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R95-020RESOLUTION NO. R95-,~,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND WOODLAKE PSYCHOLOGICAL ASSOCIATES, P.A., PROVIDING FOR CERTAIN PROFESSIONAL SERVICES; AND PROVIDING AN EFFECTIVE DATE. ATTEST: Clerk WHEREAS, the City of Boynton Beach (City) wishes to contract with Woodlake Psychological Associates, P.A. {Psychologists) to provide certain professional services; and WHEREAS, these services will assist the City in making its determination of the adaptability and fitness of candidates for employment as police officers, as well as providing crisis intervention counselling, training lectures and employee evaluation referrals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Woodlake Psychological Associates, P.A., a copy of said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSEDAND ADOPTED this ~/ day of February, 1995. CITY ~F BOYN'I;ON BEA~CH, FLORIDA Mayor ~ Vice I~or Mayor Pro Tem ] ~.~~__ ..... Comm~, ~["~ BBPD,PsychologicalAgr 2/14/g5 Authsig, Res Woodlake Psychological Associates, P.A. Clinical Psychology 3900 Woodlake Blvd., Suite 211 Greenacres, Florida 33463 (407) 966.8423 Paul E. Bryan, Jr., Ph.D. Raul Diaz, Ph AGREEMENT THiS AGREEMENT, mad__o in duplicate in Palm Beach County, Florida this ~ day of ~ , 199S by and between The City of Boynton Beach, Florida, a municipal Corporation (hereinafter referred to as the "City") and Woodlake Psychological Associates, P.A., which consists of Raul Diaz, Ph.D., and Paul E. Bryan, Jr., Ph.D. (hereinafter referred to as "Psychologists"). WITNESSETH: WHEREAS, the City of Boynton Beach is located at 100 E. Boynton Beach Blvd., Boynton Beach, Palm Beach County, Florida, and wishes to contract with %he Psychologists to provide certain professional services~ and WHEREAS, the Psychologists are duly licensed and registered in the State of Florida whose offices are at 3900 Woodlake Blvd., Suite 211, Greenacres, Florida, 33463 and are qualified to evaluate within the confines of current psychological knowledge the psychological and emotional stability and fitness of candidates for employment as police officers and that of those who are current employees of the Boynton Beach Police Department; and WHEREAS, these determinations by the Psychologists will assist the City in making its determination of the adaptability and fitness of candidates for employment as police officers; and WHEREAS, the parties desire to provide a full statement of their agreement in accordance with said professional services during the term of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements of this contract, it is understood and agreed between %he parties hereto as follows: Contract, Page 2 !. That the Psychologists will provide appropriate psychological testing consistent with the standards of their profession, and ir a manner which is .in conformance with the accepted methodolog~ currently used in their profession in evaluating individuals wh( have been offered conditional employment in the field of la% enforcement. 2. The City will direct those who are offered conditional employment to submit to preliminary written psychological examination. The Psychologists will then perform psychological analysis and evaluation of the candidate following an interview a time convenient to the parties. 3. The Psychologists shall perform the psychological analysis an evaluation for each such candidate for employment and the result of said tests will be delivered in the form of a written report a outlined in the Psychologists' proposal to the City, within reasonable period of time, not to exceed fourteen {!4) days subsequent to the interview of the candidate. The fee per candidat will be $150.00 per evaluation. 4. The Psychologists agree and hereby stipulate that the testin and methodology used to evaluate candidates for employment a~ police officers shall be generally relative to the determination of their adaptability to perform in the respected discipline of la~ enforcement, as psychological testing allows and shall include, af minimum, the following: 1) Structured Clinical Interview 2) Minnesota Multiphasic Personality Inventory (MMPI-2) 3) Inwald Personality Inventory (IPI) 4) Vulnerability To Stress Scale (VSS) 5) State Trait Anger Expression Inventory (STAXI) 6) Fundamental Interpersonal Relations Orientation-Behavior Test (FIRO-B) 7) Sentence Completion Test (SCT) 5. It is understood between both parties to this agreement tha~ the candidate will in advance of testing and evaluation sign a release of information form waiving any and ail cOnfidential privileges, and further, the Psychologists agree that such privilege is waived regarding the release of any and all information received by them including their testing results, evaluations and opinions to the City. 6. That the Psychologists agree that any professional privilege recognized in the State of Florida is hereby waived as to the City and of no force and effect for the purpose recognized in the law relative to psychological screening required for employment consideration. Contract, Page 3 7. It is further agreed that when requested by the City, th Psychologists will interact with the managers and staff members t{ give brief consultation and professional opinions concernin psychological difficulties within their respective commands. 