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HomeMy WebLinkAboutItem 06.bb Date: Item No. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BRENT RICHTER CONSULTING, LLC Proposed Action Staff recommends adoption of the following motion: Move to approve Professional Services Agreement with Brent Richter Consulting, LLC. Overview Passage of this motion will result in an Agreement, with Brent Richter Consulting, for the Police Department Wellness Program. Staff will have access to vital services for counseling, consulting, training, and psychological care. Primary Issues to Consider • Public Safety exposes employees to trauma. Caring for employees, by providing vital services, will result in a healthier workforce. • The provider has the required training to provide trauma-based care to employees. Supporting Information • Contract reviewed by the City Attorney Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Deputy Chief John Kornmann 9,600 December 7, 2020 Operating Budget 212628v5 1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 7th day of December 2020 by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and BRENT RICHTER CONSULTING, LLC, a Minnesota limited liability company ("Consultant"). RECITALS WHEREAS, the Consultant is a Minnesota limited liability company focused on counseling services for public safety employees; and WHEREAS, the Consultant represents that it has the requisite skills to assist City employee in providing psychological services including counseling, consultation and training to City public safety employees (“Professional Services”); and WHEREAS, the City believes that the provision of Consultant’s Professional Services to the City promotes public health, safety and the general welfare; and WHEREAS, the City desires to engage the Professional Services of the Consultant, and the Consultant desires to assist the City with its Professional Services. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to provide professional wellness services to City police department employees in accordance with City policies and the Scope of Services attached hereto as Exhibit A. Similar services will be provided by a Sonya Eastham Consulting, LLC (“Eastham Consulting”). Consultant will meet with City police department employees as designated by the City annually for a one-hour session. Consultant will provide a limited number of additional follow-up sessions for employee work-related issues up to a maximum of 2 additional visits per employee. The City has authorized a maximum of 30 total visits for the entire police department during the term of this Contract to be allocated between both Consultant and Eastham Consulting. The City will coordinate with Consultant and Eastham Consulting in the allocation of the visits. Consultant’s services will be provided at Consultant’s office located at 3820 Cleveland Avenue N., Suite 400, Arden Hills, MN 55112. 2. COMPENSATION. The City shall pay Consultant One Hundred Fifteen and no/100 Dollars ($115.00) for each one-hour session, which fee is inclusive of reimbursables, expenses, taxes and other charges. Consultant shall submit an invoice the City on a monthly basis, including a monthly time report. The City will normally pay an invoice within 35 days of receipt. Invoices shall be based on a confidential designation for each employee in a manner determined by the City for purposes of determining the number of sessions per employee. 3. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 4. RECORDS. Consultant shall maintain such records as are deemed necessary by the applicable professional and regulatory standards of the Minnesota Board of Behavioral Health & Therapy, 212628v5 2 State of Minnesota. The Consultant shall maintain records in a manner that insures confidentiality to service recipients. All reports provided to the Consultant shall be securely maintained in locked file drawers or a locked room. 5. EXCHANGE OF INFORMATION. The Consultant acknowledges that the City may withhold information, data, or reports when the release of such 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 prohibit by law or regulation. The Consultant agrees that no personal client information will be shared without a consent/release form being signed by the individual clients. Individual clients will receive an informed consent form when seeking counseling, whether part of the department annual mental health check-in or other service offered by the Consultant. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the services to be provided under the terms of this Agreement. 7. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. 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. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts 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 $1,000,000 each occurrence/$3,000,000 aggregate The City shall be named as an additional insured on the general liability and umbrella policies on a primary and noncontributory 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 One Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars ($3,000,000) aggregate with a deductible maximum of One Hundred Thousand Dollars ($100,000.00). Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 212628v5 3 10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. 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. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. 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. 14. 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. 15. 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 Dakota County. 16. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. PATENTED DEVICES, MATERIALS AND PROCESES. If the contract requires, or Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 18. GOVERNMENT DATA PRACTICES/PRIVACY. The Consultant agrees to abide by the applicable provisions of the Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13, HIPAA requirements and all other applicable state or federal rules, regulations or orders pertaining to privacy or confidentiality. The Consultant understands that all of the data created, collected, received, stored, used, maintained, or disseminated by the Consultant in performing those functions that the City 212628v5 4 would perform is subject to the requirements of Chapter 13, and the Consultant must comply with those requirements as if it were a government entity. This does not create a duty on the part of the Consultant to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 19. NON-DISCRIMINATION. The Consultant agrees during the life of this Agreement not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law. The Consultant will include a similar provision in all subcontracts entered into for performance of this Agreement. 20. TERM. This Agreement shall become effective on _________________, 2020 and shall terminate on ________________, 2021, except as otherwise provided herein. 21. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or any part thereof at any time, upon written notice to Consultant, effective upon delivery including delivery by facsimile or email. In such event, Consultant will be entitled to compensation for work performed up to the date of termination based upon a pro rata basis. 212628v5 5 Dated: __________________, 2020. CITY OF LAKEVILLE BY: _______________________________________ Douglas P. Anderson, Mayor AND Charlene Friedges, City Clerk Dated: __________________, 2020. BRENT RICHTER CONSULTING, LLC BY: Brent Richter, Chief Executive Manager 212628v5 6 EXHIBIT A SCOPE OF SERVICES Lakeville Police Department (LPD) Member Wellness Program -- Scope of Work Brent Richter, MA, LPCC of Brent Richter Consulting, LLC (heretofore referred to as Practitioner) will provide to department members an opportunity to meet and discuss professional wellness. These one- hour sessions, provided to each department member will focus on the effect of work-related stressors on an individual’s physical, emotional, mental, spiritual, relational and professional development. The goal of this program is to support, educate, and provide resources that assist department members in strengthening their current healthy coping mechanisms, identifying and eliminating unhealthy ones and to assist each department in developing new skills that foster resiliency in all facets of their lives. Individual wellness sessions will be provided under the Practitioner’s Mental Health Professional’s license and subject to the confidently afforded under that umbrella and in compliance with applicable state and federal law pertaining to privacy, confidentially and protected communication. Practitioner will provide these sessions at Practitioner’s office at 3820 Cleveland Avenue N., Suite 400. Arden Hills, Minnesota 55112 and Practitioner will be compensated at the rate of $115.00 per session. A limited number of additional sessions will be available for follow-up if mutually agreed upon by the department member and the Practitioner. This additional program- paid-for-meetings will be capped at a specific number of sessions and only available to a limited number of department members on a first- come first served basis. When additional sessions are needed, and it appears that there is no direct nexus to employment the Practitioner will discuss professional options with the department member and which may include referral to the City of Lakeville’s EAP (Sand Creek Group), or other professional resources as the choice and expense of the department member.