1 A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only t his _______ day of _______, 2026, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
NANCY K. BOHL, INC., a California S-corporation, dba THE COUNSELING TEAM INTERNATIONAL, hereinafter referred to as "PSYCHOLOGIST"
W I T N E S S E T H:
WHEREAS, ANAHEIM desires to retain PSYCHOLOGIST to perform i) psychological evaluations for final candidates for employment in the following positions: police officer trainee, police officer–lateral, police dispatcher, corrections officer, police reserve, and fire fighter, and ii) clinical evaluations, psychotherapy and other psychological services as such may be requested or required by ANAHEIM; and
WHEREAS, PSYCHOLOGIST is licensed to perform such services, represents that he is qualified to render suc h services for ANAHEIM, and has rendered such services for ANAHEIM in the past.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
PSYCHOLOGIST agrees to perform services for ANAHEIM in accordance with the City's Request for Proposal for Psychological Evaluation services, and PSYCHOLOGIST'S Proposal dated February 25, 2026, copies of which are on file with the City Clerk’s Office and incorporated herein by reference. More specifically, at ANAHEIM’s request, PSYCHOLOGIST ///
2 agrees to provide and perform the following services for specified Police and Fire candidates and employees of ANAHEIM:
Pre-employment Psychological Evaluations
• Provide comprehensive pre -employment psychological evaluations for all final public safety candidates such as: Police Officer Trainee, Police Officer – Lateral, Police Dispatcher, Corrections Officer, Police Reserve Officer and Fire Fighter. • 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.
• Provide psychological evaluation appointments within ten (10) business days of receipt of request from the City.
• Maintain or have continual access to professional office facilities to meet with applicants and conduct all testing and evaluations which include, but are not limited to a clinical interview, administration of necessary tes ts, scoring of tests and preparing verbal and written recommendations for employment.
• Provide a verbal recommendation of the candidate’s psychological suitability within two (2) business days after testing and interviews have been completed. • Provide a written report of the candidate’s psychological suitability within five (5) business days after testing and interviews have been completed. Report shall include a professional recommendation along with comments and information in support of the recommendation.
Post-Traumatic Psychological Incident Evaluations
• Provide employees involved in significant or violent incidents, such as a life -threatening situation and/or serious injury or death to any person, complete post -traumatic psychological evaluation
• Initial psychological service contact with involved employee(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident. ///
3 • Provide a minimum of three (3) follow -up counseling sessions, if the Contractor dee ms those sessions necessary. Such follow -up sessions shall, whenever possible and practical, be scheduled by Contractor at Contractor’s office location, unless otherwise agreed by involved employee.
• Provide 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 employee(s) to assess whether additional sessions shall be deemed necessary. • Following such sessions, provide the City with verbal recommendation as to the necessity of additional sessions and an assessment of employee(s) recommended duty status within forty - eight (48) hours.
• Provide a written psychological assessment of the employee(s) evaluated within five (5) calendar days upon completion of such follow-up counseling session(s). • Provide a verbal recommendation for return of employee(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.
• Provide a written psychological assessment of employee(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. • At the direction and with the consent of the City, similar post traumatic-incident counseling services to immediate family members of involved employee(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect employee(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with the City is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the employee(s) comes in doubt.
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4 Fitness for Duty Assessments
• Review background investigations, conduct clinical interviews, review associated material including but not limited to administrative reports, medical and/or psychological reports and/or other relevant documents to determine an employee’s psychological fitness for duty, when directed by the City.
• • Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests and preparation of verbal and written recommendations for employment.
• • Outline all psychological concerns resulting from that review and submit a recommendation concerning further testing and/or evaluation which may be deemed appropriate. • • Provide verbal notification as to the above within forty -eight (48) hours, and with a complete written report concerning fitness for duty evaluations within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.
Crisis Interview Counseling
• Conduct crisis intervention counseling with authorization and approval of the City when an employee(s) is believed to be suffering acute mental distress 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.
