Loading...
HomeMy WebLinkAbout25438AGREEMENT INFORMATION AGREEMENT NUMBER 25438 NAME/TYPE OF AGREEMENT LAW ENFORCEMENT PSYCHOLOGICAL & COUNSELING ASSOCIATES, INC. DESCRIPTION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT/PSYCHOLOGICAL SCREENING SERVICES/FILE ID: 6061 /R-19-0294/MATTER I D : 24-959 EFFECTIVE DATE February 13, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/13/2025 DATE RECEIVED FROM ISSUING DEPT. 2/13/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Law Enforcement Psychological and Counseling Associates, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): Amendment No 1 to the Agreement for Psychological Screening Services with Law Enforcement Psychological and Counseling Associates, Inc. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: 19-0294 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR/CHIEF PROCUREMENT OFFICER October 16, 2024 Annie Perez, CPPO 117:10:06 EDT SSAIGNATURE:L ?ti--, RISK MANAGEMENT October 17, 2024n�MO/le2S4:4Z EDT DocuSg led by SIGNATURE:r ,, CITY ATTORNEY Matter 24-959 February 10, 20 4eIgt%\cY4TnPsli 00�4 r �=r, k wlsowd III Ces ata„ ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER February 10, 2025 Larry Spring, CPA I 13:06:00 BEST SIGNATURE: [ sp,„ ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: DEPUTY CITY MANAGER February 11, 2Mtalshhc2112l124 lilliams SIGNATURE: NC°14..41"' CITY MANAGER February 12, 2025 Arthur Noriega V 1 06:35:47 EST SIGNATURE: u7 ri:hty, Ca850CFOC3,zooa, CITY CLERK February 13, 20 d(� MYBEn0�o SIGNATURE: i. PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Eduardo Falcon Contact Person Procurement Analyst Title 10/15/2024 Date: Procurement Requesting Client (305) 416-1901 Telephone Legal Service Requested: Matter No. 24-959: Amendment No 1 to the Agreement for Psychological Screening Services with Law Enforcement Psychological and Counseling Associates, Inc. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: Issue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: RFP 610384 for Psychological Screening Services Amendment 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ 0 City Commission — RESOLUTION No. 19-0294 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? Psychological Screening Services 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Police 5. IS THE AWARDEE INCUMBENT? Yes 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? New Services added to the contract 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? 9/26/2029 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? Approximately 1.1 million from September 2019 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Highest ranked proposer AMENDMENT NO. 1 TO THE AGREEMENT FOR THE PROVISION OF PSYCHOLOGICAL SCREENING SERVICES BY AND BETWEEN LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC. AND THE CITY OF MIAMI This Amendment No. 1 ("Amendment") to the Agreement resulting from Request for Proposals ("RFP") No. 610384 for the provision of Psychological Screening Services ("Services") dated September 27, 2019 by and between the City of Miami, Florida, a municipal corporation of the State of Florida ("City"), and Law Enforcement Psychological and Counseling Associates, Inc. ("LEPCA/Contractor), is entered into this.l3tt,day of February , 2025. RECITALS WHEREAS, pursuant to Resolution No. R-19-0294 adopted at the July 25, 2019, City Commission meeting, the City entered into an Agreement with LEPCA for the Services pursuant to RFP No. 610384; and WHEREAS, the City's Police Department desires to amend the Agreement to include additional Services as delineated in Exhibit "A2" Annual Wellness Visits, attached hereinto; and WHEREAS, pursuant to Resolution R-19-0294, the City Manager may negotiate and execute all other documents, including any amendments, renewals, and extensions; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties, the parties agree to amend the Agreement as follows: 1. The recitals above are true and correct and hereby incorporated herein by this reference. This Amendment No. 1 shall be effective as of the above referenced date. The following exhibits are hereby incorporated herein by this reference: a. Exhibit A2 — Annual Wellness Visits in the event of a conflict between the Agreement, this Amendment No. 1, and its exhibits, the conflict shall be resolved in favor of the following priority order: this Amendment No. 1 and its exhibits in the order in which they are attached, then the Agreement and its exhibits in the order in which they are attached. 1 2. Exhibit A2 is hereby added to the Agreement. Section 3A., Scope of Services, is hereby amended as follows': "Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A,," "A2." and "B" hereto, which by this reference is incorporated into and made a part of this Agreement." 3. NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any Services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Agreement. Furthermore, Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 4. COUNTERPARTS, ELECTRONIC SIGNATURES: This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same amendment. This Amendment may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Amendment upon request. ' Additions to text indicated in underline while deletions are indicated in strikethrough. 