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AGREEMENT WITH BELLATOR PSYCHOLOGICAL AND CONSTULTANTS
CORPORATION TO PROVIDE
ON-CALL PSYCHOLOGICAL EVALUATION AND COUNSELING SERVICES THIS AGREEMENT is made and entered into on this 20TH day of October, 2026 by and between Bellator Psychological and Consultants Corporation, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On July 1, 2026, the City issued Request for Proposals No. 26-088, by which it sought Consultants to provide on-call psychological evaluation and counseling services on behalf of the City of Santa Ana’s Police Department.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-088 and attached as Exhibit A.
Consultant’s proposal shall be incorporated by reference as though fully attached here to this Agreement.
C. Consultant was selected as one of five (5) vendors which qualified for this engagement.
Only those consultants approved by the City Council on October 20, 2026 shall be eligible to be engaged by the City for these services.
D. 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
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation and counseling services described and set forth in Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) consultants selected under RFP 26-088. The annual compensation for these services provided by EXHIBIT 1
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all such consultants selected under RFP 26-088 shall not exceed the shared aggregate amount of Seventy-Five Thousand Dollars ($75,000) during the term of the Agreement.
The total amount to be expended during the term of this agreement, including any extension periods exercised per Section 3, below, shall not exceed $225,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
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 for a one (1) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to
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Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Exhibit C.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from the negligent performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including reasonable fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement.
City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and
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invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. 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.
11. CONFLICT OF INTEREST CLAUSE
a. 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.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make
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full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. 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.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
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termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
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To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
Chief of Police
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Bellator Psychological and Consultants Corporation
Attn: George Dabdoud, Psy.D.
23361 Madero, Suite 210
Mission Viejo CA 92691
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:a.r~-
Bra ~lvatierra
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
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CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONSULTANT
By: George Dabdoub
Title: Psychologist I CEO
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EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced vendor to provide preemployment psychological evaluation services, crisis counseling services, and peer support training for Police Department Applicants and Police Department staff. Specific responsibilities include, but are not limited to:
A. Complete Pre-Employment Psychological Evaluations
Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations.
Evaluator CPE Requirement:
(A) Effective July 1, 2019, all evaluators must complete the POST-developed Peace Officer Psychological Screening Manual on-line exam prior to conducting preemployment psychological screening.
(B) Effective September 1, 2014, evaluators must complete 12 hours of POST approved CPE every two-year renewal cycle.
Verification of Course Completion:
To verify compliance, the evaluator must submit a psychological evaluator profile request to POST via the electronic CPE Tracking System and provide verification of course completion.
Perform a complete pre-employment psychological evaluation for all of the City’s Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer’s Standards and Training (POST), Psychological Screening Manual , as well as any additional psychological suitability criteria specified by the City’s Police Department.
A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment
Consultant shall:
1. Provide the City’s Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre- scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. .
Respondent to identify location of their services provided. In person services are preferred.
2. Provide the City’s Police Department Human Resources (HR) Team with verbal
EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
recommendation of the candidate’s psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate’s clinical interview.
3. Provide the City’s Police Department HR Team with a written report of the candidate’s psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate’s clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.
B. Complete Post-Traumatic Psychological Incident Evaluation Provide City’s Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.
A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.
Consultant shall provide:
1. Initial psychological service contact comprised of an initial counseling assessment involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident as reported by the officers(s) supervisor or manager.
2. A verbal recommendation to the City’s Police Department HR Team 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.
3. A maximum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant’s office location, unless otherwise agreed by involved officer(s).
4. One (1) follow-up session, following the initial counseling assessment session, within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City’s Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City’s Police Department upon completion of such follow-up counseling session(s).
5. A written psychological assessment to the City’s Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session(s).
6. At the direction and with consent of City’s Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s)
CITY OF SANTA ANA
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 Chief or his designee is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.
C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee’s psychological fitness for duty, when so directed by the City.
Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.
Consultant shall:
1. Outline all psychological concerns resulting from that review and submit to City’s Police Department a recommendation concerning further testing and/or evaluation which may be deemed appropriate.
2. Provide City’s Police Department HR Team with verbal notification as to the above within forty-eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.
Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.
D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City’s Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of said employee’s classification.
Consultant shall:
1. Obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling of City’s Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling.
2. These sessions are to be conducted in person.
E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:
CITY OF SANTA ANA
1. Conduct routine group debriefings with units that are regularly exposed to high levels of stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group’s ongoing well-being.
• Frequency of meetings to be determined by division managers
2. Hold a post-critical incident group meeting ahead of a potential formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employees’ end of watch.
3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.
F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.
Consultant shall:
1. Consult with the Department’s management regarding psychological profiles and recommended approach to addressing specific suspects.
2. Assist in interpreting intelligence data in reference to criminal incidents and/or suspect.
G. Psychological Training Services
Provide City’s Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:
1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training as requested by division managers. #2233544v1
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
2. Cost Proposal
All Proposers are required to submit a cost for pre-employment services, cost for initial critical response, an hourly rate for services beyond the initial response, cost for debriefing sessions, cost for training sessions and hourly on-call rates for additional as needed services. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated.
Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S.
Department of Labor’s website at www.bls.gov.)
Costs
Pre-Employment Psychological Evaluations $400 per evaluation Fitness for Duty Evaluations $350 hour
CCW Psychological Evaluations $400 per applicant, Applicant pays fee Critical Incident Debriefing (Initial) Critical
Incident Debriefing (F/U)
$300 / hour
$250 / hour
Training/Consulting $200 / hour
Treatment (Individual) $225 / hour
Treatment (Group) $120 / hour
Court Depositions / Testimony $350 / hour
3. Certifications/Attachments
In addition to the SOQ and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• ATTACHMENT A: PROPOSER’S CERTIFICATION
• ATTACHMENT B: REFERENCES
• ATTACHMENT C: DEBARMENT QUESTIONNAIRE
• ATTACHMENT D: NON-LOBBYING CERTIFICATION
• ATTACHMENT E: NON-DISCRIMINATION CERTIFICATION
• ATTACHMENT F: NON-COLLUSION AFFIDAVIT
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
• Professional Liability (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.
3. All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.