AGREEMENT FOR SERVICESAGREEMENT FOR SERVICES
THIS AGREEMENT, entered into this [state] day of [arttifi], 2019, by and
between the CITY OF CLEARWATER ("City"), a Florida municipal corporation,
P.O. Box 4748, Clearwater, Florida 33758 and Tampa Bay Psychology
Associates, LLC, a Florida corporation, 111 North Belcher Road, Suite 101,
Clearwater, Florida, 33765.
WHEREAS, the City recognizes that police work is stressful, dangerous
and often stigmatized. Research has shown time and again that police officer
occupational stress is directly related to higher rates of heart disease, divorce,
sick days taken, alcohol abuse, and major psychological illnesses such as acute
stress disorder, post-traumatic stress disorder, depression, and anxiety
disorder. As such, the City desires to address mental health challenges faced
by officers proactively by providing mental health training, counseling, and other
services; and
WHEREAS, Tampa Bay Psychology Associates ("Professional")
agrees to provide Department training, consultation, and participation in
Department activities, response to and debriefing of critical incidents
involving Departmental employees (sworn and non -sworn), individual
counseling, psychological assessment and referral services, and other
ancillary and supplementary psychological services in support of the
Clearwater Police Department;
NOW THEREFORE, in consideration of the promises stated herein, the
City and Professional mutually agree as follows:
1. SCOPE OF PROJECT.
Professional agrees to provide all psychological counseling and
assessment services required by the Clearwater Police Department ("CPD"),
which services are more particularly described as follows:
A. Training, Consultation & Participation in CPD Activities:
Professional may be requested to participate in CPD meetings or
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provide training to CPD personnel to enhance professional understanding
of specific psychological related topics. Trainings may include educational
presentations at in-service trainings, post police academy training, or other
training at city-wide events. From time to time, police trainers, supervisors,
managers or other CPD leaders may request consultations with
Professional to develop trainings, assist with supervision or evaluation of
police personnel, or provide recommendations with respect to handling a
sensitive or volatile situation.
At the request of CPD, Professional shall conduct or assist CPD
personnel with regularly scheduled training sessions, to include, but not
limited to, the following:
(i) General and Educational Training (open to all CPD employees)
General trainings will focus on various aspects of mental health,
behavioral health and general wellness (alcoholic beverage awareness,
etc.). Trainings may be variable in length at the mutual discretion of CPD
and Professional. Trainings will be delivered by Professional via in-person
seminar. Topics will be mutually agreed upon by CPD and Professional.
Professional may develop and record education modules to cover a
broad range of topics related to mental and behavioral health. The specific
topic for each module will be mutually agreed upon by CPD and
Professional. All recordings will be made available to CPD employees on
a CPD-employee web page, in a format provided by CPD.
Professional will provide, as requested by CPD, consultation services
to CPD administration regarding organizational issues (e.g., field training
specific to mental health issues, the management of prolonged crisis
events, such as hostage taking, CPD employee performance/behavior
problems, and general mental health/stress management).
In Professional's performance of the services described in this sub-
paragraph, Professional will not be required to divulge any information to
CPD that is deemed by the Professional to be confidential.
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B. Critical Incidents:
A line of duty death or potentially fatal injury to an employee are
perhaps the most extreme stressors employees of a police agency can
experience. If such an incident should occur affecting a CPD employee, the
Professional may be requested to respond to the hospital, a police facility
to assist those impacted by the incident, or directly to the scene to intervene
with responding officers and/or CPD employees. In such instances,
Professional shall respond to the desired location within two (2) hours of
being notified.
The Professional may be contacted for consultation by phone
regarding critical incidents, including but not limited to: SWAT callouts,
homicide investigations, and other high risk, complex incidents where the
Professional may be able to assist in resolving the incident through
psychological consultation or other psychological interventions.
Individual counseling and/or debriefings for CPD employees
involved in critical incidents shall occur as requested by CPD. Intervention
with affected CPD employees shall occur within 72 hours of the incident
unless otherwise approved by CPD.
