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ORDINANCE NO. 5 0 0 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A G~kNT FROM THE
WASHINGTON TRAFFIC SAFETY COMMISSION IN 'THE AMOUNT OF FOUR
THOUSAND AND NO/100 DOLLARS ($4,000.00) TO PROVIDE ENHANCED
TRAFFIC LAW ENFORCEMENT SERVICE, WITH AN EMPHASIS PLACED ON
DRIVING UNDER INFLUENCE (DUI) ENFORCEMENT, ON THOSE SECTIONS
OF ROADWAY INCLUDED IN THE SR 164 CORRIDOR SAFETY PROJECT
Ai~D APPROVING THE APPROPRIATION AND EXPENDITURE OF THE GRANT
FUNDS.
WHEREAS, the Auburn City Council of the City of Auburn
must adopt and approve all appropriations bl; Ordinance
pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ Pursuant to Chapter 35A.33 RCW the City
hereby approves the appropriation and expenditure of a total
amount of FOUR THOUSAND and 00/100 DOLLARS ($4,000.00),
which constitutes a grant from the Washington Traffic Safety
traffic law enforcement
on DUI enforcement, on
in the SR 164 Corridor, a
Commission, to provide enhanced
service, with an emphasis placed
those sections of roadway included
Ordinance NO. 5007
August 14, 1997
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such
out the directions of
~ This
copy of which is attached hereto as Exhibit UA" and
incorporated herein by this reference.
~ The Mayor is hereby authorized
administrative procedures as may be
this legislation.
Ordinance shall take effect and
force five (5) days from and after its passage,
publication, as provided by law.
to implement
necessary to carry
be in
approval and
CHARLES A. BOOTH
MAYOR
Ordinance No. 5007
August 14, 1997
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5007
August 14, 1997
Page 3
AGREEMENT
BETWEEN
STATE OF WASHINGTON
WASHINGTON TRAFFIC SAFETY COMMISSION
AND
Auburn Police Department
THIS AGREEMENT is made and entered into by and between the
WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter referred to as
"WI'SC" and the Auburn Police Department, hereinafter
referred to as APD.
IT IS THE PURPOSE OF THIS AGREEMENT TO provide enhanced traff~c law
enforcement service, with an emphasis placed on DUI enforcement, on those sections of
roadway included in the SR 164 Corridor Safety Project.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
STATEMENT OF WORK
The contractor will furnish the following services:
Work in cooperation with the SR 164 Traffic Safety Corddor Steering Committee and
other law enforcement agencies in the area to provide special DUI enforcement
operations on the above mentioned sections of roadway.
In groups of three or more, work these emphasis patrols in areas with high volumes
of traffic.
Stop as many cars exceeding the speed limit, and for other violations, as safely
possible.
Increase public awareness of enhanced law enforcement activity along the above
referenced roadways through appropriate public information avenues in as well as
increased visibility of enforcement personnel.
5. Provide appropriate equipment for use of APD personnel assigned to the Corridor.
Auburn Police Department
Page 2
Maintain records of the enforcement activities undertaken under terms of this
contract, showing personnel, dates and times of the enforcement. A record of the
number of contacts with motorists, arrests, warnings and other dispositions shall
also be submitted to the VV'FSC along with each invoice for payment under terms
of this contract.
TERMS AND CONDITIONS
All rights and obligations of the parties to this contract shall be subject to and governed by
the General Terms and Conditions contained in Exhibit "A" of this agreement.
PERIOD OF PERFORMANCF
Subject to its other provisions, the period of the performance of this contract shall
commence on August 1,1997 and be completed by September 15, 1997.
IN CONSIDERATION WHEREOF:
The VV'I'SC shall pay to APD for those services provided herein as follows:
VVTSC shall compensate APD for time expended in accordance with the budgeted
amounts in exhibit "B", upon receiving proper invoices submitted as described below, but
not in any event to exceed $4,000.
Expenses will be reimbursed as specified in exhibits "B" and, "C".
BILLING PROCEDURE
VVTSC will reimburse APD upon receipt of a properly executed invoice. Claim for payment
submitted by APD to the w'rsc for costs payment due under this agreement shall be paid
by the WTSC if received by VVTSC within 30 days after the contract performance
completion date of September 15, 1997.
