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Res 1297 - Traff Safety Grnts COUNCIL BILL NO. 1630 RESOLUTION NO. 1297 A RESOLUTION ENTERING INTO TWO AGREEMENTS WITH THE STATE OF OREGON (OREGON DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY SECTION) ACCEPTING A TRAFFIC SAFETY GRANTS FOR TRAINING AND TO SUPPLEMENT ENFORCEMENT OF TRAFFIC LAWS. WHEREAS, the enforcement of traffic laws in Woodburn is very important to the traffic safety of the city of Woodburn, and WHEREAS, grant funds are available from the State of Oregon, Oregon Department of Transportation, Transportation Safety Section, to provide training on safety belt, child safety seat and motorcycle helmet enforcement to law enforcement officers participating in Transportation Safety Section grant-funded overtime enforcement, and to supplement the enforcement of traffic laws by providing extra overtime funds, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Agreement #HB958503560, a copy of which is attached as Exhibit · A., with the State of Oregon, acting by and through the Oregon Department of Transportation, Transportation Safety Section, to supplement the enforcement of traffic laws, especially for safety belts and motorcyle helmets, by providing extra overtime funds. Section 2. That the City of Woodburn enter into Agreement Number DE952001583, a copy of which is attached as Exhibit "B", with the State of Oregon, acting by and through the Oregon Department of Transportation, Transportation Safety Section, to provide training on safety belt, child safety seat and motorcycle helmet enforcement. Section 3. The Mayor, on behalf of the City, is authorized to execute said agreements. Approved as to forJl~.~ City Attorney ~/tI/1~ I Dat~ APPROVED L/1~ fj III;A/j - NANCY A. ,KIRKS Y, MAYO~ Page 1 - COUNCIL BILL NO. 1630 RESOLUTION NO. 1297 .-..."....-. > ..-----....-.-........ -. ._._,.......,-,~-- Passed by the Council Submitted to the Mayor Approved by the Mayor May 8, 1995 May 9, 1995 May 9, 1995 Filed in the Office of the Recorder May 9. 1995 ATTEST: fV) -r~ Ma~ennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1630 RESOLUTION NO. 1297 ."'._~.'-~"-'" .........~....",._.-,_...""._""""'",-'""'-''"'.-..~'~.---.,.- IN1ERGOVERNMENTAL AGREEMENT Agreement Number DE952001583 ODOT #13,576 This Agreement is made and entered into by and between the State of Oregon acting by and through the Oregon Department of Transportation. Transportation Safety Section, hereafter called Department, and Woodburn Police Department, hereafter called Agency. I. RECIT ALS A. PURPOSE The principal purpose of this agreement is to provide training on safety belt, child safety seat and motorcycle helmet enforcement to selected law enforcement officers participating in TSS grant-funded overtime enforcement. B. A1J1HORITY 1. By the authority granted in 802.300-340. the Department may enter into ~~~~agreem~~~~~cemfun~~~~~~to promote highway safety. 2. By the authority granted in ORS 190, the Department can enter into intergovernmental agreemen~. C. BENEFITS Law Enforcement officers will provide safety belt, child safety seat and motorcycle helmet enforcement training to officers throughout the State of Oregon, with an overall goal of increasing safety belt, child safety seat and motorcycle helmet use. and decreasing death and injury from motor vehicle crashes. D. EFFECTIVE DATE AND DURATION This Agreement shall become effective on May 1, 1995 (or on the date when both parties have signed this Agreement, whichever date is later). This Agreement shall expire, unless otherwise terminated or extended, on September 30,1995. II. PROJECT MANAGEMENT PLAN A. DEPARTMENT OBLIGATIONS Department agrees to pay Agency not to exceed the sum of $475.00 upon completion of work as described under n.B. A~ency Obli~ations. Department shall pay monthly billings received by Agency within 30 days if received by Department on or before the 10th of the month following the billing period. ..- -,- ". -....,...-.-,.. ....-...,...--....-. ' ."~--",,-~._.~.......~,.. Intergovernmental Agreement # DE952001583 OOOT #13,576 4/18195 Page 2 B. AGENCY OBLIGATIONS The following assignments will be performed during effective contract dates. The agency agrees: 1. Officer will train at least two classes in ''TSS Safety Belt Enforcement,"" as directed by Department. 2. Oasses will be conducted throughout the State. Locations selected will be approved by the Department. 3. Agency will submit to the Department a monthly listing of classes taught, date, location, and number of students trained. (See Attachment A.) 4. Reimbursement Agreement Agency shall submit monthly billings to the Department not later than the 10th of the month following the billing period. These billings must reflect actual costs and work accomplished during the billing period. The billing shall be submitted on the appropriate TSS reporting form (Attachment A), indicate billing period, overtime hours/rate of pay, travel expenses (if any) and be signed by the contracting official. 5. Allowable charges to contraCt funds include: a. Overtime pay for conducting at least two training classes between May 1, 1995 and July 1, 1995. b. Travel costs associated with conducting local training classes. (According to Executive Department Administrative Rules on Travel and Transportation. The maximum reimbursement for automobiles will be $0.22 per miles. The maximum reimbursement for per diem will be $60.75 per day.) The Department will not be able to honor Claims for Reimbursement received after November 5, 1995. 