HomeMy WebLinkAboutGRUVER, ERIC; PHD. 13`o 1A P LEFE
;3r�NCE NOT ON FILE
JaK MAY NOT PROCEED
LERK OF COUNCIL
DATE: ►u 10 2018
N-2018-135
= P ,Ce G) AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES
- q FOR THE CITY OF SANTA ANA POLICE DEPARTMENT
THIS AGREEMENT is made and entered into this 12th day of June, 2018 by and between Eric Gruver,
Ph.D., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of Califomia (°'City").
RECITALS
A. On January 4, 2018, the City issued a Request for Proposal ("RFP') No. 18-001 for the purpose
of retaining a consultant having special skill and knowledge in the field of providing
psychological evaluation and counseling services for the City's Police Department,
B. The City received numerous responses to the RFP. Consultant is one of the three parties
selected by the City. Consultant represents that he is able and willing to provide such services
to the City
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the psychological evaluation services described ani set forth in Exhibit A. attached hereto
and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total sum to be expended under
this Agreement shall not exceed $8,906.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need
not be made for work which fails to meet the standards of performance set forth in the
Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on July 1, 2018 and continue for a one (1) year term through
June 30, 2019, unless terminated earlier in accordance with Section 13, below.
d. INDEPENDENT CONTRACTOR
Consultant shall, during the entire tern of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed
to create an employer-employee relationship, a joint venture relationship, or to allow the City to
exercise discretion or control over the professional manner in which Consultant performs the services
which are the subject matter of this Agreement however, the services to be provided by Consultant
shall be provided in a manner consistent with all applicable standards and regulations governing such
services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
S. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of
$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, and representatives as additional
insured(s), (b) be primary and not contributory with respect to insurance or self-
insurance programs maintained by the City; and (c) contain standard separation of
insureds provisions.
tN Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage
for owned, hired and non -owned automobiles.
c. C\ Worker's Compensation Insurance. In accordance with the provisions of Section 3700
of the Labor Code. Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $L000;000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with S2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference into
the Agreement.
V. Consultant shall supply City with a Rally executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to fwnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the Ci ty's
election; to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination, Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
G. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (t) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the negligent
operations of the Consultant, its subcontractors; agents, employees, or other persons acting on its behalf
which relates to the services described in section t of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, j udicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement
applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered,
or alleged to have been suffered, by reason of the events referred to in this Section or by reason of
terms of; or effects, arising from this Agreement. The Consultant further agrees to indemnify, bold
harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to
be selected by the City, regarding any action by a third party challenging the validity ofthis Agreement,
or asserting that personal injury, damages; just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding, Notwithstanding the foregoing, to the extent Consultant's services are subject te- Civil
-
Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
Consultant shallkeep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City
for a minimum period of three (3) years, or for any longer period required by law, from the date of
final payment to Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts
or copies of such records and any other documents created pursuant to this Agreement during regular
business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and
activities related to this Agreement for a period of three (3) years from the date of final payment to
Consultant under this Agreement.
S. CONFIDENTMLITY
If Consultant receives from the City information which due to the nature of such information
is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use
or disclose such information except in the performance of this Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in no
event less than reasonable care. "Confidential Information" shall include all nonpublic information.
Confidential information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either party by any
subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of
non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources, (b) is, through no fault of the Consultant disclosed in a publicly available source; (c)
is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference
to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
24. DISCRI DATION
Consultant shall not discriminate because of race, color. creed, religion, sex, marital status,
sexual orientation;' age, national origin, ancestry, or disabilitv, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
it. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed
by the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to the
terms and conditions hereof. shall not bind or obligate Consultant or the City, Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which is not
embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer„ delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without the
City's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the City's ability to have any of the services which are the subject to this Agreement
performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the .following conditions:
a As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by taw, and Consultant
consents to the City's use thereof for such purposes as the City deems appropriate.
b, payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy, No waiver of any breach, failure or right; or remedy shall
be deemed a waiver of any other breach, failure, fight or remedy, whether or not similar, nor shall any,
waiver constitute a continuing waiver unless the writing so specifies.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of Califomia Both parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of�
in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary forthe provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. Consultant shall notify the City immediately and in -writing of
its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attomey's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
18. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (R1-30)
RO: Box 1988
Santa Ana, CA 02702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
Santa Ana Police Department
20 Civic Center Plaza (M-97)
P.O. Box 1981
Santa Ana California 92702
Fax. 714-245-8090
To Consultant:
Eric Gruver, Ph.D.
