HomeMy WebLinkAboutInteragency Agreement Between KC Sheriffs and WA Traffic SafetyINTERAGENCY AGREEMENT
BETWEEN
Kittitas County Sheriff's Office AND
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the Kittitas County Sheriff's Office,
hereinafter referred to as "AGENCY," and the Washington Traffic Safety Commission , hereinafter
referred to as "WTSC."
THE PURPOSE OF THIS AGREEMENT is to provide funding for the AGENCY to conduct
multijurisdictional, high visibility enforcement (HVE) traffic safety emphasis patrols (as outlined in
Exhibit A), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or Law
Enforcement Liaison (LEL) assigned to the AGENCY shall coordinate the Scope of Work as
outlined below with the goal of reducing traffic related deaths and serious injuries.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The AGENCY shall conduct specific HVE patrols as described in the Statement of Work attached as
Exhibit A and as coordinated by the local TZM and/or LEL.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on October 1, 2016 and remain in effect
until September 30, 2017 unless terminated sooner, as provided herein.
COMPENSATION AND CONDITIONS
Compensation for the work provided in accordance with this Agreement has been established under the
terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not
exceed $10,217.00 (ten thousand, two hundred and seventeen dollars) Funds break down into the
following enforcement overtime categories:
Statewide Impaired Driving Patrols: $3,160.00
Grant Award # Section 402
Statewide Distracted Driving Patrols: $1.420 .00
Grant Award # Section 402
Statewide Seat Belt Patrols: $1,152.00
Grant Award # Section 402
Flex Funding: $2,135.00
(Local DUI, Speed, Distracted, and Seat Belt Patrols)
Grant Award # Section 402
Speed Reduction Project: $2,350.00
Grant Award # Section 402
These funds shall not be commingled and are only to be utilized for the specified
emphasiS area.
See Exhibit C for detailed federal award information.
PARTICIPATION REQUIREMENTS AND CONDITIONS:
For each of the emphasis patrols listed above, Multijurisdictional High Visibility En forcement
Prot0cols, as outlined in Exhibit B of this document, will be followed. Exceptions to these protocols
may only be provided by the WTSC Program Manager.
Standardized Field Sobriety Testing (SFST) Training Requirement
The AGENCY certifies that all officers participating in traffic safety emphasis patrols are SFST trained .
To meet this requirement:
Officer must be SAC certified and have passed the SFST refresher training within the
prior three years, or
Officer must have successfully completed Advanced Roadside Impaired Driving
Enforcement (ARIDE), or
Officer must be a certified Drug Recognition Expert.
SHIFT LENGTH: The AGENCY will not schedule individual officer overtime shifts for longer than eight
hours. WTSC understands there may be instances when more than eight hours are billed because of
DUI processing, etc.
RESERVE OFFICERS: The AGENCY certifies that any reserve officer for whom reimbursement is
claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol
and is authorized to be paid the amount requested . Reserve officers may only be paid at the normal
hourly rate and not at the 1.5 overtime rate.
DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project
providing Agency has received prior approval from the designated TZM.
ALLOWABLE COSTS: The AGENCY will provide commissioned law enforcement with appropriate
equipment (vehicle, radar, PSTs etc.) to participate in the emphasis patrols. WTSC will reimburse for
overtime at 1.5 times officer's normal rate plus AGENCY's contributions to employee benefits including
FICA, Medicare, Worker's Compensation and unemployment. The total cost of salary and benefits shall
not be exceeded in anyone enforcement overtime category and funds may not be commingled between
campaign areas .
PERFORMANCE STANDARDS
Participating law enforcement officers are required to make a minimum of 3 self-initiated contacts per
hour of enforcement. Some violator contacts may result in related, time-consuming activity. This activity
is reimbursable. Other activities, such as collision investigation or emergency response that are not
initiated through emphasis patrol contact WILL NOT be reimbursed.
BILLING PROCEDURE
The AGENCY shall submit invoices for reimbursement with supporting documentation to WTSC
monthly. All invoices for reimbursement shall be submitted via WTSC's Enterprise Management System
(WEMS), and associated with approved HVE logs. Payment to the AGENCY for approved and
completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the
invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted
within 45 days after the expiration date of this Agreement. All invoices for goods received or services
performed on or prior to June 30, must be submitted in WEMS no later than July 31. All invoices for
goods or services performed on or prior to September 30, must be received by WTSC no later than
November 15.
