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HomeMy WebLinkAboutItem 06.nFebruary 5, 2010 Item No. APPROVAL OF CONTRACT WITH LAKEVILLE POLICE CHAPLAINCY SERVICES Proposed Action Staff recommends adoption of the following motion: Approve entering into a professional services agreement with Lakeville Police Chaplaincv Services to provide police chaplaincy services to the Lakeville Police Department. Overview Lakeville Police Chaplain Services is a 501(c3) non — profit corporation that provides services to the public in times of crisis. This service is provided free of charge to the City. Chief Vonhof has met with the Board of Directors of the LPCS and they have approved the proposed contract. Officers have utilized this service since 2008 to provide aid and comfort to citizens, enhancing our level of service to our community. Primary Issues to Consider • 3 year contract length- Police Department staff is recommending that the duration of this contract be three years. This professional services agreement can be terminated with or without cause upon written notice by either party. The length of the original contract was one year; the three year contract term is desirable as it reduces costs associated with renewing the contract. • The initial contract was adopted by the City Council in April of 2008. There are no changes to the original agreement, other than to change the length of term to three years. The police department has been very satisfied with the services provided to date by the Lakeville Police Chaplaincy Services under the structure of this professional services agreement. Supporting Information Copy of proposed Professional Services Agreement City Council Memo April 7, 2008 from Chief Vonhof • Annual Summary Report Thomas Vonhof, Chi7.0lice Financial Impact: $-0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: I 2009 Annual Report LPCS In the role that a chaplain's duties are generally cast, 2009 was a typical year. Officers requested my assistance in 4 death notifications and on 13 death scenes. Five of the death scenes or notifications involved suicide. On some occasions, follow up contact with these families consisted of officiating at the funeral or in counseling sessions. On every occasion, I can confidently say that the family's impression of LPD is more positive because of their contact with a chaplain. Officers also requested my service on other occasions that indicate they are beginning to understand the multiple roles in which they can utilize me. For example, I was called to a home in which a 14 year old female was involved in self-destructive behavior. The call resulted in several family counseling sessions. On another occasion I was called to a house fire scene to comfort a distraught teenager who was home alone at the time. Five officers or their wives also sought me out in my role as a therapist for counseling in marital or emotional health issues. This is an encouraging development that I anticipate will increase this year. I also had the joy of doing premarital counseling and officiating at officer James Stevens' wedding. 2009 was a year of promise in a number of ways. The outstanding board of directors of LPCS has continued to lay the ground work for an organization that will serve LPD and this community for years into the future. Officers are using me in the expanded capacity of a mental health professional and not just a chaplain. And finally, Chaplain Jeff Dexter returned from military deployment in Iraq and is engaged with the department again. Successful chaplaincy programs are built upon the informal relationships that the chaplain has established with the officer. Therefore, I continue to ride along with officers or attend briefings. I consider it a great honor to be associated with this outstanding department. Serving those who protect and serve, Chaplain Bellows PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 16th day of February, 2010, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and LAKEVILLE POLICE CHAPLAIN SERVICES ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth on the attached Exhibit "A". The Consultant agrees to perform the services. 2. COMPENSATION. Consultant shall be paid by the City in accordance with the attached Exhibit "B". 3. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 4. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 5. INSURANCE. The Consultant shall purchase and maintain insurance to protect itself from claims under the Worker's Compensation Act. The Consultant shall purchase and maintain insurance to protect itself from claims for damages because of bodily injury, including personal injury, sickness or disease, or death of any of its employees for any person other than its employees; and from claims for damages because of injury to or destruction of tangible property including loss or use resulting therefrom and from claims arising out of the performance of this Agreement by the Consultant. The base limits of this policy shall be $1,000,000 combined single limit. The Consultant shall provide the City with evidence of insurance in the form of a certificate from the insurer naming all policies no later than fifteen (15) days after the execution of this Agreement. The City shall be an additional named insured on the Consultant's insurance policy. All such insurance policies shall contain a provision that they may not be cancelled unless prior written notice thereof is given to the City not less than ten (10) business days prior to such cancellation date. 6. 