HomeMy WebLinkAboutPD16-024 - Original - Washington Traffic Safety Commission - 2016 Target Zero Enforcement Overtime - 10/01/2015 i
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W A.9HINGTON I
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: ?';? t0--09
This is assigned by City Clerk's Office
Project Name: 2016 Target Zero Enforcement Overtime
Description: X Interlocal Agreement ❑ Change Order ❑ Amendment Contract
❑ Other:
Contract Effective Date: 10/1/2015 Termination Date: 9/30/2016
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: $21,100
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This contract provides overtime enforcement funding for traffic safety work.
As of: 08/27/14
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INTERAGENCY AGREEMENT SFA
BETWEEN ?ply
POLICEKENT WASH NGTONTRAFFIC SAFEIY COMMISSION
THIS AGREEMENT is made and entered into by and between the Kent Police Department,
hereinafter referred to as"AGENCY," 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 multijurisdictional, high visibility enforcement (HVE) traffic safety emphasis patrols(as
outlined in Exhibit A), in support of Target Zero priorities. The Target Zero Manager(TZM)
and/or Law Enforcement Liaison (LEL) assigned to the AGENCY's county shall
coordinate the Scope of Work as outlined below with the goal of reducing traffic related
deaths and serious injuries.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The AGENCY shall conduct specific HVE patrols as described in the Statement of Work
attached as Exhibit A and as coordinated by the local TZM and/or LEL
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 AND CONDITIONS
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 $21,100.00. Funds breakdown into the following enforcement overtime
categories:
Impaired Driving Patrols: $9200.00
Grant Award # MAP-21 Section 405d; CFDA#20.616
Statewide Seat Belt Patrols: $1600.00
Grant Award # MAP-21 Section 405b; CFDA#20,616
Statewide Distracted Driving Patrols: $1500.00
Grant Award#Section 402; CFDA#20.600
Flex Funding: $4900.00
(Local DUI, Speed, Distracted, and Seat Belt Patrols)
Grant Award # Section 402; CFDA# 20.600
Grant Award # MAP-21Section 405d; CFDA# 20.616
Motorcycle Safety: $4000.00
Grant Award # Section 402; CFDA#20.600
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These funds shall not be commingled and are only to be
utilized for the specified emphasis area.
SWV 0000652-00
(Agency) Statewide Vendor Number
PARTICIPATION REQUIREMENTS AND CONDITIONS;
For each of the emphasis patrols listed above, Multiturisdictional High Visibility
Enforcement Protocols, as outlined in Exhibit B of this document, will be followed.
Exceptions to these protocols may only be provided by the WTSC Program Manager.
Standardized Field Sobriety Testing (SFST) Training Requirement
The AGENCY certifies that all officers participating in traffic safety emphasis patrols are
SFST trained. To meet this requirement:
• Officer must be BAC certified and have passed the SFST refresher
training within the prior three years, or
• Officer must have successfully completed Advanced Roadside Impaired
Driving Enforcement (ARIDE), or
• Officer must be a certified Drug Recognition Expert.
SHIFT LENGTH: The AGENCY 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 because of DUI processing, etc.)
RESERVE OFFICERS: The 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. Reserve
officers may only be paid at the normal hourly rate and not at the 1;5 overtime rate.
DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this
project providing Agency has received prior approval from the designated TZM.
ALLOWABLE COSTS: The AGENCY will provide commissioned law enforcement with
appropriate equipment(vehicle, radar, PBTs etc.)to participate in the emphasis patrols. WTSC
Will reimburse for overtime at 1.5 times officer's normal rate plus AGENCY's contributions to
employee benefits including FICA, Medicare, Worker's Compensation and unemployment. The
total cost of salary and benefits shall not be exceeded in any one funding category and funds
may not be commingled between campaign areas.
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PERFORMANCE STANDARDS
Participating law enforcement officers are required to make a minimum of 3 self-initiated
contacts per hour of enforcement. Some violator contacts may result in related, time-consuming
activity. This activity is reimbursable. Other activities, such as collision investigation or
emergency response that are not initiated through emphasis patrol contact WILL NOT be
reimbursed,
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BILLING PROCEDURE
The AGENCY 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 AGENCY 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 July 31. All
invoices for goods or services performed on or prior to September 30, must be received by
WTSC no later than November 15.