OVERTIME REPORTING
The AGENCY agrees to have all personnel who work HVE patrols complete officer Emphasis Patrol
Activity Logs in WEMS within 48 hours of the end of all shifts worked. These same logs will be
associated with invoices as detailed above.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this contract
shall be made by the WTSC.
AGREEMENT ALTERAnONS 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. Upon
agreement by the AGENCY and the local TZM, allocation categories may be increased or decreased
without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50%
of the original agreed amount for the specific category. Any increase in allocation exceeding 50% will
require an amendment to this document.
STATE AND FEDERAL TERMS AND CONDITIONS
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the party, which
consent shall not be unreasonably withheld. The AGENCY shall provide the WTSC a copy of all third-
party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in
Exhibit A. All third-party awards must allow for the greatest practical competition in accordance with
applicable procurement rules and procedures.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its
own attorney fees and costs.
BUY AMERICA ACT
The AGENCY will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains
the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased with
Federal funds unless the Secretary of Transportation determines that such domestic purchases would
be inconsistent with the public interest, that such materials are not reasonably available and of a
satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project
contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in
the form of a waiver request submitted to and approved by the Secretary of Transportation.
CONFIDENTIALITY I SAFEGUARDING OF INFORMATION
The AGENCY shall not use or disclose any information concerning the WTSC, or information which may
be classified as confidential, for any purpose not directly connected with the administration of this
contract, except with prior written consent of the WTSC, or as may be required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. The
AGENCY shall not utilize Federal grant funds to replace routine and/or existing State or local
expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses
required to carry out the overall responsibilities of State, local, or Federally-recognized Indian tribal
governments.
COVENANT AGAINST CONTINGENT FEES
The AGENCY warrants that no person or selling agent has been employed or retained to solicit or
secure this contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
AGENCY for the purpose of securing business. The WTSC shall have the right, in the event of breach
of this clause by the AGENCY, to annul this contract without liability or, in its discretion, to deduct from
the contract price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the AGENCY (hereinafter in this section referred to as
"prospective lower tier participant") is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred , suspended , ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in
this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You
may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
regulations .
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated .
6 . The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible , or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
9 . Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred , suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency .
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board . The Dispute
Board shall review the facts, agreement terms and applicable statutes and rules and make a
determination of the dispute. The determination of the Dispute Board shall be final and binding on the
parties hereto . As an alternative to this process, either of the parties may request intervention by the
Governor, as provided by RCW 43.17.330, in which event the Governor's process will control.
DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the
AGENCY shall publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify
the actions that will be taken against employees for violation of such provision. The AGENCY shall
establish a drug-free awareness program and require that employees provide notification of any criminal
drug statute conviction for a violation occurring in the workplace no later than five days after such
incident. The AGENCY shall notify WTSC within ten days after such notification by an employee
engaged in the performance of the grant. Within 30 days, the AGENCY will take appropriate personnel
action against such employee, up to and including termination, and require the employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a
Federal, state, or local health, law enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the AGENCY shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received-
I. 80 percent or more of its annual gross revenues in Federal awards;
II. $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior executives of
the entity through periodic reports filed under section 13( a) or 15{ d) of the Securities Exchange Act of
1934 or section 6104 of the Internal Revenue Code of 1986;
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement , and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule , the inconsistency shall be resolved by giving precedence in the following order:
a . Applicable state and federal statutes and rules ;
b . Terms and Conditions of this agreement;
c. Any Amendment executed under this Contract;
d. Any Statement of Work executed under this Contract; and
e. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Income earned by the AGENCY with respect to the conduct of the Statement of Work (e.g. sale of
publications, registration fees, service charges) must be accounted for and income applied to project
purposes or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by law, the AGENCY shall indemnify, defend, and hold harmless state,
agencies of state and all officials , agents and employees of state, from and against all claims for injuries
or death arising out of or resulting from the performance of the Contract. The AGENCY's obligation to
indemnify, defend, and hold harmless includes any claim by the AGENCY's agents, employees,
representatives, or any subAGENCY or its employees.
The AGENCY expressly agrees to indemnify, defend, and hold harmless the state for any claim arising
out of or incident to AGENCY's or any subAGENCY's performance or failure to perform the Contract.
The AGENCY waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless state and its agencies, officials, agents or employees .
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
LICENSING ) AC CREDITAT ION AND REGISTRATION
The AGENCY shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements/standards, necessary for the performance of this contract.
