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HomeMy WebLinkAboutHR First Responder Counseling Services; Second AmendmentSECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PUBLIC SAFETY FAMILY COUNSELING GROUP, INC. FOR FIRST RESPONDER COUNSELING SERVICES THIS SECOND AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PUBLIC SAFETY FAMILY COUNSELING GROUP, INC. (hereinafter "CONSULTANT"), is made and entered into as of 05/17/24 RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated January 20, 2022, to perform professional services in connection with CITY'S First Responder Counseling Services, for an amount not to exceed $60,000 (the "Agreement"); and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated July 14, 2023 to extend the Agreement term by one year and for additional professional services in connection with CITY'S First Responder Counseling Services, for an amount not to exceed $60,000 and increasing the total not to exceed under the Agreement to $120,000; and WHEREAS, CITY requires additional professional services from the CONSULTANT, and the CONSULTANT is willing to provide such services. AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article V of the Agreement, entitled "TERM OF AGREEMENT"," is hereby amended, effective as of December 31, 2023, to extend the Agreement term by six months, through June 30, 2024. 2. Article II of the Agreement, entitled "DUTIES OF CONSULTANT" is hereby amended to include the additional services set forth in CONSULTANT's proposal, attached to this Second Amendment as Exhibit A and incorporated herein by reference. 3. Article IV of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation payable to CONSULTANT for the full performance of the BASE SERVICES described in Exhibit A to this Second 1 Amendment, on a fixed fee basis in accordance with the Exhibit A, in an amount of $25,000. Should CITY authorize any services described as ADDITIONAL SERVICES in Exhibit A, CITY shall compensate CONSULTANT as described in Sections 3, 4, and/or 5 of the "COMPENSATION" section of Exhibit A, provided that in no event shall the total additional compensation under this Amendment exceed $30,000, changing the total not -to -exceed amount under the agreement to $150,000. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL cilrtihe,llilovith e now��n ne.y ir.,uxn mse eo* CRISTINE ALILOVICH, City Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: yl,..,.,4,., 6-� GENEVIEVE COYLE, Assistant City Attorney 2 CONSULTANT By: Public Safety Family Counselii ._ Name: 4. Title: Owner, CEO [If Contractor is a corporation, add signature of second corporate officer] By: Public Safety Family Counsel Name: ..„ Title: Owner, VP Public Safety Family Counseling Group, INC. Exhibit A — Scope of Services and Compensation SCOPE OF SERVICES The primary purpose of this service contract is the on -going support of a peer support team and Critical Incident Stress Management (CISM) program while providing 24/7/365 program response and support services to the City of San Rafael Police and Fire Departments (City) and their employees. BASE SERVICES 1. 24/7 On-Call/Standby Availability 1.1. Consultant will be available 24 hours a day, 7 days a week for Crisis Response and Stabilization Services for City and City's personnel. 2. Crisis Response and Stabilization services. Such services may include, but are not limited to critical incident stress debriefings, crisis management briefings, on -site response, crisis intervention, and in person consultation as necessary following extraordinary events encountered by City's personnel or impacting the performance of City personnel's duties. 2.1. Crisis Response and Stabilization Services may be rendered at City's offices, in the field, at Consultant's offices, or virtually as approved by Consultant. 2.2. In the event that Consultant is requested to respond to an active scene or incident, City personnel shall accompany Consultant when requested. 3. Individual Crisis Stabilization and Counseling Services 3.1. Consultant will provide Individual Crisis Stabilization and Counseling Services as requested for City personnel, including 24/7 availability as needed. 3.2. Consultant will provide first responder specialized support and short-term individual crisis intervention and, as necessary, appropriate professional referrals to City's employee assistance program or other suitable venue when indicated. 3.2.1. Short-term individual crisis intervention is defined as up to five (5) one-on-one crisis intervention sessions per quarter without the need for referral or authorization from City. Such sessions may be provided either in -person at Consultant's offices or virtually. 3.2.2. In the event that an employee requires more than five (5) hours of service per quarter, the City employee seeking service shall obtain written authorization in advance from City or authorize Consultant to contact City on behalf of the affected employee. The authorization process shall not require Consultant to disclose of the affected employee's crisis or other HIPAA information without the employee's consent. 3.2.3. Referrals to third party services such as employee assistance programs, outside wellness training, or recovery/treatment retreats are not covered under this Agreement and are subject to other agreements between City and the third -party provider. 