Loading...
HomeMy WebLinkAboutFocus Psychological Services; 2023-08-15;City Attorney Approved Version 4/24/2023 AGREEMENT FOR PSYCHOLOGICAL COUNSELING SERVICES FOCUS PYSCHOLOGICAL SERVICES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 20___, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Focus Psychological Services, a corporation, ("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 WORKCity 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 inaccordance with the terms and conditions set forth in this Agreement. 2.TERMThis Agreement will be effective for a period of one (1) from the date first above written. The CityManager may amend the Agreement to extend it for two (2) additional one (1) year periods orparts thereof. Extensions will be based upon a satisfactory review of Contractor's performance,City needs, and appropriation of funds by the City Council. The parties will prepare a writtenamendment indicating the effective date and length of the extended Agreement. 3.COMPENSATIONThe total fee payable for the Services to be performed shall not exceed ten thousand dollars($10,000.00). No other compensation for the Services will be allowed except for items coveredby 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’sindependent calling, and not as an employee of City. Contractor will be under the control of Cityonly as to the results to be accomplished. 5.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorneysfees 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. DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 23 15TH August City Attorney Approved Version 4/24/2023 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 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 For Contractor Name Eric Kovanda Name Jolee Brunton Title Lieutenant Title Chief Psychologist Department Police Address 444 Camino Del Rio South, Suite 215 City of Carlsbad San Diego, CA 92108 Address 2560 Orion Way Phone No. 858-565-0066 Carlsbad, CA 92010 Email joleebrunton@mac.com Phone No. 442-339-2146 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 as required in the City of Carlsbad Conflict of Interest Code. Yes No If yes, list the contact information below for all individuals required to file: DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 □ ■ City Attorney Approved Version 4/24/2023 Name Email Phone Number 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. 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. // // // // DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 City Attorney Approved Version 4/24/2023 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Chief of Police (print name/title) ATTEST: By: (sign here) SHERRY FREISINGER City Clerk (print name/title) 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. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CINDIE K. McMAHON, City Attorney By: Deputy / Assistant City Attorney DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 CHIEF PSYCHOLOGISTJolee Brunton llti d:.u, UJillitU¼ s City Attorney Approved Version 4/24/2023 EXHIBIT “A” SCOPE OF SERVICES Orientation Information: Focus will provide orientation information to CARLSBAD POLICE DEPARTMENT employees in the form of: • Attending new employee training events • Providing Focus informational literature • Attending staff meetings and briefings to provide training • Focus personnel ride-alongs Counseling Services: Counseling and psychotherapy are the main components of Focus’ services. These services can be used with individuals, couples, and families, and are available for, but not limited to, the following: • Critical incident related trauma • Stress management • Depression • Anxiety • Relationship difficulties • Grief/bereavement • Substance/alcohol abuse and dependency • Sexual dysfunction Focus’ services are available to CARLSBAD POLICE DEPARTMENT personnel and their cohabitating partners. Focus will meet with the parents of children under the age of 18 to provide them with tools to help their children. On a case-by-case basis, Focus clinicians may meet individually with juveniles. Retired first responders are eligible for Focus services. Critical Incidents: Exposure to death (especially the death of a co-worker), horrific injuries, child abuse and neglect, are but a few of the potentially traumatic situations your personnel. Training-Focus will provide brief, practical briefing training, either in person or in digital format. This training is designed to educate and prepare your personnel for potential adverse symptoms originating from a critical incident. Defusing-Focus personnel are available 24-hours a day to respond to CARLSBAD POLICE DEPARTMENT in the aftermath of a critical incident to conduct a defusing. In addition, Focus will train peer support and chaplains to defuse incidents where a mental health professional is not requested. 