HomeMy WebLinkAboutVIII-16 Approve Revision to Joint Powers Agreement with Dakota County - Opioid Settlement Funds
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: May 6, 2024
Item: Joint Powers Agreement for Opioid Settlement Funds
Council Action Requested:
Approve revised Joint Powers Agreement with Dakota County regarding Opioid Settlement
Funds.
Background Information:
The recent National Opioid Settlements distributed funds to jurisdictions with populations
greater than 30,000. Dakota County would like to offer a portion of its received funds to
Hastings (and several other cities under 30,000 population) in accordance with Minnesota Statute
471.59. Funds received would assist with costs associated with fighting the opioid epidemic in
the City of Hastings and Dakota County.
On March 18, 2024, the City Council approved this Joint Powers Agreement. Subsequently,
Dakota County asked to correct an error in the language; thus, this proposed revision. The
change would require the City (rather than Dakota County) to ensure that any subcontractor the
City might hire under the JPA to abide by the terms of the JPA.
Financial Impact:
$32,285 revenue
Committee Discussion:
Not applicable
Attachments:
Joint Powers Agreement
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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, 101 4th Street East, Hastings, Minnesota 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; and
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;
and
WHEREAS, the County has received funds from the National Opioid Settlement; and
WHEREAS, the County is permitted to make grants of Opioid Settlement Funds to recipients who spend
the funds in compliance with the Amended Minnesota Opioids State-Subdivision Memorandum of
Agreement (MOA); and
WHEREAS, the County is providing Contractor with Opioid Settlement Funds described herein based
on the grant expenditure requirements 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
through December 31, 2025.
2. Purpose. The purpose of this Agreement is to provide Opioid Settlement Funds from the
County to the Contractor. Such funds shall be used by the Contractor solely for the purposes
described in Exhibit 2, Service Grid.
3. Contractor’s obligations under Opioid Settlement Agreements. The grant funds provided to
Contractor under this Agreement are subject to the terms and conditions contained in both the
Amended Minnesota Opioids State-Subdivision Memorandum of Agreement document
(“MOA”), which can be found at: https://www.ag.state.mn.us/opioids/docs/MN_MoA.pdf,
and the Reporting and Compliance Addendum document, which can be found at:
https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf (“Addendum
to MOA”). Contractor agrees to comply with all terms and conditions that are applicable to
Participating Local Governments, recipients and grantees under such MOA and Addendum.
In accordance with Part III, Section D of the MOA, Participating Local Governments may
make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement
Funds.
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Under the Addendum to MOA, Part I, Section f, a Participating Local Government that receives
Opioid Settlement Funds and grants those funds to subrecipients or grantees, including to other
Local Governments, is responsible for monitoring and tracking the distribution and use of those
funds to satisfy the entity’s reporting obligations. Contractor, therefore, must comply with such
monitoring and tracking requirements for the funds it receives under this Agreement. Pursuant to
the Addendum to MOA, Part II, Section b, all grantees and subrecipients must comply with
Minnesota Statutes, section 16C.05, subdivision 5. Subrecipients and grantees must also comply
with the Minnesota Government Data Practices Act, as provided by Minnesota Statutes, section
13.05, subdivision 11. Pursuant to the Addendum to MOA, Part II, Section c, all Participating Local
Governments must maintain, for a period of at least six years, records of Opioid Settlement Fund
expenditures and documents underlying those expenditures.
4. County Obligations. The County agrees to reimburse the Contractor in an amount not to exceed
$32,285.00 for costs incurred in performing services fulfilling the Purpose described above from
the Effective Date through December 31, 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 as outlined in Exhibit 2, Service Grid. The Contractor must
certify that the requested reimbursements are accurate, appropriate and eligible in accordance
with the MOA, which states the following, in part:
1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes
in its budget or passes a separate resolution authorizing the expenditure of a stated amount
of Opioid Settlement Funds for that purpose or those purposes during a specified period of
time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures of
opioid settlement funds; (ii) state the specific strategy or strategies the county or city
intends to fund, using the item letter and/or number in Exhibit A to identify each funded
strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated
period of time.
