HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 09/12/2017 (2)
Unless otherwise noted, the Public Safety Committee meets at 4:30 p.m. on the second
Tuesday of each month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA
98032.
For additional information please contact Jennifer Hays at 253-856-5705 or via email at
jhays@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk’s
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
Public Safety Committee Agenda
Councilmembers: Dana Ralph – Les Thomas – Jim Berrios, Chair
Chief Ken Thomas
September 12, 2017
4:30 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Berrios 1
2. Roll Call Chair Berrios 1
3. Changes to the Agenda Chair Berrios 1
4. Approval of meeting minutes
dated August 8, 2017
YES Chair Berrios 1 1
5. 2018 – 2020 Target Zero Manager
Funding Agreement - Recommend
YES John Pagel 15 5
6. Budget Requests – Information
Only
NO Chief Ken Thomas 15 23
7. Chief’s Report – Information Only NO Chief Ken Thomas 10 25
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Public Safety Committee
Minutes
Approval Pending
Page 1 of 3
Date: August 8, 2017
Time: 4:30 p.m.
Place: Chambers East
Attending: Dana Ralph, Les Thomas, and Bill Boyce, Acting Chair; Jim Berrios had
an excused absence.
Agenda:
1. Call to Order
2. Roll Call
3. Changes to the Agenda
There were no changes to the agenda.
4. Approval of Minutes dated May 9, 2017.
L. Thomas moved to approve the Public Safety Committee minutes dated May
9, 2017. D. Ralph seconded the motion, which passed 3-0.
5. Kent Corrections Facility Programs Fees and the Kent Police
Department Fees Resolution - Recommend.
Patrol Commander Todd Durham made a request to adjust the current fee
schedule to include a different fee for the new online traffic school program.
The adjustment will distinguish between the fees charged to the existing in-
person program ($100 per student) and new online program ($136 per
student); the $36 difference would be a convenience fee for somebody that
would not be able to take the in-person class.
An addition to the in-person and online traffic safety school programs, the
department will open the classes to senior citizens one or two times a year and
possibly expand to newer drivers. These classes will be at a reduced cost since
they are not in relation to an infraction.
Traffic School Coordinator Allyson Miller provided a more detailed explanation
regarding how the online class will work. The company that will supply and
monitor testing is National Traffic Safety Institute (NTSI). NTSI has built-in
safeguards to ensure the “student” is taking the four-hour course. For
instance, multiple, personally related questions are asked in the beginning of
the course and then randomly will pop-up throughout the course. If a question
is answered incorrectly the test shutdowns and a notice is given to call Ms.
Miller. The test cannot be taken at the pace of the student, rather it is a full
four-hour course that has to be fully read and quizzes completed in a timely
manner.
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Public Safety Committee
Minutes
Approval Pending
Page 2 of 3
It was noted that a multitude of fees, including traffic school fees, falls within
the Corrections Facility Programs Fees resolution 1807.
D. Ralph moved to recommend Council adopt the proposed resolution
amending the fee schedule established for the Kent Corrections Facility
Programs and the fees for the Kent Police Department to add an online traffic
safety school option. L. Thomas seconded the motion, which passed 3-0.
6. Police Equipment and Technology Purchase Update – Information
Only.
Chief Thomas informed members that the department will be going back to the
original way of how finance needs from the Criminal Justice Funds will be
requested. Each August all requests will be brought forward rather than
piecemealing the requests throughout the year.
Committee members were in agreeance that if there is an emergent need that
it should be brought to committee at that time.
7. EvidenceOnQ – Information Only.
Chief primed members that the department will be requesting the purchase of
new evidence equipment. Department staff has compiled information from
other local jurisdictions, cities of Renton and Auburn, and have found that
EvidenceOnQ would be the best software program to move forward with. As it
is now, processing out evidence has been a challenge. It takes one person to
go to five different areas in the current Tiberon program before evidence can
be released. Although hiring additional personnel has been previously
approved, at this time it would not be effective to the process.
Besides having found the Tukwila based company to have the best customer
service, the program also speaks to itself across agencies. Research has found
a cost savings of $20,000 to $40,000 if purchased sooner rather than later this
year. Once the contract has been finalized the request will go to full Council.
8. Panther Lake Police Substation – Second Amendment to License
Agreement – Information Only.
