ODOT - work zone IGA 35217_Tigard - June 2021 - August 2026 Misc. Contracts and Agreements
No. 35217
A163-G052021
MASTER AGREEMENT FOR SERVICES
Intergovernmental Agreement
Traffic Patrol and Law Enforcement for Work Zones
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State" or
"ODOT," and the City of Tigard, acting by and through its elected officials, hereinafter
referred to as "Agency," both herein referred to individually as "Party" and collectively as
"Parties."
RECITALS
1. By the authority granted in Oregon Revised Statutes (ORS) 190.110, state agencies
may enter into agreements with units of local government for the performance of any
or all functions and activities that a party to the agreement, its officers, or agents have
the authority to perform.
2. The State is authorized by ORS 366.400 to enter into all contracts deemed necessary
for the construction, maintenance, operation, improvement or betterment of highways.
3. The use of traffic patrol and law enforcement in work zones has been proven to increase
public safety as it encourages driver compliance with the laws that keep both motorists
and workers safe in the work zone. The purpose of this agreement is to provide law
enforcement at individual ODOT construction projects. The construction projects will
have budgets that support Work Orders to law enforcement agencies to provide officers
in ODOT work zones.
The Parties therefore agree as follows:
TERMS OF AGREEMENT
1. Project.
Under such authority, State wishes to retain the services of Agency to perform Traffic
Patrol and Law Enforcement for Work Zones, as described in Exhibit A, hereinafter
referred to as "Project."
2. Funding.
Payment by ODOT for the Project shall not exceed a total amount of $ 400,000.00 in
state and federal funds, for all work orders combined.
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3. Exhibits Attached and Incorporated.
This Agreement includes the following exhibits, each of which is attached and
incorporated into this Agreement by reference:
• Exhibit TCD —Terms, Conditions and Definitions
• Exhibit A— Statement of Work and Delivery Schedule
• Exhibit B — Compensation & Payment Provisions
• Exhibit C —Contact Information
• Exhibit D —Americans with Disabilities Act (ADA) Compliance
• Exhibit E —Work Order Authorization (WOA)
4. Federal Funds.
a. ODOT considers Agency to be a vendor under this Agreement. The Catalog of
Federal Domestic Assistance (CFDA) number for this Project is 20.205, title
Highway Planning and Construction, although any federal funds received under this
Agreement should not be reported as pass-throughs of federal funds to
subrecipients in any audit report.
b. Agency, as a recipient of federal funds, pursuant to this Agreement with ODOT, shall
assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon
Agency's breach of any such conditions that requires ODOT to return funds to the
Federal Highway Administration, reimburse ODOT for an amount equal to the funds
received under this Agreement; or if legal limitations apply to the ability of Agency
to reimburse ODOT, the reimbursement amount shall be the maximum amount of
funds available for expenditure, including any available contingency funds or other
available non-appropriated funds, up to the amount received under this Agreement.
5. Work Order Authorizations
Agency services must be requested in the form of a written WOA from ODOT,
attached as Exhibit E and by this reference made a part hereof. Each WOA that is
issued pursuant to this Agreement becomes a part of this Agreement. Both Parties
shall execute a WOA before work begins. The WOA must contain estimated
beginning and ending dates for the specific work.
6. Order of Precedence.
Unless a different order is required by law, this Agreement shall be interpreted in the
following order of precedence:
1) This Agreement (including all amendments, if any) less all Exhibits, attachments
and other documents and information incorporated into this Agreement,
2) Exhibit TCD,
3) Exhibit A, the Statement of Work,
4) All other Exhibits,
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5) Any other attachments,
6) Any documents/information incorporated into this Agreement by reference.
This provision survives termination of the Agreement.
7. Term of Agreement; Effective Date. The term of this Agreement begins on the date
all required signatures are obtained and terminates on August 31, 2026, on which date
this Agreement automatically terminates unless extended by a fully executed
amendment.
