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HomeMy WebLinkAboutItem 14 - Agreements for Law Enforcement Psychological Services Police Department www.santa-ana.org/departments/police/ Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Agreements for Law Enforcement Psychological Services AGENDA TITLE: Approve Agreements with The Counseling Team International, Eric Gruver, Ph.D., and Susan Saxe-Clifford, Ph.D. for Law Enforcement Psychological Services (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with The Counseling Team International for law enforcement psychological services, in an amount not to exceed $78,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, in an amount not to exceed $30,000 for a three- year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to execute an agreement with Susan Saxe-Clifford, Ph.D. for law enforcement psychological services, in an amount not to exceed $12,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department utilizes contract psychologists to provide pre- employment screenings, employee support and counseling, critical incident counseling, training, and SWAT consultation. The Department currently has agreements with The Counseling Team International (TCTI), Eric Gruver, Ph.D. and Susan Saxe-Clifford, Ph.D. for the provision of these services. All of these agreements expire on September 30, 2022. On July 12, 2022, the Police Department issued Request for Proposals (RFP) No. 22-081 for Psychological Evaluation and Counseling Services. The City received proposals from Law Enforcement Psychological Services Agreements October 4, 2022 Page 2 2 9 7 6 seven firms. An evaluation committee reviewed and rated the proposals for the following criteria: •Responsiveness to RFP (15%) •Experience of Firm Personnel (50%) •Cost of Proposal (25%) •References (10%) The results of the RFP evaluation are as follows: Proposer Location Score The Counseling Team International San Bernardino, CA 473 Eric Gruver, Ph.D.Santa Ana, CA 457 Susan Saxe-Clifford, Ph.D.Encino, CA 440 Psychological Consulting Associates, Inc. Los Angeles, CA 406 Tele Help Wilmington, DE 158 True Care Tampa, FL 85 Casa de la Familia Santa Ana, CA 75 500 Points Possible TCTI, Dr. Gruver, and Dr. Saxe-Clifford presented the most responsive and cost effective proposals. TCTI will provide approximately sixty-five percent of the requested services in the form of pre-employment screenings, employee support and counseling, critical incident counseling, training, and SWAT consultation to the Santa Ana Police Department. The three-year agreement will cover the period of October 4, 2022 through September 30, 2025 with an option for two, one-year extensions. Services provided during the first four days of October are included in the agreement. The total actual payments to TCTI will be based on actual usage of services and will not exceed $78,000. TCTI does not provide court testimony or fitness for duty evaluations. Dr. Gruver will provide approximately twenty-five percent of the requested services and Dr. Saxe-Clifford will provide approximately ten percent in the form of pre-employment screenings, court testimony, and fitness for duty evaluations. Both consultants have provided satisfactory psychological services to the Santa Ana Police Department for several years. Each three-year agreement will cover the period of October 4, 2022 through September 30, 2022 with an option for two, one-year extensions. Services provided during the first four days of October are included in the agreement. The total actual payments to Dr. Gruver and Dr. Saxe-Clifford will be based on actual usage of services and will not exceed $30,000 and $12,000, respectively. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Law Enforcement Psychological Services Agreements October 4, 2022 Page 3 2 9 7 6 FISCAL IMPACT Funds for these agreements are available and will be budgeted in future fiscal years for expenditure as follows: Fiscal Year Accounting Unit – Account No.Fund Description Accounting Unit, Account Description Amount FY 22-23 (Oct.-June)01114402-62300 General Fund Human Resources, Contract Services $ 30,000 FY 23-24 (July-June)01114402-62300 General Fund Human Resources, Contract Services $ 40,000 FY 24-25 (July-June)01114402-62300 General Fund Human Resources, Contract Services $ 40,000 FY 24-25 (July-Sept.)01114402-62300 General Fund Human Resources, Contract Services $ 10,000 Total $120,000 EXHIBIT(S) 1. Agreement with The Counseling Team International 2. Agreement with Dr. Eric Gruver 3. Agreement with Dr. Susan Saxe-Clifford Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES FOR THE CITY OF SANTA ANA POLICFi, DEPARTMENT THIS AGREEMENT is made and entered into this 4th day of October, 2022 by and between Nancy K. Bohl, Inc., a California corporation dba The Counseling Team International, ("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 California ("City"). RECIT ALS A.On July 12, 2022, the City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant having special skill and laiowledge 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 it is able and willing to provide the services described in the scope of work that was included in the RFP and attached as Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. C.In undertaking the performance of tis 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 and 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 $78,000. 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 wich may reasonably be expected by City. Exhibit 1 3.TERM This Agreement shall commence on October 4, 2022, and continue through September 30, 2025, with the option the City to grant up to two (2) one (l) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 13, below. City shall recognize any services provided since October 1, 2022. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term 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 tbis 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. 5.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. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with StahitoryLimits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides writtetx verification they have no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant'sprofession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or igher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of Page 2 of 9 the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provrsrons: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the fomi of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20101185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; a34 CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it. Notice of Catxcellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the tnsurer. Self-Insured Retentiotxs Self-insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: Page 3 of 9 1. The Retroactive Date must be shown and must be before the date of the contract or the begiru'iing of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work begiru'iing shall not waive the Consultant's obligation to provide them.The City reserves the rightto require complete, certified copies of all required insurancepolicies,including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 6.