4. Telephone, email, and virtual Consultations 4.1. Expert collaboration with City Personnel regarding issues related to Critical Incident Stress, crisis intervention, education needs, organizational matters, and other psychological services as requested. 4.2. Provide on -going consultation to the City's Peer Support Team on topics including, but not limited to, program development, team selection, and team operations. 4.3. Consult with City Personnel regarding critical incident stress management support education services for line, supervisory, and management staff as requested. 4.4. Unlimited telephone, email, and virtual consultations are provided as "Base Services" under this agreement. 5. Peer Support Team Member Services 5.1. Consultant will provide two, one-on-one check -in appointments per year for each peer support team member, coordinator, and liaisons for the purpose of fostering professional wellness in their assigned role and to support positive wellness habits. 6. Training Services 6.1. In -House Training Services 6.1.1. Upon request, Consultant will conduct up to 15 hours of in-house training for City personnel. Training is intended to be a joint effort between City's Fire and Police Departments; however, it is incumbent on City to coordinate scheduling and attendance of their personnel. 6.1.2. Training will be presented at City facilities and may be open to outside agencies upon City's request with Consultant approval. 6.1.3. Training under this clause must occur within the one-year contract term and is subject to availability. No refund or discount will be extended for unused training hours. 6.2. Regional Peer Support Continuing Education Training 6.2.1. Participation in Regional Peer Support Continuing Education Training for all City designated liaisons, coordinators, and peers is included as a Base Service. 6.2.2. Participating agencies share a rotating responsibility for hosting Regional Peer Support and Coordinator Meetings. Responsibility for hosting said trainings and meetings is split among participating agencies on a rotating basis. 6.2.3. Regional training may be offered in person or via a virtual electronic platform. 6.3. Peer Led Briefing Trainings 6.3.1. Consultant shall design and supply one 15-minute training program designed to be presented by peer support team members during briefing or other short format gatherings. These training programs shall be designed to enhance resiliency, increase mental wellness, and/or address specific problems within the agency or industry as a whole (i.e., healthy alcohol consumption, dealing with personal crisis, available CISM resources). 7. Meetings 7.1. Consultant will help facilitate and attend peer support team meetings exclusively for City's peer support team members. Said meetings shall be set up by a Peer Support Team Coordinator or Liaison and should occur once per quarter. These meetings may be held/attended in -person or virtually. 7.2. Consultant will help facilitate and attend a monthly peer support team coordinator and liaison meeting. Said meetings shall be set up by a peer support team coordinator or liaison. These meetings may be held/attended in -person or virtually. 7.3. Consultant shall attend Command Staff meetings as requested for the purpose of discussing and making recommendations as to CISM and peer support program needs and goals. 8. Policy Development and Review 8.1. Consultant will supply City with a Sample Peer Support Policy and assist City personnel with review and recommendations for creating a comprehensive Peer Support Team and CISM Policy upon request. 8.2. City shall have their own City Attorney and/or risk manager review any recommended policy prior to implementation. City is responsible for ensuring that any proposed policy is compliant with city, state, and federal law. 9. When City requests services to be rendered onsite, City shall make suitable space available to Consultant. When suitable space is not available, City shall make other location arrangements appropriate for the services to be rendered. 10. When Consultant is unavailable or unable to render services as indicated above, Consultant shall make necessary arrangements for referral to appropriate mental health professionals for coverage and make contact information available to City personnel. 11. Consultant shall not be responsible for computer, video, audio, or other technological needs for City or City's personnel to attend training or access services. ADDITIONAL SERVICES 1. Additional Individual Crisis Stabilization and Counselling Services 1. 1. The City may elect to authorize additional Individual Crisis Stabilization and Counselling Services for impacted employees (beyond the 5 session per quarter afforded under section 2) on a case -by -case basis. 2. Additional Training and Meeting Services 2.1. Consultant may provide Critical Incident Stress Management or other training services within Consultant's scope of practice for line, supervisory, and management staff as requested by City. 2.1.1. Training requests must be submitted at least 90 days in advance. 2.2. Consultant may provide or attend additional meetings or other gatherings beyond those outlined above as requested by City. COMPENSATION 1. The term of this Agreement shall be 6 months running from January 1, 2024, through June 30, 2024. 1.1. Additional renewal terms of this Agreement shall run from July 1 through June 30 following a fiscal year calendar. 