Helping Services of Northeast Iowa_Alcohol Sales Compliance SubcontractMasterpiece on the Mississippi
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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: November 30, 2010
Chief of Police Mark Dalsing is recommending approval of a subcontract with Helping
Services of Northeast Iowa, Inc. regarding the enforcement of underage drinking laws
by providing funding for alcohol compliance checks and monitoring to area liquor license
holders.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
Michrael C. Van Milligen
THE CITY OF
DUB
Masterpiece on the Mississippi
DATE: November 12, 2010
TO: Michael C. Van Milligen
City Manager
FROM: Mark DaIsi
Chief of Police
E MEMORANDUM
RE: Approval of a Helping Services for Northeast Iowa subcontract regarding
underage alcohol sales compliance checks and monitoring reimbursement
INTRODUCTION
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:
Alcohol Compliance Civil Penalties — Iowa Code §123.50
(a) 1s Violation: $500 fine or 14 -day suspension
(b) 2nd Violation within 2 years: $1,500 fine and 30 -day suspension
(c) 3rd Violation within 3 years: $1,500 fine and 60 -day suspension
(d) 4 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 64 compliance checks. The maximum
reimbursement will not exceed $3,200. Additionally, the subcontract allows reimbursement
for each monitoring event at an overtime rate of $35 per hour for a maximum of 54 hours
with the maximum not to exceed $1,890. A monitoring event is a recheck of the liquor
license holder who originally sold to an underage person during a compliance check.
Attached is the Helping Service of Northeast Iowa subcontract agreement. City Attorney,
Barry Lindahl has reviewed the agreement.
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 sales compliance and monitoring checks by the police
department. The alcohol compliance rate has steadily risen over the past few years, from
72% in fiscal year 2008 to the current rate of 93.5% for fiscal year 2010, which is beneficial
for the community and proof of an effective and worthwhile partnership.
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
Administrative Office
P.O. Box 372
Decorah, Iowa 52101
Phone 563 - 387 -1720
Fax 563 -382 -5730
E -MAIL
info @helping services.org
Substance Abuse
Prevention
P.O. Box 372
Decorah, Iowa 52101
563 -387 -1720
2728 Asbury Rd, Suite 510
Dubuque, Iowa 52001
Phone 563 - 582 -5317
Fax 563 -582 -1086
HELPING
SERVICES
NORTHEAST IOWA
Valley Community Coalition
505 Larrabee Street
Clermont, IA 52135
Phone 563 -423 -5171
Fax 563 -423 -5168
Web page: www.vccsoda.org
Domestic and Sexual Abuse
Resource Center
P.O. Box 372
Decorah, Iowa 52101
Crisis Line 1- 800 -383 -2988
Decorah 563- 382 -2989
November 5, 2010
Police Chief Mark Dalsing
Dubuque Police Department
770 Iowa St.
Dubuque, IA 52001
Dear Police Chief Mark Dalsing,
I have enclosed the EUDL Contract. Please look it over and contact me
if you have questions, Make a copy for yourself. When you sign it
please send it to:
Dave Runyon
Helping Services for Northeast Iowa
P. O. Box 372
Decorah, IA 52101
Thank you for your support and participation in this effort to reduce
underage drinking through the `Enforcing Underage Drinking Laws'
Grant.
Sincerely Yours,
Dean E. Nelson
(563) 582 -5317
dnelson @helpingservices.org
Helping Services for Northeast Iowa
Dubuque Office
Helping Services for Northeast Iowa
Having entered into a contract with the Juvenile Court Service for the First Judicial District
to provide training and compliance checks under the Enforcement of Underage Drinking
Laws, Helping Services for Northeast Iowa, Inc., offers the following agreement as a
subcontract for services.
This agreement is made this 20 day of October 2010, by and between Helping Services for
Northeast Iowa, Inc., and Dubuque Police Department hereinafter referred to as the
Subcontractor. The address of the Subcontractor is:
Police Chief Mark Dalsing
Dubuque Police Department
770 Iowa St.
Dubuque, IA 52001
The parties hereto agree to the following:
PERFORMANCE PERIOD
The performance period of this Agreement shall be for the period of
October 1, 2010 to September 30, 2011.
SCOPE OF WORK
HELPING SERVICES FOR NORTHEAST IOWA, INC
SUBCONTRACT AGREEMENT
Subcontractor will perform services as defined in the Proposal submitted by
Helping Services for Northeast Iowa, Inc, to the Juvenile Court Service for the
First Judicial District. Services to be performed include:
Alcohol compliance checks of up to 64 alcohol license holders in the City of
Dubuque.
