16-139.00 Washington Traffic Safety Commission: Empahsis Patrols t(o-m
OCT 10Z0 •
INTERAGENCY AGREEMENT �6
BETWEEN bra ffC s
Spokane Valley Police Department AND -
fe#,Y
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the Spokane Valley 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 $10,000 (Ten thousand dollars). Funds break down into the following
enforcement overtime categories:
Statewide Impaired Driving Patrols: $0
Grant Award #Section 402
Statewide Distracted Driving Patrols: $0
Grant Award #Section 402
Statewide Seat Belt Patrols: $0
Grant Award #Section 402
Flex Funding: $0
(Local DUI, Speed, Distracted, and Seat Belt Patrols)
Grant Award #Section 402
Pedestrian Safety Zones: $10,000
Grant Award #Section 402
Target Zero Teams (DUI): $0
Grant Award #Section 405d
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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, Multilurisdictional 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 activityis reimbursable. Other activities, such as collision investigation or
emergency response that are not initiated through emphasis patrol contact WILL NOT be
reimbursed.
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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.
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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.
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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.
DISPUTES
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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 VVTSC
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—
I. 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.
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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.
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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
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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
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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)
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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 The Contact for WTSC is:
is:
Saydee Wilson Angie Ward
Grant Accountant Program Manager
11707 E Sprague Ave, Suite 106 PO BOX 40944
Spokane Valley, WA 99206 Olympia, WA 98504—0944
' 509-720-5046 360-725-9888
swilson@spokanevalley.org award@wtsc.wa.gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
AGENCY NAME W TRAFFIC SAFETY COMMISSION
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Please return this signed Agreement to your Target Zero Manager:
Karen Wigen
Spokane County Target Zero Task Force
1026 W Broadway 2nd Floor
Spokane, WA 99260
Target Zero Manager will forward this signed document to:
WTSC
621 — 8th Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504-0944
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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.
Distracted Driving
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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.
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.
Pedestrian Safety Zones Project:
The proven strategy of Pedestrian Safety Zones, the use of data driven education
(media, publicity, outreach), recent engineering improvements and high visibility
enforcement in the pedestrian/driver crash locations. Both the city of Spokane and
Spokane Valley have been proactive in creating and engineering a walkable city for
their citizens. The engineering improvements will not be funded by WTSC.
The precise locations of the PSZs will be identified through data analyses of
pedestrian fatal and serious injury crashes, selecting locations with the highest
number of incidents in recent years.
In conjunction with public education coordinated by the Spokane County Target Zero
Task Force (SCTZTF), patrols will enforce pedestrian laws regarding both drivers
and pedestrians, using mutually agreed upon pedestrian enforcement protocols.
Working with the SCTZTF Target Zero Manager, officers who are working these
patrols should be made aware of the offenses that most often lead to these serious
crashes and match up their enforcement efforts as appropriate.
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Enforcement shall be focused on the months designated for PSZ enforcement by the
SCTZTF, and should be worked on the days of the week and times of day when the
data shows the problems are most often happening. Additionally, these patrols
should be coordinated with the Washington State Patrol as frequently as possible.
The heads of law enforcement agencies will ensure attendance at SCTZTF and PSZ
meetings where pedestrian enforcement protocols and specific dates and locations
will be agreed upon.
Enforcement funding will be delineated in each law enforcement agency's 2017
Interagency Agreement with WTSC.
Officers will complete the Emphasis Patrol Activity Logs and forward them to the
SCTZTF representative within 48 hours of the completion of the PSZ patrols.
Paid and news media will be coordinated by the SCTZTF Target Zero Manager, who
will keep the WTSC Program Manager and WTSC Communications staff informed.
The SCTZTF Target Zero Manager may request the services of the WTSC
Communications contractors for assistance with paid and news media if desired.
CONDITIONS:
For each of the emphasis patrols listed above, Multiiurisdictional High Visibility
Enforcement Protocols, as outlined in Exhibit B of this document will be
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 SobrietyTesting (SFST) TrainingRequirement
4
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.
15
*The individual listed below must be available for weekend media contacts,
beginning at noon on Fridays before mobilizations:
Mark Gregory
Name/Title
509-477-3287 MGregory(cr�spokanesheriff.org
Office Phone & e-mail
509-850-6499
Cell Phone
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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.
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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.
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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.
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•
Exhibit C
Federal Agency — National Highway Traffic Safety Administration
Funding Grant Award # Grant Award Name CFDA HVE
Source # Categories
402 Section 402 State and Community 20.600 Statewide DUI,
Highway Safety Program Distracted Driving,
Seat Belt, Local
Flex, Speed,
Motorcycle
402 Section 402 Spokane County 20.600 Pedestrian
Pedestrian Safety Zones Safety
National Priority Safety
Programs
405b Map-21 Section 405b Occupant Protection 20.616
405c Map-21 Section 405c State Traffic Safety 20.616
Information Systems
405d Map-21 Section 405d Impaired Driving 20.616 TZT
Countermeasures
405d II Map-21 Section 405d II Impaired Driving Ignition 20.616
Interlock
405f Map-21 Section 405f Motorcycle Safety 20.616
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WASHINOTOIST
Traffic Safety
Agency: Click here to enter text.
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/cgi-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-party 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
reprrsentatives of the Washington Traffic Safety Commission.
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Vc �� ���_ _ n.' G ► r (1/2.172011,
Agency Signature (Grant -ecipient) I ( Date