HomeMy WebLinkAboutPD15-330 - Original - Washington Traffic Safety Commission - High Visibility Traffic Enforcement Hot Spots - 10/01/2015 5
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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
Vendor Number:
JD Edwards Number
Contract Number: ?D€15 w-
This is assigned by City Clerk's Office
Project Name: High Visibility Traffic Enforcement in Hot Spots
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Interagency Grant Agreement
Contract Effective Date: October 1, 2015 Termination Date:
September 31, 2016
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Sara Wood Department: Police
Contract Amount: Grant $33,400
Approval Authority: ❑ Department Director ® Mayor ❑ 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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INTERAGENCY AGREEMENT rfa[,,C Sc f�t�
BETWEEN
KENT POLICE DEPARTMENT AND
WASHINGTON TRAFFIC SAFETY COMMISSION
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THIS AGREEMENT is made and entered into by the Kent Police Department, hereinafter referred to as
"CONTRACTOR," and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC."
THE PURPOSE OF THIS AGREEMENT is to provide funding for the Kent Police Department to conduct a
DDACTS(Data Driven Approaches to Crime and Traffic Safety) program.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The CONTRACTOR shall complete the deliverables as described in the Statement of Work attached as Exhibit
A.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on October 1, 2015 and remain in effect until
September 30, 2016 unless terminated sooner, as provided herein.
COMPENSATION
Compensation for the 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 Statement of Work will not exceed
$33.400.00 THIRTY THREE THOUSAND FOUR HUNDRED DOLLARS If the CONTRACTOR intends to
charge indirect costs, submission of a cost allocation plan or a Federal cognizant agency letter is required.
Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually
agree to a higher amount. The following summarizes total project costs under this Agreement.
Summary of Costs Amount
Employee salaries and benefits $23,400
36 overtime hours of traffic enforcement each month.
Contract Services
(usually involves a 3rd party service provider) $10,000
Media/ ubfic education and outreach strategies
TOTAL $33,400
STATE AND FEDERAL TERMS AND CONDITIONS:
ACTIVITY REPORTS
The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this project in the
form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B,
Final reports are to be detailed and must describe whether the project objectives were accomplished, if
technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or
probably will result. Included in the final report will be copies of publications, training reports and any statistical
data generated in project execution. The final report is to be submitted to WTSC within 30 days of termination
of this Interagency Agreement.
I
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be
made by the WTSC.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto,
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the party, which
consent shall not be unreasonably withheld. The CONTRACTOR shall provide the WTSC a copy of all third-
party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit
A. All third-party awards must allow for the greatest practical competition in accordance with applicable
procurement rules and procedures.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own
attorney fees and costs.
BILLING PROCEDURE
The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to WTSC
monthly. All invoices for reimbursement shall be submitted using the A-19 attached as Exhibit C or its pre-
approved equivalent. Payment to the CONTRACTOR for approved and completed work will be made by
warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the
Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date
of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be
received by WTSC no later than August 15. All invoices for goods or services performed on or prior to
September 30, must be received by WTSC no later than November 15.
BUY AMERICA ACT
The CONTRACTOR 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 agreement 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.
CONFIDENTIALITY/ SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or information which may
be classified as confidential, for any purpose not directly connected with the administration of this agreement,
except with prior written consent of the WTSC, or as may be required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49 CFR Part 18
for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-
122 for nonprofit entities. The CONTRACTOR shall not utilize Federal grant funds to replace routine and/or
existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general
i
expenses required to carry out the overall responsibilities of State, local, or Federally-recognized Indian tribal
governments.
COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or
secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
CONTRACTOR for the purpose of securing business. The WTSC shall have the right, in the event of breach
of this clause by the CONTRACTOR, to annul this agreement without liability or, in its discretion, to deduct
from the agreement price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the CONTRACTOR (hereinafter in this section referred to as
"prospective lower tier participant") is providing the certification set out below.
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2. The certification in this clause is a material representation of fact upon which reliance was placed when this j
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.
3. 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.
4. 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.
5. 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
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.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "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. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render In good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. 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.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board
shall review the facts, agreement terms and applicable statutes and rules and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an
alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW
43.17.330, in which event the Governor's process will control.
DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the
CONTRACTOR shall publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the
actions that will be taken against employees for violation of such provision. The CONTRACTOR shall
establish a drug-free awareness program and require that employees provide notification of any criminal drug
statute conviction for a violation occurring in the workplace no later than five days after such incident. The
CONTRACTOR shall notify WTSC within ten days after such notification by an employee engaged in the
performance of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against
such employee, up to and including termination, and require the employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law
enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received-
1. 80 percent or more of its annual gross revenues in Federal awards;
II. $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior executives of the
entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or
section 6104 of the Internal Revenue Code of 1986;
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. 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.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute
or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable state and federal statutes and rules;
b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Agreement;
d. Any Statement of Work executed under this Agreement; and
e. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Income earned by the CONTRACTOR with respect to the conduct of the Statement of Work (e.g. sale of
publications, registration fees, service charges) must be accounted for and income applied to project purposes
or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless state,
agencies of state and all officials, agents and employees of state, from and against all claims for injuries or
death arising out of or resulting from the performance of the Agreement. The CONTRACTOR's obligation to
indemnify, defend, and hold harmless includes any claim by the CONTRACTOR's agents, employees,
representatives, or any subcontractor or its employees.
The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the state for any claim arising
out of or incident to CONTRACTOR's or any subcontractor's performance or failure to perform the Agreement.
The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless state and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or
agents of the other party.
INDUSTRIAL INSURANCE COVERAGE
The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the
CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of
its employees as may be required by law, the WTSC may collect from the CONTRACTOR the full amount
payable to the Industrial Insurance accident fund. The WTSC may deduct the amount owed by the
CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the WTSC under this
Agreement, and transmit the deducted amount to the Department of Labor and Industries, (L&1) Division of
Insurance Services. This provision does not waive any of L&I's rights to collect from the CONTRACTOR.
LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements/standards, necessary for the performance of this Agreement.
NONDISCRIMINATION
The CONTRACTOR 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 VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et sec.), relating to
nondiscrimination in the sale, rental or financing of housing;
0) any other nondiscrimination provisions in the specific statute(s) under which 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 CONTRACTOR is in non-compliance or refuses to comply with any nondiscrimination law,
regulation, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the
CONTRACTOR may be declared ineligible for further contracts with the WTSC. The CONTRACTOR shall,
however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in
accordance with the "Disputes" procedure set forth herein.
POLITICAL ACTIVITY(HATCH ACT)
The CONTRACTOR 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.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the
service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both
parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized by law. All books, records, documents, and other material relevant to this Agreement will be
retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials during this
period.
ill
Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will
remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or
make available this material to any third parties without first giving notice to the furnishing party and giving it a
reasonable opportunity to respond, Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third parties.
REGISTRATION WITH DEPARTMENT OF REVENUE
The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this Agreement.
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its officers, or to any
other authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement.
The CONTRACTOR shall make available information necessary for WTSC to comply with the client's right to
access, amend, and receive an accounting of disclosures of their Personal Information according to the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to
the HIPAA provisions and applicable provisions of Washington State law. The CONTRACTOR shall upon
request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all
internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of
Personal Information obtained or used as a result of this Agreement.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire' as defined by the
U.S. Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event the Materials
are not considered "works for hire" under the U.S. Copyright laws, the CONTRACTOR hereby irrevocably
assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from
the moment of creation. Data shall include, but not be limited to data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound
reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these
rights.
The CONTRACTOR 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 the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or
invention derived from work performed under this project shall be referred to the WTSC, who will determine
through NHTSA whether patent protections will be sought, how any rights will be administered, and other
actions required to protect the public interest.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Agreement and prior to normal completion, the WTSC may terminate the Agreement
under the "Termination for Convenience" clause, without the ten day notice requirement, subject to
renegotiation at the WTSC's discretion under those new funding limitations and conditions.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without
the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable.
SITE SECURITY
While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors shall conform in all
respects with physical, fire or other security policies or regulations.
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,
TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or
other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If
this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement,
or if either party violates any of these terms and conditions, the aggrieved party will give the other party written
notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or
failure within fifteen (15) working days. If failure of violation is not corrected, this Interagency Agreement may
be terminated immediately by written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice, beginning on the
second day after the mailing, terminate this Agreement in whole or in part. If this Agreement is so terminated,
the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or
goods delivered prior to the effective date of termination.
TREATMENT OF ASSETS
1 Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a
direct item of cost under this Agreement, shall pass to and vest in the WTSC upon delivery of such
property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the
CONTRACTOR under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of
such property in the performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or(iii) reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided herein or
approved by the WTSC, be used only for the performance of this Agreement.
3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results
from the negligence of the CONTRACTOR or which results from the failure on the part of the
CONTRACTOR to maintain and administer that property in accordance with sound management practices.
4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the
WTSC and shall take all reasonable steps to protect the property from further damage.
5, The CONTRACTOR shall surrender to the WTSC all property of the CONTRACTOR prior to settlement
upon completion, termination or cancellation of this Agreement.
