HomeMy WebLinkAboutAG 19-011 - WTSC II RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES 1 CDBG
❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE 0 RESOLUTION
❑ CONTRACT AMENDMENT(AG#): x INTERLOCAL
O OTHER
5. PROJECT NAME: WTSC GRANT FUNDING FOR TRAFFIC EMPHASIS ENFORCEMENT
6. NAME OF CONTRACTOR: WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)
ADDRESS:621 8TH AVE SE#409,OLYMPIA,WA 98501 TELEPHONE 360-725-9897
E-MAIL: JNOVIELLO(a�WTSC.WA.GOV FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0
ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: OCTOBER 1,2018 COMPLETION DATE: SEPTEMBER 30,2019
9. TOTAL $23,300 GRANT FUNDING GIVEN TO THE CITY (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
O PROJECT MANAGER
O DIRECTOR '44.7 i/`$
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW Uri !CIO
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DATE SIGNED
O LAW DEPARTMENT
❑ SIGNATORY(MAYOR OR DIRECTOR) �
❑ CITY CLERK OA le14
❑ ASSIGNED AG# A /,l l°I-Ql� U
❑ SIGNED COPY RETURNED DATE SENT: 153.\q
COMMENTS: This Agreement and Grant Requirements document are created through WTSC's WEMS System,which we have no
control over. We cannot change the outline or the way it prints. If there are major changes,Lt.Brigham Schulz will have to contact
WTSC to have them make the changes and we would start over.
5m
COUNCIL MEETING DATE: November 20,2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)AND THE
FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT.
POLICY UESTION: Should the Cityof Federal Way/Police Department accept$23,300 from WTSC for DUI,
Speeding, Seat Belt, Motorcycle, and Distracted Driving enforcement?
COMMITTEE: PRHS&PSC MEETING DATE:Nov. 13,2018
CATEGORY:
I Consent [ Ordinance ❑ Public Hearing
E City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt. B. Schulz DEPT: Police
Attachments: Staff Report
IAA Between WTSC and the Federal Way Police Department
Options Considered:
1. Accept the WTSC Agreement
2. Reject the WTSC Agreement
MAYOR'S RECOMMEN I ATION: Option 1
MAYOR APPROVAL: d3 �/ /c� DIRECTORAPPROVAL:_p,, m/6//X
Co mittee Coun,I Iaitial(Ddfe
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the.November 20, 2018
consent agenda for approval.
committee Chair Committee Member Corn 'Fee Member
PROPOSED COUNCIL MOTION: "I move approval of the Interagency Agreement between the Washington
Traffic Safety Committee and the City of Federal Way/Police Department, effective October 1, 2018 through
September 30, 2019 with grant funding to Federal Way not to exceed $23,300, and authorize the Chief of
Police to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
UNCIL ACTI
E*0 COUNCIL BILL#
DENIED First reading
0 TABLED/DEFERRED/NO ACTION Enactment reading
0 MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—12/2017 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 13, 2018
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and
the Federal Way Police Department
Financial Impacts:
The Washington Traffic Safety Commission will grant the Federal Way Police Department an
amount not to exceed $23,300.00 in compensation for the overtime provide in accordance with
this Agreement.
Background Information:
The Federal Way Police Department enforces traffic laws throughout the City to reduce
collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day
to day staffing level. However, increasing the number of officers on patrol will yield better
enforcement results and likely have a larger and longer lasting impact on traffic issues that affect
our citizens.
The Washington Traffic Safety Commission(WTSC) partners with the United States Department
of Transportation (USDOT) and the National Highway Traffic Safety Administration(NHTSA)
to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE)patrols
throughout the year with funding from a grant. The goal is to reduce traffic related deaths and
serious injuries through education of impaired driving, occupant protection, speeding, and
distracted driving HVE patrols throughout the state. Simply put,this agreement would allow the
City of Federal Way to put more of its police officers on the road with these traffic enforcement
goals, while knowing it will be reimbursed for the overtime expense.