Claims for reimbursement must include:
a. invoice Voucher(A19 Form).
1) Agency identified as the "Claimant"
2) Statewide Vendor Number
3) Federal Tax ID
4) Original signature of the agency head, command officer or
contracting officer, and
5) Other information denoted by arrows on the form.
b. Payroll support documents (WTSC Proof Of Overtime Form, signed overtime slips, or other
agreed upon payroll documentation.)
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
The Invoice Voucher(A19 Form), payroll supporting documents, and Emphasis Patrol Activity
Logs shall be submitted to the appropriate TZM or LEL for review and approval. The TZM will
forward these documents to WTSC for processing and payment.
OVERTIME REPORTING
The AGENCY agrees to have all personnel who work HVE patrols complete officer Emphasis
Patrol Activity Logs and submit to the local TZM or LEL within 48 hours of the end of all shifts
worked. These same logs will also be part of the required back-up attached to reimbursement
requests as outlined above (detailed above.)
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
contract shall be made by the WTSC.
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AGREEMENT ALTERATIONS AM)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. Upon agreement by the AGENCY and the local TZM, allocation categories 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 category, Any
increase in allocation exceeding 50%will require an amendment to this document.
STATE AND FEDERAL TERMS AND CONDITIONS
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 AGENCY 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 contract terms, each party agrees to
bear its own attorney fees and costs.
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.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The AGENCY shall not use or disclose any information concerning the WTSC, or information
which may be classified as confidential, for any purpose not directly connected with the
administration of this contract, except with prior written consent of the WTSC, or as may be
required by law.
COST PRINCIPLES
Costs incurred tinder 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
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institutions, and OMB Circular A-122 for nonprofit entities. The AGENCY 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 expenses required to carry out
the overall responsibilities of State, local, or Federally-recognized Indian tribal governments.
COVENANT AGAINST CONTINGENT FEES
The AGENCY warrants that no person or selling agent has been employed or retained to solicit
or secure this contract 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 AGENCY for the purpose of securing business. The WTSC shall have the
right, in the event of breach of this clause by the AGENCY, to annul this contract without liability
or, in its discretion, to deduct from the contract 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 AGENCY (hereinafter in this section referred to
as"prospective lower tier participant") is providing the certification set out below.
2. 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.
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
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48 CFR Part 9, subpart 9A, 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 Partles 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 9A, 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 AGENCY 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 AGENCY 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 AGENCY shall notify WTSC
within ten days after such notification by an employee engaged in the performance of the grant.
Within 30 days,the AGENCY will take appropriate personnel action against such employee, up
to and including termination, and require the employee to participate satisfactorily in a drug
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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 AGENCY shall, upon request, provide WTSC the names and
total compensation of the five most highly compensated officers of the entity if:
(1) 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:
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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
makingor entering into this transaction imposed g mp sed 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;
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b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Contract;
d. Any Statement of Work executed under this Contract; and
e. Any other provisions of the agreement, including materials incorporated by reference,
INCOME
Income earned by the AGENCY 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 AGENCY 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 Contract. The
AGENCY's obligation to indemnify, defend, and hold harmless includes any claim by the
AGENCY's agents, employees, representatives, or any subAGENCY or its employees
The AGENCY expressly agrees to Indemnify, defend, and hold harmless the state for any claim
arising out of or incident to AGENCY's or any subAGENCY's performance or failure to perform
the Contract. The AGENCY's obligation to indemnify, defend, and hold harmless the state shall
not be eliminated or reduced by any actual or alleged concurrent negligence of state or its
agents, agencies, employees and officials,
The AGENCY 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.
LICENSING. ACCREDITATION AND REGISTRATION
The AGENCY shall comply with all applicable local, state, and federal licensing, accreditation
and registration requirements/standards, necessary for the performance of this contract.
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;
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(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;
(1) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, at seq.), relating to
nondiscrimination in the sale, rental or financing of housing;
Q) 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.
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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,
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.
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.
RIGHT OF INSPECTION
The AGENCY shall provide right of access to its facilities to the WTSC, or any of its officers, or
to any other authorized agent or official of the state of Washington or the federal government, at
all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this contract.
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The AGENCY 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 AGENCY 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 contract.
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 AGENCY 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 AGENCY 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 contract and prior to normal completion, the WTSC may
terminate the contract 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.