CONTRACT MANAGEMENT
The work described herein shall be performed under the direction of the Program Director
of the WTSC and/or program director's designee.
Auburn Police Department Contract
Page 3
AGREEMENT ALTERATIONS AND AMENDMENTS
APD and the WTSC may mutually amend this agreement. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind the VVTSC
and APD.
ORDER OF PRECEDENCF
In the event of an inconsistency in this contract, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
Applicable Federal and State Statutes and Regulations;
The Terms and Conditions of this contract, including exhibits "A", "B", and
IICII'
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.
IN WITNESS WHEREOF, parties have executed this agreement,
WASHINGTON TRAFFIC SAFETY AUBURN POLICE DEPARTMENT
COMMISSION
CHARLES A. B(X)'i~, MAYOR (Date)
APPROVED AS TO FORM
Assistant Attorney General Date
MICHAEL J. REYNOLDS,
AUBURN CITY A~'IORNEY
REF: ORD 5007
· . Exhibit A
GENERAL TERMS AND CONDITIONS
DEFINITIONS -- As used throughout this contract, the following terms shall have the meanings
set forth below:
"Contractor" shall mean that firm, provider, organization, individual, or other entity
performing services under this contract, and shall include all employees of the Contractor.
"Subcontractor" shall mean one not in the employment of the Contractor, who is
performing all or part of those services under this contract under a separate contract with
the Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s)
in any tier.
"Agency" shall mean the Washington Traffic Safety Commission of the state of
Washington, any division, section, office, unit or other entity of the agency, or any of the
officers or other officials lawfully representing that agency.
"Agent" shall mean the Director, Washington Traffic Safety Commission, and Director's
delegate authorized in writing to act on behalf of the Director.
CONTRACTOR NOT EMPLOYEE OF THE AGENCY -- The Contractor and his or her
employees or agents performing under this contract are not employees or agents of the Agency.
The Contractor will not hold himself/herself out as nor claim to be an officer or employee of the
Agency or of the state of Washington by reason hereof, nor will the Contractor make any claim
of right, privilege or benefit which would accrue to an employee under Chapter 41.06 RCW or
Chapter 28B.16 RCW.
NONDISCRIMINATION -- In the performance of this agreement, the Contractor shall comply with
the provisions of Title VI of Civil Rights Act of 1964 (42 USC 200d), Section 504 of the
Rehabilitation Act of 1973 (29 USC 794), Chapter 49.60 RCW, and Title I of the Americans VVith
Disabilities Act (42 USC 12111-12117 as now or hereafter amended. The Contractor shall not
discriminate on the grounds of race, color, national origin, sex, religion, rnarital status, age,
creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or
physical handicap in:
a)
Any terms or conditions of employment to include taking affirmative action necessary to
accomplish the objectives of this part; and
b)
Denying an individual the opportunity to participate in any program provided by this
agreement through the provisions of services, or otherwise afforded others.
In the event of Contractor noncompliance or refusal to comply with the above provisions, this
agreement may be rescinded, cancelled, or terminated in whole or in part without penalty to 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.
Genera! Ter.rns and Conditions
Page 2
NONCOMPLIANCE WITH NONDISCRIMINATION LAWR -- In the event of the Contractor's
noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy this
contract may be rescinded, cancelled or terminated in whole or in part, and the Contractor may
be declared ineligible for further contracts with the Agency. 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.
5. UTILIZATION OF MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISER - The
Contractor will utilize minority-owned and women-owned business enterprises, if available, which
are certified by the Office of Minority and Women's Business Enterprises under the state of
Washington Certification program. The Washington Traffic Safety Commission has established
the goals that, of the dollar value of all contracts awarded by the Agency, 10.1% be awarded to
minority-owned businesses and 4.0% be awarded to women-owned businesses. The authority
for this requirement is Chapter 120, Laws of 1983, and rules promulgated thereunder.
DRUG FREE WORKPLACE -- In accordance with the Anti-Drug Act of 1988 (41 USC 702-
707), (Drug-Free Workplace; see 42 USC 12644), the Washington Traffic Safety Commission,
through its Contractor, has the responsibility to ensure that unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-
grantees of the Agency and/or any such activity is prohibited in the workplace, see 49 CFR
29.600 et seq; 48 CFR 9.4, 23.5, 52.2.