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. The 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 the Agency which are directly pertinent to this specific agreement for the purpose of making audit, examination, excerpts, and tranScripts for a period of three (3) years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by Department. Intergovernmental Agreement # DE952001583 OOOT #13,576 4/18195 Page 3 c. KEY OFFICIALS 1. Woodbmn Police Departtnent 270 Montgomery Woodburn, OR 97071 Telephone Number: 982-2345 Instructor. PATROLMAN CRAIG CUNNINGHAM 2. Transportation Safety Section Contact Geri Parker 400 State Library Building Salem, Oregon 97310 Telephone Number: 378-3669 or 1-800-922-2022 III. GENERAL PROVISIONS A. TERMINATION This agreement can be terminated at any time with two (2) weeks written notice by either party'in writing. B. STATE WORKERS' COMPENSATION ACf The 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. c. INDEMNITY 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 Departtnent's own acts or omissions under this agreement and Agency or Department shall defend, hold harmless and indemnify the other party to this agreement with respect to any claims, litigation or liability arising from Agency's or Department's own acts or omissions under this agreement. .. . '~" T-' Intergovernmental Agreement # DE952001583 ODOT #13,576 4/18195 Page 4 D. FEDERAL REGULA nONS 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-I02, and are hereby incorporated by reference with the same force and effect as if they were given in full text The Agency agrees not to use the funds received through this agreement for activities previously carried out with its own resources. IV. APPROV AL The Fiscal Year 1995 Highway Safety Plan was approved by the Oregon Transportation Commission on July 19, 1994. At that time the Manager was authorized and directed to sign all contracts included in this Plan for and on behalf of the Commission. Said authority is set forth in the records, Minute Book of the Oregon Transportation Commission. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. V. SIGNATURES AGENCY CITY OF WOODBURN (agency By ~~-/J 7f'~I--------' I NANCY .A. . KIRKSEY. MAYOR./ (fype or print name and title) ST ATE OF OREGON, by and through its Department of Transportation, Transportation Safety Section By Ed Marges, Manager Date Date May 9. 1995 ~.. ........ INTERGOVERNMENTAL AGREEMENT AGREEMENT #HB958503560 ODOT #13,549 This Agreement is made and entered into by and between the State of Oregon acting by and through the Oregon Department of Transportation, Transportation Safety Section, hereafter called Department, and Woodburn Police Department, hereafter called Agency. I. RECIT ALS A. PURPOSE The principal purpose of this agreement is to supplement the enforcement of traffic laws throughout Oregon, especially laws for safety belts and motorcycle helmets, by providing extra overtime funds. B. AUTHORITY 1. By the authority granted in 802.300-340, the Department may enter into contraCts and agreements for the performance of functions and activities to promote highway safety. 2. By the authority granted in ORS 190, the Department can enter into intergovernmental agreements. C. BENEFITS Traffic officers will be trained in safety belt enforcement Public attention about traffic safety will be gained. Data about safety belt use will be gathered. Hundreds of traffic enforcement hours will be added and the expected result will be increased belt use and decreased deaths and injuries from motor vehicle crashes. D. EFFECTIVE DATE AND DURATION This Agreement shall become effective on May I, 1995 (or on the date when both parties have signed this agreement, whichever date is later). This Agreement shall expire, unless otherwise terminated or extended, on September 30, 1995. II. PROJECT MANAGEMENT PLAN A. DEPARTMENT OBLIGATIONS Deparnnent agrees to pay Agency not to exceed the sum of $3,000 upon completion of work as described under IT.B. Agency Obligations. 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. ..- 'T~- ~ . .~..-.,'...~. ;n_".' *"".. ._.... _",__,"...,c..;__~,"..,~. ,-,.=.''--'._' '._"._~--" . . HB958503560 OOOT #13,549 Page 3 The Department will not be able to honor Claims for Reimbursement received after November 5, 1995. This deadline is crucial as the National Highway Traffic Safety Administration now requires all papelWork for the entire Department program be completed by December 31. 10. Allowable charges under this agreement to contract funds 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/motorcycle helmet educationaI/promotional materials. d Equipment related to safety belt/motorcycle helmet overtime enforcement or education. e. Administrative costs associated with the project, and travel to TSS- sponsored conferences in Eugene. The 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 the Agency which are directly pertinent to this specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after fmal payment Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by Department. C. KEY OFFICIALS 1. Woodburn Police Department Attn: Sgt. Allen DeVault 270 Montgomery Street Woodburn, OR 97071 Telephone Number: 982-2345 2. Transportation Safety Section Contact: Geri Parker 400 State library Building Salem, OR 97310 Telephone Number: 378-3669 or 1-800-922-2022 --T""" HB958503560 OOOT #13,549 Page 5 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. v . SIGNATURES AGENCY STATE OF OREGON, by and through its Departtnent of Transportation, Transportation Safety Section CITY OF WOODBURN Agency rL/ By: .:nj9'1 Tl~ NANCY A. KIRKSEY, MAYOR ([ype or print name and title) f May 9, 1995 Date By Ed Marges, Manager Date: ,-. ----.-.,.; .,,,.._.~,......~,,,._.._...~_.._.,. ",--~-"~,,,-""--"-""-"""'"'-'-'--"~'''-'-''-- < J ~ E-c ~ o ~ ~ ~ >c f: 2: E-c U < V') 0'\ 0'\ ..... o ... 8 13 ~ "5 ~ ~ ~ .W j !! ... ~ ~ o ~ ~ I ~ tf ... ..s ~ ~ [ E o ~ b.O 0 < u ~ - ~ ~ ... ~ ~ 0.. 'g 'S zs.. S- ~'I ~e ...b.O ~ ~'g 'S.. 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