The areas of enforcement the agreement emphasizes are impaired driving, seat belt use,
distracted driving, motorcycle safety, flex patrols (combines all of the previous) and Target Zero
Teams (DUI). This interagency agreement is very similar to what the city had last year.
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INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
Federal Way Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "WTSC,” and Federal Way Police Department,hereinafter referred to as"SUB-
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,provided by the United States Department of
Transportation(USDOT) National Highway Traffic Safety Administration(NHTSA) and allowed under the
Assistance Listings Catalog of Federal Domestic Assistance (CFDA) numbers 20.600 and 20.616, for traffic
safety grant project 2019-HVE-3364-Federal Way Police Department, specifically to provide funding for the
SUB-RECIPIENT to conduct overtime high-visibility enforcement(HVE)traffic safety emphasis patrols as
outlined in the Statement of Work(SOW), in support of Target Zero priorities. The Target Zero Manager
(TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB-RECIPIENT
with the goal of reducing traffic-related deaths and serious injuries.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both Parties,
but not earlier than October 1, 2018, and remain in effect until September 30, 2019,unless terminated
sooner, as provided herein.
3. STATEMENT OF WORK
Note: This statement of work applies only to HVE emphasis areas for which your agency has received HVE
funding.
GOAL: To reduce traffic related deaths and serious injuries through education of impaired driving, occupant
protection, speeding and distracted driving multijurisdictional HVE patrols throughout the state.
SCOPE OF WORK: The statewide high visibility enforcement patrols are paired with media participation to
engage, deter, and educate drivers about the impacts of making unsafe decisions when driving. Outreach
efforts are supported by the WTSC during statewide HVE campaigns. Regional TZMs also support public
outreach efforts during locally planned HVE events. Below are descriptions of the Scope of Work for each
funding category. The WTSC accepts written requests for moderations to the Scope of Work through the
regional Target Zero Manager.
This grant provides funding for HVE 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.
HVE Enforcement Plan Requirement:
A HVE Mobilization Plan is required prior to all HVE activity. The local traffic safety task force and TZM
are responsible for submitting this form to the WTSC HVE Program Manager prior to enforcement activities
begin. This form serves as prior approval for HVE events and includes the following information:
• Problem statement
• Description of enforcement strategy, including expected law enforcement agencies participating in the
event, target violation, and target locations
• Public outreach strategy
• Evaluation plan
Law enforcement officers will complete an Emphasis Patrol Activity Log within 48 hours of the completion
of the patrols.
Statewide Impaired Driving Enforcement:
The agency will engage in multijurisdictional HVE 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 16—September 3
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 HVE must begin after 6:00 p.m. and will occur Thursday-Sunday.
Up to 40 percent 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 local event.
This funding can be used to support the professional growth of officers with limited exposure to impaired
driving enforcement. With the approval of the region'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 Mobilization Plan.
Approval for mentorship must be received prior to the activity date.
• The training officer must be a Drug Recognition Expert or ARIDE trained.
• 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 HVE 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 least 1 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.
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 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 plan 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.
Statewide Distracted Driving Enforcement:
The agency will engage in multijurisdictional HVE 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
deployed at locations where the data indicates that the most traffic safety benefit can be realized as
determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with
the highest number of past distracted driving violations.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for distracted driving enforcement.
Statewide Seat Belt Use Enforcement:
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
• Click It or Ticket—May 13 —June 2
These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can
be realized as determined by the local Traffic Safety Task Force. Whenever possible these patrols shall
occur in areas with the lowest seat belt use.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for seat belt use enforcement.
Flex Patrols:
The local Task Force may coordinate local impaired driving, seatbelt, distracted driving, or speeding HVE
events during the contract period. Dates of flex HVE events may not coincide with statewide patrol periods.
Dates of local patrols will be reported in advance to the WTSC. Ideally, the HVE mobilization plans for flex
patrols are sent to the WTSC for review at least 2 months prior to the event date. Only enforcement activity
conducted during a pre-approved event will be considered for reimbursement.