SUBCONTRACTING -- The Contractor does not have the authority to enter into subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of the
Agent, however, a copy of any subcontracting agreement will be provided to the Agency.
INDEMNIFICATION -- The Contractor shall defend, protect and hold harmless the state of
Washington, the Agency, or any employees thereof, from and against all claims, suits or actions
arising from the Contractor's acts which are libelous or slanderous, result in injury to persons or
property, violate a right of confidentiality, or use or reproduce material of any kind which
constitutes an infringement of any copyright, patent, trademark or trade name.
COVENANTAGAINST CONTINGENT FEES - The Contractor warrants that no person or selling
agency 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 agent maintained by the Contractor for the purpose of
securing business. The Agency shall have the right, in the event of breach of this clause by the
Contractor, 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, pementage,
brokerage or contingent fee.
Genera! Ter.rns and Conditions
Page 3
10.
CONFLICT OF INTEREST -- The Agency may, by written notice to the Contractor, terminate this
contract if it is found after due notice and examination by the Agency that there is a violation of
the Executive Conflict of Interest Act, Chapter 42.18 RCW; Code of Ethics for Public Officers and
employees, Chapter 42.22 RCW; or any similar statute involving the Contractor in the
procurement of, or performance under, this contract.
In the event this contract is terminated as provided above, the Agency shall be entitled to pursue
the same remedies against the Contractor as it could pursue in the event of a breach of the
contract by the Contractor. The rights and remedies of the Agency provided for in this clause shall
not be exclusive and are in addition to any other rights and remedies provided by law. The
existence of facts upon which the Agent makes any determination under this clause shall be an
issue and may be reviewed as provided in the "Disputes" clause of this contract.
11. TREATMENT OF ASSETS--
Title to all property furnished by the Agency shall remain in the Agency. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be
reimbursed as a direct item of cost under this contract, shall pass to and vest in the agency
upon delivery of such property by the vendor. Title to other property, the cost of which is
reimbursable to the Contractor under this contract, shall pass to and vest in the Agency
upon (1) issuance for use of such property in the performance of this contract, or (2)
commencement of use of such property in the performance of this contract, or (3)
reimbursement of the cost thereof by the Agency in whole or in part, whichever first occurs.
Any property of the Agency furnished to the Contractor shall, unless otherwise provided
herein or approved by the Agency, be used only for the performance of this contract.
The Contractor shall be responsible for any loss or damage to property of the Agency
which results from the negligence of the Contractor or which results from the failure on the
part of the Contractor to maintain and administer that property in accordance with sound
management practices.
Upon loss or destruction of, or damage to, any Agency property, the Contractor shall notify
the Agency thereof and shall take all reasonable steps to protect that property from further
damage.
The Contractor shall surrender to the Agency all property of the Agency prior to settlement
upon completion, termination or cancellation of this contract.
All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
GeneraJ Terms and Conditions
Page 4
12.
13.
14.
15.
16.
NONASSIGNABILITY -- Neither this contract, nor any claim arising under this contract, shall be
transferred or assigned by the Contractor.
RECORDS, DOCUMENTS, AND REPORTS -- The Contractor shall maintain books, records,
documents and other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of this
contract. These records shall be subject at all reasonable times to inspection, review or audit by
personnel duly authorized by the Agency, the Office of the State Auditor, and federal officials so
authorized by law, rule, regulation, or contract. The Contractor will retain all books, records,
documents, and other materials relevant to this contract three years after settlement, and make
them available for inspection by persons authorized under this provision.
RIGHT OF INSPECTION -- The Contractor shall provide right of access to its facilities to the
Agency, 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.
SAFEGUARDING OF INFORMATION -- The use or disclosure by any party of any information
concerning the Agency for any purpose not directly connected with the administration of the
Agency's or the Contractor's responsibilities with respect to services provided under this contract
is prohibited except by written consent of the Agency, provided, however, that the foregoing shall
not apply to:
a. Information which the Agency has released in writing from being maintained in confidence.
Information which at the time of disclosure is in the public domain by having been printed
and published and available to the public in libraries or other public places where such data
is usually collected.