6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's employees,
agents or Subcontractors.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a writing signed by an authorized representative of the party and attached to the
original Agreement.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each of the parties, for all
communications and billings regarding the performance of this Agreement:
The Contact for the CONTRACTOR is: The Contact for WTSC Is:
Edica Esqueda, Program Manager
Washington Traffic Safety Commission
eesqueda@wtso.wa.gov
621 8th AVeIPOB 40944
Olympia, WA 98504
(0) 360-725-9886
(F) 360-586-6489
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF KENT POLICE DEPARTMENT
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WASHHIIN'/G/TON TRAFFIC SAFETY COMMISSION
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Chris Madill
Printed Name
DeputV Director
Title Date
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Exhibit A
SUMMARY
The Kent Police Department will deploy high visibility enforcement in three geographic"hot spot" areas
determined by traffic collisions, DUI arrests, other traffic enforcement issues, and overall crime statistics.
Kent Police will utilize Data Driven Approaches to Crime and Traffic Safety (DDACTS) to improve traffic
safety priority one issues in Kent and reduce crime statistics and trends.
PROJECT GOALS
A. Decrease overall traffic incidents most likely to cause serious injuries or fatalities in Kent.
B. Decrease crime incidents in three identified "hot spot" areas in Kent.
C. Increase the number of driver contacts by law enforcement officers in "hot spot" areas.
D. Increase high visibility traffic enforcement and community outreach and education to reduce dangerous
driving and criminal behaviors.
E. Increase collaboration between Kent Police Department's Neighborhood Response Team and Traffic
Unit.
STRATEGIES
A. Conduct high visibility traffic enforcement in each "hot spot" area a minimum of one time per month
(Target Zero Plan Proven Strategy). Enforcement will be focused on speed, impairment, and red-light
running/intersections as identified as Priority One Kent traffic focus areas based on data from the 2009-
2013 Fatality Analysis Reporting System (FARS).
B. Utilize the DDACTS concept in each "hot spot" area to decrease traffic incidents and crime (Target Zero
Plan Recommended Strategy).
C. Educate the public about the dangers of excessive speed, impaired driving, and the intermediate
driver's license (Target Zero Plan Recommended Strategy).
D. Utilize the South King County Target Zero Task Force, Manager, and Community Education
Coordinator to promote the ongoing high visibility enforcement operations and to promote traffic safety
and crime prevention. The high visibility enforcement work will be assisted by other community partners
from local government, schools, local businesses, and residents to aid in developing educational
resources to increase message reach. Campaign materials and outreach may include social media,
billboards, public service announcements, and paid media buys (Target Zero Plan Recommended
Strategy).
DELIVERALBES
DELIVERABLES DATE
Initiate first Kent PD DDACTS Team Meeting to establish
baseline crime and traffic data, develop HVE monthly staffing October 1, 2015
schedule, and community outreach/media plan
Media buy to promote high visibility enforcement. Begin other October 26, 2015
community outreach in "hotspots"
Implement high visibility enforcement in "hot spot" location, November 2015—
aiternatin "hot spoVevery week September 2016
DDACTS Team Meeting to assess traffic and crime statistics.
Adjust patrol schedule after first round of high visibility December 1, 2015
enforcement in each "hotspot"
DDACTS Team Meeting to analyze traffic and crime data to January 2016
assess impact and make adjustments
Submit 15t quarter report to VUTSC January 15, 2016
DDACTS Team Meetings to analyze traffic and crime data to February-March 2016
assess impact and make adjustments
Analyze traffic and crime data to assess impact high visibility April 8, 2016
enforcement has on statistics
Submit 2"d quarter report to WTSC April 15, 2016
DDACTS Team Meetings to analyze traffic and crime data to April — June 2016
assess im act and make adjustments
Complete reimbursement invoice processing for enforcement
and education contracts for activities from October 2015 — July S, 2016
June 2016
Submit 3rd quarter report to WTSC July 15, 2016
DDACTS Team Meetings to analyze traffic and crime data to July— September
assess impact and make adjustments 2016
Complete reimbursement invoice processing for enforcement
and education contracts for activities from July— September October 10, 2016
2016
Submit 0 quarter report to WTSC October 14, 2016
Submit Final Project Report to WTSC October 31, 2016
EVALUATIONS
Each of the five project goals follow the SMART model. Project goals will be evaluated monthly to quantify
the effect of the high visibility enforcement on traffic incidents and overall crime statistics. Kent Police
Department's crime analyst will run monthly crime statistics in each "hot spot" area and these numbers will
be compared to the baseline data ran in October 2015. Kent's crime analyst will run traffic collision reports
monthly in each "hot spot" to assess the effect the patrols have on overall traffic safety issues. The
baseline and monthly reports will be shared with the officers who work extra enforcement in each"hot
spot".