NONDISCRIMINATION
The AGENCY 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. Tthe Civil Rights Restoration Act of 1987 (Pub. L.1 00-259), 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. Tthe comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (Pub. L. 91-016), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
8. 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, et 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.
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 ACn
The AGENCY will comply with provisions of the Hatch Act (5 U .S.C. 1501-1508) which limits the political
activities of employees whose principal employment activities are funded in whole or in part with Federal
funds.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance
of the service(s) described herein. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor,
and federal officials so authorized by law. All books, records, documents, and other material relevant to
this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal
auditors, and any persons duly authorized by the parties shall have full access and the right to examine
any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will
not disclose or make available this material to any third parties without first giving notice to the furnishing
party and giving it a reasonable opportunity to respond . Each party will utilize reasonable security
procedures and protections to assure that records and documents provided by the other party are not
erroneously disclosed to third parties.
RIGHT OF INSPECTION
The AGENCY shall provide right of access to its facilities to the WTSC, or any of its officers, or to any
other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
contract.
The AGENCY shall make available information necessary for WTSC to comply with the right to access ,
amend, and receive an accounting of disclosures of their Personal Information according to the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised
pursuant to the HIPAA provisions and applicable provisions of Washington State law. The AGENCY
shall upon request make available to the WTS and the U.S . Secretary of the Department of Health &
Human Services all internal policies and procedures, books , and records relating to the safeguarding,
use, and disclosure of Personal Information obtained or used as a result of this contract.
RIGHTS IN DATA
Unless otherwise provided , data that originates from this Agreement shall be "works for hire" as defined
by the U.S . Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event
the Materials are not considered "works for hire" under the U.S. Copyright laws, the AGENCY hereby
irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the
WTSC effective from the moment of creation. Data shall include, but not be limited to data, reports ,
documents , pamphlets, advertisements, books , magazines , surveys, studies , computer programs, films ,
tapes, and/or sound reproductions. Ownership includes the right to copyright , patent, register, and the
ability to transfer these rights.
The AGENCY may publish, at its own expense, the results of project activities without prior review by
the WTSC, provided that any publications (written , visual, or sound) contain acknowledgment of the
support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any
discovery or invention derived from work performed under this project shall be referred to the WTSC,
who will determine through NHTSA whether patent protections will be sought, how any rights will be
administered, and other actions required to protect the public interest.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this contract and prior to normal completion, the WTSC may terminate the
contract under the "Termination for Convenience" clause, without the ten day notice requirement,
subject to renegotiation at the WTSC 's discretion under those new funding limitations and conditions .
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision , if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this agreement, and to this end the provisions of this Agreement are
declared to be severable.
STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any State or local legislative body. Such activities include both direct and indirect (e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary
is supported with NHTSA funds from engaging in direct communications with State or local legislative
officials, in accordance with customary State practice, even if such communications urge legislative
officials to favor or oppose the adoption of a specific pending legislative proposal.
TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the AGENCY or its staff shall be the sole responsibility of the AGENCY .
TERMINATION FOR CAUSE
If 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. The CONTRACTOR may be
given the opportunity to correct the violation or failure within 15 (FIFTEEN) days. If the
CONTRACTROR is given the opportunity to correct the violation and the violation is not corrected within
15 (FIFTEEN) days, this contract may be terminated by written notice of the WTSC .
TERMINATION FOR CONVENIENCE
Either party may, by 30 (THIRTY) days written notice, terminate this contract. If this contract is so
terminated, the WTSC shall be liable only for payment required under the terms of this contract for
services rendered or goods delivered prior to the effective date of termination.
TREATMENT OF ASSETS
1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the AGENCY, for the cost of which the AGENCY is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in the WTSC upon delivery of such property
by the AGENCY. Title to other property, the cost of which is reimbursable to the AGENCY under this
contract, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of
this contract, or (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 AGENCY shall, unless otherwise provided herein or
approved by the WTSC, be used only for the performance of this contract.
3. The AGENCY shall be responsible for any loss or damage to property of the WTSC which results
from the negligence of the AGENCY or which results from the failure on the part of the AGENCY to
maintain and administer that property in accordance with sound management practices.
4. If any WTSC property is lost, destroyed or damaged, the AGENCY shall immediately notify the
WTSC and shall take all reasonable steps to protect the property from further damage.
5. The AGENCY shall surrender to the WTSC all property of the AGENCY prior to settlement upon
completion, termination or cancellation of this contract.