RIGHTS IN DATA -- Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Except as otherwise provided in the terms and conditions of this contract,
the Contractor or Agency is free to copyright any data developed in the course of or under this
contract, but the Agency, including federal agencies, shall reserve a nonexclusive, royalty-free,
irrevocable right to publish, translate, reproduce, deliver, perform, dispose of, and to authorize
others to do so for government purposes; provided, that such right shall be limited to the extent
which the Contractor has authority to grant such right. The Contractor shall exert all reasonable
effort to advise the Agency, at the time of delivery of data furnished under this contract, of all
known or potential invasions of privacy contained therein and of any portion of such data which
was not produced in the performance of this contract. The Agency shall receive prompt written
notice of each notice or claim of copyright infringement received by the Contractor with respect
to any data delivered under this contract. The Agency shall have the right to modify or remove
any restrictive markings placed upon the data by the Contractor.
Genera.I 'Eerms and Conditions
Page 5
17.
18.
19.
20.
21.
23.
24.
REGISTRATION WITH DEPARTMENT OF REVENUF -- The Contractor shall complete
registration with the Department of Revenue, General Administration Building, Olympia,
Washington 98504, and be responsible for payment of all taxes due on payments made under this
contract.
LICENSING AND ACCREDITATION STANDARDS -- The Contractor shall comply with all
applicable local, state, and federal licensing and accrediting requirements/standards, necessary
for the performance of this contract.
INDUSTRIAL INSURANCE COVERAGF -- If required by the Department of Labor and Industries,
the Contractor shall provide or purchase industrial insurance coverage prior' to performing work
under this contract. The Agency will not be responsible for payment of industrial insurance
premiums or for any other claim or benefit for this Contractor, or any Subcontractor or employee
of the Contractor, which might arise under the industrial insurance laws during performance of
duties and services under this contract.
ADVANCE PAYMENTS PROHIBITED -- No payment in advance or in anticipation of services or
supplies to be provided under this contract shall be made by the Agency.
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 norrnal completion, the
Agency may terminate the contract under the "Termination for Convenience" Clause, without the
thirty-day notice requirement.
LIMITATION OF AUTHORITY -- Only the Agent or Agent's delegate by writing (delegation to be
made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this contract. Furthermore, any alteration,
amendment, modification or waiver of any clause or condition of this contract is not effective or
binding unless made in writing and signed by the Agent.
WAIVER OF DEFAULT -- Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of the contract shall not be deemed to be
a waiver of any other or subsequent breach and shall not be construed to be a modification of the
terms of the contract unless stated to be such in writing, signed by the Agent and attached to the
original contract.
CHANGES AND MODIFICATIONS -- The Agent may, at any time, by written notification to the
Contractor and without notice to any known guarantor or surety, make changes in the general
scope of the services to be performed under the contract. If any such changes cause an increase
or decrease in the cost of, or the time required for the performance of this contract, an equitable
adjustment may be made in the contract price or period of performance, or both, and the contract
shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this
clause must be asserted within thirty (30) days from the date of Contractor's receipt of the notice
of such change; provided, however, that the Agent may, upon determining that the facts justify
such action, receive and act upon such claim asserted at any time prior to final payment under
this contract. Failure to
General Terms and Conditions
Page 6
agree to any adjustment shall be a dispute concerning a question of fact within the meaning of
the clause of this contract entitled "Disputes" However, nothing in this clause shall excuse the
Contractor from proceeding with the contract as changed.
25.
DISPUTES -- Except as otherwise provided in this contract, when a bona fide dispute arises
between the Agency and Contractor and it cannot be resolved, either party may request a dispute
hearing with the Agent. Either party's request for a dispute hearing must be in writing and clearly
state:
a. The disputed issue(s),
b. The relative positions of the parties, and
c. The contractor's name, address, and Agency contract identification numbedtitle.
These requests must be mailed to the Director, Washington Traffic Safety commission, 1000
South Cherry Street, P O Box 40944, Olympia Washington 98504, within fifteen (15) days after
either party receives notice of the disputed issue(s). The parties agree that this dispute process
shall precede any action in a judicial or quasi-judicial tribunal.
26.
