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HomeMy WebLinkAbout4.1c Recovery Grant ContractSupplier Contract #200912, PO #5845 Vendor #197677 STATE OF MINNESOTA EXPLORE MINNESOTA FY2022 RECOVERY 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 S, 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. September 21, 2021, 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. June 30, 2022, 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: Execute projects which will directly contribute to the recovery of Minnesota’s tourism industry consisting of: general tourism marketing; meetings and conventions sales and/or support; marketing and/or operational support for new or existing events. The Grantee will perform according to the FY2022 Recovery Grant Guidelines which are incorporated into 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 $10,000 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 $10,000. 1 of 4 Supplier Contract #200912, PO #5845 Vendor #197677 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 for reimbursement must be submitted when all projects are completed but no later than August 15, 2022. 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 FY2022 Recovery 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, Industry Relations Rep, 121 7th Place E, #360, St. Paul, MN 55101, 651-757-1876/800-657-3637, 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 Julie Prior-Miller, City of Cottage Grove, 12800 Ravine Pkwy S, Cottage Grove, MN 55016, 651-458-2864, jprior@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 successors in office. 2 of 4 Supplier Contract #200912, PO #5845 Vendor #197677 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 Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent 3 of 4 9/29/21 FY2022 RECOVERY GRANT PROGRAM Reimbursement Invoice Contract #: 200912 PO #: 5845 Vendor #: 197677 Contract Effective Date: 09/29/2021 Contract Expiration Date: 06/30/2022 Fund: 1000 B201400 B2034420 441603 CONTACT: Julie Prior-Miller INDUSTRY RELATIONS REP: Lori Peterson PHONE: 651-458-2864 PHONE: 651-757-1876/800-657-3637 EMAIL: jprior@cottagegrovemn.gov EMAIL: lori.a.peterson@state.mn.us SUBMIT REIMBURSEMENT PACKET TO: Explore Minnesota, Dawn Bushman @ dawn.bushman@state.mn.us or PO Box 900, Pequot Lakes, MN 56472 when all projects are finished, but NO LATER THAN August 15, 2022. All submitted vendor invoices must have accompanying proofs of payment. City of Cottage Grove has been awarded $10,000 for eligible marketing tactics that fall under Consumer & Travel Trade; Mtgs/Convention & Group Business and Returning, Existing or New Public Events project types. VENDOR BRIEF PROJECT DESCRIPTION VENDOR INV TOTAL AMT TO REIMBURSE Vendor Invoice Total: Total Amount Requesting Reimbursement: I hereby agree that I have read and complied with the terms of the Explore Minnesota Recovery Grant Guidelines and Contract. The Project Summary Evaluation as well as all required documentation for each project type is included. All information provided is considered public information and may be used for reporting of the FY2022 Recovery Grant funding usage. Authorized Signature:________________________________________________________________________________________________________ Printed Name:____________________________________________________________________________________Date:___________________ FOR OFFICE USE ONLY Linked EMT Logo on Grantee Website Homepage Date all Required Documentation Received: _________________________ Approved Amount to Pay:_____________________ Industry Relations Rep Approval: _________________________________________________________ Date: ________________________________ FY2022 RECOVERY GRANT PROGRAM Project Summary & Evaluation Include this form with the Reimbursement Request Form for each project type you complete along with all vendor invoices and proof of payment no later than August 15, 2022. Include a screenshot of your organization's website homepage showing the linked Explore Minnesota logo. 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. All information provided is considered public information and may be used for reporting of the FY2022 Recovery Grant funding usage. A separate Project Summary & Evaluation Form is required for each advertising project type. Make additional copies as necessary. PO #: Evaluation: Include the project's goal, audience and description. Assess the value and effectiveness of the project. Outcome: Include your level of satisfaction with the project and return on investment. Remit to: Explore Minnesota, Dawn Bushman, dawn.bushman@state.mn.us Organization: Project Run Date(s):Vendor(s): Project Type: FY2022 RECOVERY GRANT PROGRAM RECONCILIATION & REIMBURSEMENT CHECKLIST Completed forms and all supporting documentation must be emailed to Dawn Bushman at dawn.bushman@state.mn.us no later than August 15, 2022. Any reimbursement request received after August 15, 2022 will not be accepted. All outstanding grant contracts after August 15, 2022 will be canceled and any expenses incurred by the grantee will be ineligible for reimbursement. Please see complete FY2022 Recovery Grant Program Guidelines for more information. REQUEST FOR REIMBURSEMENT Only one request for reimbursement per grant award; no partial reimbursements will be accepted. Failure to submit all required documentation for reimbursement will result in forfeiture of grant funds. Allow up to thirty (30) days for reconciliation, processing and receipt of funds once all required documentation material is received. Invoices All vendor invoices must be made out to the grantee and include: •Vendor name and address •Invoice date •Invoice number •Detail of project/tactic with date(s) of service •Run/publication dates, if applicable Advertising bundles or packages with any run dates outside the grant effective dates are ineligible. Pro-rated vendor invoices are ineligible. Post-dated vendor invoices for projects/tactics run prior to the date of a fully executed contract are ineligible. Prepayment for projects/tactics run outside the grant effective dates are ineligible. Proof of Payment Proof of payment documentation must reflect payment was made by the grantee. Qualifying proofs of payment are: •Official vendor statements showing a zero balance (paid-in-full) •Vendor receipt showing payment made •Copy of the canceled check, stub or credit card/bank statement (account information redacted or blurred) (Please note: an invoice stamped or written "PAID" does not qualify as proof of payment.) Page 1 of 2 Proof of Advertisement For the project types listed below, you must include proof of advertising: •Digital - screenshot of advertisements •Advertising projects •Billboard/out-of-home - photo or screenshot •Print - copy or tear sheet •Social media advertising - screenshot of posts •Radio/voice - copy of script •Promotional video/television broadcast - link to video •Direct mail - original copy of direct mail piece Reimbursement Checklist For all projects, you must include the following: Completed Reimbursement Request Form Completed Project Summary & Evaluation Form (one for each project type) Copies of vendor invoices Proofs of payment for all vendor invoices Proof of advertising project/tactic Screenshot of grantee's website home page with Explore Minnesota logo linked to: exploreminnesota.com Page 2 of 2