This funding can be used to support the professional growth of officers with limited exposure to impaired
driving enforcement. With the approval of the region's TZM and WTSC, officers can participate in
mentoring for impaired driving enforcement. Requirements for this use of funds include the following:.
• The activity must be during a Friday or Saturday night.
• WTSC approval for impaired driving mentorship is done through email communication with the
Target Zero Teams WTSC Program Manager. Approval for mentorship must be received prior to the
activity date.
• The training officer must be a Drug Recognition Expert trained officer.
• 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 HVE 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 least 1 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 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.
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 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 plan 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.
Motorcycle Safety Patrols
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
• Motorcycle Safety Patrols—July 5 —21
These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic
safety benefit can be realized as determined by the local Traffic Safety Task Force.
Patrols should focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious
and fatal crashes. This includes speeding, impaired riding, and following too closely.
Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to
motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle,
distracted driving, etc.
Whenever possible, AGENCY should include motorcycle officers in these patrols.
Target Zero Teams Patrols:
The agency will engage in impaired driving multijurisdictional HVE patrols. 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.
Whenever possible the Target Zero Teams patrols shall begin after 4:00 p.m. Only work done on Task
Force/TZM pre-approved dates will be considered for reimbursement. Funds may be used toward impaired
driving training purposes, on a case by case basis. Requests should be made in writing prior to the training,
submitted to the TZM, and approved by the WTSC.
Target Zero Teams funding can be used to support the professional growth of officers with limited exposure
to impaired driving enforcement. With the approval of the region's TZM and WTSC, officers can
participate in mentoring for impaired driving enforcement. Requirements for this use of funds include the
following:
• The activity must be during a Friday or Saturday night.
• WTSC approval for impaired driving mentorship is done through email communication with the
Target Zero Teams WTSC Program Manager. Approval for mentorship must be received prior to the
activity date.
• The training officer must be a Drug Recognition Expert trained officer.
• 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 HVE 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 least 1 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 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.
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 Impaired Driving Enforcement
(ARIDE), or
• Officer must be a certified Drug Recognition Expert.
• For impaired driving HVE mobilizations, there is one additional requirement:
• Officers must have made a DUI/DWI arrest within the past twelve months.
Media Contacts:
All of these patrols are conducted as part of a highly publicized, educational effort. Publicity campaigns
about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations.
The WTSC requests that the SUB-RECIPIENT posts traffic safety information to their web-based platforms
during statewide and locally coordinated HVE mobilizations. At least one individual must be available for
weekend media contacts, beginning at noon on Fridays before mobilizations.
3.1. MILESTONES AND DELIVERABLES
Mobilization
Dates
DUI Holiday Patrols December 12 - January 2
Distracted Driving March 28 - 14
Click It or Ticket
May 13 -June 2
Motorcycle Safety Patrol July 5 - 21
DUI Drive Sober or Get Pulled Over
August 14 - September 2
3.2. COMPENSATION
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
$23,300.00. Payment for satisfactory performance of the overtime work shall not exceed this amount unless
the Parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both
Parties. Comp-time is not considered overtime and will not be approved for payment.
3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary
rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following:
• FICA
• Medicare
• Any portion of L & I that is paid by the employer(SUB-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.
The SUB-RECIPIENT will provide law enforcement officers with appropriate equipment(e.g., vehicles,
radars, breath testers, etc.) to participate in the emphasis patrols.
3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other
parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased
without amending the IAA. HVE grant funds are managed in a collaborative approach between the sub
recipient and the TZM.
These alterations must be documented through email communication between all involved parties, including
the TZM, and the WTSC Fiscal Analyst.
Funds within the same budget category only, can be increased and decreased across parties, so long as the
modified total does not exceed the regional total allocation per funding category.
3.2.4.Up to 40 percent of the statewide enforcement funding can be expended during dates outside of the
designated statewide campaign periods. However, impaired driving funds must be used during another
national impaired driving enforcement campaign or other large local event.
