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AG 16-150Lis RETURN TO: Lynette Allen EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTI ORIGINATING DEPT. /D.IV: POLICE DEPARTMENT - 10/10/16 ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE.REQ. BY: ASAP.W. I. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION X INTERLOCAL �CANNEG ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #):fG' 6D ❑ OTHER >, PROJECT NAME: INTERAGENCY AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION NAME OF CONTRACTOR: WASHINGTON TRAFFIC SAFETY COMMISSION (ANGIE WARD, PROGRAM MGR) ADDRESS: PO Box 40944, OLYMPIA, WA 98504 -0944 TELEPHONE 360 -725 -9888 E -MAIL: AWARD(Z,,WTSC.WA.GOV FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENT /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 3. TERM: COMMENCEMENT DATE: OCTOBER 1, 2016 . COMPLETION DATE: SEPTEMBER 30, 2017 JS ). TOTAL COMPENSATION NoT °p E-Eo $24,400.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) .�.r-rvz,r�a�„ (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RAPES) REIMBURSABLE EXPENSE: ❑ YES 0 N IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER X DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL OF APPLICABLE) PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE REVIEWED INITIAL / DATE APPROVED G- lob 9 lice COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: _-� 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED 2OMMENTS: INITIAL / DATE SIGNED -ice DATE SENT: -/3 - RECEIVED JUN 0 2017 Traffic Safety AMENDMENT #1 TO THE 2016 - 2017 INTERAGENCY AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION The above- referenced Interagency Agreement between the Washington Traffic Safety Commission (WTSC) and Federal Way Police Department (AGENCY) is hereby amended as follows: THEREFORE, IT IS MUTUALLY AGREED THAT: COMPENSATION AND CONDITIONS Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed $26,400.00 (Increased from $24,400.00) Funds break down into the following enforcement overtime categories: Statewide Impaired Driving Patrols: $6,000.00 Grant Award # Section 402 Statewide Distracted Driving Patrols: $2,000.00 Grant Award # Section 402 TZM APPROVED Statewide Seat Belt Patrols: $1,400.00 A '1-7 Grant Award # Section 402 Date 5.n r Flex Funding: $5,000.00 Initials ,r.'M,_ (Local DUI, Speed, Distracted, and Seat Belt Patrols) cb Grant Award # Section 402 Regien____ -- Motorcycle Safety: $5,000.00 Grant Award # Section 402 Target Zero Teams (DUI): $5,000.00 Grant Award # MAP -21 Section 405d NEW: Target Zero Teams (DUI) Increase Funding: $2,000.00 Grant Award # MAP -21 Section 405d These funds shall not be commingled and are only to be utilized for the specified emphasis area. IN WITNESS WHEREOF, the parties have executed this Agreement. DES MOINES POLICE DEPARTMENT FIC,SAF� COMMISSION 4 7,G� --.7. P c,,,,,��- 1 �,, Signature ure Andy Hwang j C. r■. • ,,r‘ V .J IC., Printed Name Printed Name Chief of Police 05/02/17 i)•, s-A‘. r -Q ' is I C- l- Title Date Title Date RETURN TO: Lynette Allen EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT - 10/10/16 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 ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCIn ITS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): X 1NTERLOCAL ❑ OTHER 5. PROJECT NAME: INTERAGENCY AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION f,,- NAME OF CONTRACTOR: WASHINGTON TRAFFIC SAFETY COMMISSION (ANGIE WARD, PROGRAM MGR.) ADDRESS: PO Box 40944, OLYMPIA, WA 98504 -0944 TELEPHONE 360- 725 -9888 E -MAIL: AWARD(a,WTSC.WA.GOV FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENT /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: OCTOBER 1, 2016 COMPLETION DATE: SEPTEMBER 30, 2017 -0,,1"1 1764 J.S 9. TOTAL COMPENSATION -111ca-Te.exeEED $24,400.00 (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 x DIRECTOR /�+��+� -�► J�/' i L ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 101(4 11(a 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 ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED # DATE SENT: /2 -M I& 17 INTERAGENCY AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION rraffic NOV 0?201 Safety THIS AGREEMENT is made and entered into by and between the Federal Way Police Department, hereinafter referred to as "AGENCY," and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC." THE PURPOSE OF THIS AGREEMENT is to provide funding for the AGENCY to conduct multijurisdictional, high visibility enforcement (HVE) traffic safety emphasis patrols (as outlined in Exhibit A), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or Law Enforcement Liaison (LEL) assigned to the AGENCY shall coordinate the Scope of Work as outlined below with the goal of reducing traffic related deaths and serious injuries. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The AGENCY shall conduct specific HVE patrols as described in the Statement of Work attached as Exhibit A and as coordinated by the local TZM and /or LEL. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on October 1, 2016 and remain in effect until September 30, 2017 unless terminated sooner, as provided herein. COMPENSATION AND CONDITIONS Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed $24,400.00. Funds break down into the following enforcement overtime categories: Statewide Impaired Driving Patrols: $6,000.00 Grant Award # Section 402 Statewide Distracted Driving Patrols: $2,000.00 Grant Award # Section 402 Statewide Seat Belt Patrols: $1,400.00 Grant Award # Section 402 Flex Funding: $5,000.00 (Local DUI, Speed, Distracted, and Seat Belt Patrols) Grant Award # Section 402 Motorcycle Safety: $5,000.00 Grant Award # Section 402 Target Zero Teams (DUI): $5,000.00 Grant Award # MAP -21 Section 405d 1 These funds shall not be commingled and are only to be utilized for the specified emphasis area. See Exhibit C for detailed federal award information. PARTICIPATION REQUIREMENTS AND CONDITIONS: For each of the emphasis patrols listed above, Multijurisdictional High Visibility Enforcement Protocols, as outlined in Exhibit B of this document, will be followed. Exceptions to these protocols may only be provided by the WTSC Program Manager. Standardized Field Sobriety Testing (SFST) Training Requirement The AGENCY certifies that all officers participating in traffic safety emphasis patrols are SFST trained. To meet this requirement: • Officer must be 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. SHIFT LENGTH: The AGENCY will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed because of DUI processing, etc. RESERVE OFFICERS: The AGENCY certifies that any reserve officer for whom reimbursement is claimed has exceeded his /her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 1.5 overtime rate. DISPATCH: WTSC will reimburse communications officers /dispatch personnel for work on this project providing Agency has received prior approval from the designated TZM. ALLOWABLE COSTS: The AGENCY will provide commissioned law enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in the emphasis patrols. WTSC will reimburse for overtime at 1.5 times officer's normal rate plus AGENCY's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment. The total cost of salary and benefits shall not be exceeded in any one enforcement overtime category and funds may not be commingled between campaign areas. PERFORMANCE STANDARDS Participating law enforcement officers are required to make a minimum of 3 self- initiated contacts per hour of enforcement. Some violator contacts may result in related, time - consuming activity. This activity is reimbursable. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 2 BILLING PROCEDURE The AGENCY shall submit invoices for reimbursement with supporting documentation to WTSC monthly. All invoices for reimbursement shall be submitted via WTSC's Enterprise Management System (WEMS), and associated with approved HVE logs. Payment to the AGENCY for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be submitted in WEMS no later than July 31. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 15. OVERTIME REPORTING The AGENCY agrees to have all personnel who work HVE patrols complete officer Emphasis Patrol Activity Logs in WEMS within 48 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed above. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the WTSC. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Upon agreement by the AGENCY and the local TZM, allocation categories may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific category. Any increase in allocation exceeding 50% will require an amendment to this document. STATE AND FEDERAL TERMS AND CONDITIONS ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the party, which consent shall not be unreasonably withheld. The AGENCY shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit A. All third -party awards must allow for the greatest practical competition in accordance with applicable procurement rules and procedures. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. 3 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. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION The AGENCY shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the WTSC, or as may be required by law. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. The AGENCY shall not utilize Federal grant funds to replace routine and /or existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses required to carry out the overall responsibilities of State, local, or Federally - recognized Indian tribal governments. COVENANT AGAINST CONTINGENT FEES The AGENCY warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the AGENCY for the purpose of securing business. The WTSC shall have the right, in the event of breach of this clause by the AGENCY, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the AGENCY (hereinafter in this section referred to as "prospective lower tier participant ") is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 5 DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. DRUG -FREE WORKPLACE In accordance with the Drug -Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the AGENCY shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such provision. The AGENCY shall establish a drug -free awareness program and require that employees provide notification of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such incident. The AGENCY shall notify WTSC within ten days after such notification by an employee engaged in the performance of the grant. Within 30 days, the AGENCY will take appropriate personnel action against such employee, up to and including termination, and require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the AGENCY shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity if: (i) the entity in the preceding fiscal year received- !. 