The URL can be used to link to this page

Home My WebLink About040-26 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 40-26 File Number: 2025-2516 A RESOLUTION TO APPROVE A CONTRACT WITH NIKKI PENN COUNSELING AND CONSULTING PLLC TO PROVIDE A MENTAL WELLNESS PROGRAM FOR THE FAYETTEVILLE FIRE DEPARTMENT IN THE AMOUNT OF $75,000.00 PER YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL YEARS WHEREAS, per the Fayetteville Fire Department Wellness Program Administrative Policy, the behavioral health of members is considered as important as physical health; and WHEREAS, physical fitness is a balance between good health, strength, fitness, and durability, while behavioral wellness involves a person’s thoughts, feelings, and behavior; and WHEREAS, members who balance their physical, behavioral, and emotional fitness tend to fare better in life and a comprehensive mental wellness program teaches individuals how to engage in daily practices that help them cope with the stressors within the fire service while also maximizing their body and mind wellness; and WHEREAS, Nikki Penn Counseling and Consulting PLLC offers a comprehensive mental wellness program that teaches individuals how to engage in daily practices to help them cope with the stressors within the fire service while also maximizing their body and mind wellness; and WHEREAS, pursuant to Ark. Code Ann. § 19-61-103(14)(H), “fees, including medical fees and physician fees” are exempt from competitive bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a Services Agreement with Nikki Penn Counseling and Consulting PLLC to provide a mental wellness program for the Fayetteville Fire Department in the amount of $75,000.00 per year with automatic renewals for up to four additional years. PASSED and APPROVED on January 20, 2026 Approved: Attest: _______________________________ Molly Rawn, Mayor _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2516 MEETING OF JANUARY 20, 2026 TO: Mayor Rawn and City Council THROUGH: Brad Hardin, Fire Chief FROM: Granville Wynn, Fire Operations Manager SUBJECT: Mayor’s Approval and Signature of Agreement with Nikki Penn Counseling and Consulting PLLC for Mental Wellness Program for Fayetteville Fire Department RECOMMENDATION: Staff requests a bid waiver and the Mayor’s approval and signature on a Services Agreement between Nikki Penn Counseling and Consulting PLLC (Penn Counseling) and the City of Fayetteville Fire Department to provide a Mental Wellness Program at a cost of $75,000.00 for 2026 with the option to automatically renew for up to four (4) additional years. BACKGROUND: Per the Fayetteville Fire Department Wellness Program Administrative Policy, the behavioral health of members is considered as important as physical health. Physical fitness is a balance between good health, strength, fitness, and durability, while behavioral wellness involves a person’s thoughts, feelings, and behavior. Members who balance their physical, behavioral, and emotional fitness tend to fare better in life. Challenges such as substance abuse, death of a loved one, financial distress, marital and family problems affect personnel both on and off the job. If their ability to cope with these challenges is compromised, firefighters are less able to deal with these stresses and their mental and emotional health suffer. A comprehensive mental wellness program such as the one provided by Penn Counseling teaches individuals how to engage in daily practices that help them cope with the stressors within the fire service while also maximizing their body and mind wellness. DISCUSSION: Nikki Penn Counseling and Consulting PLLC is trained specifically in working with emergency responders and provides these types of services to other fire departments. This Mental Wellness Program will include peer support with quarterly meetings with Continuing Education training, mental fitness checkups, and one departmental class offered six times to meet shift needs. BUDGET/STAFF IMPACT: Funds are available in the approved Budget and Work Program for this expenditure. ATTACHMENTS: 3. Staff Review Form, 4. Contract, 5. Appendix A Contract Proposal, 6. Appendix B Certificate of Liability NPCAC Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2516 A RESOLUTION TO APPROVE A CONTRACT WITH NIKKI PENN COUNSELING AND CONSULTING PLLC TO PROVIDE A MENTAL WELLNESS PROGRAM FOR THE FAYETTEVILLE FIRE DEPARTMENT IN THE AMOUNT OF $75,000.00 PER YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL YEARS WHEREAS, per the Fayetteville Fire Department Wellness Program Administrative Policy, the behavioral health of members is considered as important as physical health; and WHEREAS, physical fitness is a balance between good health, strength, fitness, and durability, while behavioral wellness involves a person’s thoughts, feelings, and behavior; and WHEREAS, members who balance their physical, behavioral, and emotional fitness tend to fare better in life and a comprehensive mental wellness program teaches individuals how to engage in daily practices