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
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practice, even if such communications urge legislative officials to favor or oppose the ado p
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 AGENCY or its staff shall be the sole responsibility of the
AGENCY,
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 contract, the WTSC may, by 10 days written notice,
beginning on the second day after the mailing, terminate this contract in whole or in part. If this
contract is so terminated, the WTSC shall be liable only for payment required under the terms of
this contract for services rendered or goods delivered prior to the effective date of termination.
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 AGENCY, for the cost of which the AGENCY is entitled to be
reimbursed as a direct item of cost under this contract, shall pass to and vest in the WTSC
upon delivery of such property by the AGENCY. Title to other property, the cost of which is
reimbursable to the AGENCY under this contract, shall pass to and vest in the WTSC upon
(i) issuance for use of such property In the performance of this contract, or (ii)
commencement of use of such property in the performance of this contract, or (111)
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 AGENCY shall, unless otherwise provided herein
or approved by the VVTSC, be used only for the performance of this contract.
3. The AGENCY shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the AGENCY or which results from the failure on the part of
the AGENCY to maintain and administer that property in accordance with sound
management practices.
4. If any WTSC property is lost, destroyed or damaged, the AGENCY shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
5. The AGENCY shall surrender to the WfSC all property of the AGENCY prior to settlement
upon completion, termination or cancellation of this contract.
6. All reference to the AGENCY under this clause shall also include AGENCY's employees,
agents or SubAGENCYs.
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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 AGENCY is: The Contact for WTSC is:
Name: Mike Schanbachar Angie Ward
Title: Sergeant Program Manager
Mailing 220 4'Avenue South PO Box 40944
Kent, WA 98032 Olympia,WA 98501-0944
Phone: 253-856-5825 (360) 725 9888
Email: mschanbacher@kentwa.gov award@wtsc,wa.gov
IN WITNESS WHEREOF,the parties have executed this Agreement.
kKETO E DEPARTMENT
Printed Name t
CVX eF Qu,iC� o�tot�� is
T1tte Date
WASH[ GTON TRAFFIC-SAFETY COMMISSION
Signature
Chris Madill
Panted Name
Deputy Director 9 ��
Title ate
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Exhibit A
STATEMENT OF WORK
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1. GOAL: To reduce traffic related deaths and serious injuries through aggressive
impaired driving, occupant protection, speeding, motorcycle safety, and distracted
driving multijurisdictional HVE patrols.
2. SCOPE OF WORK:
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols, as part of the national effort,
for all or part of the following dates:
Holiday DUI Patrols; November 25, 2015—January 1, 2016
Drive Sober or Get Pulled Over Labor Day DUI Crackdown;
August 19—September 5, 2016.
These DUI 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. Whenever possible statewide mobilization patrols shall begin after 4:00
p.m. and will occur Friday-Sunday.
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 DUI
patrols.
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Funds permitting, the local Task Force may coordinate local HVE DUI patrols during
the contract period. Dates may not coincide with any national/statewide or other
local flex patrols. Dates of local patrols will be reported in advance to the WTSC on
a quarterly basis by the county Target Zero Manager. Only work done on Task
Force/TZM pre-approved dates will be considered for reimbursement.
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or
all of the following dates as part of the national effort:
Click it or Ticket - May 23—June 5, 2016
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. Whenever possible these patrols shall occur in areas with the lowest seat
belt use. Ideally, these patrols will not begin before 4:00 pm.
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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 seat
belt patrols.
Funds permitting, the local Task Force may coordinate local HVE seatbelt patrols
during the contract period. Dates may not coincide with any national/statewide or
other local flex patrols . Dates of local patrols will be reported in advance to the
WTSC on a quarterly basis by the county Target Zero Manager. Only work done on
Task Force/TZM pre-approved dates will be considered for reimbursement.
Distracted Driving
Agency may engage in multijurisdictional HVE distracted driving focused patrols, as
part of the national effort, for all or part the following dates:
U Drive. U Text. U Pay.-April 1 — 14, 2016
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 distracted driving 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
distracted driving patrols.
Funds permitting, the local Task Force may coordinate local HVE distracted driving
patrols during the contract period. Dates may not coincide with any
national/statewide or other local flex patrols. Dates of local patrols will be reported in
advance to the WTSC on a quarterly basis by the county Target Zero Manager.
