HomeMy WebLinkAboutResolution - 2022-R0482 - PSA Contract 16878 with Dr. Andrew Young - LPDResolution No. 2022-RO482
Item No. 7.32
November 16, 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
and on behalf of the City of Lubbock, Contract No. 16878 for Mental Health Clinic Services,
and between the City of Lubbock and Dr. Andrew Young, and related documents. Said Conti
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
included in the minutes of the City Council.
Passed by the City Council on November 16, 2022
D2
TRA�rKIAYOR
ATTEST:
AAW,Ifz
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Floyd tche , Chief of Police
APPROVED AS TO FORM:
e ell, Assistant City Attorney
vw:ccdocs/RES.Contract-Dr. Young
October 13, 2022
Resolution No. 2022-RO482
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") Contract 16878 is entered into this
16th day of November2022, by and between the City of Lubbock (the "City"), a Texas home rule
municipality, and Dr. Andrew Young ("Young"), a professional crisis intervention specialist.
WITNESSETH
WHEREAS, Young has substantial skill and experience in crisis intervention in connection
with the City of Lubbock Police Department 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 I
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").
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. Young shall invoice the City monthly as work is performed, and as
further described on Exhibit "B," "Compensation to Young," attached hereto.
2.02 The Agreement 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 Young 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 Young only for services actually performed by Young up to and including the date
that Young is deemed to have received the City's notice of termination. In the event the Agreement
is extended, compensation shall be as set forth in the attached Exhibit `B."
ARTICLE III
Independent Contractor
3.01 It is understood that Young 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 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 of Default and Remedies
4.01 A. City's Defaults and Young'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 Young
to perform hereunder, Young 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. Young's Default and City'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 notice. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently.
ARTICLE V
Insurance and 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.
5.02 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:
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: $1 M occurrence, $2M aggregate
Automobile Liability Requirements: $1 M'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' compensation.
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.
Young 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, 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.
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
OCCUPATION 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 (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 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.
For City:
Floyd Mitchell, Police Chief
P.O. Box 2000
Lubbock, Texas 79457
With a copy to:
Lubbock City Attorney
P.O. Box 2000
Lubbock, Texas 79457
For Young:
Dr. Andrew Young
4604 100t' Street
Lubbock, Texas 79424
Andy.young@lcu.edu
Phone: (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 BROUGHT PURSUANT TO
THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY
BE IN LUBBOCK COUNTY, TEXAS.
6.04 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 may be 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.
6.06 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.
6.07 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.
6.08 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.
6.09 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
6.10 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.
6.11 Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal -agent relationship between Young and the City.
6.12 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.
6.13 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.
6.14 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.
6.15 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 herself,
their legal representatives and permitted assigns in respect to all provisions of this Agreement.
6.16 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever
to any party other than City and Young.
6.17 Young represents and warrants to City that he has taken all actions necessary to authorize
the party executing this Agreement to bind, in all respects, Young to all terms and 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.
APPROVED AS TO CONTENT:
Floyd itchell, Police Chief
APPROVED AS TO FORM:
a I#klw
Jeffie—yUrlsell, Assistant Cit Attorney
CITY OF LUBBOCK
TRA AJr,Mayor
BY:
Dr. Andrew Young
Exhibit "A"
Scope of Services
Young 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 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, 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
public safety personnel and their immediate family members, confidential group and individual
private practice counseling services, 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 public safety 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 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 fees payable in the amount exceed EIGHTY FIVE
THOUSAND DOLLARS ($85,000) FOR THE TERM OF THIS AGREEMENT.
Rates:
Administrative Services: $65.00 per hour
Mental Health Clinical Services $125.00 per hour
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2023-984988
Dale Filed:
02117/2023
Date Acknowledged:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Dr. Andy Young
Lubbock, TX United States
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Lubbock Police Dept.
3
Provide the Identification number used by the govemmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16878
Crisis Counseling, Hostage (Crisis) Negotiations and Psychological Consultation
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(chedt applicable)
Controlling
intermediary
5
Check only If there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION �% a
My
` � O 1 �('/ �f L- fl
lstrim0 (CM (state) (Zips) (—nW
I declare under penalty of perjury that the foregoing is true and correct
Executed in County, State of on the day of 20_
(month) (year)
Signature of au oozed of contracting business entity
Pecli
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-984988
Dr. Andy Young
Lubbock, TX United States
Date Filed:
02/17/2023
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Lubbock Police Dept.
Date Acknowledged:
02/20/2023
g
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16878
Crisis Counseling, Hostage (Crisis) Negotiations and Psychological Consultation
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0