HomeMy WebLinkAboutC-9526-1 - On-Call PSA for Psychological EvaluationsON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH STUART M. SHAFFER DBA SHAFFER PSYCHOLOGICAL INSTITUTE FOR
PSYCHOLOGICAL EVALUATIONS
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 25th day of January, 2024 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and STUART M. SHAFFER, a sole proprietor doing business as ("DBA")
SHAFFER PSYCH INSTITUTE ("Consultant"), whose address is 753 West Basin Street,
San Pedro, CA 90731, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to Psychological Evaluation Services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Twenty Five Thousand Dollars and 00/100 ($25,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
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who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Stuart Shaffer to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Human Resources Department. City's
Human Resources Director or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
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the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to 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 City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seg., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Human Resources Director
Human Resources Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Stuart M. Shaffer
Stuart M. Shaffer DBA Shaffer Psych Institute
753 W. Basin Street
San Pedro, CA 90731
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: /T S/ Z `1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: f . ?> 0 , )-Lf
By::, By:
�1VWli(�
A on C. Harp Barbara J. Salvini
Cify Attorney �as/a4 Human Resources Director
ATTEST: `
Date:
0
tA� Z3WA`.. , . A / 'llj/IiI /
:rown
City Clerk
CONSULTANT: STUART M. SHAFFER,
a sole proprietor doing business as
("DBA") SHAFFER PSYCH INSTITUTE
Date:
Signed in Counterpart
By:
Stuart M. Shaffer
Sole Proprietor
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Stuart M. Shaffer DBA Shaffer Psych Institute Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:— I
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
�a)ron C. Harp Barbara J. Salvini
Cify Attorney Human Resources Director
ATTEST:
Date:
IA
Leilani I. Brown
City Clerk
CONSULTANT: STUART
a sole proprietor doing
("DBA") SHAFFER PSYCH
D
70P
Foie t-raprietor
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
M. SHAFFER,
business as
INSTITUTE
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EXHIBIT A
SCOPE OF SERVICES
Stuart M. Shaffer DBA Shaffer Psych Institute Page A-1
SCOPE OF SERVICES
Pre -Employment Psychological Evaluations
Consultant shall review background information provided by the City. Consultant shall
administer, score and interpret a battery of psychological tests to law enforcement and fire
safety candidates, interview candidates and provide the City with a verbal and written
evaluation of candidates' suitability for City purposes. The City may request additional
psychological suitability criteria specified by the City's Police or Fire Department.
A complete pre -employment psychological evaluation includes, but is not limited to a
clinical interview, administration and scoring of necessary tests and preparing verbal and
written recommendation for employment.
Ensure Peace Officer Standards and Training (POST) Psychological Screening Manual
requirements are met, as well as any additional psychological suitability criteria specified
by the City.
2. Fitness for Duty Evaluations
Consultant shall perform Fitness for Duty Evaluations, including initial consultation review
of documents, administering, scoring and interpreting an appropriate battery of
psychological tests, interview employees and recommend fit for duty status.
A complete fitness for duty evaluation includes, but is not limited to a consultation,
administration and scoring of necessary tests and preparing verbal and written
recommendation for employment.
3. Consultant shall perform post -critical intervention, as requested by the City.
The post -critical intervention will be administered to City's Police and Fire Department
employees involved in violent incidents, such as a life -threatening and/or serious injury or
death to any person.
Complete post -critical evaluation which includes, but is not limited to, clinical interview and
post -traumatic counseling.
4. Consultant shall consult with the City regarding public safety psychological issues, as
requested by the City.
5. Consultant shall provide a list of other psychological services, as requested by the City.
SCOPE OF SERVICES
PROJECT APPROACH/METHODOLGY
A. Pre -Employment Evaluations
1. Consultant will provide comprehensive pre -employment psychological
screening for all applicants applying for the sworn officer and appropriate
classes of civilian candidates for employment with the City.
2. Consultant will be available to schedule pre -employment evaluations on an
as -needed basis for the City. At Consultant's San Pedro office, Consultant
shall accommodate moderate sized groups of candidates (10-12 individuals)
on a single day and larger groups over the course of a week or two weeks.
Consultant shall also accommodate smaller numbers or individual applicants
in San Pedro on a rolling basis as they are referred by the City. Consultant
shall have in place procedures to conduct part or all of the screening process
remotely, should it be deemed necessary.
3. Consultant's staff will meet with the City, or the particular agency within the
City, to determine the job criteria and expectations for each position in order
to develop a set of characteristics from which to compare candidates in terms
of ideal fitness for particular job functions. In addition to police officers,
Consultant has developed criteria and selection procedures for dispatchers,
firefighters, and community service personnel. Consultant has conducted
extensive research on communications operators because of the high
turnover rate frequently found in that position. For that reason, Consultant
shall develop assessment procedures geared to the communications
employees.