C. Individual Counseling:
CPD employees may independently request individual counseling
after critical incidents or for support during personal crises on their own
initiative. Appointments requested by CPD employees, directly in response
to a critical incident, shall be provided within 24 hours following the
reporting of an incident. Appointments requested in response to personal
crises, including issues, concerns or needs related to marriage, parenting,
substance abuse, stress or grief shall be provided at a time mutually
convenient for Professional and the requesting CPD employee.
Individual CPD employees shall be afforded up to two (2) in-person
counseling sessions each individual contract year. If a CPD employee
requires counseling services in excess of two (2) sessions in a calendar
year, Professional shall refer the CPD employee to a mental health service
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professional covered by the City's health benefits provider, as may be
appropriate. Alternatively, employee(s) may continue to seek services
through Professional at the employee's expense. Family members of CPD
employees are not authorized to receive counseling services pursuant to
this Agreement.
CPD employee -initiated services will be confidential, with employee
names omitted from any documentation which may be provided to CPD.
Professional shall be responsible for supplying her own office space to
perform individual counseling services under this Agreement but may
perform services on CPD premises at CPD's request.
CPD shall notify Professional when a CPD employee is mandated
to meet with Professional. For those CPD employees who are mandated
to meet with Professional, such as officers involved in a lethal encounter,
Professional shall notify CPD when the appointment is completed.
This notification will include only verification of attendance.
Notification may be facilitated by email or letter provided directly to CPD. If
Professional has concerns about an employee's ability to return to duty,
Professional may speak directly to CPD's Support Services Division
Commander or Support Services Assistant Division Commander about
such concerns.
Upon termination of this Agreement, Professional should refer all
active CPD clients to another service provider, who has been approved by
the City/CPD, as required by professional and ethical standards.
Alternatively, employee(s) may continue to seek services through
Professional at the employee's expense.
Professional is not authorized to provide individual counseling
services pursuant to this Agreement to CPD employees who have filed a
Workers' Compensation claim. Prior to providing individual counseling
services to any CPD employee, Professional shall be responsible for
verifying that the CPD employee has not filed a Workers' Compensation
claim.
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D. Availability and Contact Information:
Professional shall provide CPD with at least one contact telephone
number by which she may be contacted during normal business hours
(Monday through Friday, 08:00 to 5:00). If Professional is unavailable
during normal business hours, Professional shall utilize a messaging
service or other mechanism to process incoming calls. Professional must
return messages within one hour unless Professional is treating a patient
or in session with a patient at such time, and in such case, Professional
shall return messages as soon as reasonably practicable.
Professional shall provide at least one after-hours contact telephone
number to CPD by which the Professional may be contacted outside of
normal business hours. This number will be utilized in the event of an
urgent or critical incident involving police personnel, line of duty death, or
a catastrophic or fatal injury to a CPD employee.
Professional will ensure that, in the event she will be unavailable to
perform services pursuant to this Agreement for a period of more than 24
hours, an equally qualified subcontractor shall be available to perform the
services set forth herein at Professional's sole cost and expense.
Professional shall ensure that the subcontractor is qualified and acceptable
to CPD no later than 48 hours before Professional's anticipated
unavailability.
E. Activity Summary:
On a date no later than the fifteenth (15th) day of each month during
the Term, Professional shall provide CPD with an activity summary to
include, at a minimum, the following statistics for the previous month:
(i) Total number of employees seen and hours of service provided to
each employee;
(ii) Number of "no shows" or late cancellations;
(iii) Total number of worksite visits and number of hours at each visit;
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(iv) List of training/education classes offered, including topic, number of
employees in attendance and hours of training provided;
(v) Number of call -outs and hours of service provided for each call -out;
(vi) Number of consultations provided and total time spent in this activity.
2. TIME OF PERFORMANCE.
This Contract shall commence on August 1, 2019 and shall terminate on
July 31, 2021.
3. COMPENSATION.
The City will pay Professional a sum not to exceed $30,000, inclusive of
all reasonable and necessary direct expenses per year. The City may, from
time to time, require changes in the scope of the project to be performed by
Professional hereunder. Such changes, including any increase or decrease in
the amount of Professional's compensation and changes in the terms of this
Contract which are mutually agreed upon by and between City and
Professional shall be effective when incorporated in written amendment to this
Contract.