• Obtain authorization prior to conducting crisis intervention counseling of employee(s).
Should intervention be requested by employee and not the City, Consultant agrees to obtain authorization from Cit y’s Chief of Police, Fire Chief or designate prior to conducting crisis intervention counseling.
2. COMPENSATION
A. ANAHEIM agrees to pay PSYCHOLOGIST for services rendered under this Agreement at the rates set forth in the Fee Schedule attached hereto as Exhibit A.
B. PSYCHOLOGIST shall sub mit monthly invoices to ANAHEIM detailing any work performed by PSYCHOLOGIST during that month. ANAHEIM shall pay 5 PSYCHOLOGIST for services s atisfactorily r endered within thirty (30) days of ANAHEIM’s approval of PSYCHOLOGIST‘s invoices. .
C. The parties hereto agree that in no event shall compensation for services rendered pursuant to this Agreement exceed the sum of Three Hundred Thousand Dollars ($300,000.00) over the term of this Agreement.
3. C ONTRACT ADMINISTRATION
T he ANAHEIM Human Resources Director shall have the power to administer this Agreement including, specifically, the power to terminate the services as provided herein. 4 . TERM OF AGREEMENT
P SYCHOLOGIST shall begin providing services on the effective date of this Agreement and shall continue to do so for a period of three years (“Initial Term”), unless this Agreement is earlier terminated pursuant to the provisions of Section 5 below. ANAHEIM may extend this Agreement for one (1) additional two (2) year term by sending written notice to PSYCHOLOGIST of its intent to renew prior to the expiration of the Initial Term. 5 . TERMINATION
E ither party may terminate this Agreement for any reason by providing the other party with thirty (30) days' prior written notice of said termination. If ANAHEIM terminates this Agreement pursuant to the terms of this section, ANAHEIM agrees to pay PSYCHOLOGIST for work satisfactorily performed to the date of termination. 6 . INDEPENDENT CONTRACTOR
T he parties agree that PSYCHOLOGIST is an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an employee of ANAHEIM. 7 . ASSIGNMENT
P SYCHOLOGIST may not assign or transfer this Agreement, or any part thereof , without the written consent of ANAHEIM.
8 . STANDARD OF CARE
P SYCHOLOGIST shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by 6 professionals in the same discipline in the State of California. PSYCHOLOGIST represents and maintains that it is skilled in the professional calling necessary to perform the services provided pursuant to this Agreement. By delivery of completed work, PSYCHOLOGIST certifies that the work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the professional standard of care.
PSYCHOLOGIST represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals that are legally required of PSYCHOLOGIST to practice its profession. PSYCHOLOGIST shall maintain a City of Anaheim business license during the term of this Agreement.
9. INDEMNIFICATION
As respects acts, errors or omissions in the performance of professional services, PSYCHOLOGIST agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature directly arising out of the negligent acts, errors or omissions of the PSYCHOLOGIST or any SUB-AGENT in the performance of professional services under this Agreement.
As respects all acts, errors or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance coverage, PSYCHOLOGIST agrees to indemnify, defend (at ANAHEIM’s option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with PSYCHOLOGIST’s (or PSYCHOLOGIST’s agents or subagents’, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of ANAHEIM.
7 The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, PSYCHOLOGIST, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
10. INSURANCE
Without limiting ANAHEIM’s right to indemnification, it is agreed that PSYCHOLOGIST shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000.
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent PSYCHOLOGIST’s Liability where appropriate, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate.
Such insurance shall be written on a primary basis but may include a deductible or self- insured retention of more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to ANAHEIM, in writing, prior to the inception of this Agreement.
Comprehensive Automobile Liability Coverage as required by California law, including-as applicable-owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit.
Professional Liability Insurance in an amount not less than $2,000,000. Such insurance shall be written on a primary basis, but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductible or self- insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
8 Any required coverage written with primary and excess layers to satisfy the minimum requirements of this Agreement must be submitted for approval by ANAHEIM’s Risk Manager prior to the inception of the final Agreement.