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) 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 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial 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 the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold 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 of this 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 to Civil Code Section 2782.8, the above indemnity Page 4 of 9 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. 7.RECORDS Consultant shall keep records and invoices in connection with the work to be perfoimed 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. 8.CONFIDENTIALITY 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 tis Agreement, and fiarther 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 tbis 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 infortnation 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. 10.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, tern'iination or other employment related activities or any services provided under this Page 5 of 9 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11.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 oftbisAgreementshallprevail. TisAgreementmaynotbemodifiedexceptbywritteninstrument 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. 12.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 persoru'iel 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. hi 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 law, 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, right or remedy, whether or not Page 6 of 9 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 California. 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 for the 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.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 (M-30) p.o. Box 1988 Santa Aria, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police Santa Aria Police Department 20 Civic Center Plaza (M-97) p.o. Box 1981 Santa Ana, California 92702 Fax: 714-245-8090 Page 7 of 9 To Consultant: Nancy K. Bohl, Inc. dba The Counseling Team International 1881 Business Center Drive Suite 11 San Bemardino, CA 92408 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 States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, 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. 18.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 attorney'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.TlieAgreement is tlie final and complete agreement and any prior or contemporaneous agreements for similar services between tl'ie parties is superseded by this Agreement. This shall not apply where tlie Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above w'ritten. ATTEST:CITY OF SANTA ANA Clerk of the Council APPROVED AS TO FORM: SONIA R. CARV ALHO City Attomey Tamara Bogosian Senior Assistant City Attonney RECOMMENDED FOR APPROV AL: Kristine Ridge City Manager CONS[n,TANT: DAVID VALENTIN Chief of Police Page 9 of 9 EXHIBIT A SCOPE OF SERVICES Q,6"a,,):ai1 CITY OF SANTA ANA EXHIBIT 1 SCOPE OF SERVICES 1. SCOPE OF SERVICES 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 may be sent in a pdf document via e-mail. RFP No. 22-081 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 May 6, 2019. 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 Psychological Evaluation and Counseling Services Page 18 of 36 CITY OF SANTA ANA 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 thir§ (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 later than 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 written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 19 of 36 @,ja,CITY OF SANTA ANA 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 is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment. Consultant shall: 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 2. 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 or designate prior to conducting crisis intervention counseling. E. Crisis 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 RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36 CITY OF SANTA ANA 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 formal 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. 2. ASSiSt in interpreting intelligence data in reference to criminal incidents and/or suspect. 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 intervention/prevention training. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 21 of 36 EXHIBIT B COMPENSATION (RATES) Exhibit B Cost Proposal TCTI understands proposals are valid for a minimum of one hundred eighty (180) days following proposal deadline. TCTI understands the cost for developing the Proposal is the sole responsibility of TCTI. TCTI understands all property of the City. upon the initial and subsequent anniversary dates of the Contract the fees shall increase by 5% for all services outlined in the contract. TCTI shall provide the Following services: A. Follow-up/In-house Sessions - for employees involved in Critical Incidents at the rate of $150.00 per hour, B. Supervisor Referrals/Consultations - provide consultations with supervisors regarding problem employees at the rate of $150.00 per hour. C. Orientation - conduct an initial orientation for management concerning critical incident intervention and support services available at No charge. D. Promotional Materials - provide a electronic file for all literature for management, employees and their eligible dependents, i.e., brochures, flyers, supeivisors handbooks, reference cards, etc... No Charge E. ProvideAnnualConfidentialCounselingSessions(Check-lns)forPublicSafetyemployeestoassurethe employee is addressing the importance of their emotional and mental welfare at the rate of $150.00 per hour, F. Critical Incident Intervention - provide Stand-By-Status (SBS) 24/7/365 on-call Critical Incident Stress Management Services at the rate of $275,00 per hour port-to-port. G. Hostage Negotiation Assistance - provide Stand-By-Status (SBS) 24/7/365 Hostage Negotiation Assistance atthe rate of$275.00 per hour port-to-port. H. Pre-Employment Psychological Testing (non-sworn) - provide testing for pre-hire Non-Sworn Police applicants. This service will be billed at a rate of $350,00 per applicant. 1. Pre-Employment Psychological Testing (sworn) - provide testing for pre-hire Sworn Police applicants. This testing includes the COPS-R Test. This service will be billed at a rate of $375.00 per applicant, TRAINING: Training - provide a wide variety of training classes.