The following Fee Schedule will apply to services provided under this
agreement:
• For maintaining a contact telephone number for continual access
as outlined in Section D, CPD will pay Professional the sum of
$13,500.00 per year of the agreement;
• Individual Counseling Services: $150.00 per session;
• Mental Health Check -In: $150.00 per one (1) hour session;
• Fitness -for -Duty Evaluation: $800.00-$1,500.00 dependent on
evaluation provided;
• Pre -Employment Evaluation: $400.00 per evaluation;
• Employee Wellness and Safety Training: $800.00 per four (4) hour
block;
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• Topical/Education Modules: $200.00 per one (1) hour block;
• Post -Academy Training: $200.00 per one (1) hour block.
4. METHOD OF PAYMENT.
Professional's invoices shall be submitted to CPD for approval for
payment on a monthly basis in conjunction with the monthly Activity Summary.
The City agrees to pay after approval under the terms of the Florida Prompt
Payment Act §218.70, Florida Statutes.
The City's performance and obligation to pay under this Contract is
contingent upon an annual appropriation of the City's budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Contract shall be conclusively deemed to have been received by a party hereto
on the date it is hand delivered to such party at the address indicated below (or
at such other address as such party shall specify to the other party in writing),
or if sent by registered or certified mail (postage prepaid) on the fifth (5th)
business day after the day on which such notice is mailed and properly
addressed.
6. TERMINATION OF CONTRACT.
The City at its sole discretion may terminate this Contract by giving
Professional a ten (10) day written notice of its election to do so and by
specifying the effective date of such termination. Professional shall be paid
for its services through the effective date of such termination. Further, if
Professional shall fail to fulfill any of its obligations hereunder, this Contract
shall be in default, the City may terminate the Contract, and Professional shall
be paid only for work completed.
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7. INDEMNIFICATION AND INSURANCE.
Professional shall defend, indemnify and hold harmless CPD and/or City,
from and against any and all liabilities, claim demands, damages, expenses,
fees, fines, penalties, suits, proceedings, actions and causes of action of any
and every kind and nature caused by or are alleged to be caused by
Professional or any of its affiliates, contractors, members, employees, agents
and representatives, excepting any liability or claim arising or growing out of the
gross negligence or willful misconduct of CPD and/or City, its employees, or
officials. Nothing herein shall be construed to waive or modify the provisions of
Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
Professional covenants that at all times while this agreement is in effect
it will maintain the following insurances:
A. Commercial General Liability Insurance coverage, including but not
limited to, premises operations, products/completed operations,
products liability, contractual liability, advertising injury, personal
injury, death, and property damage in the minimum amount of
$1,000,000 (one million dollars) per occurrence and $2,000,000 (two
million dollars) general aggregate.
B. Commercial Automobile Liability Insurance coverage for any
owned, non-owned, hired or borrowed automobile is required in the
minimum amount of $1,000,000 (one million dollars) combined single
limit.
C. Unless waived by the State of Florida, statutory Workers'
Compensation Insurance coverage in accordance with the laws of
the State of Florida, and Employer's Liability Insurance in the
minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars)
each employee by disease and $500,000 (five hundred thousand
dollars) aggregate by disease with benefits afforded under the laws of
the State of Florida. Coverage should include Voluntary
Compensation, Jones Act, and U.S. Longshoremen's and Harbor
Worker's Act coverage where applicable. Coverage must be
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applicable to employees, contractors, subcontractors, and volunteers,
if any.
D. Professional Liability Insurance/Medical Errors and
Omission/Malpractice coverage appropriate for the type of
business/medical certifcation engaged in by the Contractor with
minimum limits of $1,000,000(one million dollars) per occurrence. If
a claims made form of coverage is provided, the retroactive date of
coverage shall be no later than the inception date of claims made
coverage, unless prior policy was extended indefinitely to cover prior
acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration
as available, and with no less coverage and with reinstated aggregate
limits, or by requiring that any new policy provide a retroactive date no
later than the inception date of claims made coverage.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, Professional shall transfer, assign and
make available to CPD or its representatives all property and materials in
Professional's possession belonging to or paid for by the City.
