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HomeMy WebLinkAbout2021-4038Contract # 2021-4038 CONTRACT BETWEEN COLUMBIA HEIGHTS POLICE DEPARTMENT AND CANVAS HEALTH, INC. THIS AGREEMENT is made and entered into by and between the City of Columbia Heights Police Department, 825 41S` Ave. NE, Columbia Heights, MN 55421 (hereinafter referred to as "CITY") and Canvas Health, Inc. (here in after referred to as CONTRACTOR), 7066 Stillwater Blvd North, Oakdale, MN 55128. WHEREAS, the CONTRACTOR warrants that they are appropriately qualified, licensed and based upon training in areas specifically related to providing mental health, substance use, and crisis services; and WHEREAS, the CITY wishes to purchase the services of the CONTRACTOR to develop and provide a collaborative crisis intervention response program, and NOW, THEREFORE, in consideration for the mutual undertakings and agreements hereinafter set forth, the CITY, through the Police Department, and the CONTRACTOR agree as follows: I. Term ofAgreement The CONTRACTOR agrees to furnish services to the benefit of the CITY during the period commencing November 1, 2021, and terminating October 31, 2023 irrespective of the date of signatures/execution below. II. Services to be Provided andReporting A. The CONTRACTOR will provide a Rill -time mental health professional or practitioner who will be stationed at the police department to respond with police officers to individuals who are deemed to be experiencing a mental health or substance use crisis and in need of resources. The mental health professional will work alongside the police to de-escalate situations, as well as to connect individuals in need with support resources. B. The CONTRACTOR performs intensive mental health services. This position is collaborative in nature and requires working closely and being sensitive to relationships with local schools, court services, private providers, outside resources and internal programs at Columbia Heights, Anoka County, and Canvas Health. C. The CONTRACTOR will be solely responsible for providing mental health clinical and administrative supervision of the mental health professional or practitioner. D. In partnership, the CITY and CONTRACTOR will oversee development and implementation of the program, the record keeping functions, and measurement of program outcomes. III. Cost of the Agreement/Billing Instructions Services will be billed by actual hours worked monthly by the CONTRACTOR to the CITY and not to exceed the total contract amount of $207,849 between December 1, 2021 and August 31, 2023. IV. Payment for Services Payment for services shall be made directly to the CONTRACTOR within 35 days of CITY'S receipt of the said invoice, pursuant to Minnesota Statute 471.425, Subd.2. V. Indemnification and Insurance A. CONTRACTOR agrees that in order to protect itself as well as the CITY, it will at all times during the term of this contract keep in force an insurance policy. The liability insurance policy will meet the limits of the tort liability limits under Minnesota Statutes, section 3.736 and 466.04. The CITY will be sent a currentcertificate of insurance on an annual basis. B. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without 90 days prior notice thereof to the CITY. C. Prior to the effective date of this contract, and as a condition precedent to this contract, the CONTRACTOR will furnish the CITY with Certificates of Insurance. VI. Compliance with Laws/Standards A. The CONTRACTOR shall maintain in good standing, all professional credentials necessary to provide the services contemplated and set forth herein. B. The CONTRACTOR shall abide by all Federal, State, or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Contract or to the subject matter thereof for which the CONTRACTOR is responsible. ] . By signing this contract, the CONTRACTOR certifies that it and its principals and its employees: Are not presently banned, suspended, proposed for banning, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or city; and have not within a three-year period preceding this contract: a. 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 orcontract; b. violated any federal or state antitrust statutes; or c. committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and 6 2. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: a. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state of local) transaction; b. violating any federal or state antitrust statutes; or c. committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and 3. Are not aware of any information and possess no knowledge that any sub- contractors) that will perform work pursuant to this contract are in violation of any of the certifications set forthabove. 4. Shall immediately give written notice to the CITY 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 statues; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. VII. Conditions of CONTRACTORS' and CITYS' Obligation A. The CONTRACTOR agrees to inform the CITY of changes in ownership, organizational structure, board of director membership, and/or chief executive or chief operating officers within thirty (30) days after occurrence. B. It is understood and agreed that in the event the funding to the CITY from State, Federal, or sources is not obtained and continued at a level sufficient to allow for the purchase of the indicated quantity of Purchased Services, the obligations of each party hereunder shall beterminated. C. The CONTRACTOR must provide at least 10 days prior notification to the CITY in writing whenever it is unable to, or going to be unable to, provide the required quality or quantity of Purchased Services. Upon such notification, the City must determine whether such inability will require modification or cancellation of said contract. D. Either party may cancel this CONTRACT without cause upon ninety (90) days written notice. Written notice of cancellation by the CONTRACTOR shall be addressed to Captain Matt Markham, Columbia Heights Police Department, 825 41" Ave. NE, Columbia Heights, MN 55421. E. Before the termination date of this Contract, the CITY may evaluate the contract performance of the CONTRACTOR and determine whether such performance merits renewal of this contract. 