8. That'the Psychologists, upon request by the City, will assis with structured lectures within the Department. The fee fo providing this service will be charged at $100 per hour. 9. The City may, at its discretion, direct a member of th, Department to the Psychologists for an initial Consultation an¢ evaluation. All referrals by the Department must be authorized b] the Chief of Police. The cost to the City for this initial direc~ referral to the Psychologist shall be $115.00 per evaluatior without testing. If testing is required as part of the initiall consultation and evalUation, the fee shall not exceed a maximum o~ $300.00 per evaluation. If the Psychologists determine tha~ treatment is required for any person directly referred to th~ Psychologists by the City, all costs related to such treatment shall be submitted directly to the persons' insurance carrier for payment and shall not be paid by the City. 10. Prior approval by the City shall be required if thc Psychologists determine that any person directly referred to thc Psychologists by the City should be referred to anyone other than the Psychologists. 11. The Psychologists will be responsible, when requested by the City, to respond on an emergency basis and in a reasonable amount of time to a crisis situation. The fee for providing this service will be charged at $100.00 per hour. 12. That in performance of work, duties and obligations evolving upon the Psychologists under this agreement, it is mutually understood and agreed that the Psychologists are, at all times, acting and performing as an independent contractor practicing their profession. 13. The City shall neither have nor exercise any control or direction over the methods by which the Psychologists shall perform their work and functions; the sole interest and responsibility of the City is to insure that the Psychologists and the services covered by this agreement shall be performed and rendered in a competent, efficient and satisfactory method. The standards of Psychology and the professional duties of the Psychologists shall be in keeping with good psychological practice in South Florida. Al! applicable provisions of law and other rules and regulations of any and all government authorities relating to the licensing and regulation of psychologists shall be fully complied with by the Psychologists. Contract, Page 4 14. If in the sole discretion of the City, the Psycholoaists fail to diligently and faithfully and in th~ highest pro~essiona!, ethical manner provide reasonable professional services the Cit~ shall have the right to advise said Psychologists in writing of its complaints, and ~f these complaints ~re not remedied within five (5) days after receiving same, this agreement is terminated without further notice. 15. Either party to this agreement may, with or without good cause, unilaterally terminate this agreement at any time upon sixty (60) days written notice to the other party, mailed by Certified or Registered mail. All pending reports will be furnished forthwith to the City and all fees earned prior to termination will be paid as set forth herein. 16. The Psychologists shall maintain at all times malpractice insurance in the amount of $1,000,000.00. Said insurance shall be kept in full force and effect and if the coverage is terminated or modified for any reason, the City shall be given written notice immediately by the insurance company. A certificate of insurance must be sent to the City verifying malpractice insurance coverage. 17. This agreement may be amended or changed only by written amendment executed by the Psychologists or the City. 18. Any notice, other than termination, required or permitted to be given under this agreement shall be sufficient, if in writing, and mailed to the Psychologists' address, or in the case of the City, at its principal place of business. 19. The waiver by the City of any breach of any provision of this agreement by the Psychologists shall not operate or be construed as a waiver of any subsequent breach by the Psychologists. 20. The invalidity or unenforceability of any term or provision hereof shall in no way affect the validity or enforceability of any other term(s) or provision(s). 21. This agreement is not assignable. 22. This instrument contains the entire agreement of the parties. It may not be changed orally, but only in writing and signed by both parties. Contract, Page 5 23. That this agreement shall become effective on the ~f'(' of ~ , 1995. da IN WITNESS WHEREOF, the parties have executed this agreement on th ~ day of ~ , 1995. Witness City of Boynton Bea~, Florida Woodlake P~ychol ~g~ cal Associates, P.A. R~ul"Uiaz, Ph.D. Woodlake Psycholog'~al Associates, P.A.