HomeMy WebLinkAboutLW16-460 - Original - Washington Traffic Safety Commission - DUI Court - 12/27/2016 L
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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:
)D Edwards Number
Contract Number: L" IU--gtpo
This is assigned by City Clerk's Office
Project Name: DUI Court
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Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 12/27/16 Termination Date: 9/30/17
Contract Renewal Notice (Days): NA
Number of days required notice for termination or renewal or amendment
Contract Manager: Tam! Perdue Department: Law
Contract Amount: $58 989.00 Grant
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.): j
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As of: 08/27/14 III
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INTERAGENCY AGREEMENT
BETWEEN , _£3
WASHINGTON TRAFFIC SAFETY COMMISSION Off;
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AND
KENT MUNICIPAL COURT
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety
Commission, hereinafter referred to as "WTSC," and Kent Municipal Court, hereinafter referred
to as "CONTRACTOR."
THE PURPOSE OF THIS AGREEMENT is to provide funding to CONTRACTOR for traffic
safety project to establish a DUI Court.
THEREFORE, IT IS MUTUALLY AGREED THAT:
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STATEMENT OF WORK
The CONTRACTOR shall carry out the provisions of the traffic safety project described in the
Statement of Work attached as Exhibit A.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on December 27, 2016
and remain in effect until September 30, 2017 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 $58,989.00 (Fifty-eight, nine hundred and eighty nine THOUSAND
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
Travel (includes in-state and out-of-state travel) $22,916.00
Contract Services (usually involves a 3rd party service provider) $34,974.00
Goods or other expenses (examples: office/printing supplies, $1100
postage, software, conference registration fees)
TOTAL $68,989,00
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
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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.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
1 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. Amendments are required for the following changes:
• Scope of Work (SOW)
• Budgeted Cost Categories, listed in the Summary of Costs (e.g., moving money between
Employee Benefits and Travel, etc.) greater than 10% of the total project cost
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, 2017, must be received by WTSC no
later than August 10, 2017. All invoices for goods or services performed on or prior to
September 30, 2017, must be received by WTSC no later than November 15, 2017.
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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 bylaw.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
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
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 this agreement, the CONTRACTOR (hereinafter in this section referred to as
"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 agreement was entered into. If it is later determined that the lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this agreement originated may
pursue available remedies, including suspension and/or debarment.
3. The lower tier participant shall provide immediate written notice to the WTSC if at any time
the lower tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
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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.
5. The lower tier participant agrees by signing this agreement that it shall not knowingly enter
into any lower tier covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from -
participation in this covered transaction, unless authorized by the department or agency with
which this agreement originated.
6. The lower tier participant further agrees by signing this agreement 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. I
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower
Tier Covered Transactions:
1. The lower tier participant certifies, by signing this agreement, 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 lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this agreement.
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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
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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 1986 (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:
1. The entity in the preceding fiscal year received:
a. 80 percent or more of its annual gross revenues in Federal awards,
b. $25,000,000 or more in annual gross revenues from Federal awards, and
2, 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.
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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
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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:
1. Applicable state and federal statutes and rules;
2. Terms and Conditions of this agreement;
3, Any Amendment executed under this Agreement;
4. Any Statement of Work executed under this Agreement; and
5. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Any 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.
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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.
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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&I) 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:
1. 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);
2. 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;
3. 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);
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits
discrimination on the basis of age;
5. 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;
6. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
7. 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;
9. 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;
9. 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;
10. Any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
11. The requirements of any other nondiscrimination statute(s) which may apply to the
application.
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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.
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.
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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
j 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
j 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.
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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 FOR CAUSE
If the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this
agreement, or violates any of these terms and conditions, the HVTSC will give the
CONTRACTOR written notice of such failure or violation, and may terminate this agreement
immediately. The CONTRACTOR may be given the opportunity to correct the violation or
failure within 15 (FIFTEEN) days. If the CONTRACTOR is given the opportunity to correct the
violation and the violation is not corrected within 15 (FIFTEEN) days, this agreement may be
terminated by written notice of the WTSC.
TERMINATION FOR CONVENIENCE
Either party may, by 30 (THIRTY) days written notice, terminate this agreement. 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.