Chief discussed the upcoming rental agreement renewal for the Panther Lake
area police substation. The three year agreement will run through May 31,
2020 with June 1st of each year bringing a slight increase, they are:
June 1, 2017: $800.80
June 1, 2018: $824.83
June 1, 2019: $849.57
Committee members noted that good feedback has been received regarding
both the Panther Lake and 104th Street locations.
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Public Safety Committee
Minutes
Approval Pending
Page 3 of 3
9. Chief’s Report – Information Only
Chief’s report included two items, they are:
Body Cameras: for the past several months department staff and
Information Technology Project Manager/Business Analyst Matt Johnson
have been compiling information for the use of body cameras. Research
has included a visit to the Seattle Police Department to see how their
system works, looking into policy and legislation issues, implementation
and costs, public disclosure and software challenges. The preliminary
cost will approximately be $215,000 for start-up, then $110,000 a year
for ongoing costs. For redaction and public request disclosures two new
positions will need to be filled in the city clerk’s office and one IT staff
person is estimated to cost an additional $370,000.
South King County Gang Violence: there was a regional meeting held
in Auburn to allow south county cities and police departments to provide
updates to violent crime data, year-to-date they are:
o Homicides are down from January through April’s four per month
to two for a total of 22
o Injury shootings are down from January through April’s 11 per
month to five for a total of 65
o Confirmed shots fired are down from January through April’s 25
per month to 18 for a total of 157
10. Adjournment
The meeting was adjourned at 5:10 p.m. by B. Boyce.
J. Hays
Jennifer Hays
Public Safety Committee Secretary
August 8, 2017
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 12, 2017
TO: Public Safety Committee
FROM: John Pagel, Community Education Coordinator
SUBJECT: 2018 – 2020 Target Zero Manager Funding Agreement -
Recommend
MOTION: Move to recommend that Council authorize the Mayor to accept
grant funds in the total amount of $193,500 from the state Traffic Safety
Commission to fund the Region 8 (South King County) Target Zero
Manager position. This three year agreement provides funding to the police
department in the amount of $193,500 ($64,500 per year).
SUMMARY: For many years, the Kent Police Department has supplied the Target
Zero Manager, who serves South King County, now known as Region 8. The current
Target Zero Manager role is filled by John Pagel, who also serves as the City’s
Community Education Coordinator. This grant agreement reimburses the City a
portion of the salary and benefits dedicated to the Target Zero campaign at
$64,500 per year.
The Target Zero Strategic Highway Safety Plan aims at eliminating all fatality and
serious injury traffic collisions by the year 2030. Under the grant agreement, the
Target Zero Manager will work to coordinate the education and enforcement efforts
of the King County Target Zero Task Force in support of the Target Zero plan.
This new grant agreement will extend this funding on a reimbursement basis for
another three years.
EXHIBITS: Interagency Agreement
BUDGET IMPACT: N/A
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CONTRACT FOR SERVICES
BETWEEN THE
WASHINGTON TRAFFIC SAFETY COMMISSION
AND
KENT POLICE DEPARTMENT
THIS CONTRACT is made and entered into by and between the Washington Traffic Safety
Commission, hereinafter referred to as "WTSC," and KENT POLICE DEPARTMENT, hereinafter
referred to as "CONTRACTOR.'
CONTRACTOR contact info
Name: Kenneth E. Thomas, Chief of Police
Address: 220 4th Avenue South, Kent, WA 98032
Phone: 253-856-5890
Email : kthomas@kentwa. gov
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance
contained herein, or attached and incorporated and made a part hereof, the Parties mutually
agree as follows:
I. THE PURPOSE OF THIS CONTRACT
The purpose of this Contract is to provide funding, provided by state appropriations, for work to be
accomplished under traffic safety grant project TZM20 - 8.
The Region I Target Zero Manager is responsible for the development, implementation, and overall
management of local traffic safety programs in southern King County. The TZM will monitor federal
and state funded traffic safety projects throughout Region I and collaborate with a diverse team of
private, public, and non-profit stakeholders to effectively carry out proven strategies to reduce vehicular
fatalities and serious injuries. They work closely with peers in analyzing complex problems and
developing innovative solutions. Examples of their work include:
. Coordinate public outreach and law enforcement patrols
' Give presentations at city council meetings to provide city leaders with traffic safety data and
information about local projects to address identified needs.
' Facilitate a task force focused on traffic safety in the region, bringing together representatives from
law enforcement and other stakeholder groups.