8. Termination. This Agreement may be terminated by mutual written consent of all
Parties.
a. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
i. If Agency fails to provide the services called for by this Agreement within
the time specified herein or any extension thereof.
ii. If Agency fails to perform any of the other provisions of this Agreement,
and after receipt of written notice from State fails to correct such failures
within ten (10) days or such longer period as State may authorize.
iii. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to fund its obligations
for performance of this Agreement.
iv. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or if State is prohibited from paying for such services from
the planned funding source.
b. Any termination of this Agreement shall not extinguish or prejudice any rights or
obligations accrued to the Parties prior to termination.
c. Upon receiving a notice of termination of this Agreement, Agency shall immediately
cease all activities under this Agreement, unless State expressly directs otherwise
in such notice.
9. Certification. Each Party certifies and represents that the individual(s) signing this
Agreement has been authorized to enter into and execute this Agreement on its behalf,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind that Party.
10.No Substitutions or Assignments. Agency shall not assign, delegate or otherwise
transfer any of its rights or obligations under this Agreement. This Agreement is binding
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upon and inures to the benefit of each of the Parties, and, except as otherwise provided,
their permitted legal successors.
11.No Third Party Beneficiaries. Agency and State are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives,
is intended to give, or shall be construed to give or provide any benefit or right, whether
directly, indirectly or otherwise, to third persons unless such third persons are
individually identified by name herein and expressly described as intended beneficiaries
of the terms of this Agreement. This provision survives termination of the Agreement.
12.Waiver; Amendment. No waiver, consent, modification or change of terms of this
Agreement shall bind either Party unless in writing and signed by both Parties and all
necessary approvals have been obtained. Such waiver, consent, modification or
change, if made, shall be effective only in the specific instance and for the specific
purpose given. The failure of State to enforce any provision of this Agreement shall not
constitute a waiver by State of that or any other provision. This provision survives
termination of the Agreement.
13.Notice. Except as otherwise expressly provided in this Agreement, all notices to be
given relating to this Agreement must be given in writing by email, personal delivery, or
postage prepaid mail, to a Party's Project Manager at the physical address or email
address set forth in Exhibit C, or to such other addresses as either Party may indicate
pursuant to this paragraph. Any notice so addressed and mailed becomes effective five
(5) days after mailing. Any notice given by personal delivery becomes effective when
actually delivered. Any notice given by email becomes effective when the sender
receives confirmation of receipt from the recipient (not an auto-reply). Except as set
forth above in this paragraph, the Parties may agree to provide operational notices such
as delivery, acceptance or rejection of services or deliverables by email as may be
mutually agreed in Exhibit A.
14.Severability. The Parties agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be
affected, and the rights and obligations of the Parties shall be construed and enforced
as if the Agreement did not contain the particular term or provision held to be invalid.
This provision survives termination of the Agreement.
15.Counterparts. This Agreement may be executed in several counterparts all of which
when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Agreement so executed shall constitute an original.
16.Integration. This Agreement and attached exhibits constitute the entire agreement
between the Parties on the subject matter hereof. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this
Agreement.
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17.Electronic Signatures. The Parties agree that signatures showing on PDF
documents, including but not limited to PDF copies of the Agreement and any
amendments or WOAs, submitted or exchanged via email are "Electronic Signatures"
under ORS Chapter 84 and bind the signing Party and are intended to be and can be
relied upon by the Parties. State reserves the right at any time to require the submission
of the hard copy originals of any documents.