2. City shall compensate Consultant a pro -rated flat base fee of $25,000.00 for the 6-month term for all "Base Services" outlined under Scope of Services Sections 1 through 8, subject to the following provisions. 2.1. Services may be rendered in -person, via telephone, email, or virtual platform based on the specific circumstances, nature, and needs of the service, City, and Consultant. Response services shall be provided in -person except under extraordinary circumstances. 2.2. Regional Peer Support Continuing Education Training may be provided in person or virtually and may be rescheduled, postponed, or cancelled for extraordinary events. 2.3. When Consultant is unavailable or unable to 24/7 standby/on-call availability, Consultant shall make necessary arrangements for referral to appropriate mental health professionals for coverage and any expense incurred by Consultant in doing so shall be the sole responsibility of Consultant. 3. Individual Crisis Stabilization and Counseling Services authorized beyond the 5 sessions per quarter outlined under "Base Services" section 2 and provided in Consultant's offices shall be compensated at a rate of $200.00 per hour on an "as -utilized" basis. 4. Additional Training and Meeting Services requested by City outside those outlined in base services and provided by consultant shall be compensated at a rate of $350.00 per hour on an "as -utilized" basis. 4.1.1. Billing for Training and Meeting Services shall include course development or preparation time as required to create or adapt training or otherwise prepare for presentation to City. 4.1.2. All services rendered away from Consultant's office in Brentwood, CA are billed "portal-to-portal" and include all time spent onsite. 4.1.3. ICISF Licensed training courses are subject to the following additional approximated fees. ICISF Registration and Licensing $300 per course Materials Fees $150 per person ICISF Certificates $10 per course, per person 5. Additional Service Terms 5.1. Services rendered under this Agreement do not include expert witness fees, deposition, court fees, representation, or testimony for or during any legal or formal administrative proceeding. Fees related to any actual or proposed action in any proceeding start at $500.00 per hour and are subject to a minimum advanced deposit prior to any required appearance. 5.2. Copyright and Right of Use 5.2.1. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes or any original works of authorship created by Consultant or its subcontractors or subconsultants in connection with services performed under this Agreement shall be deemed the exclusive intellectual or otherwise licensed property of Consultant and Consultant shall retain all rights therein except where provided by a separate agreement. 5.3. Third Party Insurance Verification 5.3.1. In the event that City utilizes a Third -Party Insurance Verification Service or requires specialized terms in addition to the insurance industry standard terms provided for in Consultant's current insurance policies an additional fee of $3000.00 per year shall apply. 5.4. HIPAA Requirements 5.4.1. Confidentiality of Consultant's services and records are governed by State and Federal statues, court decisions, ethical standards, and generally accepted business practices for their profession. Notwithstanding any other section of this Agreement, no record or other identifying information, including but not limited to HIPAA protected information shall be released without a valid court order, written authorization from the individual(s) affected by the information release, or other legal authority compelling release of such information. Additionally, compliance with any audit or inspection requirement contained herein necessitates an investment of Consultant's time, efforts, and resources in order to maintain the required confidentially of records subject to audit or inspection and as such, shall be considered billable hours and compensated according to this Agreement. This section shall supersede all other sections and shall survive termination, cancellation, or expiration and remain in effect indefinitely. 5.5. Confidentiality of Consultant's Information 5.5.1. The terms of this Agreement are considered public information pursuant to the California Public Records Act (Government Code section 6250 et seq.). The Parties agree to exercise at least the same care, legal and professional standards, security, and confidentiality for any confidential information received from the other party as they would for their own confidential and protected information. 5.6. Billing and Invoices 5.6.1. Consultant shall endeavor to provide a monthly utilization statement to the City no later than the 15th day of each month following the month in which services are provided. The utilization will include a description of services rendered and the date on which such services were provided. In addition, the monthly statement will provide a running account of hours utilized and remaining hours on account. Due to HIPAA restrictions individual client information will at no time be included in accounting information. Utilization statements shall be combined with monthly invoices for convenience. 