that help them cope with the stressors within the fire service while also maximizing their body and mind wellness; and WHEREAS, Nikki Penn Counseling and Consulting PLLC offers a comprehensive mental wellness program that teaches individuals how to engage in daily practices to help them cope with the stressors within the fire service while also maximizing their body and mind wellness; and WHEREAS, pursuant to Ark. Code Ann. § 19-61-103(14)(H), “fees, including medical fees and physician fees” are exempt from competitive bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a Services Agreement with Nikki Penn Counseling and Consulting PLLC to provide a mental wellness program for the Fayetteville Fire Department in the amount of $75,000.00 per year with automatic renewals for up to four additional years. City of Fayetteville Staff Review Form 2025-2516 Item ID 1/6/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Brad Hardin 11/21/2025 FIRE (300) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests the Mayor’s approval and signature on a Services Agreement between Nikki Penn Counseling and Consulting PLLC (Penn Counseling) and the City of Fayetteville Fire Department to provide a Mental Wellness Program at a cost of $75,000.00 Budget Impact: 1010.300.3020-5314.00 General Account Number Fund Project Number Project Title Budgeted Item?Yes Total Amended Budget $180,700.00 Expenses (Actual+Encum)$- Available Budget $180,700.00 Does item have a direct cost?Yes Item Cost $75,000.00 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $105,700.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: 20 January 2026 d. The City's Fire Chief is the project representative with respect to the services to be performed under this Agreement. The Fire Chief shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used, under this Agreement. 4. PENN COUNSELING Responsibilities: a. PENN COUNSELING shall furnish the necessary qualified personnel to provide the Services. PENN COUNSELING represents that it has access to the experience and capability necessary to and agrees to perform the Services with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services at the time when and the location in which the Services were performed. This undertaking does not imply or guarantee a perfect Project and in the event of failure or partial failure of the product or the Services, PENN COUNSELING will be liable only for its failure to exercise diligence, reasonable care, and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure PENN COUNSELING's performance. b. PENN COUNSELING agrees that it shall provide the professional services listed in Appendix A as well as or including but not limited to the following: i Program Administration and Leadership • Implement and manage department -wide mental health and wellness programming • Direct, coordinate, and support the administration and operation of psychological wellness initiatives and related expenditures • Oversee the structure, goals, and implementation of the Department's Peer Support Program • Provide ongoing guidance, supervision, and resource support to Peer Support Team members • Train new Peer Support Team members and assist with continuing education opportunities • Maintain program materials and wellness literature ii. Critical Incident Support • Facilitate access to appropriate mental health support following critical incidents • Provide a culturally competent mental health clinician for non -clinical, non -diagnostic supportive debriefs within one week of an event • Review emotionally challenging calls and communicate needs or recommendations to the Peer Support Team Lead as appropriate • Oversee critical incident intervention procedures and follow-up processes iii. Wellness. Prevention and Education City of Fayetteville, AR Contract: Nikki Penn Counseling & Consulting, PLLC Page 2 of 7 • Provide annual confidential mental fitness check -ins for firefighters and administration. These check -ins are not counseling, psychotherapy, or diagnostic assessments • Develop and deliver mental health and wellness education, including in-service training, written materials, and prevention initiatives • Oversee and enhance wellness initiatives for firefighter spouses and families • Support early identification of stress reactions and facilitate timely connection to appropriate resources • Provide a sleep support program utilizing available Employee Assistance Program (EAP) resources • Conduct station visits as needed to maintain rapport and accessibility • Maintain expert -level knowledge in the field of emergency responder psychology and advise administration as requested iv. Community and Professional Collaboration • Maintain partnerships with external providers and a vetted list of mental health professionals for referrals • Coordinate with outside professionals, contractors, or specialists engaged in wellness programming at the Department's request c. PENN COUNSELING shall not provide the following services as part of this Contract: • Fit -for -duty