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HomeMy WebLinkAbout4.3c Explore Minnesota 2020-21 Marketing Crisis Grant Contract Phase 1Supplier Contract #187239, PO #5569 Vendor #197677 Marketing Grant (Rev. 2017) 1 STATE OF MINNESOTA EXPLORE MINNESOTA 2020-21 MARKETING CRISIS GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Director of Explore Minnesota Tourism ("State") and City of Cottage Grove, 12800 Ravine Pkwy, Cottage Grove, MN 55016 ("Grantee"). Recitals 1. Under Minn. Stat. 116U.30, the State is empowered to enter this grant. 2. The State needs supporting marketing programs initiated by the Minnesota tourism industry to stimulate travel, and for the inclusion of Explore Minnesota’s brand for amplification and visibility for the benefit of the entire state’s tourism industry. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn. Stat. §16B.98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date. July 1, 2020, or the date the State obtains all required signatures under Minn. Stat. §16B.98, Subd. 5, whichever is later. Per Minn. Stat. §16B.98, Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State’s Authorized Representative to begin the work. 1.2 Expiration date. April 30, 2021, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Provide support to the state’s tourism industry by promoting and facilitating marketing initiatives which include the following activities: Consumer, Travel Trade, Meetings & Sports Advertising; Direct Mail, Research Projects, Public Relations, and Trade Shows. The Grantee will perform according to the Marketing Grant Guidelines which are incorporated in to this contract by reference and comply with required grants management policies and procedures set forth through Minn. Stat. §16B.97. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation. The Grantee will be paid $1,000 for supporting marketing programs that will help promote and stimulate the state’s tourism industry. (b) Travel Expenses. Not applicable. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $1,000. Supplier Contract #187239, PO #5569 Vendor #197677 Marketing Grant (Rev. 2017) 2 4.2 Payment. Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Reimbursement Deadline. Requests must be submitted when all projects are completed but no later than April, 30, 2021. Partial grantee requests for reimbursement will not be accepted. Supporting Documentation. To receive payment, submit a completed Reimbursement Request Form and any required supporting documentation as outlined in the 2020-21 Crisis Marketing Grant Guidelines. Matching Funds. State funds paid to the grantee under this contract may not be used to match other state funds. 4.3 Contracting and Bidding Requirements. (a) Any services and/or materials that are expected to cost $25,000 or more must undergo a formal notice and bidding process. (b) Any services and/or materials that are expected to cost between $10,000 and $24,999 must be scoped out in writing and offered to a minimum of three (3) bidders. (c) Any services and/or materials that are expected to cost between $5,000 and $9,999 must be competitively based on a minimum of three (3) verbal quotes Support documentation of the bidding process utilized to contract services must be included in the grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. (d) Support documentation of the bidding process utilized to contract services must be included in the grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. (e) For projects that include construction work of $25,000 or more, prevailing wage rules apply per; Minn. Stat. §177.41 through §177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community. A prevailing wage form should accompany these bid submittals. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. All projects and expenditures must follow the Marketing Grant Guidelines which are incorporated in this contract by reference. 6 Authorized Representative The State's Authorized Representative is Lori Peterson, Metro Region Partner Relations Rep, 121 7th Place East, Suite 360, Saint Paul, MN 55101, 651-757-1876 or 888-876-6784, lori.a.peterson@state.mn.us, or his/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, the State's Authorized Representative will certify acceptance on each reimbursement submitted for payment. The Grantee’s Authorized Representative is Matt Wolf, Cottage Grove Convention & Visitor’s Bureau, 12800 Ravine Pkwy, Cottage Grove, MN 55016, 651-458-2833, mwolf@cottagegrovemn.gov. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their Supplier Contract #187239, PO #5569 Vendor #197677 Marketing Grant (Rev. 2017) 3 successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. §16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 10.2 Intellectual Property Rights. N/A 11 Workers’ Compensation The Grantee certifies that it follows Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue 01.12.21 2020-21 CRISIS MARKETING GRANT REIMBURSEMENT GRANTEE #: 197677 Contract Effective Date: Jan 12, 2021 FUND: 1000 CONTRACT #: 187239 APPROP: B201400 PO #: 5569 Contract Expiration Date: April 30, 2021 FINDEPTID: B2034420 CONTACT: REGIONAL MGR: Lori Peterson PHONE: EMAIL/PHONE: lori.a.peterson@state.mn.us / 651-757-1876 or 800-657-3637 EMAIL: Matt Wolf 651-458-2833 mwolf@cottagegrovemn.gov Remit to: Explore Minnesota, PO Box 900, Pequot Lakes, MN 56472 City of Cottage Grove has been awarded $1,000. Partial requests for reimbursement will not be accepted. Submit this form when all projects are finished, but NO LATER THAN May 31, 2021. All submitted vendor invoices must have an accompanying proof of payment. Advertising and/or Direct Marketing Projects PROJECT TYPE PROJECT DESCRIPTION LOGO Y/N VENDOR INV TOTAL AMT TO REIMBURSE Total Amount Requesting Reimbursement: $__________________ I hereby agree that I have read and complied with the terms of the Explore Minnesota Marketing Grant Guidelines and Contract. The Project Summary Evaluation as well as all required documentation for each project type is included. Authorized Signature: ______________________________________________________________________________________ Printed Name: ___________________________________________________________________ Date: ___________________ FOR OFFICE USE ONLY In/Out State % Met Linked EMT Logo on Grantee Homepage EMT Logo on Marketing/Advertising Project Completion Date: ________________________Date all Required Materials Received: _________________________ Final Reviewed/Approved Amount to Pay: _____________________ Regional PR Rep Approval: __________________________________________________________ Date: ________________________________ 2020-21 CRISIS MARKETING GRANT Project Summary & Evaluation Email to: Explore Minnesota, Dawn Bushman, dawn.bushman@state.mn.us • Include this form with the Reimbursement Request Form for each project type you complete along with all supporting paid-in-full vendor invoices with proof of payment when project(s) are complete, but no later than May 31, 2021. • Include a screenshot of your organization’s tourism website homepage showing the Explore Minnesota logo. The logo must be linked to exploreminnesota.com. NOTE: Records must be kept for a period of six (6) years and be able to reproduce them should we be audited and need to substantiate program results. After six (6) years, you may dispose of the paperwork from this project. A separate Project Summary & Evaluation is required for each advertising project type. Make additional copies as necessary. Choose a project type for this summary: Print Digital Television Paid Social Media Radio Billboard Grantee: Supplier Contract # / PO #: Project Run Dates: Advertising Outlet: Project Evaluation: Include the project’s goal, audience and description(s). Assess the value and effectiveness of the project. Project Outcome: Include your level of satisfaction with the project and return on investment. For the online 2020-21 Grant Guidelines, visit: https://mn.gov/tourism-industry/industry-opportunities/grant-programs/marketing.jsp 2020-21 Marketing Crisis Grant Reimbursement Checklist Forms and all supporting documentation must be emailed or postmarked to Explore Minnesota no later than May 31, 2021. Only one submission per grant; no partial reimbursements will be accepted. For all projects, the following items are required for reimbursement:  Completed Reimbursement Request Form.  Completed Project Summary & Evaluation Form(s) for each project type.  Copies of all vendor invoices with dates of service.  Proof of payment for all vendor invoices. o Proof s of payment can include: vendor statements showing a zero balance (paid- in-full), vendor receipts showing payment made, copy of the canceled check, stub or credit card/bank statement showing payment with account information redacted.  Screenshot of grantee’s website home page showing Explore Minnesota logo in the footer. Logo must be linked to exploreminnesota.com. For the project types listed below, each project must show or recognize Explore Minnesota by logo, hashtag, handle or verbal (radio/voice-over). You must include proof.  Advertising Projects • Billboard/Out of Home – photo or screenshot • Print – copy or tear sheet • Digital – screenshot of advertisements • Social Media Advertising – screenshot of posts (#OnlyinMN hashtag for Twitter/Instagram and @ExploreMinnesota for Facebook) • Radio/Voiceover – copy of script • Promotional Video/Television Broadcast – link to video  Direct Mail – Original copy of direct mail piece