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AG 17-187RETURN 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 ❑ 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 #): X INTERLOCAL ❑ OTHER 51 PROJECT NAME: WSP COMMERCIAL MOTOR VEHICLE INSPECTIONS b. NAME OF CONTRACTOR: WASHINGTON STATE PATROL— COMMERCIAL VEHICLE DIVISION ADDRESS: P.O. Box 42614, OLYMPIA, WA 98504 -2614 TELEPHONE 360 -596 -4076 EXT. 11076 E -MAIL: HOLLY.WHITE([I�WSP.WA.GOV FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROO OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONT +CT AMENDMENTS 12 li ►� - 22 8. TERM: COMMENCEMENT DATE: DATE OF EXECUTION (DOE) SIGNATURES COMPLETION DATE: 5 YEA S F M DOE 9. TOTAL COMPENSATION N/A 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: lb. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED -f;- . ❑ PROJECT MANAGER ❑ DIRECTOR - 740 ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW a12C Ill) 11r— 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: Cr C1 q/ 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 fi COMMENTS: INITIAL / DATE SIGNED AG# � 1 1- DATE SENT: I2 izl%a- � - WSP Contract No: K13003 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE PATROL AND FEDERAL WAY POLICE DEPARMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Washington State Patrol, ATTN: Commercial Vehicle Division, PO Box 42614, Olympia WA 98504 -2614, hereinafter referred to as WSP; and the Federal Way Police Department, 33325 8th Avenue South, Federal Way WA, hereinafter referred to as FWPD. The purpose of this Agreement is to maximize the effective utilization of commercial motor vehicle, driver and cargo inspection resources; to avoid duplication of effort and to expand the number of inspections performed; to advance uniformity of inspections; to minimize delays in schedules incurred by the commercial motor vehicle industry inherent to these types of enforcement activities; and to provide FWPD a means to use the Federal Motor Carrier Safety Administration's (FMCSA) ASPEN software to upload commercial vehicle inspection data into FMCSA's Motor Carrier Management Information System (MCMIS) via WSP's SAFETYNET. 1. Statement of Work. Both parties shall furnish the necessary personnel, equipment, material and /or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. FWPD shall use ASPEN to report commercial vehicle inspection data. For use of ASPEN both parties shall perform in accordance with Exhibit B, ASPEN Responsibilities. 2. Period of Performance. Subject to its other provisions, the period of performance of this Agreement shall start DOE, and shall continue for a period of five (5) years through end date, unless terminated sooner as provided herein. 3. Command and Control of WSP Staff. WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. 4. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 5. Records Maintenance. Both parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and Page 1 of 8 indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. Both parties shall retain all books, records, documents, and other material relevant to this Agreement for six (6) years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 6. Agreement Alterations and Amendments. This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 7. FWPD Representatives. The following persons or their successors represent the parties in matters involving this Agreement: For WSP: Mr. Kevin Zeller Commercial Vehicle Division PO Box 42614 Olympia WA 98504 -2614 For FWPD: Chief Andy J. Hwang Federal Way Police Department 33325 8th Avenue South Federal Way WA 98003 8. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and /or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing this Agreement. 9. Termination. Except as otherwise provided in this Agreement, either party may terminate its participation in this Agreement upon thirty (30) days' written notification to the other party. If a party's participation in this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. 10. Disputes. In the event that a dispute arises under this Agreement, it shall be determined in the following manner: The Chief of WSP shall appoint one member to the Dispute Board. The Department shall appoint one member to the Dispute Board. The Chief of WSP and the Department shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 11. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state statutes and regulations; • Special Terms and Conditions contained in the Statement of Work • General Terms and Conditions contained in this Agreement • Any other provisions of the Agreement, whether incorporated by reference or otherwise. Page 2 of 8 This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement. For Washington State Patrol: For Federal Way Police Department ,44,7 Signature Signature Date Date /2 7/ 7 APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 06/04/2008 Page 3 of 8 WSP Contract No: K13003 Exhibit A STATEMENT OF WORK 1. WSP Responsibilities. WSP shall inspect commercial vehicles operating over public highways and at carrier terminal facilities. WSP also agrees to: a. Function as the lead FWPD for purposes of administering participation in the Surface Transportation Assistance Act (Act) and to ensure Washington State's compliance, including participating political subdivision, with the terms and conditions of the act. b. Train, retrain (as necessary or desirable), test and certify FWPD commercial vehicle inspections pursuant to agreement between WSP and the Commercial Vehicle Safety Alliance (CVSA). Supply to FWPD vehicle and driver out -of- service stickers, CVSA decals and inspection forms for all inspections conducted under this Agreement. Provide monitoring service relative to FWPD inspection techniques and violations recorded; and provide data entry for all eligible inspections conducted by FWPD. c. d. 2. FWPD Responsibilities. FWPD certifies that it has the authority to enforce FMCSA and hazardous materials regulations. FWPD shall, as a routine practice, confine inspection activities to vehicles operating over public highways; and shall participate in consolidated efforts during special roadside inspection activities