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Helping Services of NE Iowa SubcontractTHE CITY OF Dubuque I~~LJB E "~°~'~' _ ~ Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of a Helping Services for Northeast Iowa subcontract regarding underage alcohol sales compliance checks and monitoring reimbursement DATE: February 10, 2009 Helping Services of Northeast Iowa had entered into a contract with the First Judicial District Juvenile Court Services to provide training and compliance checks regarding the enforcement of underage drinking laws. As part of the contract, a subcontract is available to reimburse the Police Department for alcohol compliance checks and monitoring of area liquor license holders concerning underage alcohol sales. Chief of Police Kim Wadding recommends City Council approval of the Helping Services of Northeast Iowa subcontract agreement allowing reimbursement of funds associated with underage alcohol sales compliance and monitoring checks by the Police Department. I concur with the recommendation and respectfully request Mayor and City Council approval. r ~ ~ 1 ~1 C` Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police ' THE CITY OF Dubuque DAB E AN.~~ MR~sterp~iece ~n flee Mississippi 2007 DATE: January 6, 2009 TO: Michael Van Milligen, City Manage FROM: Kim B. Wadding, Police Chief ~ j RE: Approval of a Helping Services for Northeast Iowa subcontract regarding underage alcohol sales compliance checks and monitoring reimbursement PURPOSE The purpose of this memorandum is to seek consideration to approve a subcontract with Helping Services for Northeast Iowa, Inc. regarding the enforcement of underage drinking laws by providing funding for alcohol compliance checks and monitoring to area liquor license holders. BACKGROUND Helping Services of Northeast Iowa has entered into a contract with the First Judicial District Juvenile Court Services to provide training and compliance checks regarding the enforcement of underage drinking laws. As part of the contract, a subcontract is available to reimburse the police department for alcohol compliance checks and monitoring of area liquor license holders concerning underage alcohol sales. DISCUSSION Although the police department continues to be proactive with compliance checks for both tobacco and alcohol, the Helping Services of Northeast Iowa grant allows the Police Department to be reimbursed for the compliance checks and monitoring. The compliance checks employ underage youth supervised by Dubuque Police Officers to confirm area businesses are not selling alcohol products to underage persons. The compliance check consists of the following procedure: 1) An underage youth working with Dubuque Police Officers enters the permit holder business and requests the purchase of alcohol. 2) The underage youth remains under direct supervision during the compliance check by the accompanying officers. 3) If asked, the underage youth is instructed to show their true underage identification to the employee/clerk. Additionally, the underage youth is instructed to truthfully answer all questions asked by the employee/clerk. 4) If a purchase is made, the youth leaves the business and meets with the officers at a predetermined location where an accounting of the purchase is completed. 5) Once the youth is away from the business, the investigating officer approaches the clerk, identifies him or herself and completes the investigation. In most cases this results in issuing a citation for selling alcohol to an underage youth. 6) Once the clerk/employee has been cited, the officer attempts to contact the manager or owner telling them of the violation and the possible civil penalties. 7) Upon conclusion of the criminal disposition resulting in a guilty plea or conviction, initiation of the civil penalty to the business license holder begins. The business license holder civil penalty includes: Compliance Civil Penaltie~t - I+~wa Code §123.5a {aj Est Violation: $5©0 fine or 14-day suspension {b) Zrd Violation within 2 years: $1,500 fine or 30-day suspension {c) 3`~ Violation within 3 years: $1,500 fine and 60-day suspension {d) 4th Violation within 3 years; Revocation The subcontract allows the police department to be reimbursed for each compliance check in the amount of $50 for a maximum of 55 compliance checks. The maximum reimbursement will not exceed $2,750. Additionally, the subcontract allows reimbursement for each monitoring event at an overtime rate of $35 per hour for a maximum of 52 hours with the maximum not to exceed $1,820. A monitoring event is a recheck of the liquor license holder who originally sold to an underage person during a compliance check. Currently, the alcohol compliance rate with area liquor license holders is 89%. Attached is the Helping Services of Northeast Iowa subcontract agreement. City Attorney, Barry Lindahl, and Frank O'Connor, our insurance carrier, has reviewed and revised the agreement to meet city requirements. RECOMMENDATION The recommendation is for City Council consideration and approval of the subcontract agreement with Helping Services of Northeast Iowa regarding reimbursement of funds associated with underage alcohol sales compliance and monitoring checks by the police department. ACTION REQUESTED The requested action is City Council consideration to approve and sign the Helping Services of Northeast Iowa subcontract agreement allowing reimbursement of funds associated with underage alcohol sales compliance and monitoring checks by the police department. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk Helping Services for Northeast Iowa HELPING SERVICES FOR NORTHEAST IOWA, INC. CONTRACT AGREEMENT Having entered into a contract with the First Judicial District Juvenile Court services to provide training and compliance checks under the Enforcing Underage Drinking Laws, Helping Services for Northeast Iowa, Inc., offers the following agreement as a subcontract for services. This agreement is made this 19th day of January, 2009, by and between Helping Services for Northeast Iowa, Inc., and the City of Dubuque, Iowa, hereinafter referred to as the Subcontractor. The address of the Subcontractor is: City of Dubuque, Iowa c/o Dubuque Police Department Police Chief Kim Wadding Corporal Steve Eastvedt 770 Iowa St. Dubuque, Iowa 52001 The parties hereto agree to the following: PERFORMANCE PERIOD The performance period of this Agreement shall be for the period of January 1, 2009, to September 15, 2009. SCOPE OF WORK Subcontractor will perform services as defined in the proposal submitted by Helping Services for Northeast Iowa, Inc., to the First Judicial District Juvenile Court Services. Services to be performed are the followin;;: Alcohol Compliance Checks of up to 55 alcohol license holders in City of Dubuque; 52 hours of special event monitoring where events include a high risk of alcohol use, such as high school or college home coming, prom, or community festivals. The Subcontractor will provide Helping Services for Northeast Iowa, Inc., with all necessary records, data, information, and documentation required for Helping services for Northeast Iowa, Inc., to carry out its quarterly reporting obligations to the First Judicial District Juvenile Court Services, and will assist Helping services for Northeast Iowa, Inc., staff in complying with contract obligations for Helping Services for Northeast Iowa reporting and program evaluation. CONTRACT EXECUTION The Subcontractor shall provide evidence of general liability insurance or equivalent coverage through membership in the Iowa Communities Assurance Pool and (see below) naming Helping Services for Northeast Iowa as additionally insured, professional liability insurance and workers compensation insurance coverage or self-insurance for the Subcontractor's employees. Documentation of this insurance coverage must be provided at the time this subcontract is executed by the Subcontractor and returned to Helping Services for Northeast Iowa. PAYMENT FOR SERVICES Payment for services under this contract shall be as follows: Reimbursement requests are to be invoiced to Helping Services within 30 days of the service date. The invoice must list the date, time, location, and results of each compliance check completed, or each event monitoring. The rate of reimbursement for each compliance check $50 for a maximum of 55 compliance checks. Maximum reimbursement for compliance checks will not Exceed $2,750. The rate of reimbursement for each event monitoring will be $35 per hour for overtime hours for a maximum of 52 hours. Maximum reimbursement for event monitoring will not exceed $1,820. All claims must be accompanied by appropriate documentation supporting the claim. Subcontractor shall provide uncontested access to contract related records by any Appropriate federal or state agents, including the First Judicial District Juvenile Court Services and its representative, and to Helping Services for Northeast Iowa, Inc., and retain said records for not less than five (5) years. This includes any personal time logs and financial records required for Helping Services for Northeast Iowa, Inc., closeout and audit. All requests for reimbursement shall be sent to Fiscal Manager Helping Services for Northeast Iowa, Inc. P.O. Box 372 Decorah, IA 52101 2 Helping Services for Northeast Iowa Helping Services for Northeast Iowa, Inc. shall be obligated to provide said funds for reimbursement of Subcontractor expenses only on the condition that said funds shall be available from the First Judicial District Juvenile Court Services. Failure of Helping Services for Northeast Iowa, Inc., to receive grant funds from The First Judicial District Juvenile Court Services shall cause this agreement to be terminated. SUBCONTRACTOR STATUS 1. Nothing in the execution and performance of this Agreement shall be construed to establish an employee-employee relationship between Helping Services for Northeast Iowa, Inc., and Subcontractor. 2. The Subcontractor represents that it is an independent contractor for purposes of tax withholding on the payment of fees, and acknowledges that it is responsible for any and all income and Social Security tax, which maybe required on such payments. 