3.3. SUMMARY OF PROJECT COSTS
Fundings break down into the following enforcement categories:
EMPHASIS PATROL
Statewide Impaired Driving Patrols
$3,500.00
(Section 405d, CFDA 20.616)
Statewide Distracted Driving Patrols
$3,500.00
(Section 402, CFDA 20.600)
Statewide Click it or Ticket
$1,300.00
(Section 405b, CFDA 20.616)
Statewide Speeding Patrols
$0.00
Flex Funding(Local DUI, Speed,Distracted, and Seat Belt Patrols)
$2,000.00
(Section 402, CFDA 20.600)
Motorcycle Safety
$6,000.00
(164 Funds, CFDA 20.608)
Target Zero Teams (DUI)
$7,000.00
(Section 405d, CFDA 20.616)
3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be
commingled between categories.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. PARTICIPATION REQUIREMENTS 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
emphasis patrol(s).
5. PERFORMANCE 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 HVE patrols submit an officer Emphasis
Patrol Logs to their regional TZM, or by other approved means, or by other pre-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 ALTERATIONS AND AMENDMENTS
This Agreement may be amended 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 signatures 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 shall be deemed to exist or to bind any of
the Parties hereto.
10. ASSIGNMENT
The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld.
The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of
the funds provided under this Agreement include funds from NHTSA, such third-party contracts and
agreements must include the federal provisions set forth in this Agreement in sections 34 through 42.
11. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its
own attorney fees and costs.
12. BILLING PROCEDURE
The SUB-RECIPIENT shall submit monthly invoices for reimbursement the TZM with supporting
documentation, as WTSC shall require. The TZM will submit all approved invoices to the WTSC via
WTSC's online grant management system within 10 days of receipt.
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
transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC.
Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45
days after the expiration date of this Agreement. All invoices for goods received or services performed on or
prior to June 30, 2019, must be received by WTSC no later than August 10,2019. All invoices for goods
received or services performed between July 1, 2019, and September 30, 2019, must be received by WTSC
no later than November 15, 2019.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The SUB-RECIPIENT 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-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for
federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this
section by the SUB-RECIPIENT, to annul this Agreement without liability.
16. DISPUTES
16.1. 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 decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the
Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by
the decision.
16.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved.
17. GOVERNANCE
17.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws.
17.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
17.2.1.Applicable federal and state statutes and rules
17.2.2.Terms and Conditions of this Agreement
17.2.3.Any Amendment executed under this Agreement
17.2.4.AnySOW executed under this Agreement
g
17.2.5.Any other provisions of the Agreement, including materials 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 applied to project
purposes or used to reduce project costs.
19. INDEMNIFICATION
19.1.To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC,its officers, employees, and agents, and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions,penalties, losses, damages, or costs of whatsoever kind("claims")
brought against WTSC arising out of or in connection with this 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, employees, and agents arising out of, in connection with, or incident to
the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and
subcontractors. Provided, 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 claims are caused by
the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if
such claims result from the concurrent negligence of(a)the SUB-RECIPIENT, its officers, employees,
agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those
actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable
only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or
subcontractors.
19.2. The SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
19.3.The indemnification and hold harmless provision shall survive termination of this Agreement.
20. INDEPENDENT CAPACITY
The employees or agents of each Party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that Party and shall not be considered for any purpose to be employees or
agents of the other Party.
21. INSURANCE COVERAGE
21.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial 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 liability 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. LICENSING,ACCREDITATION, AND REGISTRATION
The SUB-RECIPIENT shall comply with all applicable 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 sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and
federal officials so authorized by law. All books, records, documents, and other material relevant to this
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 property of the furnishing Party,unless otherwise agreed. The receiving Party will not
disclose or make available this material to any third Parties without first giving notice to the furnishing Party
and giving 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
disclosed to third Parties.
