used to conduct premises checks (such as the Home Safe Bar Program) in bars and other establishments that sell alcohol. To be used for this purpose, the activity must meet the Approval for this activity must done through the HVE Mobilization Plan. This plan must be received by WTSC. at least 2 weeks prior to the activity date. It should include details such as the estimated number ofh hours and officers who will be participating in this activity. It should also include a plan for what officers will discuss with the establishment (Ex. distributing coasters, HVE dedication materials, mobilization creative, etc.) Each establishment is counted as one contact on the Officer Activity Log. The WA Liquor and Cannabis Board should be notified in advance ofthis activity to These funds can be used for DUI warrant round-up events. Prior approval is needed for these activities and must include evidence of thorough planning to include a threat matrix on warrant suspects, most current address information obtained through the court or local record management system and current  Approval for mentorship must be received prior to the activity date.  be detailed on the HVE Mobilization Plan.  mobilization after completing mentoring.  use of funding.  will provide a model DUI Mentoring policy ifrequested.  following requirements:  encourage collaboration and support.  Department ofLicensing or booking photos on warrant suspects available.  Distracted Driving HVE Events:  With the State of Washington' s distracted driving law, these patrols will be important to ensure through education and enforcement that drivers understand and are following the new law (RCW  46.61.672).    These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of past distracted driving violations. Thisa approach has Spotter Requirement Explained: A distracted driving HVE patrol must consist of at least three officers This funding can be expended outside oft the national campaigns, but the funds must only be used for  shown to best identify distracted driving violations. one spotter and at least two officers responding to violations.  distracted driving HVE enforcement.  Motorcycle Safety HVE Events:  Patrols must take place Friday, Saturday, or Sunday during the It'sal Fine Line campaign, however the local Traffic Safety Task Force can request to conduct patrols during other days in the week if data shows the need for this. These requests must be sent to the WTSC Program Manager managing the During special events, patrols should be scheduled during the dates oft the event and could start one day before the official event start date and end one day after the official event end date.  Motorcycle Safety program prior to the enforcement dates.  3.1-MILESTONES AND DELIVERABLES  Mobilization UDrive. UText. U Pay. DUI Holiday Patrols On the Road, Offt the Phone It'sal Fine Line DUI Drive Sober or Get Pulled Over 32.COMPENSATION  Dates October 5-12 December 11-J January 2 April 1-19 July 11-27 August 20- September 6  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 oft 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 members oft the Region 15 traffic safety task force with a fully executed grant agreement are eligible to 3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent oft the officer's normal salary rate  participate in this grant.  plus SUB-RECIPIENT'S contributions to employee benefits, limited to the following:  FICA Medicare  Any portion ofL & It that is paid by the employer SUB-RECIPIENT)    Retirement contributions paid by the employer SUB-RECIPIENT) can be included ift the contribution  isb based on a percentage oftheir 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, 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. HVE grant funds should be managed collaboratively by the SUB-RECIPIENT and These alterations must be requested through email communication among all involved parties, including the TZM, and the WTSC Fiscal Analyst. This communication shall include an HVE Allocation Adjustment form, Funds within the same HVE 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 ofwork. 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. Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB-RECIPIENT has received prior approval from their region's TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.2.6. Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB-RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL to determine ift need is warranted for the type ofHVE activity. This activity must be overtime and only the 3.2.7. 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. 3.2.8. 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  radars, portable breath testers, etc.) to participate in the emphasis patrols.  the TZM.  which details the funding alterations.  expenses listed in section 3.2 and its subsections will be reimbursed.  and not at the 150 percent overtime rate. 3.3.SUMMARY OF PROJECT COSTS    The WTSC has awarded $30,000.00 to the Region 15Traffic Safety Task Force for the purpose of conducting coordinated overtime HVE activities. By signing this agreement, the SUB-RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region's traffic safety task force and TZM in order to be eligible for reimbursement.  The funding for Region 15 is as follows: EMPHASIS PATROL Impaired Driving Patrols (Section 402, CFDA20.600) Distracted Driving Patrols (Section 402, CFDA 20.600) Motorcycle Safety 164 Funds, CFDA 20.608)  $15,000.00  $15,000.00  $0.00  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 HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end ofa 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'sonline 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  ber made by the WTSC.  6.AGREEMENT ALTERATIONS AND AMENDMENTS  This Agreement may be amended by mutual agreement oft the Parties in the form ofa a written request to amend this Agreement. Such amendments shall only be binding ifthey are in writing and signed by personnel authorized to bind each oft 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. This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings,  7.ALL) WRITINGS CONTAINED HEREIN    oral or otherwise, regarding the subject matter ofthis Agreement shall be deemed to exist or to bind any of  the Parties hereto. B.ASSIGNMENT  The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or inj part, without the express prior written consent ofthe 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. Ifany oft 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 own attorney fees and costs. 10. BILLING PROCEDURE  In the event oflitigation or other action brought to enforce the Agreement terms, each Party agrees to bear its  All invoices for reimbursement ofHVE activities will be done using the WTSC's grant management system, WEMS. WEMS Officer Activity logs will be attached toi invoices, directly linking the cost oft 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 for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration oft the. Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date ofthis Agreement. All invoices for goods received or services performed on or prior to June 30, 2021, must be received by WTSC no later than August 10, 2021. All invoices for goods received or services performed between July 1,2 2021 and September 30, 2021, must be received by WTSC  no later than November 15, 2021.  .CONFIDENTIALITYISAFEGUARDING 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 oft this Agreement, except with prior written consent ofthe WTSC, or as may be required by law. Costs incurred under this Agreement shall adhere to provisions of2 CFR Part 200 Subpart E. 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 ofany application for  12.COST PRINCIPLES  13.COVENANT AGAINST CONTINGENT FEES    federal financial assistance for this Agreement. The WTSC shall have the right, in the event oft breach oft this  section by the SUB-RECIPIENT, to annul this Agreement without liability.  14. DISPUTES  14.1. Disputes arising in the performance oft 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 ofthe SUB-RECIPIENT'sN receipt ofWTSC'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 ofreceipt oft the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue  the decision.  performance under this Agreement while matters in dispute are being resolved.  15.COVERNANCE to those laws.  15.1. This Agreement is entered into pursuant to and under the authority granted by the laws oft the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform 15.2. Ini the event of an inconsistency in the terms oft this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:  15.2.1.Applicable federal and state statutes and rules 15.2.2. Terms and Conditions oft 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 oft the Agreement, including materials incorporated by reference Any income earned by the SUB-RECIPIENT from the conduct ofthe SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project  16.INCOME  purposes or used to reduce project costs. ILINDEMNIFICATION  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 ori in connection with this Agreement and/or the SUB-RECIPIENT'S performance or failure to perform any aspect oft 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 oft 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 omissions oft 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 oft 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 ofthis Agreement shall continue to be employees or agents oft that Party and shall not be considered for any purpose to be employees or agents  ofthe other Party.  19.INSURANCES COVERAGE required by law.  19.1. The SUB-RECIPIENT shall comply with the provisions ofTitle 51 RCW, Industrial Insurance, if 19.2. Ifthe SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start ofany performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proofofinsurance 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. The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance oft this Agreement. The SUB- RECIPIENT shall complete registration with the Washington State Department of! Revenue, ifr required, and ber responsible for payment of all taxes due on payments made under this Agreement.  20.] LICENSING. ACCREDITATION.AND REGISTRATION  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 oft the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office oft 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 oft the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any oft these materials 21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property oft 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  during this period.    and protections to assure that records and documents provided by the other Party are not erroneously  disclosed to third Parties. 22. RIGHT OFINSPECTION  The SUB-RECIPIENT shall provide right ofaccess to its facilities to the WTSC or any ofi 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 ofHealth 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 ofthis Agreement. 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, 17USC $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 23.2. Iffor 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 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  23. RIGHTSINDATA  these rights.  