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Res 1261 - Traffic Safety Grnt COUNCIL BILL NO. lo85 RESOLUTION NO. 1261 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON (OREGON DEPARTMENT OF TRANSPORTATION. TRANSPORTATION SAFETY SECTION) ACCEPTING A TRAFFIC SAFETY GRANT FOR 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 supplement the enforcement of traffic laws in Woodburn, especially laws for safety belts, by providing funds for education and payment of overtime, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the State of Oregon, acting by and through the Oregon Department of Transportation, Transportation Safety Section to provide reimbursement for police officer training and payment of overtime in safety belt enforcement. Section 2. That the Mayor, on behalf of the City, is authorized to execute said agreement, a copy of which is attached and, by this refer~e~7;rporated herein. Approved as to form: ' q 'f- City Attorney 'Date APPROVED: ~ ~ Len Kelley, Mayor Page 1 - COUNCIL BILL NO. 1585 RESOLUTION NO. 1261 ....... ._"".._..._.....~.-..--.,.-_._-" INTERGOVERNMENTAL AGREEMENT 'TSS Agreement Number DTNH22-93-Z-35195486 OooT # 13,025 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 . RECITALS A. PURPOSE The principal purpose of this agreement is to supplement the enforcement of traffic laws throughout Oregon, especially laws for safety belts, by providing extra overtime funds; and the education and information of safety belt, DUll, and other traffic laws through local promotional activities, B. AlITHORITY 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 September 1, 1994 (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 December 31, 1994. II. PROJECT MANAGEMENT PLAN A. DEPARTMRNTOBLIGATIONS Department agrees to pay Agency not to exceed the sum of $2,000 upon completion of work as described under n.B. A~ency Obli~ations. 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""".'''''----..'' .<-- _._~.--_.~.. .~,- '-,,- TSS Agreement # DTNH2293Z35 195486 ODOT # 13,025 8131194 Page 2 B. AGENCY OBLIGA nONS The following assignments will be performed during effective contract dates. 1. To provide overtime traffic enforcement, with an emphasis on safety belt, DUll and other traffic violations for the Blitz Period of September 30- October 9, 1994 and a.holiday blitz between Thanksgiving and Christmas. 2. To provide publicity through the media prior to and after each enforcement blitz period as outlined in (E. 1.) above. Agency will inform the news media of this special program and keep them apprised of enforcement results. Agency will advise the news media of safety belt compliance in all investigated traffic crashes throughout the entire agreement time frame. 3. All officers receiving overtime pay must have previously completed the two hour training course "TSD Safety Belt Enforcement" 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 select target enforcement areas by conducting pre-enforcement safety belt user surveys in high crash locations prior to each enforcement blitz. Post-enforcement safety belt surveys will be conducted in the same locations at the conclusion of each enforcement blitz and results reported to the public through the news media. 6. 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. (See Attachment A for information required.) 7. Agency agrees to document traffic enforcement, using straight-time hours by non.federally funded officers, equal to or greater than the number of hours submitted for overtime reimbursement under this Agreement. 8. Reimbursement Agreement Agency shall submit 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 each Blitz period. (ReportingIBi1ling periods: September/October and November/December. The billing shall be submitted on the appropriate Department reporting form (Attachment B), indicate 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 January 10, 1995. 