6 . All reference to the AGENCY under this clause shall also include AGENCY's employees, agents or
SubAGENCIES.
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.
PRIMARY 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 Primary Contact for the AGENCY
is:
The Contact for WTSC is:
Name
Title
Mailing Address
Phone
Email
Angie Ward
Program Manager
PO BOX 40944
Olympia, WA 98504 -0944
360-725-9888
award@wtsc.wa .gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
AGENCY NAME WA TRAFFIC SAFETY COMMISSION
Signature Signature
Printed Name Printed Name
Title Date Title Date
Please return this signed Agreement to your Target Zero Manager:
Eveline Roy
We n atchee Police Depa rtment
140 S. Mission Street
Wenatchee, WA 98801
Er.roy@frontier.com
509.670.8914 Cell
509.888 .4205 Work
Target Zero Manager will forward this signed document to:
WTSC
621 - 8
th Avenue SW , Suite 409
PO Box 40944
Olympia, WA 98504-0944
Exhibit A
STATEMENT OF WORK
1. GOAL: To reduce traffic related deaths and serious injuries through aggressive impaired
driving, occupant protection, speeding and distracted driving multijurisdictional HVE patrols.
2 . SCOPE OF WORK:
The specific dates for individual campaigns are subject to change .
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or
part of the following dates:
Holiday DUI Patrols; December 15, 2016 -January 1,2017
Drive Sober or Get Pulled Over Labor Day DUI Crackdown;
August 18 -September 4,2017.
These DUI patrols shall be deployed at locations where the data indicates that the most
traffic safety benefit can be realized as determined by the local Traffic Safety Task Force.
Whenever possible statewide mobilization patrols shall begin after 4 :00 p.m . and will occur
Friday-Sunday.
Law enforcement officers will complete an EmphasiS Patrol Activity Log in WEMS within 48
hours of the completion of the patrols.
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or all of the
following dates as part of the national effort:
Click it or Ticket -May 22 -June 4, 2017
These patrols shall be deployed at locations where the data indicates that the most traffic
safety benefit can be realized as determined by the local Traffic Safety Task Force.
Whenever possible these patrols shall occur in areas with the lowest seat belt use. Ideally,
these patrols will not begin before 4:00 pm.
Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48
hours of the completion of the patrols.
Distracted Driving
Agency may engage in multijurisdictional HVE distracted driving focused patrols, as part of
the national effort, for all or part the following dates:
U Drive. U Text. U Pay. -April 3 -16,2017
These patrols shall be deployed at locations where the data indicates that the most traffic
safety benefit can be realized as determined by the local Traffic Safety Task Force.
Wherever possible these patrols shall occur in areas with the highest number of distracted
driving violations.
Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48
hours of the completion of the patrols.
Motorcycle Safety Patrols -July 28, 2017 -August 13, 2017
These motorcycle safety patrols shall be deployed at locations where the data indicates that
the most traffic safety benefit can be realized as determined by the local Traffic Safety Task
Force.
Patrols should focus on the illegal and unsafe driving actions of motorcycles.
Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles
when relating to motorcycles. This includes failure to yield to a motorcycle, following too
closely to a motorcycle, etc.
Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48
hours of the completion of the patrols.
Whenever possible, AGENCY should include motorcycle officers in these patrols .
Flex Patrols:
The local Task Force may coordinate local HVE impaired driving, seatbelt, distracted
driving, or speeding patrols during the contract period. Refer to each section above for the
scope of work for each category. Dates may not coincide with statewide patrol periods.
Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the
county Target Zero Manager. Refer to Exhibit B for patrol plan due dates. Only work done
on Task ForcelTZM pre-approved dates will be considered for reimbursement.
Speed Reduction Project
Funds permitting, the local Task Force may coordinate local HVE patrols focused on
speeding drivers during the contract period. Dates may not coincide with any
national/statewide or other local flex patrols. Dates of local patrols will be reported in
advance to the WTSC on a quarterly basis by the county Target Zero Manager. Only work
done on Task ForcefTZM pre-approved dates will be considered for reimbursement.
Description of HVE can be found in Exhibit B.
CONDITIONS:
For each of the emphasis patrols listed above, Multijurlsdictional High Visibility
Enforcement Protocols, as outlined in Exhibit B of this document will be
followed. These protocols are incorporated in their entirety to this document by reference .
Exceptions to these protocols may only be provided by the WTSC Program Manager.