extensions thereof.  public interest. 24.SAVINGS  Ini the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date oft this Agreement and prior to completion oft 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. 5.SEVERABILITY  Ifany provision oft this Agreement or any provision of any document incorporated by reference shall be held    invalid, such invalidity shall not affect the other provisions oft this Agreement which can be given effect without the invalid provision, ifs such remainder conforms to the requirements ofa applicable law and the fundamental purpose ofthis Agreement, and to this end the provisions ofthis 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. All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB-RECIPIENT ori its staff shall be the sole responsibility ofthe SUB-RECIPIENT. Ifthe SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any oft 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 oft that period by written notice oft the WTSC. 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. Ifthis Agreement is sO terminated, the WTSC shall be liable only for payment required under the terms oft this Agreement for services rendered or goods delivered  27.TAXES  28. TERMINATION FOR CAUSE  29.TERMINATION FOR CONVENTENCE  prior to the effective date oftermination. 30. TREATMENT OF ASSETS  30.1. Title to all property furnished by the WTSC shall remain property oft 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 ofsuch property by the SUB-RECIPIENT. Title to other property, the cost ofv which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use ofs such property in the performance ofthis Agreement, or (ii) commencement of use ofs such property in the performance oft this Agreement, or (i) reimbursement oft the cost thereof by the WTSC in whole ori in part, whichever first 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property oft the WTSC which results from the negligence oft the SUB-RECIPIENT or which results from the failure on the part oft the SUB- RECIPIENT to maintain and administer that property in accordance with sound management practices.  occurs.  or approved by the WTSC, be used only for the performance oft this Agreement.    30.4.Ifany 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 oft the WTSC upon completion, 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENTS  termination, or cancellation oft this Agreement. 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 ofa any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23  CFR PART 1300 APPENDIX A): 32. BUY AMERICAACT  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 ofTransportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and ofas satisfactory quality, or that inclusion of domestic materials will increase the cost ofthe 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 ofTransportation. 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 of2 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. Ifiti 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 33.3. The lower tier participant shall provide immediate written notice to the WTSC ifa at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason  CFR part 180 and 23 CFR part 1300.  debarment.  of changed circumstances.    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 int the 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enteri 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  Definitions and Covered Transactions sections of2 CFR part 180.  transaction, uniess 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 33.7. A participant in a covered transaction may rely upon a certification ofaj 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 ofits principals. Each participant may, but is not required to, check the List of Parties Excluded 33.8. Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render in good faith the certification required by this clause. The knowledge and information ofa participant is not required to exceed that which is normally possessed by a prudent person in the ordinary 33.9. Except for transactions authorized under paragraph 35.5. oft these instructions, ifa participant in a covered transaction knowingly enters into a lower tier covered transaction with aj 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  participants to comply with 2CFR part 180 and 23 CFR part 1300.  from Federal Procurement and Non-procurement Programs.  course oft business dealings.  remedies as appropriate. Transactions  Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered 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 33.11. Where the lower tier participant is unable to certify to any oft the statements in this certification, such  participation in this transaction by any federal department or agency. participant shall attach an explanation to this Agreement.    34.THE DRUG-FREE WORKPLACEACTOF 1988(41 U.S.C.8103)  34.1. The SUB-RECIPIENT shall:  34.1.1. Publish as statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance is prohibited in the workplace and shall specify the actions that 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 ofmaintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon 34.1.3. Make it at requirement that each employee engaged in the performance oft the grant be given a copy of 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. ofthis section that, as a condition ofemployment under the grant, the employee will abide by the terms ofthe 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 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. ofthis 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 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation ofall 35. FEDERAL FUNDING, ACCOUNTABILITY ANDTRANSPARENCYACTIFFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation oft the five most highly compensated officers ofthe entity, ifthe entity in the preceding fiscal year received 80 percent or more ofi its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and ift the public does not have access to information about the compensation oft the senior executives oft the entity through periodic reports filed under section 13(a) or 15(d) ofthe! Securities Exchange Act of1934 or section 6104 ofthe Internal Revenue Code of 1986.  