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HomeMy WebLinkAbout2011-032 Council Resolution• • • Council MemberRoeser introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -32 RESOLUTION ACCEPTING $4,000 GRANT FROM STATEWIDE HEALTH IMPROVEMENT PROGRAM FOR CONSTRUCTION OF A COMMUNITY GARDEN WHEREAS, The City of Lino Lakes has applied to Anoka County through its Community Health & Environmental Services Department for funds to create a sustainable public community garden; and WHEREAS, Anoka County has accepted grant funds from the Minnesota Department of Health through its Statewide Health Improvement Program (SHIP) for the purposes of implementing policies and practices that create active communities; and WHEREAS, Anoka County wishes to enter into an agreement with the City of Lino Lakes for these services. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members do hereby accept the grant of $4,000. Ju ie Bartell, City rk Jeff Rei - rt, Mayor Adopted by the Lino Lakes City Council this 14th day of March, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: Roeser, Gallup, Rafferty, Reinert The following voted against same: none (Absent - O'Donnell) Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM NO. 6G STAFF ORIGINATOR: Marty Asleson, Environmental Coordinator DATE: March 14, 2011 TOPIC: Consider Resolution No. 11 -32, Statewide Health Improvement Program Award VOTE REQUIRED: Simple Majority BACKGROUND: The Community Development Department was recently notified that our grant application for construction of a community garden was selected for funding by Anoka County's Community Health & Environmental Services Department for a Statewide Health Improvement Program (SHIP) award. The grant award is in the amount of $4,000. The grant is for the purpose of extending a water system to the garden plot area and supplies to support the extension project. OPTIONS: Approve Resolution No. 11 -32, accepting the award and direct staff to execute the Grant Agreement with Anoka County 2. Do not approve Resolution No. 11 -32. RECOMMENDATION: Option 1. • • • #11-2005 STATEWIDE HEALTH IMPROVEMENT PROGRAM LETTER OF AGREEMENT between ANOKA COUNTY AND The City of Lino Lakes THIS AGREEMENT is entered into between Anoka County through its Community Health & Environmental Services Department (Department), 2100 Third Avenue, Anoka, MN 55303 -5041, and The City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014. RECITALS: (1) As Grantee, Anoka County has accepted grant funds from, and entered into a Grant Agreement with, the Minnesota Department of Health based on Grantee's Action Plan. (2) Anoka County included grant activities associated with implementing policies and practices that create active communities. (3) The City of Lino Lakes represents that it is qualified and willing to furnish these services. (4) Anoka County wishes to enter into an agreement with The City of Lino Lakes for these services. NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, Anoka County and The City of Lino Lakes agree as follows: 1. TERM 1.1 This Agreement begins on March 14, 2011, and ends on June 30, 2011, unless earlier terminated as provided in Section 11. TERMINATION. 2. SERVICES 2.1 The City of Lino Lakes agrees to have dedicated staff to work with the Department and provide services described in Attachment B, unless otherwise modified and approved by the Department. 2.2 The City of Lino Lakes agrees and acknowledges that Anoka County is subject to the terms of the Minnesota Department of Health Statewide Health Improvement Program (SHIP) Grant Project Agreement, which terms relate to the activities that are funded by this agreement. The City of Lino Lakes agrees to comply with the terms in the SHIP Grant Project Agreement. 2.3 The City of Lino Lakes agrees to grant Anoka County and the State of Minnesota the right to make, have made, reproduce, modify, distribute, perform or otherwise use the materials (as described in the SHIP Grant Project Agreement and Master Grant Contract for Community Health Boards) that are conceived or created by The City of Lino Lakes under this Agreement. 3. FUNDING 3.1 The total amount paid to The City of Lino Lakes under this agreement shall not exceed $4,000. • 3.2 The cost of this Agreement is based upon the budget submitted by The City of Lino Lakes and approved by the Department. 3.3 The City of Lino Lakes will submit monthly invoices on Department approved forms to the Department based on actual expenses for services provided during that calendar month. • 3.3.1 The City of Lino Lakes will submit the invoices to Anoka County Community Health & Environmental Services Department, 2100 Third Avenue, STE 600, Anoka, MN 55303- 5041, no later than the 15th day of the month following the month the expenses were incurred. 3.4 Within 30 days after receiving a properly completed invoice, Anoka County will pay The City of Lino Lakes in the manner provided by law for paying claims against Anoka County. 3.5 Anoka County may modify amounts under this agreement based upon actual expenditures and subject to the review and recommendations by the Department. 3.6 The City of Lino Lakes agrees to request the Department's written approval for any budget change, including any change in the line item budget, submitted by The City of Lino Lakes to the Department. 3.7 The City of Lino Lakes will repay Anoka County within 30 days for any funds not expended on permitted activities under this Agreement. 4. STANDARDS AND ASSURANCES 4.1 The City of Lino Lakes agrees to the provisions set forth in Attachment A — the Community Health Standards Assurances and Certifications. 5. NO CO- PARTNERSHIP 411 5.1 Nothing in this agreement creates or establishes a co- partner relationship, a joint venture, or an association with or between The City of Lino Lakes and the County. 5.2 Nothing in this agreement makes Grantee, including its officers, employees, and agents, the agent, representative or employee of the County for any purpose whatsoever. 6. AUDIT AND RECORDS RETENTION 6.1 The City of Lino Lakes agrees that its records, documents, accounting procedures and practices, and other papers relevant to this agreement are subject to examination, duplication, transcription, and audit by Anoka County, Legislative or State Auditor under Minn. Stat. § 16B.06, subd. 4, and MHFA. 6.2 The City of Lino Lakes agrees to maintain required records for at least 6 years after it receives final payment or this Agreement terminates, whichever is later. 7. INDEMNIFICATION 7.1 The City of Lino Lakes agrees to hold harmless, indemnify, and defend Anoka County, its commissioners, officers, agents, and employees against any and all claims, expenses, (including attorneys fees), losses, damages, or lawsuits for damages, arising from or related to performing or failing to perform activities under this agreement, including but not limited to the negligence of The City of Lino Lakes. • 7.2 Section 7. INDEMNIFICATION provisions do not independently create liability as to any third party. 7.2.1 These provisions are intended to protect Anoka County from any liability related to activities performed by The City of Lino Lakes under this Agreement. 2 7.3 Nothing in this Agreement waives any limitation on liability provided by Minn. Stat. Chap. 466 • or Minn. Stat. §§ 3.732 et seq. or any other applicable law. 8. INSURANCE 8.1 The City of Lino Lakes agrees that, in order to protect itself as well as the County under Section 7. INDEMNIFICATION, it will have and keep in force insurance coverage in a minimum amount of $1,500,000 each occurrence for injuries to persons or damages to property which may arise from or in connection with the performance of project services by Grantee, its agents, representatives, employees or subcontractors. 8.2 Anoka County, its agents, officers, directors, and employees are to be covered as an additional insured for all liability coverages using ISO additional insured endorsement CG 20 10 in combination with CG 20 37 or substitute providing equivalent coverage, and under the commercial umbrella, if any. 8.3 The City of Lino Lakes will have Workers' Compensation coverage as required by the State of Minnesota. 8.4 The City of Lino Lakes will furnish the County with certificates of insurance and all necessary endorsements to confirm that Anoka County is named as an additional insured for general liabilility. 8.4.1 The County may withhold payment if Grantee fails to furnish certificates. • 9. SUBCONTRACTING AND ASSIGNMENTS 9.1 The City of Lino Lakes cannot subcontract unless Anoka County gives written approval. 10. MODIFICATIONS 10.1 To alter, modify, or amend this agreement, the parties must agree in writing signed by their authorized representative(s). 10.1.1 An interpretation that is not viewed as material by the parties does not require signatures. 11. TERMINATION 11.1 This Agreement will terminate upon at least 30 days written notice specifying the termination date, given by either party, with or without cause. 11.2 If the Minnesota Department of Health terminates funding used for this Agreement, Anoka County may terminate this Agreement immediately upon written notice delivered to The City of Lino Lakes. 11.3 Anoka County may terminate this Agreement immediately upon written notice delivered to The City of Lino Lakes for a material breach. A material breach is defined as: A violation of any pertinent statute, ordinance, rule, or regulation by The City of Lino Lakes, or failure by The City of Lino Lakes (including any employee or agent) to abide by any term, condition, or requirement in this Agreement. 11.3.1 If The City of Lino Lakes materially breaches this Agreement, Anoka County may recover from The City of Lino Lakes any damages sustained by Anoka County that directly or consequently arise from The City of Lino Lakes breach. 3 11.4 Indemnity, Audit and other affirmative obligations, such as records retention and data practices • provisions, survive this Agreement's termination. 12. NOTICE 12.1 Notice is to be given in writing, directed to The City of Lino Lakes or to Laurel Hoff, Public Health Nursing Director, at the address stated above, and either sent by mail or delivered in person. 12.2 When notice is served by mail, it is deemed received 3 days after mailing. 13. ENTIRE AGREEMENT 13.1 The parties' entire agreement is contained in this document. 