Res 1351 - Safety Belt Enforce
COUNCIL Bill NO. 1709
RESOLUTION NO. 1351
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
STATE OF OREGON, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION,
FOR THE SAFETY BELT ENFORCEMENT PROGRAM AND THE THREE FLAGS
PROGRAM.
WHEREAS, the Woodburn Police Department was again awarded a grant for
1996 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 for 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 for 1996
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 through the Safety Belt
Enforcement program and the Three Flags program.
Section 2. That the Mayor be further authorized to execute, on behalf of the
city, said agreement, a copy of which is attached hereto, and by this reference, is
incorporated herein.
Approved as to for;:)1 ~~
City Attorney
C:-1-16
Date
Page 1 -
COUNCil Bill NO. 1709
RESOLUTION NO. 1351
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APPROVE~_.. r~-L.---;
NANCY A. RKSEY, MAYOR
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Passed by the Council
May 13, 1996
May 14, 1996
May 14, 1996
May 14, 1996
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST /1{o..~ ~1--J,-:-T
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 1709
RESOLUTION NO. 1351
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ODOT Contract # /4,4- 3S
TSS#OP9645003/HB9685003 7 -; z.
#DTNH22-96-G-05103
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. 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.
4. Under such authority, Department wishes to retain the services of Agency to
perform the work shown on Exhibit "A.1 and Exhibit A.2," attached hereto and by this
reference made a part hereof. Payment for said services shall not exceed a maximum
amount of $4,000 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 OBLIGATIONS
1. Agency shall perform the work described on Exhibits A.1 and A.2. The work is to
begin upon execution of the agreement by all parties and be completed no later than
September 30, 1996 for the Safety Belt Enforcement Program and November 30, 1996
for the Three Flags Program.
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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. Billing periods: April-June 30; July-
September 30, 1996, and October-November 1996. 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 for the Safety Belt
Enforcement Program (Exhibit A.1 ) ,received after November 5, 1996. 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. Equipment specifically related to safety belt education.
e. Administrative costs associated with the project, and travel to TSS-
sponsored workshop 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
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with the Americans with Disabilities Act of 1990 (Pub L No. 101-336) including Title II of
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 withholdings.
Department OBLIGATIONS
1. In consideration for the services performed, Department agrees to pay Agency a
maximum amount of $3,OOOjor the Safety Belt Enforcement Program and $1,000 for
the Three Flags Program for a total not to exceed $4,000. 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 's current appropriation or limitation of current biennial budget.
3. Project managers:
Woodburn Police Department
Agency
S9t. Allen De Vault
Contact Name
270 Montgomery Street
Woodburn. OR 97071
Address
503-982-2345
Telephone number
Departme:ltffransportation Safety Section:
Geri Parker
Transportation Safety Section, ODOT
555 13th St. NE
Salem, OR 97310
503/986-4199 or 1-800-922-2022
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 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 form 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
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subject to the administrative regulations established by Federal guidelines including
Circulars A-a7 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.
The Fiscal Year 1996 Highway Safety Plan was approved by the Oregon
Transportation Commission on August 16, 1995.
The Oregon Transportation Commission, on March 7, 1996, 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 ::?;? """''''';1/1 9f:., .L.,,-~
M yar
Date May 14. 1996
By
Manager Transp. Safety Section
Date
AGENCY ADDRESS:
FORM APPROVED AS TO
LEGAL SUFFICIENCY
Woodburn Police Department
Attn: Sgt. Allen De Vault
270 Montgomery St.
Woodburn, OR 97071
Dale K. Hormann
Assistant Attorney General
Date: April a. 1996
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Exhibit A.1
Statement of Work
Safety Belt Enforcement Program
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 30,
1996.
2. All officers receiving overtime pay must have completed the two-hour training
course, "Safety Belt Training Course for Police Officers" or complete the course
within 45 days of the beginning of the agreement. 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.
3. 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."
4. Agency will select target enforcement areas by conducting pre-enforcement
safety belt use surveys in high crash locations. Post-enforcement safety belt
surveys will be conducted quarterly or at the end of the enforcement period in
each selected location.
5. Agency will advise the news media of safety belt compliance in all investigated
traffic crashes.
6. Agency will inform the news media of this special program and keep them
apprised of enforcement results.
7. 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.1, 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 A.2
Statement of Work
Three Flags Special Traffic Enforcement Program
The following assignments will be performed during effective agreement dates: Ten-
Day law enforcement blitz periods have been established: June 28-July 7, 1996;
September 27 -October 6, 1996.
1. Conduct intense, highly publicized traffic enforcement on an overtime basis,
during the designated ten-day blitz period, with emphasis on safety belt, speed
and DUll laws.
2. Conduct 1 OO-car observational surveys of safety belt use prior to and after each
ten-day blitz period.
3. Provide information to the media prior to the ten-day enforcement period and
following the ten-day enforcement period, describing program goals and
accomplishments.
4. Collect and report citation/contact information on traffic stops conducted during
overtime enforcement period.
5. Collect and report anecdotal information on non-traffic related violations such as
criminal arrests, theft or fugitive apprehensions, achieved as a result of traffic
stops and include on required report form.
6. FAX overtime enforcement activity summary to Department within five days
following end of blitz period.
7. Provide Department full report within one month following end of blitz period,
outlining both overtime activity and straight-time activity and providing
citation/contacts on impaired driving, occupant protection, speed, and other
traffic offenses; non-traffic arrests/citations; Number of media contacts and/or
public service announcement activity; Pre- and post-blitz observational survey
results; and overall program accomplishments as shown on Exhibit C.2 attached
hereto and by this reference made a part hereof.
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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 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 1" ort
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 othelWise subjected 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 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 $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. VVhere 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)
9
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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 01$2,500)
1. 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 $100,000)
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 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.
10
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