evaluations • Return -to -duty evaluations • Psychological testing • Employment suitability evaluations • Clinical diagnosis, treatment, or counseling unless separately contracted outside this Agreement • Recommendations regarding personnel decisions Nothing in this Agreement shall prohibit PENN COUNSELING from providing clinical diagnosis, treatment, counseling, or related services to individuals outside the scope of this Agreement, including through insurance, employee assistance programs (EAPs), or other separate arrangements. S. Non -Assignment: PENN COUNSELING shall not assign its duties under the terms of this agreement without prior written consent of the City. 6. Indemnification and Hold Harmless: a. PENN COUNSELING agrees to hold the City harmless, indemnify, and defend the City against any and all claims for property damage, personal injury or death, arising from PENN COUNSELING's performance under this contract. This clause shall not, in any form or manner, be construed to waive that tort immunity set forth under Arkansas Law. City of Fayetteville, AR Contract: Nikki Penn Counseling & Consulting, PLLC Page 3 of 7 b. As the City's sole and exclusive remedy under this contract any claim, demand or suit shall be directed and/or asserted only against PENN COUNSELING and not against any of PENN COUNSELING's employees, officers or directors. Neither the City nor PENN COUNSELING shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this contract or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 7. Insurance: a. PENN COUNSELING shall furnish a certificate of insurance addressed to the City within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract. If applicable, PENN COUNSELING shall require any subcontractor to provide insurance. In the event any employee engaged in work on the project under this contract is not protected under Worker's Compensation insurance, PENN COUNSELING shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of their employees are not otherwise protected. Worker's Compensation coverage shall be applicable with state law. L PENN COUNSELING shall carry the following coverages, at minimum: 1. Worker's Compensation Insurance —Statutory Amount 2. Automotive Insurance covering all vehicles and trailers, if applicable 3. Professional Liability - $1,000,000 each occurrence, $3,000,000 aggregate ii. Certificates of Insurance shall list the City as an additional insured. Listing the CITY as a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the City listed as an additional insured. 8. Price: a. PENN COUNSELING shall perform the services included in this proposal, for one year with the option to automatically renew for up to four (4) additional years, using the fee breakdown for services and purchases as identified in Appendix A. i. Additional services requested that fall outside the scope of this project shall be provided on a time -and -materials basis, subject to pre -approval. 9. Payments: a. Payments shall be made after approval and acceptance of each itemized invoice, which shall not be unreasonably withheld. b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of invoice. Electronic funds transfer is preferred. City of Fayetteville, AR Contract: Nikki Penn Counseling & Consulting, PLLC Page 4 of 7 10. Terms: This contract shall be effective on January 1, 2026, conditioned on its approval by the Fayetteville City Council, and shall continue through December 31, 2026. The contract shall be automatically renewable for up to four (4) annual, automatic renewals for a possible contract term of five (5) years. 11. Ownership of Documents: a. All documents provided by the City are and remain the property of the City. PENN COUNSELING may retain copies of documents. b. PENN COUNSELING shall retain its rights in its standard document details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of PENN COUNSELING. 12. Independent Contractor: PENN COUNSELING is an independent contractor of the City and shall maintain complete responsibility for applicable state or federal law on necessary licensures, professional liability coverage, unemployment insurance, withholding taxes, social security, or other industrial, labor or discrimination law for its employees. PENN COUNSELING is responsible for its agents, sub -consultants, methods, and operations. 13. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed), or overnight courier. 14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 15. Confidentiality: PENN COUNSELING will strictly adhere to all applicable laws and ethical standards governing confidentiality of mental health information. PENN COUNSELING shall not release identifying information, content of conversations, or mental fitness check -in information to the City without written consent of the individual. PENN COUNSELING shall not maintain confidential employee information on City -owned servers or shared platforms or share protected health information (PHI) through City systems. However, PENN COUNSELING may provide non -identifying, aggregate -level data or general observations related to program effectiveness, training needs, or department -wide wellness trends. 