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HomeMy WebLinkAbout19-78 Resolution No. 19-78 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING TO ACCEPT A GRANT FROM PREUSSER RESEARCH GROUP, INC. FOR DISTRACTED DRIVING STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that the City of Elgin, Illinois hereby accepts the Preusser Research Group, Inc. grant in the amount of $30,000.00 for a distracted driving study. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Memorandum of Understanding on behalf of the City of Elgin with Preusser Research Group, Inc. for distracted driving study, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 22, 2019 Adopted: May 22, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Memorandum of Understanding Between PRG&Elgin Illinois PD 5/22/19 MEMORANDUM OF UNDERSTANDING BETWEEN PREUSSER RESEARCH GROUP,INC. AND THE CITY OF ELGIN,AN ILLINOIS MUNICIPAL CORPORATION This Memorandum of Understanding ("MOU") is made and entered into by Preusser Research Group, Inc. (PRG), represented by its CEO, Neil Chaudhary and the City of Elgin, an Illinois municipal corporation,represented by Chief Ana Lalley. STATEMENT OF PURPOSE Preusser Research Group, is conducting a distracted driving study under contract with the National Highway Traffic Safety Administration(NHTSA). The project is entitled "Using Observation to Increase Distracted Driving Enforcement" (Contract/Task Order#: DTNH22I6D00019/DTNH2217F00178). The project objective is to decrease cell phone use and texting while driving. PRG, Inc. will work with three selected law enforcement agencies(individually)in three different states to develop and implement a multi- faceted program approach that incorporates cell phone and texting roadside observations, public information and education, community feedback, earned and social media elements, and highly visible sustained distracted driving enforcement. The end product of this effort will be information that can be used to model successful distracted driving enforcement operations in law enforcement departments of varying size, as well as education, outreach and community engagement. PRG will work with the Elgin Police Department (EPD)to design and implement a distracted driving enforcement program with the overall goal of decreasing cell phone use while driving in the City of Elgin. PRG agrees to provide EPD with up to $30,000 in compensation for participation in this technical assistance/demonstration project. Funding will be used for program-only purposes including payment for administrative officer hours, program enforcement patrols, equipment, and distracted driving resources/tools used to publicize project/enforcement efforts. The agency will keep any physical resources (signs, etc.) obtained during the program and continue to use them for future traffic safety operations (distracted driving in particular). Please note: Once a signed MOU is in place,project specifics will be discussed and determined by PRG, Elgin PD, and NHTSA. All three agencies will agree upon terms such as#of enforcement activities, waves, start/end dates, types of enforcement activity, public outreach/engagement, etc. This detailed information will be included in a future Technical Assistance Guide(TAG)otherwise known as an"Action Plan" that will serve as the timeline for all tasks, key deliverables, staff assignments, and target due dates throughout the course of the project. All project work will be a collaborative effort between the three agencies;Elgin PD will have the final say on all planned enforcement activities and the level of participation their department can commit to. -1- Memorandum of Understanding Between PRG&Elgin Illinois PD 2/15/19 AGREEMENT Both PRG and EPD agree as follows: 1. Initial Site Visit,Working Meeting,and Observation Training • The first task of this project will be to meet in person with each participating law enforcement agency for a project kickoff/site visit and most importantly, a working meeting. This meeting will include representatives from PRG, NHTSA, and EPD. Distracted driving roadside observation training will be provided at this time.Project goals, timelines,and a draft TAG/Action Plan will be discussed and revised as a group.Suggested TAG/Action Plan items will be suggested and discussed via email and/or conference call prior to the working meeting. 2. Enforcement Technique and Duration: • This agreement covers a minimum of 6 total Waves (5 — 10 days in duration) of high visibility distracted driving enforcement (HVE) over a 12-month program period. The actual project start date will be determined by all involved parties once a signed MOU is in place and staff availability is determined. All traffic enforcement staffing and shift assignments will ultimately be determined by EPD based on officer resources and the preexisting enforcement schedule needs of the traffic unit. • PRG will offer preferred scheduling suggestions when Waves would work best based on our prior evaluation work for similar studies. EPD will have the final say on all activity schedules and number of total Waves they choose to participate in. • Enforcement techniques will be at the discretion of each individual agency (what works for some states/areas will not work for others). PRG will provide guidance and advice on what type of enforcement activity should occur as needed. 3. Roadside Observations • The program will include two types of distracted driving observations:one set of scientific observations collected by PRG's expert observers and one set of non-scientific observations carried out by EPD officers or civilian staff. • PRG will train EPD officers and civilian staff on how to conduct roadside observations at the initial working meeting. Our methods ensure random vehicle selection to avoid observer bias. • PRG and EPD will conduct roadside observations surrounding all HVE Waves. • Observation site selection will be determined after our initial working meeting. Details on location and number of sites for PRG and EPD to observe will be provided in the TAG/Action Plan. PRG sites and EPD sites may or may not overlap. • Roadside data collection may include type of cell phone use (hand-held, Bluetooth, manipulating device),driver sex,estimated age, and vehicle type. 4. Observation Feedback: Results of the scientific observations will be used to evaluate the effectiveness of the program in reducing the incidence of distracted driving. Results of the non-scientific observations will be used both as a motivational tool to inform enforcement strategies and as part of a communication strategy (i.e., to provide feedback to law enforcement and the general public regarding cell phone use in their community). For example, observed distracted driving behavior -2- Memorandum of Understanding Between PRG&Elgin Illinois PD 2/15/19 statistics may be posted on signage that drivers can see on a daily basis; numbers will be updated after each enforcement period. Officers conducting the roadside observations will have an opportunity to directly witness the impact of their enforcement efforts from Wave to Wave (thus maintaining enforcement motivation). 