HomeMy WebLinkAboutSH21-030 Interagency AgreementWSP Contract #K17518:
INTERAGENCY AGREEMENT
BETWEEN
WASHINGTON STATE PATROL
AND
KITTITAS COUNTY SHERIFF'S OFFICE
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between
the Washington State Patrol, ATTN: Commercial Vehicle Division, PO Box 42614, Olympia WA
98504-2614, hereinafter referred to as WSP; and the Kittitas County Sheriffs Office, 307 W.
Umptanum Rd., Ellensburg, WA 98926, hereinafter referred to as AGENCY.
The purpose of this Agreement is to maximize the effective utilization of commercial motor
vehicle, driver and cargo inspection resources; to avoid duplication of effort and to expand the
number of inspections performed; to advance uniformity of inspections, to minimize delays in
schedules incurred by the commercial motor vehicle industry inherent to these types of
enforcement activities; and to provide Kittitas County Sheriff's Office a means to use the
Federal Motor Carrier Safety Administration's (FMCSA) ASPEN software to upload
commercial vehicle inspection data into FMCSA's Motor Carrier Management Information
System (MCMIS) via WSP's SAFETYNET.
1. Statement of Work. Both parties shall furnish the necessary personnel, equipment,
material and/or service(s) and otherwise do all things necessary for or incidental to the
performance of the work set forth in Exhibit A, Statement of Work, which is attached hereto
and incorporated herein.
Kittitas County Sheriff's Office shall use ASPEN to report commercial vehicle inspection
data. For use of ASPEN both parties shall perform in accordance with Exhibit B, ASPEN
Responsibilities.
2. Period of Performance. Subject to its other provisions, the period of performance of this
Agreement shall start January 1, 2022 and shall continue for a period of five (5) years
through end date, unless terminated sooner as provided herein.
3. Command and Control of WSP Staff. WSP staff providing services under the terms of
this Agreement shall be under the direct command and control of the Chief of WSP or
designee and shall perform the duties required by this Agreement in a manner consistent
with WSP policy and regulations, applicable state and local laws, and the Constitutions of
the State of Washington and the United States. The assignment of personnel to
accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or
designee.
4. Compliance with Civil Rights Laws. During the period of performance for this
Agreement, both parties shall comply with all federal and state nondiscrimination laws.
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5. Records Maintenance. Both parties to this Agreement shall each maintain books,
records, documents and other evidence which sufficiently and properly reflect all direct and
indirect costs expended by either party in the performance of the services 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. Both parties shall retain all books, records, documents, and
other material relevant to this Agreement for six (6) 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. Each
party shall be responsible for complying with records requests made pursuant to RCW
42.56, but only as to records within its possession.
6. Agreement Alterations and Amendments. This Agreement may be amended by mutual
agreement of the parties. Such amendments shall not be binding unless they are in writing
and signed by personnel authorized to bind each of the parties.
7. Agency Representatives. The following persons or their successors represent the
parties in matters involving this Agreement:
For WSP.-
Mr.
SP:
Mr. Jacob Hursey
Commercial Vehicle Division
PO Box 42614
Olympia WA 98504-2614
For KITTITAS CO. SHERIFF'S
OFFICE:
Clay Myers, Sheriff
Kittitas County Sheriff's Office
307 W. Umptanum Rd.
Ellensburg, WA 98926
8. Hold Harmless. Each party shall defend, protect and hold harmless the other party from
and against all claims, suits and/or actions arising from any negligent or intentional act or
omission of that party's employees or agents while performing this Agreement.
9. Termination. Except as otherwise provided in this Agreement, either party may terminate
its participation in this Agreement upon thirty (30) days' written notification to the other
party. If a party's participation in this Agreement is so terminated, the terminating party
shall be liable only for performance in accordance with the terms of this Agreement for
performance prior to the effective date of termination.
10. Disputes. In the event that a dispute arises under this Agreement, it shall be determined in
the following manner: The Chief of WSP shall appoint one member to the Dispute Board.
The Agency shall appoint one member to the Dispute Board. The Chief of WSP and the
Agency shall jointly appoint an additional member to the Dispute Board. The Dispute
Board shall evaluate the dispute and make a determination of the dispute. The
determination of the Dispute Board shall be final and binding on the parties hereto.
