Loading...
HomeMy WebLinkAboutVIII-05 Authorize Signature - Statewide Health Improvement Partnership Grant - Joint Powers Agreement City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: January 9, 2024 Item: Statewide Health Improvement Partnership (SHIP) Grant Council Action Requested: Accept SHIP Grant and Approve Joint Powers Agreement Background Information: Each year Dakota County solicits projects to be funded through the SHIP Local Community Grants program. This year, City staff submitted a proposal for Recreation Programs and a Shared Recreation Equipment Library which was ultimately selected for $8,000 of funding. The planning and implementation efforts, led by staff, will consist of gathering community input through focus groups and surveys. All information gathered will be evaluated and incorporated into the development of programs and a shared library of recreation equipment. Staff are asking the Council to: 1) Accept the SHIP Grant of $8,000, 2) Approve the Grant Funding JPA between County and City. Financial Impact: Total costs based on current scope of work are $8,000 which will be reimbursed by Dakota County. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪ Joint Powers Agreement VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 1 of 17 SHIP Healthy Neighborhood – City of Hastings JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND CITY OF HASTINGS, MINNESOTA This Joint Powers Agreement (“Agreement”) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, by and through its Department of Public Health, and the City of Hastings, 920 W. 10th Street., Hastings, MN 55033 (“Contractor”), by and through their respective governing bodies. RECITALS WHEREAS, the County and the Contractor are governmental units as that term is defined in Minn. Stat. §471.59; WHEREAS, under Minn. Stat. §471.59, subd.1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting Parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; WHEREAS, the County has received a grant of monies from the State of Minnesota acting through the Minnesota Department of Health Grant Project Agreement No. 183510 for implementation of the County’s Statewide Health Improvement Program (“SHIP”); WHEREAS, the County is permitted to make sub-grants of its SHIP funds and the County has solicited and considered grant applications from entities for use of such funds; and WHEREAS, the County has awarded Contractor with SHIP funds as a Healthy Neighborhood Community Partner described herein based the grant expenditures outlined in Exhibit 2, Service grid. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the County and Contractor hereby agree as follows: 1. Effective Date. This Agreement shall be effective as of the dates of signature by the parties. 2. Purpose. The purpose of this Agreement is to provide funding by the County to the Contractor for its proposal as a Healthy Neighborhood Community Partner. All funds provided by the County are to be used by the Contractor solely for the purposes described in Exhibit 2, Service Grid. 3. Contractor obligations under State Contracts. The grant funds provided to Contractor under this agreement are subject to the terms and conditions contained in both the Master Grant Contract between Dakota County and the State of Minnesota dated September 18, 2019, as may be periodically amended, and the SHIP Grant Project Agreement between the Dakota County Community Health Board and the State of Minnesota dated October 1, 2020, as may be periodically amended, including amendments dated August 23, 2021 and October 18, 2022.(“State Contracts”). Contractor agrees to comply with all terms and conditions contained in such contracts that are applicable to the County. County will provide copies of these contracts to Contractor upon request. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 2 of 17 SHIP Healthy Neighborhood – City of Hastings 4. County Obligations. The County agrees to reimburse the Contractor in an amount not to exceed $8,000.00 for costs incurred in performing services fulfilling the Purpose described above from the Effective Date through June 30, 2025. 5. Reimbursement and Reporting. After this Agreement has been executed by both parties, the Contractor may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement. The County will reimburse the Contractor within 45 calendar days of the Contractor’s submission of invoices to the County. Invoices must be submitted using the form in Exhibit 3. All requests for reimbursement must be submitted by August 31, 2025. The Contractor must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the State Contracts, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. Contractor should provide their changes & testimonials and complete all of its responsibilities using the form in Exhibit 4, Community Partner Award Report. 6. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. The County's Authorized Representative is: Marti Fischbach, Community Services Director Telephone: 651-554-5742 Email: Marti.Fischbach@co.dakota.mn.us Liz Oberding or his/her successor, has the responsibility to monitor the Contractor’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The Contractor’s Authorized Representative is: Mary Fasbender Telephone: 651-480-2365 Email: MayorMary@hastingsmn.gov The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. 