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HomeMy WebLinkAboutFocus Psychological Services; 2018-11-27;AGREEMENT FOR PSYCHOLOGICAL COUNSELING SERVICES (FOCUS PSYCHOLOGICAL SERVICES, INC.) THIS AGREEMENT is made and entered into as of the tl 7 ll'icJay of Oou ,-'20.[S by and between the CITY OF CARLSBAD, a municipal corporation, ("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 ($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. 6. INSURANCE City Attorney Approved VersiOftl/12/18 1 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 _P_o.;...l....;ice _______ _ 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. YesD Nofil 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. 2 City Attorney Approved Version 11~1' 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 -f< ~~ {si here) :::::Ph.D. {print name/title) By: {sign here) {print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By:~ ATTEST: ) (; . . \ JcvmclAo,t(7f LulU1J . BARBARA ENGLESON tr-city Clerk City Attorney Approved Version 6/~ 3 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 mY!1 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: ::LIA ~Yi:ttomey Assistant City Attorney City Attorney Approved Version 6/12/18 4 •, ~ '~ ~i EXHIBIT "A" SCOPE OF SERVICES Counseling 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 • Relationship difficulties • Stress management • Grief/bereavement • Anger Management • Substance/alcohol abuse and • Habit Control dependency • Depression • Sexual dysfunction • Anxiety 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. City Attorney Approved Version 6/12/18 5 FOCUS-2 OP ID: PK ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) ~ 11/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~¼~it"' Ingrid Van Moppes, CLU SCF Insurance Services, Inc. wgNJo Extl: 619-589-0303 I FAX License# 0606662 1AIC Nol: 619-589-1342 P.O. Box 1300 ~~l~~ss: ingrid®scfinsurance.com La Mesa, CA 91944-1300 Ingrid Van Moppes, CLU INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hartford Fire Ins. Co. 19682 INSURED Focus Psychological Services INSURER B: 444 Camino Del Rio S Ste 215 INSURER C: San Diego, CA 92108 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ><UUL :;Ut;f, /OLICY EFr 1~~T6%YYWv1 LIMITS LTR INSD wvo POLICY NUMBER MM/DDNYYYJ A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f--:=J CLAIMS-MADE 0 OCCUR DAMAGE l O RtN I t:u X 72SBALD8231 08/30/2018 08/30/2019 PREMISES IEa occurrence I $ 1,000,00C X Business Owners f-- MED EXP (Any one person) $ 10,00C PERSONAL & ADV INJURY f--$ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 ~ •PRO-DLoc 2,000,000 POLICY JECT PRODUCTS-COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea arndent) -A ANY AUTO 72SBALD8231 08/30/2018 08/30/2019 BODILY IN JURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ f--x X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) f--f-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X I ~~~TUTE I I OTH- AND EMPLOYERS" LIABILITY ER A YIN 72WBCPE2893 09/15/2018 09/15/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ 1,000,000 If yes. describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ A Property Section 72SBALD8231 08/30/2018 08/30/2019 PROPERTY 66,600 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Carlsbad is named as additional insured per the attached endorsement . CERTIFICATE HOLDER CANCELLATION CITYCAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave. AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 al7"rv-) ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy#: 72SBALD8231 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM C. Who is an insured in the BUSINESS LIABILITY or losses covered under the BUSINESS C. Who is an insured in the BUSINESS LIABILITY COVERAGE FORM is amended to include as an insured the person or organization shown in the Declarations but only with respect to liability arising our of the operations of the named insured. City of Carlsbad Form SS 04 49 05 93 Printed in U.S.A. (NS) For losses covered under the BUSINESS LIABILITY COVERAGE of this policy this insurance is Primarily to other valid and collective insurance which is available to the person or organization Shown in the Declarations as an Additional insured. 72SBALD8231 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This waiver of subrogation applies only: 1. to the person or organization; and' City of San Diego, its respective elected officials, employees, agents and representatives 2. for the insured's operations at the designated location shown in the Declarations. We waive any right to recovery we may have against any person or organization because of payments under the Business Liability Coverage Form. Form SS 12 150392 Printed in U.S.A. (NS) Copyright, Hartford Fire Insurance Company, 1992 Account Number: CA FOCU 4441 Date: 1/30/18 Initials: LUCILLEK CERTIFICATE OF INSURANCE ALLIED WORLD INSURANCE COMPANY C/O: 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 1/30/18 Additional Named Insureds: JOLEE BRUNTON, PH.D. MARK FOREMAN, PH.D. JESCELLE TIANOGO, PSY.D. MARLEY LIEBERMAN, M.A. DAVID BOND, PH.D. Expiration Limits of Date Liability 2,000,000 1/30/19 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: THE DEFENSE REIMBURSEMENT LIMIT FOR PROCEEDING ON THIS POLICY 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 APA 00138 00 (06/2014) /