HomeMy WebLinkAboutPD15-216 - Original - Washington Traffic Safety Commission - MOU: Target Zero Distracted Driving - 04/12/2015 fie"§,''
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Washington Traffic Safety Commission
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Vendor Number:
ID Edwards Number
Contract Number. y Y
This is assigned by City Clerk's Office
Project Name: Memorandum of Understanding Target Zero Distracted Driving
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Memorandum of Understanding
Contract Effective Date: April 12, 2015 Termination Date: 9/30/15
Contract Renewal Notice (Days): None
Number of days required notice for termination or renewal or amendment
Contract Manager: Sara Wood Department: Police
Contract Amount: $3,000
Approval Authority: (CIRCLE ONE) "Department Director , sMyp ,) City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
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As of: 08/27/14
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MEMORANDUM OF UNDERSTANDING,. T ri-I I(li t Cy
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the Kent Police Department (Agency) and the Washington Traffic Safety
Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols, in support of Target Zero priorities. The Target Zero
Managers and Law Enforcement Liaisons assigned to your county shall
coordinate the Scope of Work as outlined below:
TERM: April 1, 2015 - September 30, 2015
AMOUNTS
King County Distracted Driving Funding: $3,000.00
CFDA#:
ao- blue
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0000552--00
(Agency) Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL: To reduce traffic related deaths and serious injuries by engaging in
multijurisdictional HVE patrols in the areas of cell phone distraction among drivers.
2. SCOPE OF WORK:
Distracted Driving:
Agency will engage in multijurisdictional HVE cell phone distraction-focused patrols
on some or all of the following dates:
Primary Campaigns: May 31 —June 13, 2015 and September 13 —26, 2015;
Funds permitting (not guaranteed), the TZM may coordinate other patrols during this
MOU term. These patrols shall occur where the highest rates of cell phone use
among drivers occur in your geographic area of King County. Agency agrees to
take a zero tolerance approach to cell phone-related distraction violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the cell
phone distraction patrol shifts.
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3. CONDITIONS:
Agency will deploy highly skilled officers in coordination with other King County law
enforcement agencies and the King County Target Zero Task Force to generate the
highest amount of deterrence possible, Officers working the overtime will conduct a
minimum of three (3) self-initiated contacts per hour.
These are enforcement activities intended to apprehend cell phone distracted
drivers. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at
contact unless circumstances dictate otherwise.
All of these patrols are conducted as part of highly publicized efforts. As such,
publicity campaigns about these patrols are planned to alert the public to the fact
that extra patrols are targeting these violations. Therefore, Agency must assist
Target Zero Managers with media requests and questions.
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime
basis (not to exceed 1.5 times their normal salary and benefits) to participate in
these emphasis patrols.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI or other arrest processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for
work on this project providing Agency has received prior approval from their local
Target Zero Manager.
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Upon agreement by the Agency and the local Target Zero Manager, the distraction
allocation may be increased or decreased without amending this agreement
PROVIDED THAT the increase in the allocation does not exceed 50% of the original
agreed amount for the specific emphasis area. Any increase in allocation exceeding
50%will require an amendment to this document.
9. PERFORMANCE STANDARDS:
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a. Participating law enforcement officers are required to make a minimum of 3
self-initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time-consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include;;
a. Invoice Voucher(All 9-1A Form)._
1) Agency identified as the "Claimant"
2) Statewide Vendor Number (bottom of Claimant box)
3) A Federal Tax ID#,
4) Original signature of the agency head, command officer or
contracting officer.
5) Other information denoted by arrows on the form
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The
Target Zero Manager will forward these documents to WTSC for processing and
payment.
11. DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from April
1, to June 30, must be received by WTSC no later than August 15, 2015:
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2015.
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
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13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
15. BUY AMERICA ACT: The Agency will comply with the provisions of the Buy
America Act (49 U.S.C. 53230)), which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be
purchased with Federal funds unless the Secretary of Transportation determines that
such domestic purchases would be inconsistent with the public interest, that such
materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25
percent. Clear justification for the purchase of non-domestic items must be in the form
of a waiver request submitted to and approved by the Secretary of Transportation.
16. DEBARMENT AND SUSPENSION: Instructions for Lower Tier Certification
a. By signing and submitting this proposal, the Agency (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set
out below.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
d. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction, principal,
proposal, and voluntarily excluded, as used in this clause, have the meanings set
out in the Definition and Coverage sections of 49 CFR Part 29. You may contact
the person to whom this proposal is submitted for assistance in obtaining a copy
of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is proposed for
debarment under 48
f. CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
g. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment,
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Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
h. 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
i. 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.
j. 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.
k. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
17. FEDERAL LOBBYING: The undersigned certifies, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. 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,
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grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all sub-award at all tiers (including subcontracts,
subgrants, and contracts under grant, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
18. NONDISCRIMINATION: The Agency will comply with all Federal statutes and
implementing regulations relating to nondiscrimination. These include but are not limited.
to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683
and 1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C.
12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR
Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-
aid recipients and all subrecipients to prevent discrimination and ensure
nondiscrimination in all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42
U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse
patient records;
(i) Title Vill of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.),
relating to nondiscrimination in the sale, rental or financing of housing;
0) any other nondiscrimination provisions in the specific statute(s) under which j
application for Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the Agency is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the Agency may be declared ineligible for further
contracts with the WTSC. The Agency shall, however, be given a reasonable time in
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which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
19. POLITICAL ACTIVITY (HATCH ACT): The Agency will comply with provisions of
the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds,
20. STATE LOBBYING: None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local legislator to favor or
oppose the adoption of any specific legislative proposal pending before any State or
local legislative body. Such activities include both direct and indirect (e.g., "grassroots")
lobbying activities, with one exception. This does not preclude a State official whose
salary is supported with NHTSA funds from engaging in direct communications with
State or local legislative officials, in accordance with customary State practice, even if
such communications urge legislative officials to favor or oppose the adoption of a
specific pending legislative proposal.
IN TN HEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
K nt oli a Department Washing on Traffic Safety
Signature Commission Signature
3- 13- I q[&k;��
(Date) (Date)' r
Agency Address (where fully executed copy of this document will be mailed):
-Street
City, State Zip Attn:
Please return this signed MOU to your Target Zero Manager:
John Pagel TZM A roved
Kent Police Department
220 4a' Avenue South Date 3-
Kent, WA 98032 Initials,
Target Zero Manager will process and forward this signed document to WTSC
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