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 15002101 RNK:02/04/2010 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. 7. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 8. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 9. 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. 10. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 11. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. TERM. The term of the contract shall be three years. Either party may terminate this Agreement, however, with or without cause upon written notice to the other party. In December of each year the Consultant must meet with the Chief of Police or the Chief's designee and provide a summary of the past years performances and goals for the upcoming year. 15002101 2 RNK:02/04/2010 15. MEMBERSHIP. Consultant, its employees and volunteers shall represent themselves as non -denominational when providing secular chaplain services to members of the public or the Lakeville Police Department. 16. SUPERVISOR. The Consultant shall work under the direct supervision of the Chief of Police or the Chief's designee. 17. REFERRALS. The Consultant shall only respond and/or become involved on behalf of the City when requested to do so by a Lakeville Police Department employee or a family member oftheir families. 18. REFERRAL SERVICES. If the Consultant performs ongoing services outside the scope of this Agreement as a result of an initial request made by the Lakeville Police Department, those ongoing services are independent of the Lakeville Police Department and the City of Lakeville. The Consultant shall advise the client seeking additional services in writing that any fees for service are independent from the City of Lakeville and the Lakeville Police Department. This advisory must be signed by the client and a copy given to the Chief of Police or the Chief s designee. CITY OF LAKEVILLE BY: Mayor AND: City Clerk Dated: , 20 15002101 RNK:02/04/2010 I'M Its Dated: .20 3 EXHIBIT "A" SERVICES 1. The Consultant will provide secular police chaplaincy services on a 24 hour, seven day a week basis to the assist Lakeville Police Department officers and non -sworn staff in providing services to the victims and families of homicide, suicide, sudden death or any other traumatic event or emotional crisis for the term of this contract. 2. The Consultant will be available for call out for chaplaincy services by the Lakeville Police Department on a 24/7 basis, during the term of this contract. In the event that the Consultant is not available, it is the Consultant's responsibility to designate an Associate Police Chaplain to serve on an "on-call" basis. The Lakeville Police Department may provide the Consultant with a pager for this purpose, if needed. 3. Provide comfort, consolation, spiritual, and practical advice to persons confronted with traumatic crisis or death as a result of homicide, suicide, or accident. Give victims and survivors appropriate information and putting them in contact with the proper agencies to assist and support them. 4. On request, follow up with individuals who have attempted suicide or who are involved in self destructive behavior that generates repeated calls to the Lakeville Police Department, to offer comfort, spiritual, and practical advice. Provide individuals with appropriate information and make referral to the proper agencies to assist and support them, 5. Act as a liaison between all of the Lakeville faith communities, social service agencies, other non-profit organizations offering services in Lakeville, and the Lakeville Police Department. 6. Provide spiritual and practical guidance, counsel, and support to all members of the Lakeville Police Department, both sworn and civilian, and their families, as needed and desired. 7. Develop for the Lakeville Police Department a religiously, ethically, and culturally diverse community of clergy to assist the Lakeville Police Department as a resource and service to the community. 8. Recruit, train and mentor clergy of all faiths to serve as volunteer Lakeville Police Department Associate Chaplains, as needed. 9. The Consultant will work to build and maintain a positive relationship between all the various faith communities in Lakeville. 10. The Consultant will prepare an annual summary report of chaplaincy services provided during the term of this contract for presentation to the Chief of Police. 11. While providing chaplaincy services to the Lakeville Police Department, the Consultant will conform to all applicable standards of the Lakeville Police Department Policy and Standards Manual. 12. All other tasks related to police chaplaincy services as directed by the Chief of Police. 11951801 5 RNK:07/06/200 EMEMIT KB" COMPENSATION There will be no financial remuneration by the City of Lakeville to the Consultant for the chaplaincy services provided in this contract. The Consultant is responsible for all costs associated with the program including, but not limited to: travel expenses, continuing education, personal compensation, and equipment expenses. The City of Lakeville or the Lakeville Police Department shall not be responsible for any cost as a result of this contract or their affiliation with Lakeville Police Chaplain Services. 119518vOl RNK:07/06/200