16. Termination: This Contract may be terminated by the City or PENN COUNSELING for any reason with thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may terminate City of Fayetteville, AR Contract: Nikki Penn Counseling & Consulting, PLLC Page 5 of 7 this Agreement after giving seven (7) days' notice to remedy the breach. On termination of this agreement, the City shall pay PENN COUNSELING for the services performed through the date of termination within thirty (30) days of acceptance of final invoice. 17. Changes in Scope or Price: Changes, modifications, or amendments in scope, to this contract shall not be allowed without a prior formal contract amendment approved by the City in advance of the change in scope. A maximum of two percent (2%) annual increase shall be allowed without a formal contract amendment. Increases shall be agreed upon by June 301h for the following year. No modification of this contract shall be binding unless made in writing and executed by both parties. 18. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 19. Contract Administration: The Mayor or their Designated Representative shall be the Contract Administrator for this contract. PENN COUNSELING's Principal or their Designated Representative shall be the primary contact for all matters pertaining to this contract. 20. Professional Responsibility: PENN COUNSELING shall exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. 21. Availability and Performance: PENN COUNSELING shall make reasonable efforts to be available to administration, firefighters, and staff during mutually -agreed times, provide timely support following critical incidents, deliver scheduled trainings and meetings, and maintain open communications with the Fayetteville Fire Department's designated point of contract. 22. Permits & Licenses: PENN COUNSELING shall secure and maintain any and all permits and licenses required to complete this Contract. PENN COUNSELING further agrees that it shall maintain an active Arkansas mental health license and EMDR certification, participate in required continuing education, and maintain compliance with all applicable laws, rules and ethical standards. 23. Entire Agreement: These Contract documents constitute the entire agreement between the City and PENN COUNSELING and may be modified only by a duly executed written instrument signed by the City and PENN COUNSELING. In the event of a conflict between the terms of this Contract and the appendices, this Contract shall control. 24. Force Majeure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or City of Fayetteville, AR Contract: Nikki Penn Counseling & Consulting, PLLC Page 6 of 7 01/20/2026 870-793-0071 npenn@nikkipenn.com Fayetteville Fire Department Mental Wellness Unit Coordinator Position: Contract Provider Department: Fire Department Contract Length: January 1, 2026- December 31, 2026 Contract Cost: $75,000.00 Date Prepared: 11-20-25 GENERAL DESCRIPTION OF POSITION The provider is responsible to implement and perform a wide range of specialized programming in an effort to provide a department-wide holistic approach to fire department mental health wellness and awareness. ESSENTIAL DUTIES AND RESPONSIBILITIES 1. Provide consistent and effective interactions to foster positive relationships with firefighters, administration, staff, and others outside of the department that are instrumental in meeting our goals. 2. Directs and manages the administration, operation, and coordination of psychological wellness programming, services and referrals, and associated expenditures. 3. Oversee the design, implementation, and goals of the department’s essential peer support program. 4. Provide consistent support and guidance for the peer support group to help ensure each group member feels supported, resourced, and guided to make the right decisions in peer support interactions. 5. Train new peer support members. 6. Ensure timely access to professional mental health support following critical incidents to promote recovery and resilience among personnel. 7. Oversee implementation of department strategies for early intervention of firefighter/staff stress management, resilience, and suicide prevention. 8. Provide a culturally competent mental health clinician for debriefs within a week of an event. 9. Oversee department policy and procedure of critical incident intervention and follow up. 10. Review the emotionally charged calls each day or as system allows and follow up with the team lead of the peer support team as needed. 11. Provide mental health education department wide through materials and in-service trainings. 12. Provide confidential mental health check-ups and resources to firefighters/administration yearly. 13. Oversee the design and content of program literature and wellness materials. 14. Build community partnerships within the field of mental health and wellness in an attempt to maintain a master list of approved, interviewed, and effective mental health professionals for regular referral of personnel and staff when needed. 