AGREEMENT FOR SERVICES (3)AGREEMENT FOR SERVICES
THIS AGREEMENT entered into on this /6 day of September 2022, 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
("Professional"), a Florida corporation, 111 North Belcher Road, Suite 101,
Clearwater, Florida, 33765.
WHEREAS, the City recognizes that firefighter & EMS work is stressful,
dangerous, and often stigmatized. Research has shown time and again that
firefighter 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 proactively address mental health challenges
faced by employees by providing mental health training, counseling, and other
services;
WHEREAS, Professional agrees to provide training, consultation,
participation in activities, response to and debriefing of critical incidents, individual
counseling, psychological assessment, referral services, and other ancillary and
supplementary psychological services in support of the Clearwater Fire & Rescue
("CFR");
NOW THEREFORE, in consideration of the mutual promises stated herein and
other good and valuable consideration, the Parties agree that the above terms,
recitals, and representations are true and accurate and are incorporated herein by
reference, and the Parties further agree as follows:
1. SCOPE OF PROJECT
Professional agrees to provide all psychological counseling and assessment
services required by CFR, which services are more particularly described as follows:
A. Training, Consultation & Participation in CFR Activities:
Professional may be requested to participate in CFR meetings or provide training
to CFR personnel to enhance professional understanding of specific psychological related
topics. Trainings may include educational presentations at in-service trainings, post fire
academy training, or other training at city-wide events. From time to time, fire trainers,
supervisors, managers, or other CFR leaders may request consultations with
Professional to develop trainings, assist with supervision or evaluation of fire personnel,
or provide recommendations with respect to handling a sensitive or volatile situation.
At the request of CFR, Professional shall conduct or assist CFR personnel with
regularly scheduled training sessions, to include, but not limited to, the following:
General and Educational Training (open to all CFR employees)
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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 CFR and Professional. Trainings will be delivered by
Professional via in-person seminar. Topics will be mutually agreed upon by CFR 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 CFR and Professional. All recordings will be made available to
CFR employees on a CFR -employee web page, in a format provided by CFR.
Professional will provide, as requested by CFR, consultation services to CFR
administration regarding organizational issues (e.g., field training specific to mental health
issues, the management of prolonged crisis events, such as collapses, CFR employee
performance/behavior problems, and general mental health/stress management).
B. Critical Incidents:
A line of duty death or potentially fatal injury to an employee are perhaps the most
extreme stressors employees of a Fire/EMS agency can experience. If such an incident
should occur affecting a CFR employee, Professional may be requested to respond to the
hospital, a fire station to assist those impacted by the incident, or directly to the scene to
intervene with responding members and/or CFR employees. In such instances,
Professional shall respond to the desired location within two (2) hours of being notified.
Professional may be contacted for consultation by phone regarding critical
incidents, including but not limited to fatal fires/accidents, collapsed structures, and other
high risk, complex incidents where Professional may be able to assist in resolving the
incident through psychological consultation or other psychological interventions.
Individual counseling and/or debriefings for CFR employees involved in critical
incidents shall occur as requested by CFR. Intervention with affected CFR employees
shall occur within 72 hours of the incident unless otherwise approved by CFR.
C. Individual Counseling:
CFR employees may independently request individual counseling after critical
incidents or for support during personal crises on their own initiative. Appointments
requested by CFR 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 CFR employee.
Individual CFR employees shall be afforded up to two (2) in-person counseling
sessions each individual contract year. If a CFR employee requires counseling services
in excess of two (2) sessions in a calendar year, Professional shall refer the CFR
employee to a mental health service professional covered by the City's health benefits
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provider, as may be appropriate. Alternatively, employees may continue to seek services
through Professional at the employee's expense.
Family members of CFR employees are not authorized to receive counseling
services pursuant to this Agreement.
CFR employee -initiated services will be confidential, with employee names omitted
from any documentation which may be provided to CFR. Professional shall be
responsible for supplying her own office space to perform individual counseling services
under this Agreement but may perform services on CFR premises at CFR's request.
CFR shall notify Professional when a CFR employee is mandated to meet with
Professional. For those CFR employees who are mandated to meet with Professional,
such as firefighters who have received discipline, Professional shall notify CFR when the
appointment is completed.
This notification will include only verification of attendance. Notification may be
facilitated by email or letter provided directly to CFR. If Professional has concerns about
an employee's ability to return to duty, Professional may speak directly to CFR's Division
Chief of Health and Safety.
Upon termination of this Agreement, Professional should refer all active CFR
clients to another service provider, who has been approved by the City/CFR, as required
by professional and ethical standards. Alternatively, employee(s) may continue to seek
services through Professional at the employee's expense.
D. Availability and Contact Information:
Professional shall provide CFR with at least one contact telephone number by
which Professional 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
CFR 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 fire
department personnel, line of duty death, or a catastrophic or fatal injury to a CFR
employee.
Professional will ensure that, in the event Professional will be unavailable to
perform services pursuant to this Agreement for a period of more than 24 hours, an
equally qualified employee shall be available to perform the services. If no such
employees are available, Professional will ensure that 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
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CFR no later than 48 hours before Professional's anticipated unavailability.
E. Activity Summary:
On a date no later than the 15th day of each month during the Term, Professional
shall provide CFR 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; (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; and (vi)
Number of consultations provided and total time spent in this activity.
F. Confidentiality:
Professional will not be required to divulge any information to CFR that is deemed
by the Professional to violate the doctor patient privilege.
2. TIME OF PERFORMANCE
This Contract shall commence on September 1, 2022 and shall terminate on
August 31, 2023.
3. COMPENSATION
The City will pay Professional a sum not to exceed $70,000.00, 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 Contract:
• For maintaining a contact telephone number for continual access as outlined
in Section 2(D), CFR will pay Professional the sum of $20,000.00 per year
of this agreement
• Individual Counseling Services: $150.00 per session
• Pre -Employment Evaluation: $450.00 per evaluation
• Topical/Education Modules: $200.00 per one (1) hour block
4. METHOD OF PAYMENT
Professional's invoices shall be submitted to CFR for approval for payment on
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a monthly basis in conjunction with the monthly Activity Summary. The City agrees
to pay after approval in accordance with the Florida Local Government 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. TERMINATION OF CONTRACT
The City at its sole discretion may terminate this Contract by providing
Professional with 30 days written notice 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 workcompleted.
6. INDEMNIFICATION AND INSURANCE
Professional shall defend, indemnify and hold harmless the 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 CFR
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 while this Contract is in effect it will maintain the
following insurances:
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.
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.
Professional Liability Insurance/Medical Errors and Omission/Malpractice
coverage appropriate for the type of business/medical certification engaged in by
Professional 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. Professional shall be extended beyond the
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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.
7. 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.
8. CONFORMANCE WITH LAWS
Professional agrees to comply with all applicable federal, state, and local laws
during the life of this Contract.
9. 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.
10.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.
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IN WITNESS WHEREOF, each Party represents that It has read this Contract
and agrees to perform in accordance with the terms and conditions contained herein.
Each Signatory to this Agreement warrants by affixing his or her signature below that he
or she is duly authorized to bind the Party whom such Signatory represents.
Tampa Bay Psychology Associates:
2sJ1D.
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Date it/201.1.
Bay Psychology Associates;C O
Licensed Psychologist PY 9648
Countersigned: CITY OF CLEARWATER, FLORIDA
rank Hibbard
Mayor
Lead Assistant City Attorney
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Jon Jennings
City Manager
Attest:
Rosemarie Call
City Clerk