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AG 15-110 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 ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT X PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: MOU WITH THE WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC) 6. NAME OF CONTRACTOR: ADDRESS:_ TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: APRIL 1,2015 COMPLETION DATE: SEPTEMBER 30,2015 9. TOTAL COMPENSATION $3,000 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR s/sL/ir ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1126 3126 I IC 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 ❑ LAW DEPARTMENT ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK 1'C 6-71-16 ��^� Pe tI. ❑ ASSIGNED AG# A ZD[ -�X�U0 ❑ SIGNED COPY RETURNED DATE SENT: O 7 N t. COMMENTS: sure,. , 44,1 Y Traffic Safety MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, p P ursuant to Chapter 39.34 RCW, is made and entered into by and between the Federal Way Police Department (Agency)and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE), traffic safety emphasis patrols, in support of Target Zero priorities. The Target Zero Managers and Law Enforcement Liaisons assigned to your county shall coordinate the Scope of Work as outlined below: TERM: April 1, 2015 -September 30, 2015 AMOUNTS King County Distracted Driving Funding: $3,000.00 CFDA#: Myline.r& These funds shall not be commingled and are only to be utilized for the specific emphasis area. SWV 0015957--00 (Agency) Statewide Vendor Number IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To reduce traffic related deaths and serious injuries by engaging in multijurisdictional HVE patrols in the areas of cell phone distraction among drivers, 2. SCOPE OF WORK: Distracted Driving: Agency will engage in multijurisdictional HVE cell phone distraction-focused patrols on some or all of the following dates: Primary Campaigns: May 31 —June 13, 2015 and September 13— 26, 2015; Funds permitting (not guaranteed), the TZM may coordinate other patrols during this MOU term. These patrols shall occur where the highest rates of cell phone use among drivers occur in your geographic area of King County. Agency agrees to take a zero tolerance approach to cell phone-related distraction violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the cell phone distraction patrol shifts. Page 1 of 7 3. CONDITIONS: Agency will deploy highly skilled officers in coordination with other King County law enforcement agencies and the King County Target Zero Task Force to generate the highest amount of deterrence possible. Officers working the overtime will conduct a minimum of three (3) self-initiated contacts per hour. These are enforcement activities intended to apprehend cell phone distracted drivers. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. All of these patrols are conducted as part of highly publicized efforts. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must assist Target Zero Managers with media requests and questions. 4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment(vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits)to participate in these emphasis patrols. 5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than eight hours. (WTSC understands there may be instances when more than eight hours are billed because of DUI or other arrest processing, etc.) 6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Agency understands that reserve officers are not eligible for overtime for this project. 7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from their local Target Zero Manager. 8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. Upon agreement by the Agency and the local Target Zero Manager, the distraction allocation may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific emphasis area. Any increase in allocation exceeding 50%will require an amendment to this document. 9. PERFORMANCE STANDARDS: Page 2 of 7 a. Participating law enforcement officers are required to make a minimum of 3 self-initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). 1) Agency identified as the "Claimant" 2) Statewide Vendor Number(bottom of Claimant box) 3) A Federal Tax ID #, 4) Original signature of the agency head, command officer or contracting officer. 5) Other information denoted by arrows on the form b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Loos showing 3 or more self-initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The Target Zero Manager will forward these documents to WTSC for processing and payment. EAD 11. DEADLINES FOR CLAIMS All claims must be approved by your Target Zero Manager, please allow adequate time for processing in order to meet the following deadlines: a. First Deadline: All claims for reimbursement for emphasis conducted from April 1, to June 30, must be received by WTSC no later than August 15, 2015. b. Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15, 2015. Invoices submitted for reimbursement after the above dates,will not be paid. WTSC will NOT accept faxed invoices. 12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. Page 3 of 7 13. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. 15. BUY AMERICA ACT: The Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 16. DEBARMENT AND SUSPENSION: Instructions for Lower Tier Certification a. By signing and submitting this proposal, the Agency (hereinafter in this section referred to as "prospective lower tier participant") is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 f. CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. g. The prospective lower tier participant further agrees by submitting this proposal it that i will include the clause titled "Certification Regarding Debarment, Page 4 of 7 Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) h. 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 i. 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. j. 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. k. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 17. FEDERAL LOBBYING: The undersigned certifies, to the best of his or her knowledge and belief, that: a. 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. b. 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, Page 5 of 7 • grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact u p on which h 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. 18. NONDISCRIMINATION: The Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal- aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. In the event the Agency is in non-compliance or refuses to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Agency may be declared ineligible for further contracts with the WTSC. The Agency shall, however, be given a reasonable time in Page 6 of 7 which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 19. POLITICAL ACTIVITY (HATCH ACT): The Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 20. STATE LOBBYING: None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. IN WITNESS THEREOF, THE PARTIES HAVE E - UTED THIS AGREEMENT. A1-4 47°,47 . l G r Federal Way Police Department Washington Tra afe ty Signature Commission Signature 3/2-6//S `4 - .< (Date) (Da ) Agency Address (where fully executed copy of this document will be mailed): 333c gtk JioG Street e. e,c`wl t)ct y iZA et$Ob3 5Ttr-t l,y n e ttt 511 I evi, City, State ' Zip Attn: Please return this signed MOU to your Target Zero Manager: John Pagel Kent Police Department TZM Approved 220 4th Avenue South Date _ -I. c Kent, WA 98032 Initials :I1 7, _•■ r Target Zero Manager will process and forward this signed document to WTSC Page 7 of 7 2015 STATE OF WASHINGTON AGENCY USE ONLY A 19 ,j,; INVOICE VOUCHER AGENCY NO. LOCATION CODE P.R.OR AUTH.NO. LE OT 2280 (Rev. 12/3/14) AGENCY NAME For INTERNAL USE ONLY WA Traffic Safety Commission DATE: PO BOX 40944 PROJECT#: Olympia WA 98504-0944 APPROVED BY: VENDOR OR CLAIMANT(Warrant is to be payable to) INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form ♦(Please fill in mailing address matching Fed ID#) to claim payment for materials,merchandise or services. Show complete detail for each item. BY * (Approval Signature&Title) (Print Name) (Date) *Statewide Vendor#: *Federal ID#: ----,,,,,w,,,-- t rr74 ,'r/% 'K"' T, r q . r 17., - CFDA# .4144,:i'"-; ` * � 4 ;' r . 1"DD15-01 King in g County;;;;' ,,,,,,14,',/,,,,,,,4., ,, � ;;;4,&.:4,,,,r-: ,,V,;;; , ' Distracted Driving,.Em Ila „ .i ?�.r„ / i S x .r f; / d/ :, ,f 7 yr 7,,,;', ' f i o o or°F` im's'*- de obiizaoo ,oState deFllex Local C c o UNIT FOR AGENCY DATE DESCRIPTION QUANTITY PRICE AMOUNT USE I. 0 0 0 %Please submit form to South KC Target Zero Manager:John Pagel Kent Police Dept.,220 Fourth Ave S,Kent,WA 98032 TOTAL I * PREPARED BY TELEPHONE NUMBER * DOC.DATE PMT DUE CURRENT DOC. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER DATE NO. REF TRANS M MASTER INDEX SUB SUB ORG WORKCLAS COUNTY CITY/TOWN PROJEC SUB PROJ DO CODE 0 FUND APPN PROGRAM OBJ SUB INDEX ALLOC BUDGET MOs T PROJ PHAS AMOUNT INVOICE NUMBER C h INDEX INDEX ORJFCT UNIT ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER