State Of Oregon ~ IG184005 ~ IGA Oregon Motor Carrier Safety Action Plan State Of Oregon And City Of Tigard ODOT/City of Tigard
Agreement No. 32937
INTERGOVERNMENTAL AGREEMENT
Oregon Motor Carrier Safety Action Plan
(MCSAP)
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;"
and the City of Tigard, acting by and through its elected officials, hereinafter referred to as
"Agency," both herein referred to individually or collectively as "Party" or"Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (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. Pursuant to ORS 825.248, the Oregon Department of Transportation (ODOT) is
required to develop an annual commercial motor vehicle safety plan, referred to as
the Oregon Motor Carrier Safety Action Plan (MCSAP). The goal of the MCSAP is to
reduce accidents involving commercial motor vehicles (CMV) and to reduce injuries
and fatalities resulting from accidents involving CMVs. On-road vehicle inspections
focusing on conditions that would require the CMV or CMV operator to be taken out
of service can reduce truck-at-fault crashes on Oregon highways. Because the on-
road vehicle inspections would be precipitated by a valid traffic stop of the CMV, the
on-road vehicle inspections may also curb unsafe driving actions of CMV operators
that would be subject to a traffic citation or written warning.
3. By the authority granted in ORS 825.250(2), the Oregon Department of
Transportation (ODOT) may enter into agreements with a county or city to provide
inspections of commercial vehicles, drivers, general cargo or hazardous materials
when the inspections are performed by employees of the Agency or agency who
have been trained and certified by ODOT as a commercial vehicle inspector pursuant
to ORS 810.560.
4. Agency employs individuals who are trained and certified by ODOT as a commercial
vehicle inspector pursuant to ORS 810.560. Agency wishes to have said employees
perform inspections of commercial vehicles, drivers, general cargo or hazardous
materials on behalf of, and at the request of, State.
5. State wishes to enter into an agreement with Agency to facilitate increased
inspection of commercial vehicles, drivers, general cargo or hazardous materials, -
using employees of the Agency who have been trained and certified by ODOT as a
commercial vehicle inspector pursuant to ORS 810.560 in order to enhance highway
safety through uniform commercial motor vehicle inspections conducted statewide.
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NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
DEFINITIONS
1. "Authorized Representative" as defined in ORS 825.250(2), means a city, agency or
state employee who has been trained and certified by Oregon Department of
Transportation (ODOT), as a commercial vehicle inspector, as defined in Oregon
Administrative Rules (OAR) 740-100-0015, and who is employed either by ODOT or by
an agency that has an agreement with ODOT to provide inspections of commercial
vehicles, drivers, general cargo or hazardous materials.
2. "Commercial Motor Vehicle (CMV)" means any self-propelled or towed motor vehicle
used on a highway in commerce to transport passengers or property when the vehicle
has a gross vehicle weight rating or gross combination weight rating, or gross vehicle
weight or gross combination weight of 10,001 pounds or more or is designed or used to
transport more than 8 passengers, including the driver, for compensation or is designed
or used to transport more than 15 passengers, including the driver, and is not used to
transport passengers for compensation or is used in transporting as hazardous material
as defined by the U.S. Department of Transportation under 49 U.S.C. 5103 and
transported in a quantity requiring placarding under regulations found in 49 CFR, subtitle
B, chapter I, subchapter C.
3. "Qualifying Safety Stop (QSS)" means a stop of a CMV that result in a truck/driver
inspection report and a written traffic citation or written warning for unlawful/unsafe
driving behavior.
4. "Highway" means every public way, road, street, thoroughfare and place, including
bridges, viaducts and other structures within the boundaries of this state, open, used or
intended for use of the general public for vehicles or vehicular traffic as a matter of right.
For the purpose of enforcing traffic offenses contained in the Oregon Vehicle Code,
except for ORS 810.230, "highway' includes premises open to the public that are owned
by a homeowners association and whose boundaries are contained within a service
district established on or before July 1, 2002, under ORS 451.410 to 451.610. [1983
c.338 §51; 2007 c.561 §1]
TERMS OF AGREEMENT
1. Under such authority, State wishes to retain the services of Agency to enforce motor
carrier safety regulations in mutually agreed upon highway locations, as identified in
Exhibit A" attached hereto and by this reference made a part hereof. Payment for
said services shall not exceed a maximum amount of $113.75 per QSS. The
cumulative maximum not to exceed amount for all payments to Agency is $15,000.00
in state funds, which may be increased by a fully executed amendment.
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2. The term of this Agreement shall begin on July 1, 2018, and will terminate on June
30, 2019 or upon completion of the project and final payment, unless extended by a
fully executed amendment.
Agency OBLIGATIONS
1. Agency, through its Authorized Representative, shall initiate safety inspections only
within the course of conducting a valid traffic stop. The safety inspection shall comply
with the North American Standard Inspection Procedures, which are incorporated by
reference and made part of this Agreement.
2. Agency shall conduct roadside inspections in a manner that provides a continuous
enforcement presence in identified locations on highways throughout the term of the
agreement.
3. Agency Authorized Representative shall to the greatest extent possible, record all
inspections on Aspen software and electronically upload computer-driven inspections
daily.