2 5. E-VERIFY EMPLOYMENT VERIFICATION: Contractor shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Contractor knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Contractor agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Contractor shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 6. ANTITRUST VIOLATORS VENDORS LIST: Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 7. ANTI -HUMAN TRAFFICKING: The Contractor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Contractor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Contractor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Contractor for any additional compensation or for any consequential or incidental damages. All other terms, covenants, and conditions of the original Agreement issued thereto shall remain in full force and effect, except to the extent herein expressly amended by this Amendment. SIGNATURE PAGE FOLLOWS 3 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Print Name: MyTc Apon\C.d Title: og; Ce, nq►'1G9CR (Corporate Seal) "LEPCA" By: Print Name: 21Fit-IJVY11401-0 Title: P►2 O (Authorized Corporate Officer) "City" CITY OF MIAMI, a municipal ATTEST: Signed by: corporation By: By: Ilvflakr nevi Todni Hannon\city Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: DS Gcery k R1S6kd III FrikiLF By: APPROVED AS TO INSURANCE REQUIREMENTS: 25-54:15F25.0 George K. Wysong III 24-959 Ann -Marie Sharpe City Attorney Director of Risk Management 4 COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) L --141-0.-c6-7 ale)) WHEREAS, it GH-dLDG f CAT- 1) �U.S ^� 1 �•S'C (company 7 /�l/ J �� - (company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the aA ar 1 taitan.Sboard type; Board of Directors for Inc, Board of Managers for LLC.) at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of DIy) rn,-720same as identified above) that this company is authorized to enter into the Agreement with the City, and the Pir1�S1,r�T (company officer title) and the N (company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. ti& IN WITNESS WHEREOF, this 1/ day of 024. /buo COOL5C--irs,c1 ASSOLI fi?e-S LAW SOt CEO 1 E6T Pcqfc4Contractor») An Ft0I2( M (State) Company By: Print Name: (sign) 2,aiptio 444-etiqmu TITLE: 191ICS ((�(`1u r CUD 0,(jj- Print Name: r I11� f lfrpU n ' (sign) 5 01111""''� Mayte Aponte Comm.:HH222381 :•• Expires: Jan. 31, 2026 ��''�O�`` Notary Public - State of Florida � z ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. 1 am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. �c�,,,, �` Nongovernmental Entity: I. —kW t_K•)F 0(ICEr'16i' P�j Gtftx. IGh�. G (oo J tt, '1S10163 Name: EQ I ► "v NI4N(11 IJ Officer Title: (DC>S' Signature of Officer: Office Address: — v RQ oo 1,1 (A) I I kt' klAki �(J I r 1 Z 1 OL FL - Email Address: gAl W C/14-N P LJC4,, Main Phone Number: 3OS - (-(4 Z - 66C0 33178 FEIN NoS/g- t/9?/&/I /$ C"'rvt. STATE OF FLORIDA COUNTY OF MIAMI-DADE 1 The fbregoing instrument was sworn to and subscribed before me by means of physical presence or O online notarization. this 1\ day of ben001' . by .&? IAN rnC 1J4 kyis the authorized officer or representative for the nongovernmental entity.. I le/she is personally known to me or has produced P,.q as identification. (NOTARY PUBII%NIPt')� Mayte Aponte �`cr Comm.:HH 222381 , Expires: Jan. 31, 2026 ''1 �° � "xx`- Notary Public • State of Florida My Commission Expires: 0'1. 3\ - 7O Z w Signature of P rso 1' i ing (ath (Printed. Typed. or Stampee 1 Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787A6, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Title Chapter 787 XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED CRIMES OFFENSES View Entire Chapter 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced tabor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using tending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the tabor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively Limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule 1 or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For tabor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for tabor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794,011(1), is involved commits a life felony, punishable as provided in s. 775,082(3)(a)6., s. 775,083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individuat's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for taw enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for taw enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shalt develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shalt provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shalt be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shalt be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for tabor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us 40ORCFMENT pf*0 • PUBLIC • SAFFTY Exhibit "A2" Law Enforcement