15. Oversee the implementation and development of wellness programming aimed at the engagement of the firefighter spouse and family as to support wellness of the department and firefighter family. 16. Plans, organizes and directs the work of outside psychologists, clinical social workers, contractors, and support staff enlisted and engaged in the department's various psychological services and wellness programs. 17. Continue a culture of confidentiality, so needed resources are accessible and more effective for firefighters and administration. 18. Make station visits as needed in efforts to stay connected with each station/tour. 19. Provide a sleep program for interested firefighters struggling with insomnia utilizing EAP resources. 20. Support early identification of stress and connect individuals with appropriate resources. 21. Stay updated and provide administration with knowledge of the field of emergency responder psychology including areas of treatment, training, research, consultation, and program development; and of the principles, current practices, and techniques of counseling and clinical psychology as needed. 22. Support personnel in connecting with appropriate mental health resources to ensure timely and effective care. 23. Communicate clearly and concisely with staff, and encourage staff to maintain open communication. EDUCATION AND EXPERIENCE Master's degree in Psychology (clinical or counseling) Clinical Social Work, or equivalent degree in related human services field from an accredited university or college with 12+ years of training and experience in the culture of emergency responders. CERTIFICATES, LICENSES, REGISTRATIONS Licensed as a mental health professional with 25+ years of experience. EMDR certified. PUBLIC CONTACT Contact with the public as needed. EMPLOYEE CONTACT Regularly available to staff, administration, and firefighters. USE OF MACHINES, EQUIPMENT AND/OR COMPUTERS Must be proficient in the use of a personal computer, Microsoft Office Suite, Adobe Photoshop, and standard office equipment. OTHER SKILLS AND ABILITIES Ability to utilize both internal and external resources to obtain information and data necessary to carry out routine assignments and special projects. Must have ability to establish and maintain effective working relationships with management and staff. The provider should possess a thorough knowledge of mental health issues, principles, practices, methods, and theories. The provider must have good verbal and written communication skills as well as good organizational skills. Problem solving and analytical ability are required to perform duties of this position. PI-PHCP-011 (07/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY COVERAGE ENHANCEMENT This endorsement modifies and is subject to the insurance provided under the following: ALLIED HEALTHCARE PROVIDERS PROFESSIONAL AND SUPPLEMENTAL LIABILITY INSURANCE POLICY Following is a summary of the Limits of Liability and additional coverages provided by this endorsement. For complete details on specific coverages, refer to the endorsement wording below. SCHEDULE Limits of Liability $1,0 00.000 Each Occurrence $3,0 00,000 Aggregate Coverage Application Page # General Liability 1 Fire and Water Legal Liability 1 Personal Liability 2 Coverage provided herein is on an occurrence basis and will only apply to injury or damage caused by occurrences which happen on or after the effective date indicated in the Declarations, and prior to the policy's expiration, as indicated in the Declarations. L COVERAGE A. General Liability We will pay all amounts which you become legally obligated to pay, including host liquor liability and products liability, as a result of injury or damage to which this insurance applies. B. Fire and Water Legal Liability With respect to the insured's legal liability for damage to property which the insured does not own or have financial interest in, caused by: 1. Fire; 2. Discharge, leakage or overflow of water or steam from a plumbing, heating, refrigeration or air conditioning system; or 3. Rain which enters directly into the building through open doors, windows, skylights, transoms or ventilators; provided: a. The damage is caused by an occurrence that happens anywhere in the world, including the workplace, during the policy period; and b. The insured has not assumed liability under a contract or agreement that is greater than imposed by law. The most we will pay for all occurrences under this coverage is $250,000. This limit is included within and not in addition to the limits shown in the endorsement SCHEDULE. Page 1 of 8 Philadelphia Indemnity Insurance Company Locations Schedule The following locations are covered under the Liability Coverage Enhancement PI-PHCP-011 (07/10) Policy Number 020493 Location No. Address 1. 1275 E. College Street Batesville, AR 72501 2. 2890 Walnut Street Rogers, AR 72756 3. 425 W. Broadway North Little Rock, AR 72114