11. Order of Precedence. In the event of any inconsistency in the terms of this Agreement,
unless otherwise provided herein, the inconsistency shall be resolved by giving precedence
in the following order:
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• Applicable federal and state statutes and regulations;
• Special Terms and Conditions contained in the Statement of Work
• General Terms and Conditions contained in this Agreement
• Any other provisions of the Agreement, whether incorporated by reference or otherwise.
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.
IN WITNESS WHEREOF, the parties have executed this Agreement.
For Washington State Patrol:
Signature
Date
For Kittitas County Sheriff's Office:
Signat re
/--z'i
Date
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 06/04/2008
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WSP Contract #K17518:
Exhibit A
STATEMENT OF WORK
1. WSP Responsibilities. WSP shall inspect commercial vehicles operating over public
highways and at carrier terminal facilities. WSP also agrees to:
a. Function as the lead agency for purposes of administering participation in the Surface
Transportation Assistance Act (Act) and to ensure Washington State's compliance,
including participating political subdivision, with the terms and conditions of the act.
b. Train, retrain (as necessary or desirable), test and certify Kittitas County Sheriff's Office
commercial vehicle inspections pursuant to agreement between WSP and the
Commercial Vehicle Safety Alliance (CVSA).
c. Supply to Kittitas County Sheriff's Office vehicle and driver out -of -service stickers, CVSA
decals and inspection forms for all inspections conducted under this Agreement.
d. Provide monitoring service relative to Kittitas County Sheriff's Office inspection
techniques and violations recorded; and provide data entry for all eligible inspections
conducted by Kittitas County Sheriffs Office.
2. AGENCY Responsibilities. Kittitas County Sheriff's Office certifies that it has the authority
to enforce FMCSA and hazardous materials regulations. Kittitas County Sheriff's Office
shall, as a routine practice, confine inspection activities to vehicles operating over public
highways; and shall participate in consolidated efforts during special roadside inspection
activities and training programs. Also, Kittitas County Sheriff's Office shall:
a. Adopt the North American Uniform Inspection Procedure and CVSA Out -Of -Service
Criteria as adopted by WSP.
b. Honor CVSA inspection decals affixed to commercial vehicles by authorized agencies.
c. Affix CVSA decals to commercial vehicles that pass Level 1 CVSA inspections with no
violations. The term "pass inspection" as used in this section shall be interpreted to
mean that no violation of any inspection items contained in Appendix A, Part II of the
CVSA Out -Of -Service Criteria is disclosed during the inspection process.
L No CVSA decal will be affixed to commercial vehicles when the
inspection is pre -scheduled or voluntary.
a. Require commercial vehicle operators to correct all defects disclosed during inspections.
b. Adopt recommended out -of -service and other defect repair verification procedures as
developed by CVSA.
c. Conduct inspections with CVSA certified inspectors only; document commercial vehicle
inspections on forms provided by WSP; and forward completed inspection forms to WSP
within 5 days following the date of the respective inspection for processing and final
compliance.
d. Kittitas County Sheriff's Office officers that will perform commercial vehicle inspections
shall attend CVSA Part A and B training, Size, Weight, and Load training and complete
the required number of initial inspections under the guidance of a CVSA certified
inspector within six (6) months of completing Part A and B classroom instruction.
AGENCY officers shall adhere to CVSA requirements for maintaining certification,
adhere to all CVSA policies for conducting inspections, including following the Out -of -
Service Criteria, and follow WSP enforcement guidelines when conducting CVSA
inspections.
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h. Operating Authority Checks: Officers shall verify every carriers operating authority and
take appropriate action if a carrier is found to be non-compliant with federal regulations.
Carriers found to be non-compliant shall be placed out -of -service when required and a
copy of the inspection report will be faxed to the local FMCSA office. Investigators will
check to see if companies have an Out of Service (OOS) order in effect and if it is
determined a company is OOS, the vehicle will be placed OOS. Officers will utilize the
ISS system, Query Central and any tools available to confirm carriers operating authority,
jumping of OOS orders and violation history before conducting an appropriate Level of a
CVSA inspection. If the information is not available roadside during a CVSA inspection
the officer will contact the local FMCSA office to verify operating authority in order to
ensure appropriate action is taken. Commercial Driver Licenses are verified through the
National Law Enforcement Telecommunication System (NLETS) or Washington State's
Department of Licensing.