13.2 All items referred to in this agreement are incorporated or attached and deemed to be part of the agreement. The City of Lino Lakes having signed this agreement, and the proper County officials having signed this agreement, the parties agree to be bound by its provisions. ANOKA COUNTY The City of Lino Lakes By: Jerry Soma Division Manager, Human Services Dated: APPROVED AS TO FORM: By: Assistant Anoka County Attorney Dated: • 4 By: Print Name: Title: Dated: Federal Tax Identification #: ATTACHMENT A COMMUNITY HEALTH STANDARD ASSURANCES AND CERTIFICATIONS • I. NON - DISCRIMINATION A. Anoka County is an Affirmative Action/Equal Opportunity Employer. In accordance with Anoka County policies and applicable federal and state laws against discrimination, Contractor will not illegally exclude any person from full employment rights or participation in any program, service or activity or deny the benefits of, or otherwise subject any person to discrimination under, any program, service or activity. • B. While performing the Contract, Contractor will not illegally discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, marital status, public assistance status, disability, sexual orientation, or age. C. Contractor will comply with any applicable federal or state law regarding non - discrimination, including the following laws that may be applicable: The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. §2000e, et seq., which prohibits discrimination in employment because of race, color, religion, sex or national origin; Executive Order 11246, as amended, which prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin, and supplemented with regulations at 41 C.F.R. pt. 60; The Rehabilitation Act of 1973, as amended 29 U.S.C. §701, et seq., and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act, which prohibits discrimination against qualified handicapped persons in the access to or participation in federally funded services or employment; The Age Discrimination in Employment Act of 1967, as amended, and Minn. Stat. §181.81, which generally prohibit discrimination because of age; The Equal Pay Act of 1963, as amended, 29 U.S.C. §206, which provides that an employer may not discriminate based on sex by paying employees of different sexes differently for the same work; Minn. Stat. Chap. 363, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, public assistance status, disability, sexual orientation, or age; Minn. Stat. § 181.59, which prohibits discrimination against any person by reason of race, color, or creed in any state or political subdivision contract for materials, supplies or construction; and The Americans with Disabilities Act of 1990, which generally prohibits discrimination based on disability. D. No funds received under the Contract will be used to provide religious or sectarian training or services. II. DATA PRACTICES A. Data collected, created, received, maintained, disseminated, or used for any purpose while Contractor is providing services under the Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, and rules adopted to implement the Act as well as other state and federal laws on data privacy. B. As to services provided pursuant to his Contract, Contractor agrees to comply with the statutes and rules, currently in effect and as amended, as if it were a governmental entity; pursuant to Minn. Stat. § 13.05, subd. 11, all remedies set forth in Minn Stat. § 13.08 may apply to Contractor. C. Contractor is not required under the Contract to provide public data to the public if that same data is available from Anoka County. D. CONTRACTOR agrees to comply with all applicable requirements in the regulations adopted under the Health Insurance Portability and Accountability Act (HIPAA), including specifically the privacy regulations in 45 C.F.R. Parts 160 and 164. III. RECORDS AUDIT /RETENTION A. Contractor agrees that its bonds, records, documents, accounting procedures and practices, and other papers relevant to the Contract are subject to examination, duplication, transcription, and audit by Anoka County, DHS (if services are funded under a DHS program), Legislative or State Auditor pursuant to Minn. Stat. § 16C.05, subd. 5, and U.S. Department of Health and Human Services; these documents are subject to review by the U.S. Comptroller General, or • a duly authorized representative, if federal funds are used for work under the Contract. B. Contractor agrees to maintain these documents for 6 years from the last date services were provided or payment made, or longer if an audit in progress requires a longer retention period. • IV. WORKER HEALTH, SAFETY, AND TRAINING A. Contractor is solely responsible for the health and safety of its employees and agents while they are performing work under the Contract and will ensure that personnel are properly trained and supervised and, when applicable, licensed or certified appropriate to the tasks engaged in under the Contract; Contractor will comply with the "Occupational Safety and Health Act" and the "Employee Right to Know Act," Minn. Stat. §§ 182.65 et seq., where applicable. V. FAIR HEARING / GRIEVANCE PROCEDURE A. Contractor agrees to have a grievance