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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.