Loading...
HomeMy WebLinkAboutC2010-309 - 6/15/2010 - Approved~, , AGREEMENT The following AGREEMENT is between the City of Corpus Christi, a Texas home-rule corporation (hereinafter referred to as "City") acting through and by its duly authorized City Manager or designee, and Yaron G. Rabinowitz, Ph.D., a psychologist {hereinafter referred to as "Psychologist"} whose business office is located at 6838 Boardwalk Avenue, Corpus Christi, Texas. WITNESSETH ` ~~'` City and Psychologist, in consideration of the mutual covenants and agreements contained herein; do hereby consent as follows: 1. Service and Materials. Psychologist shall provide to the City services and materials set out in Exhibit A, as directed by the Corpus Christi Chief of Police (hereinafter referred to as "Chief of Police"} in accordance with Corpus Christi Police Department (hereinafter referred to as "CCPD"} requirements; as directed by the Corpus Christi Director of Aviation {hereinafter referred to as "Director of Aviation") for purposes of the airport security officers; and as directed by the Chief of the Corpus Christi Fire Department (hereinafter referred to as "Fire Chief") in accordance with Corpus Christi Fire Department (hereinafter "CCPD"} requirements. All services must be performed in a professional manner. All matters not covered in detail must be performed in a manner consistent with the standards now prevailing in the discipline of professional psychology. 2. Term. This AGREEMENT commences on the date signed by the last signatory hereto and continues for five years thereafter. The schedule of services to be performed will conform to the reasonable needs of the Chief of Police, CCPD, the Director of Aviation for the airport security officers, and the Fire Chief far CCPD. Tf anew agreement is not executed prior to expiration of this agreement, Psychologist agrees to continue providing the services described herein, at the rates set out herein, on a month-to-month basis, for a period not to exceed six months. 3. Fees. As set out in Exhibit B, Fee Schedule, the City shall make payment to Psychologist for services provided. Payment terms are net 30 days from date City is in receipt of a valid invoice. 4. Records and Payment. Psychologist will keep and maintain records in a professional manner, to include time sheets, documenting hours worked and services rendered. Psychologist shall present such time sheets and an accompanying invoice to City on a monthly basis as a prerequisite to City remitting payment far same. 5. Assignment, This AGREEMENT is not assignable by either party without the prior written consent of the other party. 6. Severability. Tf a provision of this AGREEMENT is declared or found to be illegal, unenforceable by law or void, neither party shall thereby be relieved of any remaining obligations under this AGREEMENT. If capable of performance, both n~rt-iac chall h~n~r the remainder of said AGREEMENT and said remainder shall be Zola-3o~ M201o-133 46/15/10 Rabinowitz, Yaron G. ~~DiC~~ ~. unaffected by such declaration or finding of illegal, unenforceable or void provision(s). 7. Venue. Alf amounts due and obligations performed under this AGREEMENT shall be paid and performed in Nueces County, Texas, and all ciuestions arising hereunder shall be construed and resolved according to the laws of the State of Texas. S. Amendment. Except as otherwise provided herein, this AGREEMENT may only be amended with the mutual consent of, and executed by the duly authorized agents of all parties. 9. Termination. This AGREEMENT may be terminated at any time and for the convenience of either party by providing written Notice to the other party of intent to terminate, at feast thirty {30} days prior to the effective date of said termination. 10. Compliance. This AGREEMENT shall in no way affect Psychologist's professional and legal obligations to comply with all federal, state and local laws, ordinances and codes. 11. Authority. All powers not explicitly vested in Psychologist by this AGREEMENT remain with the City. SIGNED IN TRIPLICATE ORIGINALS, EACH OF EQUAL FORCE AND EFFECT. YA G, RABINOWiTZ, Ph. D. ~-- ~ ~Z.i~ 2~ ~ ~ ron .Rabinowitz, Ph, D. Date CIT QF S CHRISTI, TEXAS l o t~ Mic el Barre Dat Assist nt Director of Financial Services APROVED AS TO FORM: day of , 2010: City Attorney by Veronica Ocanas Assistant City Attorney ~ YIpC~C~~ ~ AUTHgRIT.EI~ ~Y ~~irGlL...~,~P..~.~.