9. Allowable charges under this agreement to contract funds include: TSS Agreement # DTNH2293Z35195486 ODQT # 13,025 8131194 Page 3 a. Overtime pay for Enforcement Blitz 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, including Department approved travel expenses and expenses associated with the planned A wards Conference. d. Public information/education and enforcement materials. 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 Sgt Allen DeVault 270 Montgomery Street Woodbum,OR 97071 2. Transportation Safety Section 400 State Library Building Salem, Oregon 97310 Telephone Number 378-3669 or 1-800-922-2022 CONTACf: Geri Parker III. GENERAL PROVISIONS A. TERMINATION This agreement can be terminated at any time with two (2) weeks written notice by either party in writing. -..-... .,-. ..,...! TSS Agreement # DTNH2293Z35 195486 ODOT # 13,025 8131/94 Page 4 B. STATE WORKERS' COMPENSATION Acr The Agency, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worlrers' 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 Department's own acts or omissions under this agreement and Agency or Department shall defend, hold hannless 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. D. FEDERAL REGULATIONS It is understood and agreed that the activity covered in this Agreement is undertaken under the authority of Section 403, Title 23, United States Code, and is subject to the admiriisttative regulations established by Federal guidelines including Circulars A-87 and A-102, 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 Section 403 Grant for Statewide Occupant Protection Selective Traffic Enforcement Program was approved by the Oregon Transportation Commission on October 20, 1993. 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 WOODBURN POUCE DEPARTMENT By~K~ iJ! Itl/ () /( (Type or print ooe and title) Date September 27, 1994 ST ATE OF OREGON, by and through its Department of Transportation, Transportation 0 Safety Section By Ed Marges, Manager Date ....-... .. T"'" .. ",^--..,,---.. ~~-"'-'"".'_."'---'" . - ~--'._._"- Attachment A THREE FLAGS ACTIVITY REPORT Intergovernmental Agreement #DTNH22-93-Z-35195 486 Agency Address Conlact Person: T~lJIe Reporting period Ie Description of Activities/results (Attach separate Sheet if necess<Lry) Surveys: Pre-safety belt survey Media Campaign: # News Releases issued # Press Conferences held # Newspaper Articles printed (Attach) Other Media (desctibe) 0/0 Post.safety belt survey % Pre-Campaign Post-Campaign Enforcement Activity: Safety belt/Child Restraint Contacts Citations Warnings DUll Arrests Speed (all) Other Traffic Violations 1 D-day Blitz Q,T. Enforcement Reporting Period Straiaht time Anecdotal reports of non-traffic arrests resulting from overtime safety belt enforcement:(attach separate sheet if necessary) Training (during this reporting period) Training Received In-service Training given course name #Officers # Officers course name Number of Officers participating in Three Flags Program Number of officers trained in TSC Safety Belt Program Mail reports by: November 10. 1994 December 31. 1994 To: Transportation Safety Section 400 State Library Building Salem, OR 97310 ..- . ,,-'--- .~-~<.,~,.~~._._.-._.,.....--~.~.,._.,-~_.__._._~.~,._,~.-,--_..~ ~I V> ~ V> M Z~ _OM .......'" f-<' ~<:::l Z::;1;;; f;l;le>::t:::: ~OO :J::I<... u~il <t!ll ...z ~.... <..:1< ..:1- "'.5 =5 ~ " i5 tl .Ei " '" '" " c: o .c if .9 "i) E- "8 5 '5 6 "- "- 00 " .s .. ;:; g <'l V ~ ~ " -lJ " <C '" 00 g :3 ~ "c; <C :>: / ~ ~ c: ~ !l II .c ~ .. 8 'p :a "0 .. .c u !S ~ ~~ .8.8 "" H "" 00 ........ 00 llll ,a ,a ~~ zz ~ ~ ~ ~ .8.8 .8.8 u C) u u l~ .~,~ 4,) 4) 00 00 00 "-0'"-< \0-0"- 00 00 llll llll .D .D .D .D ~ ~ ~ ~ zz zz " "g9"9g ca ~ cd @ cd "" zoo zoo II II u u t.:; l..::; ~ ~ o 0 ,..-.--- ~~---.-_.. ...-...........-.-. ~ ::;1 ~ c:.: ~ > o f-< Z ~ ::;1 w V c:.: o ~ z ~ " " " " ;a ~ ~ zoo 8 '" ~ o ~ ::;1 .... f-< c:.: ~ > o :>< ~ > c:z:: ~ '" ~~ .8.8 " " H "" 00 ........ 00 llll ~~ zz ~ ~ ::;1 ~ v c:z:: o I<. 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