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HomeMy WebLinkAboutIdaho Transportation Department with Police Alive at 25 ClassesMEMRANDUM OF UNDERSTANDING Between IDAHO TRANSPORTATION DEPARTMENT, OFFICE OF HIGHWAY SAFEW And THE Meridian Police Department PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to formalize a cooperative relationship to increase the number of new students completing the Alive at 25 classes each consecutive year between the ldaho Transportation Department, Office of Highway Safety (ITD/OHS) and the Meridian Police Department with principaloffices located at 1401 E Watertower Ln. Meridian, lD 83642 . ITD/OHS provides young adult drivers an educational opportunity to become a more defensive driver. The goal is to increase the number of new students completing the Alive at 25 classes each consecutive year by having certified law enforcement present Alive at 25 (Alive at 25) classes to those 15-24 years of age. These efforts are directed to eliminate deaths and serious injuries of youthful drivers. lnteractive discussions, videos and role playing teach young adults about traffic safety topics relating to unanticipated events of driving, becoming more aware and responsible as drivers, and understanding the Collision Formula: recognize the hazard, understand the defense, and act correctly, in time. AUTHORITY: The authority for ITD to enter into this MOU include, but are not limited to the following: ldaho Code Section 67-2326 through 67-2333 and 67-2339, and any other provisions of state or federal law or regulation directly pertaining to this memorandum. RESPONSIBILITIES AND PROCEDURES: Meridian Police Department Shall: 1, 2 3. 4. 5. 6. 7 8 Alive at 25 Agreement Page 1of 4 complete, sign, scan and submit the signed Agreement to ITD; Maintain National Safety Council current instructor certification: a. All instructors shall be ceftified by the National Safety Council; b. All instructors shall present a minimum of 2 classes per year; c. Complete Alive at 25 mandatory curriculum update training; and d. lnstructors shall maintain current employment with an ldaho law enforcement agency, and be in good standing. Submit required Annual Report to ITD Submit reim bu rsement claims within one month of completion of the course to ITD point of contact. lnstructor shall be evaluated by the OHS Alive@25 coordinator one time every three years. Promote the Alive at 25 Program to young adult drivers, their parents, prosecutors and judges, law enforcement colleagues, and wlthin the localand surrounding communities. Agency shall encourage instructor involvement with young adults in local community youth groups and area schools for events, conferences and activities. Such involvement shallfocus on responsible traffic safety of drivers and passengers. At the end of each state fiscal year (June 30) prepare and submit an annual report via WebCARS Alive at 25 for each previous state Fiscal Year by July 30, for annual evaluation. Meridian City Council Meeting Agenda March 5, 2019 – Page 469 of 487 Class requirements are as follows: 1. The primary instructor shall be the responsible party for scheduling the class on the Alive at 25 website, printing the Certificates of Completion and closing a class. 2. Classes shall be held for 4.5 hours to provide adequate time for all required NSC and CSPFF approved cu rriculum. 3. Utilize the Alive at 25 website for setting up all classes, updating student enrollments, printing certificates of completion and closing the class. 4. All students shall use the www.Aliveat25.us website to register for classes. 5. Classes shall not be set up for other instructors unless written permission has been provided by the Alive at 25 Program Coordinator. 5. Classes shall have no more than 30 students attending the class unless the Alive at 25 Program Coordinator provides orior written approval. The minimum number recommended for a class is 8 students with one instructor, L2 with two instructors; however if at least 5 students have registered, one instructor may seek Alive at 25 Program Coordinator written approval to offer the class. 7. Classes shall not be cancelled unless absolutely necessary. Every effort shall be made by the primary instructor to find a replacement instructor, if unable to attend a scheduled class. 8. Notify the Alive at 25 Program Coordinator if you are unable to find a replacement instructor, who will attempt to find a replacement instructor. 9. lf a class is changed or cancelled, the primary instructor shall contact via email, text or telephone message, each registered student to ensure the student is notified of the cancellation and provided the opportunity to be placed in another class. Failuretocomplymayresultlntheterminationof this Agreement. 10. Present a professional image and demeanor at all times. lnstructors shall not engage in any activities that may offend or harass any student for any reason. 11. Police uniforms and orvisible dutyweapons are highly discouraged. lt has been determined that police uniforms can create barriers to learning. a. lf a uniform is worn, the instructor shall have prior Agency approval. b. lnstructor dress shall be clean, neat and professional. L2. Request class location set up on the Alive at 25 website by emailing the Alive at 25 Program Coordinator. lnclude the location address, city, zip code, contact name, and telephone number responsible for the class, if different from the instructor. 13. lnstructors are responsible for the care and maintenance of all equipment, course products and videos which have been funded by the OHS and issued by the CSPFF and NSC to the Agency: a. For DVD replacement due to normal wear, the Agency shall notify the Alive at 25 Program coordinator. b. The Agency shall reimburse the CSPFF the current replacement cost for any materials lost, damaged (not includingnormal wear and use), or stolen due to negliSence. NotifytheAlive at 25 Program Coordinator of the loss or damage For stolen property, the Agency shall complete a police report for the stolen property and submit a copy of the report to the Alive at 25 Program Coordinator. ITD/OHS SHALT: 1. Reimburse Agency as follows: Primary lnstructors = a stipend of S250 for 4.5 hours of instruction and allother administrative tasks involved in setting up a class, printing and providing certificates to students, and closing a class. lnstructors shall participate throughout the 4.5 hou rs. 2. Secondary lnstructors = a stipend of S2OO for 4.5 hours for class sizes of 22 to 30 students, and shall team instruct throughout the 4.5 hours. 