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HomeMy WebLinkAbout25B - AGMT - PSYCH SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENTS FOR LAW ENFORCEMENT PSYCHOLOGICAL SERVICES {STRATEGIC PLAN NO. 1, 3A} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _0.106 D ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances 1. Authorize the City Manager and Clerk of the Council to execute an agreement with The Counseling Team International for law enforcement psychological services, for a three -year period, commencing October 1, 2014, in an amount not to exceed $65,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, for a three -year period, commencing July 1, 2014, in an amount not to exceed $15,000, 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 interview counseling, training and SWAT consultation. On May 8, 2014, a Request for Proposal was issued through the City's Purchasing Division and four vendors were notified. On May 27, 2014, the City received one proposal from The Counseling Team International. The Counseling Team International (TCTI) has been providing psychological services for police departments throughout Southern California for many years. TCTI will provide pre - employment screenings, employee support and counseling, critical interview counseling, training and SWAT consultation to the Santa Ana Police Department. The three -year agreement will cover the period of October 1, 2014 through September 30, 2017. The total actual payments to TCTI will be based on actual usage of the services and will not exceed $65,000 for the three -year agreement term. TCTI does not provide court testimony or fitness for duty evaluations. Dr. Gruver will provide court testimony and fitness for duty evaluations. Dr. Gruver has provided psychological services to the Santa Ana Police Department for several years. The three -year agreement with Dr. Gruver will cover the period of July 1, 2014 through June 30, 2017. The total actual payments to Dr. Gruver will be based on actual usage of the services and will not exceed $15,000 for the three -year agreement term. 25B -1 Agreements for Law Enforcement Psychological Services October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). FISCAL IMPACT Funds are available in the Police Department's Human Resources contract services account (no. 01114402 - 62300). W4 �k Nzia, APPROVED AS TO FUNDS AND ACCOUNTS: Y� a � l Carlos Ro Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance & Mgt. Services Agencik 25B -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of October, 2014 by and between The Counseling Team International, (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing psychological evaluations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those psychological evaluation services as set forth in Exhibit A to this Agreement including pre - employment screening. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sun to be expended under this Agreement shall not exceed $65,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2017, unless terminated earlier in accordance with Section 12, below. 25B -3 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 this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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: a. Based on the nature of services provided commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25B -4 e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of 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. 7. 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 this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written infonmation, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant agrees to comply with all applicable laws regarding the confidentiality of medical and psychological records including but not limited to HIPPA. 25B -5 8. 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. 9. 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 facsimile 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.Q. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: and City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center Plaza (M -97) P.O. Box 1981 Santa Ana, California 92702 Facsimile (714) 245 -8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Nancy K, Bohl Incorporated dba The Counseling Team International 1881 Business Center Drive, Suite I 1 San Bernardino, CA 92408 Facsimile (909) 384 -0734 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 r prepaid, and addressed as set forth above. If sent by facsimile, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice to consultant. The City will pay all reasonable services incurred pursuant to the Agreement up to the date of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. E 25B -7 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, 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 goverrunental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council r CITY OF SANTA ANA DAVID CAVAZOS City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJAS Chief of Police CONSULTANT NANCY K. BOHL- PENROD, Ph.D. Tax ID# 25B -9 EXHIBIT A SCOPE OF SERVICES Complete Pre - employment Psychological Evaluation Consultant agrees to perform a complete pre - employment psychological evaluation for City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (P.O.S.T.) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by City's Police Department and agreed to by Consultant. a. For the purpose of this Agreement, 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 recommendations for employment. b. Consultant agrees to provide City's Police Department with verbal recommendation of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. c. Consultant agrees to provide 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. d. Consultant agrees to complete required continuing professional education (CPE) requirement of six (6) hours by August 30, 2014 and complete twelve (12) hours of POST approved CPE every two years beginning September 1, 2014 based on TCTI's biennial license renewal cycle. Complete Post - Traumatic Psychological Incident Evaluation Consultant agrees to give City's Police Department Employees involved in violent incidents, such as a life- threatening situation and /or serious injury or death to any person, complete post - traumatic psychological evaluation. a. A complete post- traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post - traumatic counseling. b. 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. C. 