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HomeMy WebLinkAboutItem 06.m Date: Item No. APPROVAL OF AGREEMENT RESPECTING PLACE OF LAST DRINK DATABASE Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement Respecting Place of Last Drink Database. Overview Passage of this motion will result in an agreement with North Memorial Health for the Lakeville Police Department to use the Place of Last Drink (POLD) Database. Primary Issues to Consider • There is no cost for Lakeville Police Department to use POLD. • The Place of Last Drink (POLD) Database will be used by LPD for information purposes. LPD will be able to document where the place of last drink was for law enforcement incidents involving alcohol. • Using the database will increase safety throughout the community by: - Assisting in identifying patterns of drunk driving reoccurrence and establishment overserving - Lakeville Police Department can use POLD to share information with businesses, assisting them in providing better service - Use of POLD will enhance Lakeville Police Department’s enforcement focus if patterns develop Supporting Information • Agreement reviewed by the City Attorney. Financial Impact: $ Budgeted: Y☐ N☒ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Chief Jeff Long October 19, 2020 10 Taxes AGREEMENT RESPECTING PLACE OF LAST DRINK DATABASE 1 DATE: _______________________, 20__ PARTIES: North Memorial Health (“Grantee”) _______________________ (“Department”) RECITALS: A. Grantee is a Minnesota non-profit corporation that provides health care services and collaborates with community organizations for certain programs, and operates the Partnership for Change. B. Grantee has been awarded grants from the Substance Abuse and Mental Health Services Administration for efforts to reduce drug and alcohol use, including implementation of the Place of Last Drink database (“POLD Database”) by the Partnership for Change. C. Grantee operates the POLD Database in coordination with, and through grants provided by, the State of Minnesota and the Substance Abuse and Mental Health Services Administration. D. Department is a law enforcement agency that accesses information in the POLD Database to assist with law enforcement and community engagement in order to reduce alcohol-related incidents. E. The parties desire to set forth in this Agreement their understandings regarding Department’s access to and use of the POLD Database and the information contained therein. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement, the parties agree as follows: AGREEMENTS: 1. Joining Database. In joining the POLD Database, Department shall follow all requirements set forth in emailed instructions from Grantee, including Grantee’s user guide(s) (“User Guide”). 2. POLD Database Information. Grantee maintains the POLD Database and includes information from a number of sources. Department is solely responsible for any data that Department provides to Grantee, for any data requests that Department makes to Grantee regarding information in the POLD Database, and for any data access and use of accessed data from the POLD Database. Department shall have no ownership right or interest in the information in the POLD Database, including the information submitted by Department, and such information may be used and disclosed by Grantee and others as described in this Agreement. 3. Department Use of POLD Database Information. Department, along with other participating law enforcement agencies, may submit data per the User Guide. Department may view and use POLD Database information relating to the jurisdiction indicated in Department’s signature block below. Any participating agency may view Department’s information and submissions if such information relates to a location within such agency’s jurisdiction. 4. Grantee Maintenance, Use and Access. Grantee maintains the POLD Database in accordance with its protocols and applicable grant requirements. Grantee shall have access to all POLD Database information and shall use such information for any and all purposes consistent with its grants. When Grantee receives media requests for information from the POLD Database, Grantee shall refer such requests to the Department or other originating agency. Notwithstanding the above, in certain situations AGREEMENT RESPECTING PLACE OF LAST DRINK DATABASE 2 Grantee must comply with applicable provisions of the Government Data Practices Act and requests for information from all sources shall be in compliance with applicable state and federal laws. 5. Vendor Access. Grantee may permit access to the POLD Database by its vendors, including its software developer, as necessary for Grantee to maintain appropriate POLD Database functionality. 6. Research and Other Access. Grantee may permit researchers to access the POLD Database if doing so is in furtherance of Grantee’s purposes and if such access is consistent with requirements of state and federal grants. Grantee may permit other law enforcement entities to access the POLD Database. 7. Government Use and Access. Grantee will permit government use of and access to the POLD Database as is consistent with applicable state and federal law and the terms of grant and related requirements. 8. Fees. Grantee reserves the right to charge an access fee to Department for use of the POLD Database. In the event that Grantee begins charging a fee, Grantee shall notify Department not less than 60 days in advance of assessing such a fee, and Department may choose to end its participation in the POLD Database, provided that information previously submitted by Department shall remain part of the POLD Database regardless of Department’s termination of participation. 9. Governing Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in the manner appropriate to each, all as of the day and year first above written. NORTH MEMORIAL HEALTH By: _______________________ Sheila Nesbitt Title: Injury Prevention Coordinator DEPARTMENT Signature: _______________________ Print Name: _______________________ Title: _______________________ Jurisdiction: _______________________ (e.g., Robbinsdale, MN, Hennepin County, etc.)