HomeMy WebLinkAbout1999-160
IMPORTANT NOTE - Resolution
1999-160 is null ~nd void
because it was not executed
within time specified.
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RESOLUTION NO.
1999-160
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH DR.
3 JOSEPH MALANCHARUVIL TO CONDUCT PSYCHOLOGICAL EXAMINATIONS
FOR THE POLICE DEPARTMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1.The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City a First Amendment to Agreement with Dr. Joseph
9 Malancharuvil for the purpose of conducting psychological
10 examinations for the Police Department, copy of which is
11 attached hereto, marked Exhibit "A", and incorporated herein
12 by reference as fully as though set forth at length.
13 SECTION 2. This agreement shall not take effect until
14 fully signed and executed by all parties. The City shall not
15 be obligated hereunder unless and until the agreement is
16 fully executed and no oral agreement relating thereto shall
17 be implied or authorized.
18 SECTION 3. The authorization to execute the above
19 referenced agreement is rescinded if the parties to the
20 agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
22 I HEREBY CERTIFY that the foregoing resolution was duly
23 adopted by the Mayor and Common Council of the City of San
24 Bernardino at a joint
Lc~u.lc.u.
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meeting thereof, held on the 6th
day of July
, 1999, by the following vote, to wit:
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1999-160
1 RESOLUTION TO EXECUTE A FIRST AGREEMENT WITH DR. JOSEPH
MALANCHARUVIL TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
2 POLICE DEPARTMENT.
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COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
4 x
ESTRADA
5 x
LIEN
6 x
MCGINNIS
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SCHNETZ x
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DEVLIN X
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ANDERSON X
10 X
MILLER
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12 ~~t h. CJ.~
CI Y CLERK
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- f The foregoing resolution is hereby approved this
15 j"'J'L- day of July , 1999.
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19 Valles, Mayor
San Bernardino
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Approved as to
22 form and legal content:
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24 JAMES F. PENMAN
City Attorney
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C I T Y 0 F
San Bernardino
RACHEL
C L ARK
CITY CLERK
July 8, 1999
Dr, Joseph Malancharuvil, Ph,D.
303 E. VandeTbilt, Suite #260
San Bernardino, CA 92408
Dear Dr. Malancharuvil:
At the Mayor and Common Council meeting of July 6, 1999, the City of San Bernardino
adopted Resolution 1999-160 approving a 1st amendment to an agreement to conduct
psychological evaluations for the Police Department.
Enclosed is one (I) original agTeement. Please sign in the appropriate location and return
the original agreement to the City Clerk's Office, ATTN: Melanie Miller, P. 0, Box
1318, San Bernardino, CA, 92418 as soon as possible.
Please retain a copy of the executed document for your files.
Please be aware that the documents are null and void if not executed within sixty (60)
days - September 4, 1999.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Melanie Miller
Senior Secretary
P. O. BOX 1319, SAN BERNARDINO, CA lf2402
300 NORTH 0 STREET. SAN BERNARDINO.
CAllFOllNIA 924180001 (101)384-5002
(lfOlf)384.5102 FAX-(IOlf)384.51S8
Too/TTY -(909)384-5540
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1999-160
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EXHIBIT A
AGREEMENT
THIS AGREEMENT is made and entered into at San Bernardino
6th
day of July
California, this
1999, by and between
the CITY OF SAN BERNARDINO, a municipal corporation
hereinafter called "CITY", and Dr. Joseph Malancharuvil,
Ph.D., a Psychological Corporation, hereinafter referred to
as "Malancharuvil".
The parties agree as follows:
1. Scope of work:
A. At the discretion of the Chief of Police and
11 the Chief Examiner, MALANCHARUVIL hereby agrees to
perform the following services:
1. Perform
examinations and
CITY.
pre-employment
submit reports as
psychological
requested by
2. Perform fitness for duty examinations
and submit reports as requested by CITY.
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CITY.
Provide court testimony as requested by
B. These services shall be provided pursuant to
the "Methods of Assessment in Examinations" and
"Response and Report to the Chief Examiner"
provisions in Exhibit 1 and Exhibit 2, attached and
incorporated herein by reference as though fully set
forth.
C. Each written report by MALANCHARUVIL shall be
accompanied by an "Authorization for the Release of
Medical Information by a Provider of Health Care" in
a form consistent with the provisions of California
Civil Code Section 56.11.