Require all Kittitas County Sheriff's Office inspectors to perform the required number of
commercial vehicles inspections per year in order to maintain certification. WSP
reserves the right to remove all related software if the required numbers of inspections
are not met.
a. Beginning January 1, 2017, CVSA updated Operations Policy 4. To maintain
certification to conduct North American Standard Level I through Level V
Inspections, an inspector shall in addition to the "General Maintenance of
Certification" section of Operational Policy 4, perform a minimum of 32 North
American Standard inspections of the inspector's highest certified level annually,
preferably 8 inspections per quarter for which the inspector alone takes credit.
b. To maintain the annual certification, the officer shall complete 32 CVSA Level 1
inspections.
c. No CVSA Level 5 inspections will be submitted to the WSP.
j. Require all Kittitas County Sheriff's Office inspectors to attend refresher training provided
by WSP in order to maintain certification.
k. Provide to the WSP Program Manager named under Agreement Management quarterly
program evaluations within 15 days of the end of each fiscal quarter.
I. Any cost incurred by Kittitas County Sheriff's Office relating to conformance with this
Agreement, including training, retraining, testing and certifying inspectors, is the sole
responsibility of Kittitas County Sheriff's Office.
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Exhibit B
ASPEN Responsibilities
Introduction. ASPEN was developed to facilitate electronic roadside safety inspections
of commercial vehicles and drivers. It provides users with current information about the
carrier, an inspection recommendation based on the carrier's safety and accident history,
and computer assisted data entry procedures for conducting inspections. The Safety and
Fitness Electronic Records System (SAFER) provides information to keep ASPEN users
current by identifying changes to carrier information from MCMIS; it also provides a
mechanism to electronically transfer inspections reports from roadside ASPEN units to
SAFER for input into WSP's SAFETYNET and MCMIS.
2. Scope of Work. The parties to this Agreement agree to the following:
a. AGENCY Responsibilities.
1) Administration. Kittitas County Sheriffs Office shall designate a computer (IT)
specialist to administer Kittitas County Sheriffs Office's use of ASPEN, SAFER and
related software and equipment. The IT specialist shall obtain a User
Authentication System (UAS) account from WSP for purposes of downloading
Kittitas County Sheriffs Offices own ASPEN/ Inspection Selection System (ISS)
updates. Kittitas County Sheriffs Office shall maintain software and hardware to
keep it compatible with ASPEN and SAFER; resolve software and hardware
problems that its officers may encounter with the program; set up software to
make it agency -specific; update computers with new versions of the software as it
is released; and update computers with new editions of the ISS and any other
add-on programs required by SAFER or ASPEN in accordance with timelines, if
any, provided by FMCSA or the WSP. Kittitas County Sheriffs Office shall also
resolve download and data entry problems after Kittitas County Sheriffs Office
officers submit their inspections to SAFER; and safeguard Kittitas County
Sheriff's Office ASPEN manager's password to assure data integrity.
2) Training. Kittitas County Sheriff's Office ASPEN computer specialist and all
Kittitas County Sheriff's Office officers using ASPEN shall attend at least two
hours of ASPEN -related training conducted by WSP. Kittitas County Sheriff's
Office shall be responsible for providing any necessary training subsequent to this
initial training provided by WSP. Kittitas County Sheriff's Office will correspond
with the WSP's Commercial Vehicle Division's (CVD) Computer Support group
supervisor to arrange the time and location for the Administrator and End -User
training.
3) Data Transfer. Kittitas County Sheriff's Office officers using ASPEN shall upload
inspection reports to SAFER on a daily basis. If Kittitas County Sheriff's Office
experiences delays with the transfer due to equipment failure/phone line failure,
AGENCY will inform the WSP's Commercial Vehicle Division Computer Support
Supervisor.
b. WSP Responsibilities.
