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HomeMy WebLinkAboutRes-2019-021 Interagency Agreement WTSCBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2019 -C)2.f A RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY SHERIFF'S OFFICE AND THE WASHINGTON TRAFFIC SAFETY COMMISSION WHEREAS , RCW 39 .34 , the lnterlocal Cooperation Act, provides the capab ility for public agencies to cooperate by providing services and facilities for mutual advantage; and WHEREAS , the Washington Traffic Safety Commission (WTSC) and Kittitas County Sheriff's Office (KCSO) have the ability and desire to enter into such a cooperative agreement , a copy of which is attached hereto and incorporated by reference as Exhibit A, and WHEREAS , the WTSC has and will provide overtime funding to law enforcement agencies to conduct high visibility enforcement (HVA) traffic safety emphasis patrols and related activities as outlined in Exhibit A, in support of Target Zero priorities and ; WHEREAS , that funding facilitates the goals and duties of the Kittitas County Sheriff's Office in improving the safety of the motoring public by providing these emphasis pa t rols while reducing the fiscal impact on the County, NOW , THEREFORE , BE IT RESOLVED AND IT IS HEREBY ORDERED, That the Agreement between Kittitas County Sheriff's Office and the Washington Traffic Safety Commission for high vis ibility emphasis patrol is adopted. ADOPTED this 5fY' RESOLUT IO N day of ft~ 2019 . BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON APPROVED AS TO FORM : Approved Electronically D. R. Mitchell Deputy Prosecuting Attorney INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION AND Kitt itas County Sheriffs Office THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commiss io n, hereinafter referred to as "WTSC," and Kittita s County Sher iff s Offi ce , hereinafter referred to as "S VB-RECIPIENT." 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: 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding , prov ided by the United States Department of Transportation (USDO T) National Highway Tra ffic Sa fet y Administration (NHTSA) and allowed under the Assistance List ings Catalog of Federal Domestic As si sta nce (CFDA) numbers 20 .600 and 20 .6 l6 , for the SUB-REC IPIENT to partic ipate in traffic safety grant pr oje ct 2019 -HVE-3249-REGION 12 TARGET ZERO MANAGER, specifically to provide funding fo r the SUB-RECIPIENT to co nduct overt ime high-visib ility enforcement (HVE) traffic safety emphasis patrols and related ac tiv ities as outlined in the Statement of Work (SOW), in support of Target Zero prioritie s. Grant 20 19-HVE -3249-REGION 12 TAR GET ZERO MANAGER was awarded to the Region 12 to support collaborative efforts to conduct HYE activ ities . By s igning this agreement, the SUB-RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in the region 's HYE grant. The Target Zero Manager (TZM ) and /o r th e-Law Enforcement Liaison (LEL ) shall coordinate the SOW with the SUB-RECIPIENT with the goal of reducing traffic-related deaths and ser ious injur ies. 2. PERIOD OF PERFORiVli\NCE The per io d of perform ance of this Agreement sh a ll commence up o n the date of executi o n by both Parties , but not ear lier than Octobe r I, 2018 , and remain in effect until September 30 , 2019 , unles s terminated sooner, as provided herein. 3 . STATEMENT OF WORK Not e: Thi s statement of work applies onl y to HYE empha s is areas for whic h you r agency has rec eived HYE funding . G A L: T o reduce tra ffic rel atc:d death s and sc:r io us in j uri es thr ough education of impaired driving, occupant pr o re ti on, speeding an d di tra cted driving multijurisdict ional HYE patr o ls thro ughout the state. COPE OF WORK: The tatewide high visibil ity enforcement patrols are paired with media participat ion to engage, det er, and educate dri vers about the impacts of making unsafe decisi ons when driving. Outreach effo rts are sup po rted by the WTS C during statewid e HVE campaigns. Reg iona l TZtvfs also support pu bl ic out reach efforts du ring lo call y planned HVE events . Below are descriptions of the Scope of Work for each fun din g category . Th v TSC accepts • ritten requests for moderations to the Scope of Work through the reg ion al Target Zero Manager . This grant provides funding for HYE enforcement in a variety of emphasis areas: impaired driving enforcement, distracted driving enforcement, seat belt use enforcement, flex patrols, motorcycle safety patrols, Target Zero Teams. HYE Enforcement Plan Requirement: A HYE Mobilization Plan is required prior to all HYE activity. The local traffic safety task force and TZM are responsible for submitting this fonn to the WTSC HYE Program Manager prior to enforcement activities begin. This form serves as prior approval for HYE events and includes the following information : • Problem Statement • Description of en forc ement strategy, including expected law enforcement agencies participating in the event, ta rget violation, and target locations • Public outreach strategy • Evaluation plan Statewide Impaired Driving Enforcement: The agency will engage in multijurisdictional HYE patrols , as part of the national effort, for all or part of the following campaigns : • Holiday DUI Patrols -December 12 -January 2 • Drive Sober or Get Pulled Over -August 14 -September 2 The 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. Except when prior approval is provided, impaired driving HYE must begin after 6:00 p.m and will occur Thursday-Sunday. Up to 40% of funding in this category can be expended outside of the campaign periods . However, the funds must only be used for impaired driving enforcement and during another national impaired driving enforcement campaign or other large loca l event. Thi s funding can be used to sup port the professional growth of officer s wit h limited exp os ure to impaired dri ving enforcement. With the approval of the reg io n's TZM and WTSC, officers can pa1tic ipate in mentoring for impaired driving enforcement. Requirements for this use of funds include the following: • WTSC approval for impaired driving ment orship is done th ro ug h the HYE Mo biliza tio n Plan . Appro va l for ment orsh ip must be received prior to the activit y date . • The training officer must be a Drug Recognition Expert or AR1DE trained. o TZMs can submit a request for an officer who doesn't meet these requirements to be a mentor . This request must be deta iled on the HYE Mobilization Plan. • There must be a rev iew of the SFST procedure prior to the enforcement activity. • There is a limit of2 times per year that an officer can be a mentee. • Funds permitting. mentees will participate in at least I impaired driving mobilization after complet in g mentoring. • Each region or county-level task force can set additional requirements for participation in this use of funding. • To be eligib le for this activity, the task force must have a policy for DUI Mentoring. • Funding will pay for overt ime for the mentor officer and the rnentee officer. This funding can be used to conduct premise checks in bars and other establishments that sell alcohol. To be used for this purpose , the activity must meet the following requirements : • Approval for this activity is done through the HYE Mobilization Plan. This plan must be received prior to the activity date . It should include details such as the estimated number of hours and officers who will be participating in this activity. It should also inc lude a plan for what officers will discuss with the premise (Ex. distributing coasters, HYE dedication materials, mobilization creative, etc.) • Each establishment is counted as I contact on the Officer Activity Log. • The WA Liquor and Cannabis Board must be notified in advance of this activity to encourage collaboration and support . Statewide Distracted Driving Enforcement: The agency will engage in multijur isdictional HYE patrols, as part of the national effort, for all or part of the following campaign : • On the Road Off the Phone -March 28 -April 14 With the State of Washington's new distracted driving law, these patrols will be important to ensure