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HomeMy WebLinkAbout2018-28412018 -2841 METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SAINT PAUL, MINNESOTA 55104 -3431 Opiate Antagonists Subgrant Agreement THIS AGREEMENT is entered into between the METROPOLITAN EMERGENCY SERVICES BOARD, Metro EMS Region, 2099 W. University Ave., #201, Saint Paul, MN 55104 ( "MESB "), and the City of Columbia Heights ( "Subgrantee "). RECITALS WHEREAS, 2015 Minn. Laws, Ch. 71, Art. 14, Sec. 3, Subd. 2, appropriated funds to the Commissioner of Health for grants to Minnesota's eight regional emergency medical services programs to purchase opiate antagonists and educate and train emergency medical services persons, as defined in Minn. Stat. Sec. 144.7401, Subd. 4, clauses (1) and (2) ( "Eligible First Responders "), in the use of these antagonists in the event of an opiate or heroin overdose; and WHEREAS, the State of Minnesota, acting through its Commissioner of Health, entered into Grant Agreement No. 101447 with the WCMEMSC, effective November 2, 2017 ( "Grant Agreement "), to act as the fiscal agent for said grant; and WHEREAS, WCMEMSC, as the fiscal agent under Grant Agreement No. 101447 with the State of Minnesota, entered into a subgrant agreement with the MESB, effective November 2, 2017 to reimburse for the purchase of opiate antagonists and for education and training of Eligible First Responders in the Metro EMS Region; and WHEREAS, Subgrantee, a first responder agency in the metropolitan region, is qualified to receive these funds as reimbursement for the purchase of opiate antagonists and /or for education or training expenses. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: I. SCOPE OF AGREEMENT AND QUALIFICATIONS A. This Agreement is to provide reimbursement for an opiate antagonist to be administered by an Eligible First Responder and /or for education or training of Eligible First Responders. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride or any similarly acting drug approved by the federal Food and Drug Administration for the treatment of drug overdose. B. Subgrantee understands that in order to be eligible for reimbursement of the cost of opiate antagonists it has purchased it must have satisified all of the requirements of 2018 -2019 MESB Naloxone Subgrant Agreement Minn. Stat. Sec. 151.37, Subd. 12(a) and (b), and Subgrantee hereby represents that it has fully satisfied said requirements. C. Subgrantee shall be reimbursed for the cost of an opiate antagonist it has purchased for the period from November 2, 2017 through May 31, 2019, subject to the limitations set forth in this Agreement. II. REGIONAL EMS AUTHORIZED REPRESENTATIVE The MESB's authorized representative for the purposes of administration of this Agreement is its Regional EMS Coordinator, Ron Robinson, or such other person as may be designated in writing by the Executive Director of the MESB. Contact information for the MESB's authorized representative is: Ron Robinson, Regional EMS Coordinator, Metropolitan Emergency Services Board, 2099 W. University Ave., #201, Saint Paul, MN 55104, 651.643.8378, robinson emsmn.org. III. REIMBURSEMENT AND METHOD OF PAYMENT Subgrantee shall submit to the MESS a copy of a detailed invoice and record of payment for the purchase of an opiate antagonist. Reimbursement is'limited to $37.50 per dose per staffed vehicle plus a reasonable reserve. Upon verification and acceptance by the MESB's Regional EMS Coordinator of each invoice, the MESB will pay Subgrantee the invoiced amount. The MESB's reimbursement obligation is contingent on the MESB receiving grant funds from the State under the Grant Agreement, and is limited to the total amount of grant funds remaining upon receipt of an invoice. Invoices must be received by the MESB no later than June 6, 2019. Reimbursement will be made in a timely manner following receipt of sufficient grant funds by the MESB from the State. The MESB will not expend any of its own funds to reimburse Subgrantee. IV. TERM OF AGREEMENT This Agreement shall be effective November 2, 2017 and shall terminate on June 30, 2019 or until the grant funds have been expended, whichever occurs first. V. LIABILITY Each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other and the results thereof. Nothing in this clause may be construed as a waiver by either party of any immunities or limitations of liability to which such party may be entitled pursuant to Minn. Stat. Chap. 466, or any other statute or law. 2018 -2019 MESB Naloxone Subgrant Agreement VI. AUDITS Under Minn. Stat. Sec. 16C.05, Subd. 5, Subgrantee's books, records, documents, and accounting procedures and practices of Subgrantee, or any other relevant party or transaction, are subject to examination by the MESB, the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. VII. DATA PRACTICES Pursuant to Minn. Stat. Sec. 13.05, Subd. 11(a), Subgrantee and the MESB must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the MESB under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Subgrantee under this Agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either Subgrantee or the State. VIII. OWNERSHIP OF MATERIALS The State shall own all rights, title and interest in all of the materials conceived or created by the MESB, or its employees or Subgrantee, either individually or jointly with others and which arise out of the performance of the Grant 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 "). Subgrantee hereby assigns to the State all rights, title and interest to the materials. Subgrantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under the Grant Agreement by the Grantee, its employees or Subgrantee, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by Subgrantee. Subgrantees's employees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of Subgrantee's obligations under this Agreement without the prior written consent of the MESB. IX. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Subgrantee or its employees individually or jointly with others, shall identify the State as the sponsoring agency and shall not be released without prior written approval by the MESB. 2018 -2019 MESB Naloxone Subgrant Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates set forth below. SUBGRANTEE By: Title: ua Date: .' METROPOLITAN EMERGENCY SERVICES BOARD Jill Rohret, Executive Director Date: 2018 -2019 MESB Naloxone Subgrant Agreement