D. MALANCHARUVIL shall be available for
consultation with respect to any of his examinations
and reports and shall submit supplemental reports as
requested by CITY.
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1999-i60
2 .
Term
The term
retroacti vely on
30, 2000.
of this
April 1,
agreement shall commence
1999, and terminate on June
3. Option to Extend
Upon expiration of the term hereof, City shall have the
option to extend this agreement for a one year period
upon the same terms and conditions.
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provision for Payment
A. Rate of Compensation
(1) CITY agrees to pay MALANCHARUVIL the sum
of $190.00 for each safety officer pre-employment
psychological examination and $150.00 for each Police
Dispatcher pre-employment psychological examination and
report performed by MALANCHARUVIL at the request of
CITY.
(2) CITY agrees to pay MALANCHARUVIL the
regular sum of $350.00 for each fitness for duty
examination and report performed by MALANCHARUVIL at
the request of CITY, plus $100.00 per hour for any
additional work with prior approval by the Chief
Examiner.
(3) CITY agrees to pay MALANCHARUVIL the sum
of $90.00 per hour for preparation and court testimony
performed by MALANCHARUVIL at the request of CITY upon
reasonable notice.
(4) CITY agrees to pay MALANCHARUVIL the sum
of $100.00 for appointments cancelled without the
customary 24 hour notice.
B. Manner of Compensation
(1) MALANCHARUVIL
with the Chief Examiner a
performed.
shall
monthly
maintain and file
record of services
(2) The Chief Examiner shall submit a claim
or request for payment based on
Finance Department in such manner
shall be paid monthly.
such record to the
that MALANCHARUVIL
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1 (3) MALANCHARUVIL shall assume and pay all
out-of-pocket expenses and costs of performing services
2 under this agreement except as otherwise specifically
provided herein, and CITY shall not be liable for any
3 such costs and expenses.
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5.
Amendments
This agreement may be amended or modified
only by written agreement executed by both parties.
6. Assignment
MALANCHARUVIL'S rights under this agreement shall
not be assigned by MALANCHARUVIL to any other person,
firm or corporation without the prior written consent
of the CITY.
7.
Relationship of Parties
MALANCHARUVIL is acting as an independent
contractor, and not as an employee of the CITY. In
their performance of personal services pursuant to the
provisions of this agreement, MALANCHARUVIL shall not
be supervised, directed, or under the control or
authority of any City Officer or employee, except and
to the extent as may be expressly or implicitly
required by the terms and provisions of this agreement.
Any direction or control so required under this
agreement shall be limited to broad objectives or goals
of the project or program to be accomplished and not to
the details and procedures to accomplish such
objectives or goals. MALANCHARUVIL shall not be
obligated to conform to the supervision or direction of
City officers or employees which are not authorized
herein. Changes or modifications of said obj ecti ves
and goals may be made by written recommendations of
either party subject to the concurrence of the other
party in writing.
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'1999-160
8.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
MALANCHARUVIL hereby agrees to defend, indemnify
and hold harmless CITY, its officers and employees from
and against any and all liability, damages, costs,
losses, claims and expenses, however caused, arising
from MALANCHARUVIL' S negligence or willful misconduct
in the performance of this agreement and also including
any claims that may arise against CITY by reason of
MALANCHARUVIL'S legal relationship with CITY being
categorized as other than that of an independent
contractor. Any concurrent negligence or willful
misconduct of CITY, its officers and employees shall in
no way diminish MALANCHARUVIL'S obligations hereunder.
9. Insurance
MALANCHARUVIL shall provide to CITY evidence of
insurance covering MALANCHARUVIL and CITY as an
additional insured as to any potential liability to
MALANCHARUVIL and CITY. The evidence to be provided
shall be a Certificate of Insurance describing the
coverage provided and naming CITY as an additional
insured. The insurance shall require the City to be
notified of any change or termination ten (10) days in
advance, and shall consist of the following:
A. Workers' Compensation
MALANCHARUVIL shall provide proof of workers'
compensation insurance coverage for all of its
employees pursuant to this agreement. Evidence of
such insurance shall be furnished to City's Risk
Management Division prior to commencement of this
agreement.
B. Professional Liability Insurance
Professional liability insurance covering the
professional services provided by MALANCHARUVIL,
including coverage for professional errors and
omlssions, in a combined single limit of not less
than $1,000,000.00 per person.