through education and enforcement that drivers understand and are following the new law. These patrols shall be depl oyed 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 possib le these patrols shall occur in areas with the highest number of past distracted driving violations . Up to 40% of funding in this category can be expended outside of the campaign periods. How,ever , the funds must only be used for distracted driving enforcement. Statewide Seat Belt Use Enforcement: The agency will t:nga ge in multijur is d ictional HYE patrols , as part of the nati ona l effort, for all or part of the fo ll o,"in g campaign : • Click It or Ticket -Ma y 13 -June 2 Thes e patr ols sha ll be deplo yed ar loca tions where the dat a indic ates that the mos t traffic sa fe t, benefit can be rea lized as determi11ed by the local Traffic Safety Task Force. Whenever possi ble these pat rols shall occur in area:,; with the Lowest seat belt use. Up to 40 % of fi.mding in th is categ ory can be expended outside of the campaign periods . However, the funds must on l be used for sea t belt use enforcement. Flex Patrols: The local Ta sk Force may coordinate local impa ir ed driving, seatbelt, distracted driving, or speeding HYE events durrn g the contract per iod . Dates of flex HYE events may not coincide with statewide patrol periods. Dates of local patrols will be reported in advance to the WTSC. Ideally, the HYE mobilization plan s for flex patrols are sent to the WTSC for review at least 2 months prior to the event cf ate. Only enforcement activity conducted during a pre-approved eve nt will be considered for reimbursement. This funding can be used to su pp ort the profe ssio nal growth of offi cers wi th limited exposure to impaired dr iv ing enforcement. With the appro val of the regi on's TZM and WTSC, officers can partidpate in mento rin g for impaired driving en force ment. Requirements for this use of funds include the following: • The activity must be during a Friday or Saturday night. • WTSC approval for impaired dr iving mentorsh ip is done through email communication with the Targe t Zer o Teams WTSC Program Manager . Approval for mentorship must be received prior to the activity date. • The train ing officer must be a Drug Recognition Expert trained officer. o TZMs can submit a request for an officer who doesn 't meet these requirements to be a mentor . This request must be detailed on the HYE Mobilization Plan. • There must be a review of the SFST procedure prior to the enforcement activity. • There is a limit of 2 times per year that an officer can be a mentee. • Funds permitting, mentees will participate in at lea t I Target Zero Teams or other impaired driving enforcement mobilization after completing mentoring . • Each region or county-level task force can set additional requirements for participation in this use of funding . • To be el igible for this activity , the task force must have a pol icy for DUI Mentoring . • Funding will pay for overtime for the mentor officer and the mentee officer . This funding can be used to conduct premise checks in bars and other establishments that sell alcohol. To be used for this purpose , the activity must meet the following requirements : • Approval for th is acti vity is done through the HYE Mobilization Plan. This plan must be received prior to th e activity date. It sho uld include details such as the estimated number of hours and officers who w ill be participating in th is activ ity. It should a lso include a plan fo r what officers will d iscuss ,vith the prem ise (Ex. di stribut ing coasters , HYE dedi catio n materials , mobilization creative , etc .) • Each establ ishment is coun ted as I contact on the Officer Activity Lo g. • The WA Liquor and Can nab is Board mu st be notified in adva nce of this ac tivi ty to encourage collaboration and s upport. Motorcycle Safety Patrols The agency will en gage in mu lt ijurisdictional HYE patrols , as pa1t of the na tio na l effort, for all or part of the follow ing campaign: • Motorcycle Safety Patrols -July 5 -21 These motorcy cle sakty patrols shal l be depl oyed at loc ations where the data indica tes that the most traffic safety benefit can be real ize d as determ ined by th e local Tr aftic Safety Task Force . Patrols should focus on the illegal and un safe dri ving actions or moto rc yc le s tha t are known to cause serious and fatal crashe s. This include s speeding, impa ired riding, and followi ng too closel y. Patrols should a lso fo cus on the ille gal and Lmsafe drivin g actions of all other motor vehicles when relating to motorcycks. This includes speedin g. failure to yield to a motorcycle, following too cl osely to a mot orcycle, distracted d rivin g, etc . Whene ver possible , AGENCY should include motor cy cle officers in these patrols . Target Zero Teams Patrols: The agency will engage in impai re d driving multijurisdictiona l HYE patro ls. The DUI patrols shall be deployed at locatio ns where the data indicates that the most traffic safety benefit can be realized as determined by the loca l Traffic Safety Task Force. Whenever possibl e the Target Zero Teams patrols shall beg in after 4:00 p.m . Only work done on Task ForcerrZM pre-approv ed dates will be considered for reimbursement. Funds may be used toward impaired dri vi ng training purposes, on a case by case basis . Requests sh ould be made in wr it ing prior co the training , submitted to the TZM, an d a pproved by the WTSC. Target Zero Teams fu nding can be used to support the protessiona l growth of offi cers wi th li mited exposure to impai red driving enforcement. With the approval of the re gion 's TZM and WTSC , offi cers can participate in mentoring fo r impaired driving enforcement. Req uir ements for thi s use of funds include the following : • The acti vi ty must be during a Friday or Satu rd ay night. • WTSC approv al for impaired dri vi ng ment orship is done through ema il communicat io n with the Ta rget Zero Teams WTSC Program Manager. Appr oval for men to rship must be rece ived prior to the activity date. • The training offic er mu st be a Dru g Rec og nit io n Expert tr ained officer. o TZM s ca n submit a re quest for an officer who doesn 't meet thes e requirements to be a mentor . This request must be deta iled on the HYE Mobilizat ion Plan . • There must be a re vi ew o f the SFST pro cedure pri or to the enforcement activity . • There is a limit o f 2 time s per year that an officer can be a mentee . • Funds permitting , mentees wil l participate in at least I Target Zero Teams or other impaired driving enforcement mobi lization after completing mentoring . • Each reg ion or co·unt y-level task force ca n set additional requirements for participation in this use of funding . • To be eligible for thi s activity , the task force must have a policy for DUI Mentoring. • Funding will pay for overtime for the mentor officer and the men tee o fficer. Standardized Field Sobriety Testing (SFST) Training Requirement: The agency certifies that all officers participating in these patrols are SFST trained and meet the following 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 Impa ired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. • For impaired driving HYE mobilizations, there is one additional requirement: o Officers must have made a DUI/DWI arrest within the past twelve months. Media Contacts: All of the se pat ro ls are conducted as part of a highly publicized, educat ional effort. Publicity campaigns about these patrols are planned to alert the public to the fact that extra patro ls are targeting these violations. The WTSC requests that the SUB-REClPIENT posts tra ffi c safety information to their web-based platform s during statewide and locally coordinated HYE mobilizat ions . At least one individual must be available for weekend media contacts, beginning at noon on Fridays before mobilizations. 3.1. MILESTONES AND DELIVERABLES Mobilization DUI Holiday Patrols Distracted Driving Click [tor Ticket Motorcycle Safety Patrol DUI Drive Sober or Get Pulled Over 3 .2. CO!