18.ODOT anticipates the Services identified in individual Work Order Authorizations to be in
the 2021-2024 Statewide Transportation Improvement Program (STIP), that was adopted
by the Oregon Transportation Commission in July 15, 2020 (or subsequently by
amendment to the STIP). The STIP Key number(s)will be project specific and determined
with each Work Order Authorization.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
CITY OF TIGA STATE OF OREGON, by and through
�-� its Depart eafety
r o 'on
By
G-21-21 By
Date Troy Cos al Division Administrator
Date71 1iyl Zd Z (
By APPROVAL RECOMMENDED
Date By Vjjll--�II-�—
Safety Section Manager or Designee
Date 6-22-21
LEGAL REVIEW APPROVAL (If required
in Agency's process) APPROVED AS TO LEGAL
By � SUFFICIENCY
Agency Counsel By Jennifer O'Brien
Assistant Attorney General (If Over
Date 6:1612021 $150,000)
Date via email dated, June 14, 2021
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EXHIBIT TCD — TERMS, CONDITIONS AND DEFINITIONS
THIRD PARTY CLAIMS: The following paragraphs 1 through 4 shall survive termination
of the Agreement.
1. If any third party makes any claim or brings any action, suit or proceeding alleging a tort
as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or
Agency with respect to which the other Party may have liability, the notified Party must
promptly notify the other Party in writing of the Third Party Claim and deliver to the other
Party a copy of the claim, process, and all legal pleadings with respect to the Third
Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim,
and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party
of the notice and copies required in this paragraph and meaningful opportunity for the
Party to participate in the investigation, defense and settlement of the Third Party Claim
with counsel of its own choosing are conditions precedent to that Party's liability with
respect to the Third Party Claim.
2. With respect to a Third Party Claim for which State is jointly liable with Agency (or would
be if joined in the Third Party Claim), State shall contribute to the amount of expenses
(including attorneys' fees), judgments, fines and amounts paid in settlement actually
and reasonably incurred and paid or payable by Agency in such proportion as is
appropriate to reflect the relative fault of State on the one hand and of Agency on the
other hand in connection with the events which resulted in such expenses, judgments,
fines or settlement amounts, as well as any other relevant equitable considerations.
The relative fault of State on the one hand and of Agency on the other hand shall be
determined by reference to, among other things, the Parties' relative intent, knowledge,
access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines or settlement amounts. State's contribution amount
in any instance is capped to the same extent it would have been capped under Oregon
law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole
liability in the proceeding.
3. With respect to a Third Party Claim for which Agency is jointly liable with State (or would
be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses
(including attorneys' fees), judgments, fines and amounts paid in settlement actually
and reasonably incurred and paid or payable by State in such proportion as is
appropriate to reflect the relative fault of Agency on the one hand and of State on the
other hand in connection with the events which resulted in such expenses, judgments,
fines or settlement amounts, as well as any other relevant equitable considerations.
The relative fault of Agency on the one hand and of State on the other hand shall be
determined by reference to, among other things, the Parties' relative intent, knowledge,
access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines or settlement amounts. Agency's contribution
amount in any instance is capped to the same extent it would have been capped under
Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole
liability in the proceeding.
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4. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
RECORDS
The Parties acknowledge and agree that State, the Oregon Secretary of State's Office, the
federal government, and their duly authorized representatives shall have access to the
books, documents, papers, and records of the Parties which are directly pertinent to the
specific Agreement for the purpose of making audit, examination, excerpts, and transcripts
for a period of six (6) years after completion of the Project and final payment. Copies of
applicable records shall be made available upon request. Payment for costs of copies is
reimbursable by the requesting party. This provision survives termination of the Agreement.
INDEPENDENT CONTRACTOR; EMPLOYMENT COSTS
1. Agency shall perform the services under this Agreement as an independent contractor
and shall be exclusively responsible for all costs and expenses related to its
employment of individuals to perform the work under this Agreement including, but not
limited to, retirement contributions, workers compensation, unemployment taxes, and
state and federal income tax withholdings.
2. State reserves the right (i) to determine and modify the delivery schedule for the
services and (ii) to evaluate the quality of the services; however, State may not and will
not control the means or manner of Agency's performance. Agency is responsible for
determining the appropriate means and manner of performing the services.