3. All stipend compensation claims shall be certified as to: a. Name(s) of instructor(s); Alive at 25 Agreement PaEe 2 oI 4 Meridian City Council Meeting Agenda March 5, 2019 – Page 471 of 487 4.5 hours for each class with hours over 4.5 documented as a total; Number of students completing the class; and Submitted via the electronic reimbursement system for Alive at 25 on WebCARS known as "e Alive at 25". All stipend compensation claims, documentation and reports shall be submitted monthly. Final stipend compensation claims shall be submitted no later than July 30 each state fiscal year,or claims mav not be reimbursed f. OHS does not reimburse for vehicle mileage, equipment or supplies used in presenting the Alive at 25 classes. Provide statewide coordination of the Alive at 25 Program by the Alive at 25 Program Coordinator or designee. Provide the lnstructor with Alive at 25 Course Guide and Certificates of Completion. Pay the National Safety council annual dues for each certified instructor. 1. Code of Conduct: No em ployee, officer, or agent of the Agency shall participate in the selection, award or administration of a contract supported by grant funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any ofthe following have a financial or other interest in the firm selected for award: o The employee, officer or agent. o Any member of his or her immediate family. o His or her partner. o An organization which employs, or is about to employ any of the above-listed. a. lnstructors shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. b. Agency guarantees there is no entry into any form of collusion with anyone or involving any form of payment, dependent upon or resulting from the award ofthis contract or su bcontract(s). 2. Conferences lnsoection of Work. Grant Mon itorins : Conferences may be held at the request of either party to this Agreement. ArepresentativeofOHSand/ortheldahoTransportationDepartmentcan visit the site for the purpose of inspection and/or assessment of work being performed at any time. Travel: Travel for approved training, the Highway Safety Summit or out-of-state travel shall conform to ITD policies and procedures. Allowable reimbursements cannot be greater than those authorized for state employees, and reimbursements shall be made to the Agency for grant project travel. ITD policy requires economical and practical modes of travel, lodginS, as well as moderate dining, reimbursed at state approved rates. 4. Personally lde ntifiable lnformation iP ll). Pursuant to this Agreement, the Agency may collect or the State may disclose to the Agency, Personally ldentifiable lnformation (Pll), which the State has in conformance with Title 49, Chapter 2 ldaho Code and the Federal Driver Privacy Protection Act, regards as confidential. Pll is information that identifies an individual, including, but not limited to, an individual's photograph, socialsecurity number, driver identification number, name, address, telephone number, and any medical or disability information. Pll shall belong solely to the State, and the lnstructor shall use such information only in the performance of its services under this grant. The lnstructor shall not disclose Pll to any third party except with the State's prior written consent, or under a valid order of a court or governmental agency of competent jurisdiction, and then only upon timely notice to the State. The State may require the lnstructor's officers, employees, agents or subcontractors agree in writing to the obligations contained in this section. All Pll shall be returned to the State within twenty (20) workingdays of termination ofthis Agreement. The confidentiality b c d e 2 3 4 ASSURANCES, REQUIREMENTS, TERMS, CONDITIONS AND LIMITATIONS 3 Alive at 25 Agreement Page 3 of4 Meridian City Council Meeting Agenda March 5, 2019 – Page 473 of 487 10. 5. 5. obligation contained in this section shallsurvive termination of this grant. The lnstructorshall notify the State within 24 hours of any loss, theft or inadvertent disclosure of Pll. Agencv Point of Contact: The person preparing and submitting reports and reimbursement claims is (NAME, TITLE, telephone, Fax, email, physical address and warrant mailing address) Responsibilitv for Claims and Liabilitv: Agency or lnstructors shall be required to save and hold harmless OHS, ITD from all claims and/or liability due to the negligent acts of lnstructor or lnstructor's subcontractor(s), agents, or em ployee(s). Future Fundins: Failure to comply with any of the terms of this Agreement may jeopardize the agency in receiving future funding from OHS. lndemnification: Agency or lnstructor agrees to indemnify, defend and hold harmless lTD, its officers, agents, employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney's fees, arising from or by the use of any grant including but not limited to the Alive at 25 grant. Dispute Resolution: Any dispute, disagreement or question of fact concerning this Agreement shall be decided by the OHS Highway Safety Manager. The decision shall be in writing and shall be distributed to the parties concerned. lf the Agency disagrees with the decision by the OHS Highway Safety Manger, the decision may be appealed to the Director of the ldaho Transportation Department. The appeal must be made in writing within 30 days of the OHS decision, and served by certified mail. Entire Agreement: This Agreement, including any attachments, 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. Any amendments to this Agreement shall be in writing. Contract Term: shall be July L,2078 through June 30, 2021, three year agreement. Future Appropriations: Nothing in the Agreement between ITD and Meridian Police Department shall be construed as limiting or expanding the statutory or regulatory responsibilities of any involved lnstructor or individual in performing functions granted to them by law; or as requiring either entity to expend any sum in excess of its respective appropriation. Each and every provision of this Agreement is subject to the laws and regulations of the State of ldaho and of the United States. Termination: Either party may terminate this Agreement upon 30 days written notice to the other party. ln the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. IN WTTNESS WHEREOF, PARTTES HAVE EXECUTED THIS AGREEMENT. This agreement is in effect from dote of signature until June 30, 2027. cQ- By Printed Name of Law Agency Director or delegate Z 1D /q Printed nforcement Agency Representative Effective Date Representative Signature 7. 8. 9. 11. t2. 13. 14 Alive at 25 Agreement Page 4 of 4 Meridian City Council Meeting Agenda March 5, 2019 – Page 475 of 487