$175.00 per hour + $65,00 per hour for travel 24 participant minimum if hosting a training, The training can be opened to outside agencies 3-Day Basic Peer Support: (POST Plan Ill) $299,00 per student 20 2-Day Basic Critical Incident Stress Management (CISM) (ICISF Certified & POST Plan IV) $199,00 per student 2-Day Advanced Peer Support (ICISF Certified & POST Plan IV) $199.00 per student Peer Support Consultation:$150.00 per hour Peer Support Meeting (Quarterly):$175.00 per hour + $65.00 per hour for travel Peer Support Candidate Interviews:$175,00 per hour + $65,00 per hour for travel Meditation Course: This is a 6 week online self-paced course that teaches the how, the why, the when, and the benefits of meditation at the rate of $50.00 per person. Retire Well Course: This course is for First Responders who have retired in the last 5 years or are planning to retire within 5 years. This course will provide tools to rediscover their identity, purpose, security, and acceptance upon retirement as well as improve quality of life and adaption, making the unknown known at the rate of $750.00 per person, Retreats: Reflection and Restoration (Peer Support Retreat): The R&R Retreat combines insight, education, and a fluid systemic approach designed to debrief, and to bring relief, peace, and purpose back into daily living. The goal is to guide you on to a path of self-care and realistic goals that will improve your life, your job, and your family. At the rate or $2,000.00 per attendee. (2 Y! Day Retreat) The Janus Project (Trauma Retreat): The Janus Project is designed to help those who have experienced traumatic events and/or have been affected by personal difficulties during their career through workshops, therapy, and experiential activities. The experience will address sensory overload, fear, shock, nightmare, anger, disbelief, sleep problems, frustration and other unresolved issues. At the rate of $5,500,00 per attendee. (5 '/ Day Retreat) Sage Retreat: The Sage retreat explores the cost and rewards of being the spouse/partner of a Frist Responder. This journey will help participants navigate the pride, confusion, fear, frustration, exhaustion, and lack of acknowledgment so often experienced for partners and spouses. The focus is to help guide participants on a path of self-care and realistic goals that will improve their life, marriage, and family by improving resiliency, conflict resolution skills, and personal restoration. At the rate of $3,500.00 per attendee. (3 % Day Fletreat) Behavioral Care System Development: Project based or hourly consulting at the rate of $400,00 per hour TCTI will assessi present best practices, and partner with Santa Ana PD and/or Fire and/or DPEC to create, implement, provide, and monitor a comprehensive Behavioral Care System to effectively support personnel with their personal and departmental behavioral health and wellness needs. We will do this by establishing clear goals and a comprehensive solution based on the department's needs and aid with assessing, building, and implementing a Behavioral Care Assistance system, which may include the following: * Comprehensive assessment of current systems, protocols, algorithms, vendors, etc. 21 * Solutions and recommendations to adapt or overhaul system to ensure: * Usefulness and ease of use for all, * Confidentiality, * Speed and efficiency, * Absence from and Return to work protocols * Outcome measures * Implementation alongside appropriate departments/personnel/stakeholders * Ongoing monitoring to ensure success, including periodic evaluations and adjustments as needed. 22 AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES FOR THE CITY OF SANTA ANA POLICE DEPARTMENT THIS AGREEMENT is i'nade and entered into tliis 4tli day of October, 2022 by and between Eric Gruver, Ph.D., ("Coi'isultant"), and tlie City of Santa Ana, a cliarter city and municipal corporation organized and existing under the Constitution and laws of tlie State of California ("City"). RECIT ALS A.On July 12, 2022, the City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant liaving special skill and knowledge in tlie field of providing psychological evaluation and counseling services for tlie City's Police Departinent. B.Tl'ie City received numerous responses to tlie RFP. Consultant is one of tl'ie tl'iree paities selected by the City. Consultant represents that lie is able and willing to provide the services described in the scope of work that was included in the RFP and attacl'ied as Exhibit A. Consultant's proposal is incorporated by reference as though fully set fortli lierein. C.In undertaking tlie perfori'nance of tl'iis Agreement, Consultant represents that he is knowledgeable in its field and tl"iat any services performed by Consultant cinder this Agreement will be perforined in coi'npliance with such standards as may reasonably be expected from a professional consulting firin in tlie field. NOW THEREFORE, in consideration of tlie mutual and respective promises, and subject to the teri'ns and conditions liereinafter set foith, tlie parties agree as follows: 1.SCOPE OF SERVICES Consultant sliall perform during tlie terin of this Agreement, tlie tasks and obligations including all labor, inaterials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation services described and set foitli in Exhibit A, attacl"ied l'iereto and incorporated by reference. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, tlie rates and cliarges identified in Exhibit B. The total sum to be expended under tliis Agreeineiit sliall not exceed $30,000. b. Payment by City sliall be made witliin 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payineiit need not be made for work which fails to meet the standards of performance set foitli in the Recitals which may reasonably be expected by City. Exhibit 2 3.TERM Tl'iis Agreement shall commence on October 4, 2022, and continue througli September 30, 2025, witli tlie option t)'ie City to grant up to two (2) one (l) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 13, below. City sliall recognize any services provided since October 1, 2022. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of t)iis Agreement, be construed to be an independent contractor and not an employee of the City. Tl'iis Agreement is not intended nor shall it be construed to create an employer-ei'nployee relationsliip, a joint venture relationsliip, or to allow tlie City to exercise discretion or control over the professional manner in wliic)i Consultant performs tlie services which are the subject matter of this Agreement; however, tlie 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, uneinployment insurance and similar taxes relating to employees and sliall be responsible for all applicable with)iolding taxes. 5.INSURANCE Prior to undertaking performai'ice of work under this Agreement, Consultant sliall maintain and sliall require its subcomractors, if any, to obtain and maintain insurance as described below. Coverage sliall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Forin CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury witli liinits no less tlian $1,000,000 per occurrence. If a general aggregate limit applies, either t)ie general aggregatelimit sliall apply separately to this project/location (ISO CG 25 03 or 25 04) or tlie generalaggregate limit shall be twice tlie required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), witlilimit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, witl'i StatutoryLimits, and Employer's Liability Insurance with limit of no less tlian $1,000,000 per accident for bodily injury or disease. (Not reqyiirecl if consultarit prosiides written verificatiozz they liave /20 employees) 4. Professional Liability (Errors and Oi'niSsions) Insurance appropriates to the Consultant'sprofession, with limit no less t)'ian $2,000,000 per occurrence or claim, $2,000,000 aggregate. If tlie Consciltant i'naintains broader coverage and/or higher limits than tlie minirmims sliown above, tlie City requires and shall be entitled to the broader coverage and/or the liigher limits n'iaintained by tlie contractor. Any available insurance proceeds in excess of Page 2 of 9 tlie specified miniinum limits of insurance and coverage shall be available to tlie City. Other Insurance Provisions Tlie insurance policies are to contain, or be endorsed to contain, tlie following proyisions: Additiomd Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on tlie CGL policy with respect to liability arising ohit of work or