\-fPENSA TION Dates December 12 -January 2 March 28 -April 14 May 13 -June 2 July 5 -21 August 14 -September 2 3.2.1. Compensation for the overtime 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 SOW will not exceed the total grant award for the region. The funding award for the SU B-RECIPENT'S regi on is detailed in section All law enforcement agencie s wh o are act ive mem ber s o f the Reg io n 12 traffic sa fe ty tas k fo rce a re el igib le to participate in th is grant. Pa y ment fo r sati sfa ct o ry perfo rmance o f the overtime work shall not exceed thi s am o un t un less the Par ti es mutu a lly agree to a higher amount in a wri tte n Amendment to this Agreement executed by both Partie s . 3.2.2. WTSC will reimburs e for per sonnel overtime exp e nses at 15 0 percent of the offi cer 's normal salary rate plus SUB-RECIPIENT's contributi ons to emplo yee benefits, lim ited to the foll owing : • FICA • Medicare • Any portion of L & I that is paid by the employer (S UB-RECIPIENT) • Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above , are not eligible for reimbursement. Comp-time is not considered overtime and will not be approved for pa yment. The SUB-RECIPIENT wi ll provide law enforcement officers with appropriate equipment (e .g ., vehicles , radars , breath testers, etc.) to part icipate in the emphasis patro ls . 3.2.3. Up to 40% of the statewide enforcement funding can be expended during dates outside of the designated statewide campaign periods . However , impaired dr iving funds must be used during another nat ional impaired driving enforcement campaign or other large local event. 3.3. S UMMARY OF PROJECT COSTS The WTSC has awarded$ 51,082.00 to the Region 12 traffic safety task force for the purpose of conducting coordinated HVE activities . By signing this agreement, the SUB-RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region 's traffic safety task force and TZM in order to be e ligible for reimbursement. The funding fo r Reg ion 12 is as follows : Statewide Impaired Driving Patrols $ 15,500.00 (Section 405d , CFDA 20 .61 6) Statewide Distracted Driving Patrols $ 17,475.00 (Section 402, CFDA 20 .600 ) Statewide Click It or Ticket $ 10,367.00 (Set:ti o n 4056, CFDA 20.616 ) Flex Funding (Local DUI, Speed, Distracted, and Seat Belt Enforcement) $ 7,740.00 (Section 402 . CFDA 20 .600 ) Motorcycle Safety $ 0.00 (t 64 Funds. CFDA 20 .608 ) Target Zero Teams $ 0.00 (Section 405d . CFDA 20 .61 6) 3.3. l. The funds iss ued under thi s Agreement are onl y to be used for the specified cate go ry and sha ll not be comm ingled between categ o ries . APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. PARTICIPATION REQUlREMENTS AND CONDITIONS For each of the overtime emphasis patrols listed in the Statement of Work, the SUB-RECIPIENT will follow all protocols detailed in the "Multijurisdictional High Visibility Enforcement Protocols ," which will be provided by the WTSC. Exceptions to these protocols must be pre-approved by the WTSC prior to the emphas is patrol(s ). 5. PERFORJVUNCE STANDARDS Participating law enforcement officers working overtime hours are expected to make a minimum of three self-initiated contacts per hour of enforcement. The WTSC recognizes that some contacts may result in time- consuming enforcement-related activities, and these activities are reimbursable. Other activities , such as collision investigations or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 6. ACTIVITY REPORTS The SUB-RECIPIENT agrees to have all personnel who work HYE patrols submit an officer Emphasis Patrol Log to their regional TZNl, or by other approved means , within 48 hours of the end of all shifts worked . These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. 7. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 8. AGREEMENT ALTERAT(ONS AND AMENDMENTS This Agreement may be aml!nded by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties . Changes to the budget SUB-RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and s ignatures are not required. 9. 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 shal l be deemed to exist or to bind any of the Parties hereto. 10. ASSIGN i'HENT The SUB-REC[PIENT may not assign the work to be provided under this Agreement , in whole or in patt, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld . The SUB-REC[PIENT shall provide the WTSC a copy of all third-party contracts and agreements entered int o for purposes of fulfilling the SOW . Such third-patty contracts and agreements must follow appli cable federal , st ate , and local law , includ in g but not limited to pro curement la w, rules , and pro ced ures. If any of the funds pr ov ided under this Ag reement inc lude fund s fr om NHTSA , such th ir d-party contracts and agreements must includ e the federal pro vi sions set forth in this Agreement in sections 34 through 42 . J l. ATTORNEYS' FEES In the event of litigation or other act ion brought to en fo rce the Agreement terms , each Party agrees to bear its own attorney fees and costs . 12. BfLLINC PROCEDURE The SUB-RECIPIENT shalt submit monthly invoices for reimbursement to the TZM with supporting documentati on, as WTSC shall require. The TZM wilt submit all appr ove d invoices to the WTSC via WTSC's online grant management system within t0 days ofreceipt. All invoices for reimbursement include the following: • Form A-19 provided by WTSC or its pre-approved equivalent. The hourly rate of each officer included on the invoice must be identified. • Emphasis Patrol Log for each officer • WTSC's Overtime Log or the SUB-RECIPIENT's overtime approval sheets signed by the officer's supervisor Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfe r by WT C within 30 da ys of rece ipt of such pr o perly documented in voices acceptable to WTSC . Upon expirat io n of the Agreem ent , an y claim for payment not alread y made shall be submitted within 45 da ys after the expiration date of th is Agreement. Alt invoices for good s received or serv ic es performed on or prio r to June 30, 2019 , must be received by WTSC no later tllan August 10, 2019. All invoices for goods received o r serv ices performed be tween July I, 2019 and Septembe r 30 20 I 9, must be received by WTSC no later than November 15 , 2019. 13. CONFIDENTIALITY/SAFEGUARDING OF lNFORNLI\TTON The SUB-REC(P [ENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC , or as may be required by law . 14. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 15. COVENANT AGAINST CONTINGENT FEES The SUB-REClPfENT warrants tnat it has not pa id, and agrees not to pay , any bonus, commission, brokerage , or contingent fee to sol icit or secure this Agreement or to obtain approval of any application for federal financ ial assistance for thi s Agreement. The WTSC shall have the right , in the event of breach of this sect ion by the SUB-REC[PfENT, to annul this Agreement without liability . 16. DISPUTES 16.l. Disputes arising in the performance of this Agreement , which are not resolved by agreement of the Parties , shall be decided in writing by the WTSC Deputy Director or designee . This decisi o n shall be fina l and conclusive , unless within IO da ys from the date of the SU 8-RECIPIENT's receipt of WTSC's written decision, the S UB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be dec ided in writing by the Director or des ignee within 30 da ys of re ceipt o f th e appeal by the Dire ctor. The decision shall be bind ing upo n the S UB-RECIPIENT and the SUB-RECIPIENT shal l abide by the decision . 16 .2. Performance During Dis pute . Unl ess otherwise d irected by WTSC , the SUB-RECIPIENT shall co ntinue performance under this Agreement while matters in dispute are being resolved . 17. GOVERNA.NCE 17.1. This Agreement is en te red into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal la ws. The provi s ion s o f this Agreement shall be construed to confonn to those laws . 17.2. In the eve nt 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 follow ing order: 17.2.1. Appl icable federal and state statutes and rules 17.2.2. Terms and Conditions of th is Agreement 17.2.3. Any Amendment exe cuted under this Agreement 17.2.4. Any SOW executed under this Agreement 17.2.5. Any other provis io ns of the Agreement, including mater ial s incorporated by reference 18. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees , or service charges) must be accounted for, and that income must be appl ied to project purposes or used to reduce project cost s. 19. INDEMNIFICATION 19.1. To the fullest extent permitted by law , the S UB-RECIPIENT shall in demnify and hold harm less the WTSC , its officers , empl oyee s, and agents, and process and defend at its own expense any and all claims , demands , su its at la w or equity , actions, penalties , losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and /or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers , empl oyees , and agents arising out of, in connection with , or incident to the acts or omissions of the SUB-RECIPIENT, its officers, emplo yees , agents , contractors, and subcontractors. Prov ided , however , that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC , its agents , employees , or officers to the extent that cla im s 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 SUB-RECIPIENT , its officers, employees , agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees , or agents, or involves those act io ns covered by RCW 4 .24 .115 , the indemnity provisions prov ided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees , agents , contractors , or subcontractors. 19.2. The SUB-RECIPIENT waives its immunity unda Title 51 RCW to the extent it is required to indemnify, defend , and hold har mless the WTSC , its officers, employees , or agents. 19.3. The indemnifica ti on and hold harmless provi sion shall survive term ination of this Agreement. 20. I. DEPENDENT CAPACITY The employees or agents of each Part y wh o are engaged in the perfonnance of th is Agreement shall continue to be employees or agents of that Part y and shall not be considered for any purpose to be empl oy ees or agents of the other Party . 21. rNSURAl'iCE COVERAGE 21.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW , Indus trial Insurance , if required by law. 21.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW , prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liabi li ty insurance , private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB- RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 22. LfCENSING. ACCREDITATION. AND REGl TRATION The SUB-REC[ PIENT shall comply with all appl icable local , state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB- RECIPIENT 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 Agreement. 23. RECORDS MAINTENANCE 23.1. During the term of this Agreement and for six years thereafter. the SUB-RECIPIENT shall maintain books , records, documents, and other evidence that sufficientl y and properly ref1ect all d irect and indirect costs expended in the performance of the services described herein . These records shall be subject to inspection, review , or aud it 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 Agreement 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. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party , will remain the pr operty of the furnishing Part y, unless otherwise agreed . The receiving Party will not disclose or make availab le this material to any third Parties without first giving notice to the furnishing Pa rty and giving them 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 discl osed to third Part ies. 24. RIGHT OF INSPECTION The SUB-REC IP !ENT shall prov ide 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 performan ce, compl iance , and /or quality assurance under th is Agreement. The SUB-RECrPrENT sh a ll make available information necessary for WTSC to comply with the right to acces s, ame nd, and receive an acc ounting of disclosures of their Personal [nfomiation according to the Health Insurance Portability and Accountability Act of 1996 (HlPAA) or any regulations enacted or revised pursuant to the HI PAA provisi ons and applicable provisions of Washingt on State law . The SUB- RECIPIENT sl1all upon request make available to the WTSC and the Un ited States Secretary of the Department of Hea lth and Human Services all intt!rn a l policies and pr ocedures, books , and rec ords r lat ing to the safr guarding , use. and discl os ure of Personal In fo rmation obtained or u ·ed as a result of this Agreement. 25. RIGHTS IN DATA 25.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U .S. Copyright Act, 17 USC §IO I et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to , reports, documents, pamphlets, advert isement, books, magaz ines , 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 perfomi , publicly display , and the ability to otherwise use and transfer these rights. 25.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT 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. The S UB-RECIPIENT ma y publish , at its own expense, the results of project activities without prior re vi ew by the WTSC , provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and che 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. 26. SAVINGS In the event funding from state , federal , or other sources is withdrawn, reduced, or limited in any way after the effective dare of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agr eement under the "TERNIINATION FOR CONVENIENCE" clause, without the 30- day notice requirement. The Agreement is subject to renegotiation at the WTSC 's discretion under any new funding limitations or co nditions. 27. 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 provi s ion, if such rema inder 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 . 28. SITE SECURITY While o n WTS C pr emises , the S UB-R EC IPI ENT , it s age nts , emplo yees , or sub-c ont ra ctors shal l confo rm in a ll re spects with all WTS C ph ys ical, fir e, or ot her se cur ity po licies and appl icab le regu lat ions . 29 . TAXES All pa yment s o f pay ro ll taxe s, unem p loy ment contributions , an y other taxes, insurance, or other such expenses for the SUB-RECIPIENT or its staff sh all be the sole responsibility of the SUB-RECIPIENT. 30. TER.i'VHNATION FOR CA USE If the SUB-RECIPIENT does not fulfill in a timel y and proper manner its obligations under this Agreement or vio lates any of these terms and conditions , the WTSC will give the SUB-RECIPIENT written not ice of such failure or violation, and may terminate this Agreement immediately . At the WTSC 's discretion , the SUB-RECIPIENT may be given 15 days to correct the violati on or fa ilure . In the event that the SUB- RECIPIENT is given the opportunity to correct the viol ation and the violation is not corrected within the IS- day period , this Agreement may be terminated at the end of that period by written not ice of the WTSC . 31. TERMlNATlON FOR CONVENIEN CE Except as otherwise provided in this Agreement , either Party may terminate this Agreement, without cause or reason , with 30 days written notice to the other Party . If this Agreement is so term inated, the WTSC shall be liable only for payment requ ired under the term s of this Agreement for services rendered or goods delivered prior to the effective date of termination . 32. TREATlHE T Of ASSETS 32.1. Title to all property furnished by the WTSC shall rema in property of the WTSC. Title to all property furn ished by the S UB-RECIPIENT for the cos t of which the SUB-RECIPIENT is ent itled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPlENT. Title to other property , the cost of which is reimbursable to the SUB- REC[PIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement , or (ii i) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs . 32.2. Any property of the WTSC furn ished to the SUB-RECIPIENT shall, unless otherwise provided here in or approved by the WTSC, be used only for the performance of thi s Agreement. 32.3. The SUB-RECIPIENT shall be responsib le for any loss or damage to property of the WTSC which re sults fr o m the negl igence of the S UB-RECIPIENT or which results from the failure on the part of the SUB- RECIPIENT to mainta in and administer that property in accordance with sound management practices . 