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HomeMy WebLinkAboutResolution - 2024-R0252 - Contract 18103, A PSA, Dr. Vanessa Coca-Lyle, Psychological Examinations - 05/14/2024Resolution No. 2024-R0252 Item No. 6.24 May 14, 2024 RESOLUT[ON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUB130CK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 18103, a Professional Services Agreement for Psychological Examinations for the Lubbock Police Department, by and between the City of� Lubbock and Dr. Vanessa Coca-Lyle of Lubbock, Texas, and all related documents. Said Professional Services Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 14, 2024 TRA AT1'EST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: . �- - - Neal Barron, Assistant Chief of Police AY1'ItOVEll AS TO FOI2M: Ryan ooke, Senior Assistant City Attorney OR RH:S.Contract 18103-Dr. Vanessa Coca-Lyle 5.2.24 Resolution No. 2024-R0252 PROFESSIONAL SEItVICES AGREEMENT This Professional Services Agreement ("Agreement") Contract No. 18103 is entered into thisl4th day of Mav , 2024, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Dr. Vanessa Coca-Lyle ("Coca-Lyle"), a licensed Texas Psychologist (collectively, the "Parties") WITNESSETH WHEREAS, Coca-Lyle has substantial skill and experience in providing psychological examinations to deternune satisfactory psychological and emotional health for pre-employment and/or licensing purposes pursuant to Section 1701.306 of the Texas Occupations Code, and is imminently qualified to perform such activities (the "Activities"); WHEREAS, Coca-Lyle has demonstrated competence and qualifications to perform the Services, as outlined below, and will perform the Services for a fair and reasonable price; WHEREAS, the City desires to contract with Coca-Lyle to perform services related to the Activities, and Coca-Lyle 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 Coca-Lyle agree as follows: ARTICLE I. SERVICES 1.01 Coca-Lyle shall conduct all activities and within such time frames, as provided in Exhibit "A", attached hereto and made a part hereof. 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 at a rate as further described and provided in Exhibit "B", attached hereto and made a part hereof. Coca-Lyle shall invoice City monthly as work is performed. The City does not guarantee any specific amount of compensation, volume, or minimum amount of services under this Agreement. 2.02 The Agreement shall be for a term of one (1) year said date beginning upon formal approval by both parties (the "Term"). This Agreement may be extended for four (4) additional one (1) year terms upon approval by the Parties before the expiration of the prior term. This contract shall remain in effect until the expiration date, performance of service ordered, or ternunation by either party with a thirty (30) day written notice. In the event this Agreement is so ternunated, the City shall pay Coca-Lyle only for services actually performed by Coca-Lyle up to and including the date the Coca-Lyle 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 and agreed that Coca-Lyle 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 licensed psychologist under similar circumstances, and Coca-Lyle hereby warrants to the City that the Services shall be so performed. Further, Coca-Lyle is and shall be considered at all times an independent contractor under this Agreement. During the performance of the Services under this Agreement, Coca-Lyle and Coca-Lyle'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/REMEDIES 4.01 A. City's Default/Coca-Lyle'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 Coca-Lyle to perform hereunder, Coca-Lyle may, if said default shall be continuing after five (5) days' after notice of such default is deemed received by the City, exercise any right or remedy available to her by law, contract, equity, or otherwise. B. Coca-Lvle's Default/Citv's Remedies. In the event Coca-Lyle 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 after notice of such default is deemed received by Coca-Lyle, exercise any right or remedy available to it by law, contract, equity or otherwise. including the right to ternunate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLEV. INSURANCE/INDEMNITY 5.01 Coca-Lyle shall procure and carry, at her 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. Coca-Lyle 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-VIII or better. The policy will be written on an occurrence basis, subject to the following minimum limits of liability: Professional Liabilitv: Combined Single Limit $2,000,000 Coca-Lyle 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 life of the Agreement or any extension hereof, Coca-Lyle fails to maintain the required insurance in full force and effect, Coca-Lyle shall be in breach hereof and all work under the Agreement shall be discontinued immediately. COCA-LYLE SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS, TO TI�E 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 COCA-LYLE'S USE OR OCCUPATON OF CITY OWNED PROPERTY, AND/OR ANY MATTER RELATED TO COCA-LYLE'S ACTIVITIES, PERFORMANCES, OPERATIONS, OR OMISSIONS UNDER THIS AGREEMENT. T�IE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE EXPIItATION OR TERMINATION OF TNIS AGREEMENT. ARTICLE VI. MISCELLANEOUS 6.01 Coca-Lyle 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 (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subj ect to the right or 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: Neal Barron, Interim Chief of Police PO Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: (806) 775-2751 Email: nbarron@mylubbock.us For Coca-Lyle: Dr. Vanessa Coca-Lyle 3223 South Loop 289, Ste. 416 Lubbock, Texas 79423 Phone: (806) 281-0911 Fax: (806) 375-3180 6.3 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW. 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 ACTNITY CONTEMPLATED HEREBY, SHALL EXCLUSJVELY BE IN LUBBOCK COUNTY, TEXAS. 6.4 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, this paragraph shall control. 6.5 This Agreement represents the entire and sole agreement between the City and Coca-Lyle with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.6 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal-agent relationship between Coca-Lyle and the City. 6.7 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 or this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.8 Any and all documents or other materials prepared by Coca-Lyle as part of the Services hereunder, shall become the property of the City when Coca-Lyle has been compensated as set forth in Section 2.01 above. 6.9 A waiver by either City or Coca-Lyle 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. 6.10 Neither City nor Coca-Lyle may assign this Agreement, in whole or in part, without the written consent of such assignment by the non-assigning party. 6.11 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Coca-Lyle. 6.12 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization are Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, such 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. 6.13 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. 6.14 Texas F'ublic 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 ternunated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. 6.15 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 association. 6.16 Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies 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 boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY IN WITNESS HEREOF, the parties have executed this Agreement as of this l4th day of N(a� 2024. CITY OF LUBBOCK TRAY PAYNE AYOR ATTEST: Courtney Paz, City Secretary APPRO D TO CONTENT: .� �rr Neal Barron, Assistant Chief of Police APPROVED AS TO FORM: Ryan Brooke, enior Assistant City Attorney Firm Coca-Lyle By: Dr. Vanessa Coca-Lyle Exhibit "A" SCOPE OF SERVICES Coca-Lyle will provide appointments for applicant evaluations to LPD Training Academy, LPD Dispatch, and Airport Security. The LPD Training Academy could require up to thirty evaluations to be completed in the span of 4-5 weeks. The LPD Training Academy will keep Coca-Lyle apprised of applicant numbers to help Coca-Lyle's offce prepare accordingly. The LPD Training Academy will assign applicants to previously provided appointments. 2. Coca-Lyle's office is responsible for administering the written and in-person evaluations for applicants. Upon completion of the evaluation, Coca-Lyle will provide the signed TCOLE L-3 to the LPD Training Academy within 7 business days. 3. Coca-Lyle will deternune an applicant's suitability according to Local Civil Service Section 3.09 (g) Psycholo�ical Examination - All applicants will be required to be examined by a licensed psychologist or psychiatrist and be declared in writing by that professional to be in satisfactory psychological and emotional health as required by TCOLE Rule 217.1 pursuant to Texas Occupations Code Section 1701.306. 4. If an applicant is deemed not suitable by Coca-Lyle, Coca-Lyle will notify the LPD Training Academy in writing within 48 hours. The LPD Training Academy will promptly notify COL �IR to facilitate the optional appeals process. 5. In the event of an appeal, Coca-Lyle will provide any and all documentation, reports, and notes to the Civil Service Commission's appointed psychologists or psychiatrists as requested and not later than 7 business days from the request. Exhibit "B" COMPENSATION The following rate shall apply to services rendered and invoiced by Coca-Lyle pursuant to this Agreement. In no case shall the cumulative total of fees payable exceed Thirty Thousand (30,000.00) per term of this agreement. Rate: $300.00 per pre-employment psychological evaluation performed