operations perforined by or on behalf of tlie Consultant including materials, parts, or equipinent furnislied in connectionwith sucli work or operations. General liability coverage can be provided in the form of an endorsement to tlie Consultant's insurance (at least as broad as ISO Form CG 2010 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; CG 20 37 forms if later revisions used). Primaiy Coverage For ai'iy claims related to tliis coi'itract, t]ie Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects tlie City, its officers, officials, einployees, and volunteers. Any insurance or self-insurance i'naintaii'ied by tlie City, its officers, officials, ei'nployees, or volcinteers shall be excess of the Consultant's insuranceand shall not contribute witli it. Notice of Catxcellation Eacli inscirance policy required above sliall state tliat coverage shall not be canceled, except with notice to the City. Waiver qf Subrogation Consultant liereby grants to City a waiyer of any riglit to subrogation wliicli any insurer of said Consultant may acquire against tlie City by virtue of the payment of any loss under SLICII insurance. Consultant agrees to obtain any endorsement tl'iat may be necessary to affect this waiverof subrogation, but tliis provision applies regardless of wlietlier or not the City lias received a waiver of subrogation endorsement from the lnSklrer. Self-Insured Retentions Self-insured retentions must be declared to and approved by tlie City. Tlie City i'nay require tlieConsultant to pcirchase coverage witli a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses witliin tlie retention. The policy langciage shall proyide, or be endorsed to provide, tliat tlie self-insured retention may be satisfied by either the named inscired or City. Acceptability of Itxsurers Insurance is to be placed witli insurers authorized to conduct business in t)ie state witl'i a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to tlie City. Claims Made Policies If any of tlie required policies provide coverage on a claiins-inade basis: Page 3 of 9 1. Tlie Retroactive Date i'nust be shown and must be before the date of tlie contract or tlie beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years afler completion of the cotxtract of work. 3. If coverage is canceled or non-renewed, and not replaced witli anotlier claims- made policy form with a Retroactive Date prior to the contract effective date, tlie Consultant must purcliase "extended reporting" coverage for a i'nininuun of five (5) years after completion of contract work. Verificatiozx of Coverage Consultant sliall fumish tlie City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of tlie Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to tlie work begii'ining sliall not waive tlie Consultant's obligation to provide them.Tlie City reserves the riglit to require coi'nplete, certified copies of all required insurance policies,including endorsements required by tliese specifications, at aiy time. Subcontractors Consultant shall require and verify tliat all subcontractors maintain insurance meeting all tlie requirements stated lierein, and Contractor shall ensure tliat City is an additional insured on insurance required from subcontractors. Specicd Risks or Circumstances City reserves tlie right to n'iodify these requirements, including liinits, based on tlie nature of tlierisk, prior experience, insurer, coverage, or other special circumstances. 6.INDEMNIFICATION Consultant agrees to defend, and sliall indemnify and liold liarmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) for personal injury, damages, just coi'npensation, restitution, judicial or equitable relief arising out of claims for personal injury, including deatli, and claims for property damage, whicl'i may arise froin tlie negligent operations of tlie Consultai'it, its subcontractors, agents, einployees, or otlier persons acting oi'i its belialf wliicli relates to tlie services described in section l of tliis Agreemei'it; and (2) from any claim t)iat personal injury, dainages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from tliis Agreement. T)iis indemnity and liold liarinless agreement applies to all claims for damages, just compensation, restitutioi'i, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in tliis Section or by reason of tlie terms of, or effects, arising from this Agreement. Tlie Consultant fuitlier agrees to indemnify, hold liari'nless, and pay all costs for tlie defense of tlie City, including fees and costs for special corinsel to be selected by the City, regarding any action by a tliird party cliallenging tlie validity of tliis Agreement, or asseiting that personal injury, damages, just coinpensation, restitution, judicial or equitable relief due to personal or propeity rig!its arises by reason of tlie terins of, or effects arising from this Agreement. City i'nay make all reasonable decisions witli respect to its representation in any legal proceeding. Notwithstanding tl'ie foregoing, to tlie extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity Page 4 of 9 shall be limited, to tlie extent required by Civil Code Section 2782.8, to claims tliat arise out of, pertain to, or relate to t)ie negligence, recklessness, or willful misconduct of the Consultant. 7.RECORDS Consultant shall keep records and invoices in connection with tlie work to be performed under this Agreement. Consultant sliall i'naintain complete and accurate records witli respect to t)ie costs incurred under tliis Agreement and any services, expenditures, and disbursements cliarged to t)ie City for a minimum period of three (3) years, or for any longer period reqciired by law, from the date of final payinent to Consultant under tliis Agreement. All SLICII records and invoices sliall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of sucli records and any other documents created pursuant to tl'iis Agreement during regular business hours. Consultant shall allow ii'ispection of all work, data, documents, proceedings, and activities related to this Agreei'nent for a period of tliree (3) years from tlie date of final payment to Consultant under this Agreement. 8.CONFIDENTIALITY If Consultant receives froin tlie City information wliich due to tlie nature of such information is reasonably understood to be confidential ai'id/or proprietary, Consciltant agrees that it sliall not use or disclose such information except in tlie perfori'nance of tliis Agreeinent, and further agrees to exercise the sai'ne degree of care it uses to protect its own information of like importance, but in no event less tlian reasonable care. "Coi'ifidential Information" sliall include all nonpublic inforination. Confidential information includes not only written infomiatioi'i, but also information transferred orally, visually, electronically, or by otlier means. Confidential infomqation disclosed to eitlier party by any subsidiary and/or agent of tlie otlier party is covered by tliis Agreeinent. Tlie foregoing obligations of non-use and nondisclosure shall not apply to any information tliat (a) lias been disclosed in publicly available sources; (b) is, tlirougli no fauit of the Consultant disclosed in a publicly available source; (c) is in rightful possession of tlie Coi'isultant witliout an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by tlie Consultant without reference to information disclosed by tlie City. 9.CONFLICT OF INTEREST CLAUSE Consultant covenants tliat it presently lias no interests and shall not liave interests, direct or indirect, w)iicl'i wocild conflict in any manner with performance of services specified cinder tliis Agreeinent. 