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 only to the extent authorized by a
specific resolution of the party’s governing board. 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
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Liz Oberding 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:
Dan Wietecha, City Administrator
Telephone: 651-480-2326
Email: DWietecha@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. The Contractor shall not engage subcontractors under this Agreement
without the written consent of the County. It is the Contractor’s responsibility to make sure all
subcontractors are subject to the provisions of this Agreement that are applicable to the Contractor.
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.
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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.
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 settlement 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
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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 governing bodies or other sources, are not appropriated, obtained and
continued at 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
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. Exhibits. The following exhibits are attached to and incorporated within this
Agreement.
Exhibit 1: Standard Assurances.
Exhibit 2: Service Grid.
Exhibit 3: Invoice Form.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
Approved as to form: COUNTY OF DAKOTA
Assistant County Attorney/Date
By:
Title:
Dakota County Contract
Dakota County BR 22-
Date:
CITY OFHASTINGS, MINNESOTA
(“CONTRACTOR”)
By:
Title:
Date:
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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.
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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.
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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
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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).
Attycv/Exh SA (Rev. 1-23)
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
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EXHIBIT 2 – Service Grid
Purpose
On October 3, 2023, County held a board workshop to discuss next steps related to the opioid response. As a
part of that meeting, Public Health requested the provision of Opioid Settlement funding to cities in Dakota County
with populations between 10,000 and 30,000, which includes Contractor, to support eligible activities in
accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement funded through
the National Opioid Settlement Funds.
Goal
Provide Contractor with access to opioid settlement funds.
Service Expectations
• Contractor may only use these funds in accordance with the Amended Minnesota Opioids State-Subdivision
Memorandum of Agreement and Minnesota Opioids State-Subdivision Memorandum of Agreement Reporting
and Compliance Addendum found at the following links:
o https://www.ag.state.mn.us/opioids/docs/MN_MoA.pdf
o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf
Process Measures
In accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA), the
process for drawing from special revenue funds is as follows.
1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes
a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose
or those purposes during a specified period of time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds;
(ii) state the specific strategy or strategies the County or Contractor intends to fund, using the item letter and/or
number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each
strategy for a stated period of time.
In accordance with Part III, Section D of the MOA, grant making is considered allowable such that participating
Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid
Settlement Funds.
Furthermore, under the Minnesota Opioids State-Subdivision Memorandum of Agreement Reporting and
Compliance Addendum under Part I, Section F, “any Participating Local Government that directly receives Opioid
Settlement Funds and grants those funds to subrecipients or grantees, including other Local Governments, is
responsible for monitoring and tracking the distribution and use of those funds to satisfy the entity’s reporting
obligations.” All grantees will further be “subject to audit and Data Practices Act. All contracts and pass-through
disbursements of Opioid Settlement Funds to subrecipients or grantees must comply with Minnesota Statutes
section 16C.05, subdivision 5. Subrecipients or grantees must comply with the Minnesota Government Data
Practices Act, as provided by Minnesota Statutes section 13.05, subdivision 11.”
Given these allowances, Contractor will be required to adhere to the process for drawing from special revenue
funds, as outlined in the Part III, Section C of the MOA, which states City Council resolution is required for
authorization of expenditures of Opioid Settlement funds.
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Outcome Measures
• Contractor must abide by the measures outlined in the Minnesota Opioids State-Subdivision Memorandum of
Agreement Reporting And Compliance Addendum.
o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf
Reporting
• Contractor must abide by the measures outlined in the Minnesota Opioids State-Subdivision Memorandum of
Agreement Reporting And Compliance Addendum.
o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf
• Reporting is based on expenditures made during the calendar year (January-December) and should be due
from cities no later than Feb. 15 of the following year.
• Reporting is required in accordance to the DHS reporting addendum Appendix A.
o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf (found on last page)
County Responsibilities
• County will be responsible for submitting required reporting to DHS by March 31, annually.
• Facilitate opportunities for Public Health staff to provide feedback on related strategies and work related to the
expenditure of Opioid Settlement Funds.
• Collaboratively plan strategy and logistics for successful expenditure of Opioid Settlement Funds.
• Process invoices for the reimbursement of the use of funds.
Billing Procedures
• County will be responsible for the processing of reimbursements for the use of funds.