. Manage federal and state grant funding for traffic safety projects.
Total award amount for FFY2018 - FFY2020: $193,500.
2- PERIOD OF P ERFORMANCE
The period of performance of this Contract shall commence upon the date of execution by both Parties
or October,7,2077, whichever is later, and remain in effect until September 30, 2020, unless
terminated sooner, as provided herein.
3. STATEMENT OF WORK
The CONTRACTOR shall carry out the provisions of the Contract described here as the Statement of
Work (SOW):
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This contract will require the CONTRACTOR'S level of effort to be at a minimum of 30 hours per week.
The following set of core tasks are required and will support the CONTRACTOR in expanding the
scope of work as described below.
Core Tasks
a. Support traffic safety task force activities in Region 8.i. Plan and Conduct monthly or quarterly task force meetings.ii. Maintain task force membership and develop new partnerships with
local/regional/tribal stakeholders. This should include representatives from
private, non-profit, and governmental entities, as well as community volunteersiii. Develop and update annually a plan that includes a selection of issues that the
task force has identified as priorities and countermeasure strategies that will be
followed to address them.
iv. Utilize the county or regional Law Enforcement Liaison in supporting task force
priorities.
v. Participate in the planning of one recognition event or process per year to
recognize people in the region who are selected by the task force for a traffic
safety award.
b. Coordinate High Visibility Enforcement and Media Campaignsi. Determine funding amounts for each participating law enforcement agency.
ii. Create and submit signed interagency agreements for each participating law
enforcement agency.
iii. Monitor interagency agreements for budget and performance.
iv. Assist in the development and distribution of news releases and other strategies
to educate the public about enforcement activities.v. Conduct community outreach one week prior and during the statewide
campaigns.
vi. Develop High Visibility Enforcement and Media enforcement plans quarterly.
vii. Develop localized media creative to support High Visibility Enforcement and
patrols (not required for all enforcement activities).
Community Outreach and Engagement
a. Generate awareness and news media around Target Zero Plan priorities.
b. Create unpaid media opportunities via social media, web, print, radio, and other media
formats
c. Submit, with the support of the AGENCY, at least 1 letter to the editor article about a
traffic safety issue to local newspapers per year in Region 8.
d. Conduct at least 2 presentations per quarter to community leadership groups to increase
awareness of localtraffic safety issues. Potential audiences include community
coalitions, civic groups, PTAs, employers, task force agencies, local government
meetings, etc.
e. Conduct at least 1 victim dedication event in your region per calendar year.
ilt Local Needs Assessment
a. The CONTRACTOR, using Washington's Strategic Highway Safety Plan: Target Zero@
and input from community stakeholders, will conduct a needs assessment and identify
traffic safety priorities for Region 8. The CONTRACTOR will use this information to
develop deliverables to be proposed as additions to the scope of work for this contract.
The CONTRACTOR will submit a proposal detailing this information to the RFP
Coordinator by January 31,2018 for review and approval.
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lV. Attend training or conference events as required by the WTSC
3.I MILESTONES AND DELIVERABLES
The CONTRACTOR shall meet the milestones and make the deliverables as set forth in this section
Milestone OR Deliverable Description Gompleted by Date
Develop or update a plan that includes a selection of issues that the regional
task force has identified as priorities and countermeasure strategies that will
be followed to address them.03t31t2018
Complete a traffic safety needs assessment for the assigned region 01t31t2018
Facilitate traffic safety task force meetings at least quarterly 09/30/2018
Assist law enforcement agencies with WEMS implementation of HVE and
other grants.09t30t2018
Conduct at least 2 presentations per quarter to leadership groups in the
region.09/30/2018
Conduct at least 1 event that is dedicated to a victim of a traffic safety crash 09t30t2018
Generate or support public outreach efforts through social media, web, print,
radio, or other media formats.09t30t2018
Support the recognition of law enforcement officers in the assigned region
that perform at high levels at traffic safety enforcement and outreach.09t30t2018
3.2 COM NSATION
The cost of accomplishing the work described in the SOW will not exceed $193,500. Payment for
satisfactory performance of the work shall not exceed this amount unless the Parties mutually agree to
a higher amount in a written Amendment to this Contract executed by both Parties.