PSYCHOLOGIST is responsible for the satisfaction of any deductible or self- insured retention obligation.
PSYCHOLOGIST agrees that this insurance shall not be voluntarily cancelled by PSYCHOLOGIST or limited in scope or coverage by PSYCHOLOGIST until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S.
Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non-payment of premium, which requires notice of not less than ten (10) days.
Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
"It is agreed that any insurance maintained by PSYCHOLOGIST pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Anaheim."
"The City of Anaheim, its officers, agents, employees, representatives and volunteers are included as additional insured with respect to the scope of work, operations, and /or activities of, or performed on behalf of the Named Insured, performed under Agreement with the City of Anaheim."
Prior to commencing any work under this Agreement, PSYCHOLOGIST shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, PSYCHOLOGIST shall provide to ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to 9 ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A.M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against AHAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then AHAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that PSYCHOLOGIST shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
In addition to any other remedies ANAHEIM may have if PSYCHOLOGIST fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
Order PSYCHOLOGIST to stop work under this Agreement and/or withhold any payment(s) which become due to PSYCHOLOGIST hereunder until PSYCHOLOGIST demonstrates compliance with the requirements hereof;
Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for PSYCHOLOGIST's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed in any way as limiting the extent that PSYCHOLOGIST may be held responsible for payments of damages to persons or property resulting from PSYCHOLOGIST's (or PSYCHOLOGIST's agents or sub-agents’, if any) performance of the work covered under this Agreement.
In the event PSYCHOLOGIST hires other persons or firms to perform some of the work related to this Agreement, PSYCHOLOGIST shall ensure (i) that the acts or omissions of such persons or firms are covered under the above- referenced liability insurance, or (ii) that 10 such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of PSYCHOLOGIST under this Agreement (except for forms which are not performing professional services-such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, PSYCHOLOGIST shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.
ANAHEIM’s Risk Manager is hereby authorized to amend or reduce the requirements set forth herein in the event = that such customer generated amendment or reduction request is in ANAHEIM’s best interest.
11. AUDIT
PSYCHOLOGIST agrees to permit ANAHEIM to inspec t its non- privileged records relevant to ANAHEIM's account at any time during regular working hours upon the giving of advance notice.
12. WITHHOLDINGS
ANAHEIM may withhold payment to PSYCHOLOGIST 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.
PSYCHOLOGIST shall not discontinue work as a result of such withholding.
PSYCHOLOGIST shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
13. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
14. COMPLIANCE WITH LAWS
In the performance of this Agreement, PSYCHOLOGIST shall abide by and conform to any and all applicable laws of the United States, the State of California and the City 11 Charter and Ordinances of ANAHEIM. In addition, PSYCHOLOGIST and its principals and employees agree to comply with any obligations they may have under California Government Code Section 87100 et seq.
15. NO THIRD-PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein.
16. NOTICES
Any notice or demand required or permitted to be given by the terms of this Agreement, or by any law or statute may be given by ANAHEIM by depositing said notice or demand in the U.S. Mail, postage prepaid, addressed to PSYCHOLOGIST at PSYCHOLOGIST’s address or any new address provided by PSYCHOLOGIST in writing to ANAHEIM. Service of said notice or demand on PSYCHOLOGIST shall be complete five (5) days after deposit of said notice or demand in the mail.
Any notice or demand required or permitted by the terms of this Agreement or by any law or statute may be given by PSYCHOLOGIST by delivering said notice or demand to ANAHEIM at 200 South Anaheim Boulevard, Anaheim, California 92805. Attention: City Clerk. Service of said notice or demand shall be complete when received at the office of the City Clerk.
