Res 1465 - Intgov Agrmt Sty Bel
COUNCIL BILL NO. 1864
RESOLUTION NO. 1465
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
STATE OF OREGON. BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION.
FOR THE SAFETY BELT ENFORCEMENT AND THREE FLAGS PROGRAMS.
WHEREAS. the Woodburn Police Department was again awarded a grant for
1998 through the Oregon Department of Transportation, Transportation Safety
Section; and
WHEREAS. this grant funding will provide the basis for the Safety Belt
Enforcement Program and the Three Flags Program; and
WHEREAS, it is necessary to enter into an intergovernmental agreement with
the State of Oregon, by and through the Oregon Department of Transportation,
Transportation Safety Section, to allow for the use of these grant funds, NOW
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into an intergovernmental agreement (OOOT
Agreement #15928, TSS #OP984503981) for 1998 with the State of Oregon, acting
by and through the Oregon Department of Transportation, Transportation Safety
Section, the principle purpose of the agreement being to supplement the enforcement
of traffic laws and safety belt enforcement.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
~~E~T~he ~e O~~~d*
Ma~ennant, City Recorder
City of WOodburn, Oregon
Section 2. That the Mayor be authorized to execute, on behalf of the City, said
agreement, a copy of which is attached hereto and, by this reference, incorporated
herein.
Approved as to form:lf/.t)1-~
City Attorney
APPROVED: 7/~-4 vf(~
Na y A. Kirksey, Ma or
February ~/~ 1998
February 10, 1998
February 10, 1998
February 10, 1998
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Date
Pa ge 1 -
COUNCil BIll NO. 1864
RESOLUTION NO. 1465
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ODOT Agreement # 15928
TSS # OP984503981
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, by and through the Department of Transportation, Transportation Safety
Section, hereafter referred to as Department, and Woodburn Police Department
hereafter called Agency.
RECITALS
1. By the authority granted in ORS 190.11 Q and 283.110, state agencies may enter
into agreements with units of local government or other state agencies for the
performance of any or all functions and acti~ties that a party to the agreement, jts
officers, or agents have the authority to perform.
2. By the authority granted in ORS 802.300 through ORS 802.340, the Department
may enter into contracts and agreements for the performance of functions and acti~ities
to promote highway safety.
3. Department and Agency agree that the principal purpose of this agreement is to
supplement the enforcement of traffic laws throughout Oregon, particularly safety belt,
speed and DUll laws, by providing extra overtime funds. Traffic officers will be trained
in safety belt enforcement. Traffic officers will be able to enforce traffic laws without
having to be called to other police business. Public attention about traffic safety will be
gained, data about safety belt use will be gathered, and hundreds of traffic enforcement
hours will be added. The expected result will be increased safety belt use, and
decreased deaths and injuries from motor vehicle crashes.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, Department wishes to retain the services of Agency to
perform the work shown on Exhibit "A," The Safety Belt Enforcement Program, attached
hereto and by this reference made a part hereof. Payment for said services shall not
exceed a maximum amount of $3,000.00 in federal funds.
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2. The work is to begin upon execution of the agreement by all parties and be
completed no later than September 30, 1998.
AGENCY OBLIGATIONS
1. Agency shall perform the work described on Exhibit A.
2. Agency shall submit billings to the Department not later than the 10th of the
month following the billing period. These bills must reflect 100% of the actual
costs and work accomplished during the billing period. Reporting/Billing periods:
January 1 - March 31; April 1 - June 30; July 1 - September 30, 1998. The
billing shall be submitted on the appropriate Department reporting form as shown
on Exhibit B attached hereto and by this reference made a part hereof by,
indicating agreement number, billing period, overtime hours/rate of pay and be
signed by contracting official.
The Department will not be able to honor claims for reimbursement received after
November 5, 1997. This deadline is crucial as the National Highway Traffic Safety
Administration now requires all paperwork for the entire Department to be completed by
December 31.
3. Allowable charges under this agreement include:
a. Overtime pay for traffic patrol at Agency average overtime rate including
benefits. Any approved associated administrative costs will be reimbursed
at the straight time rate.
b. Overtime pay for conducting pre-enforcement and post-enforcement
safety belt user surveys.
c. Administrative costs associated with the project, and travel to TSS-
sponsored conferences or workshops held in Eugene or other location as
announced.
