HomeMy WebLinkAboutResolution 9789RESOLUTION NO. 9789
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING PROFESSIONAL SERVICES AGREEMENT WITH TUBMAN TO
PROVIDE PUBLIC SAFETY AND GENERAL WELFARE RELATED SERVICES
ADDRESSING DOMESTIC ABUSE
WHEREAS, the City of Mounds View ("City") desires to enter into a professional
services agreement (the "Agreement") a version of which is attached to this resolution
as Exhibit A, with Tubman, a non-profit corporation, to provide services to victims of
domestic abuse and that are otherwise related to addressing domestic abuse within the
city of Mounds View; and
WHEREAS, the City Council has determined that authorizing such an agreement is in
the best interest of the public and will provide for public safety and the general welfare
of the people of Mounds View; and
WHEREAS, this agreement shall commence on August 1, 2023 and shall terminate on
December 31, 2024, unless it is terminated earlier as provided herein or the parties
agree in writing to an extension of this agreement; and
WHEREAS, the total amount to be paid by the City for services shall not exceed
$25,500 annually. The City costs for the period between August 1, 2023 and December
31, 2023 shall not exceed $25,500; and
WHEREAS, the payment for calendar year 2024 shall be $25,500 and shall be paid by
January 30th, 2024 ($51,000 for the 2023 and 2024 contract periods); and
WHEREAS, the funds will come from Account 100-4700-3065 (Family and Youth Social
Services); and
WHEREAS, a budget adjustment to the 2023 General Fund budget is required for the
2023 contract period of $25,500.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds
View, Minnesota that the Agreement is approved in substantially the form presented to
the City Council and included in this Resolution as Exhibit A, subject only to
modifications that are approved by the City Attorney and do not alter the general
substance of the Agreement.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of
Mounds View, Minnesota that the proper City staff and officials are authorized to
execute the final version of the Contract and take all actions necessary to carry out the
intent of this Resolution.
NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City of
Mounds View, Minnesota that budget account 100-4700-3065 is increased by $25,500.
Resolution No.9789
Page 2
Adopted this 28th day of August 2023.
Gary eehlhause, Acting Mayor
ATTEST: 4
v z�
Ny Zik nd, dity Administrator
(seal')
EXHIBIT A —DESCRIPTION OF SERVICES
I. DUTIES
A. Services and Description
1. Services. The Consultant agl•ees to furnish the City the following services:
a) Recruitment and training of volunteers (advocates) who work with and
counsel victims of domestic abuse.
b) Staffing of a 24-hour crisis line and providing information and referral.
c) Preparation of petitions for protective orders; assistance in the service of
protective orders; advocacy with victims during the court hearing process;
monitoring compliance with Court Orders.
d) Providing shelter for victims and their children.
e) Providing support/educational groups for battered persons and educational
groups for high -risk target groups.
f) Availability of a domestic abuse perpetrator's group for City referrals.
g) Tubman will be available as the first point of contact for victims, regardless of
the offense level in a domestic violence case.
h) Tubman will be available to serve as the community contact agency for
intimate partner violence cases referred by law enforcement personnel.
Mounds View law enforcement officers completing a lethality risk assessment
on site with the victims of intimate partner violence may refer such
assessments immediately to Tubman staff for services.
2. Client Eligibility.
a) Services under this Agreement shall be provided to pel•sons residing in the
City who have been battered in domestic relationships, the children of such
persons„ and to high -risk target groups identified by the City and `Tubman.
B. Evaluation, Reporting, and Information Requirements
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1. Automated Annual Reports. Tubman agrees to furnish the City with annual
reports of services provided under this Agreement. Such report must include data
on the services provided within the City of Mounds View under the Agreement,
and audited financial statements. The annual report must be submitted on or
before November 30 of any year or another date agreed to by Tubman and the
City Administrator,
2. Periodic Reports. Tubman agrees to provide periodic reports to the City with
summary data regarding the Services provided during the previous period. The
initial period for these periodic reports shall be quarterly, but such period may be
changed with approval from the City Administrator,
3. Annual Budget. Tubman shall submit the proposed City Costs for the next year.
The submission shall include any proposed changes in the Services for the
subsequent year. The Annual Budget must be submitted on or before June 30 of
each year.
4. Additional Information. Tubman agrees to provide reasonable information
requested by the City regarding the Services.