Notices and communication concerning this Agreement shall be sent to the following addresses:
CITY PSYCHOLOGIST
City of Anaheim Nancy K. Bohl, Inc. dba The Counseling Team International Attn: City Clerk Attn: Julie Casto Koot, Director of Operations 200 S. Anaheim Boulevard P.O. Box 7677
Anaheim, CA 92805 Newport Beach, CA 92658
Phone No.: (909) 884-0133 – ext. 225
Email: [email protected]
Either party may, by notice to the other party, change the address specified above. ///
12 17. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and any documents attached hereto, the terms of this Agreement shall govern.
18. INTERPRETATION
Each Party acknowledges that he/she/it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
19. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both PSYCHOLOGIST and ANAHEIM and approved as to form by the City Attorney.
20. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
21. DISCRIMINATION
PSYCHOLOGIST agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of services or hiring of subcontractors or employees. To the extent this Agreement provides that PSYCHOLOGIST offer accommodations or services to the public, such accommodations or services shall be offered by PSYCHOLOGIST to the public on fair and reasonable terms. ///
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13 22. AUTHORITY
PSYCHOLOGIST and PSYCHOLOGISTS's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of PSYCHOLOGIST and to bind PSYCHOLOGIST hereto.
23. EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event CONSULANT fails to set forth a date of execution opposite the name(s) of PSYCHOLOGIST’S signator(s), PSYCHOLOGIST hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution by PSYCHOLOGIST's signator(s) as the date said Agreement, as executed by PSYCHOLOGIST is received by ANAHEIM.
24. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties and there are no other or further written or oral understandings in respect thereto.
25. CONFLICT OF INTEREST
By virtue of PSYCHOLOGIST rendering services to ANAHEIM pursuant to this Agreement, and, in addition thereto, rendering certain services to ANAHEIM's Police Department in connection with officers who are involved in incidents which ANAHEIM determines may be critical/traumatic, PSYCHOLOGIST and ANAHEIM recognize that, in the event PSYCHOLOGIST examined or treated industrially injured employees of the Anaheim Police Department, a possible conflict of interest would exist between the parties in subsequent proceedings. Therefore, PSYCHOLOGIST and ANAHEIM agree as follows:
A. PSYCHOLOGIST agre es not to examine or treat any employee of ANAHEIM whom he has tested until the expiration of one year from the date of tests performed pursuant to Section 1 of this Agreement; provided, however, this provision shall not apply to said critical/traumatic incident referrals.
B. PSYCHOLOGIST agrees not to examine or treat any employee of ANAHEIM (1) if the employee claims or suggests that he or she has suffered or is suffering, either 14 partially or totally, an industrially related injury or medical condition, or (2) if PSYCHOLOGIST believes or has reason to believe that the employee's medical condition may be either partially or totally industrially related.
C. PSYCHOLOGIST agrees to inform, in writing, each prospective patient who is an employee of ANAHEIM at the initial interview or consultation that PSYCHOLOGIST will not examine or accept such prospective patient for treatment if he or she claims or suggests, or PSYCHOLOGIST believes or has reason to believe, that the patient's medical condition may be either partially or totally related to industrial causation. In addition, such written document shall state that PSYCHOLOGIST in his examination and/or treatment will not propose leave time or write reports in connection with the examination and/or treatment.
D. In the event PSYCHOLOGIST is precluded from treating an employee of ANAHEIM for a possible industrially -related problem under subsections A and B above, then PSYCHOLOGIST shall not refer the employee to another medical professional or recommend another medical professional.
26. WAIVER
No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion.
[SIGNATURES ON FOLLOWING PAGE]
16 EXHIBIT A
PSYCHOLOGIST'S FEE SCHEDULE
THE COUNSEING TEAM INTERNATIONAL RATES
Services Year 1 Year 2 Year 3
Pre-employment
Psychological
Testing
$400.00 per exam $420.00 per exam $441.00 per exam
Post Traumatic
Psychological
Incident Evaluation
$400.00 per exam $420.00 per exam $441.00 per exam
Fitness for Duty Free Referral Free Referral Free Referral
Crisis Interview
Counseling
$184.00/hr $193.00/hr $200.00/hr