Psychological and Counseling Associates, Inc. City of Miami Police Department Annual Wellness Visits An Annual Wellness Visit (AWV) is a one-on-one session with an agency employee and mental health treatment provider. Visits are confidential and do not involve any written records, other than a written confirmation of attendance that is shared with agency. These AWVs may be 30-minute to 60-minute visits that allow agency employees the opportunity to discuss any topic they wish, including personal, family, and/or work stressors, and become educated on a variety of available agency wellness services. For the great majority of employees, the AWV will serve as a mandated educational and wellness intervention session without any necessary follow-up until the next scheduled AWV. A direct benefit of the contact will serve as an education for the employee to become familiar with services and resources available in case there is need for assistance between mandated visits. If during an AWV an employee verbalizes a need for additional services, including medication management, peer support, chaplaincy, Employee Assistance Program (EAP), etc., the mental health professional will assist the employee with coordinating those services. However, if it becomes apparent to the mental health professional that the employee is experiencing acute or incapacitating symptoms, the mental health professional may need to explain to the employee the possible temporary removal from their usual job duties and the immediate necessity for further treatment. The mental health professional, typically with the employee present, will then immediately contact by phone a designated agency Commander/Supervisor to inform them of the situation. The mental health professional will discuss and coordinate with the Commander/Supervisor the specific actions that are being recommended for further intervention. Please be aware that these sessions are educational and confidential in nature, similar to how Critical Incident Stress Debriefings (CISDs) are managed within Departmental Policy. It is recommended that the agency view the Annual Wellness Visits as similar to how the International Association of Chiefs of Police (IACP) views CISDs as "separate and distinct from any fitness -for -duty assessments or administrative or investigative procedures." Additionally, "In general, mental health professionals refrain from rendering fitness -for -duty opinions when they are not conducting an FFDE, such as when providing debriefings in the context of an officer -involved shooting or similar services in other situations when return to duty is at issue." 9960 N.W. 116th Way Suite 12 Miami, FL 33178 305-442-8800 ph. 305-442-4469 fax www.lepca.com Exhibit "A2" City of Miami PD Annual Wellness Visit 2 The agency should consider language in a departmental order similar to the debriefings which is in accordance with the City of Miami Department Order 6, Chapter 6 (specifically 6.4.1). In addition, this order includes section 6.4.1.3.1 which states "Such sessions are not to determine an officer's fitness for duty." An AWV should be considered a confidential professional service and other than verifying an employee's attendance when requested, the consultant will not provide further information to anyone except as specified below. All conversations shared with the mental health professionals are confidential except in the following circumstances: • There is suspicion of child, dependent, or elder abuse or neglect (e.g., sexual or physical abuse or neglect). • Where an employee presents as a danger to self or others (e.g., homicide or suicide) • While information regarding substance use is kept confidential, if substance use by employee presents an imminent threat to self or others (e.g., use on duty, minor child exposed to illicit substance use, etc.), disclosure or voluntary reporting of use will be discussed with the mental health professional. The following information is the recommended practical considerations in an agency's creation of an effective policy for an AWV: 1. An AWV is conducted for the benefit of the agency employee and is NEVER to be confused with a formal Fitness for Duty Evaluation (FFDE) or to be used as part of any administrative or disciplinary investigation. 2. To avoid the fear of stigmatizing any individual employee, all employees may be mandated to attend an AWV session. In order to best facilitate and manage the process, it is recommended the unit Commander or the employee's immediate supervisor should coordinate with Health Services on a rotating basis to schedule/manage/confirm appointments through a scheduling system. This appointment system will allow for supervisors to maintain tracking. 