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 25B -10 and practical, be scheduled by Consultant at Consultant's Orange County office locations, unless otherwise agreed by involved officer(s). d, If Consultant deems immediate follow -up counseling sessions are not indicated, Consultant shall schedule one (1) follow -up session within a period of not less that 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. Such sessions shall, whenever possible and practical, be scheduled at Consultant's Orange County office locations unless otherwise agreed by involved officer(s). Following such sessions Consultant shall 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). e. Consultant shall provide City's Police Department with a verbal recommendation 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. f Consultant shall provide City's Police Department with a written psychological assessment 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. g. At the direction and with the consent of City's Police Department, Consultant shall provide similar post traumatic incident counseling services to 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 in doubt. Crisis Interview Counseling Consultant agrees to conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be gravely disabled as a result of psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification. a. Consultant agrees to 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, Vol 25B -11 Consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling. SWAT Consultation Consultant agrees to be on -call and to respond to SWAT call -outs as requested. a. Consultant will provide consulting with the SWAT commander regarding psychological profiles and recommended approach to specific suspects. b. Consultant will assist in interpreting intelligence data in reference to SWAT call -out and /or suspect. COMPENSATION In consideration for Consultant services, City shall pay Consultant an hourly rate as follows: I. For complete pre - employment psychological evaluation, City agrees to pay Consultant three hundred dollars ($300.00) per applicant. 2. For complete post - traumatic psychological incident review, and crisis intervention, City agrees to pay Consultant the hourly rate of one hundred seventy -five dollars ($175.00). 3. Initial consultation for post- trauma incidents will be billed at a rate of ninety -five dollars ($95.00) per hour. 4. For SWAT consultation and training, City agrees to pay Consultant the hourly rate of one hundred seventy -fifty dollars ($175.00). The total sum to be expended pursuant to this Agreement shall not exceed sixty -five thousand dollars ($65,000.00) during the term of this Agreement. 10 25B -12 25B -13 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of October, 2014 by and between Eric Gruver, Ph.D., (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing psychological evaluations. B. Consultant represents that Consultant is able and willing to provide such services to the city. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional psychologist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform psychological fit for duty analysis, court testimony, and limited pre- employment screening as those services are set forth in Exhibit A to this Agreement. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $15,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence July 1, 2014 and terminate on September 30, 2017, unless terminated earlier in accordance with Section 12, below. . 25B -14 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 mamrer in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Based on the nature of services provided commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25B -15 e, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of 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. 7. 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 this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant agrees to comply with all applicable laws regarding the confidentiality of medical and psychological records including but not limited to HIPPA. 25B -16 8. 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. 9. 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 facsimile or other telegraphic communication in the mammer 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 Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: and City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center Plaza (M -97) P.Q. Box 1981 Santa Ana, California 92702 Facsimile (714) 245 -8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Eric Gruver, Ph. D. 2021 E. 4"' Street, Suite 116 Santa Ana, CA 92705 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 facsimile, communication shall be 25B -17 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 10. 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 attachraents hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice. City shall pay all reasonable expenses provided for under the contract incurred up to the date of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 5 25B -18 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager 25B -19 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney n By: *"'VIu Laura Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT CARLOSROJAS Chief of Police ERIC GRUVER, Ph.D. Tax ID# 25B -20 EXHIBIT A SCOPE OF SERVICES Review of Fitness for Duty Consultant agrees to 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 City. a. For the purpose of this Agreement, a 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 recommendation for employment. b. Consultant agrees to 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. C. Consultant agrees to 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. Court Testimony Consultant agrees to provide testimony in court when so directed by the City. Consultant is to exercise his own independent judgment, professional training and expertise in evaluating matters and in testifying in Court. City does not direct the content of Consultant's expert medical opinions. Complete Pre - employment Psychological Evaluation Consultant agrees to perform a complete pre - employment psychological evaluation for City's Police Department applicants for the period July 1, 2014 through December 31, 2014. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (P.O.S.T.) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by City's Police Department and agreed to by Consultant. 25B -21 a. For the purpose of this Agreement, 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 recommendations for employment. b. Consultant agrees to provide City's Police Department with verbal recommendation of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. c. Consultant agrees to provide 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. COMPENSATION In consideration for Consultant services, City shall pay Consultant an hourly rate as follows, For complete fitness for duty review City agrees to pay Consultant the hourly rate of one hundred seventy -five dollars ($175.00). 2. For testimony in court and court preparation, City agrees to pay Consultant the hourly rate of two hundred dollars ($200.00). For complete pre- employment psychological evaluation, City agrees to pay Consultant four hundred twenty -five dollars ($425.00). The total sum to be expended pursuant to this Agreement shall not exceed Fifteen Thousand Dollars ($15,000.00) during the term of this Agreement. 25B -22