First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 1
FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICS
BETWEEN CITY OF SAN PABLO AND PUBLIC SAFETY FAMILY COUNSELING GROUP, INC.
THIS FIRST AMENDMENT TO AGREEMENT (“Agreement”) is effective July 1, 2023, by and between the City of San Pablo (hereinafter referred to as the (“City”), and the Public Safety Family Counseling Group, Inc., a California Professional Corporation, (hereinafter referred to as “Consultant).
RECITALS
WHEREAS, the parties entered into an agreement (“Original Agreement”) dated July 1, 2021, under which the Consultant agreed to provide specified services for 24/7/365 Critical Stress Management (CISM) consultation and response services; and
WHEREAS, the parties have determined that the services provided by Consultant under the Original Agreement were efficacious and beneficial to the City’s staff, and, thus, the parties desire to extend the Original Agreement’s term to and including June 30, 2026; and
WHEREAS, the parties have agreed to modify the terms of the July 1, 2021 Agreement related to Scope of Services, Compensation, and Effective Date and Term;
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES.
a. Section 1 of the Agreement, “Scope of Services” is amended to add the following provision:
“For services provided July 1, 2023, through June 30, 2026, Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the Consultant’s proposal dated March 1, 2023, attached as Exhibit A and Exhibit B and incorporated herein. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified in Section (3) of the Original Agreement, “Additional Services.”
b. Section 1(D) of the Agreement, “Scope of Services” is amended to substitute the following provision(s):
“COVID-19 Pandemic. All City of San Pablo programs and services must be incompliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.”
First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 2
2. COMPENSATION. Section 2 (A) of the Agreement is amended to add the following provisions:
“Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant for services rendered the following amounts:
a. For services provided in Fiscal Year 2023-24, a base fee of Fifteen Thousand Dollars ($15,000.00) and up to a maximum of Thirty Thousand Dollars ($30,000) as further described in Exhibit B.
b. For services provided in Fiscal Year 2024-25, a base fee of Fifteen Thousand Seven Hundred Fifty Dollars ($15,750.00) and up to a maximum of Thirty-One Thousand Five Hundred Dollars ($31,500) as further described in Exhibit B. c. For services provided in Fiscal Year 2025-26, a base fee of Sixteen Thousand Five Hundred Thirty-Eight Dollars ($16,538.00) and up to a maximum amount of Thirty- Three Thousand Seventy-Six Dollars ($33,076) as further described in Exhibit B. d. Total compensation under this Agreement as Amended shall in not exceed One Hundred Twenty Thousand Five Hundred Seventy-Six Dollars ($120,576) for services rendered under this Agreement as Amended over a total of five (5) fiscal years, from July 1, 2021 through June 30, 2026.
3. EFFECTIVE DATE AND TERM. Section 4 of the Agreement is amended to add the following provision:
“The term of this Agreement (“Term”) begins on the Effective Date set forth in the Original Agreement and is hereby extended to include Fiscal Years 2023/24, 2024/25 and 2025/26, and expires on June 30, 2026. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.”
4. In all other respects not amended by this Agreement, the Original Agreement shall remain in full force and effect.
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First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 3
IN WITNESS WHEREOF, the parties have executed this Amendment in two (2) or more copies as of the date and year first written above.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager
Date signed____________________________
PUBLIC SAFETY FAMILY COUNSELING GROUP,
INC.
By ____________________________________
Elizabeth Dansie, Chief Executive Officer
Date signed_____________________________
ATTEST:
By _______________________________ Dated _________________________________ Dorothy Gantt, City Clerk
Attachment(s):
Exhibit A – Public Safety Family Counseling Group, Inc.’s Proposal dated 3/1/23 - Scope of Services Exhibit B – Public Safety Family Counseling Group, Inc.’s Proposal dated 3/1/23 - Payment
First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 4
EXHIBIT A
SCOPE OF SERVICES
PUBLIC SAFETY FAMILY COUNSELING GROUP, INC.
