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HomeMy WebLinkAbout1993-129 Agrmt-Seat Belt/HelmetDecember 8, 1993 DEPARTMENT OF TRANSPORTATION TRANSPORTATION SAFETY TO: Law Enforcement Agency FILE CODE: Enclosed is the Intergovernmental Agreement for the Safety Belt/Motomycle Helmet Overtime Enforcement Program beginning immediately and continuing through September 30, 1994. Please note the two separate enforcement time periods under this agreement: December 1993 through February 1994, and May 1994 through September 1994. The National Highway Traffic Safety Administration rules for this third and final year of participation in this program require an increase from 50% match (required during FY 93) to 75% match (straight-time enforcement of three times the overtime amount). Straight time should be counted continuously from the beginning of the contract in December 1993 through September 1994. An additional $2,000 has been added to your Intergovernmental Agreement to allow you to participate in the new "Three Flags" International Safety Belt Campaign. The funds can be used for overtime enforcement, safety belt surveys and public information materials. Enclosed is information which explains the "Three Flags" Program. We hope you will join other law enforcement agencies in supporting this program. If your agency cannot participate, please notify us as soon as possible so that we can reduce your Interagency Agreement amount by the $2,000 indicated. If you have any questions regarding this information, please contact Mr. Richard Verbeck at 362-0148. We look forward to your on-going participation. Sincerely, Ed Marges Manager Enclosures 400 State Library Building Salem, Oregon 97310-1349 (303) 378-3669 1-800-922-2022 FAX (303) 378-8445 October 22, 1993 DEPARTMENT OF TRANSPORTATION TRAFFIC SAFI~TY FILE CODE: Dear Colleague: Now that the summer Safety Belt and Motorcycle Helmet Overtime Enforcement Program is over, we are planning for new programs this fall and in the summer of 1994. We plan on signing Interagency Agreements for a continuation of the program from November 1993 through January 1994, and May through September 1994. There will be one grant for the entire pedod, November of 1993 through September 1994. We will continue to fund projects from $3,000 to $10,000 and the requirements for participation will be the same as the 1993 program. At this time, these funds are being offered only to agencies, such as yours, who participated in the 1993 program. We will be announcing the project to all law enforcement agencies later this year. If you wish consideration for the 93-94 program, please complete the attached application and forward it to us by November 10, 1993. Sincerely, Ed Marges Manager Enclosure 400 State Library Building Salem Oregon 97310 (503) 378-3069 1-800-922-2022 FAX (503) 378-8445 THREE FLAGS INTERNATIONAL SAFETY BELT CAMPAIGN The States of Oregon and Washington and the Province of British Columbia have joined forces in a new initiative to increase safety belt use. The program is patterned after the successful uCanadian Experience" which utilized enforcement blitzes to increase belt use to over 90% in several provinces. The "Three Flags" Program will concentrate on the cities and counties adjoining Interstate 5, Interstate 205, and Highway 97. There will be three enforcement blitz periods: February 11-20; July 1-10; and September 30-October 9. These time periods correspond with and will complement the National Child Passenger Safety Awareness Week (February 13-19); Independence Day (Canada July 1 and United States July 4); and British Columbia's designated safety belt awareness period (September 30- October 9). Each blitz will be preceded by media releases (we will provide suggested releases that you can personalize) and pre-enforcement safety belt compliance surveys. After the 10-day blitz, there will be post-enforcement surveys and information to the media regarding results. A meeting of all participating law enforcement agencies will be held in Eugene the second week of January to discuss the plans for the February Blitz and to coordinate activities. INrI'ERGOVERNMENTAL AGREEMENT Department Contract # HB948503343 ODOT Contract #12,291 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 Depax tment, and Ashland Police Depamnent hereafter called Agency. I. RECITALS A. PURPOSE The principal purpose of this agreement is to supplement the enfomement of traffic laws throughout Oregon, especially laws for safety belts and motorcycle helmets, by providing extra overtime funds. Il. B. AUTHORITY 1. By the authority granted in 802.300-340, the Depa~u~ent 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 December 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, 1994. PROJECT MANAGEMENT PLAN A. DEPARTMENT OBLIGATIONS Deparlment agrees to pay Agency not to exceed the sum of $5,000 upon completion of work as described under ll.B. ~gq, llg.~Q'~gl~. 