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IDAHO TRANSPORTATION DEPARTMENT OFFICE OF HIGHWAY SAFETY MEMORANDUM OF UNDERSTANDING (MOU) THIS AGREEMENT for FFY 2014 is made and entered into by and between: CITY OF MOSCOW POLICE DEPARTMENT (Agency name), hereinafter referred to as "Contractor" and the Idaho Transportation Department Office of Highway Safety, hereinafter referred to as "OHS". IT IS THE PURPOSE OF THIS AGREEMENT to provide assistance to the Contractor from OHS for Traffic Enforcement Mobilizations during specified Highway Safety Performance Plan focus area mobilizations periods, special events or corridor enforcement. THE GOAL OF THE AGREEMENT is to establish project requirements and a funding process to support the enforcement efforts by the Contractor, to reduce deaths, serious injuries and economic loss as part of the Strategic Highway Safety Plan (SHSP). Dedicated overtime enforcement hours and / or traffic enforcement equipment for regular duty dedicated mobilization enforcement will be funded for hours worked during Idaho's Traffic Enforcement Mobilizations IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. Contractor will conduct Traffic Enforcement Mobilizations or corridor enforcement in accordance with the criteria established. A. Contractor will provide a commissioned police officer (active or paid reserve) with appropriate equipment {vehicle, radar, etc.) on a paid overtime basis to enforce impaired driving, alcohol beverage control, aggressive driving, safety restraint, school zone, distracted driving, bicycle, pedestrian, laws with emphasis as designated by OHS. No reimbursed regular on-duty personnel hours can be funded. Necessary additional dispatch services overtime can be reimbursed, if requested prior to the mobilization. B. Contractor may also work regular duty hours dedicated to the Traffic Enforcement Mobilizations. These hours can be counted toward funding purchase of traffic safety equipment on a reimbursement basis for satisfactory enforcement performance. Hours recorded must be dedicated enforcement hours used specifically towards designated focus areas (Impaired, Safety Restraint, Aggressive, School Zone, Pedestrian, and other SHSP focus areas). 2. Contractor and/or partnering enforcement agencies will publicize the enforcement effort to increase effectiveness by working with local media contacts to increase the awareness of enforcement efforts and provide results in a press release following the FFY 2014 Memorandum of Understanding Page 1of5 / 2ol?, -"irO ---PAGE BREAK--- mobilization. OHS provides promotional materials and draft press releases as requested. A. Based on the availability of funding and by signing this agreement, the contractor agrees to participate in statewide highway safety paid media campaigns and accept the benefits of having the ads run in their local communities. 3. OHS will reimburse Contractor for participation in one or both of the following ways: A. Paid overtime hours worked will be reimbursed at the rate of up to 1.5 times the officer's hourly rate plus Contractor's contributions to employee benefits which are FICA/Medicare, Unemployment, Worker's Compensation and PERSI. B. Regular duty dedicated patrol hours for the Traffic Enforcement Mobilizations - OHS will provide equipment incentives by providing Contractor with reimbursement for traffic safety equipment up to the specified limit shown on the award letters for each Traffic Safety Enforcement Patrol. Each Traffic Enforcement Mobilization Patrol, special event or corridor enforcement hour worked can only be claimed for one OR the other option. Satisfactory performance is required. The approved types of equipment are listed on the Anticipated Equipment Purchase form. Should you wish to order equipment not listed on the form, contact OHS for approval prior to ordering. For any equipment valued at over $5,000, including shipping and handling, prior written approval must be approved before placing the order. Prior to reimbursement, the agency's performance will be reviewed by a committee. The committee may include the OHS grant officer for the program area and the OHS District Law Enforcement Liaison. 4. Participation in future mobilizations is contingent on at least satisfactory performance during the prior mobilization, as determined by OHS. 5. Overtime and equipment claims (dedicated hours worked) and reports must be submitted to OHS within 30 days of the final enforcement date for a mobilization. Equipment purchases must be made by August 15, and the claim submitted to OHS by September 30. Before OHS will process any claims, Contractor must submit the following forms to be completed in accordance with OHS requirements. A. Performance report. • For Seat Belt Enforcement, pre and post seat belt surveys must be completed and submitted along with the performance report. B. For overtime, provide the completed Overtime Reimbursement Claim Form, signed by authorized official, and Payroll Register for period claimed. Payroll verification can be payroll registers or copies of officer payroll warrants. Time sheets are not payroll verification. FFY 2014 Memorandum of Understanding Page2 of 5 ---PAGE BREAK--- C. For equipment incentive accrual, complete the form and submit time sheets. D. For equipment incentive reimbursement, submit the completed Incentive Equipment Claim Form, copy of equipment invoice and proof of payment. A Property Record form will need to be completed for all purchases over $2,000. 