2021 E. 4a' Street
Suite 116
Santa Ana, CA 92705
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
N-2018-135
States mail, duly registered or certified, with postage prepaid. and addressed as set forth above. If sent
by far, communication shall be effective or deemed to have been given twenty-four (24) hours after
the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or
City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
iMaria' � ui
zar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attomev
By
l
Tamar ogosian
Assistant Citv Attorney
RECOMMENDED FOR APPROVAL:
Chief of Police
Santa Ana Police Department
CITY OF SANTA ANA
Ra odinez II
City Manager
CONS TANT:
n,
Eric Gruver, Ph.D'
EXHIBIT A
SCOPE OF SERVICES
N-2018435
The City of Santa Ana is seeking a professional and experienced company to pre-employment psychological
evaluation services; peer support training, and crisis counseling. Specific responsibilities include, but are not
limited to:
A. Complete Pre -Employment Psychological Evaluations
Perform a complete pre-employment psychological evaluation for the City's Police Department
applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards
and Training (POST) Psychological Screening Manual, as well as any additional psychological
suitability criteria specified by the City's Police Department.
A complete pre-employment psychological evaluation includes, but is not limited to a clinical
interview, administration of necessary tests, scoring of tests and preparing verbal and written
recommendation for employment.
Consultant shall:
1. Provide the City's Police Department a list of available appointment times for
psychological evaluations; the appointment times must be provided 24 hours prior to
pre -scheduled Commander oral interviews. The psychological evaluations shall be
administered within seven business days of the Commander oral interviews.
2.. Provide the City's Police Department with verbal recommendation of the candidate's
psychological suitability for the classifications of Police Officer as well as other
classifications within the Police Department within two (2) working days of said
candidate's clinical interview.
3. Provide the City's Police Department with a written report of the candidate's
psychological suitability for the classification of Police Officer as well as other
classifications +within the Police Department within -five (5) working days of the
candidate's clinical interview. This report must be received by the PD within five
working days via US Mail, or maybe sent in a pdf document via e-mail.
4. Complete the necessary Police Officer Standards and Training (POST) Continuing
Professional Education (CPE) required for psychologists conducting pre-employment
peace officer evaluations. The initial CPE requirement of six hours must be
completed by April 1, 2018. Evaluators will need to complete 12 hours of POST -
approved CPE' every two years. The CPE Tracking System will calculate the required
hours based on the effective date of this requirement, (September 1, 2014) and the
date the psychologist began conducting peace officer evaluations.
B. Complete Post -Traumatic Psychological Incident Evaluation
Provide City's Police Department employees involved in violent incidents, such as a life-threatening
and/or serious injury or death to any person, complete post-traumatic psychological evaluation.
A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical
interview and post-traumatic counseling,
Consultant shall provide:
1. Initial psychological service contact with involved officer(s) shall be made
immediately if possible; but no later than forty-eight (48) hours following the incident.
2. A minimum of three (3) follow-up counseling sessions shall follow, if the Consultant
deems those sessions necessary. Such follow-up sessions shall, whenever possible
and practical, be scheduled by Consultant at Consultant's office location, unless
otherwise agreed by involved officer(s).
3, One (1) follow-up session within a period of not less than fourteen (14) days and not
more than thirty (30) days following the traumatic incident with the involved officer(s)
to assess whether additional sessions shall be deemed necessary. Following such
sessions, provide City's Police Department with verbal recommendation as to the
necessity of additional sessions and an assessment of officer(s) recommended duty
status within forty-eight (48) hours. A written psychological assessment of, the
officer(s) evaluated shall be submitted within five (5) calendar days to the City's
Police Department upon completion of such follow-up counseling session(s).
4. A verbal recommendation to the City's Police Department for return of said officer(s)
involved in traumatic incidents to full or modified duty status as soon as possible and
in no case laterthan forty-eight (48) hours following the incident.
5. A written psychological assessment to the City's Police Department of officer(s) in
question and a recommendation as to their suitability to return to active duty, full or
modified, and need for follow-up treatment within five (5) days following the post-
traumatic counseling session.
6: At the direction and with consent of City's Police Department, similar post-traumatic
incident counseling services may be requested for immediate family members of
involved officer(s) adversely impacted by the incident. The goal of such services
shall be to stabilize external factors which might otherwise affect officer(s) return to
duty or recovery and to determine if referral to other private service providers :is
warranted. Verbal consultation with City's Police Department is recommended but no
c. Review of Fitness for Duty:
Review background investigations, clinical Interviews, administrative reports and/or other, relevant
documents to determine an employee's psychological fitness for duty; when so directed by the City.
Fitness for duty review includes, but isnot limited to, clinical interviews, administration of necessary
tests, scoring of tests, and preparation of verbal and written recommendations for employment.
Consultant shalt
`1 Outline all psychological concerns resulting from that review and submit to City's
Police Department a recommendation concerning further testing and or evaluation
which may be deemed appropriate.
