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Res 1396 - Traff Law & Safety B COUNCIL BILL NO. 1769 RESOLUTION NO. 1396 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF OREGON, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, FOR A TRAFFIC LAW AND SAFETY BELT ENFORCEMENT PROGRAM. WHEREAS, the Woodburn Police Department was again awarded a grant for 1997 through the Oregon Department of Transportation, Transportation Safety Section; and WHEREAS, this grant funding will provide the basis for a traffic law and safety belt enforcement 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 (ODOT Contract #15,073, TSS #OP9745003-822) for 1997 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. 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. fY7!)/Z,O Approved as to form: ~ \ -1'- 11 City Attorney Date APPROVED: Page 1 - COUNCIL BILL NO. 1769 RESOLUTION NO. 1396 "..........,...-- -,---,,-.----""-~,-,..,.,.._;;~-_.""- T Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: f1'1cu..,-/ ~ Mar~ant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1769 RESOLUTION NO. 1396 .._-~ . .-.---'....---..---,----. -- January 13, 1997 January 15, 1997 January 15, 1997 January 15, 1997 - ODOT Contract # 15,073 TSS # OP9745003-822 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 190.110 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 activities that a party to the agreement, its officers, or agents have the authority to perform. 2. By the authority granted in ORS 802,300-340, the Department may enter into contracts and agreements for the performance of functions and activities to promote highway safety. 3. Depantnent 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. 4. Under such authority, Department wishes to retain the services of Agency to perform the work shown on Exhibit "A" (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. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: Agency OBLlGA liONS 1. Agency shall perform the work described on Exhibit A. The work is to begin upon execution of the agreement by all parties and be completed no later than September 30, 1997. 1 --.......- -~..._--'- - 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-March 30; April1-June 30; July 1-September 30, 1997. 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 program 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. Safety belt educational/promotional materials, d. Approved equipment specifically related to safety belt education or enforcement. e. Administrative costs associated with the project, and travel to TSS- sponsored workshops held in Eugene. 4. Cost records and accounts pertaining to the work covered by this agreement shall be kept available for inspection by representatives of Department for a period of three years following date of final payment. Copies of such records shall be made available upon request. 5. Agency shall not enter into any subcontracts for any of the work scheduled under this agreement without obtaining prior written approval from Department. 6. Agency agrees to comply with all federal, state, and local laws and ordinances applicable to the work under this agreement. Agency agrees that the provision of ORS 279.312, 279.314, 279.320, and 279.555 shall apply to and govern the performance of this agreement. 7. Agency agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Agency also shall comply with the Americans with Disabilities Act of 1990 (Pub L No. 101-336) including Title II of 2 "....,._. ""~,-,"~,-.,-"",,,.","-~,,-,,,--~.... i -, the Act, ORS 659.425, and all applicable regulations and administrative rules established pursuant to those laws. 8. Agency shall be 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 with holdings. Department OBLIGATIONS 1. In consideration for the services performed, Department agrees to pay Agency a maximum amount of $3,000.00 Department shall pay quarterly billings received by Agency within 30 days if received by Department on or before the 10th of the month following the billing period. 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 IS current appropriation or limitation of current biennial budget. 3. Project Managers: Wood~rn Police Department Agency S9t. Allen DeVault Contact Name 270 Montgomery Street Woodburn. OR 97071 Address (503) 982-2345 Telephone number DepartmentlTransportation Safety Section: Geri Parker Transportation Safety Section, ODOT 555 13th S1. NE Salem, OR 97310 503/986-4199 or 1-800-922-2022 Fax 503/986-4189 3 ,....--. ....---.-'.."".....-'-.,--... ,- 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 consent of both parties, or by either party upon two weeks notice, in writing and delivered by certified mail or in person. 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, 3. The parties shall not waive, alter, modify, supplement or amend this agreement without written agreement signed by the parties. 4. 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. 5. Subject to the limitations of the Oregon Constitution and statutes, Agency and Department each shall be solely responsible for any loss or injury caused to third parties arising from Agency's or Department's own acts or omissions under this agreement and Agency or Department shall defend, hold harmless and indemnify the other party of this agreement with respect to any claims, litigation or liability arising from Agency's or Department's own acts or omissions under this agreement. 6. 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. 4 ".....'......, , The Fiscal Year 1996-98 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 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 Bf~ -t:~ MAYOR Date January 15, 1997 STATE OF OREGON, by and through its Department of Transportation .... By Manager Transp. Safety Section Date AGENCY ADDRESS: FORM APPROVED AS TO LEGAL SUFFICIENCY Woodburn Police Department Agency S9t. Allen DeVault Contact Name 270 Montgomery Street Woodburn. OR 97071 Address (503) 982-2345 Telephone number Dale K. Hormann Assistant Attorney General Date: December 9,1996 5 ~....'~............'.. "'-"-"" ., -, Exhibit A Statement of Work Agency Obligations: The following assignments will be performed during effective agreement dates. 1 . To provide overtime traffic enforcement, with emphasis on safety belt, speed and DUll laws, upon execution of agreement by all parties through September 3D, 1997. 2. To participate in enhanced enforcement of Oregon's safety belt law during the Three Flags Campaign ten-day blitz periods scheduled for February 7-16, 1997, June 27-July 6, 1997 and September 19-28, 1997, 3. To attend Three Flags Campaign planning meetings held in Eugene prior to each blitz period. 4. 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 Officers" 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. 5. 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." 6. Agency will conduct observed use surveys prior to each Three Flags Campaign blitz period and prior to each special enforcement period as determined by the Agency. Post enforcement surveys will be conducted at the end of each Three Flags Campaign blitz period and at the end of other special enforcement periods. 7. Agency will advise the news media of safety belt compliance in all investigated traffic crashes. 8, Agency will inform the news media of this special program and conduct enhanced media efforts before and after each enforcement blitz period. 9. Agency will report quarterly 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 C, attached hereto and by this reference made a part hereof. 6 .~^o....'__ 'f~- - 10. 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. "'- 7 . ....-. .---.... -",---.--,... - Exhibit B "'- 8 -.._.._-'_...._---'--,.--.,--~----* . . ....~ - Exhibit C ....... 9 "r EXHIBIT D 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 ce.rtification 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 subjected to discrimination under any program or activity under this project. 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. 10 ........-" , 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 his/her 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 $1 0,000 shaH 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, Mahdatory 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 (Pl94-163), 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 following provisions, 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 use 327-330) as supplemented by Dept. of Labor regulations (29 CFR Part 5), (Contracts in excess of $2,500) 11 .0"'''--' "'_.,_'~'c"_'''___I'_____ - 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 01$100,000) 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 rss. 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. 12 ~.'''''''--''-'~'--''''"~~''"''''~~'''._--''--'"'~- "