HomeMy WebLinkAbout2010-07-21 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 07 -21 -10
PREPARED BY: Public Safety Craig Woolery
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Pass a motion adopting a resolution accepting grant funding in the amount of $1,140.00 from
the Minnesota Institute of Public Health to the Police Division to assist with alcohol compliance
checks and authorize the Police Division to enter into a grant agreement with Minnesota
Institute of Public Health.
STAFF RECOMMENDATION
Pass a motion adopting a resolution accepting grant funding in the amount of $1,140.00 from
the Minnesota Institute of Public Health to the Police Division to assist with alcohol compliance
checks and authorize the Police Division to enter into a grant agreement with Minnesota
Institute of Public Health.
SUPPORTING DOCUMENTS
MEMO /LETTER: Memo dated July 14, 2010 from Sergeant Mike Coffey
Grant Agreement
RESOLUTION
ADMINISTRATORS COMMENTS
Administrator
Date
RESOLUTION NO. 10- [Resolution Number]
WHEREAS, the Cottage Grove Police Division has received funding
through a grant from the Minnesota Institute of Public Health, and
WHEREAS, the Cottage Grove Police Division is to use this funding to
assist with our alcohol compliance checks, including the reimbursement of
officer's overtime to conduct the checks, and
WHEREAS, the Minnesota Institute of Public Health is contracted by the
Minnesota Department of Public Safety to administer an Alcohol Compliance
Check and Alternate Underage Drinking Enforcement Grant program and,
WHEREAS, the Federal funds for this grant contract are provided under
the U.S. Department of Justice's enforcing Underage Drinking Laws Program to
enforce underage drinking laws and educate alcohol retailers and community
members regarding underage drinking laws.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of
Cottage Grove, County of Washington, State of Minnesota, accept on behalf of
the Cottage Grove Police Division, grant funding from the Minnesota Institute of
Public Health, in the amount of $1,140.00 and authorize the Police Division to
enter into a grant agreement with the Minnesota Institute of Public Health.
Passed this 21 st day of July, 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
As we have previously discussed, we were successful with our grant application to the
Minnesota Institute of Public Health. This grant awarded us $1,140.00 to assist us with
our alcohol compliance checks. There are no matching funds required.
Per the guidelines of this grant, we need to complete one round of checks between now
and December 15 of this year. A second check then needs to be done between
January 1 St and May 31 of next year. The grant funds can be used for a variety of
ways including the reimbursement of Officer's overtime to conduct the checks.
Today I did receive a signed copy of the grant agreement from the Minnesota Institute
of Public Health(MIPH). I have attached a copy for your review. I will retain the two
originals until the process is completed on our end and we can sign the agreement.
At this time I am requesting that we submit to Council a resolution allow us to enter into
a grant agreement with MIPH. Upon the successful passing of that resolution, I will get
the agreement signed and then returned to the appropriate people. I will also submit a
press release for your review to announce the grant. This is a new requirement of the
grant.
Please let me know if you have any further questions, or if you require any additional
information.
THIS GRANT AGREEMENT ( "Agreement ") is made this I st day of July, 2010 (the
"Effective Date "), by and between the Minnesota Institute of Public Health ( "MIPIi ") and
Cottage Grove Police Department ("Grantee"),
WHEREAS, MIPII is contracted by the Minnesota Department of Public Safety to
administer an Alcohol Compliance Check and Alternate Underage Drinking Enforcement Grant
program.
WHEREAS, the Federal funds for this grant contract are provided under the U.S.
Department of Justice's Enforcing Underage Drinking Laws Program to enforce underage
drinking laws and educate alcohol retailers and community members regarding underage
drinking laws.
WHEREAS, the Grantee wants and is willing to enforce underage drinking laws in its
jurisdiction.
WHEREAS, the parties hereto desire to enter into a working relationship; and
WHEREAS, the parties hereto have agreed as to various matters concerning the
organization and operation of such a working relationship, and wish a written memorandum of
their agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
set forth, the parties hereto hereby agree as follows:
I. Term and Termination of Agreement
A. The term of this Agreement shall be from the Effective Date and continuing until
May 31, 2011 (the "Expiration Date "), or until the contracted Services have been completed, or
the maximum dollar amount has been reached, whichever occurs first. Notwithstanding the
foregoing, this Agreement shall remain in effect with respect to any Schedules then in effect on
the date of termination or Expiration Date until the date on which such Schedules are themselves
tenninated or are otherwise completed. It is also contingent upon, and subject to, a successfully
executed and signed contract between MIPH and the Minnesota Department of Public Safety
(the "Prime Agreement ").