7. Assignment. The Contractor may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the Contractor. 8. Use of Subcontractors. Contractor shall not engage subcontractors under this Agreement without an amendment to this Agreement, signed by authorized representatives of both parties. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 3 of 17 SHIP Healthy Neighborhood – City of Hastings 9. Indemnification. To the fullest extent permitted by law, Contractor agrees to indemnify the County, its officers, employees, agents, and others acting on its behalf and to hold them harmless and defend and protect them from and against any and all loss, damage, liability, cost and expense, specifically including reasonable attorneys’ fees and other costs and expenses of defense, for any actions, claims or proceedings of any sort which are caused by any act or omission of Contractor, its officers, employees, agents, subcontractors, invitees, or any other person(s) or entity(ies) for whose acts or omissions Contractor may be legally responsible. Nothing herein shall be construed as a waiver by Contractor of any of the immunities or limitations of liability to which it may be entitled pursuant to Minn. Stat. Ch. 466 or any other statute or law. 10. Insurance Terms. In order to protect itself and to protect the County under the indemnity provisions set forth above, Contractor shall, at its expense, procure and maintain policies of insurance covering the term of this Agreement. All retentions and deductibles under such policies shall be paid by the Contractor. 11. Audit. The Contractor shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the Contractor shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The Contractor shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 12. Data Practices. The Contractor agrees with respect to any data that it possesses regarding the Agreement to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be amended from time to time. 13. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the Contractor, nor shall the County be considered or deemed to be an agent, representative or employee of the Contractor in the performance of this Agreement. Personnel of the Contractor or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15. Compliance with Law. The Contractor agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations, and further agrees to comply with Exhibit 1, Standard Assurances. The Contractor is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 4 of 17 SHIP Healthy Neighborhood – City of Hastings 16. Default and Remedies. (a) Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the Contractor fails to fully comply with any material provision, term, or condition contained in this Agreement. (b) Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Contractor written notice of an event of default, the Contractor shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the Contractor is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the Contractor shall propose in writing the actions that the Contractor proposes to take and the schedule required to cure the event of default. (c) Remedies. Upon the Contractor’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (1) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (2) The County may enforce any additional remedies it may have in law or equity. (3) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the Contractor. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. 17. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 18. Ownership of Materials and Intellectual Property Rights. (a) Except as otherwise required by Minnesota or Federal Law, the County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the Contractor, or its employees or subgrantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (“Materials”). (b) The Contractor represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Contractor shall VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 5 of 17 SHIP Healthy Neighborhood – City of Hastings indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. 19. Special Conditions. The Contractor understands and agrees that it will perform the work contemplated by this Agreement in such a way as to comply with and enable the County to comply with all of the requirements imposed upon the County in the State Contracts, including but not limited to the following: (a) Any publicity given to the activities occurring as a result of this Agreement, including notices, informational pamphlets, press releases, research, reports, signs and similar public notices shall identify that it is “Supported by the Statewide Health Improvement Partnership, Minnesota Department of Health and Dakota County Public Health Department” and shall not be released unless approved in writing by these entities’ authorized representatives. (b) The Contractor shall indemnify, save and hold the Department, its representatives and employees harmless from any and all claims or causes of action, including reasonable attorney fees incurred by the Department, arising from the performance of the activities funded by this Agreement by the Contractor or its agents or employees. (c) The Contractor, by executing this Agreement, grants to the Department a perpetual, irrevocable, no-fee right and license to make, have made, reproduce, modify, distribute, perform and otherwise use the Materials for any and all purposes, in all forms and manners that the Department, in its sole discretion, deems appropriate. 