and training programs. Also, FWPD shall: a. Adopt the North American Uniform Inspection Procedure and CVSA Out -Of- Service Criteria as adopted by WSP. b. Honor CVSA inspection decals affixed to commercial vehicles by authorized agencies. c. Affix CVSA decals to commercial vehicles that pass Level 1 CVSA inspections with no violations. The term "pass inspection" as used in this section shall be interpreted to mean that no violation of any inspection items contained in Appendix A, Part II of the CVSA Out -Of- Service Criteria is disclosed during the inspection process. No CVSA decal will be affixed to commercial vehicles when the inspection is pre - scheduled or voluntary. a. Require commercial vehicle operators to correct all defects disclosed during inspections. b. Adopt recommended out -of- service and other defect repair verification procedures as developed by CVSA. c. Conduct inspections with CVSA certified inspectors only; document commercial vehicle inspections on forms provided by WSP; and forward completed inspection forms to WSP within 5 days following the date of the respective inspection for processing and final compliance. d. FWPD officers that will perform commercial vehicle inspections shall attend CVSA Part A and B training, Size, Weight, and Load training and complete the required number of initial inspections under the guidance of a CVSA certified inspector within six (6) months of completing Part A and B classroom instruction. FWPD officers shall adhere to CVSA requirements for maintaining certification, adhere to all CVSA policies for conducting inspections, including following the Out -of- Service Criteria, and follow WSP enforcement guidelines when conducting CVSA inspections. Page 4 of 8 h. Operating Authority Checks: Officers shall verify every carriers operating authority and take appropriate action if a carrier is found to be non - compliant with federal regulations. Carriers found to be non - compliant shall be placed out -of- service when required and a copy of the inspection report will be faxed to the local FMCSA office. Investigators will check to see if companies have an Out of Service (OOS) order in effect and if it is determined a company is OOS, the vehicle will be placed OOS. Officers will utilize the ISS system, Query Central and any tools available to confirm carriers operating authority, jumping of OOS orders and violation history before conducting an appropriate Level of a CVSA inspection. If the information is not available roadside during a CVSA inspection the officer will contact the local FMCSA office to verify operating authority in order to ensure appropriate action is taken. Commercial Driver Licenses are verified through the National Law Enforcement Telecommunication System (NLETS) or Washington State's Department of Licensing. i. Require all FWPD inspectors to perform the required number of commercial vehicles inspections per year in order to maintain certification. WSP reserves the right to remove all related software if the required numbers of inspections are not met. a. Beginning January 1, 2017, CVSA updated Operations Policy 4. To maintain certification to conduct North American Standard Level I through Level V Inspections, an inspector shall in addition to the "General Maintenance of Certification" section of Operational Policy 4, perform a minimum of 32 North American Standard inspections of the inspector's highest certified level annually, preferably 8 inspections per quarter for which the inspector alone takes credit. b. To maintain the annual certification, the officer shall complete 32 CVSA Level 1 inspections. c. No CVSA Level 5 inspections will be submitted to the WSP. Require all FWPD inspectors to attend refresher training provided by WSP in order to maintain certification. k. Provide to the WSP Program Manager named under Agreement Management quarterly program evaluations within 15 days of the end of each fiscal quarter. I. Any cost incurred by FWPD relating to conformance with this Agreement, including training, retraining, testing and certifying inspectors, is the sole responsibility of FWPD. Page 5of8 Exhibit B ASPEN Responsibilities 1. Introduction. ASPEN was developed to facilitate electronic roadside safety inspections of commercial vehicles and drivers. It provides users with current information about the carrier, an inspection recommendation based on the carrier's safety and accident history, and computer assisted data entry procedures for conducting inspections. The Safety and Fitness Electronic Records System (SAFER) provides information to keep ASPEN users current by identifying changes to carrier information from MCMIS; it also provides a mechanism to electronically transfer inspections reports from roadside ASPEN units to SAFER for input into WSP's SAFETYNET and MCMIS. 2. Scope of Work. The parties to this Agreement agree to the following: a. FWPD Responsibilities. 1) Administration. FWPD shall designate a computer (IT) specialist to administer FWPD's use of ASPEN, SAFER and related software and equipment. The IT specialist shall obtain a User Authentication System (UAS) account from WSP for purposes of downloading FWPD's own ASPEN/ Inspection Selection System (ISS) updates. FWPD shall maintain software and hardware to keep it compatible with ASPEN and SAFER; resolve software and hardware problems that its officers may encounter with the program; set up software to make it FWPD- specific; update computers with new versions of the software as it is released; and update computers with new editions of the ISS and any other add -on programs required by SAFER or ASPEN in accordance with timelines, if any, provided by FMCSA or the WSP. FWPD shall also resolve download and data entry problems after FWPD officers submit their inspections to SAFER; and safeguard FWPD ASPEN manager's password to assure data integrity. 2) Training. FWPD's ASPEN computer specialist and all FWPD officers using ASPEN shall attend at least two hours of ASPEN - related training conducted by WSP. FWPD shall be responsible for providing any necessary training subsequent to this initial training provided by WSP. FWPD will correspond with the WSP's Commercial Vehicle Division's (CVD) Computer Support group supervisor to arrange the time and location for the Administrator and End -User training. 