3.3 SUMMARY OF CONTRACT COSTS
The costs for the work under the SOW to be provided by the CONTRACTOR or CONTRACTOR'S
SUB-CONTRACTOR are as shown in the table below. Funding for this contract will be divided equally'in 3 periods. Funds expire at the end of each period on September 30.
Salaries and
Benefits Total
Year 1: Oct 1,2017 -Sept 30,2018 $64,500 $64,500
Year2: Oct 1, 2018- Sept 30,2019 $64,500 $64,500
Year 3: Oct 1, 2019- Sept 30, 2020 $64,500 $64,500
Totalfor 3 year Contract $193,500 $193,500
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4. DEFINITIONS:
4.1 As used throughout this Contract, the following terms shall have the meaning set forth below:
4.1.1. "\ ,/TSC" shall mean the Washington Traffic Safety Commission of the state of Washington, any
division, section, office, unit, or other entity of the WTSC, or any of the officers or other officials lawfully
representing that WTSC.
4.1.2. "AGENT" shall mean the WTSC Director and/or the delegate authorized in writing to act on the
Director's behalf.
4.1.3. "CONTRACTOR" shall mean the firm, provider, organization, individual, or other entity
performing services under this Contract, and shall include all employees of the CONTRACTOR.
4.1.4. "SUB-CONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is
performing all or part of those services under this Contract or under a separate Contract with the
CONTRACTOR. The terms "SUB-CONTRACTOR" and "SUB-CONTRACTORS" means SUB-
CONTRACTOR in any tier.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
5. ACTIVITY REPORTS
5.1. The CONTRACTOR agrees to submit monthly activity reports to WTSC using a format agreed
upon by both Parties. Contents of the report shall include at a minimum:
5.1.1. Tasks accomplished in the reporting period.
5.1.2. Tasks planned forthe upcoming reporting period.
5.1.3. Description of all problems found and/or corrected, and steps taken to avoid similar problems in
the future.
6. 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.
7. AGREEMENT ALTERATIONS AND AMENDMENTS
This Contract may be amended by mutual agreement of the Parties in the form of a written Amendment
to this Contract. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the Parties.
8. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or othenruise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the Parties hereto.
9. ASSIGNMENT
The CONTRACTOR may not assign the work to be provided under this Contract, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably
withheld. The CONTRACTOR shall provide the WTSC a copy of allthird-party contracts and
agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements
must follow applicable federal, state, and local law, including but not limited to procurement law, rules,
and procedures. lf any of the funds provided under this Contract include funds from NHTSA, such third-
party contracts and agreements must include the federal provisions set forth in this Contract in sections
35 through 43.
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IO- ATTOR EYS'FEES
ln the event of litigation or other action brought to enforce the Contract terms, each Party agrees to
bear its own attorney fees and costs.
II. BILLING PROCEDURE
The CONTRACTOR shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted using a
standard Form A-19 provided by WTSC 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 such properly documented invoices acceptable to WTSC. Upon expiration of the Contract,
any claim for payment not already made shall be submitted within 45 days after the expiration date of
this Contract. All invoices for goods received or services performed on or prior to June 30,2018, must
be received by WTSC no later than August 10, 2018. All invoices for goods received or services
performed between July 1 , 2018, and September 30, 2018, must be received by WTSG no later than
November 15,2018.
I2. CONFIDENTIALITY / SAFE GUARDING 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 Contract, except with prior written consent of the WTSC, or as may be required by law.
13. COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Contract or to obtain approval of any application for
federal financial assistance for this Contract. The WTSC shall have the right, in the event of breach of
this section by the coNTRAcToR, to annul this Contract without liability.
14. DISPUTES
14.1 . Except as othenruise provided in this Contract, when a dispute arises between the Parties and it
cannot be resolved by direct negotiation, either Party may request a dispute review by the AGENT.
14.2. The request for a dispute review ("Requestor's Statement") must:
14.2.1. Be in writing.
14.2.2. State the disputed issue(s).
14.2.3. State the relative positions of the requester's Party.
14.2.4. State the Designated Contact's name, address, and telephone number.
14.2.5. Be submitted by mail or electronic correspondence (email) to the AGENT and the other Party's
Designated Contact within three working days after the Parties agree that they cannot resolve the
dispute.
14.3. Within five working days after receipt of the Requestor's Statement, the other Party's Designated
Contact shall send a written response to the Requester's Statement to both the AGENT and the
requester.