• Invoice provided as Exhibit 3, shall be submitted to PHInvoices@co.dakota.mn.us via email.
Include the specific city council resolution approving the expenditure for opioid settlement funds to this invoice.
The resolution must:
(i) indicate that it is an authorization for expenditures of opioid settlement funds;
(ii) state the specific strategy or strategies the county or city intends to fund, using the item
letter and/or number in Exhibit A to identify each funded strategy, if applicable; and
(iii) state the amount dedicated to each strategy for a stated period of time.
• The County shall make payment to Contractor within forty-five (45) days of the date on which the invoice is
received, and services are accepted by the County.
• If the invoice is incorrect, defective, or otherwise improper, the County will notify Contractor within ten (10)
days of receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, the County will
make payment within forty-five (45) days.
• Late Request for Payments. The County has an absolute right to refuse payment on invoices received or
postmarked more than ninety (90) days after the date that invoiced services were performed.
Inclusion, Diversity & Equity
The County embraces and supports person-centered practices and expects contractors to do the
same. Person-centered practices are structured in a way to support a client’s comfort and ability to
express choice, control, and direction in all aspects of service delivery and support. While the nature
of some services and service deliveries is such that it must account for factors beyond the client’s
choice, control and direction, including, but not limited to, the terms of this Contract, court orders,
the safety of the client and others, and governing law, the County values consideration of the client’s
perspective, knowing that services are more efficient and effective when aligned with client choice.
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[For more information, refer to Person-Centered, Informed Choice and Transition Protocol,
Minnesota Department of Human Services, issued 3/27/17 and updates.]
The County further recognizes that pervasive racism, discrimination and other institutional and
community biases, as well as harm from historical trauma, are experienced by cultural communities
and that this may contribute to overrepresentation of cultural communities in some County services.
Appropriate service delivery often requires open discussion considering the real-life experiences of
the people served, paying attention to the impact of pervasive racism and bias. At the referral level, it
means inquiring with families about how to integrate their family or individual culture into service
delivery. At the service level, it includes attention to outcomes for families receiving services in order
to assess whether effectiveness differs in cultural communities and responding to any differences.
It is expected that while performing services for the County, the Contractor shall abstain
from unacceptable behaviors including, but not limited to:
• Racial, ethnic or discriminatory jokes or slurs;
• Hostile, condemning, or demeaning communications, both verbal and written;
• Behavior demonstrating disrespect, dishonesty, intimidation, or disruption to the
work relationship; and
• Retaliation against any person who reports or addresses unacceptable behavior.
It is the responsibility of the Contractor to ensure staff delivering services for the County are aware of
these expectations and trained as needed to ensure respectful, cooperative and professional
conduct in interactions with County staff and clients. If the County experiences or receives a report of
an unacceptable behavior, it will share the report with Contractor. The Contractor must inform the
County of steps taken to remedy the unacceptable behavior within ten (10) working days. If the
unacceptable behavior persists, the County may terminate the Contract pursuant to the termination
provision in the Contract.
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Exhibit 3 - Invoice Form
Invoice #: Invoice Date:
Contract #: CLA20437
Project Name: Opioid Settlement Funds
Remit to:
City of Hastings
Attn:
Email:
Phone:
Bill to:
Dakota County through its Public Health
Department
Attn: PH Invoices
Email: PHInvoices@co.dakota.mn.us
Phone: 651-554-6000
Instructions:
1. Attach the specific city council resolution approving the expenditure for opioid settlement funds to this
invoice
The resolution must:
(iii) indicate that it is an authorization for expenditures of opioid settlement funds;
(iv) state the specific strategy or strategies the county or city intends to fund, using the item
letter and/or number in Exhibit A to identify each funded strategy, if applicable; and
(iii) state the amount dedicated to each strategy for a stated period of time.
2. Note the letter and/or number from Exhibit A of the MOA in the table below
Strategy in accordance to
Exhibit A of the MOA (List
of Opioid Remediation
Uses)
Detailed description of goods or services purchase Total Price
Ex: Section F, Number 5.1
Invoices and receipts should be emailed to PHInvoices@co.dakota.mn.us
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