Only work done on Task Force/TZM pre-approved dates will be considered for
reimbursement.
Motorcycle Safety Patrols - July 29, 2016—August 14, 2016
These motorcycle safety 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.
Patrols should focus on the illegal and unsafe driving actions of motorcycles.
Patrols should also focus on the illegal and unsafe driving actions of all other motor
vehicles when relating to motorcycles. This includes failure to yield to a motorcycle,
following too closely to a motorcycle, etc.
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Whenever possible, AGENCY should include motorcycle officers in these patrols.
Local Speeding Patrols
Funds permitting, the local Task Force may coordinate local HVE patrols focused on
speeding drivers during the contract period. Dates may not coincide with any
national/statewide or other local flex patrols, Dates of local patrols will be reported in
advance to the WTSC on a quarterly basis by the county Target Zero Manager.
Only work done on Task Force/TZM pre-approved dates will be considered for
reimbursement.
CONDITIONS:
For each of the emphasis patrols listed above, Multiiurisdictional High Visibility
Enforcement Protocols, as outlined in Exhibit B of this document will be
followed, These protocols are incorporated in their entirety to this document by
reference. Exceptions to these protocols may only be provided by the WTSC
Program Manager,
Standardized Field Sobriety Testing (SFST) Training Requirement
Agency certifies that all officers participating in these patrols are
SFST trained. To meet this requirement:
• Officer must be BAC certified and have passed the SFST refresher
training within the prior three years, or
• Officer must have successfully completed Advanced Roadside Impaired
Driving Enforcement (ARIDE), or
• Officer must be a certified Drug Recognition Expert,
Media Contacts:
All of these patrols are conducted as part of a highly publicized, statewide effort. 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 provide
the names of at least two agency officers who can be available for media requests
and questions.
*At least one of the individuals listed below must be available for weekend
media contacts, beginning at noon on Fridays before mobilizations:
Jarod Kasner/Lieutenant Melanie Robinson/Detective
Name/Title Name/Title
253-856-5821ikasnerCa)kentwa.gov 253-856-5912 mrobinsonakentwa.aov
Office Phone&e-mail Office Phone & e-mail
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263-820-9546 263-326-1923
Cell Phone Cell Phone
�t Available weekends ?*
per above. N Available weekends per above?*
Please return this signed MOU no 9 later th
an October 23, 2015 to your
Target Zero Manager:
John Pagel
Kent Police Department ,.�pA p►Qp
220 4th Avenue South
Kent, WA 98032g
Target Zero Manager will forward this signed document to:
Angie Ward,WTSC
621 —81h Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504-0944
360.726.9888
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Exhibit B
Multiiurisdictional High-Visibility Enforcement Protocols
Purpose
This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law
enforcement agencies in coordinating multijurisdictional high visibility enforcement(HVE)
mobilizations to address impaired driving, distracted driving, speeding, and seat belt use.
These mobilizations are funded by federal highway safety grants.
Goal
The goal of multijurisdictional high-visibility campaigns is to reduce fatal and serious injury
collisions through the coordination of:
• Publicity addressing increased enforcement, and
• Increased contacts and arrests of violators.
Method
Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional
HVE patrol activities to increase the number of officers working on impaired driving, distracted
driving, speeding, and occupant protection enforcement. Public education and media will be
coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement
activity will support the media effort by demonstrating to the public that the media messages are
true; i.e., that"extra enforcement patrols (with a particular focus) are going on now" so that the
public takes the media messages seriously.
The media work will support the police effort by encouraging voluntary compliance with the law.
The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising
the awareness of increased enforcement.
Definitions:
• HVE is enforcement of the law in conjunction with publicity that draws the attention of the
public to the enforcement activity.
• Multijurisdictional enforcement is defined as a minimum of three law enforcement
agencies (LEA's) or patrol units participating at a designated date and time, enforcing a
specific activity, in a location determined by the local Target Zero Task Force.
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Responsibilities
WTSC:
• Provide funding,
• Provide state/local traffic fatality and serious injury data.
• Coordinate paid media at the state level for statewide and local mobilizations (when
possible).
• Lead news media efforts for:
o Holiday DUI
o Click It or Ticket
o U Drive. U Text. U Pay.
o Motorcycle Safety
o Drive Sober or Get Pulled Over
• Summarize statewide enforcement activity,
• Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility Enforcement Mobilization
Plans.