B. Either party shall have the right at any time to terminate this Agreement and/or
any Schedule without cause upon fifteen (15) days written notice. In event of such termination,
Grantee's sole and exclusive remedy shall be limited to payment (on a pro -rata basis if fixed fee)
for Services rendered and expenses properly incurred through the date of termination.
C. Either party shall have the right to terminate this Agreement and /or any
Schedule(s) immediately in the event of a material breach of this Agreement and/or any
Schedule(s) by the other party, which breach remains uncured for a period of ten (10) days after
written notice reasonably specifying the nature of the breach is given to the breaching party.
D. Upon receiving notice from MIPH to stop work, Grantee shall cease all work
under this Agreement. Grantee will not be paid for fees or expenses incurred as of the effective
date of any such stop work notice until or umless Grantee is instructed to resume work.
Compliance Check Grant Contract 2010 -2011
Minnesota Institute of Public Health and Cottage Grove Police Department
Ih Duties
A. The Grantee shall
• Conduct independent compliance checks at licensed liquor establishments within its
jurisdiction.
• Conduct two compliance checks on each licensed establishment. Round I compliance checks
to be conducted between the dates of July 1, 2010, and December 15, 2010. Round 2
compliance checks to be conducted between the dates of January 1, 2011, and May 31, 2011.
• Issue two news releases to include, first, an announcement of the grant funding and intent to
conduct compliance checks and, second, to announce the results of the compliance check
operations.
• Report findings back to MIPH using the MIPH approved reporting form.
• Report all licensed liquor establishments failing compliance check to local liquor license
issuer to impose penalties pursuant to Minn. Stat. § 304A.415.
• Grantee will comply with the Single Audit Act Amendments of 1996 and Office of
Management and Budget Circular A -133.
• Ensure the compensation under this grant contract provides for officer overtime and actual
expenses and resources expended to conduct compliance check operations. Federal funds
must not supplant existing resources.
• To help fulfill MIPH Federal reporting requirements, Grantee must report expenses and
resources expended to conduct underage drinking enforcement operations that are not
reimbursed through this grant contract. There is no requirement for other funds to be used to
support checks, but where other funds are used, it must be reported.
B. MIPH shall:
Provide technical assistance to Grantee for performance of duties within this grant contract.
Provide reporting and invoicing forms to Grantee. MIPH may modify or change all forms at
their discretion during the grant term.
Compensate Grantee promptly for duties satisfactorily performed under this grant contract as
described under Consideration and Payment.
C. Payment of undisputed fees for Services shall be made thirty (30) days after
MIPFFs receipt of invoice submitted by Grantee.
III. Consideration and Payment
MIPH will pay for all services performed satisfactorily by Grantee under this grant contract as
follows:
• The Grantee will be paid an amount not to exceed $1,140.00 based on the following method
of payment: $30.00 per completed compliance check.
• The total obligation of MIPH for all compensation and reimbursements to the Grantee under
this contract will not exceed $1,140.00
MIPH will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and MIPH accepts the invoiced services. Invoices must be submitted
timely and according to the following schedule. Itemized invoices will be filed in arrears and
upon completion of each round of compliance checks. Invoices must be submitted and received
by MIPH no later than December 31, 2010 for Round 1 compliance checks and no later than
Compliance Check Grant Contract 2010 -2011
Minnesota Institute of Public Health and Cottage Grove Police Department
June 5, 2011, for Round 2 compliance checks. The Grantee will not receive payment for work
found by MIPH to be unsatisfactory, outside the dates of this grant contract, or performed in
violation of federal, state, or local, law.
Payments under this grant contract will be made from Federal funds, obtained by MIPH under
contract to the Minnesota Department of Public Safety pursuant to CFDA number 16.727. The
Grantee is responsible for compliance with all federal requirements imposed on these funds and
accepts full financial responsibility for any requirements imposed by the Grantee's failure to
comply with federal requirements.
Grantee must provide itemized reporting of licensed establishments checked but is not required
to submit itemized listing of expenses. Grantee assumes responsibility for ensuring that grant
contract compensation provides for actual expenses and resources expended to conduct
compliance check operations. Allowable costs that may be reimbursed through this grant
contract include:
1) Officer overtime and fringe costs,
2) Payment to underage purchasers
3) Officer and underage purchaser meals at or below state allowances (currently $7.00
breakfast, $9.00 lunch, $15.00 dinner. Breakfast reimbursement may be claimed if
leaving before 6:00 a.m. Lunch reimbursement may be claimed if travel is more than 35
miles from office. Dinner reimbursement may be claimed if officer cannot return until
after 7:00 p.m.