4. Consultant strictly adheres to the POST guidelines when conducting
evaluations. Per POST requirements, two (2) written tests are always given
prior to having an evaluation interview. Evaluation of each applicant is based
on ten (10) dimensions that have been developed via POST. These include:
Social Competence, Teamwork, Adaptability/Flexibility,
Conscientiousness/Dependability, Impulse Control/Attention to Safety,
Integrity/Ethics, Emotional Regulation/Stress Tolerance, Decision
Making/Judgment, Assertiveness/Persuasiveness, Avoiding Substance Abuse
and Other Risk -Taking Behavior. Consultant shall also help to develop a new
criterion designed to identify officers with a higher probability of being
involved in shootings when the apparent danger does not justify the use of
lethal force. There shall be a training component associated with this
criterion.
5. Consultant shall rely on the MMPI-3 and the CPI -Police and Public Safety
Selection Report, or equivalent, as the written tests to satisfy the POST
requirement for two (2) personality tests, one of which focuses on abnormal or
pathological aspects of personality (i.e., MMPI-3) and one of which focuses on
normal aspects of personality (i.e., CPI). Such tests shall have the capacity to
SCOPE OF SERVICES
compare candidates not only to a generalized group of community members
but also to police, firefighter, or other public safety candidates. These job -
specific norms improve upon the accuracy with which these tests can predict the
likelihood of future job- relevant problems. While these tests are preferred
measures, Consultant is open to utilizing additional or alternative tests as
desired by the City.
6. Prior to meeting with the candidate, Consultant shall review the background
information package or a summary of the background information (whichever the
City prefers to provide). POST states that the referring agency will furnish
background information to the psychologist prior to the clinical assessment. Under
special circumstances, Consultant has seen applicants before the background
was furnished, but this is unusual and not consistent with POST requirements. As
per POST, a decision cannot be rendered until Consultant has seen all of the
relevant information.
7. The City will notify Consultant to identify those applicants (and their contact
information) who will be receiving a psychological assessment. Applicants shall
be notified by email to set an appointment; Consultantshall call them if
Consultant has not heard from them within 48 hours of their notification. An
interview appointment will be scheduled with Consultant and upon arrival for the
interview the candidate will be asked to complete a Personal History
Questionnaire. This is a questionnaire developed by Consultant specifically for
use in public safety and has been used with over 10,000 applicants. This
questionnaire shall be reviewed prior to commencing the clinical interview with the
candidate.
8. After the questionnaire and the computerized testing is completed and the
background information, test results, and personal history questionnaire has been
reviewed, Consultant shall conduct a clinical interview of each candidate. Interview
start and stop times are documented and signed by the applicant and will last a
minimum of twenty (20) minutes in duration. The length of the interview will be
determined by the nature of the information drawn from the test results and
background information, as well as by the personal history of the candidate. While
some interviews may be completed in as little as 20 minutes, others will take
substantially longer, and Consultant shall spend the time needed to gather the
information necessary to complete a thorough evaluation. These interviews
average about 40 minutes in duration and psychologists are typically scheduled
in parallel so that the time spent with one applicant will not cause another applicant
to wait longer. Consultant shall schedule applicants for a one -hour time
appointment window when doing clinical interviews.
9. Consultant shall maintain a high level of professional discretion while
conducting exploration initiatives during clinical interviews. Consultant shall
m a i n t a i n t h e a p p r o p r i a t e level of respect for each applicant.
Consultant shall provide a written report for all candidates who are
evaluated. Consultant shall write reports that are succinct, but informative;
that are written in understandable terms; that are free of bias; that are
SCOPE OF SERVICES
derived from a data -driven approach to decision making; and that are in full
compliance with POST recommendations and the applicable laws in the
State of California.
10. Unless otherwise requested by the City, the written reports for candidates
will include a definitive determination of pass or fail regarding the
applicant's psychological competency for the specific position being sought.
All reports will include a summary of the basis on which this decision was
made.
11. Consultant shall provide summarized written recommendations on the
same day the evaluations take place (or verbal if the City has that preference)
and shall provide the complete written report from the evaluations within
five (5) days of the evaluation.
B. Other Clinical Services
Consultant's staff shall be available for Post -Traumatic Incident Psychological
Evaluations, as needed by the City, for those employees who have been
involved in a life- threatening or seriously traumatic incident. The following
conditions will be met:
1.1 Consultant's staff shall make themselves available to meet with the affected
employee as soon as possible, but always within 48 hours, when notified of an
incident. For such employees, a verbal recommendation regarding full or
modified return to work will be provided within 48 hours after the incident and a
written report shall be provided within five (5) days of the incident. The City shall
be provided with all contact information for the psychologists so they may be
reached outside of typical office hours, when needed.
1.2Consultant's staff shall ensure a minimum of three (3) counseling sessions are
provided for the employee following the incident, when necessary. These
sessions can take place at a location agreed upon by Consultant's staff and the
employee. Consultant's office in San Pedro will be available.