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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.
j 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: l
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Tami A. Perdue, Chief Prosecuting Name, Position
Attorney Phone number
Phone number 253-856-5776 Email address
Email address tperdue@kentwa.gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
KENT MUNICAEAL COURT
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Signature
C1e-.'
Printed Name
_ ��Iglly
Presiding Judge Date
CITY OF KENT
Signature /'�
Printed Name
Mayor Date
WA'yS�eHINGTO TRAFFIC SAFETY COMMISSION
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Signature
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Printed Name
1.
Title Date
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Exhibit A
STATEMENT OF WORK
Purpose:
Kent is the sixth largest city in Washington with a population of nearly 125,000.
Our municipal court is among the top five municipal courts in Washington for the
number of DUI charges filed on a yearly basis. Over 13% of the DUI offenders
charged in Kent Municipal Court in 2016 have two or more prior DUI or DUI-related
offenses on their criminal history. Over the last five years, the average number of
yearly arrests for DUI is approximately 500. In addition to alcohol-related DUI
arrests, arrests for marijuana and prescription-drug DUIs have increased by 36% in
the last four years. It is apparent that impaired driving due to drugs and alcohol by
hard-core drinkers is problematic. The creation of a DUI court and the application
of strict National Drug Court protocols present a viable next step in our court's
overall commitment to increase public safety through sentencing of all hard-core
impaired drivers to an intensive supervision program.
Alcohol and drug-impaired drivers pose a significant risk to our community. Repeat
offenders crowd our court's judicial docket and our municipal jail. Currently, our
general practice is to incarcerate hard-core DUI offenders for the maximum amount
of time allowed under the law. This approach increases public safety only for the
time in which the person is incarcerated, but does nothing to impact long-term
reduction in recidivism or in breaking the cycle of alcohol/drug abuse and criminal
behavior. By creating a DUI court, our jurisdiction can shift from lengthy
incarceration as the sole means of public safety to an intensive supervision program
with emphasis on treatment, recovery, public safety and break the cycle of criminal
behavior.
The intent of this grant application is to assist the Kent Municipal Court in creating a
formalized DUI Court. The DUI court will utilize the tenants of the DUI/Drug Court
Model as established by the National Center for DUI Courts. This mandatory, post-
conviction DUI Court targets those receiving their third DUI conviction. The success
of this court will rely upon heavily experienced and trained team members,
requiring that court, probation officers, and Planning Team members receive the
necessary training in the DUI/Drug Court Model, best evidence practices, and other
components of supervision.
Goals:
The goal of Kent Municipal DUI court is to establish a program to provide intensive
supervision to our participants and operate a comprehensive program to reduce the
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Federal Project M6X17-12 CFDA#20.616
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incidence of alcohol-related crashes, injuries, and fatalities caused by impaired
driving through centralized screening, assessment, mandatory sentencing into DUI
court and monitoring of repeat DUI offenders in accordance with Washington
State's Target Zero Plan (5.1.8). Our goal will support the primary goal of the
WTSC, "to provide programs, services and strategies that are intended to reduce
the number of deaths, serious injuries and economic losses that result from traffic
crashes on Washington roads."
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The accomplishment of this project goal will require the creation of the DUI court to
address the problem that repeat DUI offenders represent to the community. The
primary goal Is to increase public safety through sentencing of repeat DUI offenders
into DUI court. Some of the highlights of this program include, but are not limited
to:
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Achieve reductions in hard-core impaired drivers on all public roads through
sentencing into Kent's DUI court
® Integrated substance-abuse treatment with participant accountability
• Compliance-based phase structure
• Intensive court and probation contact
• Intensive alcohol, drug and other necessary testing
• Establish a financial support system to provide resources to participants on
an as-needed basis for transportation, drug and alcohol testing, and drug and
alcohol evaluations
Activities planned for December 27, 2016 - September 30, 2017:
1. Training - the entire 11-person team of Kent's DUI Drug Court will attend the
3.5 day foundational training presented by the National Center for DUI
Courts on January 30 - February 2, 2017 in Vancouver, Washington. Our
team consists of two judges, two probation officers, two prosecutors, two
public defenders, one police liaison, one treatment provider,'and our court
administrator. Our team recognizes that there is a very large commitment
required by the judges, probation officers, and attorneys to assure DUI Court
is a success. We further recognize that it is critical to have redundancy
representation by these key team members in the planning and
implementation phases of our DUI Court. For this reason, we strongly
believe that we need to send two members from each of these disciplines to
the first training. [This will allow our team to have personnel trained to cover
each other when the primary team members are unavailable due to illness,
vacation or other scheduling conflicts arise in our program. Having all team
members attend the training at one time will assure we have strong
commitment and continuity among our disciplines and can pre-plan for team
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Federal Project M6H17-12 CFDA g 20.616 j
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member absenteeism and professional burnout.] Funds requested $9090.