14.4.The AGENT shall review the written statements and provide a resolution reply in writing to both
Parties within 10 working days after receiving the second Party's written response. The AGENT may
extend this period if necessary to allow more time for review or to collect more information from the
Parties by notifying both Parties.
14.5. The Parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
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14.6. Nothing in this Contract shall be construed to limit the Parties' choice of a mutually-acceptable
alternate dispute resolution method in addition to or in lieu of the dispute resolution procedure outlined
above.
I5. GOVERNANCE
15.1. This Contract 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 Contract shall be construed to
conform to those laws.
15.2.|n the event of an inconsistency in the terms of this Contract, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Contract
15.2.3. Any Amendment executed under this Contract
15.2.4. Any SOW executed under this Contract
15.2.5. Any other provisions of the Contract, including materials incorporated by reference
I6. INDEMNIFICATION
16.1. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all
claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever
kind ("claims") brought against WTSC arising out of or in connection with this Contract and/or the
CONTRACTOR'S performance or failure to perform any aspect of the Contract. This indemnity
provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in
connection with, or incident to the acts or omissions of the CONTRACTOR, its officers, employees,
agents, and subcontractors. Provided, however, that nothing herein shall require the CONTRACTOR to
indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that
claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents;
and provided further that if such claims result from the concurrent negligence of (a) the
CONTRACTOR, its officers, employees, agents, or subcontractors, and (b) the WTSC, its officers,
employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of the negligence of the
CONTRACTOR, its officers, employees, agents, or subcontractors.
16.2. The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
16.3. The indemnification and hold harmless provision shall survive termination of this Contract.
I 7. INDEPENDENT CAPACITY
The Parties intend that an independent contractor relationship will be created by this Contract. The
CONTRACTOR and his or her employees or agents performing under this Contract are not employees
or agents of the WTSC. The CONTRACTOR will not hold himself/herself out as or claim to be an officer
or employee of the WTSC or of the state of Washington by reason hereof, nor will the CONTRACTOR
make any claim of right, privilege, or benefit that would accrue to such employee under law. Conduct
and control of the work will be solely with the CONTRACTOR.
18. INSURANCE COVERAGE
18.1. The CONTRACTOR shall comply with the provisions of Title 51 RCW, lndustrial lnsurance, if
required by law.
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18.2.|f the CONTRACTOR is not required to maintain insurance in accordance with Title 51 RCW, prior
to the start of any performance of work under this Contract, the CONTRACTOR shall provide WTSC
with proof of insurance coverage (e.9., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the
CONTRACTOR and WTSC from risks associated with executing the SOW associated with this
Contract.
19. 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 Contract. The
CONTRACTOR shall complete registration with the Washington State Department of Revenue, if
required, and be responsible for payment of all taxes due on payments made under this Contract.
20. OVERPAYMENTS AND ASSERTION OF LIEN
ln the event that the WTSC determines that overpayments or erroneous payments were made to the
CONTRACTOR under this Contract, the WTSC may secure repayment plus interest, if any, through the
filing of a lien against the CONTRACTOR's real property or by requiring the posting of a bond,
assignment of deposit, or some other form of security acceptable to the WTSC, or by doing both.
2I. PRIVACY
21.1. Personal information including, but not limited to, "Protected Health lnformation," collected, used,
or acquired in connection with this Contract shall be protected against unauthorized use, disclosure,
modification, or loss. CONTRACTOR shall ensure its directors, officers, employees, sub-contractors, or
agents use personal information solely for the purposes of accomplishing the services set forth herein.
CONTRACTOR agrees not to, and will ensure that its sub-contractor's do not, release, divulge, publish,
transfer, sell, or othenruise make known to unauthorized persons personal information without the
express written consent of the WTSC, or as otherwise required by law, including as required under
RCW 42.56 Public Records Act.
21.2. Any breach of this section may result in termination of the Contract and the demand for return of
all personal information. The CONTRACTOR agrees to indemnify and hold harmless the WTSC for any
damages related to the CONTRACTOR'S unauthorized use of personal information.
22. PUBLICITY
The CONTRACTOR agrees to submit to the WTSC all advertising and publicity matters relating to this
Contract wherein the WTSC's name is mentioned or language used from which the connection of the
WTSC'S name may, in the WTSC'S judgment, be inferred or implied. The CONTRACTOR agrees not
to publish or use such advertising and publicity matters without the prior written consent of the WTSC.