10.NON-DISCRIMINATION Consultant sliall not discriminate because of race, color, creed, religion, sex, inarital status, sexual orientation, gender identity, gender expression, gender, i'nedical conditions, genetic infori'nation, or inilitary and veteran status, age, national origin, ancestry, or disability, as defined and proliibited by applicable law, in tlie recruiti'nent, selection, teacliing, training, utilization, promotion, terinination or otlier employment related activities or any services provided under this Page 5 of 9 Agreement. Consciltant affirms that it is an equal oppoitunity ei'nployer and shall con'iply witli all applicable federal, state and local laws and regulations. 11.EXCLUSIVITY AND AMENDMENT Tliis Agreement represents tlie complete and exclusive statement between tlie City and Coi'isultant, and supersedes any and all other agreements, oral or written, between tlie paities. In the event of a conflict between tl'ie teri'ns of t)iis Agreement and any attacl'iments hereto, tlie terms oft)iisAgreei'nentsliallprevail. Tl'iisAgreeinentmaynotbeinodifiedexceptbywritteninstnu'nent signed by tlie City and by an authorized representative of Consultant. The parties agree tliat any terms or conditions of any purchase order or other instrument tliat are inconsistent wit)i, or in addition to, the teri'ns and conditions hereof, shall not bind or obligate Consultant or tlie City. Each paity to tliis Agreeinent acknowledges tliat no representatioiis, induceinents, promises or agreements, orally or otherwise, have been made by any paity, or anyone acting on belialf of any party, wl'iicl'i is not embodied herein. 12.ASSIGNMENT Inasmucli as tliis Agreeinent is intended to secure tl'ie specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest lierein withobit tlie prior written consent of tlie City and any suc)i assignment, transfer, delegation or subcontract withorit t)ie City's prior written consent shall be considered null and void. Nothing in tliis Agreement shall be construed to limit the City's ability to liave any of tlie services w]iicli are tlie subject to this Agreeineiit perforined by City personnel or by other consultants retained by City. 13.TERMINATION Tliis Agreement may be terminated by the City upon thirty (30) days written notice of teri'nination. In sucli event, Consultant sliall be entitled to receive and the City sliall pay Consultant compensation for all services perfori'ned by Consultant prior to receipt of sucli notice of termii'iation, subject to the following conditions: a.As a condition of such payment, the Executive Director may reqriire Consultant to deliver to the City all work product(s) coinpleted as of such date, and in such case SLICII work product shall be tlie propeity of tlie City unless proliibited by law, and Consultant consents to tlie City's use tliereof for such purposes as tlie City deems appropriate. b.Payment need not be made for work wliicli fails to meet tlie standard of performance specified in the Recitals of this Agreement. 14.WAIVER No waiver of breacli, failure of any condition, or any right or remedy contained in or granted by tlie provisions of tliis Agreement sliall be effective unless it is in writing and signed by the party waiving t)ie breaclt, failure, riglit or reinedy. No waiver of any breach, failure or riglit, or remedy sliall be deemed a waiver of any otlier breach, failure, riglit or remedy, wlietlier or not Page 6 of 9 sin'iilar, nor sl'iall any waiver constitute a continuing waiver unless t)ie writing so specifies. 15.JURISDICTION - VENUE Tl'iis Agreement has been executed and delivered in the State of California and tlie validity, interpretation, performance, and enforcement of any of tlie clauses of this Agreement sliall be determined and governed by the laws of the State of California. Botli parties furtlier agree that Orange County, California, shall be tlie venue for any action or proceeding tliat may be brought or arise out of, in connection with or by reason of this Agreei'nent. 16.PROFESSIONAL LICENSES Consultant sliall, throughout the teri'n of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exei'nptions necessary for the provision of the services hereunder and required by tlie laws and regulations of tlie United States, the State of California, the City of Santa Ana and all otlier governmental agencies. Consultant sliall notify tlie City iini'nediately and in writing of its inability to obtain or maintain sucli permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for teri'nination of tliis Agreement. 17.NOTICE Any notice, tender, demai'id, delivery, or other communication prirsuant to tliis Agreement shall be in writing aiid 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 comrminication in tlie manner provided in this Section, to the following persons: To City: Clerk of tlie City Council City of Santa Ana 20 Civic Center Plaza (M-30) p.o. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Witli courtesy copies to: Cliief of Police Santa Ana Police Department 20 Civic Center Plaza (M-97) P.0. Box 1981 Santa Ana, California 92702 Fax: 714-245-8090 Page 7 of 9 To Consultant: Eric Gruver, Pli.D. 2021 E. 4"1 Street Suite 116 Santa Ana, CA 92705 A paity may cl'iange its address by giving notice in writing to tlie other party. Thereafter, any cominunication sliall be addressed and transmitted to tlie new address. If sent by mail, commcinication sliall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set fortli above. If sent by fax, communication shall be effective or deei'ned to have been given twenty-four (24) liours after tlie time set forth on the transmission report issued by the transinitting facsiinile machine, addressed as set fortli above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 18.MISCELLANEOUS PROVISIONS a.Eacli undersigned represents and warrants tt'iat its signature herein below lias the power, autliority and rigl'it to bind tlieir respective parties to eacli of tlie teri'ns of tl'iis Agreei'nent, and sliall indei'nnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in tlie event tl'iat sucli authority or power is not, in fact, held by the signatory or is witlidrawn. b.TlieAgreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by tliis Agreement. Tl'iis sliall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C.All Exliibits referenced lierein and attached liereto sliall be incorporated as if fully set foitli in the body of tliis Agreement. [signature page to follow] Page 8 of 9 IN WITNESS WHl'REOF, the.parties hercto have cxecutcd this Agreement the date and year i'irst above written. ATTEST:CITY OF !!5ANTA ANA Clerk of tlie Council APPROVED AS TO FORM: SONr A R. CARV ALT-TO City 4ttomey Tamara Bogosian Senior Assistant City Attorney 'RECOMMENDED FO'R APPROV AL: Kristinc Ridge City Manager CONSUL NT: Eric (iruvcr, Ph,D, ?ir>v DAVrD V ALEN'rfN Chief of Police Page 9 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES I. SCOPE OF SERVICES The City of Santa Ana is seeking a professional and experienced company to pre-employment psychoiogical 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 or 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 may be sent in a pdf document via e-mail. RFP No. 22-081 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 May 6, 2019. 