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. DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 City Attorney Approved Version 4/24/2023 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. Peer Support Assistance Focus is available to the CARLSBAD POLICE DEPARTMENT Peer Support Team for the following: • Program development • Attend monthly peer support meetings • Provide clinical supervision of peer supporters • Initial and ongoing training • Debrief the Peer Support Team in the aftermath of a critical incident CONFIDENTIALITY Focus Psychological Services believes that a client’s ability to have confidential communication with their mental health provider is the foundation to optimal mental health. Focus does not report to, or bill CARLSBAD POLICE DEPARTMENT in a manner that would identify individual clients. Recognizing that Focus personnel attend city and county meetings, ride-alongs and briefings, it is likely they will encounter clients outside the Focus office. During those times, Focus clinicians will not greet or acknowledge a client unless the client initiates contact. All services are strictly confidential, with exception of those circumstances that we are legally mandated to report (elder/child abuse, Tarasoff situations). 1. Contractor is required by law to abide by standard HIPAA regulations in the State of California. 2. All records will be maintained at the office, and all issues of client confidentiality will be protected. Records will not be released without signed employee authorization or legal proceedings that compel records such as a subpoena. 3. The Carlsbad Police Department will not be advised of names of employees who utilize the service, unless the employee gives a release of information. 4. Every attempt will be made to prevent overlap of employee appointments. 5. All issues of suicide, homicide, child abuse, elder abuse, and dependent adult abuse reporting will be made according to standard procedure to protect the client if a danger to self or others is assessed. This includes reports to the appropriate agency as required, including CPS, APS and 911. COST OF SERVICES Contract: • For the period between July 1, 2023, through June 30, 2024, Focus will charge CARLSBAD POLICE DEPARTMENT $100 per counseling session and $100 per training/defusing/debriefing hour. DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 DocuSign Envelope ID: 5B6C691A-FAE2-4054-B875-2C7429DFB76E 8/2/2023 DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: f\YY\ {J\ nd u'l iu \Le'( I -v O \f Cl '0€'f O'ftvY1--e1't 7 \ 2 l.P 123 (Name and Department) (Date) Proposedmodification(s)tothe ~L} ft\)t'o requirement(s)for fOCV~ P.S'\(\11C)!o ~·ca\ SeyVi(eL (Type of insurance) (Name of contra ) I Y) c_. D Reduce coverage to the amount of: =-$ _____ _ 5g Waive coverage D Other: ______________________________ _ FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) □Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] ______ _ □Significance of Contractor: Contractor has unique skills and there are·few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable J □Contract Amountffenn of Contract: $ ______ . Work will be completed over a period of __ _ □Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain}. __________________________ _ Approved by Risk Manager for this contract only: (Signature) (Date) WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 July 25, 2023 Carlsbad Police Department 2560 ORION WAY CARLSBAD CA 92010 Account Information: Policy Holder Details :JOLEE BRUNTON DBA FOCUS PSYCHOLOGICAL SERVIC Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team DocuSign Envelope ID: 5B6C691A-FAE2-4054-B875-2C7429DFB76EDocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 THE1 HARTFORD D CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/25/2023 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(ies) must be endorsed. If SUBROGATIONIS 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 SCF INSURANCE SERVICES INC 72160342 PO BOX 1300 LA MESA CA 91944 CONTACT NAME: PHONE (A/C, No, Ext): (619) 589-0303 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Property and Casualty Insurance Company of Hartford 34690 INSURED JOLEE BRUNTON DBA FOCUS PSYCHOLOGICAL SERVIC 444 CAMINO DEL RIO S STE 215 SAN DIEGO CA 92108-3510 INSURER B : INSURER C : 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A 72 WBC PE2893 09/15/2022 09/15/2023 X PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION Carlsbad Police Department 2560 ORION WAY CARLSBAD CA 92010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 5B6C691A-FAE2-4054-B875-2C7429DFB76EDocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9 A CC>R b<lt, ,........___..., I -~ □ ~ □ □ ~ ~ - L--1--- L--1--- L--H I I I I I [ From:Deb Bond To:Amanda Baker Subject:Fwd: APPLICATION FOR BUSINESS LICENSE ID- 27248 Date:Wednesday, July 26, 2023 7:54:51 AM Good morning Amanda, Here you go. Best regards, Deb Sent from my iPhone Begin forwarded message: From: business.license@carlsbadca.govDate: July 25, 2023 at 14:50:13 PDTTo: billingfocus@gmail.comSubject: APPLICATION FOR BUSINESS LICENSE ID- 27248 Dear Debra Bond, Thank you! Your new business license application has been received and is being reviewed. Your reference number is 27248. If any data was entered incorrectly, please email business.license@carlsbadca.govand include your reference number. The current processing time is 3-4 weeks. An invoice for payment will be sent once your application has been processed and all necessary department approvalsare received. Due to the high volume of applications received, we are unable to expedite the application. Thank you for your patience during this time. Sincerely, Business License Staff City of Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. DocuSign Envelope ID: F8BA394F-B27D-48B1-BD89-149C080710C9