9. INTERESTS OF PARTIES.
Professional covenants that its officers, employees and shareholders
have no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance and/or provision
of services required under the terms and conditions of this Contract.
10.CONFORMANCE WITH LAWS.
Professional agrees to comply with all applicable federal, state and local
laws during the life of this Contract.
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11.ATTORNEY FEES.
In the event either party seeks to enforce this Contract through attorneys
at law, then the parties agree that each party shall bear its own attorney fees
and costs.
12.GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in the Middle District of Florida or Pinellas County,
Florida.
13.CONFIDENTIALITY.
Each party ("Receiving Party") shall not disclose, publish, or disseminate the
Confidential Information (as defined below) of the other party ("Disclosing Party") to
anyone other than those of such Receiving Party's employees and subcontractors
with a need to know, or as may be required by legal process or applicable Laws
(including but not limited to Chapter 119, Florida Statutes, and the court decisions
construing the same). Each party agrees to accept the other party's Confidential
Information for the sole purpose of carrying out such Receiving Party's authorized
activities under this Agreement. Each party agrees not to make copies of the other
party's Confidential Information except to the extent permitted pursuant to this
Agreement. Each party agrees not to use the Confidential Information of the other
party for its own or any third party's benefit without the prior written approval of an
authorized representative of the Disclosing Party in each instance. In the event a
Receiving Party is required to disclose the Disclosing Party's Confidential
Information in accordance with applicable Laws or by an order of a court or
governmental agency, the Receiving Party shall give written notice to the Disclosing
Party to enable the Disclosing Party to make a reasonable effort to obtain a
protective order or other confidential treatment for the Confidential Information.
Such notice shall be provided prior to disclosure unless otherwise required by court
order or applicable Laws. Professional acknowledges that, in the event of a public
records request, the City may be limited in the amount of notice that it may be able
to provide Contractor prior to disclosure of records and agrees that the City Attorney
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shall have the sole and absolute discretion to determine when public records must
be released in order to comply with Chapter 119, Florida Statutes, and the court
decisions construing same. By designating information as Confidential Information,
Contractor agrees to indemnify and hold harmless the Indemnified Parties for any
award to a plaintiff for damages, costs and reasonable attomey's fees incurred by
the City by reason of any legal action challenging Contractor's claim. Professional
shall require as a condition of any subcontract that the subcontractor expressly
acknowledges and agrees to be bound by the same confidentiality requirements to
which Contractor is bound by this Agreement.
"Confidential Information" means confidential and proprietary information of
either party that is disclosed to the other party which, in the case of written
information, is marked "confidential" or "proprietary" and which, in the case of
information disclosed orally or stored electronically, is identified at the time of
disclosure as confidential and proprietary and summarized and confirmed in writing
as such by the Disclosing Party within thirty (30) days of the disclosure. Confidential
Information shall not include information that (i) as of the Effective Date or after the
Effective Date is or becomes generally available to the public through no fault or
breach of the Receiving Party; (ii) the Receiving Party can demonstrate to have had
rightfully in its possession prior to disclosure by the Disclosing Party; (iii) is
independently developed by the Receiving Party without the use of any Confidential
Information; or (iv) the Receiving Party rightfully obtains from a third party who has
the right to transfer or disclose it. No representations, expressed or implied, are
being made through the disclosure of Confidential Information.
14. CITY PROPERTY.
To the extent permitted by applicable Laws, all studies, generic reports and
data compilations prepared by Professional pursuant to this Agreement, shall be
the exclusive property of the City. Professional shall deliver such City property to
the City prior to final payment. Notwithstanding anything to the contrary herein,
Professional shall be the Records Owner, as defined in Section 456.057, Fla. Stat.,
of all patient records.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first written above.
Appr
ved . s t'•rm:
Smith
Assistant Ci "Attorney
CITY OF CLEARWATER, FLORIDA
By: A1244
William B. Horne, II
City Manager
Tampa Bay Psychology Associates, LLC
Attest:
Print Name:
Attest:
Rosemarie CaII
City Clerk
Secretary Title: La)
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