The number of contacts will be increased and reported by officers deployed for high visibility enforcement
in each "hot spot" area. They will be required to complete the patrol activity log and submit to the South
King County Target Zero Manager who will enter the results from each officer's patrol. Officers working
discretionary time in the"hot spot" area will also complete a log for the time spent in the "hot spot" area.
The number of hours worked, contacts made, warnings, citations, and crime related violations will be
tracked by the Target Zero Manager and will be reported to WTSC during each quarterly report. The Target
Zero Manager will also provide updates to the King County Target Zero Task Force keeping other agencies
updated on progress and assist jurisdictions interested in implementing their own DDACTS projects.
The Kent PD DDACTS team includes the Traffic Commander, Traffic Sergeant, Neighborhood Response
Team Sergeant, South King County Target Zero Manager, Crime Analyst, and Research and Development
Analyst, who will serve as the fiscal agent overseeing budget for this grant project. Using crime data, traffic
collision information, and the patrol activity logs, the Kent PD DDACTS team will meet monthly to discuss
the project, adjust patrols and plans as needed, and identify the community outreach and education
needed to complement high visibility enforcement and to meet the education component of DDACTS. Upon
completion of this project, Kent Police will have valuable data collected from this one year project so that
other jurisdictions may be able to replicate similar strategies to decrease traffic crashes and crime and
provide overall evaluation of the DDACTS concept.
BUDGET
This grant will fund overtime enforcement, education, and outreach components of DDACTS to
include high visibility traffic enforcement and traffic/crime statistics analysis. Approximately 36
overtime hours of traffic enforcement will be conducted each month. Officers will rotate between
the three "hot spot" locations each week. A total of $23,400 will fund overtime enforcement.
In addition to the overtime dollars, Kent police officers on regular duty assigned to sectors of the
city where the "hot spot" locations are located, will spend at least one hour of discretionary time
per week conducting traffic enforcement in support of this grant application. These hours are
included in the match estimate on page 1 of the grant application ($5,000 or 125 regular patrol
hours). The South King County Target Zero Manager will serve as the liaison with Washington
State Patrol who will be notified of the enforcement schedule and invited to participate in the
patrols. Two of the "hot spot' locations are located along the Benson Highway (100/108th), a
designated state roadway.
A total of$10,000 will fund production and dissemination of traffic safety and crime prevention
materials in support of the high visibility enforcement conducted as part of DDACTS. The South
King County Target Zero Manager will be responsible for purchasing media buys promoting the
enforcement and for creating and distributing messaging related to crime prevention and traffic
safety. The messaging will occur via social media, on billboards, in the Kent Reporter, weekly
crime statistic emails sent to the public, and other strategies identified by community members
and the department. All outreach and education will correspond with the extra patrols and will
target populations living in the "hot spot' areas to include apartments, businesses, and other
community organizations. We budgeted $10,000 for the media/outreach component to be in line
with the best practice enforcement to education dollar ratio for high visibility enforcement.
Summary of Costs Amount
Employee salaries and benefits $23,400
36 overtime hours of traffic enforcement each month.
Contract Services
(usually involves a 3`d party service provider) $10,000
Media/public education and outreach strategies
TOTAL $33,400
REQUEST FOR MAYOR'S SIGNATURE
U
® Print on Cherry Colored Paper'
KEPT
Y/n
Routing Information (ALL REQUESTS MUST fIRST BE ROUTED THROUGH THE LAW DEPARTMENT)..,
Approved by Director_
Originator:Sara Wood Phone (Originator):x5856
Date Sent:September 23 2015 1: Date Required:September 30 2015
Return Signed Document to:Sara wood Contract Termination Date:N/A
VENDOR NAME, f q Date Finance Notified: q
I r `t ' � (Only requiredon contracts 9/30/ 1
d 1 _; t
{ 't` � $10 000 and over or on an Grant
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: '
N/A Re uired on Non-City Standard Contracts/Agreements)
Has this Document been Specifically Account Number: NOOOxx
Authorized in the Budget? ® YES 0 NO
Brief Explanation of Document:
The Kent Police Department received a grant in the amount of$33,400 to conduct high visibility
traffic enforcement in three "hot spot" areas identified as such by crime stats and traffic serious
injuries and fatalities. This is a one year grant project. Funding will be used to pay officer overtime
and education/media work. Funding begins October 1, 2015 and runs through September 30, 201&
All Contracts Must Be Routed Through The Law Department
(This area to lieYcompleted by„t4,�Law Department)
Received; �J >
Approval of Law Dept.: t/ /
' Law-De
a orwarded to Mayor; fit,
Shaded Areas To Be Completed By Administration Staff
Received,
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Disposition:�r . f
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Date Returned:
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