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Meridian City Council Meeting Agenda January 7, 2020 – Page 545 of 552
MEMRANDUM OF UNDERSTANDING
Between
IDAHO TRANSPORTATION DEPARTMENT, OFFICE OF HIGHWAY SAFETY
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
Idaho Transportation Department, Office of Highway Safety (ITD/OHS) and the Meridian Police Department
with principal offices located at 1401 E Watertower Ln. Meridian, ID 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. Interactive 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: Idaho
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. Complete, sign, scan and submit the signed Agreement to ITD;
2. Maintain National Safety Council current instructor certification:
a. All instructors shall be certified 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. Instructors shall maintain current employment with an Idaho law enforcement agency, and
be in good standing.
3. Submit required Annual Report to ITD
4. Submit reimbursement claims within one month of completion of the course to ITD point of contact.
5. Instructor shall be evaluated by the OHS Alive@25 coordinator one time every three years.
6. Promote the Alive at 25 Program to young adult drivers, their parents, prosecutors and judges, law
enforcement colleagues, and within the local and surrounding communities,
7. Agency shall encourage instructor involvement with young adults in local community youth groups
and area schools for events, conferences and activities. Such involvement shall focus on responsible
traffic safety of drivers and passengers.
8. 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.
Page 1 of 4
Alive at 25 Agreement
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
curriculum.
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.
6. Classes shall have no more than 30 students attending the class unless the Alive at 25 Program
Coordinator provides prior written approval. The minimum number recommended for a class is 8
students with one instructor, 12 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. If 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. Failure to comply may result in the termination of this
Agreement,
10. Present a professional image and demeanor at all times. Instructors shall not engage in any activities
that may offend or harass any student for any reason.
11. Police uniforms and or visible duty weapons are highly discouraged. It has been determined that
police uniforms can create barriers to learning.
a. If a uniform is worn, the instructor shall have prior Agency approval.
b. Instructor dress shall be clean, neat and professional.
12. Request class location set up on the Alive at 25 website by emailing the Alive at 25 Program
Coordinator. Include the location address, city, zip code, contact name, and telephone number
responsible for the class, if different from the instructor.
13. Instructors 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 including normal wear and use), or stolen due to negligence. Notify the Alive
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 SHALL:
1. Reimburse Agency as follows: Primary Instructors = a stipend of $250 for 4.5 hours of
instruction and all other administrative tasks involved in setting up a class, printing and
providing certificates to students, and closing a class. Instructors shall participate
throughout the 4.5 hours.
2. Secondary Instructors = a stipend of $200 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:
u a. Name(s) of instructor(s);
Alive at 25 Agreement Page 2 of 4
b. 4.5 hours for each class with hours over 4.5 documented as a total;
C. Number of students completing the class; and
d. Submitted via the electronic reimbursement system for Alive at 25 on WebCARS known as "e
Alive at 25".
e. 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 may not be reimbursed.
f. OHS does not reimburse for vehicle mileage, equipment or supplies used in presenting the
Alive at 25 classes.
2. Provide statewide coordination of the Alive at 25 Program by the Alive at 25 Program Coordinator or
designee.
3. Provide the Instructor with Alive at 25 Course Guide and Certificates of Completion.
4. Pay the National Safety Council annual dues for each certified instructor.
ASSURANCES, REQUIREMENTS, TERMS, CONDITIONS AND LIMITATIONS
Code of Conduct: No employee, 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 of the 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. Instructors 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 of this contract or
subcontract(s).
2. Conferences Inspection of Work, Grant Monitoring: Conferences may be held at the request of either
party to this Agreement. A representative of OHS and/or the Idaho Transportation Department can
visit the site for the purpose of inspection and/or assessment of work being performed at any time.
3. 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, lodging, as well as moderate dining,
reimbursed at state approved rates.
4. Personally Identifiable Information (1311). Pursuant to this Agreement, the Agency may collect or the
State may disclose to the Agency, Personally Identifiable Information (PII), which the State has in
conformance with Title 49, Chapter 2 Idaho Code and the Federal Driver Privacy Protection Act,
regards as confidential. PII is information that identifies an individual, including, but not limited to, an
individual's photograph, social security number, driver identification number, name, address,
telephone number, and any medical or disability information. PII shall belong solely to the State, and
the Instructor shall use such information only in the performance of its services under this grant. The
Instructor shall not disclose PII 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 Instructor's officers, employees, agents or
subcontractors agree in writing to the obligations contained in this section. All P11 shall be returned to
the State within twenty (20) working days of termination of this Agreement. The confidentiality
Alive at 25 Agreement Page 3 of 4
IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT.
This agreement is in effect from date of signature until June 30, 2021.
lee �O(/ce 21'42Ci�It"IBy Printed Name of Law Enforcement Agency Director or delegate
Printed Lafw nforcement Agency Representative
Ag ncy Representative Signature
M
Effective Date
Alive at 2S Agreement Page 4 of 4
obligation contained in this section shall survive termination of this grant. The Instructor shall notify
the State within 24 hours of any loss, theft or inadvertent disclosure of PII.
.� 5.
Agency Point of Contact: The person preparing and submitting reports and reimbursement claims is
(NAME, TITLE, telephone, Fax, email, physical address and warrant mailing address)
6.
Responsibility for Claims and Liability: Agency or Instructors shall be required to save and hold
harmless OHS, ITD from all claims and/or liability due to the negligent acts of Instructor or Instructor's
subcontractor(s), agents, or employee(s).
7.
Future Funding: Failure to comply with any of the terms of this Agreement may jeopardize the agency
in receiving future funding from OHS.
8.
Indemnification: Agency or Instructor agrees to indemnify, defend and hold harmless ITD, 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.
9.
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. If the Agency disagrees with the decision by the OHS Highway Safety
Manger, the decision may be appealed to the Director of the Idaho Transportation Department. The
appeal must be made in writing within 30 days of the OHS decision, and served by certified mail.
10.
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.
11.
Contract Term: shall be July 1, 2018 through June 30, 2021, three year agreement.
12.
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
Instructor 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 Idaho and of the United States.
13.
Termination: Either party may terminate this Agreement upon 30 days written notice to the other
party. In 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 WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT.
This agreement is in effect from date of signature until June 30, 2021.
lee �O(/ce 21'42Ci�It"IBy Printed Name of Law Enforcement Agency Director or delegate
Printed Lafw nforcement Agency Representative
Ag ncy Representative Signature
M
Effective Date
Alive at 2S Agreement Page 4 of 4