32.4. If any WTSC property is lost , destroyed , or damaged , the SUB-RECIPIENT shall immed iatel y notify the WTSC and shall take all reas onable steps to protect the property from further damage . 32.5. The S UB-REC IPIENT shall surrender to the WTSC all pro perty of the WTSC upon completion , termination, or cancellati on of this Agreement. 32.6. Al l reference to the S UB-REC LPIENT under th is cla use shall also in clude S UB-RECIPIENT's empl oy ee s, agent s, o r sub-contract ors. 33. WAIVER A failure by either Part y to exercise its ri ghts under this Agreement shall not prec lude that Part y fr om subsequent exercise of such right s and shall not co nstit ute a waiver of any other rights under th is Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 34. BUY Al.\'lERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 3 I 3) when purchasing items using federal funds . Buy America requires the SUB-RECIPIENT to purcha se 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. In order to use federal funds to purchase fo reign produced items , the WTSC mu st submit a waiver request th at provides an adequ at e basis and just.iftc ario n, and which is appro ved by the Se cr etary of Transportation . 35. DEBA.RlVlENT AND SUSPEN lON Instructions for Lower Tier Certification 35.1. By signing this Agreement , the SUB-RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out bel ow and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 35.2. The cert ification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into . If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment . 35.3. The lower tier participant shall provide immed iate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when subm itted or has become erroneous by reason of changed circumstances. 35.4. The tenns co vered transaction, deba rment , suspension , ineligible, lower tier , participant, person, primary tier, pr inc ipal , and voluntaril y excluded , as used in th is clause, ha ve the meanings set out in the Defin ition s and Covered Transactions sections of 2 CFR part 180 . 35.5. The lower tier participant agrees by sign ing this Agreem e nt tha t it shall not know ing ly enter into any low er tier co vered tran sact ion with a pers o n who is prop os ed fo r deb arm ent under 48 CFR pait 9, subpart 9.4, debatTed , su s pended , declared ineligibli:, or vol unt ar il y ex c luded from part ic ip atio n in thi s co vered tr ansac ti on, un le ss auth orized by NHTS A. 35.6. The lower tier part icip ant further agree s by signing th is Agreement that it will include the clause titled "Ins tructi o ns for Lower Tier Cert ification " including the "Certification Regardi ng Debarment. Sus pens io n. [nel igibility and Vol untary Exclusi on -Lower Tier Co vered Transacti on." with out mod ific ation , in all lower tier co vered trans actions and in all so licita tions for lower tier cov ered transactions , and wil l require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 35.7. A participant in a covered transacti on may rel y upon a certification o f a prospective participant in a lower tier covered transaction that it is not proposed for de barment under 48 CFR part 9, subpart 9.4 , debarred, suspended, ineligible, or voluntarily excluded fr om the covered transacti on, unless it knows that th e cert ificati o n is erroneous . A participant ma y 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 Ex cl uded from Federal Procurement and Non-procurement Programs . 35.8. Nothing contained in the foreg o ing shal I be construed to require establishment of a system of records in order to render in good faith the certificati on requ ired 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 bus iness dea lings . 35.9. Except for transac t ions authorized under paragraph 35.5 . of these instructions , if a participant in a covered transaction knowingl y enters into a lower tier covered transacti on with a person who is proposed for · debarment under 48 CFR part 9, subpart 9.4 , suspended , debarred , inelig ible , or voluntarily excluded fr om participation in this transaction , the department or agency with which this transaction originated may disallow costs, annul or term inate the transaction, issue a stop work order , debar or suspend you, or take other remedies as appropriate . Certificat ion Regarding Oebannent, Suspension, lneligibi lit y and Voluntary Exclusion -Lower Tier Covered Transaction s 35.10. The lower tier partic ipant certifies , by signing this Agreement, that ne ither it nor its principals are presently debarred, suspended, proposed for debarment , declared ineligible, or voluntarily excluded from part icipation in this transaction by an y federal department or agency. 35.11. Where the lower tier participant is un a ble t o cert ify to any of the statemen ts in this certificat io n, such part icipant shal l attach an explanation to this Agreement. 36. THE DRUG-FREE WORKPLACE ACT Of 1988 (41 U.S.C. 8103) 36.1. The SUB -RECfPIENT shall : 36.l.1. Publ ish a statement notifying emplo yees that th e unla w ful manufacture , distribution , dispensing , possession , or use of a controlled substance is proh ibited in the workplace, and shall spec ify the act ions that w il l be taken aga ins t emplo yees for viol ati on of such prohibition . 36.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of ma intaining a drug-free workplace ; any available drug counseling , rehabilitation , and employee assistance program s; and the penalties that may be imposed upon employees for drug viola tions occurring in the workplace . 36.1.3. Make it a requirement that each empl oye e engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1. l . of this section. 36.1.4. Notify the emplo yee in the statement required by paragraph 36 .1.1. of this secti on that , as a condition of employment under the grant, the employee will abide by the tenns of the statement, notify the employer of an y criminal drug statute conviction for a violation occurring in the workplace no later than five days after such convictio n, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving acn1al notice of such conviction . 36.J.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this sect io n, with respect to an y 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, la w enforcement, or other appropriate agency. 36.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 37. FEDER<\L FUNDINGACCOUNTABfLITY AND TRANSPARENCY ACT {FFATA) In accordance with FFATA, the SUB-REC[PlENT shall, upon request, provide WTSC the names and total compensat ion 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 ,0 00 or more in annual gross revenues from federal awards, and if the public does not have access to infonnation about the compensation of the senior executives of the entity through periodic reports filed under section I 3(a) or 15( d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986 . 38. FEDERAL LOBBYlNG 38.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 38. 1.1. No federa l 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 empl oy ee of Congress, or an employee of a Member of Cong ress in connecti o n 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, continuat io n, renewal, amendment, or modification of any federal contract , grant, loan, or cooperative agreement. 38.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for in fl uencing or attempting to influence an offi cer or employee of any agency , a Member of Congress, an officer o r 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 subm it Standard Form- LLL , Dis cl osure Form to Report Lo bb yi ng. in accordance with its instructions . 38.1.3. The undersigned shall require that the language of th is certification be included in the award documen ts for all sub-a wards at all t iers (including sub-c ontracts , sub-grants , and contracts under grant, loans, and cooperative agreements), and t hat all sub-recipients shall certify and disclose accordingly. 38.2. This certification is a material representati on of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequ isite for making or entering into th is 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. 