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Res 1118 - Traff Safety Gr 91/9 COUNCIL BILL NO. 1386 RESOLUTION NO. 1118 A RESOLUTION AUTHORIZING EXECUTION OF OREGON DEPARTMENT OF TRANSPORTATION TRAFFIC SAFETY GRANTS RECEIVED DURING FISCAL YEAR 1991-92. WHEREAS. National Highway Traffic Safety grants have been awarded to the City of Woodburn for the purpose of selective traffic enforcement pertaining to seat belt and motorcycle helmet violations; now, therefore. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign the Traffic Safety grant on behalf of the City of Woodburn for enforcement and public education of safety belt and motorcycle helmet violations, a copy of which is attached hereto for reference. Section 2. That the City accept the interagency agreement with the Department of Transportation, dated April 27.1992 and signed by Police Chief Wright, for instructor training on safety belt and motorcycle helmet enforcement, a copy of which is attached hereto for reference. Filed in the Office of the Recorder APPROVED vJ FRED W. KYSER, May 11. 1992 May 12. 1992 May 12. 1992 May 12. 1992 / Passed by the Council Submitted to the Mayor Approved by the Mayor ATTEST fYI~ ~~ Mary Tenn t, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1386 RESOLUTION NO. 1118 IN1ERGOVERNMENTAL AGREEMENT Agreement Number HB928504~ This Agreement is made and entered into by and between the State of Oregon acting by and through the Orer~~artmen~Transportatio~fiC Safety Division, hereafter called Division, and \m1(\'f\ 'nC'1l.. ~'flO m::. 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 . AllTI-lORITY 1. By the authority granted in 802.300-340, the Division 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 State 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. D. EFFECTIVEDATEANDDlJRATION This Agreement shall become effective on May I, 1992 (or on the date when both patties have signed this Agreement, whichever date is later). This Agreement shall expire, unless otherwise terminated or extended, on September 30, 1992. II. PROJECT MANAGEMENT PLAN A. DMSION OBLIGATIONS Division agrees to pay Agency the sum of $~kYl C!2- upon completion of work as described under II.B. Avency Oblivations. Division shall pay monthly billings received by Agency within 30 days if received by Division on or before the lOth of the month following the billing period. ~. ---""I r....-........'..-. Intergovernmental Agreement 4127192 Page 2 B. AGENCY OBLIGA nONS The agency agrees to perform the following assignments: 1. To provide overtime traffic enforcement, with an emphasis on safety belt and motorcycle helmet violations. 2. All officers receiving overtime pay must attend the two hour training course "TSD Safety Belt Enforcement" 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 BPST or TSD 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 monthly 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 the special program and keep them apprised of enforcement results. 7. Agency will report monthly to the Division listing all 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 like 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 monthly billings to the Division 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 TSD reporting form (Attachment A), indicate agreement number, billing period, overtime hours/rate of pay and be signed by contracting official. Intergovernmental Agreement 4!27192 Page 3 10. Allowable charges to contract funds include: a. Overtime pay for traffic patrol at agency overtime rate including benefits. a. Overtime pay. when necessary, for officers attending the two hour "TSD Safety Belt Enforcement" course. (The course has been developed in Oregon and is approved by the Board on Public Safety Standards and Training for training credit) c. Overtime pay for conducting pre-enforcement and post-enforcement safety belt user surveys. Cost records and accounts pertaining to the work covered by this agreement shall be kept available for inspection by representatives of the Division for a period of three (3) years following date of final payment. Copies of such records shall be made available upon request C. KEY OFFICIALS 1. \ l'ln<Y\'la.l1l'X\ '?n\.jC'~ ~'Dn""kQ~ Police Agem;y -. 'Kcu\ t n e.i ~ ~, ~yud- ~ <"?<'1~.1 "0 Contact Name . ~a m(},l'\'C1fY'OlOl~ .sJeooT, \. 9:vvyfuu 'fH\ O~ Cfl071 q~ _~".5 Telephone number 2. Traffic Safety Division 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. 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 ~. ,--,.- r"--T"-.,----,...---.... ..