4.8 SR 04-17-2023
Request for Action
To Item Number
Mayor and City Council 4.8
Agenda Section Meeting Date Prepared by
Consent Agenda April 17, 2023 Ron Nierenhausen, Chief of Police
Item Description Reviewed by
Authorize Execution of Professional Services Cal Portner, City Administrator
Agreement for LEAST Services/Counseling, LLC
Reviewed by
Action Requested
Authorize, by motion, the execution of an agreement between the City of Elk River Police Department and LEAST
Services/Counseling LLC.
Background/Discussion
The stresses of policing statewide have created a rapid growth of PTSD claims through the League of Minnesota
Cities Insurance Trust, the company that insures most Minnesota cities.
The city and its police unions have collaborated to update the existing Wage Incentive Program, which provides
incentives for training, professional development, physical fitness, longevity and healthy lifestyles to include
incentives for both medical and mental health awareness. The goal is to improve prevention and active recovery for
officers.
Financial Impact
Fees listed in agreement to be paid for by the Police Department budget.
Mission/Policy/Goal
Elk River Mission
Attachments
Professional Services Agreement with LEAST Services/Counseling LLC
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
PROFESSIONAL SERVICES AGREEMENT
WITH LEAST SERVICES/COUNSELING LLC
Contract Number_______________
Contractor SSN or Federal ID Number 45-5313928
I. OPENING PARAGRAPH
This Professional Services Agreement (“Agreement”) is made effective as of the 1st day
of January 2023, by and between the City of Elk River, a Minnesota municipal corporation
(“City”) and LEAST Services/Counseling LLC, a Minnesota limited liability company
(“Contractor”) for services to be provided under the terms of this Agreement.
II. RECITALS
WHEREAS, Contractor is a Minnesota limited liability company focused on counseling
services for incidents arising in City; and
WHEREAS, Contractor represents that it has the requisite skills to assist City employees,
officials, contractors, and agents and policy makers in providing psychological services
including counseling, consultation, and training to the Elk River Police Department
(“Professional Services”); and
WHEREAS, City believes that the provision of Contractor’s Professional Services to the
Elk River Police Department promotes public health, safety, morals, and the general
welfare; and
WHEREAS, City desires to engage Professional Services of Contractor, and Contractor
desires to assist City with its Professional Services; and
WHEREAS, the parties wish to set forth in writing the terms and conditions of this
Agreement.
NOW, THEREFORE, in return for the mutual agreements set forth below, the parties agree
as follows:
AGREEMENT
III. SCOPE OF AGREEMENT
LEAST Services/Counseling agrees to provide psychological services including
counseling, consultation, and training to the Elk River Police Department. Examples of this
service include:
Confidential counseling services to Elk River Police Department employees
seeking assistance for stress-related mental health issues that may affect work
performance.
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Training for the Elk River Police Department related to/and intended to promote
the psychological and emotional health of Elk River Police Department employees.
Respond, when requested and available, to incidents identified by the Elk River
Police Department supervisory personnel as critical incidents.
Respond when requested and available, to support and advise the Crisis
Intervention Team/Negotiators of the Elk River Police Department.
Periodically perform ride-a-longs with Elk River Police Department officers.
Any other services mutually agreed to in writing between the parties.
Confidential services will be provided at a location agreed upon by the Elk River Police
Department employee and Contractor.
Contractor shall provide the required personnel and related support services to effectively
and efficiently provide its Professional Services.
IV. COMPENSATION
1. Counseling, Consultation, and Other General Work
Contractor shall be compensated at a rate of $145.00 per hour for counseling and other
general work.
2. Mental Health Check-Ups
Contractor shall be compensated at a rate of $140.00 per hour for Mental Health Check-
Ups.
3. Training
Contractor shall be compensated at a rate of $190.00 per hour for mental health-related
training. Training preparation will be paid at $95.00 per hour.
4. Retainer
Contractor will be compensated $180.00 per month for contract retainer fee and for
being available outside of normal business hours. This compensation is separate from
any time spent responding to incidents where travel and crisis response is requested, or
substantial time on the phone is requested.
5. Mileage and Drive Time
a. Contractor travel shall be compensated at the current Federal IRS mileage rate.
b. Contractor travel shall be compensated for at a rate of $25.00 per hour.
6. Total Compensation
The total compensation under this agreement for professional services (including
reimbursement expenses) shall not exceed $15,000.00 per 12-month period. Any expenses
for supplies over $50.00 per month must be approved in advance by the Elk River Police
Department. Receipts shall be provided to City for all expenses for which reimbursement
is sought. Contractor shall be required to submit a monthly work time report to the Elk
River Police Department by the 15th of each month.
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City will honor no claim for services not specified in this Agreement.
V. RECORDS
Contractor shall maintain such records as are deemed necessary by City to ensure that the
Professional Services are provided as represented by Contractor. Contractor shall maintain
the records in a manner that ensures confidentiality to service recipients; however,
Contractor shall provide disclosure of identities to City or a third party if so required by
law or regulation. All reports provided to Contractor shall be securely maintained in locked
file drawers or a locked room.
VI. EXCHANGE OF INFORMATION
Contractor acknowledges that City may withhold information, data, or reports when the
release of such information could compromise an ongoing criminal or civil investigation,
when it contains information regarding child sexual abuse or juvenile offenders, or when
dissemination is prohibited by law or regulation.