39. NONDISCRfMINATION 39.1. During the performance of this Agreement, the SUB-REC[PIENT agrees: 39.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time . 39.1.2. 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. 39.1.3. To perm it access to its books , records, accounts , other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 39.1.4. That , in the event a contractor/fund ing recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate , including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies , and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 39.1.5. To insert this clause, including all paragraphs , in every sub-contract and sub-agreement and in every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. 40. POLITICAL ACTIVlTY (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S .C . 150 l-1508), which limit the political activit ies of employees whose principal employment activities are funded in whole or in part with federal funds. 41. PROfllBITfON ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-REClPlENT will not use 23 U.S.C . Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target mot orcycl ists . This Agreement does not inc lude any aspects or elements of helmet usage or checkpoint s, and so fully complies with this requirement. 42. STATE LOBBYING None of the funds under th is Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or o ppose the adopti on o f an y speci fie legislative propo sal pend ing before any state or local legislative body . Such activities include both direct and ind irect (e .g., "gras sroo ts'') lobbying activities , with one exceptio n. Th is does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct comm unications with state or loca l legisla tiv e officials, in accordance with customary state practice , even if such commun ications urge legislative officials to fa vo r or oppose the adoption of a specific pending legislative proposal. 43. DESIGNATED CONT ACTS The following named ind ividuals will serve as designated contacts for each of the Part ies for all communicat ions, notices, and re imbursement regarding this Agreement: The Contact for the SUB-RECIPIENT is: The Contact for WTSC is: Jason Goeman Jerry Noviello Deputy , Kittitas County Sheriffs Office WTSC Program Manager jason.goeman@co.kittitas.wa.us jnoviello@wtsc.wa.gov (509) 962-7525 360-725-9897 44. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein . IN WITNESS WHEREOF, the parties have executed this Agreement. Kittitas County Sheriffs Office /.l_ 91~~ ~-re--~-----" .... ~-'-...------ Darre n Higashiyama Printed Name Pr inted Name Commander Title Title ' 11/21/2018 Date Date WEMS WTSC ENTERPRISE MMUGEMEHT SYSH Grant Requirements Acknowledgement Form for High Visibility Enforcement (HVE) Mobilizations Enter Agency Name: jKittitas County Sheriffs Office This document is intended to guide law enforcement agenc ies, Target Zero Managers (TZM), and Law Enforcement Liaisons (LEL), in conducting overtime mobilizations funded by federal highway safety grant funds to address impaired driving, distracted driving, speeding, seat belt use, motorcycle safely, and Target Zero Teams (TZT). These requi rements are mandatory in accordance with signed HVE Interagency Agreements (IAA), and all exceptions to these requirements must be pre-approved by the Washington Traffic Safety Commission (WTSC) prior to the emphasis patrol(s). This document highlights the key responsibilities of the grantee Project Manager, the WTSC, Target Zero Managers (TZM), and Law Enforcement Liaisons (LEL). This document does not replace the comprehensive infonnation detai led in the IA.A. The information in the IA.A takes precedence over this document. Before beginning work on this grant project, the grantee Project Manager should thoroughly read and understand the terms of the IA.A. This Grant Requirements Acknowledgement Fonn provides an explanation of some key terms and highlights, but is not comprehensive. If the Project Manager has questions after reviewing this document, please contact the WTSC Program Manager assigned to this grant. When you, the grant Project Manager, acknowledge this document, you ce1tify that you understand the grant requirements and agree to fully comply with the terms and conditions set forth in the IA.A, as well as additional federal requirements outlined in the Code of Federal Regulations for Federal Grants and Agreements, as referenced below. If anything in this document conflicts with the IAA , the IAA takes precedence. PURPOSE AND METHODS OF HVE: The objective of HYE campaigns is to change driver behavior by raising traffic safety awareness through education and enforcement. This is achieved with: • Increased law enforcement activities targeting specific driving violations . Law enforcement presence must appear to be greater than typical. The enforcement plan is coordinated by the LEL and TZM. • Public education and media activities coordinated by WTSC , TZM, and/or LEL Page 1 of 9 WEMS ~--- W1SC ENTfRPR iSf MMUGcMfN f SYSTEM Funding from the WTSC supports overtime enforcement act iv ities to increase the number of officers enforcing impaired driving, distracted driving , speeding, motorcycle and occupant protection laws . The overtime law enforcement activi ti es suppo11 the media effo11 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 activities suppo11 the enforcement effort by encouraging voluntary compliance with the laws. DEFINITIONS: • "HYE" is enforcement o f the law in conjunction with publicity that draws the attention of the public to the enforcement activity. There are four components to HYE : o Enforcement -Law enforcement enforce traffic laws, using data to dete1mine target locations and violations. The WTSC prefers that multijurisdictional enforcement is used . However, if not possible, saturation and wave enforcement is allowed . o Publicity-The public knows about the patro ls before, during, and after they take place o Visibility-The public can clearly know that this enforcement is taking place. o Evaluation -Quantitative and qualitative evaluation is done to assess the project. • "Multijurisdictional enforcement" is defined as a minimum of two law enforcement agencies participating at a designated date and time, enforcing a specific activity; in a location determined by the local Target Zero Task Force. • Saturation enforcement is defined as a minimum of three law enforcement officers participating at a designated date and time, enforcing a specific activity, in a location determined by the local Target Zero Task Force. The number of officers should create an appearance of a high level of enforcement in the area . • Wave enforcement is defined as conducting coordinated enforcement activities at designated intervals over a period of days or weeks . Ex . speed enforcement daily in school zones during drop off and pick up times during the first week of the school year. SPECIFIC REQUIREMENTS: Before beginning to work on this grant, you must have: • A fully executed IAA or contract, signed by both parties. • Attested to the Grant Requirements Acknowledgment Form (this document). Work cannot begin before October I , 2018, or before the !AA is signed by all parties. Period of Performance: October I , 20 18 -September 30 , 20[9 . All work must be completed no later than September 30, 2019 . Page 2 of 9 WEMS WTSC ENTERPRISE MANAGEMENT SY SHM SELECT CONTR..