~,~._>-.-._,-,--,_....~'-- .,,_. --...~-".,~~._-- Intergovernmental Agreement 4(27/92 Page 4 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 Division each shall be solely responsible for any loss or injury caused to third parties arising from Contrac10r's or Division's own acts or omissions under this agreement and Agency or Division shall defend, hold hannless and indemnify the other party to this agreement with respec1 to any claims, litigation or liability arising from Contractor's or Division's own acts or omissions under this agreement D. FEDERAL REGlIT..A TIONS 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, are 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 i1s own resources. IV. APPROV AL The Oregon Transportation Commission, by a duly adopted delegation order, OTC number 36 (September 17, 1991) authorized the Traffic Safety Division Administrator or by subdelegation to the Assistant Administrator of Office and Personnel Services to act in its behalf in approving and executing this agreement. Approval was given by the Oregon Transportation Commission on March 17, 1992 to proceed with the program established by the Traffic Safety Division for expenditure of Section 153 Incentive Grant funds received from the National Highway Traffic Safety Administration. A portion of these funds will finance the cost of this agreement 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 \l')<,,\cd'ouQx\ ~\1C'o "bt d, :;+~cJ ~~~ Fred W. Kyser, Mayor (Type or print ~e and title) -- Date May 12, 1992 STATE OF OREGON, by and through its Department of Transportation, Traffic Safety Division By Ed Marges, Administrator Date -_._.__.._.~----~....., ,.>-- ..~-,.' _....._._-",..~"----._-_.__.- '" '" N "" ~ " '" c:z: -< ...l ...l 0 Q ..."'... ......... ......... ... ... ... ...... ...... ...... <il II II II II II II II 11 II " " " " 11 11 " 1111 ~ " " c f-o " c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c:z: 0 .c a aa aa a a p. ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ 0" CO C COO 000 C ,g ,g ..8..8 ..8..8 00 -Ol .c.c.c .c.c.c .c.c.c .c .c.c 0 f-o ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ 8.8. RRR RRR RRR R 8- R R8- 8-8- ...l " ~ ;;; "- ~ ~ 0 '" u f-o c- 3 ,,~ co. z'" .. E ,,- ~ co~ <0"" ......... ......... ......... ... ... ... ...... ...... ...... .. u E:o:> tl - E--<::<: @I@1@1 @I@1@1 @I@1@1 @I @I @I @I@1 @I@1 @I@ ~ . .. 0 z:t:: ~O ~ ~~fi c . ::;06 '851 ~ ;1:'" g 'C ~ . "6: ~ . u~~ > c.._ c <,,- cou ~ ... ~~ tl .. f-<z.9 .. 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ZQOO zo zo z Zoo ... ... :: 'O~ ~ ~ c:z: zooo zooo - zo -< Zoo zoo 0 ~ z ll.c .1J 0 ~ tl tl II II tl tl ~ ~ u " 8 - ..i f-o '&>" g '" u u -< u u u u ~e '0 z <= <= <= =: <= <= <= =: <= lEi <= -< . -< ~ ~ ~ ~ ~ ~ ~ ~ ::E c "'co <il 0 0 0 f-o 0 0 0 ... 0 0 0 z~ co uC Vi 1=:;"::: ".- ",. <::i: - ... .., .,. '" ...","'---" 04l~4/92 16: 56 '5'503 378 8445 TRAFFIC SAFETY 19jr-'l IN1ERGOVERNMENTAL AGREEMENT Agreement Number HB928502189 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 Division, hereafter called Division, and Woodburn Police Department hereafter called Agency. I. RECITALS A. PURPOSE The principal purpose of this agreement is to provide instrUctor training on safety belt and IIIOtorcyC1e helmet enfoo:;ement to selected law enfOlCement officers. enabling them to train other officers throughout the state of Oregon on enforcement techniques and public relations. B. AlITHORITY 1. By the authority granted in 802.300-340, the Division may enter into contraCts and agreements for the perfOllI1al1ce of functions and activities to promote highway safety. 2. By the authority granted in ORS 190. the State can enter into inrergovemmental agreements. C. BENEFITS Law enforcement officers will become instructor trainers and provide safety belt and motorcycle helmet enforcement training to officers throughout the state of Oregon. II. PROJECT MANAGEMENT PLAN A. pMSJON OBliGATIONS Division agrees to reimburse the Agency up to a maximum of $675.00 upon completion of work as described under ll.B. Agency Obligations. Division shall pay monthly billings received by Agency within 30 days if received by Division on or before the 10th of the month following the billing period. _,,~.....,.___.,__.,,_,.__u._....___,_".~......