TERMINATION FOR DEFAULT -- By written notice the Agent may terminate the Contract, in
whole or in part, for failure of the Contractor to perform any of the provisions hereof. In such
event the Contractor shall be liable for damages as authorized by law including, but not limited
to, any cost difference between the original contract and the replacement or cover contract and
all administrative costs directly related to the replacement contract, e.g., cost of the competitive
bidding, mailing, advertising and stafftime; provided, that if (a) it is determined for any reason the
Contractor was not in default, or (b) the Contractor's failure to perform is without the Contractor's
and/or Subcontractor's control, fault or negligence, the termination shall be deemed to be a
Termination for Convenience.
27.
28.
TERMINATION FOR CONVENIENCF -- Except as otherwise provided in this contract, the Agent
may, by thirty (30) days written notice, beginning on the second day after the mailing, terminate
this contract in whole or in part when it is in the best interests of the Agency. If this contract is so
terminated, the Agency shall be liable only for payment in accordance with the terms of this
contract for services rendered prior to the effective date of termination.
TERMINATION PROCEDURF -- Upon termination of this contract the Agency, in addition to any
other rights provided in this contract, may require the Contractor to deliver to the Agency any
property specifically produced or acquired for the performance of such part of this contract as has
been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property
transfer.
General Terms and Conditions
Page 7
The Agency shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by the Agency, and the amount agreed upon by the Contractor and
the Agency for (a) completed work and services for which no separate price is stated, (b) partially
completed work and services, (c) other property or services which are accepted by the Agency,
and (d) the protection and preservation of property, unless the termination is for default, in which
case the Agent shall determine the extent of the liability of the Agency. Failure to ag ree with such
determination shall be a dispute within the meaning of the "Disputes" clause of this contract. The
Agency may withhold from any amounts due the Contractor such sum as the Agent determines
to be necessary to protect the Agency against potential loss or liability.
The rights and remedies of the Agency provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Agent, the
Contractor shall:
a. Stop work under the contract on the date, and to the extent specified, in the notice;
b=
Place no further orders or subcontracts for materials, services, or facilities except as may
be necessary for completion of such portion of the work under the contract that is not
terminated;
Assign to the Agency, in the manner, at the times, and to the extent directed by the Agent,
all of the rights, title, and interest of the Contractor under the orders and subcontracts so
terminated, in which case the Agency has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and subcontracts;
Settle all outstanding liabilities and all claims arising out Of such termination of orders and
subcontracts, with the approval or ratification of the Agent to the extent the Agent may
require, which approval or ratification shall be final for all the purposes of this clause;
Transfer title to the Agency and deliver in the manner, at the times, and to the extent
directed by the Agent any property which, if contract had been completed, would have
been required to be furnished to the Agency;
Complete performance of such part of the work as shall not have been terminated by the
Agent; and
Take such action as may be necessary, or as the Agent may direct, for the protection and
preservation of the property related to this contract which is in the possession of the
Contractor and in which the Agency has or may acquire an interest.
Genera. I Ter. ms and Conditions
Page 8
¸29.
GOVERNING LAW -- This contract shall be governed by the laws of the state of Washington. In
the event of a lawsuit involving this contract, venue shall be proper only in Thurston County. The
Contractor by execution of this contract, acknowledges the jurisdiction of the courts of the state
of Washington in this matter.
30.
SEVERABILITY -. If any provision of this contract or any provision of any document incorporated
by reference shall be held invalid, such invalidity shall not affect the other provisions of the
contract which can be given effect without the invalid provision, and to this end the provisions of
this contract are declared to be severable.
31.
COMPENSATION -- The Contractor shall be paid by the Agency for all satisfactorily completed
work specified by this contract. Such payment shall be full compensation for all work, services,
labor, materials, supplies, equipment, and incidentals necessary to complete the traffic safety
campaign as specified.
Exhibit B
BUDGET
Interagency Agreement
between
Washington Traffic Safety Commission and AUBURN POLICE DEPARTMENT
Work to be billed by invoice with documentation at rate specified in Exhibit "C", not to exceed $4,000.00
by October 15, 1997.
The invoice must be accompanied by a summary of the work performed as outlined in item 6 of the
"Statement of Work".
EXHIBIT C
CONTRACTOR'S RATES
1. Overtime expended on project to be billed to the WTSC monthly at the individual rate of each
participating officer or supervisor and shall not supplant that individuals regular salary. Overtime
to be figured at a time-and-a-half hourly rate