20. Exhibits. The following exhibits are attached to and incorporated within this Subgrant Agreement. Exhibit 1: Standard Assurances; Exhibit 2: Service Grid; Exhibit 3: Invoice Form Exhibit 4: Community Partner Award Report 21. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 22. Complete Agreement. This Agreement and Exhibits contain all negotiations and agreements between the County and the Contractor. Any amendment to this Agreement must be in writing and executed by the County and the Contractor. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. In the event of a conflict between the terms of any Exhibit and the body of this Agreement, this Agreement shall control. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 6 of 17 SHIP Healthy Neighborhood – City of Hastings IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA By: Assistant County Attorney/Date Title: Date: Dakota County Contract ______ Dakota County KS 23-___ CITY OF HASTINGS, MINNESOTA CONTRACTOR By: Title: Date: VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 7 of 17 SHIP Healthy Neighborhood – City of Hastings EXHIBIT 1 STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because the person is a member of a protected class under, and as defined by, federal law or Minnesota state law including, but not limited to, race, color, creed, religion, sex, gender, gender identity, pregnancy, national origin, disability, sexual orientation, age, familial status, marital status, veteran’s status, or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, veteran’s status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. 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. B. Equal Employment Opportunity-Executive Order No.11246, 30 FR 12319, signed September 24, 1965, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex, or national origin. C. 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. D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. G. Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies, or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition, or privilege of employment. I. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and including 45 CFR Part 80, prohibits recipients, including their contractors and subcontractors, of federal financial assistance from discriminating on the basis of race, color or national origin which includes not discriminating against those persons with limited English proficiency. J. The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq which prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. K. Equal Protection of the Laws for Faith-based and Community Organizations-Executive Order No. 13279, signed December 12, 2002 and as amended May 3, 2018. Prohibits discrimination against grant seeking organizations on the basis of religion in the administration or distribution of federal financial assistance under social service programs, including grants and loans. L. Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, with regulations at 41 C.F.R. Part 60-250, which prohibits discrimination in employment against protected veterans. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 8 of 17 SHIP Healthy Neighborhood – City of Hastings 2. DATA PRIVACY. For purposes of this Contract, all data created, collected, received, stored, used, maintained, or disseminated by Contractor in the performance of this Contract are subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (“MGDPA”) and the Minnesota Rules implementing the MGDPA. Contractor must comply with the MGDPA as if it were a governmental entity. The remedies in Minn. Stat. § 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to a data requestor if the public data are available from the County, except as required by the terms of this Contract. If Contractor is a subrecipient of federal grant funds under this Contract, it will comply with the federal requirements for the safeguarding of protected personally identifiable information (“Protected PII”) as required in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, and the County Protected PII procedures, which are available upon request. Additionally, Contractor must comply with any other applicable laws on data privacy. All subcontracts shall contain the same or similar data practices compliance requirements. 3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription, and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state, and local occupational safety and health standards, regulations, and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 5. PROHIBITED TELLECOMMUNICATIONS EQUIPMENT/SERVICES. If Contractor is a subrecipient of federal grant funds under this Contract, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018) (the “Act”), and 2 CFR § 200.216, Contractor will not use funding covered by this Contract to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any agreement related to this Contract. 