80 percent or more of its annual gross revenues in Federal awards; II. $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986; FEDERAL LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 6 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and Conditions of this agreement; c. Any Amendment executed under this Contract; d. Any Statement of Work executed under this Contract; and e. Any other provisions of the agreement, including materials incorporated by reference. INCOME Income earned by the AGENCY with respect to the conduct of the Statement of Work (e.g. sale of publications, registration fees, service charges) must be accounted for and income applied to project purposes or used to reduce project costs. INDEMNIFICATION To the fullest extent permitted by law, the AGENCY shall indemnify, defend, and hold harmless state, agencies of state and all officials, agents and employees of state, from and against all claims for injuries or death arising out of or resulting from the performance of the Contract. The AGENCY's obligation to indemnify, defend, and hold harmless includes any claim by the AGENCY's agents, employees, representatives, or any subAGENCY or its employees. The AGENCY expressly agrees to indemnify, defend, and hold harmless the state for any claim arising out of or incident to AGENCY's or any subAGENCY's performance or failure to perform the Contract. The AGENCY waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless state and its agencies, officials, agents or employees. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. LICENSING, ACCREDITATION AND REGISTRATION The AGENCY shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements /standards, necessary for the performance of this contract. 7 NONDISCRIMINATION The AGENCY will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); 4. the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; 5. 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; 6. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 7. 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; 8. Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; 9. Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 10. Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 11. The requirements of any other nondiscrimination statute(s) which may apply to the application. In the event the CONTRACTOR is in non - compliance or refuses to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. POLITICAL ACTIVITY (HATCH 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. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years 8 after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHT OF INSPECTION The AGENCY shall provide right of access to its facilities to the WTSC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and /or quality assurance under this contract. The AGENCY shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The AGENCY shall upon request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this contract. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the AGENCY hereby irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from the moment of creation. Data shall include, but not be limited to data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The AGENCY may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the WTSC may terminate the contract under the "Termination for Convenience" clause, without the ten day 9 notice requirement, subject to renegotiation at the WTSC's discretion under those new funding limitations and conditions. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the AGENCY or its staff shall be the sole responsibility of the AGENCY. TERMINATION FOR CAUSE If the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this contract, or violates any of these terms and conditions; the WTSC will give the CONTRACTOR written notice of such failure or violation, and may terminate this contract immediately. The CONTRACTOR may be given the opportunity to correct the violation or failure within 15 (FIFTEEN) days. If the CONTRACTROR is given the opportunity to correct the violation and the violation is not corrected within 15 (FIFTEEN) days, this contract may be terminated by written notice of the WTSC. TERMINATION FOR CONVENIENCE Either party may, by 30 (THIRTY) days written notice, terminate this contract. If this contract is so terminated, the WTSC shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination. TREATMENT OF ASSETS 1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the AGENCY, for the cost of which the AGENCY is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the WTSC upon delivery of such property by the AGENCY. Title to other property, the cost of which is reimbursable to the AGENCY under this contract, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this contract, or (ii) 10 commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 2. Any property of the WTSC furnished to the AGENCY shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this contract. 