3. Agency understands and agrees that it is not an "officer," "employee," or "agent" of the
State of Oregon, as those terms are used in ORS 30.265 or otherwise.
WORKERS COMP
All employers, including the Agency and Agency's contractors, if any, that employ subject
workers, as defined in ORS 656.027, who work under this Agreement in the State of
Oregon shall comply with ORS 656.017 and shall provide the required Workers'
Compensation Insurance coverage, unless such employers are exempt under ORS
656.126(2). The coverage shall include Employer's Liability Insurance with coverage limits
of not less than $500,000 for each accident. Agency shall ensure that each of its
contractors complies with these requirements.
SUBCONTRACTS
Agency shall not enter into any subcontracts for any of the work scheduled under this
Agreement.
GOVERNING LAW; VENUE; CONSENT TO JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the
State of Oregon, without regard to principles of conflicts of laws. Any claim, action, suit or
proceeding (collectively, "Claim") between the State and Agency that arises from or relates
to the Agreement shall be brought and conducted solely and exclusively within the Circuit
Court of Marion County for the State of Oregon; provided, however, if a Claim must be
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brought in a federal forum, then unless otherwise prohibited by law, it shall be brought and
conducted solely and exclusively within the United States District Court for the District of
Oregon. AGENCY HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF
SAID COURTS AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS, AND
WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM. Nothing
herein shall be construed as a waiver of the State's sovereign or governmental immunity,
whether derived from the Eleventh Amendment to the United States Constitution or
otherwise, or of any defenses to Claims or jurisdiction based thereon. This provision
survives termination of the Agreement.
COMPLIANCE WITH LAW
Agency shall comply with all federal, state, and local laws, regulations, executive orders
and ordinances applicable to the work under this Agreement, including, without limitation,
the provisions of ORS 2798.220, 279B.225, 279B.230, 279B.235 and 2798.270
incorporated herein by reference and made a part hereof. Without limiting the generality
of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of
1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990, as amended, and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations.
NON-APPROPRIATION
The State of Oregon's payment obligations under this Agreement are conditioned upon
ODOT's receiving funding, appropriations, limitations, allotments, or other expenditure
authority sufficient to allow ODOT, in the exercise of its reasonable administrative
discretion, to meet its payment obligations under this Agreement. Agency is not entitled to
receive payment under this Agreement from any part of Oregon state government other
than ODOT. Nothing in this Agreement is to be construed as permitting any violation of
Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or
monetary obligations of the State of Oregon. This provision survives termination of the
Agreement.
REMEDIES
1. Agency default.
a. In the event Agency is in default under this Agreement, ODOT may, at its option,
pursue any or all of the remedies available to it under this Agreement and at law or
in equity, including, but not limited to: (i) termination of this Agreement, (ii)
reducing or withholding payment for work or deliverables that Agency has failed to
deliver within any scheduled completion dates or has performed inadequately or
defectively, (iii) initiation of an action or proceeding for damages, specific
performance, or declaratory or injunctive relief, including for interest within the
limits of ORS 293.462, and (iv) exercise of its right of recovery of overpayments
under this Agreement or setoff, or both.
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b. These remedies are cumulative to the extent the remedies are not inconsistent,
and ODOT may pursue any remedy or remedies singly, collectively, successively
or in any order whatsoever.
2. ODOT default.
a. In the event ODOT is in default under this Agreement or in the event ODOT
terminates this Agreement, Agency's sole remedy will be a claim for unpaid
invoices for work completed according to the requirements and acceptance criteria
of this Agreement and for authorized expenses incurred and interest within the
limits of ORS 293.462, less any claims ODOT has against Agency,
b. In no event will ODOT be liable to Agency for any expenses related to termination
of this Agreement, including attorney fees. If previous amounts paid to Agency
exceed the amount due to Agency, Agency shall promptly pay any excess to
ODOT.