1.3 At least one follow up session shall occur within fourteen (14) to thirty (30) days
after the incident to assess the need for additional sessions. After the follow up
session, a verbal recommendation regarding the need for further treatment as
well as a return to duty status shall be provided to the department and a written
report shall follow within five (5) days of completing the sessions.
1.4Post-traumatic Incident Counseling shall also be made available to immediate
family members of involved employees in order to aid in stabilizing external
factors and improve the likelihood the employee is able to return to work and to
aid in providing referral services, when needed, to community providers.
2. Consultant's staff shall be available for Fitness for Duty evaluations, as needed by
the City. These evaluations shall be conducted in a manner similar to those for
SCOPE OF SERVICES
the pre- employment in that background data, testing, and clinical interviews will
be the primary sources of information; however, background information shall
consist of that relevant to the reason for referral and the testing conducted shall
be determined in consultation with the City at the time of the referral. Consultant's
staff shall review all relevant records, testing, collateral information, and
interview data prior to providing a verbal notification (within 48 hours) and a
comprehensive written report (within 5 days of completion of the evaluation)
outlining all psychological concerns that were identified in the evaluation,
including any appropriate recommendations for further services.
3. Consultant's staff shall be available for Crisis Intervention Counseling for
employees who may be experiencing a psychological disorder or who may be
suffering from significant mental distress that might interfere with an employee's
ability to perform the full range of duties required for that individual's position. Upon
receipt of all permissions necessary from that individual's Management or an HR
designee, Crisis Intervention Counseling will be provided.
4. Consultant's staff shall be available to consult with the City and/or meet with
officers to provide critical incident debriefing services, as needed. The nature and
extent of these services can be discussed and agreed upon prior to the provision
of such services.
5. Consultant's staff shall be available to provide other therapy or counseling services,
as needed by the City. Consultant's staff members are capable of working
therapeutically with officers and other civilian members in a manner that is
sensitive and that reflects an awareness of the particular challenges and
demands that come with work in law enforcement.
C. Leadership Development Services
1. Individual Coaching
2. Team Coaching
3. Succession Planning
D. Training and Education Programs
1. Stress Management
2. Conflict Resolution
3. Tactical Decision Making
4. Verbal Judo
5. Health and Wellness of Officers
6. Typical and Atypical Responses to Critical Incidents
7. Effective Interactions with Emotionally Disturbed Individuals
8. Running Effective Meetings
9. Structured Problem Solving
10. Continuous Improvement (Lean, 6-Sigma)
11. Presentation Skills
EXHIBIT B
SCHEDULE OF BILLING RATES
Stuart M. Shaffer DBA Shaffer Psych Institute Page B-1
Schedule of Billing Rates
Calendar Year 2024-2028
TYPE OF SERVICE
RATE
Pre -employment Psychological
$500 per candidate
Evaluations
Fit For Duty Evaluations
$3000 per candidate
Post -Critical Intervention
$200 per candidate
Consulting Services Regarding Public
$375 per hour
Safety Psychological Issues
Other Related Psychological Evaluation
$200 per hour
Services
Other Costs (not listed above):
Pre -employment Appointment "No Shows": $200/candidate
Court Appearances/Depositions: $3000/half-day, $5000/full-day
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL
SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply
and that coverage does not meet these requirements, Consultant agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach,
its City Council, boards and commissions, officers, agents, volunteers
and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
Stuart M. Shaffer DBA Shaffer Psych Institute Page C-1
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
D. Professional Liability (Errors & Omissions Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the City,
whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City of Newport Beach, its City Council, boards and
commissions, officers, agents, volunteers, employees or shall
specifically allow Consultant or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior
to a loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers from each of its
subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
Stuart M. Shaffer DBA Shaffer Psych Institute Page C-2
that City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers, employees shall be included as insureds
under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten
(10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Consultant shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
Stuart M. Shaffer DBA Shaffer Psych Institute Page C-3
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify
that all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad
as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
If the Consultant maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for higher
limits maintained by the Consultant. Any available insurance proceeds
in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self- insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
Stuart M. Shaffer DBA Shaffer Psych Institute Page C-4
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or
may involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
Stuart M. Shaffer DBA Shaffer Psych Institute Page C-5
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Name:
Account Number:
Address:
Status:
Stuart M. Shaffer
FV00001115
753 W. Basin Street, San Pedro,
CA, 90731
Pending Notice Cycle
Compliant with Waived
Deficiencies.
Insured
..... ._, __.__ � _ ----------------- --- _.
Business Unit(s) DBA Name Print Insured Info
Account Information
i Account Number:
FV00001115
Risk Type:
Professional
Services
Agreement
Do Not Call:
Address Information
Mailing Address
Insured:
Stuart M.
Shaffer
Address 1:
753 W. Basin
Street
Address 2:
City:
San Pedro
State:
CA
Address Updated:
Physical Address