3. AWVs will primarily be conducted through a secure remote telehealth platform. This will be most convenient for agency personnel and allow for ease of scheduling. However, in the case an employee specifically requests an in -person AWV at our office location, we will schedule accordingly. Exhibit "A2" City of Miami PD Annual Wellness Visit 3 Management of the Annual Wellness Visits Conducting Annual Wellness Visits for public safety agency personnel is a proactive and preventive approach to employee wellness. However, management of the staffing required to manage sessions for approximately 1,400 employees can be daunting. As a result, LEPCA has expanded staffing to bring on additional mental health professionals to meet the needs of the City of Miami and to continue our pursuit of broadening our cultural and ethnic diversity. The staff biographies provided with this document demonstrate our attention to blending professional and specialty experience in public safety with a multicultural staff representation to best meet the needs of a diverse agency. Additionally, Dr. Mangan is networking with additional vetted mental health professionals to bring on board with a focus on continual growth of a diverse staff capable of meeting wellness needs. The cost for the AWVs can be incorporated into the current cost structure for the EAP, Mandatory Return to Work sessions, and Critical Incident Stress Debriefings. • Fiscal year 2022-2025: $110/hour • Fiscal year 2025-2029: $115/hour With that structure in mind and considering the logistics of scheduling AWVs for all agency personnel, here are some practical or logistical considerations for discussion: • AWVs may be scheduled as 30-minute sessions annually for each agency employee to keep overall cost down. It is anticipated that most education and discussion will be managed within the 30-minute timeframe. Understandably, there will be circumstances when the AWV may require a 60-minute visit, which will be managed accordingly. o 2022-2025: $65/ 30-minute session o 2025-2029: $70/ 30-minute session • Another possible option to manage the large volume of AWVs necessary for City of Miami PD personnel, the agency may consider scheduling visits biennially, with the knowledge that the employee has contact information for resources if needed, such as contacting our offices directly as the EAP provider, and/or the opportunity to schedule an annual wellness visit if requested on their "off' year. Exhibit "A2" City of Miami PD Annual Wellness Visit 4 Current Law Enforcement Psychological and Counseling Associates (LEPCA) Staff Brian Mangan, PsyD, ABPP Licensed Psychologist Board Certified in Police & Public Safety Psychology President of LEPCA bmanganlepca.com 305-442-8800 Ext-2 Dr. Mangan is Board Certified in Police & Public Safety Psychology and licensed in Florida and Maine. He received his Bachelor of Science in Psychology from James Madison University and Doctorate in Clinical Psychology from The George Washington University. He began working in the field of police and public safety psychology in 2006 and currently serves as the President of Law Enforcement Psychological & Counseling Associates in Miami, Florida. Dr. Mangan consults with over sixty law enforcement and public safety agencies in Florida, primarily conducting pre -employment psychological screenings, psychological fitness for duty evaluations, critical incident stress debriefings, and therapy/wellness services. Client agencies include Florida Highway Patrol, Florida Fish and Wildlife Conservation Commission, Palm Beach Sheriff's Office, Broward County Sheriff's Office, City of Miami PD, and Miami -Dade County Police, Fire, and Corrections. Additionally, Dr. Mangan has provided services and completed evaluations for Federal Occupational Health, National Oceanic and Atmospheric Administration, Transportation Security Administration, U.S. Secret Service, and Federal Bureau of Investigation. Dr. Mangan is an active member of the International Association of Chiefs of Police (IACP), recently completing a five-year term on the Executive Board of the IACP Police Psychological Services Section, serving as General Chair of the Section in 2019. Additionally, he completed a three-year appointment to the Ethics Consultation Committee and served as a member of the Officer Involved Shooting Guidelines Revision Committee (2013) and the Psychological Fitness for Duty Evaluation Guidelines Revision Committee (2013). Dr. Mangan is a Specialty Board Member with the American Board of Police and Public Safety Psychology, currently serving as the President Elect and National Chair of Examinations. He is a member of APA Division 18: Psychologists in Public Service, previously serving as Secretary/Treasurer of the Police and Public Safety Section, as well as the Consortium of Police Psychological Services (COPPS), serving as the Conference Chair in 2008 and 2013. Exhibit "A2" City of Miami PD Annual Wellness Visit 5 Maria Galmarini, PsyD, ABPP Licensed Psychologist Board Certified in Police & Public Safety Psychology mgalmarininlepca.com 305-442-8800 Ext-4 Dr. Galmarini is Board Certified in Police & Public Safety Psychology. She received her Bachelor of Science Degree in Psychology from Boston University (2008), and both her Master of Science in Mental Health Counseling (2010) and Doctorate in Psychology from Nova Southeastern University (2015). Dr. Galmarini first gained experience in the field of police