will be taken against employees for violation ofs such prohibition.  employees for drug violations occurring in the workplace. the statement required by paragraph 36.1.1.ofthis section.  receiving actual notice ofs such conviction.  enforcement, or other appropriate agency.  ofthe paragraphs above.  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 bej paid, by or on behalf oft the undersigned, to any person fori influencing or attempting toi influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with the awarding ofa any federal contract, the making ofany federal grant, the making ofany federal loan, the    entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or 36.1.2.Ifany 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 ofany agency, a Member of Congress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- 36.1.3. The undersigned shall require that the language oft 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 oft this certification is aj 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 ofnot less than $I0,000 and not more than $100,000 for each  modification ofa any federal contract, grant, loan, or cooperative agreement.  LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.  such failure.  TANOADICAIMIPATONCTN. VI, 42 U.S.C. $ 2000d et seq.) 37.1. During the performance ofthis Agreement, the SUB-RECIPIENT agrees:  37.1.1.To comply with all federal nondiscrimination laws and regulations, as may be amended from time to 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 of49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources ofinformation, and its facilities as 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 contraclagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contraclagreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or inj part. 37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation foras sub-contract or sub-agreement that receives federal funds under this program.  time.  required by the WTSC, USDOT, orl NHTSA.  38. POLITICAL, ACTIVITY (HATCHACT)  The SUB-RECIPIENT will comply with provisions ofthe Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole ori in part with  federal funds.    39.] PROHIBITION ON USING GRANT FUNDSTOCHECK 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 ofH helmet usage or checkpoints, and sO fully complies with this requirement.  40.STATE LOBBYING  None ofthe 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 ofany 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 favoror  oppose the adoption ofas specific pending legislative proposal.  41.I DESIGNATED CONTACTS The Contact for the SUB- RECIPIENT is: Erik Koch Interim Chief ekoch@ephrata.org 509-754-2491  The following named individuals will serve as designated contacts for each oft the Parties for all  communications, notices, and reimbursement regarding this Agreement:  The Target Zero Manager for Region 15 is: Alison Mitchell Region 15 Target Zero Manager maison@gmai.com 509-681-0579  The Contact for WTSCis: Manny Gonzalez WTSC Program Manager mgomzalezgwsc.wagor 360-725-9888  42. AUTHORITYTOSIGN  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.  WASHINGTON TRAFFIC SAFETY COMMISSION  Signature Printed Name Title Date  Signature Printed Name Title Date    GITY OF EPHRATA    ANNUAL FALL LEAF PICK-UP 16-25 NOVEMBER 2020  This service is for City residents only.  Crews from Consolidated Disposal will make passes through each section oftown during the day. Crews may make passes in your neighborhood earlier in the week, in Leaves need to be bagged securely and placed on the curb, just off the street. ONLYLEAVES. No garden waste, garbage, or any other products.  addition to the indicated day.  Each bag may have to be opened by volunteers at a composting site. Garbage in the leaf The City Shop will be open, during business hours, until the 25th ofNovember for City  bags will end this service.  residents to drop off bagged leaves ifyou miss the free pick-up.  DAY MONDAY I6NOV.  SECTION NORTHEAST SECTION  PICKUP TIME 7:30A AFTER AM  TUESDAY 17NDV.  SOUTHEAST SECTION  7:30A AFTER AM  WEDNESDAY 18N NOV. THURSDAY 19NOV.  GRANDVIEW 8 NORTHWEST  730AM AFTER  SOUTHWEST SECTION  7:30AM AFTER  THURSDAY 19N NOV.  ORCHARD VW. ESWANSON  7:30AM AFTER    WFANFSNAY  MINNAY  THIIRSTAY  TUESDAY  THIIRSNAY  THIRSAAY    ECEIVET OCT 15 2020 U  Ephnato folice spaslanaat  Deaw ddurs Flrse  pLD this mony  twand b 'doy - * famdl.  