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4.3 SR 12-02-2024The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.3 Meeting Date December 2, 2024 Prepared By Lindsay Brandner, Senior Administrative Assistant Item Description LEAST Services/Counseling LLC Agreement Renewal Reviewed by David Kuhnly Cal Portner Tina Allard Action Requested Execute, by motion, an agreement renewal between the City of Elk River and LEAST Services/ Counseling LLC. Background/Discussion In June of 2023, the Council approved the execution of the counseling agreement between the City of Elk River and LEAST Services/Counseling LLC. The agreement has expired, and a renewal agreement is necessary. The new contract will be for a term of two years, beginning January 1, 2024, and expiring December 31, 2026. Financial Impact Fees are listed in the agreement and are to be paid for by the Police Department budget. Mission/Policy/Goal Elk River Mission Attachments 1. 2025-2026 LEAST Services Counseling Agreement Elk River PD Page 40 of 211 1 412724v5 MJM BR270-24 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, 2025 by and between the City of ELK RIVER, a Minnesota municipal corporation (the “City”) and LEAST Services/Counseling LLC, a Minnesota limited liability company (the “Contractor”) for services to be provided under the terms of this Agreement. II. RECITALS WHEREAS, the Contractor is a Minnesota limited liability company focused on counseling services for incidents arising in the City; WHEREAS, the 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”); WHEREAS, the City believes that the provision of Contractor’s Professional Services to ELK RIVER Police Department promotes public health, safety, morals, and the general welfare; WHEREAS, the City desires to engage the Professional Services of the Contractor, and the Contractor desires to assist the 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: Page 41 of 211 2 412724v5 MJM BR270-24 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: ●Provide confidential counseling services to ELK RIVER Police Department employees seeking assistance for stress related mental health issues that may affect work performance; ●Provide training to 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 ELK RIVER Police Department supervisory personnel as critical incidents; ●Any other services mutually agreed upon in writing between the parties. Confidential services will be provided at a location agreed upon by the ELK RIVER Police Department employee and Contractor. The 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 a.The Contractor shall be compensated at a rate of $160 per hour for counseling and other general work. 2. Mental Health Check-Ups a.The Contractor shall be compensated at a rate of $150 per hour for Mental Health Check-Ups. 3. Training a.$190 per hour for mental health-related training. Training preparation will be paid at $95 per hour. 4. Retainer a.The Contractor will be compensated $180 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 Page 42 of 211 3 412724v5 MJM BR270-24 a.Contractor travel shall be compensated at the current Federal IRS mileage rate. b.Contractor travel shall be compensated at a rate of $40 per hour. 6. Total Compensation: The total compensation under this Agreement for Professional Services (including reimbursement expenses) shall not exceed $15,000 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 the City for all expenses for which reimbursement is sought. The Contractor shall be required to submit a monthly work time report to the ELK RIVER Police Department by the 15th of each month. The City will honor no claim for services not specified in this Agreement. V. RECORDS The Contractor shall maintain such records as are deemed necessary by the City to ensure that the Professional Services are provided as represented by the Contractor. The Contractor shall maintain the records in a manner that ensures confidentiality to service recipients; however the Contractor shall provide disclosure of identities to the City or a third party if so required by law or regulation. All reports provided to the Contractor shall be securely maintained in locked file drawers or a locked room. VI. CONFIDENTIALITY It is mutually agreed that the City shall not request and the Contractor and it’s Agents, Employees, or Subcontractors shall not release information obtained during individual and group Mental Health Check-Ups, Counseling, Critical Incident Stress Management sessions, or direct Peer Support or consultation, with City employees, outside Police personnel, or others engaged in confidential sessions or counseling services with the Contractor or its’ Agents, Employees, or Sub-Contractors with the following exceptions: a. The Contractor will provide to the City the names and dates of service of City staff as necessary to ensure completion of required Mental Health Check-Ups by City staff. b. As minimally required of the Contractor or its Agents, Employees, or Sub- Contractors in accordance with all applicable laws, rules, and regulations. VII. EFFECTIVE DATE AND TERMINATION DATE This Agreement shall be in full force and effect from January 1, 2025 through December 31, 2026 unless otherwise extended by the ELK RIVER Police Department or terminated earlier under Paragraph XVII, Cancellation. VIII. ENTIRE AGREEMENT Page 43 of 211 4 412724v5 MJM BR270-24 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 the Contractor will be performed by the Contractor. Upon the prior written approval of the City, the 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 the City and the Contractor. 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 the City and the 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 the City. XIII. CONTRACTORS INSURANCE The 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 the 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 Page 44 of 211 5 412724v5 MJM BR270-24 The 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 thirty 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. 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 The 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, the Contractor, with the consent of the City, shall arrange for suitable alternative representation. It is the intent of the 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 the City. The Contractor agrees that it will not represent any other party or other client which may create a conflict of interest in its work with the City. If Contractor is unclear whether a Page 45 of 211 6 412724v5 MJM BR270-24 conflict of interest exists, Contractor will immediately contact the Department to request an interpretation. The 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. [The rest of this page was left blank intentionally.] Page 46 of 211 7 412724v5 MJM BR270-24 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 or LEAST Services/Counseling LLC and have executed this Professional Services Agreement effective as of the date first written above. CITY OF ELK RIVER By _____________________________ City Administrator By _____________________________ Chief of Police LEAST SERVICES/COUNSELING LLC By _____________________________ Scott Marks, President Page 47 of 211 8 412724v5 MJM BR270-24 EXHIBIT A Insurance Requirements Page 48 of 211