HomeMy WebLinkAboutFocus Psychological Services Inc; 2020-03-04;AGREEMENT FOR PSYCHOLOGICAL COUNSELING SERVICES
FOCUS PSYCHOLOGICAL SERVICES, INC.
THIS AGREEMENT is made and entered into as of the l-J-f:h day of ~..A.£b , 20~, by and between the CITY OF CARLSBAD, a municipal
corpor(cm, ("City"), and Focus Psychological Services, a counseling service for first responders,
("Contractor").
RECITALS
City requires the professional services of a counseling service that is experienced in law
enforcement and other first responders. Contractor has the necessary experience in providing
these professional services, has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be nine-thousand dollars ($9,000). No
other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent ( 10%) retention
until City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
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6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII";
OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers
(LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each,
unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to the City. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City's execution of this Agreement.
7. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Christie Calderwood
Title Lieutenant
Department Police ----------City of Carlsbad
Address 2560 Orion Way
Carlsbad, CA 92010
Phone No. 760-931-3820
For Contractor
Name Jolee Brunton
Title Chief Psychologist
Address 444 Camino del Rio S
San Diego, CA 92108
Phone No. 858-565-0066
Email joleebrunton@mac.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes No X
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
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10. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
11. CLAIMS AND LAWSUITS
By signing this Agreement,, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
12. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
13. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
14. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
15. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By~~~ ·~ ,z ... City anageror Mayor or Director
Neil Gallucci, Chief of Police
ATTEST:
C~rrL~
~ARBARA ENGLESON
LJ' c.ity Clerk
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If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
'
By: ~ f {. ~
Assistant City Attorney
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Counseling Services:
EXHIBIT "A"
SCOPE OF SERVICES
Counseling and psychotherapy are the main components of Focus services. Focus offers individual,
couple, and family counseling for adults, teens and children Focus has a child psychologist. specializing
in children under the age of 10. Counseling is available for, but not limited to, the following
Critical incident related trauma
Stress management
Anger Management
Habit Control
Depression
Anxiety
• Relationship difficulties
• Grief/bereavement
• Substance/alcohol abuse and
dependency
• Sexual dysfunction
Counseling and psychotherapy services are available to all Carlsbad Police Department personnel and
their dependents (defined as anyone currently living under the same roof and all minor children). There is
no limit on the number or frequency of appointments.
Critical Incidents:
Exposure to death (especially the death of a co-worker), horrific injuries, child abuse and neglect, and on-
duty injuries are but a few of the potentially traumatic situations facing your personnel.
Training-Focus will provide brief, practical briefing training, either in person and/or in digital format
This training is designed to educate and prepare police personnel for potential adverse symptoms
originating from a critical incident.
Defusing-Focus personnel are available 24-hours a day to respond to Carlsbad Police in the
aftermath of a critical incident to conduct a defusing. A defusing allows the involved personnel a time
and place to express their initial feelings and concerns about the incident and receive information on
common symptoms of critical incident stress.
Debriefing-Focus personnel will conduct critical incident stress debriefings for Carlsbad Police
Department. A critical incident stress debriefing is more formalized and structured than a defusing. It
normally occurs 24 to 72 hours after the critical incident and it is recommended that all personnel
involved in the incident attend.
Individual and Family Counseling-Focus professionals are trained and experienced in treatment
modalities designed to alleviate symptoms of critical incident stress and PTSD, including EMDR and
Trauma Informed techniques.
Peer Support Assistance
Focus is available to the Carlsbad Police Department Peer Support Team for the following:
Attend monthly peer support meetings
Provide clinical supervision of peer support officers
Initial and ongoing training
Debrief the Peer Support Team in the aftermath of a critical incident
COST OF SERVICES
Annual Contract:
Focus charges an annual fee $9,000 for all services. This amount is divided into equal monthly
payments of $750. This is based upon the size of the agency and the expectation that there will
be an average of ten hours of counseling, at $75 per hour, each month Focus can provide
training at the agency's request for any of the unused hours.
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Account Number: CA FOCU 4441 Date: 1/31/20 Initials: LL
CERTIFICATE OF INSURANCE
)'\.LLIED WORLD INSURANCE COMPANY
C/0: American Professional Agency, Inc.
95 Broadway, Amityville, NY 11701
800-421-6694
This is to certify that the insurance policies specified below have been issued by the company
indicated above to the insured named herein and that, subject to their provisions and conditions,
such policies afford the coverages indicated insofar as such coverages apply to the occupation
or business of the Named Insured(s) as stated.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS
THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE.
Name and Address of Named Insured:
FOCUS PSYCHOLOGICAL SVCS, INC.
A PSYCHOLOGICAL CORPORATION
444 CAMINO DEL RIOS
SUITE 215
SAN DIEGO CA 92108
Type of Work Covered: PROFESSIONAL PSYCHOLOGIST
Location of Operations: N/A
(If different than address listed above\
Claim History:
Retroactive date is 01/30/2015
Policy Effective
Coverages Number Date
PROFESSIONAL/
LIABILITY 5012-8844 1/30/20
Additional Named Insureds:
JOLEE BRUNTON, PH.D.
JESCELLE TIONGCO, PSY.D.
DAVID BOND, PSY.D.
HANNAH SCHMIDT, M.A.
CHELSEA STERLING, M.A.
GABRIELA CASTORADAS,PSYD
Expiration Limits of
Date Liability
2,000,000
1/30/21 4,000,000
NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED, WHO SHALL
ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE OF
CANCELLATION.
Comments: Defense Reimbursement Proceedings Limit is $150,000.
This Certificate Issued to:
Name: FOCUS PSYCHOLOGICAL SVCS, INC.
A PSYCHOLOGICAL CORPORATION
Address: 444 CAMINO DEL RIO S
SUITE 215
SAN DIEGO CA 92108
)'\.PA 00138 00 (06/2014)
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