2 Know yw ah Eans, 75 465 houseont  Ehe Lheen  wehin  a  menag hank  kFe Kulp    MPMORANDUM  To: From: Date: Re:  Mayor Reim, City Council and City Administrator Warren  Leslie' Trachsler, Finance Director Oct 16, 2020 3m Quarter Financial Report  TOTAL BUDGET OVERVIEW  Revenues are 17% below budget Expenses are 27% below budget Compared toi the same time frame for 2019: 2020 Revenues are 25% less than 2019 o 2020 Expenses are 44% less than 2019  PropertyTaxes are 18% below! budget. This is not alarming as the next big collection is October  GENERALF FUNDOVERVIEW  Revenues are 5% above projected Expenses are 11% below budget- - this is good  General Fund Cashl balance has seen an increase of 67% from January 1s1 to September 30h. * Sales Tax - revenue is 11% higher than the same period in 2019 and 13% above budget. Each month of this quarter, sales tax revenues were again at record highs for the same period of previous years. This is not reflective of the new. .02% sales tax for Public Safety implemented by the County. Wel have received 4 months of Building Permits/Plan Review Fees continue to exceeded projected budget for the year. Ini the 3rd quarter, permits were issued for eight new single family residences, Investment Interest is 40% above budget. In 2019 we diversified our investment portfolio and put a portion of our investable cash into long-term bonds with maturity dates spread out from 1-4 years. The Yield to Maturity Rate is currently 1.71%. Grant County Investment Pool and the Local Govemment Investment Pool interest  Highlights:  this revenue which are unbudgeted revenues. UtilityTaxes- revenues are on target at 1% above projected State Shared Revenues- are right on target at 2% above projected two residential remodels and one commercial remodel.  rate is slightly moret than 0.2%.  PARKI FUND OVERVIEW:  Revenues are 33% below! budget Expenses are 36% below budget  Cash balance is 28% higher than the January 2020 beginning balance. This is great news & Zero revenue in Pool fees ($143,700) = 13% of budgeted revenue (total Park Fund YTD Pool expenditures are: 2% of Pool budgeted expenses which is 30% of the total Park Fund Expenses. (Total pooll budget expense is $336,400/budgeted) revenue is $143,700) Total savings from not opening the pool is roughly $150,000 = there are still incidental Likewise Recreation Program Fees are down 30% and the corresponding expenses are  especially in light of reallocating a portion of property taxi tot the street fund.  Highlights: Revenue)  expenses like power andi insurance  down 31%    BOLD Program is showing revenues at 30% below budget and expenses 22% below budget. Recreation is working to revamp this programt to provide additional day care witha  more structured curriculum forf families Park! Maintenance Expenses are 43% below! budget  LIBRARY FUND OVERVIEW:  Revenues are 34% below budget Expenses are 22% below budget  Cash balance is -126% below January 2020. This is partially due to the fact that property tax revenues come in two big payments, May and November, and we have not yet transferred the REET dollars toc cover the re-roofing project. Transfer will occur before the end oft this month.  Re-Roof Project:  Work on the Library roof has begun and is going very well. Parapet wall was completed on October 2nd. The roofer will bet finished the end of this week - October 16th. Then the electrician will do his part and the job will bei finished. If all goes well,  the project should be complete by November 1st.  STREET FUND OVERVIEW:  Revenues are 4% below budget Expenses are 11% below budget  Cash Balance has increased 112% from January beginning balance. This is what we were  hoping to see with the reallocation of property tax.  Highlights:  Fuel Tax has again dropped considerably for. July through Sept from the same period The TBD Fund is right on target. The phase I of the Division Street Project is being combined with Phase II for construction in 2021. Design and Engineering is The reallocation of a portion of property taxes from Parks to Streets is off-setting the shortfall  in2019 of 34% anda a 3Quarter YTD total drop of 19% Beginning Fund Balance was 30% less thanl budgeted  proceedingi in2020. from thet fuel taxi revenues. WATERISEWER FUND OVERVIEW: Revenues are 6% above budget Expenses are 30% below budget  Cash Balance has seen a 62% increase from the Januaryl beginning balance  Highlights:  Water/Sewer fees are slightly above budget (4%)  Water/Sewer new connection fees are well above budget - 151% for water and 149% for sewer - reflective of the 14 new single family residence building permits issued for the year With the COVID-19 restrictions and the suspension of late fees the number of outstanding accounts are tracking closely to 2019. However the September, 2020 outstanding account Dollars saved by holding off on permanently filling the Police Chief position and not hiring the Staff has been very diligenti in monitoring their expenses as noted bye expenses being 44% less Reimbursement from the CARES Grant of $180,000 was allocated back to the funds where  balances are a surprisingly 7% less the same period for 2019.  Alli inall, ther measures implemented by Council continue tol have a positive effective.  additional position ini the Public Works Department Suspended replacement of non-essential equipment  than 2019 expenses occurred  RECOMMENDATIONS MOVING FORWARD:  Continue to hold thel line on non-essential spending Continue to closely monitor revenues closely    DATE: October21,2020 ITEM: City Administrator's Report  SUMMARY BUDGET IMPACTS  1. City of Ephrata Staff Report. Thisi is a check off report to ensure that the staffhave completed the necessary steps prior to submitting an item to the Council.  1. N/A  lfyou have any questions, concerns, or require additional information; please contact me prior t0 the meeting.    EPHRATA  CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City Manager  To: From: Date: Proceeding Type: Subject:  Legislative History:  First Presentation: Second Presentation: Requested Action: Staff Report Summary Discussion/Analysis Staff Recommendation Financial Implications Attachments A, B. C.  Pageiof2    Legal Review  The following documents are attached and subject tol legal review:  Date Reviewedby Legal Counsel  Type of Document  Title of Document  Page2 2of2