24. RIGHT OF INSPECTION
The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with
the right to access, amend, and receive an accounting of disclosures of their Personal Information according
to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or
revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
Department of Health and Human Services all internal policies and procedures,books, and records relating
to the safeguarding,use, and disclosure of Personal Information obtained or used 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 §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not
limited to, reports, documents, pamphlets, advertisement,books, magazines, surveys, studies, computer
programs, films,tapes, sound reproductions, designs,plans, diagrams, drawings, software, and/or databases
to the extent provided by law. Ownership includes the right to copyright,register the copyright, distribute,
prepare derivative works, publicly perform, publicly display, and the ability to 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 SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of
the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed
under this project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought,how any rights will be administered, and other actions required to protect the
public interest.
26. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
may terminate the Agreement under the "TERMINATION 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 conditions.
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 provision, if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be
severable.
28. SITE SECURITY
While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in
all respects with all WTSC physical, fire, or other security policies and applicable regulations.
29. TAXES
All payments of payroll taxes,unemployment contributions, any other taxes, insurance,or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT.
30. TERMINATION FOR CAUSE
If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice 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 violation or failure. In the event that the SUB-
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-
day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
31. TERMINATION FOR CONVENIENCE
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 terminated, the WTSC shall
be liable only for payment required under the terms of this Agreement for services rendered or goods
delivered prior to the effective date of termination.
32. TREATMENT OF ASSETS
32.1.Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed
as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such
property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such
property in the performance of this Agreement, or(ii) commencement of use of such property in the
performance of this Agreement, or(iii)reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
32.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein
or approved by the WTSC,be used only for the performance of this Agreement.
32.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the
SUB-RECIPIENT to maintain 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 immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
32.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
32.6.All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub-contractors.
33. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23
CFR PART 1300 APPENDIX A):
34. BUY AMERICA ACT
The SUB-RECIPIENT will comply with the Buy America requirement(23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States,unless the Secretary of Transportation determines that
such domestically produced items would be inconsistent with the public interest,that such materials are not
reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign
produced items, the WTSC must submit a waiver request that provides an adequate basis and justification,
and which is approved by the Secretary of Transportation.
35. DEBARMENT AND SUSPENSION
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 below and agrees to comply with the requirements of 2
CFR part 180 and 23 CFR part 1300.
35.2. The certification 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 immediate written notice to the WTSC if at any time the lower
tier participant learns that its certification was erroneous when submitted or has become erroneous by reason
of changed circumstances.
35.4. The terms covered transaction, debarment, suspension, ineligible, lower tier,participant, person,
primary tier,principal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Covered Transactions sections of 2 CFR part 180.
35.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction,unless authorized by NHTSA.
35.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled
"Instructions for Lower Tier Certification"including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,"without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier
participants to comply with 2 CFR part 180 and 23 CFR part 1300.
35.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that
the certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Non-procurement Programs.
35.8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
35.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, the department or agency with which this transaction originated may
disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered
Transactions
35.10.The lower tier participant certifies,by signing this Agreement, that neither it nor its principals are
presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
35.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such
participant shall attach an explanation to this Agreement.
36. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
36.1. The SUB-RECIPIENT shall:
36.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that
will be taken against employees for violation of such prohibition.
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 maintaining a drug-free workplace; any available drug
counseling,rehabilitation, and employee assistance programs; and the penalties that may be imposed upon
employees for drug violations occurring in the workplace.
36.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of
the statement required by paragraph 36.1.1. of this section.
36.1.4.Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition
of employment under the grant,the employee will abide by the terms of the statement,notify the employer of
any criminal drug statute conviction for a violation occurring in the workplace no later than five days after
.such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise
receiving actual notice of such conviction.
36.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this
section,with respect to any employee who is so convicted: take appropriate personnel action against such an
employee, up to and including termination, and/or require such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency.
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. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA,the SUB-RECIPIENT shall,upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal
year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or
more in annual gross revenues from federal awards, and if the public does not have access to information
about the compensation of the senior executives of the entity through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
38. FEDERAL LOBBYING
38.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
38.1.1.No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
38.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
38.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant,
loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly.
38.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
39. NONDISCRIMINATION
39.1. During the performance of this Agreement, the SUB-RECIPIENT 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 permit 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/funding 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 ACTIVITY (HATCH ACT)
The SUB-RECIPIENT will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508),which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
41. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or
to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or
elements of helmet usage or checkpoints, and so fully complies with this requirement.
42. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is
supported with NHTSA funds from engaging in direct communications with state or local legislative
officials, in accordance with customary state practice, even if such communications urge legislative officials
to favor or oppose the adoption of a specific pending legislative proposal.
43. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursements regarding this Agreement:
The Contact for the SUB-RECIPIENT is: The Contact for WTSC is:
Brigham Schulz Jerry Noviello
Brigham.schulz@cityoffederalway.com jnoviello@wtsc.wa.gov
253-835-6743 360-725-9897 ext.
44. AUTHORITY TO SIGN
The undersigned acknowledgment 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.
Federal Way Police Department
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WASHINGTON TRAFFIC SAFETY COMMISSION
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WTSC ENTERPRISE MANAGEMENT SYSTEM
Grant Requirements Acknowledgement Form for High Visibility Enforcement
(HVE) Mobilizations
Enter Agency Name:
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This document is intended to guide law enforcement agencies,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 requirements 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 information detailed in the IAA. The information in the IAA 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 IAA. This Grant Requirements Acknowledgement Form
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 certify that you
understand the grant requirements and agree to fully comply with the terms and conditions set
forth in the IAA, 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 HVE campaigns is to change driver behavior by raising traffic safety awareness
through education and enforcement. This is achieved with:
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WTSC ENTERPRISE MANAGEMENT SYSTEM
• 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
Funding from the WTSC supports overtime enforcement activities to increase the number of
officers enforcing impaired driving, distracted driving, speeding,motorcycle and occupant
protection laws. The overtime law enforcement activities support the media effort by
demonstrating to the public that the media messages are true, i.e. that extra enforcement patrols
(with a particular focus)are going on now, so that the public takes the media messages seriously.
The media activities support the enforcement effort by encouraging voluntary compliance with
the laws.
DEFINITIONS:
• "HVE" is enforcement of the law in conjunction with publicity that draws the attention of
the public to the enforcement activity. There are four components to HVE:
o Enforcement—Law enforcement enforce traffic laws,using data to determine
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 patrols 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.
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WTSC ENTERPRISE MANAGEMENT SYSTEM
• Attested to the Grant Requirements Acknowledgment Form(this document).
Work cannot begin before October 1,2018, or before the IAA is signed by all parties.
Period of Performance: October 1,2018 - September 30, 2019. All work must be completed no
later than September 30, 2019.
SELECT CONTRACT PROVISIONS:
• Statement of Work: This summarizes the work to be done for this grant. If this changes
significantly,the grantee will need to request a change in WEMS, and an IAA
amendment may be required.
• Period of Performance: October 1,2018-September 30, 2019. All work must be
completed, and goods and services must be received, no later than September 30, 2019.
• Compensation:
o All expenses must be incurred 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 HVE category,unless the WTSC HVE Program Manager
approves this budget adjustment.
o WTSC will reimburse for personnel overtime expenses at 150 percent of the
officer's normal salary rate plus SUB-RECIPIENT'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-RECIPIENT will provide law enforcement officers with appropriate
equipment(e.g.,vehicles,radars,breath testers, etc.)to participate in the emphasis
patrols.
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WTSC ENTERPRISE MANAGEMENT SYSTEM
o Up to 40% of the statewide 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 HVE
mobilization before completing the work.
• Agreement Alterations and Amendments:
o Any changes to the terms of an agreement must be mutually agreed upon by both
parties and are often incorporated by written amendment to the
agreement/contract. Such amendments shall only be binding if they are in writing
and signed by personnel authorized to bind each of the parties.
o Exceptions to this include alterations to the budget and the Primary Contact for
the agency listed in WEMS. The regional TZM has the authority to make these
alterations if all affected parties agree to the changes.
• Billing procedure:
o Submit for reimbursement monthly(if possible), after expenses are incurred.
o Create an invoice and submit it within WEMS, or email an A-19 invoice voucher
form or approved alternate. The Emphasis Patrol Activity Logs and proof of
overtime will be scanned into WEMS or also submitted through email or
approved alternate. 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 before 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 HVE activities.)