SCOPE OF SERVICE
1. The primary purpose of this service contract is to provide 24/7/365 Critical Incident Stress Management (CISM) consultation and response services to the San Pablo Police Department (City) and its employees. All services rendered within the scope of this contract are billable as stated herein.
a. CISM services including critical incident stress debriefings, crisis management briefings, on- site response, crisis intervention, and consultation as necessary following extraordinary events encountered by, or impacting, City’s personnel in the course of their duties.
b. 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. Consultant may provide first responder specialized support and short-term individual crisis intervention to City’s employees when employees are referred or directed to seek service by a management level employee of City or as otherwise required following a critical incident.
a. Short-term individual crisis intervention is defined as up to five (5) one-on-one crisis intervention sessions per critical incident or referral.
b. Short-term individual crisis intervention may also be provided when an employee is specifically referred by a Police Department sworn or civilian manager. The number of sessions shall be specifically discussed when the referring manager contacts the treating clinician.
c. Crisis intervention sessions under this section are not subject to per session time limitation.
d. Consultant may, as necessary, make appropriate professional referrals to City’s employee assistance program or other suitable venue when indicated. 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. In no case shall the cost of such referral be the responsibility of Consultant.
First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 5
e. In the event that an employee self-refers, or is directed or referred by City, because of a suicidal crisis, services shall be rendered without regard to session or time limits until one of the following occurs. The suicidal crisis is stabilized, abated, or resolved, or the affected employee is referred to a higher level or other suitable care.
3. Individual Counseling Services
a. City personnel may utilize Consultant for individual counseling services as needed, without referral or authorization from City, for the purposes of crisis stabilization and resiliency.
b. Up to five (5) sessions may be provided to an employee per quarter on a confidential basis without the need for referral or authorization from City.
c. Counseling Services under this section are not subject to per session time limitation.
d. Additional sessions may be authorized by City on a case-by-case basis, subject to City’s exclusive authorization. Authorization shall not require the release of personal HIPAA information or other legally protected information without the authorization of the affected employee.
e. In the event that an employee self-refers, or is directed or referred by City, because of a suicidal crisis, services shall be rendered without regard to session or time limits until one of the following occurs. The suicidal crisis is stabilized, abated, or resolved, or the affected employee is referred to a higher level or other suitable care.
4. Expert collaboration with City Staff regarding issues related to Critical Incident Stress, crisis intervention, education needs, organizational matters, wellness, resiliency, and other psychological services as requested.
5. Provide on-going training, oversight and consultation to the City’s Peer Support Team including assisting in program development, team selection, and professional oversight of team operations.
a. Participation in Regional Peer Support Continuing Education Training is included for all City officially designated peers.
b. Participation in the Regional Peer Support Coordinators’ Meeting is included for City officially designated coordinators.
c. 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. Training hours are billed to the host agency against their contract hours.
First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 6
d. Training may occur on an annual, semi-annual, or quarterly basis and is subject to cancellation, modification, and/or rescheduling because of extraordinary events. e. This training may be offered in person or via a virtual electronic platform.
6. Coordinate as needed with City Staff to offer critical incident stress management support education services for line, supervisory and management staff as requested.
a. Training requests must be submitted at least 90 days in advance.
7. Coordinate as needed with City Staff to offer additional education services as requested within Consultant’s scope of practice. Training requests must be submitted at least 90 days in advance.
8. Be available by telephone for consultation or call out to critical incidents 24 hours a day, 7 days a week.
9. When Consultant is unavailable or unable to render services as indicated in Item 8 above, Consultant will notify Staff and make necessary arrangements for referral to appropriate mental health professionals for coverage.
10. 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.
11. 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 a third-party provider. In no case shall the cost of such referral be the responsibility of Consultant and City shall have exclusive right to authorize any employee’s access to those services.
First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 7
EXHIBIT B
PAYMENT
PUBLIC SAFETY FAMILY COUNSELING GROUP, INC.
1. City will compensate Consultant for a base fee of $15,000.00 per Service Period for services, except as provided for under Item 2, subject to the provisions of the following sections. a. A maximum of sixty (60) hours per Service Period may be provided under this Agreement prior to overage charges being triggered.
b. A “Service Period” is defined as a one-year period, running from July 1 through June 30 of each year this Agreement remains in effect.
c. Contracted “hours” have no cash value, are nonrefundable, and serve only to provide a cap on the maximum amount of work performed at the base rate stipulated in section 1. d. It is incumbent upon City to request and utilize Consultant’s services in a timely manner as hours shall not be rolled over, continued, refunded, or extended into any future period for any reason.
e. If more than sixty (60) hours are used during any Service Period of the contract, additional hours will be billed at an hourly rate of $400.00, except as noted in Item 2 – Additional Service Fees.
f. All hours remaining on account will expire and be permanently lost as of June 30th of each year this Agreement remains in effect.
g. All services rendered away from Consultant’s physical office are billed portal to portal, including standby time, against the total contracted hours.