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. Intergovernmental Agreement # HB948503343 ODOT # 12,291 12/13/93 Page 2 B. AGENCY OBLIGATIONS The following assignments will be performed during effective contract dates. To provide overtime traffic enforcement, with an emphasis on safety belt and motorcycle helmet violations for the periods of December 1993 through February 1994; and May 1994 through September 1994. All officers receiving overtime pay must have attended the two hour training course "TSD Safety Belt Enfomement" 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 Deparlment of time and place. Agency is responsible for training time of officers participating in. the overtime enforeemem program. Officers will be permitted and encouraged to issue multiple citations to chivers who have committed several violations. Example, "exceeding maximum speed" and "failure to wear safety belt." o 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. Agency will report quarterly to the Depaxtment listing traffic enforcement activity during the overtime patrols and listing traffic enforcement activity on regular non-overtime patrol. (See Attachment A for information required.) 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 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 (Reporting/Billing periods: December-February; May-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. Intergovernmental Agreement # HB948503343 ODOT # 12,291 12/13/93 Page 3 The Depaxhnent will not be able to honor Claim~ for Reimbm'sement received after November 5, 1994. 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. 10. Allowable charges under this agreement to contract funds include: ao 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! ~t~', '. -r',~, l_ 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 propose 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. Ashland Police Dep~uh~aent Sgt. Randal Pryor 1155 East Main Sheet Ashland, Oregon 97520 (503)482-5211 2. Transportation Safety Section 400 State Library Building Salem, Oregon 97310 Telephone Number 378-3669 or 1-800-922-2022 CONTACT: Geri Parker III. GENERAL PROVISIONS This agreement can be terminated at any time with two (2) weeks written notice by either party in writing. Intergovernmental Agreement # HB948503343 ODOT # 12,291 12/13/93 Page 4 B. STATE WORKERS' COMPENSATION ACT 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. 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 Depm tment's own acts or omissions under this agreement and Agency or Depa,anent shall defend, hold harmless ,and indemnify the other party to this agreement M~ respect to any claims, litigation or liability arising from Agency's or Department's own acts or omissions under this agreemem. 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-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. APPROVAL The Fiscal Year 1994 Highway Safety Plan was approved by the Oregon Transportation Commission on July 21, 1993. At that time the Manager was authorized and direc~l 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 (Type or p~t n~e ~d title) Date /~. ~2~ 7~ STATE OF OREGON, by and through its Deparm~ent of Transportation, Transportation Safety Section a/ges Date /'Z,,./'Z -~..,./7~' ZZ © Z~ INTERGOVERNMENTAL AGReeMENT Agreement Number HB938503271 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 ASHLAND 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. II. B. AUTHORrrY 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 intergovemmental 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 DI. JRATION 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. PROJECT MANAGEMENT PLAN A. DEPARTMENT OBLIGATIONS Deparunent agrees to pay Agency not to exceed the sum of $3,000 upon completion of work as described under ll.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. Intergovernmental Agreement HB938503271 2/26/93 Page 2 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. 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 beginrfing 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. o 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." 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. 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.) 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. Intergovernmental Agreement liB938503271 2/26/93 Page 3 10. Allowable charges under this agreement to contract funds include: 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 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 Deparhnent. C. KEY OFFICIALS 1. ASHLAND POLICE DEPARTMENT Agency SERGEANT RANDAL PRYOR Contact Nme 1155 EAST MAIN STREET ASHLAND, OR 97520 (503) 482-5211 Telephone number 2. Traffic Safety Section 400 State Library Building Salem, Oregon 973 I0 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. Intergovernmental Agreement HB938503271 2/26/93 Page 4 B. STATE WORKERS' COMPENSATION ACT 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 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. D. FEDERAL REGULATIONS It is understood and agreed that the activity covered in this Agreement is undertaken under the authority of Section 402, Tide 23, United States Code, and is subject to the administrative regulations established by Federal guidelines including Circulars A-87 and A-102, and are hereby incorporated by reference with the same fome 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 Commission 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 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 (agency) (T~ or print nme ~d title) STATE OF OREGON, by and through its Department of Transportation, Traffic Safety Section Ed Maries, ~fiage~ Date (/~TF.~