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 Psychological Eva(uation and Counseling Services Page 18 of 36 CITY OF SANTA ANA 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 later than 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 written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 19 of 36 CITY OF SANTA ANA C. Review of Fitness for Duty Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an empioyee's psychoiogical fitness for duty, when so directed by the City. Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment. Consultant shall: 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. 2. 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 or designate prior to conducting crisis intervention counseling. E. Crisis 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 RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36 CITY OF SANTA ANA 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 formal 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. 2. ASSiSt in interpreting intelligence data in reference to criminal incidents and/or suspect. 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 intervention/prevention training. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 21 of 36 EXHIBIT B COMPENSATION (RATES) ExhibitB Costs Vl. Cost Proposal Total Cost Not to Exceed $96,000 over a 3-year period q A. "'-Pre-er?ployment psychologi6j!""6<raluations "-- ----""'-" 'T-. "' Complete Post-Trau;natic Psychological Incident Evaluation -C. Review--srorDuty iiiiii , """Th450 per applicant $175per h-our """!§"j"7'g""'per hour "-""" D. Crisis Intervention Counseling "'-E. Critical Incident Stress Management-"'-""'' $175 per hour ' $175 per hour F. Consultation Services ": $175 per hour ,""'<3. 'Psychological Training Aervices ' - -$1 75-p-;i 6our H. jestimony in court and -court preparation """'-$250 per hour AGREEMENT TO PROVIDE PSYCHOLOGICAL EV ALUATION SERVICES FOR THE CITY OF SANTA ANA POLICE DEPARTMENT THIS AGRF,EMENT is made and entered into this 4th day of October, 2022 by and between Susan Saxe-Clifford, Pl].D., ("Consultant"), and tlie City of Sai'ita Ana, a charter city and inunicipal corporation organized and existing under tlie Constitution and laws of the State of California ((( (2 la t y) ) ) RECIT ALS A.011 July 12, 2022, tlie City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant liaving special skill and knowledge in tlie field of providing psychological evaluation and couiseling services for tlie City's Police Department. B.Tlie City received numerous responses to the RFP. Consultant is one of tlie three parties selected by tlie City. Consultant represents that slie is able and willing to provide the services described in the scope of work that was included in the RFP and attaclied as Exhibit A. Consultant's proposal is incorporated by reference as thougli fully set foith lierein. C.In undertaking tlie performance of tliis Agreement, Consultant represents tliat slie is knowledgeable in its field and that any services performed by Consultant under this Agreemeiit will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in tlie field. NOW THEREFORE, in coiisideration of tlie mutual and respective promises, and subject to tlie terms and conditions hereinafter set foitli, tl'ie paities agree as follows: 1.SCOPE OF SERVICES Consultai'it sliall perform during the term of this Agreement, tlie tasks and obligations including all labor, materials, tools, eqriipment, and incidental customary work required to fully and adequately coi'nplete tlie psychological evaluation services described and set foith in Exhibit A, attaclied liereto and incorporated by reference. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, tlie rates and cliarges identified in Exhibit B. The total sum to be expended under tliis Agreement sliall not exceed $12,000. b. Payinent by City sliall be made within 45 days (forty-five) days following receipt of proper iiwoice evidencing work perfori'ned, subject to City accountii'ig procedures. Payinent need not be inade for work wliich fails to meet tlie standards of performance set foitli in tlie Recitals wliicli may reasonably be expected by City. Exhibit 3 3.TERM Tliis Agreemei'it shall coi'ni'nence on October 4, 2022, and continue throhigli September 30, 2025, witli t)ie option the City to grant up to two (2) one (l) year renewals, exercisable by a writing by tl'ie City Manager ai'id the City Attomey, unless terminated earlier in accordance witli Section 13, below. City shall recognize any services provided since October 1, 2022. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. Tliis Agreement is not intended nor shall it be construed to create an employer-employee relationsliip, a joint venture relationsliip, or to allow tlie City to exercise discretion or control over the professional manner in w)iicli Consultant performs tlie services wliicli are tlie subject matter of this Agreement; however, tl'ie services to be provided by Consultant sliall be provided in a manner consistent with all applicable standards and regulations governing sucli services. Consultant shall pay all salaries and wages, ei'nployer's social security taxes, unemployment insurance and similar taxes relating to employees and sliall be responsible for all applicable withliolding taxes. 5.INSURANCE Prior to undertaking perforinance of work rinder tliis Agreemei'it, Consultant sliall i'iqaintain and sl'iall require its subcontractors, if any, to obtain and i'naintain insurance as described below. Coverage sliall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury ai'id personal & advertising injury witli liinits no less tlian $1,000,000 per occurrence. If a general aggregate liinit applies, eitlier tlie general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or tlie generalaggregate limit sliall be twice the required occurrence liinit. 2. Automobile Liability: Insurance Services Office Forin Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), witlilimit no less tlian $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by tlie State of California, witl'i StatutoryLiinits, and Employels Liability Insurance with limit of no less tlian $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification they have no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant'sprofession, with lii'nit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or liiglier limits tlian tl'ie minimums shown above, t)ie City requires and shall be entitled to the broader coverage and/or tlie l'iiglier limits i'naintained by tlie contractor. Any available insurance proceeds in excess of Page 2 of 9 tlie specified minimum limits of insurance and co'verage shall be ayailable to tlie City. Other Insurance Provisions Tlie ii'isurance policies are to contain, or be endorsed to contain, tlie following provrstons: Additiomil Irisured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on tlie CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith sucli work or operations. General liability coverage can be provided ii'i tlie fori'n of an endorsement to tlie Consultant's insurance (at least as broad as ISO Form CG 20101185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; CG 20 37 forms if later revisions used). Primary Coverage For any claims related to tliis coi'itract, tlie Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, einployees, or volunteers sliall be excess of tlie Consultant's insuranceand shall not contribute