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HomeMy WebLinkAboutResolution - 2012-R0083 - Agreement - Dr. Andrew Young - Crisis Intervention Specialist Services - 02_23_2012Resolution No. 2012—R0083 February 23, 2012 Item No. 5.14 RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to cecute for and on behalf of the City of Lubbock, a Professional Services Agreement -tween the City of Lubbock and Dr. Andrew Young to provide services as a crisis itervention specialist. Said Agreement is attached hereto and incorporated in this esolution as if fully set forth herein and shall be included in the minutes of the City ouncil. Passed by the City Council on February 23, 2012 TOM ARTIN, MAYOR TTEST: OL Rebec a Garza, City Secretary APPROVED AS TO CONTENT: e, Roger P11is, Police Chief APPROVED AS LO FORM: 11 57tterw rn- ssistant City vw:ccdocs/RES. PSA-Young February 3, 2012 Resolution No. 2012-R0083 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 23rd day of February , 2012, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Dr. Andrew Young ("Young"), a professional crisis intervention specialist. WITNESSETII WHEREAS, Young has substantial skill and experience in crisis intervention in connection with the City of Lubbock Police Department, especially with respect to victim services, stress management, police negotiations, and SWAT team activity, and is imminently qualified to perform such activities (the "Activities): WHEREAS, Young has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for a fair and reasonable price; WHEREAS, the City desires to contract with Young to perform services related to the Activities, and Young desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Young agree as follows: ARTICLE 1 Services 1.01 Young shall conduct all activities and within such time frames, as set forth on Exhibit "A," "Scope of Services". attached hereto (the "Services'). Professional Services Agreement -Young Page 1 ARTICLE: lI Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article 1 shall be on an hourly basis. Young shall invoice City, monthly as work is performed, and as further described on Exhibit "B," "Compensation to Young," attached hereto. 2.02 This Agreement shall expire one (1) year from the date executed (the "Initial Term") Additionally, the City may terminate this Agreement by providing written notice to Young at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall pay Young only for services actually performed by Young up to and including the date the Young is deemed to have received the City's notice of termination. 2.03 Upon expiration of the Initial `Perm, and with notification to the City by Young within sixty (60) Mays of the expiration date that Young is desirous of extending the Agreement, the Agreement may be extended for up to three (3) additional one-year terms. upon Nvritten approval of the City. Renewal notice of extending the Agreement past the Initial Term shall likewise apply for renewal of the Agreement for any successive terms. In the event the Agreement is extended, compensation shall also be increased pursuant to the attached Exhibit -B.- ARTICLE III Independent Contractor 3.01 It is understood and agreed that Young is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the Professional services Agreement -Young Page 2 performance of the Services as is exercised by a professional crisis intervention specialist under similar circumstances.. and Young hereby warrants to the City that the Services shall be so performed. Further, Young is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Young and Young's employees, if any, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury, or taxes of any kind. ARTICLE IV. Events oi' Default/Remedies 4.01 a. Citv's Defaults/Young'ss Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Young to perform hereunder, Young may, if said default shall be continuing after live (5) days notice of such default is deemed received by the City, exercise any right or remedy available to him by law, contract, equity, or otherwise. b. Young's DefaultslCity's Remedies_ In the event Young shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Young, exercise any right or remedy available to it by law. contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional Professional Services Agreement -Young Page 3 notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 Young shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Young shall obtain and maintain in full force and effect during the term of this Agreement, professional liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A- VIi or better. The policy will be written on an occurrence basis, subject to the following minimum limits of liability: Professional Liability: Combined Single Limit: $1,000,000 Young shall provide a Certificate of insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. If at any time during the file of the Agreement or any extension hereof, Young fails to maintain the required insurance in full force and effect, Young shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Professional Services Agreement -Young Page 4 YOUNG SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES, AND INCLUDING REASONABLE ATTORNEY'S FEES, AS A RESULT OF, RELATED TO OR ARISING FROM YOUNG'S USE OR OCCUPATON OF CITY OWNED LANDS, AND/OR ANY MATTER RELATED TO YOUNG'S ACTIVITIES, PERFORMANCES, OPERATIONS, OR OMISSIONS UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE VI Miscellaneous 6.01 Young shall comply with all laws, statutes, regulations, ordinances, rules, and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (6) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party or designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above. three (3) days after depositing such notice in the United States mail, as set forth above. Professional Services Agreement -Young Page 5 For City: Roger Ellis, Police Chief P O Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-2781 w/copy to: City Attorney P O Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3307 For Young: Dr. Andrew Young 4604 100"' Street Lubbock, Texas 79424 Home: (806) 799-5844 Cell: (806) 773-3093 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGIIT PURSUANT TO 'PHIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6,04 This Agreement represents the entire and sole agreement between the City and Young with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. Professional Services Agreement -Young Page 6 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal -agent relationship between Young and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all documents, drawings and specifications prepared by Young as part of the Services hereunder, shall become the property of the City when Young has been compensated as set forth in Section 2.01, above. 6.08 A waiver by either City or Young of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 6.09 Neither City nor Young may assign this Agreement, in whole or in part. without the written consent of such assignment by the non -assigning party. City and Young each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Young. 6.11 Young represents and warrants to Cite that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Young to all terms and Professional Services Agreement -Young Page 7 provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Young hereto. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. ATTEST: Rebe ca Garza, City ecretary APPROVED AS "i O CONTENT: Roge Ilis, Police Chief CITY OF LUBBOCK TOM MARTIN, Mayor BY: am4ol'i t- V�','&t e Dr. Andrew Yping Professional Services Agreement -Young Page 8 Resolution No. 2012-R0083 Cxhibit`A' Scope of Services Young shall, as required by City, provide Administrative Services (as hereinafter defined) and Mental Health Clinical Services (as hereinafter defined) in connection with and related to the following: Lubbock Police Department Victim Services Crisis Team Coordinator Lubbock Police Department Critical Incident Stress Management Team Lubbock Police Department Assistant Police Negotiator Lubbock Police Department SWAT Team Advisor 'Administrative Services' in this Agreement shall mean active participation in volunteer recruitment, scheduling, meetings, coordination, and other such organizational and administrative activities, as directed, necessary and regularly performed in connection with the Lubbock Police Department Victim Crisis Tcam and the Lubbock Police Departments Critical Incident Stress Management Team. 'Mental Health Clinical Services' in this Agreement shall mean group and individual counseling, on -scene crisis counseling for victims and responders, negotiations between City and hostages or barricaded subjects, debriefing activities in connection with the Lubbock Police Departments Critical Incident Stress Management Team, and providing training related to said Mental Health Clinical Services, as directed. Professional Services Agreement -Young Page 9 Resolution No. 2012-R00$3 Exhibit B' Coinpensution to Young The following hourly rates shall apply to services rendered and invoiced by Young pursuant to this Agreement. In no case shall the cumulative total of fees payable in the Initial Tenn of this Agreement total more than FORTY-FIVE THOUSAND AND NO/100 DOLLARS ($45,000.00) (thc'Maximum Allowable Amounf) in a contract year. Rates: Administrative Services $50.00 per hour. Mental Health Clinical Services $100.00 per hour. Professional Services Agreement -Young Page 10 nesosuLion HEALTHCARE PROVIDERS SERVICE ORGANIZATION PURCHASING *GROUP CIA �tertiff rate of 31mrance OCCURRENCE POLICY FORM PRODUCER I BRANCH I PREFIX POLICY NUMBER Named Insured Andrew T. Young 46N 100th St. Lubbock, TX 79424-7319 Medical SpeclabtX Code Clinical Counselor/LPCC 80723 Policy Period: From 07/04H 1 to 07/04/12 at 12:01 AM Standard Time Proaram Administered by: Healthcare Providers Service Organization 159 East County Line Road Hatboro. PA 1 WAO-1218 1-800-982-9491 www.hpso.com Insurance is provided by: American Casualty Company of Reading, Pennsylvania 333 South Wabash Avenue Chicago, Illinois 606" Protelsional,LiablIUM $1,000,000 each claim $3,000,000 aggregate Yme ProheslorW IMbslty knb shown Owe Include the blov*V: • Good Samaritan Liability • Malpiacement Liability • Personal Injury Liability • Sexual Misconduct included in the PL Limit shown above subject to $25,000 aggregate sublimit Coverage Extensions License Protection $25,000 per proceeding $25,000 aggregate Defendant Expense Benefit $1,000 per day limit $25,000 aggregate Deposition Representation $10,000 per deposition $10,000 aggregate Medical Payments $25,0W per person $100,000 aggregate First Aid $10,000 per incident $10,000 aggregate Damage of Property of Others $10,000 per incident $10,000 aggregate Infommtlon Privacy (HIPAA) Fines & Penalties $25,000 per Incident $25,000 aggregate Workplace Liability Wbritplace Liability included in Professional Liability Limit shown above Fire and Water Legal Liability Included in the PL limit above subject to $150,000 aggregate sub limit Personal Liability $1,000,000 aggregate Total: $108.00 Premium Reflects An ACA Membership Discount. Policy Forms S Endorsements G-121500-D G-121501-C G-121503-C G-1451WA G-147292-A GSL3886 GSL3908 GSL13424 GSL15563 GSL15564 GSL17101 G-123846-C42 G-53752-C42 W'r. Az r �- Chairman of the Board Secretary Keep this Certificate of insurance in a safe place. This Certificate of Insurance and proof of payment are your proof of coverage. There Is no coverage In tore® unless the prernium is paid in full. In order to activate your coverage, please remit premium In full by the effective date of this CerMcate of Insurance. G-141241-13 (312010) Master Policy: 188711433