54 hours of special event monitoring. A "special event" is defined as a time
or event where there is a high risk of underage alcohol use, such as high
school or college homecoming, prom or community festivals.
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Helping Services for Northeast Iowa
The Subcontractor will complete both Alcohol Compliance Checks and
Special Events Monitoring by August 01, 2011. If allotted hours are not used by
this time, the Subcontractor must notify Helping Services for Northeast Iowa in
writing of their plans to use these funds. Email communication is acceptable. This
written plan must be received by August 31, 2011 or funds will be reallocated
without further notice.
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 Juvenile Court Service for the First Judicial District, and will assist Helping
Services for Northeast Iowa, Inc, staff in complying with contract obligations for
reporting and program evaluation.
CONTRACT EXECUTION
The Subcontractor shall provide evidence of general liability insurance and
professional liability insurance (see below) naming Helping Services for
Northeast Iowa as additionally insured, and workers compensation insurance
coverage for the Subcontractor's employees. Documentation of this insurance
coverage must be provided at the time this subcontract 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. All reimbursement requests must be received by
September 30, 2011. The invoice must list the date, time, location, and results of
each compliance check.
The subcontractor will be reimbursed at a rate of $50.00 compliance check for a
maximum of 64 checks. Maximum reimbursement for compliance checks will
not exceed $3,200.00. In the event that budgeted EUDL grant funds are available,
additional compliance checks can be reimbursed at the rate of $50 /check at the
discretion of Helping Services.
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Helping Services for Northeast Iowa
The rate of reimbursement for event monitoring will be $35.00 per hour for
overtime hours for a maximum of 54 hours. Maximum reimbursement for event
monitoring will not exceed $1,890.00.
Additionally, the subcontractor will complete 40 informational visits to alcohol
license holders to provide an informational packet, provided by Helping Services.
The subcontractor will be reimbursed $25.00 per visit. Maximum reimbursement
for informational visits will not exceed $1,000.00.
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 Juvenile Court Service for the
First Judicial District 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 financial, procurement, and local match records required for Helping Services
for Northeast Iowa, Inc., closeout and audit.
All requests for reimbursement shall be sent, within 30 days of the date of
service, to:
SUBCONTRACTOR STATUS
Fiscal Manager /Terry Casterton
Helping Services for Northeast Iowa, Inc.
P.O. Box 372
Decorah, IA 52101
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 State of Iowa, Inc. Failure of Helping Services
for Northeast Iowa, Inc., to receive grant funds from the Juvenile Court Service
for the First Judicial District shall cause this agreement to be terminated.
1. Nothing in the execution and performance of this Agreement shall be construed to
establish and employer- employee relationship between Helping Services for
Northeast Iowa, Inc, and Subcontractor.
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Helping Services for Northeast Iowa
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 may be 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 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 and professional
liability policy.
5. The Subcontract budget and program plan, as outlined in the Proposal submitted by
Helping Services for Northeast Iowa, Inc, to the Juvenile Court Service for the First
Judicial District is attached, by reference, to this Subcontract. This Subcontract is
governed by the terms and conditions, including special conditions, attached by the
Juvenile Court Service for the First Judicial District to the contract governing this
project, which is between the Juvenile Court Service for the First Judicial District 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.
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 Juvenile Court Service for the First Judicial District concurrence.
Such amendments include any change in the Subcontract budget and
program plan as outlined in the Proposal submitted by Helping Services
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Helping Services for Northeast Iowa
DEFAULT
for Northeast Iowa, Inc, to the Juvenile Court Service for the First
Judicial District and attached, by reference, to this Subcontract.
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.
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
GOVERNING LAW
Subcontractor agrees to defend, indemnify, and hold the State of Iowa, Juvenile
Court Service for the First Judicial District and Helping Services for Northeast
Iowa, Inc., harmless for any damages, liabilities, or expenses related to or arising
from the following:
1. Any violation of this agreement by the Subcontractor;
2. Any negligent acts or omissions of the Subcontractor;
3. Any failure by the Subcontractor to comply with federal, state, or
local laws;
4. Any 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.
This Agreement shall be governed and construed according to the laws of the
State of Iowa.
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Helping Services for Northeast Iowa
ASSURANCES
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 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, Subcontractor does
not have a conflict of interest in the performance of this Agreement.
In witness whereof, the parties hereto have caused this Agreement to be executed in duplicate
as of the date(s) set forth below.
Helping Service for Northeast Iowa, Inc. Subcontractor
By: By:
Name: David Runyon Name:
Title: Executive Director Title:
Date: Date:
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Roy D.Buol
Mayor
December 6, 2010