witli it. Notice qf Ctmcellation Eacli insurance policy reqhiired aboye shall state tliat coverage shall not be canceled, except with notice to the City. Waiver of Subrogatiozx Consultant hereby grants to City a waiver of any right to subrogation wliicli any insurer of said Consultant may acquire against the City by virtue of the payi'nent of any loss under SLICII insuraiice. Consultant agrees to obtain any endorsement tl'iat may be necessary to affect this waiverof subrogation, but tliis provision applies regardless of whetlier or not tlie City lias received a waiver of subrogation endorseinent from tlie IllSul"ell Self-Insured Reteritions Self-insured retentions must be declared to and approved by tlie City. The City may require tlieConsultant to purchase coverage witli a lower retention or provide proof of ability to pay losses and related investigations, claii'n administration, and defense expeiises within tlie retention. The policy language shall provide, or be endorsed to provide, tl'iat tlie self-insured retention inay be satisfied by either the i'iained insured or City. Acceptability of Irisurers Insurance is to be placed with insurers authorized to coi'iduct business ii'i tlie state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of tlie required policies provide coverage on a claims-made basis: Page 3 of 9 1. Tl'ie Retroacti've Date must be shown and must be before the date of tlie contract or tlie beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years afler completion of the contract of work. 3. If coverage is canceled or i'ion-renewed, and not replaced with another claims- made policy form with ci Retroactive Date prior to tlie contract effective date, tlie Consultant must purcliase "extended reporting" coverage for a mii'iiinum of five (5) years after completion of contract work. Verificcdion of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required ainendatory endorsemeiits (or copies of the applicable policy language effecting coverage reqriired by this clause) and a copy of the Declarations and Endorsei'nent Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain tlie required documents prior to tlie work beginning sliall not waive the Consultant's obligation to provide them.T]ie City reserves the riglit to require complete, certified copies of all required insurance policies,including endorsements required by tliese specifications, at any time. Subcontractors Consultant sliall require and verify that all subcontractors maintairz insurance meeting all t)ie requiremeiits stated )ierein, and Contractor sliall ensure that City is an additional insured on insurance reqyiired froin subcontractors. Special Risks or Circumstances City reserves tlie right to modify these requirements, ii'icluding limits, based on the nature of tlierisk, prior experience, insurer, coyerage, or other special circumstances. 6.INDEMNIFICATION Consultant agrees to defei'id, and sliall indemnify and liold harmless the City, its officers, agents, einployees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising ocit of claims for personal injciry, including deatli, and claims for property damage, which may arise from the negligent operations of tl'ie Consultant, its subcontractors, agents, employees, or otlier persons acting on its belialf wliich relates to tl'ie services described in section 1 of tliis Agreeinent; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of tlie terms of or effects arising from this Agreement. Tliis indeinnity and liold harmless agreement applies to all claii'ns for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in tliis Section or by reason of tlie terms of, or effects, arising from this Agreement. Tlie Consultant fuitlier agrees to indemnify, liold liarinless, and pay all costs for the defense of t)ie City, including fees and costs for special counsel to be selected by the City, regarding any action by a tliird party cliallenging t)ie validity of this Agreement, or asserting that personal injury, damages, just cotnpensation, restitutioi'r, judicial or equitable relief due to personal or property rights arises by reason of tl'ie terms of, or effects arising from this Agreement. City may make all reasonable decisions witli respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Ciyil Code Section 2782.8, the above indemnity Page 4 of 9 shall be limited, to tlie extent required by Civil Code Section 2782.8, to claims tliat arise out of, peitain to, or relate to tlie negligence, recklessness, or willful misconduct of t)ie Consultant. 7.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under tliis Agreement. Consultant sliall maintain complete and accurate records witl'i respect to the costs incurred under this Agreement and any services, expenditures, and disbursements cliarged to tlie City for a minimum period of three (3) years, or for any longer period required by law, froin tlie date of final payment to Consultant under this Agreement. All sucli records and invoices sliall be clearly identifiable. Consultant sliall allow a representative of tlie City to exai'nine, audit, and make transcripts or copies of sucli records and any other documents created pursuant to tliis Agreeinent 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 tlie date of 'final payi'nent to Consultant under this Agreement. 8.CONFIDENTIALITY If Consultant receives from tlie City information whicli due to tlie nature of sucli information is reasonably understood to be confidential and/or proprietary, Consultant agrees tliat it sl'iall not use or disclose such information except in tlie performance of this Agreement, and furtlier agrees to exercise tlie same degree of care it uses to protect its own information of like importance, but in no event less tlian reasonable care. "Confidential Inforn'iation" sliall include all nonpublic inforination. Confidential information includes i'iot only written inforination, bcit also inforination transferred orally, visually, electronically, or by otlier means. Coi'ifideiitial information disclosed to either paity by any subsidiary and/or agent of the other party is covered by tliis Agreei'nent. The foregoing obligations of non-use and nondisclosure shall not apply to any infori'nation tliat (a) lias been disclosed in publicly available sources; (b) is, throrigli no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of t)ie Consultant withocit an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by tlie Consultant witliohit reference to informatioi'i 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, wliic)i would conflict in any i'nanner witli perforinance of services specified under this Agreement. 10.NON-DISCRIMINATION Consultant sliall not discrin"iinate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruiti'nent, selection, teaching, training, utilization, promotion, terinination or other employment related activities or any services provided under t)iis Page 5 of 9 Agreement. Consultant affirms that it is an equal opportunity employer and shall coinply witli all applicable federal, state and local laws and regulations. 