2. Additional Service Fees
a. Individual Counseling Services
i. The rate for in office counseling services under this section shall be $200.00 per session hour, billable in 30-minute increments with a one (1) hour minimum.
ii. A session hour is defined as 50-minute period of counseling services.
b. ICISF Licensed training courses are subject to the following additional approximated fees.
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i. ICISF Registration and Licensing $400 per course
ii. Materials Fees $150 per person
iii. ICISF Certificates $15 per course, per person
c. Training courses hosted by anyone other than City are not included within the scope of this Agreement and are subject to an additional fee. Fees for outside training are set by the host entity and City shall be responsible for any determination to send and all related costs for sending personnel to any outside training.
3. Authorization for additional services or increases in the hourly/monthly rate may be given at the sole discretion of the CHIEF OF POLICE or his/her designee, subject to a properly executed written change order or amendment. All increases are subject to City’s preexisting purchasing policies.
ADDITIONAL SERVICE TERMS
1. Cancellation. Due to legal and ethical requirement surrounding patient abandonment, cancellation shall be initiated in writing by the cancelling party at least 30 days prior to the final date of service in order to allow for termination or transition of the clinical relationship between Consultant and any City personnel seeking care.
a. The final day of service under this Agreement shall fall upon the last day of the month.
b. Upon cancellation, all fees for services performed prior to cancellation shall become due and payable within 30 days of receipt of a final invoice for services rendered through the final date of service and all account hours are forfeit.
2. Accounting of Hours. Accounting of hours shall be on a whole month basis only, running from the first day of the month through the last day of a month.
3. Other Legal Services. 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.
4. Copyright and Right of Use. 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.
First Amendment to Agreement for Consulting Services
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5. HIPAA Requirements. 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.
a. 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.
6. Confidentiality of Information. 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.
a. If the City receives a Public Records Act request for documents related to the Consultant, it will promptly notify the Consultant of such request. The Consultant may then seek to assert protections and privileges to City or in court, as it may deem appropriate. The Consultant shall notify the City within 5 days if it will seek City or judicial intervention. If it does not, the City will release the requested documents. Nothing herein prohibits the City from asserting any exemptions to disclosure that it deems appropriate.
b. Parties agree to exercise at least the same care, control, and security over records, documents, and/or confidential information obtained from the other party as they would for their own records, documents, and/or confidential information.
7. Billing and Invoices. Consultant shall invoice the City at the commencement of the contract and monthly thereafter utilizing standard accounting practices to be payable within thirty (30) days. Failure to invoice the City within the billing month shall not be reason for nonpayment nor constitute a waiver of fees due to Consultant; however, Consultant shall provide an invoice for services prior to payment by the City.
a. 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 First Amendment to Agreement for Consulting Services
Public Safety Family Counseling Group, Inc./ City of San Pablo July 1, 2023 Page 10
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 shall not be included in accounting information. Utilization statements may be combined with monthly invoices for convenience.
b. Failure of the City to pay any outstanding invoice within 90 days of receipt shall be grounds for cancellation of this contract by Consultant and forfeiture of fees paid by City and City’s banked hours except where other payment arrangements are agreed to in writing.
c. City shall ensure timely requests for and utilization of Consultant’s services. All services not utilized within a single Service Period of this Agreement are non- refundable and will be lost as of June 30th 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.
8. Force Majeure. Except with respect to failure to pay any amount due under this Agreement, nonperformance of either party will be excused to the extent that performance is rendered impossible by strike, fire, flood, natural disaster, pandemic, death of Provider, public protest or riot, governmental acts that are not caused by or within the control of the nonperforming party, order or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.
9. Third Party Insurance Verification. Neither Consultant nor Consultant’s insurance providers are able to comply with demands from or supply documents to Third Party Insurance Verification services that City may or may not contract with to verify independent contractors’ insurance policies. In the event that City utilizes such services, City shall designate a City staff member to collect insurance documents from Consultant and resolve any verification requirements.
10. Agreement Term. The term of this Agreement shall be July 1, 2023, through June 30, 2026. The term shall be divided into two Service Periods for the purposes of administration of compensation and accounting of hours. The Service Periods shall run from July 1 through June 30 each year this Agreement remains in effect.
a. In year two of this Agreement, and each subsequent year thereafter, a 5% price increase shall be added to all base and hourly rates herein.
b. The term of this Agreement may be extended or altered by amendment.