1 Provide City's Police Department with verbal notification as to the above within forty-
eight (48) hours, and with a complete written report concerning reviews of fitness for
duty within ten (10) working days following receipt of documents or the last clinical
interview of employee(s) in question.
Note: The City may elect to enter into two agreements to allow for a separate psychologist to
conduct fitness for duties.
D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City's Police Department
when a Department employee(s) is believed to be suffering from a psychological disorder or emotional
disturbance and unable to perform any or all of the full range of duties of an employee's classification.
Consultant shall:
1. Obtain authorization from City's Chief of Police or designate prior to conducting crisis
intervention counseling of City's Police Department employee(s). Should intervention be
requested by employee and not Department, consultant agrees to obtain authorization from
City's Chief of Police ordesignate priorto conducting crisis intervention counseling,
E. Critical Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting
effect on their mental health and well-being. The Santa Ana Police Department recognizes the
importance of routine and post -incident debriefings to assist employees in processing events in a
healthy and productive manner while minimizing the risk of post incident stress that can lead to physical
and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the
consultant shall:
1. Conduct routine group debriefings with units that are regularly exposed to high levels of
stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure
the group's ongoing well-being.
2. Hold a post -critical incident meeting ahead of, a formai debriefing to discuss normal
reactions to stress and healthy methods to process stress. When necessary, such
meetings shall be conducted prior to the affected employee's end of watch:
3. Facilitate post -incident group debriefings with affected employees following a critical
incident. Such debriefings should ideally be held within 24-72 hours of the incident but,
given the need to coordinate varying work schedules, shall be conducted as close in time to
the incident as practical.
F.Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call -outs or major
investigations as requested.
Consultant. shall:
1. Consult with the Department's management regarding psychological profiles and
recommended approach to addressing specific suspects.
. Assist in interpreting intelligence data in reference to criminal incidents andtor suspect.
City of Sante Ana — RFP 18-001 for Psychological Services
Page 12
G. Psychological Training Services
Provide City's Police Department employees with relevant psychological training to assist in the
providing organizational wellness services. Consultant shall
1. Provide training to members of Police Department including, but not limited to, peer
support services, crisis intervention stress management, and suicide
intervention1prevention training.
City of Santa Ana — RFP 18-001 for Psychological Services
Page 13
EXHIBIT B
COMPENSATION (RATES)
i
N-3018-135 A-. c:7,1d.IKt4
CITY OF SAEt'i'A ANA
REQUOT FOR PROPOSALS FOR PSYCHOLOGICAi. URVICES
PROPc SEM 0MIFIGMIONAND PROPOSAL REM PRICING
COrMCatlOri - I cmrtliy hat i have nand, t ndMtMd and swee to itis tears and conditions of this Requast for Proposals;
I have examined the Scapa of SeMbas tett Al and am Tamil er wHhNw servkee being requested. l understand and
agree that I am responsible for retmrtirfq an.y errors, amlsaions or discrepanclas to the City for dsrilicatinn prior to fits
submission of myproposat.
Proposal Item Price » Pricing shall be stl inclusive and based on the scope of services described In exhibit A. Coat
proposal shall include all costa for a t ne year psycholaglcef serrice$ agreernem
Service
Pricing
Anticipated No.
' Subtotal
of Units Per Yr,
A. Pee-entploymentpsyehotogicat
$425 Per applicant
TBD
svalustipns
11 Complete Pest -Traumatic
175 Per hath
Psychological Incident
Evaluation
C. RavleW of Fitness for Duty
17176 Per 1tgUi
TBD
$
Crisls Intervention Counseling
$175 Per hour
TBD
E. Critical Incident Stress
$175 mar hiauc
TBD
Man Ververit
T Consultation Services
$175 'er hour
TBD
$
- Psychological Tralfft SerViGee
$175 Per hMr
TBD
$
Testimony Irr court and court
$ SO- Fier hour
TBD
$
to araiton
WORKERS' COMPENSATION DECLARATION
� tL 14 Hereby affirm under penalty of perjury, the
(Nmnerrcte>
following declaration:
I certify on behalf o�# U that during the term of my
(Cons company e)
contract ford services with the City of Santa Ana, I will
not employ any person in any manner so as to become subject to the workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of Section 3700 of the Labor Cade, I shall forthwith
comply with those provisions and pro de proof o orkers' compensation coverage.
DATE,.f 1
WARNING. FAILURE TO S
UNLAWFUL, AND SHALL!
AND CIVIL FINES UP TO O
ADDITION TO THE COST'i
IN SECTION 3706 OF THE I
Name:itis�97tt tYj,
Title:
Telephone:
COVERAGE IS
kL PENALTIES
($100,000). IN