~,,, sIrCRC'~ARY 4~~ Incorporated by Reference: Exhibit A: Licensure Requirements & Scope of Services Exhibit B: Fee Schedule Exhibit C: Insurance Requirements EXHIBIT A Licensure Requirements • The professional psychologist must be licensed by the Texas State Board of Examiners of Psychologists. Scone of Services for Professional Psychologist • Interview applicants to identify individuals who will became long-term successful police officers, firefighters, airport public safety officers, crime scene technicians, and MetroCom dispatchers with the City of Corpus Christi. Provide that the recommended individuals are certified as psychologically fit to perform the duties of police officer. • Interview .officers who are candidates for a position on SWAT, Hostage Negotiation Team, Peer. Counseling, or other special assignment to make recommendations to the Chief of Police. • Provide counseling to officers who are suffering from work stress. • Provide support services far officers who have used lethal force. • Interview/counsel officers who have been involved in a critical incident, including firearm discharges, to make recommendations to the Chief of Police for return to duty. • Perform fitness-for-duty evaluations and make timely written recommendations for return to duty. • Provide in-service training and police cadet academy training classes as requested. • Be available for consultation 24 hours a day, 7 days a week. • Be available by cellular telephone. • Wark in conjunction with Police Administration to determine what testing materials will be administered for each position. Police Administration will administer the tests and process for scoring. The Psychologist will retain the test results. The Psycholo~nist will: • Report to the Chief of Police, Fire Chief, ar Chief of Airport Police. • Provide pre-notification to Chief of Police if psychologist will be out of cellular telephone range. During periods of psychologist's absence, arrange for provision of services described herein by alternate licensed psychologist/psychiatrist and provide notice of such alternate at least one business day prior to date of psychologist's absence. • Provide services specified herein at an office located in convenient proximity to the Corpus Christi Police Department's headquarters. • Be available for testimony regarding any matter or action, in court or for City grievances, brought against the City or Police Department in which psychologist was involved. Court testimony is defined as the time actually providing testimony in a court of law or in a deposition. • Submit invoice to the City for all services provided. Invoices will include period of time covered by the invoice, explanation of services provided, number of hours expended, fee- per-hour, extended amount and the service provided. Invoices will be submitted on a monthly basis. EXHIBIT B FEE SCHEDULE FEE PER ITEM HOUR Personnel Assessment and Selection Interview $150.00 Test Interpretation $150.00 Feedf~ack to Chief $50.00 Administrative Work $50.00 Teaching Classes $50.00 Performance Enhancement Leadership Development First Individual Session $150.00 Follow Up Session $100.00 Group Feedback/Instruction $50.00 Clinical Wark Intake Interview/First Session $150.00 Follow Up Sessions $100.00 Training and work (non selection or clinical) with HNT /SWAT $50.00 Court Testimony $100.00 EXHIBIT C INSURANCE REQUIREMENTS I. PROFESSIONAL PSYCHOLOGIST'S LIABILITY INSURANCE A. Psychologist must not commence work under this agreement until all insurance required herein have been obtained and the City has approved such insurance. Psychologist must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Psychologist must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s} acceptable to the City's Risk Manager. The City of Corpus Christ must be named as an additional insured for the General Liability policy and a waiver of subrogation in favor of the City is required on all applicable policies. TYPE OF.INSURANCE NIINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non- renewal, termination or material change is Bodily Injury and Property Damage required on all certificates Per occurrence a re ate COMMERCIAL GENERAL LIABILFTY $500,000 COMBINED SINGLE LIMIT per including: occurrence/ Y. Commercial Form $1,000,000 aggregate 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contractual Liability Applicable if employs anyone other than himself WORKERS COMPENSATION Which complies with the Texas Workers' Compensation Act and Section II of this exhibit EMPLOYERS LIAB ILITY $500,0001$500,0001$500,000 PROFESSIONAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT Coverage provided must cover officers, directors, employees and agents 1. ERRORS and OMISSIONS 2. MEDICAL MALPRACTICE In the event of accidents of any kind, Psychologist must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REOUIIZFMENTS A. Psychologist, must obtain workers' compensation coverage through a licensed insurance company obtained in accozdance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligation incurred by the Psychologist. will be promptly met. A. Certificate of Insurance: * The City of Carpus Christi must be named as an additional insured on the General Liability policy and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on all applicable policies. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of cancellation, non-renewal termination or material change is required. Psychologist. agcement ins. req. 2-ll-]0 ep RiskMbmr[.