3. The rights and remedies set forth in this Agreement are not intended to be exhaustive
and the exercise by either Party of any right or remedy does not preclude the exercise
of any other rights or remedies at law or in equity.
4. This provision survives termination of the Agreement.
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EXHIBIT A
STATEMENT OF WORK (SOW) AND DELIVERABLE SCHEDULE
PROJECT: Traffic Patrol and Law Enforcement for Work Zones
ACRONYMS AND DEFINITIONS
Active In Zone Providing enforcement by contact in the work zone area for the purposes of work
zone safety.
Active Out of Zone While performing the Services an Agency officer is called away from the work
zone or dispatched by Agency for duties apart from the Services.
business days calendar days, excluding Saturdays, Sundays and all State recognized holidays
calendar days Any day appearing on the calendar, whether a weekday, weekend day, national
holiday, State holiday or other day.
Commute The time required by an Agency officer to travel to the work zone to perform the
Services.
DAS Oregon Department of Administrative Services
days calendar days
FHWA Federal Highway Administration
MP Mile Point
Non-Active Agency officer is present in the work zone area or assisting ODOT in traffic control
operations, but is not engaged in Active In Zone or Active Out of Zone
enforcement and does not engage enforcement by contact.
OAR Oregon Administrative Rule
ODOT Oregon Department of Transportation
ORS Oregon Revised Statute
PDF Portable Document Format
Scope of Work The general character and range of Services and supplies needed, the work's
purpose and objectives, and an overview of the performance outcomes expected
by Agency.
Services The services to be performed under this Agreement.
SFMS State Financial Management System
SOW Statement of Work; the specific provisions in the final Agreement which sets forth
and defines in detail (within the identified Scope of Work)the agreed-upon
objectives, expectations, performance standards, Services, deliverables, schedule
for delivery and other obligations.
STIP Statewide Transportation Improvement Program
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Work Order Instrument issued by ODOT substantially in the form of Exhibit E to request
Authorization uniformed Agency officers, vehicles and associated equipment to provide law
(WOA) enforcement and assist ODOT in traffic control operations in ODOT work zone(s).
PROJECT DESCRIPTION and OVERVIEW of SERVICES
Agency shall provide all Services included in this SOW on an as-needed basis as further
defined in executed Work Order Authorizations. "Services" are defined in Agency
Obligations, Paragraph 1 of this SOW. Agency shall provide all labor, equipment and
materials to manage, coordinate, and complete the Services.
1. The use of Agency traffic patrol and law enforcement in ODOT work zones has been
proven to increase public safety by encouraging driver compliance, improving worker
safety and the traffic movement. Agency shall provide traffic patrol and law
enforcement in work zones where project work may disrupt the flow of traffic and
increase the risk of hazards to roadway workers. The need for Agency assistance in a
work zone is considered, determined and implemented by ODOT.
2. Agency law enforcement is not a replacement for effective work zone strategies and
traffic control devices. However it can be an effective enhancement that provides
enforcement emphasis or other specific assistance duties when other measures are
not practical or effective. Active enforcement of traffic laws in operating work zones is
an effective strategy for achieving driver attention and compliance.
3. A WOA substantially in the form of Exhibit E, issued by ODOT, to request uniformed
Agency officers, vehicles and associated equipment to provide law enforcement and
assist ODOT in traffic control operations in ODOT work zone(s), is needed to request
Agency enforcement Services. ODOT will determine how often to utilize Agency
Services to provide adequate driver compliance, and may use Agency Services in
multiple work zones.
4. While performing the Services, Agency's vehicle should be located just before or just
beyond the project work area since it can be difficult and potentially hazardous to pull
over vehicles within the work area limits. Agency shall coordinate with onsite ODOT
personnel as part of this strategy.