3 F. The CITY will reimburse CONTRACTOR for services specified in this Contract that have been delivered. Any alterations, variations, modifications or waivers of provisions of this contract shall be valid only when they have been reduced to writing, duly signed, and attached to the original of this Contract. G. The CITY agrees not to employ or hire the CONTRACTOR's staff that holds this position for a period of 3 years from the date the contract is signed. H. CITY agrees to provide CONTRACTOR's staff with an appropriate work station/space, suitable for a work environment. Such space will include access to a telephone, a computer with internet access, a desk and chair, and basic office supplies. I. If the CITY determines that funds are not being administered in accordance with the approved service plan and budget or that services are not being properly provided according to the terms of this contract, the CITY may terminate this contract for cause effective once notice has been provided to the CONTRACTOR's designated agent. VIII. Independent Contractor A. The CONTRACTOR is an independent contractor and neither the position nor the work of the CONTRACTOR shall cause the CONTRACTOR to be construed as an employee of CITY in any way. The CONTRACTOR shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. B. The CONTRACTOR acknowledges and agrees that it is not entitled to receive any of the benefits received by CITY employees and is not eligible for workers or unemployment compensation benefits. C. The CONTRACTOR also acknowledges and agrees that no withholding or deduction for State for Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due and that it is the CONTRACTOR's sole obligaton to comply with the applicable provision of all Federal and State laws. IX. Data Practices All data collected, created, received, maintained, or disseminated for any purposes by the activities of CONTRACTOR because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing said act now in force or as adopted, as well as HIPAA or other Federal regulations on data privacy. X. Records -Availability and retention A. Pursuant to Minnesota Statute§ 16C.05 subd.5, the CONTRACTOR agrees that the 4 CITY, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any 5 documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the CONTRACTOR and involve transaction relating to this Contract. B. CONTRACTOR agrees to maintain these records for a period of six (6) years from the date of termination ofthe Contract. C. Client records will be in the possession of the CITY. They will be made available for view for the purposes of facilitating supervision by the CONTRACTOR. XI. Audit and Record Disclosures The CONTRACTOR agrees to: A. Maintain all records pertaining to the Contract at address of CONTRACTOR for six (6) years for audit purpose. B. CONTRACTOR to provide CITY with program expenditures as requested. XII. Contractor Qualifications andTraining A. The CONTRACTOR agrees to use only qualified personnel to provide any purchased services. If licensing or certification is a necessary prerequisite for provision of services, the CONTRACTOR shall ensure that personnel are properly licensed or certified. B. The CONTRACTOR agrees to provide or arrange for staff training as required. C. A copy of the staff training plan shall be provided to the CITY upon request. D. A background check satisfactory to the CITY will be performed on all employees prior to hire. E. The CONTRACTOR agrees to maintain at all times during the term of this Contract, a process whereby its current and prospective employees and Volunteers who will have direct contact with persons served by the program or program services, will consent to a background check for evidence of maltreatment of adults or minors substantiated under Minnesota Statutes section 626.556. F. CONTRACTOR must follow all reporting requirements of M.S. 626.55T XIII. Subcontracting CONTRACTOR shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of the CITY and subject to such conditions and provisions as the CITY may deem necessary. With regard to any subcontractors so retained the CONTRACTOR shall be responsible for the performance under this Contract and agrees to comply with prompt payment of any and all subcontractors pursuant to Minnesota Statutes 471.425. n XIV. Nondiscrimination During the performance of this Agreement, the CONTRACTOR agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal state laws against discrimination. XV. Representatives The following named persons are designated the authorized representatives of parties for purposes of this Contract. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, as to the CITY, the authorized representative shall have only the authority specifically granted by the City Council. Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. City Designee Captain Matt Markham Columbia Heights Police Department 825 41' Ave. NE Columbia Heights, MN 55421 Contractor Designee Matthew Eastwood Chief Executive Officer Canvas Health 7066 Stillwater Blvd. North Oakdale, MN 55128 651-251-5042 XVI. Modifications Any alterations, variations modifications, or waivers of provisions of this agreement will be valid only when they have been reduced in writing, duly signed, and attached to the original of this agreement. No claim for services furnished by the CONTRACTOR not specifically provided in the agreement will be allowed by the CITY nor must the CONTRACTOR do any work or furnish any material not covered by the agreement, unless this is approved in writing by the CITY. Such approval shall be considered a modification of the agreement. 7 IN WITNESS THEREOF, the CITY and the CONTRACTOR, each intending to be bound by this agreement, effective December 1, 2021 irrespective of the dates of the signatures, certifies that the appropriate person have executed the Contract, as required by applicable articles, by-laws resolLItions and ordinances. City of Columbia Heights STATE OF MINNESOTA BY: DATED: E41 Canvas Health, Inc. F*_ t.-� • DATED: /D dDj ( L