11,EXCLUSIVITY AND AMENDMENT Tl'iis Agreeinent represents tlie complete and exclusive statement between tlie City and Consultant, and supersedes any and all other agreements, oral or written, between tlie parties. In the event of a conflict between the terms of this Agreemei'it and any attachments hereto, the teri'ns of this Agreement sl'iall prevail. This Agreement may not be modified except by written ii'istrument signed by tlie City and by an authorized representative of Consultant. The paities agree tliat any terms or conditions of any purchase order or other instrument tliat are inconsistent wit)i, or in addition to, t)ie terms and conditions liereof, shall not bind or obligate Consultant or tlie City. Each party to t)'iis Agreeinent acknowledges tliat no representations, inducements, promises or agreements, orally or otlierwise, have been made by any party, or anyone acting on belialf of any party, wliich is not embodied herein. 12.ASSIGNMENT Inasrmicli as this Agreement is intended to secure tlie specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein witliobit tlie prior written consent of tlie City and any sucli assigninent, transfer, delegatioi'i or subcontract without tl'ie City's prior written consent shall be coi'isidered null and void. Notliing in t)iis Agreement shall be construed to limit the City's ability to liave any of tl'ie services whicli are t)'ie subject to this Agreement performed by City personnel or by otl'ier consultants retained by City. 13.TERMINATION Tliis Agreement may be terininated by the City upon thiity (30) days written notice of terininatioi'i. In sucli event, Consultant shall be entitled to receive aiid the City shall pay Consultant compensation for al! services performed by Consultant prior to receipt of such notice of termination, subject to tlie following conditions: a.As a condition of sucli 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 sucli work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as tlie City deeins appropriate. b.Payment need not be made for work wliich fails to meet tlie standard of perforinance specified in tlie Recitals of t)iis Agreement. 14.WAIVER No waiver of breacli, failure of ai'iy condition, or any right or remedy contained in or graiqted by the provisioi'is of tliis Agreement sliall 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 sliall be deemed a waiver of any otlier breach, failure, right or remedy, wlietlier or not Page 6 of 9 similar, nor sliall any waiver constitute a continuing waiver unless the writing so specifies. 15,JURISDICTION - VENUE Tliis Agreen'ient lias been executed and delivered in the State of California and tlie validity, interpretation, performance, and enforcement of any of tlie clauses of this Agreement shall be deterinined and governed by the laws of tlie State of California. Botli paities furt)ier agree tliat Orange County, California, shall be t)ie 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 s)iall, throughout tlie term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for tlie provision of the services liereunder and required by the laws and regulations of the United States, the State of California, tlie City of Santa Ana and all otl'ier governmental agencies. Consultant sliall notify tlie City imn'iediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability sliall be cause for termination of this Agreement. 17.NOTICE Any notice, tender, demand, delivery, or otl'ier communication pursuant to tliis Agreement sl'iall be in writing and sliall be deei'ned to be properly giveii if delivered in person or mailed by first class or certified inail, postage prepaid, or sent by fax or other telegraphic comi'nunication in tlie i'iianner provided in tliis Section, to the following persons: To City: Clerk of tlie City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.0. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Witl"i courtesy copies to: Cliief of Police Santa Ana Police Department 20 Civic Center Plaza (M-97) p.o. Box 1981 Santa Ana, California 92702 Fax: 714-245-8090 Page 7 of 9 To Consultant: Susan Saxe-Clifford, Pl].D. 16350 Ventura Blvd. Suite 603 Encino, CA 91436 A paity i'nay cliange its address by giving notice in writing to the other party. Thereafter, any coi'ninunication sliall be addressed and traismitted to tlie new address. If sent by mail, coi'nrmu'iication sl'iall be effective or deemed to have been given three (3) days after it has been deposited in tlie United States i'nail, duly registered or certified, with postage prepaid, and addressed as set fortli above. If sent by fax, 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 liolidays shall be excluded. 18.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature lierein below has the power, authority and right to bind their respective parties to each of tlie terms of tliis Agreement, and shall indei'nnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event tliat sucli autliority or power is not, in fact, held by tlie signatory or is witlidrawn. b.TlieAgreement is tlie final and coinplete agreement and any prior or conteinporaneous agreements for sii'nilar services between the parties is superseded by this Agreei'nent. This shall not apply where tlie Paities are currently engaged ai'id Consultant is providing services not contemplated by this Agreement C.All Ex)iibits referenced lierein and attached hereto shall be incorporated as if fully set foitli in tlie body of tliis Agreement. [signature page to followJ Page 8 of 9 IN \iVITNESS WT-IE,REOF, the parties hereto }iave executed this Agreei'iqent the date and year firstabove written. ATTEST:CITY 01" SANTA ANA Clerk of tl'ie Coruicil APPROVED AS TO FORM: SONIA R. CARV ALHO City Attorney Tamara Bogostan Senior Assistant City Attorney RECOMMENDED FOR APPROV AL: Kristine Ridge City Manager CONSULT AN'l': DAV{D V ALENTIN Cliief of I)olice Page 9 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT 1 SCOPE OF SERVICES I. SCOPE OF SERVICES 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 may be sent in a pdf document via e-mail. RFP No. 22-081 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 May 6, 2019. 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 Psychological Evaluation and Counseling Services Page 18 of 36 CITY OF SANTA ANA 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 later than 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 written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 1 9 of 36 CI'TY OF SANTA ANA 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 is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment. Consultant shall: 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. 2. 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 or designate prior to conducting crisis intervention counseling. E. Crisis 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 RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36 CITY OF SANTA ANA 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 formal 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 Seivices 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. 2. ASSiSt in interpreting intelligence data in reference to criminal incidents and/or suspect. 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 intervention/prevention training. RFP No. 22-087 Psychological Evaluation and Counseling Services Page 21 of 36 EXHIBIT B COMPENSATION (RATES) Exhibit B 2. Cost Proposal Pre-Employment Psychological Evaluations $425.00 per applicant Complete Post-Traumatic Psychological Incident Evaluation $325.00 per hour Review of Fitness for Duty $375.00 per hour Crisis Intervention Counseling $325.00 per hour Critical )ncident Stress Management $325.00 per hour Consultation Services $325.00 per hour Psychological Training Services $325.00 per hour Testimony in court and court preparation $400.00 per hour