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HomeMy WebLinkAboutResolution - 2022-R0406 - Contract 16822 with J. Rae Brockman for Mental Health Services 9.27.22Resolution No. 2022-RO406 Item No. 5.14 September 27, 2022 RESOLUTION BE 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 execute f64 and on behalf of the City of Lubbock, a Professional Services Agreement for crisis intervention, by and between the City of Lubbock and J. Rae Brockman d/b/a The Wildflower Way, LLC, and related documents. Said Agreement is attached hereto and incorporated in this resolution as i fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: Rebe ca Garza, City S ret APPROVED AS TO CONTENT: Shaun Fogerson, Fire es a Chief APPROVED AS TO FORM: JleKl4sell, Assistant City Attorney vwxcdocs/RESTSA-Brockman September 22, 2022 September 27, 2022 Resolution No. 2022-RO406 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") Contract 16822 is entered into this 27th day of September 2022, by and between the City of Lubbock (the "City"), a Texas home rule municipality, and J. Rae Brockman d/b/a The Wildflower Way, LLC ("Brockman"), a professional crisis intervention specialist. WITNESSETH WHEREAS, Brockman has substantial skill and experience in crisis intervention in connection with the City of Lubbock Fire Rescue, and public safety personnel, 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, Brockman 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 Brockman to perform services related to the Activities, and Brockman 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 Brockman agree as follows: ARTICLE I Services 1.01 Brockman shall conduct all activities and within such time frames, as set forth on Exhibit "A," "Scope of Services," attached hereto (the "Services"). ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be on an hourly basis. Brockman shall invoice the City monthly as work is performed, and as further described on Exhibit "B," "Compensation to Brockman," attached hereto. 2.02 The contract shall be for a term of one (1) year said date beginning upon formal approval by both parties. This contract may be extended for four (4) additional one (1) year terms upon approval by both Brockman and the Chief of Police before the expiration of the prior term. This contract shall remain in effect until the expiration date, performance of service ordered, or termination by either party with a thirty (30) day written notice. In the event this Agreement is so terminated, the City shall pay Brockman only for services actually performed by Brockman up to and including the date that Brockman is deemed to have received the City's notice of termination. ARTICLE III Independent Contractor 3.01 It is understood that Brockman is to perform the Services in a sound and professional manner and exercising the degree of care, skill, and diligence in the performance of the Services as is exercised by a professional crisis intervention specialist under similar circumstances, and Brockman hereby warrants to the City that the Services shall be so performed. Further, Brockman 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, Brockman and Brockman'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 of Default and Remedies 4.01 A. City's Defaults and Brockman's 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 Brockman to perform hereunder, Brockman may, if said default shall be continuing after five (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. Brockman's Default and City's Remedies. In the event Brockman 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 Brockman, 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 notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance and Indemnity 5.01 Brockman 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. 5.02 Brockman 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: Commercial General Liability Requirements: $1 M occurrence/ $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Professional Liability Requirements: $1M occurrence/$2M aggregate Automobile Liability Requirements: $1M/occurrence is needed Workers Compensation and Employer Liability Requirements- Statutory. if the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carriers must meet an A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. Brockman shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide thirty (30) days notice of cancellation. If at any time during the life of the Agreement or any extension hereof, Brockman fails to maintain the required insurance in full force and effect, Brockman shall be in breach hereof and all work under the Agreement shall be discontinued immediately. BROCKMAN 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 BROCKMAN'S USE OR OCCUPATION OF CITY OWNED LANDS, AND/OR ANY MATTER RELATED TO BROCKMAN'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 Brockman 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 (ii) 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 to 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. For City: Shaun Fogerson, Lubbock Fire Rescue Chief 1515 E Ursuline Lubbock, Texas 79403 Phone: (806) 775-2630 With a copy to: Lubbock City Attorney P.O. Box 2000 Lubbock, Texas 79457 For Brockman: J. Rae Brockman 5504 Wayne Ave., Suite 101 Lubbock, Texas 79414 Jrae.brockman@gmail.com Phone: (806) 500-1345 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 BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 Non -Arbitration — The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and maybe exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. 6.05 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 6.07 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 6.08 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 6.09 To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 6.10 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade 6.11 This Agreement represents the entire and sole agreement between the City and Brockman 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. 6.12 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal -agent relationship between Brockman and the City. 6.13 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. 6.14 Any and all documents, drawings, and specifications prepared by Brockman as part of the Services hereunder, shall become the property of the City when Brockman has been compensated as set forth in Section 2.01, above. 6.15 A waiver by either City or Brockman 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. 6.16 Neither City nor Brockman may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. City and Brockman each bind itself or herself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.17 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Brockman. 6.18 Brockman represents and warrants to City that he has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Brockman to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Brockman hereto. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY AYN,L, MAYOR ATTEST:' ffZ.eL&= J-& Rebe ca Garza, City Sec tart' APPROVED AS TO CONTENT: Shaun Fogers i e Rescue Chief APPROVED AS TO FORM: 46�� artsell, Assistant City Attorney BY: 6+Anv� J. Rae Brockman Exhibit "A" Scope of Services Brockman shall, as required by City, provide Administrative Services (as hereinafter defined), Mental Health Clinic Services (as hereinafter defined), and Other Services (as hereinafter defined) in connection with and related to the following: Lubbock Police Department Lubbock Fire Rescue "Administrative Services" in this Agreement shall mean active participation in volunteer recruitment, staff and other meetings, programs, including but not limited to Critical Incident Stress Management Team, Peer Support, and Chaplaincy Program, and services, social functions, scheduling, coordinating, organizing, and participating in administrative activities, as directed, including, but not limited to, graduations, award ceremonies, retirement ceremonies, promotional activities, social, community, religious, and other functions, necessary and regularly performed in connection with the above named departments. "Mental Health Clinical Services" in this Agreement shall mean leading a comprehensive wellness program, providing wellness support, in conjunction with guidance and counsel to active and retired personnel and their families, confidential group and individual counseling, emergency on -scene crisis counseling for victims, responders, personnel, and those affected by such incidents, negotiations between City and hostages or barricaded subjects, debriefing activities, provide assistance to fire personnel and/or families who are seriously injured, ill, or dealing with loss, assist in death notifications, provide casualty assistance, actively participate in programs including but not limited to Critical Incident Stress Management Team, Peer Support, and Chaplaincy Program, and provide training related to said Mental Health Clinical Services, as directed. Exhibit "B" Compensation to Brockman The following hourly rates shall apply to services rendered and invoiced by Brockman pursuant to this Agreement. In no case shall the cumulative total fees payable in the Initial Term of this Agreement total more than ONE HUNDRED THOUSAND AND NO,, 100 DOLLARS ($100,000.00) in a contract year. Rates: Administrative Services: $65.00 per hour Mental Health Clinical Services $125.00 per hour