3. The AGENCY shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the AGENCY or which results from the failure on the part of the AGENCY to maintain and administer that property in accordance with sound management practices. 4. If any WTSC property is lost, destroyed or damaged, the AGENCY shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 5. The AGENCY shall surrender to the WTSC all property of the AGENCY prior to settlement upon completion, termination or cancellation of this contract. 6. All reference to the AGENCY under this clause shall also include AGENCY 's employees, agents or SubAGENCIES. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. PRIMARY CONTACT The following named individuals will serve as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement: The Primary Contact for the AGENCY is: The Contact for WTSC is: Name: Kurt Schwan Title: Lieutenant Mailing Address: 33325 8th Avenue South Federal Way, WA 98003 Phone: 253 - 835 -6875 Email: kurt.schwan @cityoffederalway.com Angie Ward Program Manager PO BOX 40944 Olympia, WA 98504 — 0944 360- 725 -9888 award @wtsc.wa.gov IN WITNESS WHEREOF, the parties have executed this Agreement. FEDERAL WAY POLICE DEPT. Signatur Andy Hwang Printed Name Chief of Police Title ,,,e/ 4.,/, Date WA TRAFFIC SAFETY COMMISSION 1 Di4 2t ii I h ton Printed Name i46 -1..4 p' et, Title bate 11 Please return this signed Agreement to your Target Zero Manager: John Pagel Kent Police Department 220 4th Avenue South Kent, WA 98032 Target Zero Manager will forward this signed document to: WTSC 621 — 8th Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504 -0944 IZAVI APPROVED Date Initials Region 12 Exhibit A STATEMENT OF WORK 1. GOAL: To reduce traffic related deaths and serious injuries through aggressive impaired driving, occupant protection, speeding and distracted driving multijurisdictional HVE patrols. 2. SCOPE OF WORK : The specific dates for individual campaigns are subject to change. Impaired Driving: Agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the following dates: Holiday DUI Patrols; December 15, 2016 — January 1, 2017 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 18 — September 4, 2017. These DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible statewide mobilization patrols shall begin after 4:00 p.m. and will occur Friday- Sunday. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. Seat Belts: Agency will engage in multijurisdictional HVE seat belt- focused patrols on some or all of the following dates as part of the national effort: Click it or Ticket - May 22 - June 4, 2017 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible these patrols shall occur in areas with the lowest seat belt use. Ideally, these patrols will not begin before 4:00 pm. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. 13 Distracted Driving Agency may engage in multijurisdictional HVE distracted driving focused patrols, as part of the national effort, for all or part the following dates: U Drive. U Text. U Pay. — April 3 — 16, 2017 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of distracted driving violations. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. Motorcycle Safety Patrols - July 28, 2017 — August 13, 2017 These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols should focus on the illegal and unsafe driving actions of motorcycles. Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to motorcycles. This includes failure to yield to a motorcycle, following too closely to a motorcycle, etc. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. Whenever possible, AGENCY should include motorcycle officers in these patrols. Flex Patrols: The local Task Force may coordinate local HVE impaired driving, seatbelt, distracted driving, or speeding patrols during the contract period. Refer to each section above for the scope of work for each category. Dates may not coincide with statewide patrol periods. Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Refer to Exhibit B for patrol plan due dates. Only work done on Task Force/TZM pre- approved dates will be considered for reimbursement. CONDITIONS: For each of the emphasis patrols listed above, Multijurisdictional High Visibility Enforcement Protocols, as outlined in Exhibit B of this document will be 14 followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Manager. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all officers participating in these patrols are SFST trained. To meet this requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. Media Contacts: All of these patrols are conducted as part of a highly publicized, statewide effort. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Cathy Schrock, Civilian Operations Manager Name/Title 253 - 835 -6850 Cathy .schrock(a�cityoffederalway.com Office Phone & e -mail PlOrequest @cityoffederalway.com Cell Phone 15 Exhibit B Multijurisdictional High- Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE) mobilizations to address impaired driving, distracted driving, speeding, and seat belt use. These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high - visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, distracted driving, speeding, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i.e., that "extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of increased enforcement. Definitions: • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by the local Target Zero Task Force. 16 Responsibilities WTSC: • Provide funding. • Provide state /local traffic fatality and serious injury data. • Coordinate paid media at the state level for statewide and local mobilizations (when possible). • Lead news media efforts for: o Holiday DUI o Click It or Ticket o U Drive. U Text. U Pay. o Drive Sober or Get Pulled Over • Summarize statewide enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans. • Submit local patrol plans for local DUI, seat belt, speeding, and distracted mobilizations to the WTSC on quarterly basis: Plans Due: For local patrols planned from: August 31, 2016 October 1 — December 31, 2016 October 31, 2016 January — March, 2017 January 30, 2017 April — June, 2017 April 30, 2017 July — September, 2017 *One yearly plan for local mobilizations may be submitted in lieu of four quarterly plans. • Coordinate mobilization briefings. • Lead news media and community outreach efforts for local mobilizations. • Review and approve all IAAs, invoices, and other documentation before submission to WTSC. This includes follow -up on incomplete invoicing paperwork and Emphasis Patrol Activity Logs with unexplained low contacts. 17 Law Enforcement Agencies: • Send a representative to local task force meetings to plan mobilization locations and exact dates. • Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and during all mobilization dates. • Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment (vehicle, radar, etc.) to participate in multijurisdictional HVE patrols. • Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this agreement. • Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. • Ensure officers working the overtime conduct a minimum of three (3) self- initiated contacts per hour. • Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log. 18 Exhibit C Federal Agency — National Highway Traffic Safety Administration Funding Source Grant Award # Grant Award Name CFDA # HVE Categories 402 Section 402 State and Community Highway Safety Program 20.600 Statewide DUI, Distracted Driving, Seat Belt, Local Flex, Speed, Motorcycle National Priority Safety Programs 405b Map -21 Section 405b Occupant Protection 20.616 405c Map -21 Section 405c State Traffic Safety Information Systems 20.616 405d Map -21 Section 405d Impaired Driving Countermeasures 20.616 TzT 405d II Map -21 Section 405d II Impaired Driving Ignition Interlock 20.616 405f Map -21 Section 405f Motorcycle Safety 20.616 19 Agency: Federal Way Police Department W A. S )1 I N C: 1r N Traffic is Safety C C ) 1 . I M I S S 1 C) N Project Number: FFY2017 HVE Acknowledgement of WTSC Grant Requirements When the authorizing official and the project manager sign the agreement for a WTSC grant, they agree to comply fully with the terms and conditions set forth in the contract as well as additional federal requirements outlined in the Electronic Code of Federal Regulations for Federal Grants and Agreements: (http: / /www.ecfr.gov /cqi- bin / text- idx? tpl= /ecfrbrowse/Title02 /2cfr200 main 02.tp1). The WTSC provides all grant recipients an opportunity to ask questions or discuss concerns about the terms and conditions of the grant. This opportunity may consist of an in- person meeting or conference call, depending on the complexity of the project and the recipient's level of experience with federal grants. Once this opportunity has been provided, the grant recipient's project manager certifies to the grant requirements, including the following elements: • Contract Provisions o Billing procedure o Political activity /Hatch Act o Project Reporting o Suspension & debarment o Nondiscrimination o Contract Termination o Drug -Free workplace o Buy America Act o State Lobbying o Federal Lobbying • Project changes and amendments • Quarterly and final reports • Third -part y contracts • Indirect costs (Cost Allocation Plan or Federal Cognizant Agency rate approval letter) • Project Income Requirements • Promotional /Incentive Item Purchase Restrictions • Equipment purchases (approval and tracking requirements) • Travel rules (State Administrative & Accounting Manual - http: / /ofm.wa.gov /policy /10.htm) • Light Refreshments Policy (WTSC Policy #7.5- http: / /wtsc.wa.gov /resources /policies /) • Single audit requirements • Time keeping requirements I understand the items listed above or they have been explained to me by representatives of the Washington Traffic Safety Commission. (o /.2 *a//6 Agency Signature (Grant Recipient) Date 20