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.
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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
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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
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'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.
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04/24/92 16: 56
'8503 378 8445
TRAl'F1C SAFET\
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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.
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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
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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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