\CT PROVISIO NS: • Statement of Work: This surnma1izes the work to be d o ne for this grant. If this changes significantly, the grantee will need to request a change in WEMS , and an !AA amendment may be required. • Period of Performance: October I , 2018 -September 30, 20 l 9 . All work must be completed, and goods and services must be received, no later than September 30, 20 I 9 . • Compensation: o All expenses must be incumd between October 1, 2018 and September 30, 2019 . o Expenses cannot exceed the total amount of the agreement, and must fall within the amounts of each budget category as listed in the IAA . o Funds cannot be moved between planned budget categories. o Upon agreement between the TZM and all other parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without amending the IAA. These alterations must be documented through email communication between all involved parties, including the TZM and the WTSC Fiscal Analyst. Budget alterations should not be approved by the TZM if the proposed funding amounts cause a region's maximum funding amount to be exceeded in any HYE category, unless the WTSC HYE Program Manager approves this budget adjustment. o WTSC will reimburse for personnel ove1time expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPlENT's contributions to employee benefits, limited to the following: • FICA, • Medicare, • Any portion of L & I that is paid by the employer, and • Retirement contributions paid by the employer (if the contribution is based on a percentage of hours worked). o The SUB-REC[PIENT w ill provide law enforcement officers with appropriate equipment (e.g ., vehicles, radars, breath testers, etc.) to participate in the emphasis patrols. o Up to 40% of the statew ide enforcement funding can be expended during dates outside of the designated statewide campaign periods . The funds can only be used for their originally intended purpose. • Advance Payments Prohibited: WTSC cannot pay any funds in advance to the HYE mobilization before completing the work. • Agreement Alterations and Amendments: Page 3 of9 WEMS 1 1 TS E HR RISE M ~ I £ j TE o Any chan ge s to the te rms of an agreement mu st be mutuall y agreed up o n by both patties and are often inc o rporated by written amendment to the agreement/contract. Such amendments shall o nly be bind ing if the y are in wr iting and s igned by personnel author ized to bind each of the patties. o Exceptions to this include alterati ons to the Primary Contact for the agency listed in WEMS . The regional TZM has the au thority to make these alterations if the affected patty agrees to the changes . • Billing procedure: o Submit for reimbursement monthly (if possible), after expenses are incurred. o Create an invoice and submit it to the regional TZM via email. The invoice shall include the following items: • An A-19 invoice voucher form or approved alternate • Proof of overtime. This can include the WTSC Overtime Certification Form or an approved alternate. • An Emphasis Patrol Activity Log for each officer listed on the A-19 o The regional TZM will review, approve, and submit the reimbursement to WTSC for payment. o Payment will be made by warrant or account transfer after receipt of invoice . o Invoices for all expenditures incurred before June 30 must be submitted by August 10. o Invoices for all expenditures incurred between July 1 -September 30 (end of project) must be submitted by November 10 . • Buy America Act: For any manufactured goods over $5,000, the grantee must provide written certification that the goods, including IT software and hardware, were produced in the USA. (This does not normally apply to HYE activities.) • Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff or expenditures . Must comply with 2 CFR Part 200 Suboart E. • Income: Any and all program income earned by the grantee during the grant period from activ ities conducted as part of the grant ( e .g., sale of publications, registra t ion fees, service charges, etc .) must be fully accounted for and applied to project purposes or used to reduce project costs. • Lobbying/ Political Activity: Because this grant uses federal funds, no work being funded by this grant can be used to lobby or otherwise influence state or federal officials, or support or oppose legislation; there is an allowance for "customary state practice ." • Records Maintenance: Maintain records pertaining to this agreement for 6 years after grant expiration. Page4of9 WE~S TSC E rrn RI EM (f H mr Standardized Field Sobriety Test (SFST) TRI\.INING REQUIREMENTS: The agency certifies that all officers pa11iciparing in these patrols are SFST trained and meet the following 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 (ARID£), or • Officer must be a ce11ified Drug Recognition Expert. • For impaired driving HVE mobilizations, there is one additional requirement: o Officers must have made a DUI/DWI arrest within the past twelve months. PERFOR.lVUNCE REQUIREMENTS: • All officers participating in HYE patrols are required to attend mobilization briefings if conducted . • Participating law enforcement officers are required to make a minimum of three self- initiated contacts per hour of enforcement. The WTSC recognizes that some contacts may result in time-consuming enforcement-related activities and that sometimes this performance goal is not possible to attain. Failure to meet the performance goal does not automatically mean reduction in reimbursement for the activity . Officers who do not meet the performance goal should document the reason, which will be reviewed by the TZM and LEL. • Other activities, such as collision investigations or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. Only h·affic safety enforcement and correlated activity is allowable for reimbursement. • All personnel who work HYE patrols must submit officer Emphasis Patrol Activity Logs to the regional TZM within 48 hours of the end of all shifts worked. The regional TZM will review, approve, and submit the reimbursement to WTSC for payment. SHIFT LENGTH: The law enforcement agency involved 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 due to DUI processing or other reasons. RESERVE OFFICERS: The law enforcement agency involved will ensure that any reserve officer for whom re imbursement is claimed has exceeded his/her norma l weekly working hours when participating Page 5 of 9 in an emphasis patrol and is authorized to be paid at the amount re qu ested. Rese rve officers ma y o nly be paid at the normal hourly rate and no t at the 15 0 percent overtime rate. DISPATCH: WTSC will reimburse communicatio ns officers/dispatch perso nnel for work on these patrols only if the law enforcement agency has received prior ap proval from the designated TZM. OTHER REQUIREMENTS: • Project Monitoring: o Site Visits: These are co nducted to rev iew performance, c ompliance, and qu al it y as surance . Site visits will be do ne at le ast o nce annually for all grants over $50,000 a nd may be conducted on an y gran t of any size, if the Program Manager d esires . o Other important infonnatio n can be shared via a message to the Program Manager. In your WEMS grant, click the Notes tab , and select "Note to App li cant". Type your note and click the blue Save button. These updates on achievements, issues, etc . are always welcome! • Promotional Item Purchase Restrictions: No promotional items can be purchased with these grant funds . • Single Audit Requirements: Required of an entity that expends $750,000 or more annually of federal funds, federal grants, or federal awards; usually perfonned annuall y . • Time-Keeping Requirements: When requesting reimbursement for overtime costs , back-up documentation substantiating overtime must be provided. RESPONSIBILITIES OF INVOLVED PARTIES: • WA Traffic Safety Commission: o Provi de funding . o Provi de state/local traffic fatality and serious injury data . o Coordinate paid media act ivities at the state level for statew ide and local mobil iz ations (when possible). o Lead news med ia efforts for: • S ta tew ide Impaired Driving Patrols • Statewide Distracted Driving Patrols • Statewide Seat Belt Patrols • Moto rcycle Safety Patrols • Target Zero Teams DUI Page 6 of9 WEMS WTSC ENHRPRISE MAN BEM NT SYSTEM o Support news efforts for : Local DUI , Speed , Distracted , and Seat Be lt Patrol s o Summatize statewide HVE enforcement activity. o Report results to the National Highway Traffic Safety Administration. • Target Zero Manager and Law Enforcement Liaison: o Coordinate mobilization briefings. o Lead news media and community outreach efforts for local mobilizations. o Review and approve all IAAs, invoices, and other documentation submitted through the WTSC Enterprise Management System (WEMS), email or other approved submission methods, before submission to WTSC. This includes follow-up on incomplete invoicing and Emphasis Patrol Activity Logs (such as those with unexplained low contact numbers). This expectation can