3) Data Transfer. FWPD officers using ASPEN shall upload inspection reports to SAFER on a daily basis. If FWPD experiences delays with the transfer due to equipment failure /phone line failure, FWPD will inform the WSP's Commercial Vehicle Division Computer Support Supervisor. b. WSP Responsibilities. 1) Administration. The WSP will provide at least one Commercial Vehicle Enforcement Officer (CVEO) to provide in- the -field training to FWPD personnel. The WSP's CVD computer support group will be responsible for providing FWPD with an ASPEN user's identification number. WSP's Commercial Vehicle Division Computer Support Supervisor will work with FWPD's technical representative to arrange a date for initial installation and training of the ASPEN and ISS applications. Page 6 of 8 2) Software Distribution. WSP shall provide to FWPD one initial installation copy each of the current versions of ASPEN and ISS software. FWPD shall be responsible for obtaining newer versions of this software as they become available. Software is available on the FMCSA website; if any critical software is unavailable on the website, upon request, WSP shall provide that data to the designated IT specialist to update FWPD's ASPEN Programs. 3) Training. WSP shall conduct one initial ASPEN /ISS training class for FWPD ASPEN computer specialist and up to five FWPD officers. All subsequent training will be the responsibility of FWPD. 3. ASPEN Equipment. a. Equipment Reimbursement. FWPD is responsible for providing the computer equipment necessary for FWPD to perform CMV inspections. Subject to available funding and solely at WSP's option, FWPD may receive reimbursement from WSP to provide initial computer equipment for each CVSA certified FWPD officer to aid in the purchase of the necessary computer equipment. FWPD is responsible for all computer equipment they use under this Agreement; and to ensure that the ASPEN and ISS applications coexist effectively with other possible applications on their computers. b. Title and Use of Equipment. Upon successful completion of the terms of this Agreement, all equipment purchased by FWPD with Agreement funds will be owned by FWPD. FWPD shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of such equipment, including all questions of liability. c. Equipment Management. If WSP reimburses FWPD for the purchase of equipment associated with this Agreement, FWPD shall manage that equipment according to the following: 1) Equipment Records. FWPD shall maintain equipment records that include: a description of the equipment; the manufacturer's serial number, model number, or other identification number; the Catalog of Federal Domestic Assistance (CFDA) number 20.218 or other CFDA number provided by WSP; who holds title; the acquisition date; the cost of the equipment and the percentage of federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the equipment. Equipment records shall be retained by FWPD for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by FWPD until all litigations, claims, or audit findings involving the records have been resolved. 2) Inventories. FWPD shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by FWPD to determine the cause of the difference. FWPD shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. FWPD shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. FWPD will develop adequate maintenance procedures to keep the property in good condition. 3) Disposition of Equipment. If FWPD is authorized or required to sell the property, Page 7 of 8 proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal FWPD, items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by FWPD with no further obligation to WSP or the awarding FWPD. Page 8 of 8 COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE PATROL AND THE FEDERAL WAY POLICE DEPARTMENT ON COMMERCIAL MOTOR VEHICLE INSPECTIONS POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department enter into an Agreement with Washington State Patrol on Commercial Motor Vehicle Inspections? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept. 12, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing Other - STAFF REPORT BY: LYNETTE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department Attachments: 1. PRHS &PS Committee Memo 2. Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections Options Considered: 1. Accept the Agreement between WSP and FWPD on Commercial Vehicle Inspections 2. Reject the Agreement between WSP and FWPD on Commercial Vehicle Inspections MAYOR'S RECOMMENDATION: 1 - Accept the Agreement between WSP and FWPD on Commercial Vehicle Inspections, and allow the Chief of Police to sign. MAYOR APPROVAL: �shilr1 tom it, DIRECTOR APPROVAL: 4y //7 I/ /1 Initial / COMMITTEE RECOMMENDATION: "I move to forward the Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections to the September 1 •, 2017 Council consent agenda for approval." Com ee Chair Committe • PROPOSED COUNCIL MOTION: "I move to accept the Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections, and authorize the Chief of Police to execute said Agreement. " Member Committe (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION• /� !. APPROVED A10 111 DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 12, 2017 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 Washington State Patrol and the Federal Way Police Department on Commercial Motor Vehicle Inspections In January 2010, Federal Way Police Officers completed the Washington State Patrol (WSP) Commercial Enforcement Academy. This is specialized training to have a significant impact upon commercial vehicle enforcement issues in our city. In 2010 an agreement was entered into with WSP to maximize the utilization of commercial vehicle, driver and cargo inspection resources, avoid duplication of effort and expand the number of inspections performed. This new agreement is updated and will confirm the Federal Way Police Department's continued support of the Commercial Motor Vehicle Inspections. Currently, we have one officer certified to complete inspections. 1