HomeMy WebLinkAbout6.c. Approval of Grant for the Purpose of Conducting Alcohol Compliance ChecksAGENDA ITEM: Approval of Grant Contract for the
Purpose of Conducting Alcohol
Compliance Checks
AGENDA SECTION:
Consent
PREPARED BY: Gary Kalstabakken, Chief of Police S
AGENDA NO. (0,C.
O
ATTACHMENTS: Resolution, Grant Contract
APPROVED BY: oQ
RECOMMENDED ACTION: Motion to authorize the execution of a grant with the
Minnesota Institute of Public Health to conduct alcohol compliance checks at each licensed
liquor establishment within the City.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: September 15, 2009
EXECUTIVE SUMMARY
ISSUE
The MN Institute of Public Health is contracted to administer Alcohol Compliance Check grants for.the
MN Department of Public Safety. Once grants are awarded, the receiving entity must accept the grant and
authorize a signatory to execute the grant.
BACKGROUND
A grant was submitted by the Police Department on July 28, 2009. The grant sought funds to conduct
compliance checks at each of the liquor licensees within our community. Each licensee will be checked
twice between the time of acceptance of the grant and May 31, 2010.
Reimbursement will be in the amount of $30 per check with a total amount not to exceed $1020. Funds
are used to pay the wages of the police officer's conducting the checks, paying cooperating underage
purchasers a small stipend and meals for the purchasers., and mileage.
Costs that are not reimbursed include the expense of any purchase of alcohol from a compliance failure.
If the actual costs of conducting the checks exceeds the $30 per check permitted in the grant, these funds
will be taken out of the Department's operating budget. Based on the costs associated with prior checks, it
is expected that all costs will be paid through the grant.
SUMMARY
The Council is asked to authorize the execution of a grant contract to conduct alcohol compliance checks.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2009
A RESOLUTION AUTHORIZING THE CITY OF ROSEMOUNT TO ENTER INTO A GRANT
AGREEMENT WITH THE MINNESOTA INSTITUTE OF PUBLIC HEALTH
WHEREAS, the City of Rosemount desires to participate in the Alcohol Compliance Check Grant
Program,
WHEREAS, the State of Minnesota requires a resolution of the City Council to participate,
WHEREAS, the City has entered into previous grants to conduct compliance checks and has also
conducted compliance checks without receiving grant funds,
WHEREAS, the City Councilors of the City of Rosemount have duly considered this matter and
believe that it is in the best interests of the City to enter into a grant agreement with the Minnesota
Institute of Public Health,
NOW THEREFORE, BE IT FURTHER RESOLVED that the Mayor of the City of
Rosemount is hereby authorized to execute such agreements and amendments as are necessary to
implement the project,
ADOPTED this 15th day of September 2009, by the City Council of the City of Rosemount.
ATTEST: William Droste, Mayor
Amy Domeier, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
GRANT CONTRACT
THIS AGREEMENT, made this 1st day of August, 2009, by and between the
Minnesota Institute of Public Health, 2720 Highway 10 NE, Mounds View, MN 55112
"MIPH and City of Rosemount Police Department "Grantee is as follows:
WITNESSETH:
WHEREAS, MIPH 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:
L
Term of Contract
The term of this Agreement is effective August 1, 2009, and expires May 31,
2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
Compliance Check Grant Contract 2009 -2010
Minnesota Institute of Public Health and City of Rosemount Police Department
IL
Respective Duties
The Grantee shall:
Conduct independent compliance checks at licensed liquor establishments within its
jurisdictions as specified in the Grantee's Compliance Check Application,
Attachment A, which is attached and incorporated into this contract and in the
applicable guidance that is incorporated by reference and made part of this grant
contract.
Conduct two compliance checks on each licensed establishment. Round 1 compliance
checks to be conducted between the dates of August 1, 2009, and December 15, 2009.
Round 2 compliance checks to be conducted between the dates of January 1, 2010,
and May 15, 2010.
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 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.
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.
Compliance Check Grant Contract 2009 -2010 2
Minnesota Institute of Public Health and City of Rosemount Police Department
IR
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 $1.020.00 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 $1,020.00.
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, 2009 for Round 1
compliance checks and no later than May 31, 2010, 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 (grant agreement `B-
29636"), 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 provided itemized reporting of licensed establishments checked but is not
required to submitted 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
Compliance Check Grant Contract 2009 -2010 3
Minnesota Institute of Public Health and Citv of Rosemount Police Department
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 $.55 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.
III.
Authorized Representative
MIPH's Authorized Representative is Sheila Nesbitt. Grant Consultant, 2720 Highway 10
NE, Mounds View, MN 55112, 763 427 -5310 x128, snesbitt@miph.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 Krista Erickson, City of Rosemount Police
Department, 2875 145th Street West Rosemount. MN, 55068. If the Grantee's
Authorized Representative changes at any time during this contract, the Grantee must
immediately notify MIPH.
IV.
Amendments
Any amendments or additions to this Contract shall be in writing, and shall be
executed by the same parties who executed the original Contract, or their successors in
office.
Compliance Check Grant Contract 2009 -2010
Minnesota Institute of Public Health and City of Rosemount Police Department
6
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.
VI.
Indemnification and Assignment
Grantee agrees to indemnify and save and hold the Minnesota Institute of Public
Health, its agents and employees harmless from any and all claims or causes of action
arising from the performance of this Contract. This clause shall not be construed to bar
any legal remedies MIPH may have for Grantee's failure to fulfill its obligations pursuant
to this Contract.
Grantee shall neither assign nor transfer any rights or obligations under this
Contract without the prior written consent of MIPH.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the day and year first above written.
City of Rosemount Police Department
Date: Signed:
By:
Title:
Date: Minnesota Institute of Public Health
Signed:
By:
Title:
Compliance Check Grant Contract 2009 -2010 5
Minnesota Institute of Public Health and City of Rosemount Police Department
Enforcing Underage Drinking Laws
2009 Compliance mpli
4 ance Check Grant Application
Minnesota Institute Of Public Health
Date of Application: "IuLi 2..009
Law Enforcement Agency Name: Rog.ti oA,nir po Lk. Lk o tt T
Chief Law Enforcement Officer Name: Cl trr F pfiy kca. STI}If3prv- tJ
Department Address: 2.V1-5 1451 $1 ‘PA-ST 12os-lYYNIANT 55 O to
Applicant Email Address: it ;s -son 0 ct .rofe,yatl At. wtn,Os
Law Enforcement Grant Applicant Name: v. s r p 62414y
Applicant Phone Number: t 1 2 ,3, A.1,11
Number of Sworn Officers in Department: 21
MN Tax ID c es7071'4 /Federal Employer ID 46.65
Anticipated dates when establishment compliance checks will be done
Round 1: 0 t.TO l34h2 2_00(1 1 Round 2: f 1zck1 7,010
(Eligible dates for Round 1 Augustl= Deceinber 31, 2009; Round 2: Januaryl -May 31, 2010)
Number of licenses in your jurisdiction:
Of total licenses, number of each below (No need to list individual licenses at this time)
of each license in
community
Business Type
Convenience Stores 1
Grocery Stores 1
Off-sale (liquor sales) 4
On -sale (bars) 3
Golf Courses 1
Restaurants 1,1'
Other (specify) 1 u1L'..nl-E, hvkxq
Signature of Gran
Print Name of Grant Applicant
Email application to cmish(miph.oro or fax to 763 -427 -7841 ext 130 by 1200 hours 31
July 2009. You may call 763 -427 -5310 ext. 130 to confirm receipt.