be modi fied to better meet the needs of each region with approval from the WTSC HYE Program Manager. o Facili tate HYE mobilization planning at Target Zero Task Force meetings . For statewide HVE patrols • Submit HVE Mobilization Plan prior to the statewide campaign. • Submit evaluation data within I week of campaign closure • For Flex HYE patrols • Submit HVE Mobilization Plan prior to the statewide campaign. Ideally, the TZM will submit these plans to the WTSC 2 months prior to the HYE event date. This provides WTSC enough notice to support the HYE event with paid advertising . • Law Enforcement Agencies: o Send a representative to local Target Zero Task Force meetings to plan mobilization locations and exact dates . o Ensure availability of agency 's media contact prior to and during all mob il ization dates . o Provide commissioned police officers (active or paid reserve) with appropriate equipment (e.g ., vehic le, radar , etc.) to partic ipate in multijurisdictional HYE patrols. o Ensure that officers assigned to the HYE campaigns are qualified to enforce the impaired driving laws as outlined in this document. NEW REQUIREMENTS IN FEDERAL FISCAL YEAR 2019 : • HYE Mobilization Plans o Task forces are required to submit plan for each HYE mobilization . This plan includes , but is not limited to , the following items : • Statement of need Page 7 of 9 WEMS TSC £1 TE P !SE A • Law enforcement agencies part icipating • Enforcement strategy, inc luding target violation and location(s) • Communications strategy • Evaluation plan • .Impaired Driving Training Requirements: o The WTSC recognizes that mos t of th e vehicular fatalities invol ving impaired include impainnent by drugs . Because of this, the WTSC prefers officers who work these HYE mobilizations to be DRE or ARJDE trained . However, the minimum requirement for these HVE mobilizations are the following : • Completed SFST training within the past three years • Must have current BAC ce1tification • Must have made a DUI /DWI arrest within the past twelve months (new to FFY2019), unless the officer participated in DUI mentoring. • Statewide HVE Funding o Up to 40% of statewide HYE funding for impaired driving, Cl ick It or Ticket, and distracted driving can be spent outside of the statewide HVE campaign periods. • For impaired driving enforcement • Funds spent outside of the statewide campaign periods must be spent during another national impaired driving mobilization period or other large local event. • For distracted driving and seatbelt enforcement • Funds can be spent outside of the statewide campaign period based on need identified by local Target Zero task force. A mobilization plan is required prior to the enforcement mobilization. o Funding must be used for its original intended purpose . Ex . Statewide impaired driving funds must be used solely for impaired driving enforcement. • DUI Enforcement Mentoring o Statewide DUI and Flex Funding (during DUI mobilizations) can be used to support the professional growth of officers with limited exposure to impaired driving enforcement. With the approval of the regi on's TZM and WTSC, officers can participate in mentoring for impaired driving enforcement. Requirements for this use of funds include the following : • WTSC approval for impaired driving mentorship is done through the HVE Mob ilization Plan . Approval for mentorship must be received prior to the activity date . • The training officer must be a Drug Recognit ion Expert trained officer. • TZMs can submit a request for an officer who doesn 't meet these requ irements to be a mentor. This request must be detailed o n the HYE Mobilization Plan . Page 8 of 9 WEMS WTSC ENHRPRISE MANAGEMENT SYSTEM • There must be a review of the SFST procedure prior to the enforcement activity . • There is a limit of 2 times per year that an officer can be a mentee . • Funds permitting, mentees will participate in at least I impaired driving mobilization after completing mentoring. • Each region or county-level task force can set additional requirements for participation in this use of funding . • To be eligible for this activity, the task force must have a policy for DUI Mentoring. • Funding will pay for overtime for the mentor officer and the mentee officer. • Alcohol Premise Checks o Statewide DUI and Flex Funding (during DUI mobilizations) can be used to conduct alcohol premise checks in bars and other establishments that seU alcohol. To be used for this purpose, the activity must meet the following requirements: • Approval for this activity is done through the HVE Mobilization Plan. This plan must be received prior to the activity date. It should include details such as the estimated number of hours and officers who will be participating in this activity. It should also include a p lan for what officers will discuss with the premise (Ex. distributing coasters, HVE dedication materials, mobilization creative, etc.) • Each establishment is counted as 1 contact on the Officer Activity Log. • The WA Liquor and Cannabis Board must be notified in advance of this activity to encourage collaboration and support. By checking this box and typing your name below , you certify that you agree to fully comply with the terms and conditions set forth in the Agreement, as well as the requirements listed in this document. Typing your name below constitutes your electronic signature on this document. [ZJ I Agree e!ds1 11/21/2018 (Signature and Title) (Date) Page 9 of 9 Tha nk s ! Jaso n -------·-------------------- From: Eveline Roy [mailto:er.ro y @frontier.com ] Sent: Sunday, November 04, 2018 9:49 PM To: Jason Goeman Subject: OT Budget KCSO-Kittitas County Sheriff's Office Statewide Received Statewide Spent Impaired Driving $1 ,608 .00 $0 .00 Speeding $0 .00 $0 .00 Seat Belts $1,072 .00 $0.00 DD $2 ,010 .00 $0.00 KCSO-Kittitas County Sheriff's Office Flexible Received Flexible Spent $804 .00 Eveline Roy Target Zero Manager Wenatchee Police Department 140 S. Mission Street Wenatchee, WA 98801 509.888 .4205 Desk 509 .670 .8914 Cell $0.00 Flexible Remaining $804 .00 Notice: Email sent to Kittitas County may be subject to public disclosure as required by law. message id: 38eb459 16c6dcbdac24bb8719d004a14 2 j Statewide Remaining $1,608.00 $0.00 $1,072 .00 $2,010 .00 Today 's Date January 30,2019 Fund/Department 30 I Sheriff Kittitas County Review Form Grants & Contract Agreement Agenda Date February 5, 2019 Contract/Grant Information Contract /Grant Agency: Washington State Traffic Safety Commission (federal pass-thru grant) SH19-001 Period Begin Date : 10/1/2018 I I Period End Date: 09/30/2019 Total Grant/Contract Amount: $5,494.00 separated out between 4 categories: Impaired Driving= $1,608.00 Distracted Driving=$2,010.00 Seat Belt Patrols=$1,072.00 Flex Funding=$804.00 Grant/Contract Number: SH19-001 Contract/Grant Summary: The purpose of this agreement is to provide overtime funding for high visibility enforcement (HVE), traffic safety emphasis patrols and related activities . (As outlined in Exhibit A), in support of Target Zero priorit ies. Financial Information Total Amount $5,494.00 State Funds$ Federal Funds $5,494.00 Percentage County Funds Matching Funds$ CFDA# 20 .600 and 20.616 In-Kind $ Ex plain Is Equipment being purchased? NO Who owns equipment? New Personnel being hired? NO Contact HR hiring -reporting requirements Future impacts or liability to Kittitas County: Accounting for Federal grant funds. Budget Information Budget Amendment Needed? Yes D attach budget form No • New Division Created? NO Revenue Codes: Impaired driving (working w/Judy o n codes for BA) Distracted driving Seat Belt patrol Flex Funding Grant/Contract Review Page 1 Pass Through Information Agency to Pass Through NA Amount to Pass Through $0 Sub-Contract Approved Date: Prosecutor Review I Has the Prosecutor reviewed this agreement? I Yes[i] No 0CAMAS#45300 County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted Signature: Date: Department : Sheriff Assignment of Tracking Information Auditor's Office Human Resource ---./ , Prosecutor's Office .c._ / ~ '1--,~1 1 'I Who Signed the grant application ) I I I Reviewer I Date Grant/Contract Review Page 2