2. Court creation - it is the goal of our team to implement our drug court prior
to beginning no later than July 30, 7017. As such we are seeking funding for
the following items that would be needed once the first participant enters the
program:
$8,334.00 - to assist our participants in obtaining a full and intensive
alcohol and drug evaluation with a trained evaluator who is familiar
with the tenents of the DUI/Drug Court Model as established by the
National Center for DUI Courts, and who is committed to working with
our participants to make the process of the evaluation simplified, in a
central location at the court or at an agency near the court, to assist
those who are financially challenged in paying for the evaluation, and
to assure a timely evaluation and summary for the DUI Court team's
review.
$23,040.00 - to pay for the increase in urinalysis supplies, manpower
and testing to monitor sobriety compliance with timely and trusted
results.
$500.00 - bus passes or vouchers to assist our financially challenged
participants in getting to court and treatment as needed.
® $3600.00 - interpreter costs. Kent has a large non-English speaking
population, and we expect a vast increase in our interpreter costs. We
anticipate the extensive use of interpreter services for our participants
during probation and court appearances.
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® $300.00 - to print 40 copies of our Kent Municipal Court DUI Court
ISTC Participant Handbook.
® $300.00 - award/recognition Items (e.g. stress balls) for completing
steps in the program to inspire and recognize good work.
3. Training - the primary six-member team of Kent's DUI court (judge,
probation officer, prosecuting attorney, public defender, police officer and
court administrator) will attend the 2017 NADCP conference in August 2017,
located in Washington, DC. Funds requested $13,825.00.
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Federal Project M6X17-12 CFDA#20.616
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j Deliverables and Milestones:
Deliverable Completed by Date
Attend and complete the 3.5 day February 28, 2017 - Funds requested
foundational presented by the National $9090.00
Center for DUI Courts
Create our DUI court eligibility April 30, 2017
requirements policy
Create the Kent Municipal DUI Court May 30, 2017
phase system
Enroll first participant in Kent DUI Court July 30, 2017 or earlier - Funds
requested $36,074.00
Attend and complete the 2017 NADCP September 1, 2017 - Funds requested
conference in Washington, DC $13,825.00
Research and Identify whether MRT September 30, 2017
counseling will be a mandatory
component of our program and located
providers for MRT Counseling and costs
associated with training a current
employee to conduct the counseling
Measurement of Results:
1. Number of team members who attend the 3.5 day foundational presented by
the National Center for DUI Courts.
2. Formally document Kent DUI Court Eligibility Requirements policy.
3. Formally document Kent DUI Court Phase System as evidenced by the
creation of our Participant Handbook.
4. Number of participants enrolled on July 30, 2017.
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5. Number of team members who attend the 2017 NADCP conference in
Washington, DC.
6. Team decision on whether MRT will be a mandatory component of our
program for all participants and whether to utilize an outside contractor or
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Federal Project M6X17-12 CFDA 4 20.616
train an existing Kent employee.
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Federal Project M6X17-12 CFDA#20.616
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j Exhibit B
WASHINGTON
Traffic W
COMMISSION
Traffic Safety Project Report
Agency: Date Submitted:
Project Title: JWTSC Contract Number:
Report Submitted By: JGrantee Contract Number(if applicable):
Quarterly Report Number:
118r Quarter Report Oct. 1 —Dec. 31, 2016 Due on Jan. 15. 2017
211 Quarter.Report Jan. 1 -Mar. 31, 2017 .. Due on Apr.15, 2017
J1`0 Quarter Report Apr. 1 —Jun. 30, 2017 Due on Jul. 15, 2017
Quarter Report July 1 -Sept. 30, 2017 Due on Oct. 16, 2017
Other Report:
❑Final Report Due within 30 days of project close
(2) Activity— Briefly describe project activity for this reporting period (Include relevant
milestones and deliverables).