• Cost Principles: Grantee cannot use grant funds to replace routine and/or existing staff
or expenditures. Must comply with 2 CFR Part 200 Subpart E.
• Income: Any and all program income earned by the grantee during the grant period from
activities conducted as part of the grant(e.g., sale of publications,registration fees,
service charges, etc.)must be fully accounted for and applied to project purposes or used
to reduce project costs.
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WTSC ENTERPRISEMANAGEMENT
• 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.
Standardized Field Sobriety Test(SFST)TRAINING REQUIREMENTS:
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 Impaired Driving
Enforcement(ARIDE), or
• Officer must be a certified Drug Recognition Expert.
• For impaired driving HVE mobilizations,there is one additional requirement:
a Officers must have made a DUI/DWI arrest within the past twelve months.
PERFORMANCE REQUIREMENTS:
• All officers participating in HVE 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 traffic safety
enforcement and correlated activity is allowable for reimbursement.
• All personnel who work HVE 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:
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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
reimbursement is claimed has exceeded his/her normal weekly working hours when participating
in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may
only be paid at the normal hourly rate and not at the 150 percent overtime rate.
DISPATCH:
WTSC will reimburse communications officers/dispatch personnel for work on these patrols
only if the law enforcement agency has received prior approval from the designated TZM.
OTHER REQUIREMENTS:
• Project Monitoring:
o Site Visits: These are conducted to review performance, compliance, and quality
assurance. Site visits will be done at least once annually for all grants over
$50,000 and may be conducted on any grant of any size, if the Program Manager
desires.
o Other important information can be shared via a message to the Program
Manager. In your WEMS grant, click the Notes tab, and select "Note to
Applicant". 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 performed annually.
• 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 Provide funding.
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o Provide state/local traffic fatality and serious injury data.
o Coordinate paid media activities at the state level for statewide and local
mobilizations (when possible).
o Lead news media efforts for:
• Statewide Impaired Driving Patrols
• Statewide Distracted Driving Patrols
• Statewide Seat Belt Patrols
• Motorcycle Safety Patrols
• Target Zero Teams DUI
o Support news efforts for: Local DUI, Speed, Distracted, and Seat Belt Patrols
o Summarize 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 modified
to better meet the needs of each region with approval from the WTSC HVE
Program Manager.
o Facilitate HVE 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 1 week of campaign closure
• For Flex HVE 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 HVE event date. This provides WTSC enough notice
to support the HVE 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 mobilization
dates.
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o Provide commissioned police officers (active or paid reserve)with appropriate
equipment(e.g.,vehicle,radar, etc.)to participate in multijurisdictional HVE
patrols.
o Ensure that officers assigned to the HVE campaigns are qualified to enforce the
impaired driving laws as outlined in this document.
NEW REQUIREMENTS IN FEDERAL FISCAL YEAR 2019:
• HVE Mobilization Plans
o Task forces are required to submit plan for each HVE mobilization. This plan
includes,but is not limited to,the following items:
• Statement of need
• Law enforcement agencies participating
• Enforcement strategy, including target violation and location(s)
• Communications strategy
• Evaluation plan
• Impaired Driving Training Requirements:
o The WTSC recognizes that most of the vehicular fatalities involving impaired
include impairment by drugs. Because of this,the WTSC prefers officers who
work these HVE mobilizations to be DRE or ARIDE trained. However,the
minimum requirement for these HVE mobilizations are the following:
• Completed SFST training within the past three years
• Must have current BAC certification
• 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 HVE funding for impaired driving,Click 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.
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• 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 region'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
Mobilization Plan. Approval for mentorship must be received prior to the
activity date.
• The training officer must be a Drug Recognition Expert trained officer.
• 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
HVE 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 least 1 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 sell 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 plan 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.
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WISC ENTERPRISE MANAGEMENT SYSTEM
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.
I Agree 44gIAL1/ ///"1/63
(Signature and Title) (Date)
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