Standardized Field Sobriety Testing (SFST) Training Requirement
Agency certifies that all officers participating in these patrols are
SFST trained. To meet this requirement:
Officer must be BAC certified and have passed the SFST refresher training
within the prior three years, or
Officer must have successfully completed Advanced Roadside Impaired Driving
Enforcement (ARIDE), or
Officer must be a certified Drug Recognition Expert.
Media Contacts:
All of these patrols are conducted as part of a highly publicized, statewide effort. As such,
publicity campaigns about these patrols are planned to alert the public to the fact that extra
patrols are targeting these violations. Therefore, Agency must provide the names of at least
two agency officers who can be available for media requests and questions.
*At least one of the individuals listed below must be available for weekend media
contacts, beginning at noon on Fridays before mobilizations:
Namerntle
Office Phone & e-mail
Cell Phone
Exhibit B
Multijurisdictional High-Visibility Enforcement Protocols
Pu r pose
This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law
enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE)
mobilizations to address impaired driving, distracted driving, speeding, and seat belt use.
These mobilizations are funded by federal highway safety grants.
The goal of multijurisdictional high-visibility campaigns is to reduce fatal and serious injury
collisions through the coordination of:
• Publicity addressing increased enforcement, and
• Increased contacts and arrests of violators.
Method
Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional
HVE patrol activities to increase the number of officers working on impaired driving, distracted
driving, speeding, and occupant protection enforcement. Public education and media will be
coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement
activity will support the media effort by demonstrating to the public that the media messages are
true; i.e., that "extra enforcement patrols (with a particular focus) are going on now" so that the
public takes the media messages seriously.
The media work will support the police effort by encouraging voluntary compliance with the law.
The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising
the awareness of increased enforcement.
Definitions :
• HVE is enforcement of the law in conjunction with publicity that draws the attention of the
public to the enforcement activity.
• Multijurisdictional enforcement is defined as a minimum of three law enforcement
agencies (LEA's) or patrol units participating at a designated date and time, enforcing a
specific activity, in a location determined by the local Target Zero Task Force.
Responsibilities
WTSC:
• Provide funding .
• Provide state/local traffic fatality and serious injury data.
• Coordinate paid media at the state level for statewide and local mobilizations (when
possible).
• Lead news media efforts for:
o Holiday DUI
o Click It or Ticket
o U Drive. U Text. U Pay.
o Drive Sober or Get Pulled Over
• Summarize statewide enforcement activity.
• Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility Enforcement Mobilization
Plans.
• Submit local patrol plans for local DUI, seat belt, speeding, and distracted mobilizations
to the WTSC on quarterly basis:
Plans Due : For local patrols planned from:
Aug ust 31 ,2016 October 1 -December 31 ~ 2016
October 31 ,2016 January -March , 2017
January.30, 2017 April -June , 2017
A~ril 30, 2017 July -September, 2017 .. *One yearly plan for local mobilizations may be submitted in lieu of four quarterly plans .
• Coordinate mobilization briefings.
• Lead news media and community outreach efforts for local mobilizations.
• Review and approve all IMs, invoices, and other documentation before submission to
WTSC. This includes follow-up on incomplete invoicing paperwork and Emphasis Patrol
Activity Logs with unexglained low contacts.
Law Enforcement Agencies:
• Send a representative to local task force meetings to plan mobilization locations and exact
dates.
• Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and
during all mobilization dates.
• Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment
(vehicle, radar, etc.) to participate in multijurisdictional HVE patrols.
• Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to
enforce the impaired driving laws as outlined on page 2, section 3 of this agreement.
• Require all officers participating in multijurisdictional HVE patrols to attend mobilization
briefings.
• Ensure officers working the overtime conduct a minimum of three (3) self-initiated contacts
per hour.
• Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC
Emphasis Patrol Activity Log .
Exhibit C
Federal Agency -National Highway Traffic Safety Administration
Funding Grant Award # Grant Award Name CFDA HVE
Source # Categories
402 Section 402 State and Community 20 .600 Statewide DUI,
Highway Safety Program Distracted Driving,
Seat Belt, Local
Flex , Speed ,
Motorcycle
National Priority Safety
Programs
405b Map-21 Section 405b Occupant Protection 20 .616
405c Map-21 Section 405c State Traffic Safety 20 .616
Information Systems
405d Map-21 Section 405d Impaired Driving 20 .616 TZT
Countermeasures
405d II Map-21 Section 405d II Impaired Driving Ignition 20.616
Interlock
405f Map-21 Section 405f Motorcycle Safety 20 .616