(3) Goals— Briefly describe how project activity has contributed to accomplishing the stated
goals (as included in the original proposal) of the project.
(4) Problems or Favorable Developments— Briefly describe any problems that impair your
ability to accomplish project goals and any favorable developments that will allow you to meet
timelines and objectives sooner or at less cost than anticipated.
(5) Expenditures— Provide a summary of expenditures for this reporting period.
Summary of costs Amount
Travel (includes in-state and out-of-state travel) $22,915.00'
Contract Services (usually involves a TO party service provider) $34,974.00
Goods or other expenses (examples: office/printing supplies, $1,100.00
postage, software, conference registration fees)
TOTAL $68,989.00,
(6) If applicable, include reports or status updates from contractors (3 d party service providers)
and any summary documents or publications created.
Page 1S of 19
Federal Project M6X17-12 CFDA ff 20.616
Exhibit C
FORM STATE OF WASHINGTON AGENCY USE ONLY
A 19 INVOICE VOUCHER AGENCY NO. LOCATION CODE T P.R.OR AUTH.NO.
(Rev.4A/t 3) 0 2280
AGENCY NAME For INTERNAL USE ONLY
WA Traffic Safety Commission DATE:
PO BOX 40944 PROJECT A',
Olympia WA 98504-0944 APPROVED BY:
! VENDOR OR CLAIMANT Warrant is to be payable to INSTRUCTIONS TO VENDOR OR CLAIMANT.• Submit this form
7iF(Please fill in mailing address matching Fed ID#)
to claim payment for materials,merchandise or services. Show
complete detail for each item.
BY
(Approval Signature&Title)
(Print Nante) (Dale)
*Statewide Vendor#:
--- - -
FEDERAL I.D.#OR SOCIAL SECURITY#.(For reporting Personal Services Contract Payments to LR.S. CFDA#
-' UNIT FOR AGENCY
DATE DESCRIPTION QUANTITY PRICE AMOUNT USE
III
TOTAL+
PREPARED BY TELEPHONE NUMBER
DOC.DATE PMT DUE CURRENT DOC. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER
DATE N0.
REF M MASTER INDEX SUB SUB ORO WORKCEA$COUNTY CITYfTOWN PROJEC SUB PROD
TRANS FUNDAMOUNT INVOICE NUMBER
C CODE D fAWN- PROGOBJ SUB INDE% q¢oc auocer sios T PROJ PHASD -__ ___. _ _._ ._.DATE '- - - -iNARRANT TOTAL 1NARRANTNLIMBER
Page 19 of 19
Federal Project M6X17-12 CFDA#20.616
REQUEST FOR MAYOR'S SIGNATURE
® i'Y'i 1')t. on t.a1c(Y yr_ :.r{{;i P^ Pa, C'f
ICEAIT
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Tami Perdue Phone (Originator): X5776
Date Sent: 12/15/16 Date Required: 12/16/16
Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: 9/30/17
VENDOR NAME: Date Finance Notified: /
Washington Traffic Safety Commission (Only required a contracts
9 Y 20 ODO and over or on an Grant
DATE OF COUNCIL APPROVAL: 12/13�16 Date Risk Manager Notified: 12/13/16
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specifically Account Number:
Authorized in the Budget? YES (!)NO
Brief Explanation of Document:
Interagency Agreement between the Washington Traffic Safety Commission and Kent
Municipal Court to provide funding to establish a DUI Court.
Ad ontracU*` 'st Be Routed Through The Law Department
1 ` y f %F i':r
(This area to be completed by the Law Depyinnenp
Received:
Approva pf L vv dge4
Law De t". � nt �. (.
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
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Disposition: /' �1
Date Returned:
P]CNl1G rO mnent pro ssn9, ^9me or Y 's Si9naWre.Eovrc