procedure for individuals receiving services under the Contract. VI. BACKGROUND CHECKS A. Contractor will comply with requirements in Minn. Stat. § 144A.46 and Minn. Stat. § 144.057 related to background studies for employees, contractors, and volunteers. VII. SERVICE PERFORMANCE A. Contractor agrees to comply with applicable federal and state laws, rules and regulations, as well as local ordinances that are in effect while providing Purchased Services. B. Except as otherwise specified in the Contract, Contractor will maintain control with respect to the methods, times, means and personnel used in providing Purchased Services. VIII. FINAL PAYMENT • • A. Under Minn. Stat. § 270C.66, final payment may be withheld until Contractor furnishes Anoka County with proof that all outstanding withholding taxes, penalties and interest are paid. B. Anoka County may require proof in the form of a certificate issued by the Commissioner of Revenue. IX. INDEPENDENT CONTRACTOR A. Contractor is, and will remain, an independent contractor with respect to all services performed under the Contract. B. Nothing in the Contract creates or establishes a co- partner relationship between Anoka County and Contractor or makes Contractor an agent, representative, or employee of Anoka County for any purpose. C. No benefits available to Anoka County employees will accrue to Contractor or Contractor's employees or agents performing services under the Contract. X. MINNESOTA LAW A. Minnesota laws govern all questions related to the Contract. B. The parties will venue any proceedings related to the Contract in the Anoka County District Court, State of Minnesota. XI. SUBCONTRACTORS A. Under Minn. Stat. § 471.425, Contractor must pay any subcontractor for undisputed services provided by the subcontractor within 10 days after Contractor receives payment for services; Contractor agrees to pay interest as provided in Minn. Stat. § 471.425 on any undisputed amount not paid on time. -2- XII. PREVAILING WAGE • A. Contractor will assure that any worker hired to provide services funded under the Contract who falls within any job classification established and published by the Minnesota Department of Labor & Industry will be paid, at a minimum, the prevailing wage rate as certified by that Department. XIII. SINGLE AUDIT ACT A. If applicable, CONTRACTOR will comply with the Single Audit Act of 1984 (Public Law 98 -502) as amended (31 U.S.C. chap 75) and OMB Circular A -128 (or A -133 or A -110 as applicable). XIV. CONTRACTOR DEBARMENT, SUSPENSION, AND RESPONSIBILITY • • Federal regulation (45 C.F.R. § 92.35) prohibits Anoka County from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Also Minn. Stat. § 16C.03 provides the Minnesota Commissioner of Administration with the authority to debar and suspend vendors. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process that they have abused the public trust in a serious manner. By signing this Contract, Contractor certifies that it and its principals* and employees: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with the federal, state or local governmental department or agency; and b. Have not within a 3 year period preceding this contract: 1. been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2. violated any federal or state antitrust statutes; or 3. committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and c. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2. violating any federal or state antitrust statutes; or 3. committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and d. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above. By signing this Contract, Contractor certifies that it and its principals* and employees shall immediately give written notice to Anoka County should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing: a public (federal, state or local) transaction or contract; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. *APrincipals for purposes of the certifications means: officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions. Rev. 10/13/10 -3- • • Scope of Services Timeframe for Services: March 14, 2011 - June 30, 2011 Attachment B to Contract # 11 -2005 Objective: Create a sustainable public community garden. This objective is supported by extending the water system that is available to the garden plot area. The community garden will be available to residents and will serve as a resource linking residents to available land for gardening and opportunities to be physically active. The City of Lino Lakes will continue the maintenance of the water system and garden plot area. The City of Lino Lakes will complete the extension of the water system to the community garden plot area, with costs for services and equipment not to exceed $4000, including the following actions: Breaking ground for the water line system Hook up the existing underground valve Extend pipe approximately 30 feet Provide blow -out point next to the service so it can be winterized Provide backflow preventer, water meter, and control box Additional equipment that will be included to support the Community Garden extension project: 10 garden hoses 10 hose splitters 10 hose ends