4. Agency shall not enter into any subcontracts for any of the work scheduled under
this agreement without obtaining prior written approval from Department.
5. Agency agrees to comply with aU federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this agreement,
including, without limitation, the provisions of ORS 279.312,279.314,279.316,279.320
and 279.555, which hereby are incorporated by reference. Without limiting the
generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil
Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (Hi) the American
with Disabilities Act of 1990 and ORS 659.425; (iV) all regulations and administrative
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rules established pursuant to the foregoing laws; and (v) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
6. Agency shall perform the service under this agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to its
employment of individuals to perform the work under this agreement, including but not
limited to PERS contributions, workers compensation, unemployment taxes and state
and federal income tax withholdings.
DEPARTMENT OBLIGATIONS
1. In consideration for the services performed, Department agrees to pay Agency a
maximum amount of $3,000.00. Department, shall pay monthly billings received by
Agency within 45 days if received by Department on or before the 10th of the month
following the billing period. j
2. Department certifies, at the time this agreement is executed, that sufficient funds
are available and authorized for expenditure to finance costs of this agreement within
Department's current appropriation or limitation of current biennial budget.
3. Project managers:
Woodburn Police Department
Sgt. Allen De Vault
270 Montgomery
Woodburn, OR 97071
Telephone: (503) 982-2345
Fax: (503) 982-2370
DepartmentlTransportation Safety Section:
Carla Levinski
Oregon Department of Transportation
Transportation Safety Section
555 13th St. NE
Salem, OR 97310-1333
Telephone: (503) 986-4199
Fax: (503) 986-4189
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GENERAL PROVISIONS
1. Agency, its subcontractors, if any, and all employers working under this
agreement are subject employers under the Oregon Workers Compensation Law and
shall comply with ORS 656.017, which requires them to provide workers' compensation
coverage for all their subject workers.
2. This agreement may be terminated by mutual written consent of both parties.
3. Department may terminate this agreement effective upon delivery of written
notice to Agency, or at such later date as may be established by Department,
under any of the following conditions, but not limited to these conditions.
a. If Agency fails to provide services called for by this agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this agreement, or
so fails to pursue the work as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from
Department fails to correct such failures within 10 days or such longer
period as Department may authorize.
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c. If Department fails to receive funding, or appropriations, limitations or
other expenditure authority at levels sufficient to pay for the work provided
in the agreement.
d. If Federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this agreement is
prohibited or if the Department is prohibited from paying for such work
from the planned funding sources.
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
3. Agency acknowledges and agrees that Department, the Secretary of State's
Office of the State of Oregon, the federal government, and their duly authorized
representatives shall have access to the books, documents, papers, and records of
Agency which are directly pertinent to the specific agreement for the purpose of making
audit, examination, .excerpts, and transcripts for a period of three years after final
payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by Department.
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4. It is understood and agreed that the activity covered in this agreement is
undertaken under the authority of Section 402, Title 23, United States Code, and is
subject to the administrative regulations established by Federal guidelines including
Circulars A-87 and A-102 and are hereby attached as Exhibit D and incorporated by
reference with the same force and effect as if they were given in full text.
5. This agreement and attached exhibits constitute the entire agreement between
the parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
Department to enforce any provision of this agreement shall not constitute a waiver by
Department of that or any other provision.
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The Fiscal Year 1996-1998 Highway Safety Plan was approved by the Oregon
Transportation Commission on August 16, 1995.
On March 7, 1996 the Oregon Transportation Commission adopted Delegation Order 2,
which grants the authority to the Section Manager to approve and execute agreements
up to $10,000 for work in the current workplan budget.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
AGENCY
Woodburn Police Department
STATE OF OREGON, by and through
its Department of Transportation
By
By
Mgr., Transportation Safety Section
Date
AGENCY ADDRESS:
Woodburn Police Department
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Exhibit A
Statement of Work
Agency Obligations:
The following assignments will be performed during effective agreement dates.
1. To provide enhanced traffic enforcement on an overtime basis during all scheduled Three
Flags Campaign blitz periods, with emphasis on safety belt, speed and DUll laws, upon
execution of agreement by all parties through September 30, 1998.