6. CONTRACTOR GOOD STANDING. If Contractor is not an individual, Contractor must be registered to do business in Minnesota with the Office of the Minnesota Secretary of State and shall maintain an active/in good standing status with the Office of the Minnesota Secretary of State, and shall notify County of any changes in status within five calendar days of such change. Business entities formed under the laws of a jurisdiction other than Minnesota must maintain a certificate of authority (foreign corporations, limited liability companies, limited partnerships, and limited liability limited partnerships), or a statement of foreign qualification (foreign limited liability partnerships), or a statement of partnership authority (general partnerships). See Minn. Stat. §§ 303.03 (corporations); 322C.0802 (limited liability companies); 321.0902 and 321.0907 (foreign limited partnership); 321.0102(7) (foreign limited liability limited partnerships); 323A.1102(a) (foreign limited liability partnership); 321.0902 and 321.0907 (foreign general partnerships). 7. CONTRACTOR DEBARMENT, SUSPENSION, AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. § 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. 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. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 9 of 17 SHIP Healthy Neighborhood – City of Hastings By signing this Contract, the 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 any federal, state, or local governmental department or agency; and B. Have not within a three (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; 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; and E. Shall immediately give written notice to the Authorized Representative 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 government) transaction; 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. *“Principals” for the purposes of this certification 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). 8. HEALTH DATA PRIVACY. When applicable to the Contractor’s duties under this Contract, the Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), Minnesota Health Records Act, and any other applicable health data laws, rules, standards, and requirements in effect during the term of this Contract. 9. APPEALS. The Contractor shall assist the County in complying with the provisions of Minn. Stat. § 256.045, Administrative and Judicial Review of Human Services Matters, if applicable. 10. REPORTING. Contractor shall comply with the provisions of the "Child Abuse Reporting Act", Minn. Stat. § 626.556, as amended, and the "Vulnerable Adult Reporting Act", Minn. Stat. § 626.557, as amended, and any rules promulgated by the Minnesota Department of Human Services, implementing such Acts. 11. PSYCHOTHERAPISTS. Contractor has and shall continue to comply with the provisions of Minn. Stat. Ch. 604, as amended, with regard to any currently or formerly employed psychotherapists and/or applicants for psychotherapist positions. 12. EXCLUDED MEDICAL ASSISTANCE PROVIDERS. By signing this contract, Provider certifies that it is not excluded. 42 U.S.C. § 1397 et seq. (subch. XX) of the Social Security Act. 13. MDHS THIRD-PARTY BENEFICIARY. The following applies to contracts related to adult mental health services; see Minn. Stat. § 245.466, subd. 2. Contractor acknowledges and agrees that the Minnesota Department of Human Services is a third-party beneficiary and as a third-party beneficiary, is an affected party under this Contract. Contractor specifically acknowledges and agrees that the Minnesota Department of Human Services has standing to and may take any appropriate administrative action or sue Contractor for any appropriate relief in law or equity, including, but not limited to, rescission, damages, or specific performance of all or any part of the Contract between the County Board and Contractor. Contractor specifically acknowledges that the County Board and the Minnesota Department of Human Services are entitled to and may recover from Contractor reasonable attorneys' fees and costs and disbursements associated with any action taken under this paragraph that is successfully maintained. This provision shall not be construed to limit the rights of any party to the Contract or any other third VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 10 of 17 SHIP Healthy Neighborhood – City of Hastings party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity. (Minn. Stat. § 245.466, subd. 3; Minn. R. 9525.1870, subp. 2). Directions for Online Access to Excluded Providers To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General (OIG) website at https://oig.hhs.gov/exclusions/exclusions_list.asp Attycv/Exh SA (Rev. 1-23) VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 11 of 17 SHIP Healthy Neighborhood – City of Hastings Exhibit 2 - Service Grid Purpose: SHIP Healthy Neighborhood Award Contractor Activities: • Contractor will carry out (implement) work and budget as stated in Exhibit 2, including Project Goal(s), Scope of Work and Budget • Any changes to planned work and/or budget must be mutually agreed upon and provided to County Liaison a minimum of 3 weeks prior to implementation. Please allow a minimum of 14 business days for pre-approvals on final purchasing of services and/or supplies. • Contractor will have at least one representative attend at least 3 SHIP Dakota County Healthy Neighborhood Community Partner meetings (tentative dates: 5/15/24, 8/14/24, 11/14/24, 3/11/25, time T.B.D. Note: meetings will typically be virtual, run approximately 60-90 minutes, with one meeting to be held in person. • Contractor will provide a brief summary (up to 10 minutes) of their project outcomes at one of the scheduled Community Partner meeting either verbally and/or utilizing power point, as mutually agreed upon. • Contractor will keep Public Health Liaison updated on project milestones, work status and other relevant project issues through email or phone check-ins as determined by both parties. • Contractor shall submit monthly or quarterly invoices on Invoice Form provided (Exhibit 3) and include copies of all project-related receipts. Payments are made on a reimbursement basis or after the purchase or service has occurred. • Contractor shall seek pre-approval on any public or external communications about the project and include the following SHIP and DCPH reference: “Supported by the Statewide Health Improvement Partnership, Minnesota Department of Health, and the Dakota County Public Health Department”. • Contractor shall complete a final reporting document by 2 weeks prior to contract end date that will include a summary of project outcomes, challenges, client feedback, survey, and/or stories of impact and in-kind expenses. Before- and- after- testimonials are encouraged. Please use attached final reporting form (Exhibit 4). Notes: Deliverables and associated expenses are subject to change with mutual agreement in accordance with County policy. County Public Health Liaison will support Contractor in the following ways: • Provide guidance for final reporting and a template (Exhibit 4) for Contractor to use for the final reporting. • Participate actively in ongoing project check-in meetings and be responsive to questions and concerns of the Contractor regarding work plans or budget. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 12 of 17 SHIP Healthy Neighborhood – City of Hastings • Review and approve media and communication materials as needed, ensuring the Minnesota Department of Health’s review and approval process is followed. Project Goal(s), Scope of Work and Budget Expansion of community-driven Parks and Rec programming and offerings related to promotion of physical activity and mental well-being through the following actions: • Plan a process (e.g., in person interviews, focus groups, survey or other) and a timeline for engaging with any new/priority populations on current needs/programming taking place for collaboration • Plan and conduct community focus group with identified populations (i.e.., the nearby senior living + early learning residence) • Review the information gathered through above engagement and assessment methods to develop of community-driven program • Identify and purchase of supplies/materials/equipment and plan for social connectedness events • Complete a comprehensive program development to support new items/equipment (to include creation of new guidelines and policies for Parks around the shared equipment, etc.) • Collaborate with County Public Health Liaison throughout program implementation and evaluation Interpreters County will pay for the actual costs of providing interpreter services to non-English speaking participants who are an open Dakota County case. The Contractor must receive prior written authorization of interpreter services costs from County staff prior to using those services. Unless specifically prior authorized by the County, the Contractor must access interpreters from those agencies under contract with the County to provide interpreter services. State Contract The grant funds provided to Contractor under this agreement are subject to the terms and conditions contained in both the Master Grant Contract and the Project Agreement between the Dakota County Community Health Board and the State of Minnesota. Contractor agrees to comply with all terms and conditions contained in such contracts. County will provide copies of these contracts to Contractor upon request. Budget Total = $8,000 Staff Time Staff time for connecting/planning with other stakeholders to develop a plan for conducting community engagement/a community-driven program (focus on senior living/early childhood center), review of community input, development of new program/offerings, implementation, and evaluation $1,000 MOVES/Well- being equipment and supplies* Equipment purchases (to be determined) that are directly related to information gathered from community for Hastings Parks and Recreation $7,000 $8,000 VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 13 of 17 SHIP Healthy Neighborhood – City of Hastings TOTAL Contract Amount In-Kind Estimate In-Kind Estimate = Staff time, services, administrative components, etc. that the contracted organization will contribute as part of this project $1,000 *Final equipment and/or supplies must be pre-approved by Public Health Liaison prior to purchase. Please allow a minimum of 3 weeks for approvals. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 14 of 17 SHIP Healthy Neighborhood – City of Hastings Exhibit 3- Invoice Form Invoice Form Invoice #: Invoice Date: Contract #: CLA20387 Project Name: Dakota County SHIP Healthy Neighborhoods Community Partner Award Remit to: City of Hastings Attn: Paige Marschall Bigler 920 W. 10th Street Hastings, MN 55033 Bill to: Dakota County Public Health Department Attn: Kjirsten Anderson Email: Kjirsten.Anderson@co.dakota.mn.us Phone: 651-554-6135 Services Please list date, brief description, and total hours, if applicable Total Amount Subtotal Comments: Balance Due: $ *Invoices and receipts should be scanned & emailed to your County Public Health Liaison. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 15 of 17 SHIP Healthy Neighborhood – City of Hastings Exhibit 4 – Community Partner Award Report Dakota County SHIP 2024 – 2025 Healthy Neighborhoods Community Partner Award Reporting SHIP Dakota County Final Reporting Form – Healthy Neighborhoods 2024-25 Describe your accomplishments toward the objective(s) outlined in the approved SHIP 2024 application. 1. Which Statewide Health Improvement Partnership (SHIP) context strategy is this project related to? MN EATS – Healthy Food Access MN MOVES – Active Living MN Well-Being – Mental Health Wellbeing and Resiliency MN BREATHES – Commercial Tobacco-Free Living 2. Are the core strategies/activities complete? Yes No In process, explain: 3. Please describe any barriers to your project and/or changes to your original plan? 4. How do you plan to sustain the outcomes from this project? Note: SHIP strives to create lasting changes. These changes might involve policy, systems, or environmental changes. 5. Provide estimated numbers of individuals impacted by the proposed project: a. Employed staff: b. Students/youth: c. Adult community members: d. Volunteers: e. Trainees/participants (outside of above categories): f. Other: 6. Please share more specifically how this project may have impacted the community from your perspective: VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 16 of 17 SHIP Healthy Neighborhood – City of Hastings a. This project led to increased knowledge, skills, or abilities among the participants or community Strongly disagree Disagree Neutral Agree Strongly agree b. This project led to positive behavior change(s) Strongly disagree Disagree Neutral Agree Strongly agree c. This project resulted in benefits to the community as a whole Strongly disagree Disagree Neutral Agree Strongly agree d. The project created new partnerships and connections Strongly disagree Disagree Neutral Agree Strongly agree e. Other and/or expand on any of the above (a.-e.): 7. Please share any additional data that relates to the impact of this project. (i.e., participant feedback from a training, % increase in healthy food sourced or distributed, assessment or survey summaries, other measures related to changes made) 8. Share a success story (2-3 sentences) from your SHIP 2023 Healthy Neighborhoods Community Partner Award highlighting how the project supported creating sustainable change in your organization and/or community. Feel free to include quotes, number of people affected, or additional detail, if desired. 9. Is there anything else you would like to share with us? 10. Do you have any photos (with permission to share) related to your project? If so, please send directly to your Public Health Community Liaison via email. Dakota County SHIP Checklist This checklist provides a list of items researched as being critical for sustaining Policy, System, and Environmental (PSE) changes. The checklist should be completed with staff and/or consultants who you worked with to implement the PSE change or SHIP (Statewide Health Improvement Partnership) initiative at your organization. Select one box per item Yes No Notes There is leadership or organizational support for the initiative post-SHIP funding. VIII-05 Dakota County Contract #CLA20387 Dakota County Contract #CLA20387 P a g e | 17 of 17 SHIP Healthy Neighborhood – City of Hastings Select one box per item Yes No Notes There are opportunities for staff to participate in sustaining this initiative (assist with project monitoring, implementation, or evaluation, offer feedback, receive/provide training). This initiative aligns with our organization’s current goals, values, mission and/or strategic plan. There are opportunities to partner with other organizations/agencies to support this initiative (share expertise, receive/provide training, collaborate). We have identified potential funding sources or are able to draw from internal resources (staff time, part of our operational budget) to support this initiative, if needed. This initiative has met/will meet the needs of our target audience. This initiative will be sustainable post-SHIP funding. VIII-05