5. Publicity: PRG will assist and collaborate with EPD on a variety of program messaging for the HVE wave periods. Typical types of HVE publicity is expected. Those types can include, but are not limited to: signage, press releases, television/radio news interviews, and social media feeds. Additional innovative ideas for publicity will be explored over the course of the program period. All program publicity (content and method for delivery)will be mutually agreed upon by EPD,PRG and NHTSA. 6. Enforcement and Publicity Signage EPD must use some amount of funding(or in kind donation) for program signage where the signs relay use rates to the public. Other signage may also be eligible for funding. All signage purchased for program use must help facilitate either the enforcement or publicity components of the program. Either EPD or PRG may purchase signage or solicit donated signage for this project, with verbal agreement and approval of the other party. Specifically, any use of project funding for signage must be agreed upon by NHTSA,PRG and EPD. After the program,the agency will keep any physical resources obtained and continue to use them for future traffic safety operations (distracted driving programs in particular). 7. Historical&Program Data: EPD will supply PRG historical data including the public data from traffic citation records for a 3-year period(2015-2017 or most recent available). PRG will use historical data to: o Identify target sites; o Track trends; and o Determine changes over time. EPD will supply PRG with specific information on HVE enforcement activity that takes place during the program. PRG will provide EPD a report form that will be used to gauge the level of enforcement activity. The foregoing notwithstanding, EPD shall not be required to provide any information or records that are prohibited from disclosure under any applicable law or regulation. 8. Period of Performance This MOU and agreement will be in effect when both parties(PRG and EPD)sign and will end 12 months after the signature date. Extensions and/or date shifts may be made by either party with written approval of the other as needed(weather issues,unexpected changes in staff resources, etc.). 9. Reimbursements PRG will reimburse hours for program enforcement, hours for program management, signage, or equipment purchases within 45 days from the date the invoice is received at PRG. Payment for officer hours devoted to program enforcement will not be reimbursed until required HVE activity data are reported. -3- Memorandum of Understanding Between PRG&Elgin Illinois PD 2/15/19 Invoices will be emailed to(electronic submission preferred): neil@'preussergroup.com (please cc: officemgr(/Iprg.email) OR mailed to: Preusser Research Group,Inc. Attn.Neil Chaudhary 7100 Main Street Trumbull, CT 06611 10. Termination This MOU may be amended or terminated by mutual written and signed agreement. This agreement can be terminated upon 30-days prior written notice from either party to the other. The agreement will be terminated if funds are no longer available to support the continuation of the project or if EPD becomes unable to support required activities. PRG will reimburse EPD for any expenses incurred up to the date of the written notification is received by EPD. 11. Audit Documentation In the event of an audit, EPD will verify project expenditures upon request. This will include salary documentation (payroll records, officer overtime, activity reports, receipts, etc.) or other information necessary to verify reimbursements made to EPD. For the purposes of compliance,EPD will be willing to keep pertinent project records on file for a minimum of 5 years. 12. Indemnification All enforcement, public awareness, and any other program activities scheduled or completed will be governed by EPD policy. All activities completed under this MOU, must, at all times, be planned and implemented to ensure the safety of the public, EPD staff and any other volunteers or support personnel. EPD agrees to indemnify and hold harmless PRG from any and all claims, demands, losses, causes of action, damage, lawsuits,judgements, including attorneys' fees and costs, arising out of or relating to the work of EPD. 13. Miscellaneous a. Amendments or additions to this MOU will be mutually agreed upon and made only by written amendment, duly executed by all parties. b. This MOU will take effect when signed by all parties,as evidenced by the last date entered on the signature page. c. Once a signed MOU is in place, a detailed TAG/Action Plan will be developed. TAG/Action Plan items will include # of enforcement Waves, dates of heightened enforcement, pricing for signage and overtime hours, etc. These details will be discussed and agreed upon with all project personnel (NHTSA,PRG, and Elgin Police Department). -4- Memorandum of Understanding Between PRG&Elgin Illinois PD 2/15/19 14. Need for Notification All notification or communication regarding this MOU should be directed to the following point of contact for each agency: Preusser Research Group, Inc. (PRG) Elgin Police Department(EPD) Dr.Neil Chaudhary, CEO Lieutenant Jeff Adam, Traffic Unit Preusser Research Group, Inc. Elgin Police Department 7100 Main Street 151 Douglas Avenue Trumbull, CT 06611 Elgin, IL 60120 neil i preussergroup.com ADAM J@cityofelgin.org Office: (203)459-8700 x 108 Desk: (847)289-2531 By signing below,the parties agree to the above-stated terms and conditions of this MOU. Dr. Neil Chaudhary, CEO Date Preusser Research Group, Inc. May 22, 2019 Richard G. Kozal, City Manager Date City of Elgin ATTE : &1161/.44 City Clerk -5-