Contractor agrees that it will not distribute Elk River Police Department reports to any third
party, except the following: Elk River City Attorney’s Office, Sherburne County
Attorney’s Office, and Sherburne County Probation Office. Contractor further agrees that
it will not provide copies of Elk River Police Department reports to victims or offenders
and will refer any individual or entity that requests such information to the Elk River Police
Department. Contractor agrees that it will not attach an Elk River Police Department report
to an Order for Protection. Contractor’s use of Elk River Police Department reports for
training or technical assistance must be pre-approved in writing by the chief of police, and
Contractor’s usage of such reports must be consistent with the requirements of any
applicable local, state, or federal law, rule, or regulation.
VII. EFFECTIVE DATE AND TERMINATION DATE
This Agreement shall be in full force and effect from January 1, 2023, through December
31, 2023, unless otherwise extended by the Elk River Police Department or terminated
earlier under Paragraph XVII, Cancellation.
VIII. ENTIRE AGREEMENT
The entire Agreement of the parties is contained in this document, Exhibit A, and any
addenda or amendments signed by the parties. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter of this
Agreement. This Agreement is valid only when signed by both parties.
IX. SUBSTITUTIONS AND ASSIGNMENTS
Professional Services by Contractor will be performed by Contractor. Upon the prior
written approval of City, Contractor may substitute or assign the performance of the
Professional Services. Said prior written approval must be evidenced by a written
amendment of this Agreement signed by City and Contractor.
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X. CONTRACT ADMINISTRATION
All provisions of this Agreement shall be coordinated and administered by the persons
identified in paragraph XVIII, Notices.
XI. AMENDMENTS
No amendments may be made to this Agreement after signing by the parties, except for
extensions of time, increases in compensation, or increases or reduction of the Professional
Services. All amendments shall be in writing, signed by City and Contractor.
XII. INDEPENDENT CONTRACTOR
It is agreed that Contractor, its employees, officers, agents, and assignees, will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation
leave, severance pay, pension benefits, or other rights or benefits offered to employees of
City.
XIII. CONTRACTORS INSURANCE
Contractor shall maintain the insurance coverage as set forth in Exhibit A during the term
of this agreement.
XIV. DATA PRACTICES
Data and information provided to Contractor under this agreement or through the provision
of services for City under this agreement shall be administered in accordance with
Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in
accordance with all applicable laws, rules, and regulations.
XV. DISCRIMINATION
Contractor agrees not to discriminate in providing professional services under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual
orientation, status with regard to public assistance, or religion. Violation of any this section
may lead to immediate termination of this agreement.
XVI. APPLICABLE LAW
The law of the State of Minnesota shall govern all interpretations of this Agreement, and
the appropriate venue and jurisdiction for any litigation which may arise under the
Agreement will be in and under those courts located within the State of Minnesota,
regardless of the place of business, residence or incorporation of the Contractor.
XVII. CANCELLATION
This Agreement may be terminated by either party at any time with or without cause, upon
30 days written notice. In that case, City shall only pay on a pro rata basis for Professional
Services rendered in accordance with this Agreement prior to the termination date.
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XVIII. NOTICES
Any notice, approval, or demand authorized or required under this Agreement shall be in
writing and shall be sent by U.S. first class mail to the other party as follows:
To the Contractor: LEAST Services/Counseling LLC
Scott Marks MSW, LICSW
PO Box 1742
Minnetonka, MN 55345
To the City: Elk River Police Department
13065 Orono Pkwy
Elk River, MN 55330
XIX. CONFLICT OF INTEREST/CODE OF ETHICS
Contractor shall use best efforts to meet all professional obligations to avoid conflicts of
interest and appearances of impropriety. In the event of a conflict, Contractor, with the
consent of City, shall arrange for suitable alternative representation. It is the intent of
Contractor to refrain from handling matters for any other person or entity that may pose a
conflict of interest or may not be in the best interests of City.
Contractor agrees that it will not represent any other party or other client which may create
a conflict of interest in its work with City. If Contractor is unclear whether a conflict of
interest exists, Contractor will immediately contact City to request an interpretation.
Contractor agrees to be bound by the State of Minnesota’s Code of Ethics. Contractor
certifies that to the best of its knowledge all employees participating in this Agreement will
comply with this code. It is agreed by the parties that any violation of the Code of Ethics
may be grounds for the termination of this Agreement.
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IN WITNESS WHEREOF, by attaching my signature below I represent that I have the
requisite authority to enter into this Agreement on behalf of the City of Elk River Police or LEAST
Services/Counseling LLC and have executed this Professional Services Agreement effective as of
the date first written above.
CITY OF ELK RIVER POLICE
By _____________________________ By ______________________________
City of Elk River Mayor City of Elk River City Clerk
LEAST SERVICES/COUNSELING LLC
By _____________________________
Scott Marks, Owner
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EXHIBIT A
Insurance Requirements
General Liability:
$1,000,000 Each Occurrence
$1,000,000 Personal Injury/Advertising Injury
$2,000,000 Annual Aggregate
$5,000 Medical Payments (optional)
Workers’ Compensation:
$100,000 Each Accident
$500,000 Policy Limit
$100,000 Each Disease
Statutory Limits Apply
These Workers’ Compensation requirements listed herein are not mandatory until and unless the
Contractor hires an employee or is otherwise required by law to provide workers’ compensation
insurance.
Umbrella/Excess Liability:
$1,000,000 Each Occurrence and Annual Aggregate
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