23. RECORDS MAINTENANCE
23.1 . During the term of this Contract and for six years thereafter, the CONTRACTOR shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and
indirect costs expended in the performance of the services described herein. These records shall be
subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State
Auditor, and federal officials so authorized by law. All books, records, documents, and other material
relevant to this Contract will be retained for six years after expiration. The Office of the State Auditor,
federal auditors, the WTSC, and any duly authorized representatives shall have full access and the
right to examine any of these materials during this period.
23.2. lf any litigation, claim, or audit is started before the expiration of the six year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
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24. 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 Contract. The CONTRACTOR shall make available information necessary for WTSC to
comply with the right to access, amend, and receive an accounting of disclosures of their Personal
lnformation according to the Health lnsurance 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 WTSC and the
U.S. Secretary of the Department of Health and Human Services all internal policies and procedures,
books, and records relating to the safeguarding, use, and disclosure of Personal lnformation obtained
or used as a result of this Contract.
25. RIGHTS IN DATA
25.1. WTSC and CONTRACTOR agree that all data and work products (collectively called "Work
Product") pursuant to this Contract shall be considered works made for hire under the U.S. Copyright
Act, 17 USC $101 et seq., and shall be owned by the state of Washington. Work Product includes, but
is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies,
computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software,
and/or databases to the extent provided by law. Ownership includes the right to copyright, register the
copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to
othenruise use and transfer these rights.
25,2. lf for any reason the Work Product would not be considered a work made for hire under
applicable law, the CONTRACTOR assigns and transfers to WTSC the entire right, title, and interest in
and to all rights in the Work Product and any registrations and copyright applications relating thereto
and any renewals and extensions thereof.
25.3. For Work Product delivered under the Contract that incorporates pre-existing materials not
produced under the Contract, CONTRACTOR hereby grants to the WTSC a nonexclusive, royalty-free,
irrevocable license in such materials to translate, reproduce, distribute, prepare derivative works,
publicly perform, publicly display, sub-license to others, and othenryise use such materials. The
CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including
intellectual property rights, moral rights, and rights of publicity, necessary to grant such a license to the
WTSC. The WTSC shall have the right to modify or remove any restrictive markings placed upon the
data by the CONTRACTOR.
25.4. The CONTRACTOR shall provide WTSC prompt written notice of each notice or claim of
infringement received by the CONTRACTOR with respect to any Work product delivered under this
Contract.
25.5. The CONTRACTOR may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications, including written, visual, or sound, contain
acknowledgment of the support provided by NHTSA and the WTSC. The CONTRACTOR shall disclose
any discovery or invention derived from work performed under this project within a reasonable time
after it is made to the WTSC, who will determine through NHTSA whether NHTSA or WTSC will seek
patent protections pursuant to Title 35 USC, how any rights will be administered, and other actions
required to protect the public interest.
26. SAVINGS
ln 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 completion of the SOW under this Contract, the
WTSC may terminate the Contract under the "TERMINATION FOR CONVENIENCE" clause, without
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the 30 day notice requirement. The Contract is then subject to renegotiation at the WTSC's discretion
under any new funding limitations or conditions.
27. SEVERABILITY
lf any provision of this Contract or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Contract 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 Contract, and to this end the provisions of this Contract are
declared to be severable.
28. SITE SECURITY
While on WTSC premises, the CONTRACTOR, its agents, employees, or sub-contractors shall conform
in all respects with all WTSC physical, fire, or other security policies or applicable regulations.
29. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
30. TERMINATION FOR CAUSE
lf the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this Contract or
violates any of these terms and conditions, the WTSC will give the CONTRACTOR written notice of
such failure or violation, and may terminate this Contract immediately. At the WTSC's discretion, the
CONTRACTOR may be given 15 days to correct the violation or failure. ln the event that the
CONTRACTOR is given the opportunity to correct the violation and the violation is not corrected within
the 1S-day period, this Contract may be terminated at the end of that period by written notice of the
WTSC.
3I. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, either Party may terminate this Contract, without cause
or reason, with 30 days written notice to the other Party. lf 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.
32. TERMINATION PROCEDURES
32.1 . Upon termination of this Contract, the WTSC, in addition to any other rights provided in this
Contract, may require the CONTRACTOR to deliver to the WTSC any property specifically produced or
acquired for the performance of such part of this Contract as has been terminated. The provisions of
the "TREATMENT oF ASSETS" clause shall apply in such property transfer.