4) Mileage at the federal rate (currently $.50 per mile).
The grant contract funds may not be used for the purchase of alcohol from a compliance check
failure ( "buy money ").
Agreement to the grant contract indicates Grantee's certification that Federal funds will not be
used to supplant State or local funds Federal funds must be used to supplement existing funds for
program activities and must not replace those funds that have been appropriated for the same
purpose.
IV. AMENDMENTS
Any amendments to this Agreement shall be in writing, signed by the parties.
V. INDEPENDENT CONTRACTOR RELATIONSHIP
Grantee is an independent contractor, and is not an employee, servant, agent, partner, or
joint venturer of MIPH. Neither party to this Agreement will have any authority to bind or
represent the other party. MIPH shall identify and request the Services to be performed, but
Grantee shall determine the legal means by which all Services are to be accomplished. MIPH is
not responsible for withholding, and shall not withhold, FICA or any other employment - related
taxes of any kind from any payments made to Grantee. Neither Grantee, its employees, nor any
subcontracted personnel shall be entitled to receive any benefits which employees of MIPH are
entitled to receive, nor shall Grantee, its employees or subcontracted personnel be entitled to
receive from or through MIPH workers' compensation, unemployment compensation, medical
Compliance Check Grant Contract 2010 -2011
Minnesota Institute of Public Health and Cottage Grove Police Department
insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or Social Security
on account of Services performed under this Agreement.
Grantee is responsible for overseeing and managing the tasks and functions for the
Services provided under this Agreement. Grantee shall not subcontract with any third party for
the performance of any Services to be provided MIPH without in each instance obtaining the
prior written consent of MIPH to Grantee's use of such third party subcontractor and the
subcontractor's individual personnel proposed to be assigned to perform Services, which consent
may be withheld in MIPH's sole and absolute discretion. Such third party subcontractor and the
subcontractor's individual personnel for whom MIPH's prior written consent may subsequently
be given are hereafter referred to as "Permitted Subcontractors ". Grantee shall require each
Permitted Subcontractor to agree in writing to perform in accordance with, and subject to the
terms of this Agreement prior to the performance of any Services by such Permitted
Subcontractor. Grantee shall make reasonable efforts to honor specific requests by MIPH with
regard to Grantee's Employees, including replacements thereof, who are assigned to perform
Services and any other aspect of obtaining the desired results under this Agreement.
VI. INDEMNIFICATION
To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless
MIPH, its trustees, officers, employees and Affiliates from and against all claims, demands,
suits, actions, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances,
orders, fines, penalties and awards, including, without limitation, reasonable attorneys fees,
expert witness fees and court costs, (all of which are collectively referred to as "Claims ") arising
out of any of the following:
A. Grantee's performance of Services and provision of the Deliverables, Grantee's
failure to perform under this Agreement and /or Grantee's breach of this Agreement.
B. Claims relating to bodily injury to or death of any person or damage to real
property and/or tangible or intangible personal property, incurred while Grantee is performing
Services and to the extent caused by the negligent or willful acts or omissions of Grantee, its
Employees, Permitted Subcontractors or agents in the performance of the Services hereunder.
C. Claims arising out of any disputes between Grantee and Grantee's employees
and/or Permitted Subcontractors, including without limitation, Employee Related Claims.
"Employee Related Claims" means any pending, threatened or future action, suit, arbitration,
inquiry, proceeding or investigation by or before a court, arbitrator, governmental or other
regulatory or administrative agency or commission, whether civil, criminal or other, and whether
known or unknov�m, fixed or contingent, or matured or unmatured at the Effective Date or at any
time before or after the Effective Date for any and all Claims, incurred in connection with the
Agreement that arise in connection with or relate to any of Grantee's or any of its Permitted
Subcontractor's employees or classification of employees, the terms or conditions of such
employment, any accident, illness, injury or other harm of any nature arising in connection with
or relating to such employment, or the termination of such employment.
