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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