1) Administration. The WSP will provide at least one Commercial Vehicle
Enforcement Officer (CVEO) to provide in -the -field training to Kittitas County
Sheriffs Office personnel. The WSP's CVD computer support group will be
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responsible for providing Kittitas County Sheriff's Office with an ASPEN user's
identification number. WSP's Commercial Vehicle Division Computer Support
Supervisor will work with Kittitas County Sheriff's Office technical representative to
arrange a date for initial installation and training of the ASPEN and ISS applications.
2) Software Distribution. WSP shall provide to Kittitas County Sheriff's Office one
initial installation copy each of the current versions of ASPEN and ISS software.
Kittitas County Sheriffs Office shall be responsible for obtaining newer versions
of this software as they become available. Software is available on the FMCSA
website; if any critical software is unavailable on the website, upon request, WSP
shall provide that data to the designated IT specialist to update Kittitas County
Sheriff's Office's ASPEN Programs.
3) Training. WSP shall conduct one initial ASPEN/ISS training class for Kittitas
County Sheriff's Office ASPEN computer specialist and up to five Kittitas County
Sheriff's Office officers. All subsequent training will be the responsibility of Kittitas
County Sheriff's Office.
3. ASPEN Equipment.
a. Equipment Reimbursement. Kittitas County Sheriffs Office is responsible for providing
the computer equipment necessary for Kittitas County Sheriffs Office to perform CMV
inspections. Subject to available funding and solely at WSP's option, Kittitas County
Sheriffs Office may receive reimbursement from WSP to provide initial computer
equipment for each CVSA certified Kittitas County Sheriffs Office officer to aid in the
purchase of the necessary computer equipment. Kittitas County Sheriffs Office is
responsible for all computer equipment they use under this Agreement; and to ensure that
the ASPEN and ISS applications coexist effectively with other possible applications on their
computers.
b. Title and Use of Equipment. Upon successful completion of the terms of this
Agreement, all equipment purchased by Kittitas County Sheriff's Office with Agreement
funds will be owned by Kittitas County Sheriff's Office. Kittitas County Sheriff's Office
shall be responsible for any and all operation, maintenance, replacement, and for the
safe operation of such equipment, including all questions of liability.
c. Equipment Management. If WSP reimburses Kittitas County Sheriff's Office for the
purchase of equipment associated with this Agreement, Kittitas County Sheriff's Office
shall manage that equipment according to the following:
1) Equipment Records. Kittitas County Sheriff's Office shall maintain equipment records
that include: a description of the equipment; the manufacturer's serial number, model
number, or other identification number; the Catalog of Federal Domestic Assistance
(CFDA) number 20.218 or other CFDA number provided by WSP; who holds title; the
acquisition date; the cost of the equipment and the percentage of federal participation
in the cost; the location, use and condition of the equipment at the date the
information was reported; and disposition data including the date of disposal and sale
price of the equipment. Equipment records shall be retained by Kittitas County
Sheriff's Office for a period of six (6) years from the date of the disposition,
replacement or transfer. If any litigation, claim, or audit is started before the expiration
of the six year period, the records shall be retained by Kittitas County Sheriff's Office
until all litigations, claims, or audit findings involving the records have been resolved.
2) Inventories. Kittitas County Sheriff's Office shall take a physical inventory of the
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equipment and reconcile the results with the property records at least once every two
years. Any differences between quantities determined by the physical inspection and
those shown in the records shall be investigated by Kittitas County Sheriff's Office to
determine the cause of the difference. Kittitas County Sheriff's Office shall, in
connection with the inventory, verify the existence, current utilization, and continued
need for the equipment. Kittitas County Sheriff's Office shall develop a control
system to ensure adequate safeguards to prevent loss, damage, and theft of the
property. Any loss, damage or theft shall be investigated and a report generated.
Kittitas County Sheriff's Office will develop adequate maintenance procedures to
keep the property in good condition.
3) Disposition of Equipment. If Kittitas County Sheriff's Office is authorized or required
to sell the property, proper sales procedures must be established to ensure the
highest possible return. When original or replacement equipment is no longer
needed for the original project or program or for other activities currently or
previously supported by a federal agency, items of equipment with a current per-unit
fair market value of less than $5,000 may be retained, sold or otherwise disposed of
by Kittitas County Sheriff's Office with no further obligation to WSP or the awarding
agency.
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