32.2.The WTSC shall pay the CONTRACTOR the agreed-upon price, if separately stated, for
completed work and services accepted by the WTSC, and the amount agreed upon by the
CONTRACTOR and the WTSC for (i) completed work and services for which no separate price is
stated, (ii) partially completed work and services, if appropriate, (iii) other property or services that are
accepted by the WTSC, and (iv) the protection and preservation of property, unless the termination is
for default or for cause, in which case the AGENT shall determine the extent of the liability of the
WTSC. Failure to agree with such determination shall be a dispute within the meaning of the
"DISPUTES" clause of this Contract. The WTSC may withhold from any amounts due the
CONTRACTOR such sum as the AGENT determines to be necessary to protect the WTSC against
potential loss or liability.
32.3. The rights and remedies of the WTSC provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Contract.
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32.4. After receipt of a notice of termination, and except as otherwise directed by the AGENT, the
CONTRACTOR shall:
32.4.1. Stop work under the Gontract on the date, and to the extent specified, in the notice.
32.4.2. Place no further orders or sub-contracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Contract that is not terminated.
34.4.3. Assign to the WTSC, in the manner, at the times, and to the extent directed by the AGENT, all
of the rights, title, and interest of the CONTRACTOR under the orders and sub-contracts so terminated,
in which case the WTSC has the right, at its discretion, to settle or pay any or all claims arising out of
the termination of such orders and sub-contracts.
32.4.4. Resolve all outstanding liabilities and all claims arising out of such termination of orders and
sub-contracts, with the approval or ratification of the AGENT to the extent AGENT may require, which
approval or ratification shall be final for all the purposes of this clause.
32.4.5. Transfer title to the WTSC and deliver in the manner, at the times, and to the extent directed by
the AGENT any property which, if the Contract had been completed, would have been required to be
furnished to the WTSC.
32.4.6. Complete performance of any such part of the work as shall not have been terminated by the
AGENT.
32.4.7. Take such action as may be necessary, or as the AGENT may direct, for the protection and
preservation of the property related to this Contract, which is in the possession of the CONTRACTOR
and in which the WTSC has or may acquire an interest.
33. TREATMENT OF ASSETS
33.1. 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 Contract 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 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 (iii) reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
33.2. 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 Contract.
33.3. 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.
33.4.|f 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.
33.5. The CONTRACTOR shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Contract.
33.6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR's
employees, agents, or suþ-contractors.
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34. WAIVER
A failure by either Party to exercise its rights under this Contract shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Contract.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 CFR PART 1300 APPENDTX A):
35. BUY AMERICA AGT
The CONTRACTOR will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the CONTRACTOR to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation
determines that such domestically produced items 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. ln order to use
federal funds to purchase foreign produced items, the WTSC must submit a waiver request that
provides an adequate basis and justification, and which is approved by the Secretary of Transportation
36. DEBARMENT AND SUSPENSION
lnstructions for Lower Tier Certification
36.1. By signing this Contract, the CONTRACTOR (hereinafter in this section referred to as the "lower
tier participant") is providing the certification set out below and agrees to comply with the requirements
of 2 CFR part 180 and 23 CFR part 1300.
36.2. The certification in this section is a material representation of fact upon which reliance was placed
when this transaction was entered into. lf 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 transaction originated may pursue available remedies,
including suspension and/or debarment.
36.3. 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.
36.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Covered Transactions sections of 2 CFR part 180.
36.5. The lower tier participant agrees by signing this Contract that it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part g,
subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by NHTSA.
36.6. The lower tier participant further agrees by signing this Contract that it will include the clause titled
"lnstructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension,
lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions, and will require
lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300.
36.7. 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 g.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
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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.
36.8. 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.
36.9. Except for transactions authorized under paragraph 36.5. 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, the department or agency with which this
transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order,
debar or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - LowerTier
Covered Transactions
36.10. The lower tier participant certifies, by signing this Contract, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal department or agency.
36.1 1 . Where the lower tier participant is unable to certify to any of the statements in this certification,
such participant shall attach an explanation to this Contract.
37. THE DRUG.FREE WORKPLACE ACT OF I988 (4I U.S.C.8IO3I
37.1. The CONTRACTOR shall:
37 .1.1. 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 prohibition.