• Submit local patrol plans for local DUI, seat belt, speeding, and distracted mobilizations
to the WTSC on quarterly basis:
Plans Due: For local atrols tanned from:
August 31, 2015 October 1 - December 31 2015
October 31,2015 Janua March,2016
Janua 30, 2016 Aril= June, 2016
Aril 30, 2016 Jul -September, 2016
"One yearly plan for local mobilizations may be submitted in lieu of four quarterly plans.
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• Coordinate mobilization briefings.
• Lead news media and community outreach efforts for local mobilizations.
• Review and approve all MOUs, invoices, and other documentation before submission to
WTSC. This includes follow-up on incomplete Invoicing paperwork and Emphasis Patrol
Activity Logs with unexplained low contacts.
• Submit statewide mobilization enforcement total sheet (by county) to WTSC within 72
hours of mobilization end date (hvetotals@wtsc.wa.gov)
• Submit local mobilization enforcement total sheet (by agency and task force) to WTSC
within two weeks of patrol end date (hvetotals@wtsc.wa,gov)
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Law Enforcement Agencies:
• Send a representative to local task force meetings to plan mobilization locations and exact
dates.
• Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and
during all mobilization dates.
• Provide commissioned police officer(s) (active or paid reserve)with appropriate equipment ,
(vehicle, radar, etc.)to participate in multijurisdictional HVE patrols.
• Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to
enforce the impaired driving laws as outlined on page 2, section 3 of this agreement.
• Require all officers participating in multijurisdictional HVE patrols to attend mobilization
briefings.
• Ensure officers working the overtime conduct a minimum of three (3) self-initiated
contacts per hour.
This is an enforcement activity that is intended to apprehend violators. It is expected that a
Notice of Infraction/Citation (NOI/C)will be issued at contact unless circumstances dictate
otherwise. It is understood that violator contacts may result in related, time-consuming
activity. Such activity will be considered for reimbursement.
Activity other than that initiated through HVE patrol contact(investigating collisions,
emergency responses, etc.) will be the responsibility of the contracting agency and
will not be reimbursed.
• Require officers to complete and submit multijurisdictional HVE patrol productivity on VVfSC
Tj
pha ' Patrol Activity Log.
Age cy InitialL DATE
1- 11-his-
T2yliitlM DATE
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W A 6 H I N G T O N
Tir4&Way
c O M M i 9 9 [ G N
Agency: Kent Police Department
Project Number: 2015/16 HVE
Acknowledgement of WTSC Grant Requirements
When the authorizing official and the project manager sign the application for a WTSC
grant, they agree to comply fully with the terms and conditions set forth in the contract
as well as additional federal requirements outlined in the Electronic Code of Federal
Regulations for Federal Grants and Agreements: (htty://www.eefr.aov/cal-bin/text-
idx?tpl=/ecfrbrowserritle02t2cfr2Oo main 02 tpl).
The WTSC provides all grant recipients an opportunity to ask questions or discuss
concerns about the terms and conditions of the grant. This opportunity may consist of
an in-person meeting or conference call, depending on the complexity of the project and
the recipient's level of experience with federal grants. Once this opportunity has been
provided, the grant recipient's project manager certifies to the grant requirements,
including the following'elements:
• Contract Provisions
o Billing procedure o Political activity/Hatch Act
o Project Reporting o Suspension & debarment
o Nondiscrimination o Contract Termination
o Drug-Free workplace o Buy America Act
o State Lobbying o Federal Lobbying
• Project changes and amendments
• Quarterly and final reports
• Third-party contracts
e Indirect costs Cost Allocation Plan or Federal Cognizant Agency rate approval letter
• Project Income Requirements
• Promotional/Incentive Item Purchase Restrictions
• Equipment urchases (approval and tracking requirements)
• Travel rules State Administrative &Accounting Manual-htt ://ofm.wa.gov/polic /lO.htm
• Light Refreshments Polio WTSC Policy#7.5- htt ://wtsc.wa. ov/resources/ olicies
• Single audit requirements
• Time keer)ino re uirements
and rstan a items listed above or they have been explained to me by
rep senta i s of the Washington Traffic Safety Commission.
ff
A en y S gnature (Grant Recipient) Date