2. To attend Three Flags Campaign planning meetings held in Eugene prior to each blitz
period .
3. All officers receiving overtime pay must complete a safety belt training course for police
officers or have completed the two-hour training course, .Safety Belt Training Course for
Police Officersft since 1991. The course will be presented in all regions of the State. The
Agency will be notified by the Department 'of time and place. Agency is responsible for
training time of officers participating in the overtime enforcement program.
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4. Officers will be permitted and encouraged to issue multiple citations to drivers who have
committed several violations. Example, "exceeding maximum speed" and "failure to wear
safety belt."
5, Agency will conduct observed use surveys prior to each Three Flags Campaign blitz
period. Post enforcement surveys will be conducted at the end of each Three Flags
Campaign blitz period.
6. Agency will inform the news media of this special program and conduct enhanced media
efforts before and after each enforcement blitz period.
7. Agency will report Three Flags Campaign blitz activities and results following each blitz
period to the Department listing traffic enforcement activity during the overtime patrols
and listing traffic enforcement activity on regular non-overtime patrol as shown on Exhibit
B, attached hereto and by this reference.made a part hereof.
8. Agency agrees to document traffic enforcement, using straight-time hours by non-
federally funded officers, at twice the number of hours submitted for overtime
reimbursement under this Agreement.
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Exhibit 0
The following agreements and assurances are required for all grantees and contractors
receiving National Highway Traffic Safety Administration funds through the Oregon
Department of Transportation, Transportation Safety Section.
VIII.AGREEMENTS AND ASSURANCES
A. General
1, The grantee shall ensure compliance with 49 CFR Part 18.42 which addresses retention
and access requirements for grant-related records. The state, the federal grantor agency
and the Comptroller General of the United States, or any of their authorized
representatives, shall have the right of access to any books, documents, papers or other
records of the grantee which are pertinent to the grant These records must be retained
for a period of three years starting on the date the grantee submits its final request for
reimbursement for this grant
2. The grantee and its contractors cannot use federal funds to influence federal employees,
Members of Congress, and CongressionaL.staff regarding specific grants. The grantee
and its contractors must submit disclosure documentation when non-federal funds are
used to influence the decisions of federal officials on behalf of specific projects. Signing
this Agreement constitutes a certification of compliance with these lobbying restrictions.
3. The grantee, its subcontractors, if any, and all employers working under this agreement
are subject employers under the Oregon Workers' Compensation Law and shall comply
with ORS 656-017, which requires them to provide workers' compensation coverage for
all their subject workers.
4. The grantee shall make purchases of any equipment, materials, or services pursuant to
this Agreement under procedures consistent with those outlined in the Oregon
Department of Administrative Services Administrative Rules (Oregon Administrative
Rules, Chapter 125: and Oregon State Law, including ORS Chapter 279, and in particular
ORS 279.312, ORS 279.314, ORS 279.316, and ORS 279.320).
5. The grantee shall defend, save and hold harmless the State of Oregon, including the
Oregon Transportation Commission, the Oregon Transportation Safety Committee, the
Department of Transportation, the Transportation Safety Section, and their members,
officers, agents, and employees from all claims, suits, or actions of whatever nature
arising out of the performance of this Agreement, except for claims arising out of the
negligent acts or omissions of the State of Oregon, its employees, or representatives,
This provision is subject to the limitations, if applicable, set forth in Article XI, Section 10
of the Oregon Constitution and in the Oregon Tort Claims Act, ORS 30.260 to 30.300.
B. Non-Discrimination Assurance
1. The grantee and its contractors will comply with Title VI of the Civil Rights Act of 1964
and Section 504 of the Rehabilitation Act of 1973, as amended, and as implemented by
49 CFR parts 21 and 27, and with the Executive Order 11246, entitled "Equal
Employment Opportunity" as amended by Executive Order 11375 and supplemented by
Department of Labor regulations 41 CFR Part 60, and shall ensure that no person shall
on the grounds of race, color, creed, sex or national origin be excluded from participation,
be denied the benefits of, or be otherwise subj~cted to discrimination under any program
or activity under this project. . ~'
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2. The grantee and its contractors shall ensure that employment and procurement of goods
and services made in connection with the project will be provided without regard to race,
color, creed, sex or national origin.
