MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF COMMERCE
AND
STREET RACING KILLS
FOR RECKLESS DRIVING PROGRAM MANAGEMENT SERVICES
RECKLESS DRIVING INTERVENTION PROGRAM
This Memorandum of Understanding (MOU) is being entered this day of , 2022, by and between the CITY OF COMMERCE (City) and STREET RACING KILLS, and collectively referred to herein as the “Parties,” and individually as “Party”.
PURPOSE
The purpose of this MOU is to detail the agreement between the City of Commerce and Street Racing Kills for the provision of reckless driving programs and services. Street Racing Kills will administer behavior-based driver safety programs that will raise awareness and mentor the youth and communities across the State. The City wishes to collaborate with Street Racing Kills by serving as a grant host for the Federal Fiscal Year 2024 for the Federal Highway Safety Program Grant for the implementation of the Reckless Driving Programs, which will include facilitating the Program to individuals across the State, including the City of Commerce.
Program services to be undertaken by Street Racing Kills will include the performance or arranging of the deliverables described herein. The activities to be performed as part of this MOU will include but are not limited to mentoring individuals and increasing awareness about the dangers of reckless driving to prevent future crashes and fatalities. Topics of discussion will include street racing, speeding, weaving in and out of traffic, tailgating, burnouts, ignoring stop signs and signals, driving impaired, takeovers, doughnuts, and other reckless driving activities.
BACKGROUND
The City of Commerce is charged with enforcing and regulating street racing within its boundaries. The City has conducted ways to address street racing issues and explore various engineering measures to dissuade speed racers from engaging in speed exhibition contests.
The Office of Traffic Safety (OTS) is California’s lead traffic safety organization. Located within the California State Transportation Agency (CalSTA), the OTS is tasked with developing and implementing a highway safety program that addresses the behavioral factors that impact safety on the road. OTS provides an effective means of eliminating fatalities, injuries, and economic losses resulting from crashes. Through grant funding made available to California by the National Highway Traffic Safety Administration (NHTSA), OTS annually funds over 80 million dollars in innovative, evidence-based education and enforcement programs and technologies designed to make California’s roadways safer.
Each year a Highway Safety Plan (HSP) is developed to reflect current needs as well as detail the planned use of federal funds. The HSP identifies problems, specific performance measures, proposed solutions, time frames, and fiscal information on continuing and planned new grants which are designed to mitigate traffic safety problems. OTS’ role in every cycle has proven invaluable as it provides a vital link among Federal, State, and local functions.
The goal of the annual program is to prevent serious injury and death resulting from motor vehicle crashes so that all roadway users arrive at their destination safely. Using Federal Highway Safety Program funds, the OTS partners with political subdivisions of the state to address California’s highway safety needs at the state and local levels.
The OTS cannot directly fund a 501(c)(3) nonprofit organization; however, these entities are eligible for funding through a “host” government agency (sub-recipient) as a contractor. As such, the City of Commerce and Street Racing Kills have collaborated to implement the Reckless Driving Intervention Program and have voluntarily entered into this MOU where the City will serve as a host government agency.
III. CITY RESPONSIBILITIES
Authorize consent to Street Racing Kills, to transact all business related to the Program within the City jurisdiction and surrounding areas which also benefits the City of Commerce given its substantial daytime population and a large number of commuters daily and ensures the Program implementation is consistent with management procedures established by the OTS.
Collaborate with the Street Racing Kills on an outreach plan to ensure enrollment of Commerce residents into the Program.
Provide direction to Street Racing Kills in areas relating to policy, information, and procedural requirements that apply to the implementation of this Program in the City’s jurisdiction.
STREET RACING KILLS RESPONSIBILITIES
Through the partnership established with Street Racing Kills through this MOU, Street Racing Kills will be responsible for program administration, implementation, oversight, and administration of consultant and contracting services, as needed. All expenses and costs eligible for reimbursement under the highway safety program must follow the proposed and approved grant budget. Maintain all related costs associated with this grant to be necessary, reasonable, allocable, and expended according to the appropriate federal and state statutes or grant regulations outlined in the grant program manual.
Maintain regular contact either via telephone/virtual calls, or email/written correspondence with OTS and City staff throughout the course of the grant period to ensure compliance with federal and state statutes, regulations, and procedures.
Street Racing Kills will also submit Quarterly Performance Reports (QPR) to detail grant activities conducted during each quarter to accomplish grant objectives to OTS.
This MOU authorizes Street Racing Kills to administer, manage, facilitate, and implement the Program consistent with the management procedures established by OTS.
V. MUTUAL RESPONSIBILITIES
The City and Street Racing Kills will share information in accordance with applicable State and federal laws and regulations and implement specific procedures as may be necessary to enable each party to perform its duties and functions as required by law and under this MOU.
VI. TERM OF MOU
The term of this MOU shall commence upon the date of execution of this MOU by both parties.
VII. COMPENSATION/BUDGET
Work described in this MOU will be funded through the Federal Highway Safety Program Grant. Program funding will be available during the 2024 Federal Fiscal Year. Once a grant has been awarded and becomes effective, the OTS reimburses the subrecipient for actual expenditures related to approved activities. Only costs accrued within the approved grant period and that do not exceed the federally obligated funds as indicated in the agreement are reimbursed.
VIII. CONFIDENTIALITY
The City and Street Racing Kills shall maintain the confidentiality of all clients’ records and information, in accordance with all applicable federal, State, and local laws, regulations, ordinances, and directives regarding confidentiality. The City and Street Racing Kills shall inform all its officers, managers, supervisors, employees, and agents accessing the data hereunder of the confidentiality requirements of this MOU. The City and Street Racing Kills will not disclose records or information pertaining to the properties receiving environmental review services, except as required or permitted by law.
IX. INDEMNIFICATION
Street Racing Kills shall be responsible for and shall defend and hold harmless and indemnify the City of Commerce, its elected and appointed officials, employees, and agents from all costs and claims for damages whatsoever by any third party relating to or resulting from the actions of Street Racing Kills arising out of or in connection with the services, work, operation or activities of Street Racing Kills, its agents, employees, and officials, in relation to the rendition of services according to this MOU.
X. TERMINATION
Either Party may terminate this MOU at any time, with or without cause, upon providing at least 30 calendar days advance written notice to the other Party. Any written notice of termination shall state the date that termination shall become effective.
XI. AMENDMENTS
It is mutually agreed that this MOU may be modified or amended by mutual consent, and such modification shall be in writing and effective upon the execution of a written amendment to this MOU by both parties hereto.
XII. DESIGNATION OF RESPONSIBLE PARTIES
Any and all notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the designated Party representative. The following persons, identified by position and title, have been designated as the responsible parties for all communications related to the MOU:
CITY OF COMMERCE
Edgar Cisneros, City Manager
2535 Commerce Way
Commerce, CA 90040
(323) 722-4805
[email protected]
STREET RACING KILLS
Lili Trujillo Puckett, Executive Director
3545 Lomita Boulevard, Suite D
Torrance, CA 90505
(310) 303-0164
[email protected]
The undersigned hereby represent and acknowledge that they are duly authorized to execute this MOU on behalf of the entity for which they sign and are in agreement with all terms and conditions and hereby the MOU is being executed by the following parties as this ____ day of _______________, 2022.
CITY OF COMMERCE
By
EDGAR P. CISNEROS, City Manager
STREET RACING KILLS
By ____________
LILI TRUJILLO PUCKETT, Executive Director
APPROVED AS TO FORM:
By______________________________________________
NOEL TAPIA, City Attorney