5. Federal funds and state funds are used for reimbursement of work zone law
enforcement activities. Task 1 will be selected by ODOT in the WOA if federal funds
are available, and Task 2 will be selected if only state funds are available. In order to
ensure the correct funds are allocated, Agency shall track and report on the hours
applied to each type of enforcement while performing the Services. . apart from the
work zone activities ("Active Out of Zone"). An Active Out of Zone occurrence is
possible, and Agency shall track this time while performing the Services . If Agency
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activities are not directly related to the Services, the costs incurred shall be covered
by Agency.
STATE RESPONSIBILITIES
1. ODOT will issue a WOA to Agency under the terms of this Agreement, substantially
in the form of Exhibit E of this Agreement.
2. The ODOT contact information for each WOA will be provided in each individual
issued WOA. At the beginning of each WOA the ODOT contact will meet with Agency
to determine communication methods, and to discuss Agency tasks and schedule for
the work operation.
AGENCY RESPONSIBILITIES
1. Consistent with all requirements of this SOW, Agency shall provide law enforcement
and assist ODOT in traffic control operations including completing all tasks and
deliverables ("Services"), when requested by ODOT through an executed WOA.
Services may include, but are not limited to, the following:
a. work zone traffic enforcement;
b. rolling slowdowns;
c. flagging;
d. controlling pedestrians, spectators and participants;
e. controlling signalized intersections;
f. controlling traffic in restricted lane situations; and
g. providing support during ramp, lane or road closures.
2. Agency shall furnish uniformed Agency officers, vehicles and associated equipment to
provide the Services.
3. Agency shall perform Services in a manner consistent with Agency policy and
regulations, applicable state and local laws, and the Constitutions of the State of
Oregon and the United States. Agency officers shall at all times remain under the sole
direction, management and control of Agency.
4. Agency shall coordinate with ODOT to determine the safest locations for placement of
law enforcement, while also maintaining a visual presence to the public, within the
specified work zone.
TASKS, DELIVERABLES and SCHEDULE
Agency shall complete all tasks and provide all deliverables included in this SOW and
individual WOAs. Agency shall provide all labor, equipment and materials to manage,
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coordinate, and complete the Services in accordance with the performance and delivery
schedules identified in this SOW and individual WOAs. Agency shall provide a report with
the total hours of Services provided and a breakdown of hours by enforcement type
(Non-Active, Active In Zone, or Commute), with each invoice as stated in Exhibit B.
Task 1: Traffic Patrol and Law Enforcement
Agency shall provide uniformed Agency officer(s), vehicle(s) and associated
equipment to provide law enforcement and assist ODOT in traffic control operations
as specified in individual WOAs issued by ODOT. Agency Services must be provided
during the hours as stated in the individual WOAs. Under this task, ODOT will not
reimburse Agency for Active Out of Zone enforcement.
Deliverable 1.1: traffic patrol and law enforcement
Schedule: Hourly Work during date(s) and time(s) specified in individual WOAs
Task 2: Officer Presence
Agency shall provide uniformed Agency officer(s), vehicle(s) and associated
equipment to provide law enforcement presence and assist ODOT in traffic control
operations as specified in individual WOAs issued by ODOT. The Work must be
provided during the hours as stated in individual WOAs. Under this task, ODOT will
not reimburse Agency for Active In Zone or Active Out of Zone enforcement.
Deliverable 2.1: law enforcement presence
Schedule: Hourly Work during date(s) and time(s) specified in individual WOAs
Eligible Reimbursement b Enforcement Type:
Non- Commute Active In Active Out of
Active Zone Zone
Task 1 federal funds Yes Yes Yes No
Task 2 state funds only) Yes Yes No No
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EXHIBIT B - COMPENSATION AND PAYMENT PROVISIONS
AGENCY OBLIGATIONS
1. Agency shall present invoices for 100 percent of Eligible Costs incurred by Agency on
behalf of the individual WOAs directly to ODOT's Regional Transportation Safety
Coordinator ("Region TSC") for review and approval. The Region TSC contact
information and billing address will be included in the WOA. Under no conditions shall
State's obligations exceed the maximum amount identified in Terms of Agreement
Paragraph 2.