psychology in 2013, completing a clinical externship at Miami -Dade Police Department's Psychological Services. She provided individual, couples, and family therapy to sworn officers, civilian support personnel, and their families. Dr. Galmarini joined Law Enforcement Psychological and Counseling Associates, Inc (LEPCA) in August of 2015. She currently provides individual, couples, and family therapy to police and public safety personnel and support staff through the employee assistance programs of the City of Miami, City of Coral Gables, and City of Hialeah Police Departments, as well as the City of Hialeah Fire Department. Additionally, Dr. Galmarini conducts pre -employment psychological screenings, psychological fitness for duty evaluations, and critical incident stress debriefings with police and public safety personnel with over sixty local and state agencies. Dr. Galmarini has worked with diverse clients in various settings. She is bilingual and has experience performing evaluations and providing individual, couples, and family therapy in English and Spanish. Her broad clinical and evaluation experience in the diverse area of South Florida has afforded Dr. Galmarini an opportunity to learn about and integrate cultural awareness in her work. In addition to her work in police and public safety, Dr. Galmarini currently serves as a forensic evaluator for the 1 lth Judicial Circuit of Miami - Dade County, conducting competency evaluations and providing expert witness testimony in criminal court. Dr. Galmarini is an active Associate Member of the International Association of Chiefs of Police (IACP)- Police Psychological Services Section, currently serving as the Chair of the section's Diversity Committee. Additionally, she previously served as a member of the Annual Conference Education Committee and as a member of the Officer Involved Shooting Guidelines Revision Committee in 2018. Dr. Galmarini is also a member of the American Psychological Association -Psychologists in Public Service Division and the Society for Police and Criminal Psychology. Exhibit "A2" City of Miami PD Annual Wellness Visit 6 Vanessa Perez, PsyD, LMHC Licensed Psychologist vperez@lepca.coui 305-442-8800 Ext- 5 Dr. Perez received her Bachelor of Science degree in Psychology from Florida International University (2002). She pursued her graduate studies at Nova Southeastern University where she received her Master of Science degree in Mental Health Counseling (2005). Dr. Perez further pursued her graduate studies at Carlos Albizu University, where she received an additional Master of Science degree in Psychology (2008) and Doctorate in Clinical Psychology (2013). Dr. Perez has over twelve years in the field providing comprehensive psychological evaluations and working with culturally diverse populations. In 2015, Dr. Perez began working at Law Enforcement Psychological and Counseling Associates, primarily conducting pre -employment psychological screenings, psychological fitness for duty evaluations, critical incident stress debriefings, and counseling services for the Officer Assistance Program with the City of Miami, Coral Gables and Hialeah Police and Fire Departments. Dr. Perez is currently a member of the American Psychological Association (APA), Psychologists in Public Service (Division 18), and the International Association of Chiefs of Police -Psychological Services Section (IACP-PPSS). Dr. Perez served on IACP PPSS's Education Committee (2018-2020) and Psychological Fitness -for -Duty Evaluation Guidelines Revisions Committee (2018). Mirelis Peraza, PsyD. Licensed Psychologist Dr. Peraza received her Bachelor of Science degree in Psychology from Florida Atlantic University (2003). She pursued her graduate studies at Carlos Albizu University, from where she received her Master of Science degree in Psychology (2005) and a Doctorate in Clinical Psychology (2012), both with distinction. Her area of concentration during her doctoral studies was forensic psychology and assessment. Also, while attending Carlos Albizu University she participated in specialty training with Dr. Brian Mangan, who was teaching a specialized course in Police & Public Safety Psychology. During this two- Exhibit "A2" City of Miami PD Annual Wellness Visit 7 semester training, emphasis was placed on pre -employment psychological screening with public safety applicants. Dr. Peraza completed her pre -doctoral internship and postdoctoral residency at South Florida State Hospital (SFSH), where she remains as a full-time psychologist. Dr. Peraza joined LEPCA in 2013, on a part-time apprenticeship basis. During this time, she continued her training with integration of standardized objective test profiles, as well as observed clinical interviews and the final report process, while being mentored by Dr. Mangan. Dr. Peraza also has over ten years of experience in clinical therapy, with a diverse range of populations and disorders. Before providing clinical services to the severe mentally ill population of the state hospital, she had over 7000 hours of experience in clinical therapy with