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made between the City
of Mounds View ("City"), a Minnesota municipal corporation, and the Tubman ("Tubman"), a
Minnesota nonprofit corporation. Tubman is a social service agency whose mission is safety,
hope, and healing.
Name/ Organization:
Tubman
Federal EIN: 41-4200048
Mailing Address:
Telephone Number:
4432 Chicago Avenue
612425-3333 (corporate office)
Minneapolis, MN 55407
Contact Person:
Email.
• Jennifer J. Polzin, CEO, authorized to sign
• jpolzin@)tUbmilll.org, 612-767-6697
contracts
(office)
• Jennifer Dickinson, Director of Legal
Services, authorized to discuss service
Jdickinson(ct�tubman.org, 651-789-6720
provision
(office)
The following person is designated the Contract Manager ("Contract Manager") for the City for
the purposes of this Agreement:
Name: Nyle Zikmund, Mounds View City
Email: nyle.zikmund@moundsviewmn.org
Manager
Mailing Address:
Telephone Number:
2401 Mounds View Boulevard
763-7174000
Mounds View, MN 55112
City and Tubman may hereinafter be referred to individually as a "party" or collectively as the
"parties." In consideration of the mutual promises and agreements contained herein, and
intending to be legally bound, City and Tubman hereby agree as follows:
1. Agreement Documents. This Agreement, which includes the Description of Services
attached hereto as Exhibit A, sets out the entire understanding between the parties and it
supersedes any prior written or oral discussions or agreements between the parties regarding
the same subject matter. The provisions of the documents constituting the Agreement shall
be read together and reconciled in the documents to the greatest extent reasonably possible.
To the extent there are any conflicting provisions that cannot be reconciled, the more specific
provision shall generally be controlling. In the event that a material conflict is found
between provisions of the documents, the provisions in the following rank order shall take
precedence: (1) the Descriptions of Services in Exhibit A; (2) this Professional Services
Agreement document; (3) Tubman's proposal.
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2, Services. Tubman agrees to provide the City the services as described in the attached
Exhibit A (collectively, the "Services") in accordance with the terms and conditions of this
Agreement. Tubman shall provide the Services in a manner consistent with industry
standards for similar Services and in accordance with the standards, requirements, and
timelines set out in Exhibit A.
3. Compensation. City shall compensate Tubman for the Services as provided in Exhibit A.
Unless expressly provided otherwise in Exhibit A, the total amount or rate of compensation
is the amount that Tubman incurs to cover staff time to provide the Services.
a. The total amount to be paid by the City pursuant to the Services in this contract shall not.
exceed $25,500 annually ($51,000 total for the contract period) ("City Costs"). City shall
not be responsible for paying any amounts for the completion of the Services other than
those expressly provided for in Exhibit A. The amount will be revisited annually to adjust
for the average number of Services provided.
b. Amounts payable by the City shall be paid to Tubman on or before January 30th of each
year, or at a date mutually agreed upon by both parties, to cover the City's share for that
year. The payment for the period between August 1, 2023 and December 31, 2023 shall
be made by the City within 30 days of execution of this Agreement.
c. The City Costs for the period between August 1, 2023 and December 31, 2023 shall not exceed
$25,500. The Payment for calendar year 2024 shall be $25,500 and shall be paid by
January 30, 2024.
4. Notices. Any notices provided under this Agreement shall be to Tubman and Contract
Manager as identified above.
5. Term. This. Agreement shall commence on August 1, 2023 and shall terminate on December
31, 2024, unless it is terminated earlier as provided herein or the parties agree in writing to an
extension of this Agreement.
6. Deliverables. If Tubman is required to produce specific deliverables to City as part of the
Services to be provided under this Agreement, such deliverables shall be identified in Exhibit
A of the Agreement.
7. Termination. Either party may terminate this Agreement for any reason upon thirty (30)
days written notice. If Consultant is in default and fails to cure the default within the period
provided in the written notice of default as provided in this Agreement, City has the right to
terminate this Agreement immediately upon written notice of termination. Tubman may
retain the City Cost used for Services provided prior to the effective date of termination but
shall return the proportionate share of the City Costs remaining from the effective date of
termination until the end of the year within 30 days of the effective date of termination. The
following provisions of this Agreement shall survive expiration, termination, or cancellation
of this Agreement: Indemnification; Insurance; Applicable Law; Audit; and Data Practices.
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8. Data Practices. Consultant agrees to comply with the Minnesota Government Data
Practices Act (Minnesota Statutes, chapter 13), and all other applicable laws, related to data it
creates or receives from City in the performance of the Services.