_'m'_'_'_"__h.._.,,_._'''__ 04/24/92 16: 56 '8503 378 8445 TRAl'F1C SAFET\ ~[1f''' Agreement Number HB928S02189 4/24/92 Page 2 B. AGF.NCYOBIJGATIONS The following assignments will be performed between April 29 and July 15, 1992. The agency agrees: 1. One officer will attend and complete an instructor training class at Board on Police Safety Standards and Training (BPSST) for safety belt and motorcycle helmet enforcement on April 29, 1992 entitled ''TSD Safety Belt Enforcement" Officer selected to attend training is subject to approval of the Division. 2. After completion of instruction, the officer will train at least five classes on safety belt and motoICyc1e helmet enforcement Each training class conducted will be two hours in length and cover the same curriculum as presented in the BPSST training. 3. Classes will be conducted throughout the State. Locations selected will be approved by the Division. 4. Agency will submit to the Division a monthly listing of classes taught - date, location, and number of stUdents trained. (See Attachment A) 5. Reimbursement Agreement Agency shall submit monthly billings to the Division 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 TSD reporting form (Attachment A), indicate billing period, overtime hoursfrate of pay, travel expenses (if any) and be signed by the contraeting official. 6. Allowable charges to contract funds include: a. Overtime pay for attending and completing an instructor training class at BPSST on April 29, 1992. b. Overtime pay for conducting five training classes between May 1, 1992 and July 15, 1992. c. Mileage and meals associated with attending instructor training class on April 29, 1992. d. Mileage associated with conducting local training classes. Cost records and accounts pertaining to the work covered by this agreement shall be kept available for inspection by representatives of the Division for a period of three (3) years following date of final payment. Copies of such records shall be made available upon request. ~_. .._.,-_..t"-_.-"T"~'-'~-""'-'._-~' _. -------->---'...~~...._..~---., U4/Z4/M4::: Ib:;:,{ 'O'vU') ,j (O tHe'!;) 11"\:\1't'1lv ;:):\1'/.:.11 Il1J 004 Agreement Number HB928502189 4{24192 Page 3 C. KEY OFFICIALS 1. Wood bum Police Department 270 Montgomery Street Woodbum, Oregon 97071 Telephone number 982-2345 CONTAcr: Fax Number 982-2370 2. Traffic Safety Division 400 State library Building Salem, Oregon 97310 Telephone Number 378-3669 or 1-800-922-2022 CONTAcr: Geri PllIker Ill. GENERAL PROVISIONS A. TRRMINATION This agreement can be term;n~tffl at any time with two (2) weeks written notice by either party. B. STATE WORKERS' COMPENSATION ACf The Agency, its subcontraCtors, if any, and all employers worldng 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. INDHMNITY Subject to Ihe limitations of Ihe Oregon Constitution and statUteS, Agency and Division each shall be solely responsible for any loss or injury caused to third parties arising from ContraCtor'S or Division's own acts or omissions under this agreement and Agency or Division shall defend, hold harmless and indemnify the other party to this agreement with respect to any claims, litigation or liability arising from Contractor's or Division'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 Ihe aulhority of Section 402, Tide 23, United StateS Code, and is subject to the ~omini~trati.ve regulations established by Federal guidelines including Circulars A-87 and A-102, are are hereby incorporated by reference with the same force and effect as if they were given in full tex.t , -~,.,.~..t--".....,..~, .. ___.H..'._"._.__....__._.__-....__._ -->._._'---~ U'l/':::'"i/~':; 10:<.)0 .U'<)u,) ,) I 0 0'i"iJ 11\:1.l'l' IG ;).--..t-l"J 1 lflJ UUb . . Agreement Number HB928502189 4!24/92 Page 4 IV. APPROV AL The Oregon Transportation Commi~sion, by a duly adopted delegation order, GTC number 36 (September 17, 1991) authorized the Traffic Safety Division Administrator or by subdelegation to the Assistant p.tlrnln;.trator of Office and Personnel Services to act in its behalf in approving and executing this agreement Approval was given by the Oregon Transportation Commission on March 17, 1992 to proceed with the program established by the Traffic Safety Division for expenditure of Section 153 Incentive Grant funds received from the National Highway Traffic Safety Anministration. A portion of these funds will finance the cost of this agreement. IN WITNESS WHEREOF. the parties hereto have set heir hands and affixed their seals as of the day and year hereinafter written. V . SIGNATURES AGENCY STATE OF OREGON, by and through its Department of Transportation, Traffic Safety Division Woodburn Police Department By Ed Marges, A<;lmini.trator Date By Ken Wright, Chief of Police Date ~~." 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