children and their families. Additionally, for the past eight years, Dr. Peraza she provides individual, couples, and family therapy to law enforcement and civilian personnel through the employee assistance program of the City of Miami, City of Coral Gables, and City of Hialeah. She has sought extensive training, specializing in the areas of affective disorders, trauma, family dynamics, and immigration and acculturation issues. Pablo Martin, LCSW Licensed Clinical Social Worker pmartin@lepca.coui 305-442-8800 Ext-6 Mr. Martin received his Bachelor of Arts degree in Social Work from Florida International University (1998) and his Master of Social Work degree from Barry University (2000). Mr. Martin obtained his license to practice Clinical Social Work in 2003 and has experience providing therapy services for children, adolescents, adults, couples and families. He has many years of providing Continuing Education and In -Service trainings in the areas of BioPsychoSocial Assessments & Treatment Planning, Anger Management, Working with Children of Divorce, Laws & Ethical Practice and Clinical Documentation Compliance. Additionally, he is a Qualified Clinical Supervisor for the Social Work Profession as certified by the State of Florida Department of Health. Mr. Martin began working in the field of police and public safety in 2012, regularly providing therapeutic services for individual, couples, and family counseling to law enforcement and public service personnel through the Employee Assistance Program of the City of Miami, City of Coral Gables, and City of Hialeah Police Departments, as well as the City of Hialeah Fire Department. Moreover, he assists with critical incident stress Exhibit "A2" City of Miami PD Annual Wellness Visit 8 debriefings, staff training, and office consultation regarding referrals for community programs and long-term treatment. In addition to his extensive clinical experience, Mr. Martin also serves as a Peer Reviewer for the Council on Accreditation, an international, independent, nonprofit, human service accrediting organization. Doris Triay-Merein, LCSW Licensed Clinical Social Worker Mrs. Triay-Merein received her Bachelor of Science degree in Psychology from Hunter College of the City University of New York and her Master' of Social Work degree from Fordham University. Doris is a Licensed Clinical Social Worker and a Certified Case Manager. Bilingual in English and Spanish, Doris has been a practicing clinician for over 30 years with a specialization in children and families. Mrs. Triay-Merein joined the Law Enforcement Psychological Counseling and Associates in 2002 and she is passionate about helping Police Officers and others reach their full potential in life by using a strength -based approach. Altagrace Gustave, M.S. Registered Mental Health Counselor Intern Ms. Gustave received her Bachelor of Arts in Psychology, Bachelor of Science in Communications, and Master of Science in Psychology from Florida International University. Prior to joining the LEPCA team, Altagrace provided mental health services to children from ages 5 to 18, while working as a Mental Health Coordinator for Miami -Dade County Public School's Department of Mental Health Services for three years. Having also worked with the adult population in community mental health, Altagrace's primary experience has been with children, not only in the capacity of a mental health professional, but also in an educational one, having been a Pre-K Literacy Tutor for AmeriCorps, as well as an English -Language instructor, abroad, in France. Exhibit "A2" City of Miami PD Annual Wellness Visit 9 Altagrace's psychological areas of experience include autism spectrum disorder, attention -deficit hyperactivity disorder, specific learning disorder, conduct disorder, mood disorders, anxiety disorders, trauma, and eating disorders. As a culturally sensitive practitioner, Altagrace is fluent in Haitian Creole, French, and Spanish; she is also learning Brazilian Portuguese and Italian. Mayte Aponte Office Manager maponte@lepca.com 305-442-8800 Ext-1 Mrs. Aponte has been with LEPCA since May 2013 and has been an integral part of growing our firm. She assists clients and agencies with all assessment and intervention needs, overseeing coordination and scheduling of all LEPCA services. She also serves as LEPCA's testing administrator, supervising and assisting clients throughout their evaluation process. Her dedication and loyalty to our practice has made her a client favorite among all the agencies we work with. Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, February 13, 2025 11:53 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Roberts, Frankeetha Subject: Executed Amendment PSA Psychological Screening Services - Law Enforcement Psychological (Matter 24-959) Attachments: Amendment PSA Psychological Screening Services - Law Enforcement Psychological (Matter 24-959).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Thank you, Aimee Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E adandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i