9. Legal Compliance. Tubman shall comply with all applicable federal, state, and local laws,
rules, regulations, and ordinances in providing the Services and shall obtain all permits and
permissions that may be required. This Agreement shall be governed by and construed
according to the laws of the State of Minnesota.
10. Indemniiieation. Tubman agrees to defend, indemnify and hold harmless, City, its officials,
officers, agents and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or
indirectly from any act or omission of Tubman, its offices, employers, agents, contractors or
subcontractors or anyone directly or indirectly employed by them, or anyone volunteering for
them, or anyone for whose acts or omissions they may be liable in the performance of the
Services and against all loss by reason of the failure of Tubman to perform fully, in any
respect, all obligations under this Agreement. Nothing in this Agreement shall constitute a
waiver by City of any limits on or exclusions from liability available to it under Minnesota
Statutes, chapter 466 or other law.
11. Amendments. No modification, amendment, deletion, or waiver in the terms of this
Agreement, or any expansion in the scope of the Services, is valid unless it is in writing and
signed by the parties.
12. Notices. Any notice or demand authorized or required under this Agreement shall be in
writing and shall be sent by certified mail to, with respect to City, the Contract Manager and,
with respect to Tubman, to Tubman's contact person, each as identified at the outset of the
Agreement.
13. Nondiscrimination. Tubman agrees to abide by the requirements and regulations of The
Americans with Disabilities Act of 1990 (ADA), the Minnesota I-Iuman Rights Act (Minn.
Stat. Chap. 363), and Title VII of the Civil Rights Act of 1964. 'These laws deal with
discrimination based on race, gender, disability, and religion, and with sexual harassment.
Violation of any of the above laws can lead to the immediate termination of this Agreement
without needing to provide a cure period.
14. Insurance. Consultant shall secure and maintain such insurance as will protect Consultant
from claims under the Worker's Compensation Acts, automobile liability, and from claims
for bodily injury, death, or property damage which may arise from the performance of
services under this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
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The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Workers Compensation
If Consultant is required by law to have Worker's Compensation insurance, Workers'
Compensation insurance in accordance with the statutory requi0rements of the State of
Minnesota, including Employer's Liability with minimum limits are as follows:
• $500, 000 —Bodily Injury by Disease per employee
• $500, 000 —Bodily Injury by Disease aggregate
• $500, 000 —Bodily Injury by Accident
The City shall be named as an additional insured on the general liability and umbrella
policies on a primary and non-contributory basis.
The Consultant shall secure and maintain a professional liability insurance policy. Said
policy shall insure payment of damages for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as Consultant, if such legal
liability is caused by a negligent act, error or omission of the insured or any person or
organization for which the insured is legally liable. The policy shall provide minimum limits
of $2,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher
deductible.
Before commencing work, the Consultant shall provide the City a certificate of insurance
evidencing the required insurance coverage in a form acceptable to City.
15. Independent Contractor. The City hereby retains the Consultant as an independent
contractor upon the terms and conditions set forth in this Agreement. The Consultant is not
an employee of the City and is free to contract with other entities as provided herein.
Consultant shall be responsible for selecting the means and methods of performing the work.
Consultant shall furnish any and all supplies, equipment, and incidentals necessary for
Consultant's performance under this Agreement. City and Consultant agree that Consultant
shall not at any time or in any manner represent that Consultant or any of Consultant's agents
or employees are in any manner agents or employees of the City. Consultant shall be
exclusively responsible under this Agreement for Consultant's own FICA payments, workers
compensation payments, unemployment compensation payments, withholding amounts,
and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid
by law or regulation.
16. Subcontractor. Consultant shall not enter into subcontracts for services provided under this
Agreement without the express written consent of the City. Consultant shall comply with
Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services
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provided by Subcontractor within ten days of Consultant's receipt of payment from City.
Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor
on any undisputed amount not paid on time to subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10.
17. Assignment. Neither party shall assign this Agreement, or any interest arising herein,
without the written consent of the other party.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
19. Controlling Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be
in the District Court of the State of Minnesota for Ramsey County.
20. Audit Disclosure. The books, records, documents and accounting procedures and practices
of the Consultant or other parties relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for a period of six (6) years after
the effective date of this Agreement.
CITY
City of Mounds View
Gary Acting Mayor
Its:
yle /►kmund, ty?Administrator
Dated: August 28, 2023
TUBMAN
Tubman
Dated:
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