3. The Subcontractor agrees and acknowledges that under this agreement it is not provided any health, retirement, workers compensation, or any other benefits by Helping Services for Northeast Iowa, Inc. 4. The Subcontractor represents that it maintains adequate insurance coverage or equivalent coverage through membership in the Iowa Communities Assistance Pool or self-insurance for the commercial and professional activities performed under this Agreement and will provide documentation as requested in section of this contract titled "Contract Execution": General Liability $1 million; Automobile Liability covering hired auto and non owned autos $1 million; Excess Liability $2 million; Workers Compensation as required by Iowa Law; Helping Services for Northeast Iowa named as an additional insured on the Subcontractor's general liability policy or for its self-insurance pool . 5. The Subcontract budget and program plan, as outlined in the Proposal submitted by Helping Services for Northeast Iowa, Inc., to the First Judicial District Juvenile Court Services is attached, by reference, to this Subcontract. This Subcontract is governed by the terms and conditions, including special conditions, attached by the First Judicial District Juvenile Court Services to the contract governing this project, which is between the First Judicial District Juvenile Court Services and Helping Services for Northeast Iowa, Inc. CONFIDENTIALITY of CLIENT RECORDS Subcontractor's policies and procedures shall provide that records regarding the identity, diagnosis, prognosis, and services provided to any client in connection with the performance of the contract are maintained and disclosed only for the purposes and under the circumstances expressly authorized under state or federal confidentiality laws rules or regulations. This Article 5 shall survive expiration and termination of this Agreement. 3 Helping Services for Northeast Iowa AMENDMENT OF THIS AGREEMENT The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with the First Judicial District Juvenile Court Services concurrence. Such amendments include any change in the subcontract budget and program plan as outlined in the Proposal submitted by Helping Services for Northeast Iowa, inc., to the First Judicial District Juvenile Court Services and attached, by reference, to this Subcontract. DEFAULT In the event Subcontractor does not complete the services in a satisfactory manner: 1. Subcontractor shall be liable to Helping Services for any additional expenses incurred by Helping Services for satisfactory completion of the services but not to exceed the contract amount. 2. The Subcontractor shall be obligated to pay Helping Services for any expenses reimbursed to the Subcontractor that were in support of work not completed. 3. This Article does not limit the remedies, at law or in equity, otherwise available to either party. INDEMNIFICATION Subcontractor agrees to defend, indemnify, and hold the State of Iowa, the First Judicial District Juvenile Court Services, and Helping Services for Northeast Iowa, Inc., harmless for any damages liabilities, or expenses related to or arising from the following: 1. Any knowing violation of this agreement by the Subcontractor; 2. Any negligent acts or omissions of the Subcontractor; 3. Any knowing failure by the Subcontractor to comply with federal, state or local laws; 4. Any knowing infringement of any copyright, trademark, patent or other intellectual property rights. Helping Services for Northeast Iowa, Inc. shall be responsible for all damages to persons or property that occurs as a result of Helping Services for Northeast Iowa, Inc., fault, negligence, gross negligence, bad faith, fraud, or other wrongful acts in the performance of this Agreement. GOVERNING LAW This Agreement shall be governed and construed according to the laws of the State of Iowa. 4 Helping Services for Northeast Iowa ASSIII~~iNCES During the performance of services Subcontractor shall be in compliance with all applicable state and federal laws and rules, ordinances, and regulations. By signing this Agreement, Subcontractor certifies that, to the best of Subcontractor's knowledge, the Subcontractor is in compliance with the following: All federal statutes relating to non-discrimination, including but not limited to Title VI of the Civil Rights Act of 1964 and Executive Order 11246, "Equal Employment Opportunity" as amended by E.O. 11375; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975: and any amendments thereto. In accordance with Helping Services for Northeast Iowa, Inc., policies, to the best of Subcontractor's knowledge, Subcontractor does not have a conflict of interest in the performance of this Agreement. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party for any reason, with or without cause. In witness whereof, the parties hereto have caused this Agreement to be executed in duplicate as of the date(s) set forth below. Helping Services for Northeast Iowa, Inc. Subcontractor, Name: boy D. Buol Title: Mayor Date: February 16, 2009 5