2. ODOT pays invoices from more than one fund. Federal funds and state funds are
used and must be applied to the appropriate type of enforcement in order to maintain
compliance with federal and state law. In order to ensure the correct funds are
allocated, Agency shall track and report on the hours applied to each type of
enforcement (Non-Active, Active In Zone, or Commute) while performing the Services.
3. Such invoices shall be in a form identifying the Project and agreement number, and
shall itemize and explain all expenses for which reimbursement is claimed. Invoices
shall be presented for periods of not less than one month duration, based on actual
expenses incurred. Agency may submit monthly invoices for a WOA with a duration of
more than 30 days. Agency shall submit a final invoice for each WOA within 60 days
of completing the Services under the WOA. If Agency fails to present a final invoice
within 60 days of completing the Services under the WOA, Agency hereby waives any
rights to present such invoice thereafter and receive payment therefor.
4. At a minimum, invoices must include:
a. Agreement number;
b. WOA number;
c. construction project name (if applicable);
d. construction project number (if applicable);
e. invoice number, vendor/customer number, date of invoice, and billing period;
f. amount due;
g. description, unit quantity, unit price, subtotal for each reimbursable Service;
h. description of each reimbursable Service including Non-Active, Active In Zone,
or Commute hours to identify the type of enforcement;
i. remit payment information with Agency address and contact phone number;
j. indirect expense rate and amount (if applicable);
k. other expenses charged (if applicable);
I. Usage number for State Financial Management System ("SFMS") Agencies;
m. a separate report with salary and other personnel expense calculations for
current rates ("Sworn Rate Template"); and
n. a separate report with tracked hours including the following categories for
enforcement type:
i. Active In Zone;
ii. Non-Active;
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iii. Active Out of Zone (if any hours to report); and
iv. Commute hours.
5. Eligible Costs are reasonable and necessary actual costs incurred by the Agency in
performance of the Services. Administrative support and operations costs for Agency
are considered part of the Eligible Costs.
6. Travel expenses (such as lodging, meals, per diem rates, etc.) will not be reimbursed.
Commute hours of Agency officers are reimbursable if mutually agreed estimated
Commute hours are stated in the Description of Work section of the WOA. Agency
shall not invoice more than the estimated Commute hours stated in the WOA.
7. Agency certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
Agency's current appropriation or limitation of current biennial budget.
STATE OBLIGATIONS
1. In consideration for the services performed under this Agreement, State agrees to
reimburse Agency for Eligible Costs, including the Agency's current officer hourly
rates at the time the Services are performed, within 45 days of receipt and approval
by State of monthly Project invoices, up to the maximum amount identified in Terms of
Agreement Paragraph 2.
2. The maximum amount identified in Terms of Agreement Paragraph 2 shall include
reimbursement for all Eligible Costs.
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EXHIBIT C — CONTACT INFORMATION
1. The Parties Contact Information is as follows:
a. State's Contact:
ODOT's Project Manager for this Agreement is:
Name: Bill Warner
Address: ODOT-DMV Transportation Safety Office MS-3
4040 Fairview Industrial Dr SE
Salem, Or 97301-1142
Phone: (503) 986-4195
E-mail: William.A.WARNER(cDodot.state.or.us
b. Agency Contacts:
Agency's Project Manager for this Agreement is:
Name: Brad Sitton, Lieutenant
Address: Tigard Police Department
13125 SW Hall Blvd
Tigard, OR 97223
Phone: 503-718-2571
E-mail: FLad.sittona-tigard-or.gov
Agency's Invoice Contact and remit address for payments is (if different than above):
Name: Lisa Shaw, Police Business Manager
Address: Tigard Police Department
13125 SW Hall Blvd
Tigard, OR 97223
Phone: 503-718-2554
E-mail: Lisa.Shaw(cD-tigard-or.gov
2. Either Party may change the Project Manager designation during the term of this Agreement by
promptly sending written notice (e-mail acceptable) to the other Party, with a copy to
InterGovernmental.Agreements(a)odot.state.or.us.