4. Agency Authorized Representative shall conduct roadside inspections at locations on
state highways that are adequate to protect the safety of driver and enforcement
personnel.
5. Agency shall provide copies of any truck/driver inspections and CMV operator traffic
citations or written warnings issued during a QSS within agreed locations. Agency
shall ensure citations and written warnings reflect unlawful/unsafe driving behavior.
6. Agency agrees that their Authorized Representative will implement inspection
procedures in accordance with minimum standards contained herein.
7. Agency agrees to enforce the North American Uniform Inspection Out-of-Service
Criteria as adopted into Oregon law by State under:
a. OAR 740-100-0090, Part I- Driver.
b. OAR 740-100-0070, Part II-Vehicle.
c. OAR 740-100-0080, Part III- Hazardous Materials.
8. Agency agrees citations and written warnings shall include at a minimum the
following:
a. Date of QSS
b. Location of QSS (Hwy, Direction, and Milepost Marker)
c. Vehicle License Number
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d. Motor Carrier Name
e. Motor Carrier US DOT Number
f. Driver Name and Driver License Number
g. Reason for QSS
h. Violation(s)
i. Out of Service defects (if applicable)
9. Agency shall submit monthly, an Invoice Cover Sheet see Exhibit B, attached hereto
and by this reference made a part hereof, that identifies the number of QSS
inspections along with corresponding citations and written warnings. Submission of all
inspections, citations and written warnings for the previous month shall be submitted,
to State's Project Manager for review and approval, no later than the 20th of each
month. Under no conditions shall State's obligations exceed the amount listed under
Terms of Agreement, Paragraph 1. Travel expenses will not be reimbursed.
10.Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including, 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 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.
11.Agency shall perform the service 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.
12.Agency shall not enter into any subcontracts for any of the work schedules under this
agreement without obtaining prior written approval from State.
13.All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt under
ORS 656.126. Employers Liability insurance with coverage limits of not less than
$500,000 must be included. Agency shall ensure that each of its contractors complies
with these requirements.
14.Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency, under
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the direction or approval of its governing body, commission, board, officers, members
or representatives, and to legally bind Agency/Agency.
15.Agency's Project Manager for this Project is: Lieutenant Mike Eskew, 13125 SW Hall
Blvd, Tigard OR 97223, 503-718-2558, mike.eskew@tigard-or.gov, or assigned
designee upon individual's absence. Agency shall notify the other Party in writing of
any contact information changes during the term of this Agreement.
STATE OBLIGATIONS
1. In consideration for the services performed, State agrees to pay Agency within forty-
five (45) days of receipt by State of eligible inspections, citations or written warnings a
maximum amount of $113.75 per QSS. Total amount will not exceed a maximum
amount of $15,000.00. Travel expenses will not be reimbursed.
2. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
3. State's Project Manager for this Project is David McKane Safety Program Manager,
3930 Fairview Industrial Dr. SE Salem OR 503-373-0884,
David.J.McKane@odot.state.or.us or assigned designee, upon individual's absence.
State shall notify the other Party in writing of any contact information changes during
the term of this Agreement.
GENERAL PROVISIONS
1. This Agreement may be terminated by either Party upon thirty (30) days' notice, in
writing and delivered by certified mail or in person.
2. 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:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency/ fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, 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.
c. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
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reasonable administrative discretion, to continue to make payments for j
performance of this Agreement.
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d. 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 State is prohibited from paying for such work from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
4. 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.
5. 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.
6. 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' i
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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.
7. 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.
8. This Agreement 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 Agreement so executed shall constitute an original.
9. 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. 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.
Signature Page to Follow
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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 Tigard, by and through its STATE OF OREGON, by and through
authorized representative its Department of Transportation
Sig nature`s By(;/
Motor 04reer Transportation Division
Title Crg Mdt-oag.�- Administrator
Date 7 Date
APP L RE MENDE
APPROVED AS TO LEGAL FORM (if
By C►
required) Dav' cKane, Man g r otor Carrier
B Safety Program
By Date �f
Counsel
Date
A-gency Contact: APPROVED AS TO LEGAL
Lieutenant Mike Eskew SUFFICIENCY
Tigard Police Department By: N/A
13125 SW Hall Blvd Assistant Attorney General (If Over
Tigard, OR 97223 $150,000)
503-718-2558
Mike.eskew@tigard-or.gov Date:
STATE Contact:
David McKane
3930 Fairview Industrial Dr. SE MS #2
Salem Or 97302
503-373-0884
David.J.McKane@odot.state.or.us
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Agreement No. 32937
EXHIBIT A
Agency PATROL Locations
The City of Tigard and the Department of Transportation agree that inspections
conducted on State, County and Municipal highways within the official limits of the City of
Tigard qualify for CMV QSSs.
Inspections conducted at other locations may qualify for CMV QSSs, if prior approval
from ODOT is received.
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EXHIBIT B
Invoice Cover Sheet
F
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Agreement # 32937 Oregon Motor Carrier Safety Action Plan
AgencyName: City of Tigard
Address: 13125 SW Hall Blvd
City: Tigard
a e ip: OR 97223,
on acName: Lieutenant Mike Eskew
e ep one um er: 503-718-2558
Month Stops were made:
Number of CMV QSS that qualified for Rate Amount
payment:
$113.75
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