6. Assurances and Other Grant Requirements required by NHTSA for all agencies receiving federal grant funds: A. Certification and Assurances 8/20123, Attachment 1. Contractor will comply with certification and assurances, as applicable. B. Other Grant Requirements: 1) Procurement of eauipment and materials: All contracts shall be subject to the requirements governing this MOU, including those for procurement of materials and leasing of equipment. • 2) Code of Conduct: No employee, officer, or agent of the Contractor 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: a) The employee, officer or agent. b) Any member of his or her immediate family. c) His or her partner. d) An organization which employs, or is about to employ any of the above listed. The Contractor's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. The Contractor guarantees it has not entered into any form of collusion with anyone, involving any form of payment, dependent upon or resulting from the award of this contract or subcontract(s). 3) Conferences. Inspection of Work. Grant Monitoring: Conferences may be held at the request of either party to this MOU. A representative of OHS and/or the U.S. Department of Transportation can visit the site for the purpose of inspection and/or assessment of work being performed at any time. 4) Travel: Grant related local vicinity travel, travel to other parts of the state, and travel outside the state must conform to state policies and procedures. Allowable reimbursements cannot be greater than those authorized for state employees, and reimbursements will be made to the Contractor for grant project travel. State policy requires economical and practical modes of travel, as well as moderate dining and lodging. FFY 2014 Memorandum of Understanding Page 3 of 5 ---PAGE BREAK--- 5) Tax and Compensation Liability: OHS will not incur any liability for worker compensation, FICA, withholding tax, unemployment compensation, or any other payment which is not a part of the grant agreement. 6) Policy Inclusions: In order to receive highway safety grant funds, OHS requires that your agency currently have a Safety Restraint Use policy in effect or implement one prior to completion of the MOU. If requested by OHS, the Contractor will submit their safety restraint policy to OHS prior to execution of the MOU. 7) Responsibility for Claims and Liabilitv: Your agency shall be required to save and hold harmless OHS, ITD, NHTSA, FHWA and U.S. Department of Transportation from all claims and/or liability due to the negligent acts of your agency or your agency's subcontractor(s), agents, or employee(s). 8) Failure to comply with any of the terms of this MOU may jeopardize Contractor in receiving future funding from OHS. 9) Eligible organizations agree 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 grants. 10) Any dispute. disagreement or question of fact concerning this MOU shall be decided by the OHS Highway Safety Manager. The decision shall be in writing and shall be distributed to the parties concerned. If Contractor 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. 11) This MOU. including anv 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 MOU shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. 12) Nothing in this agreement shall be construed as limiting or expanding the statutory or regulatory responsibilities of any involved agency 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 MOU is subject to the laws and regulations of the State of Idaho and of the United States. 13) Either party may terminate this MOU upon 30 days written notice to the other party. In the event of termination of this MOU, the terminating party shall be liable for the performance rendered prior to the effective date of termination. FFY 2014 Memorandum of Understanding Page 4 of 5 ---PAGE BREAK--- IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT: City of Moscow Police Department Contractor (Agency) , Highway Safety Manager Office of Highway Safety David Duke, Chief of Police Contracting Agent (print/type name) Agency Contact Information Name Title Telephone Fax Email Address Agency Physical Address Warrant Mailing Address Agency or Parent Entity DUNS (Data Universal Number System) Parent Entity Name (if applicable) William Krasselt, Police Officer Corporal [PHONE REDACTED] [PHONE REDACTED] [EMAIL REDACTED] 118 East 4th Street, Moscow, ID 83843 City of Moscow, PO Box 9203, Moscow ID 83843 958856338 NIA Agency Grant Manager Contact Information Name Alisa Stone Title Grants Manager, City of Moscow Telephone [PHONE REDACTED] Email Address [EMAIL REDACTED]. us FFY 2014 Memorandum of Understanding Page 5 of 5