37.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse
in the workplace; the CONTRACTOR'S policy of maintaining a drug-free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed
upon employees for drug violations occurring in the workplace.
37 .1.3. Make it a requirement that each employee engaged in the performance of the grant be given a
copy of the statement required by paragraph 37.1.1. of this section.
37 .1 .4. Notify the employee in the statement required by paragraph 37.1 .1 . of this section that, as a
condition of employment under the grant, the employee will abide by the terms of the statement, notify
the employer of any criminal drug statute conviction for a violation occurring in the workplace no later
than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an
employee or otherwise receiving actual notice of such conviction.
37 .1 .5. Take one of the following actions within 30 days of receiving notice under paragraph 37 .1.3. of
this section, with respect to any employee who is so convicted: take appropriate personnel action
against such an employee, up to and including termination, and/or require such employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate agency.
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37.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of all of the paragraphs above.
38. FEDERAL FUNDING ACCOUNTABIL ITY AND TRANSPARENCY ACT f FFATAI
ln 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 the entity in the
preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards,
received $25,000,000 or more in annual gross revenues from federal awards, and if 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 lnternal Revenue Code of 1986.
39. FEDER LOBBYING
39.1 . The undersigned certifies, to the best of his or her knowledge and belief, that:
39.1 .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.
39.1.2.|f 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.
39.1 .3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at alltiers (including sub-contracts, sub-grants, and contracts under
grant, loans, and cooperative agreements), and that all sub-recipients shall certify and disclose
accordingly.
39.2. 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.
40. NONDISCRIMINATION
40.1. During the performance of this Contract, the CONTRACTOR agrees:
40.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from
time to time.
40.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
40.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities
as required by the WTSC, US DOT, or NHTSA.
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40.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this Contract, the WTSC will have the right to impose such contract sanctions as it or
NHTSA determine are appropriate, including but not limited to withholding payments to the
CONTRACTOR under the Contract until the CONTRACTOR complies, and/or cancelling, terminating,
or suspending a contract or funding agreement, in whole or in part.
40.1.5. To insertthis clause, including all paragraphs, in everysub-contractand sub-agreementand in
every solicitation for a sub-contract or sub-agreement that receives federal funds under this program.
4I. POLITICAL ACTIVITY (HATCH ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part
with federalfunds.
42. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
Ïhe CONTRACTOR will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage
or to create checkpoints that specifically target motorcyclists. This Contract does not include any
aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement.
43. STATE LOBBYING
None of the funds under this Contract 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.9.,
"grassroots") lobbying activities, with one exception. This does not preclude a state officialwhose 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.
44_ D ES IGNA D CONTACTS
Ïhe following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursements regarding this Contract:
The Contact for the CONTRACTOR is:The Contact for WTSG is:
Kenneth E. Thomas
Chief of Police
Kent Police Department
kthomas@kentwa.gov
253-856-5890
Jerry Noviello
WTSC Program Manager
j noviello@wtsc.wa. gov
360-725-9897
45. AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Contract and bind their
respective agencies or entities to the obligations set forth herein.
lN WITNESS WHEREOF, the Parties have executed this Contract.
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KENT POLICE DEPARTMENT
Signature
Printed Name
Title Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Printed Name
Title Date
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 12, 2017
TO: Public Safety Committee
FROM: Chief Thomas
SUBJECT: Budget Requests – Information Only
MOTION: Information Only
SUMMARY: Mayor Cooke has approved all of the Police 2018 budget requests.
Finance has recommended making those purchases in 2017 instead out of the
Criminal Justice Fund. The Criminal Justice Fund has a rather large fund balance
and it is preferred to use those funds and not tap into the school zone camera fund.
Finance is processing a budget change for 2017 and will be bringing it to the
Operations Committee as part of the Q3 Supplemental Budget Adjustment.
Item Amount
Utility Budget Truck 65,000
Evidence Processing Equipment 125,000
Handgun flashlights & holsters 42,000
Firing Range baffle supports 20,000
Rifle suppressors and compensators 135,000
Total: 387,000
EXHIBITS: n/a
BUDGET IMPACTS: n/a
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 12, 2017
TO: Public Safety Committee
FROM: Chief Thomas
SUBJECT: Chief’s Report – Information Only
MOTION: Information Only
SUMMARY: n/a
EXHIBITS: n/a
BUDGET IMPACTS: n/a
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