3. The grantee and its contractors shall take all necessary affirmative steps in accordance
with 49 CFR Part 23 to ensure that minority business enterprises and/or business
enterprises owned and controlled by women have the maximum opportunity to compete
for and to perform contracts.
4. The grantee and its contractors shall ensure that no otherwise qualified handicapped
person shall, solely by reason of hislher handicap, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to discrimination under any program or
activity related to this grant
5. The grantee shall ensure that any contracts and subcontracts awarded in excess of
$10,000 shall contain a provision requiring compliance with the standards set in
paragraphs 1 through 4 of this section.
C. Contracts and Other Service Agreements -"
1. Any contracts or other service agreements that are entered into by the grantee as part of
this project shall be reviewed and approved by TSS to determine whether the work to be
accomplished is consistent with the objectives of the project, and whether the provisions
of paragraphs 2 through 4 of this section are considered.
2. All contracts awarded by the grantee shall include the provision that any subcontracts
include all provisions stated in this section or the provision that no subcontracts shall be
awarded.
3. The grantee shall ensure that each contractor adhere to applicable requirements
established for the grant and that each contract include provisions for the following:
a. Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate.
b. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (PL 94-163).
c. Access by the grantee, the state, the federal grantor agency, the Comptroller General
of the United States, or any of their duly authorized representatives, to any books,
documents, papers, and records of the contractor which are directly pertinent to that
specific contract, for the purpose of making audit, examination, excerpts, and
transcriptions. Grantees shall require contractors to maintain all required records for
three years after grantees make final payments and all other pending matters are
closed.
d. Notice of grantor agency requirements and regulations pertaining to reporting,
requirements and regulations pertaining to patent rights with respect to any
discovery or invention which arises or is developed in the course of or under such
contract, and requirements and regulations pertaining to copyrights and rights in data.
e. Requirements given in Section A. 9-12. '
4. Where applicable, contracts shall include the fo1,lowing provisions.
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a. Termination for cause and for convenience by the grantee including the manner by
which it will be effected and the basis for the settlement. (Contracts in excess of
$10,000)
b, Compliance with Executive Order 11246 of September 24, 1965 entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967 and supplemented in Dept. of Labor regulations (41 CFR Part 60). (Contracts
in excess of $10,000)
c. Compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in
Dept. of Labor regulations (29 CFR Part 3). (Construction or repair contracts)
d. Compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by
Dept. of Labor regulations (29 CFR Part 5). (Construction contracts in excess of
$2,000)
e. Compliance with sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 USC 327-330) as supplemented by Dept. of Labor regulations (29
CFR Part 5). (Contracts in excess of $2,500)
f. Compliance with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 USC 1857 (h)), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15). (Contracts in excess
of$100,OOO)
g. Bidders, proposers, and applicants must certify that neither they nor their principals is .
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in this transaction by any federal agency or
department. (Contracts in excess of $25,000)
D. Equipment Purchased with Grant Funds
1. A Residual Value Agreement shall be completed and submitted to TSS if grant funds are
used in whole or in part to acquire any material or equipment costing over $5,000. A
copy of the original vendor's invoice indicating quantity, description, manufacturer's
identification number and cost of each item should be attached to the signed agreement.
All equipment should be identified with a property identification number.
2. All material and equipment purchased shall be produced in the United States in
accordance with Section 165 of the Surface Transportation Assistance Act of 1982 (Pub.
L. 97-424; 96 Stat. 2097) unless the Secretary of Transportation has determined under
Section 165 that it is appropriate to waive this agreement.
3. Material and equipment shall be used in the program or activity for which it was acquired
as long as needed, whether or not the project continues to be supported by grant funds.
Ownership of equipment acquired with grant funds shall be vested with the grantee.
Costs incurred for maintenance, repairs, updating, or support of such equipment shall be
borne by the grantee.
4. If any material or equipment ceases to be used in project activities, the grantee agrees to
promptly notify TSS. In such event, TSS may direct the grantee to transfer, return or
otherwise dispose of the equipment.
E. Debarment
The grantee, in accepting this Agreement, certifies that the agency or its officials are not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this transaction by any state or federal agency or department. .
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