Res 1166 - Agmt Safety Belt Enf
COUNCIL BILL NO. 1456
RESOLUTION NO. 1166
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
STATE OF OREGON TO PROVIDE SAFETY BELT AND MOTORCYCLE HELMET LAW
ENFORCEMENT.
WHEREAS, the Woodburn Police Department was awarded a grant through the
Oregon Traffic Safety Commission; and
WHEREAS, grant funding will provide extra enforcement of traffic laws, with
emphasis on safety belt and motorcycle enforcement; and
WHEREAS, it is necessary to enter into an intergovernmental agreement with
the State of Oregon, by and through the Oregon Department of Transportation, Traffic
Safety Section, to allow the use of the grant funds; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into an intergovernmental agreement with the
State of Oregon, acting by and through the Oregon Department of Transportation,
Traffic Safety Section, the principal purpose of the agreement being to supplement
the enforcement of traffic laws, especially laws for safety belts and motorcycle
helmets, by providing extra overtime funds.
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,
incorporated herein. / I
Approved as to form~ %-~~ .3 .t.f /7 -3
City Attorney '~~/1 j/, ~at~
APPROVED: ~(~~~
Le Kelley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:;11. ~.
. J~ennant, City Recorder
City of Woodburn, Oregon
March 8, 1993
March 9, 1993
March 9, 1993
March 9, 1993
Page 1 -
COUNCIL BILL NO, 1456
RESOLUTION NO. 1166
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INlERGOVERNMENTAL AGREEMENT
Agreement Number HB938503300
This Agreement is made and entered into by and between the State of Oregon acting by and
through the Oregon Department of Transportation, Traffic 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 and motorcycle
helmets, by providing extra overtime funds.
B. AUTIIORITY
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,
D, EFFECTIVE DATE AND DURATION
This Agreement shall become effective on April 1, 1993 (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, 1993.
II. PROJECT MANAGEMENT PLAN
A. DEPARTMENT OBLIGATIONS
Department agrees to pay Agency not to exceed the sum of $4,000 upon
completion of work as described under II,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.
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B, AGENCY OBLIGATIONS
The following assignments will be performed during effective contract dates.
1. To provide overtime traffic enforcement, with an emphasis on safety belt
and motorcycle helmet violations.
2. All officers receiving overtime pay must have attended the two hour training
course "TSD Safety Belt Enforcement" 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,
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 user 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 (See Attachment A for information required.)
8. 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.
9. Reimbursement Agreement
Agency shall submit quarterly 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 (Quarterly:
April-June 30; July-September 30,) 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 November 5, 1993, 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,
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1 O. 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, Administrative costs associated with the project.
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 pwpose 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.
C. KEY OFFICIALS
1. WOODBURN POLICE DEPARTMENT
Agency
LT. DON EUBANK
Contact Name
270 MONTGOMERY STREET
WOODBURN. OR 97071
Address
(503) 982-2345
Telephone number
2, Traffic Safety Section
400 State Library Building
Salem, Oregon 97310
Telephone Number 378-3669 or 1-800-922-2022
CONTACT: 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.
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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 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 402, Title 23, United States Code,
and is subject to the administrative regulations established by Federal guidelines
including Circulars A-S7 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. APPROVAL
The Fiscal Year 1993 Highway Safety Plan was approved by the Oregon Transportation
Conunission on July 21, 1992. At that time the Manager was authorized and directed to
sign all contracts included in this Plan for and on behalf of the Conunission, Said authority
is set forth in the records, Minute Book of the Oregon Transportation Conunission.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as
of the day and year hereinafter written,
V. SIGNA TURES
AGENCY
STATE OF OREGON, by and
through its Department of
Transportation, Traffic Safety
Section
City of Woodburn
(~ffi~ ~d/J,?
By ~I
/
LEN KELLEY, MAYOR
(Type or print name and title)
By
Ed Marges, Manager
Date
Date March 9, 1993
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