D. Claims that any Services or Deliverables provided by Grantee hereunder infringe
upon any existing or future patent right, copyright, trade secret or other Intellectual Property
Right. Grantee will defend such Claim at its expense and will pay all costs and damages that may
be awarded against MIPH, its trustees, officers, employees and /or Affiliates incurred and
resulting therefrom. Grantee will not be obligated to indemnify MIPH hereunder, however, if
Compliance Check Grant Contract 2010 -2011
Minnesota Institute of Public Health and Cottage Grove Police Department
the claim of infringement is caused by MIPH's modification of such Deliverables. If any such
Deliverables are, or in either MIPH's or Grantee's opinion are likely to be, held to constitute an
infringing product, Grantee shall promptly at Grantee's option and at Grantee's sole cost and
expense either (a) procure the right for MIPH to continue using it, or (b) modify it so that it is
non- infringing, provided that such Deliverable as modified must be functionally equivalent and
perform and conform in all material respects to the specifications and requirements, or (c)
replace it with a non - infringing functionally equivalent that performs and conforms in all
material respects to the specifications and requirements. If none of the options in the preceding
sentence are reasonably available and/or practical after Grantee has exercised its best efforts to
implement said options, Grantee shall refund to MIPH all amounts paid by MIPH to Grantee
pertaining to such Deliverables under this Agreement, and Grantee shall remain liable for all
other damages and remedies available to MIPH which are expressly reserved.
VII. WARRANTIES
Grantee warrants that (a) Grantee, its Employees and Permitted Subcontractors, if any,
shall have and maintain the requisite technical knowledge, skills, abilities, licenses and
qualifications to provide the Services and Deliverables, (b) Grantee shall comply with all
applicable local, state and federal ordinances, laws and regulations in providing the Services and
Deliverables, (c) all Services to be performed hereunder will be performed in good faith and in a
good, professional, workmanlike, competent and timely manner, in conformity with all
applicable standards and the requirements of this Agreement and the respective Schedules, and
(d) Grantee's performance of Services does not and will not violate the terms and conditions of
any other contract or obligation of Grantee.
VIII. GOVERNING LAW
The formation, interpretation and performance of this Agreement and any disputes arising
out of it shall be governed by the substantive and procedural laws of the State of Minnesota and,
to the extent applicable, the laws of the United States of America. This Agreement is deemed to
be executed in Minnesota and the parties hereby consent to the jurisdiction of the State and
Federal Courts located in Mimnesota for such disputes. All litigation arising out of this
Agreement must be brought in Courts located in Hennepin County, Minnesota.
IX. AUTHORIZED REPRESENTATIVE
MIPH's Authorized Representative is Sheila Nesbitt, Grant Consultant, 2720 Highway 10 NE,
Mounds View, MN 55112, 763 - 427 -5310 x128, snesbitl,61,i iph.org or her successor, and has
the responsibility to monitor the Grantee's performance and the authority to accept the services
provided under this grant contract. If the services are satisfactory, MIPH's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is Sgt Mike Coffey, Cottage Grove Police Department,
7516 80th St S , Cottage Grove, MN 55016. If the Grantee's Authorized Representative changes
at any time during this contract, the Grantee must immediately notify MIPH.
Compliance Check Grant Contract 2010 -2011
Minnesota Institute of Public Health and Cottage Grove Police Department
X. FORCE MAJEURE
Neither party shall be liable for the non - performance of its obligations under this
Agreement for a maximum period of sixty (60) days if such non- performance is caused by acts
of civil or military authority, civil disturbance, war, terrorism, explosions, fires, earthquakes,
floods or other acts of God ( "Force Majeure Event "). The parry so affected shall give notice to
the other party and shall do everything reasonably possible to resume performance. If the period
of non - performance exceeds sixty (60) days from the receipt of notice of the Force Majeure
Event, the party whose ability to perform has not been so affected may terminate the Agreement
and /or any applicable Schedule(s) upon written notice.
XI. Assignment
Grantee shall neither assign nor transfer any rights or obligations under this Agreement
without the prior written consent of MIPH. Any attempted assignment in contravention of this
Section shall be null and void.
IN WYrNESS WHEREOF, the parties hereto have hereunto set their hands and seals the
day and year first above written.
Date:
The Grantee certifies that the
appropriate person(s) have executed
the grant contract on behalf of the
Grantee as required by applicable
articles, bylaws, resolutions, or
ordinances.
Date: 7 �0
Cottage Grove Police Department
Signed:
Title:
Minnesota Institute of Public Health
Signed: d19�r�rc:,
Title: � ?� L a ?2�1
Compliance Check Grant Contract 2010 -2011
Minnesota Institute of Public Health and Cottage Grove Police Department