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Agency/State
Agreement No. 35217
EXHIBIT D -Americans with Disabilities Act (ADA) Compliance
1. Agency shall ensure that the Services and all component activities comply with Section
504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, as
amended (together, "ADA").
2. The Parties shall coordinate to ensure that temporary pedestrian routes remain
available through or around any Project work zone. If Agency Services conflict with
temporary pedestrian routes, Agency shall provide ODOT with adequate information to
allow ODOT to: (a) establish a temporary pedestrian route for any work zone resulting
from Agency Services, and (b) provide advance notice of any such temporary
pedestrian route to the public, people with disabilities, and disability organizations.
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EXHIBIT E — WORK ORDER AUTHORIZATION (WOA)
Agreement No. 35217, WOA No.
Under the terms of Agreement No. 35217 between the Oregon Department of Transportation (State or
ODOT) and City of Tigard (Agency) dated which is hereby incorporated by reference, the
following Project work is authorized:
Project Name: Work Order Start Date:
Key(Project) Number: Work Order End Date:
Location of Work: From MP: To MP: ODOT 1 2 3 4 5
Region: ❑ ❑ ❑ ❑ ❑
ODOT Contact Information:
ODOT Regional Transportation Safety Coordinator("Region TSC') contact information (Send Invoice to):
ODOT Work Order contact information (if different than Region TSC):
ODOT onsite work zone contact information (if different than Region TSC):
Agency Contact Information:
Agency Coordinator contact information:
Agency Work Order contact information (if different than Agency Regional Coordinator):
Agency onsite work zone contact information (if different than Agency Regional Coordinator):
Expenditure Account No.: STIP Years: Effective Date:
Effective Date: No Work shall occur until signed by all Parties. ODOT Totals:
A.Amount authorized for this WOA(or"Anticipated Item") $
B.Amount authorized on prior WOAs $
C.Total Amount authorized for all WOAs(A+B=C) $
D. Master Agreement Not-to-Exceed amount $
E.Amount remaining on Agreement(D-C=E) $
SERVICES:
❑ Task 1 Traffic Patrol and Law Enforcement(federal funds)
❑ Task 2 Officer Presence (state funds only)
DESRIPTION OF WORK(special terms and conditions):
[Include the following under this section as applicable: assumptions & expectations; task breakdown showing
the days,times and hours of the Services; estimated hours per day required; estimated number of days
required; mutually agreed estimated Commute hours; location(s) of Work.]
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This WOA and the terms and conditions of the Agreement between ODOT and Agency and any special
terms and conditions included with this WOA constitute the entire agreement between the parties about
the Deliverables. This WOA indicates an estimate of Services and quantities required.
This WOA may be executed in several counterparts (facsimile or otherwise) all of which when taken
together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not
signatories to the same counterpart. Each copy of this WOA so executed shall constitute an original.
ACCEPTANCE OF TERMS AND ACTION APPROVED BY ODOT: I acknowledge and certify that the
work in this WOA is within the scope of work of the original Agreement.
Use the following if STIP Project
This Project is in the 2021-2024 Statewide Transportation Improvement Program (STIP), that was
adopted by the Oregon Transportation Commission on July 15, 2020 (or subsequently by amendment to
the STIP).
Name/Title Date
ACCEPTANCE OF TERMS BY AGENCY:
Name/Title Date
APPROVED AS TO LEGAL SUFFICIENCY:
If Work Order exceeds $150,000 signature required
Asst. Attorney General Date
cc: Agency
ODOT Region TSC
ODOT Work Order contact
ODOT onsite work zone contact
Contacts listed in Exhibit C of the Agreement
ODOT Procurement Office, Agreements
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