5.6.2. City shall ensure timely requests for and utilization of Consultant's services. All services not utilized within the one-year term of this Agreement are non- refundable and will be lost as of December 315t of each year this Agreement remains in effect. Failure of City to utilize Consultant's services in a timely manner shall not be cause for a refund or extension of time. 04/03/2024 PSFCG San Rafael PD-FD 3-4-24 - 61VI0 2024 Final Audit Report 2024-03-05 Created: 2024-03-04 By: alissa curtin (alissa.curtin@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAZ5HLos72mUmO-souTXFvp-s3T6P9ZpiN "PSFCG San Rafael PD-FD 3-4-24 - 61VI0 2024" History Document created by alissa curtin (alissa.curtin@cityofsanrafael.org) 2024-03-04 - 9:50:42 PM GMT '► Document emailed to Marissa Sanchez (marissa.sanchez@cityofsanrafael.org) for signature 2024-03-04 - 9:50:47 PM GMT Email viewed by Marissa Sanchez (marissa.sanchez@cityofsanrafael.org) 2024-03-05 - 1:38:17 AM GMT �a Document e-signed by Marissa Sanchez (marissa.sanchez@cityofsanrafael.org) Signature Date: 2024-03-05 - 1:38:33 AM GMT - Time Source: server 4 Agreement completed. 2024-03-05 - 1:38:33 AM GMT Q Adobe Acrobat Sign CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Human Resources (for PD/FD) Project Manager: Alissa Curtin for Marissa Sanchez Extension: 3069 Contractor Name: Public Safety Family Counseling Group, Inc. Contractor's Contact: Scott Dansie Contact's Email: scoff@psfcg.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A ❑ 3/6/2024 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ®amc 2 City Attorney a. Review, revise, and comment on draft agreement 3/12/2024 and return to Project Manager 3/12/2024 ® NT b. Confirm insurance requirements, create Job on COI in Folder PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 3/12/2024 M amc for contractor ms 4 Project Manager Forward three (3) originals of final agreement to 3/12/2024 ©amc contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 5/6/2024 Date of City Council approval approved by Council PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 6 Project Manager Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed City Attorney agreement 8 Review and approve insurance in PINS , and bonds COI in Folder (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSFCG San Rafael PD-FD 3-4-24 - 61VI0 2024 - 2 Amendment full doc Final Audit Report 2024-05-17 Created: 2024-05-08 By: alissa curtin (alissa.curtin@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAnNZCOvjLaR7znwxKyil4bplYsvGscrkP "PSFCG San Rafael PD-FD 3-4-24 - 61VIO 2024 - 2 Amendment _full doc" History Document created by alissa curtin (alissa.curtin@cityofsanrafael.org) 2024-05-08 - 5:47:38 PM GMT E-4' Document emailed to Scott Dansie (scoff@psfcg.com) for signature 2024-05-08 - 5:47:42 PM GMT Email viewed by Scott Dansie (scoff@psfcg.com) 2024-05-08 - 7:41:55 PM GMT r4 alissa curtin (alissa.curtin@cityofsanrafael.org) replaced signer Scott Dansie (scoff@psfcg.com) with Elizabeth Dansie (beth@psfcg.com) 2024-05-08 - 9:16:21 PM GMT Py Document emailed to Elizabeth Dansie (beth@psfcg.com) for signature 2024-05-08 - 9:16:21 PM GMT alissa curtin (alissa.curtin@cityofsanrafael.org) replaced signer Elizabeth Dansie (beth@psfcg.com) with Elisa Hughes (elisa@psfcg.com) 2024-05-08 - 9:16:39 PM GMT 15 Email viewed by Elizabeth Dansie (beth@psfcg.com) 2024-05-09 - 7:36:42 PM GMT 6© Document e-signed by Elizabeth Dansie (beth@psfcg.com) Signature Date: 2024-05-09 - 7:38:17 PM GMT - Time Source: server '. Document emailed to Elisa Hughes (elisa@psfcg.com) for signature 2024-05-09 - 7:38:18 PM GMT 10 Adobe Acrobat Sign Email viewed by Elisa Hughes (elisa@psfcg.com) 2024-05-09 - 7:40:26 PM GMT 0o Document e-signed by Elisa Hughes (elisa@psfcg.com) Signature Date: 2024-05-09 - 7:53:10 PM GMT - Time Source: server P-4 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-05-09 - 7:53:11 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-05-09 - 7:54:31 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-05-13 - 10:31:19 PM GMT 40 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-05-13-10:38:59 PM GMT -Time Source: server 24 Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-05-13 - 10:39:00 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-05-13 - 10:39:50 PM GMT 6© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-05-13-10:40:38 PM GMT - Time Source: server P-► Document emailed to City Clerk(city.clerk@cityofsanrafael.org) for approval 2024-05-13-10:40:39 PM GMT ,) Email viewed by City Clerk (city.clerk@cityofsanrafael.org) 2024-05-13 - 10:49:41 PM GMT b© Document approved by City Clerk (city.clerk@cityofsanrafael.org) Approval Date: 2024-05-13-10:49:49 PM GMT - Time Source: server C'.► Document emailed to Cristine Alilovich (cristinea@cityofsanrafael.org) for signature 2024-05-13 - 10:49:50 PM GMT Email viewed by Cristine Alilovich (cristinea@cityofsanrafael.org) 2024-05-15 - 2:31:02 PM GMT 'E Email viewed by Cristine Alilovich (cristinea@cityofsanrafael.org) 2024-05-17 - 5:59:04 PM GMT &0 Document e-signed by Cristine Alilovich (cristinea@cityofsanrafael.org) Signature Date: 2024-05-17 - 5:59:18 PM GMT - Time Source: server Q Adobe Acrobat Sign El Document emailed to City Clerk (city.clerk@cityofsanrafael.org) for signature 2024-05-17 - 5:59:19 PM GMT t Email viewed by City Clerk(city.clerk@cityofsanrafael.org) 2024-05-17 - 9:04:30 PM GMT A) Signer City Clerk(city.clerk@cityofsanrafael.org) entered name at signing as Brenna Nurmi (for) 2024-05-17 - 9:04:50 PM GMT be Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-05-17 - 9:04:52 PM GMT - Time Source: server Agreement completed. 2024-05-17 - 9:04:52 PM GMT Q Adobe Acrobat Sign