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10. Attorneys' Fees
In the event an action is filed by either party to
enforce rights under this agreement, the prevailing
party shall be entitled to recover reasonable
attorney's fees in addition to any other relief granted
by the court. The costs, salary and expenses of the
City Attorney and members of his office in enforcing
this agreement on behalf of the City shall be
considered as "attorney's fees" for the purposes of
this paragraph.
11. Termination of Agreement
Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days
advance written notice of termination to the other
party.
12. Notices
Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in
the United States mail, postage prepaid, and addressed
as follows:
Chief Examiner
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Joseph Malancharuvil, Ph.D.
303 E. Vanderbilt, Suite 260
San Bernardino, CA 92408
13. Entire Agreement
This agreement constitutes the entire agreement
between CITY and MALANCHARUVIL and may be modified only
by further written agreement between the parties.
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1999-160
1 RESOLUTION TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH DR.
JOSEPH MALANCHARlNIL TO CONDUCT PSYCHOLOGICAL EXAMINATIONS
2 FOR THE POLICE DEPARTMENT.
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IN WITNESS WHEREOF, this agreement has been executed
by the parties effective as of the date and year above
written.
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8 ATTEST:
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17 Approve as to form
and Legal Content:
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20 JAMES F. PENMAN,
City Attorney
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BY:
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CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
BY:
Joseph Malancharuvil, Ph.D.
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1999-160
EXHIBIT 1
Police Officers
Methods of Assessment in Examinations;
Two main methods will be used in examinations.
are as follows:
They
Use of structured clinical interviews performed with
each candidate in either pre-employment or fitness for
duty examinations. Included in the interview will be
both psychodiagnostic information used in assessment of
emotional, mental and behavioral stability; simulated
case situations used in assessing response tendencies
in specified areas of police work. Of importance here
is assessment of availability of internal resources the
officer has which will likely be used in order
maintenance, crime suppression, or investigative areas
of police work; aspects of the candidate's past life
experiences which will be influential in his/her
dealing with subjects, suspects, and other police
personnel, especially command; strengths and weaknesses
in the candidate's personality, experience, and
ability, and the candidate's ability to acknowledge
areas needing improvement; and finally ability to
communicate assertively under differing conditions.
Use of Psychological Test Instruments in Examinations.
Two personality profile tests will be administered to
each candidate. They are the Minnesota Multiphasic
Personality Inventory (MMPI) and the California
Psychological Inventory (CPI).
Report to the Chief Examiner:
Pre-employment examinations;
Within two (2) weeks following completion of
examinations a written report will be made to the Chief
Examiner which will document work relevant information,
including justification for recommendations. Two
response categories will be provided: Pass or Fail.
Dr. Malancharuvil shall directly contact only the
Lieutenant in charge of training of the San Bernardino
Police Department, and shall communicate only as to his
need for data specific to the criteria used in A.1
above.
Report to the Chief of Police:
Fitness for Duty Examinations;
These examinations shall include
interviews, MMPI Examinations,
Departmental records. Wi thin two
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structured clinical
and a review of
(2) weeks following
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completion of examinations a written report will be
made to the Chief of Police or Assistant Chief of
Police which will document work relevant information,
and set forth a recommendation as to the potential for
future rehabilitation of the employee. Where the
doctor determines that the employee is in a crisis
situation, as determined by the doctor, an oral
recommendation shall be made to the Chief of Police on
shorter notice to be followed immediately by a written
confirmation.
Information obtained hereunder shall be released only
as provided in California Civil Code Section 56.10.
All ratings, test results, and interview data shall be
maintained by Dr. Malancharuvil during the life of this
agreement, Dr. Malancharuvil shall transfer such files
to such persons as the Chief Examiner shall advise him
of in writing. Dr. Malancharuvil shall be entitled to
recover his costs of such transfer.
In the event of an administrative action or litigation
involving a candidate I s appeal of the screening
process, Dr. Malancharuvil will provide any testimony
and documentation required to support the Department in
hearings or suits resulting in any way from
recommendations arising from contracted evaluations.
An additional fee will be charged for each hour or
preparation and testimony required.
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1999-160
EXHIBIT 2
Police Dispatchers
Methods of Assessment in Examinations:
Two main methods of assessment will be used in
examinations. They are as follows:
1. Use of structured clinical interviews performed
with each candidate in pre-employment examination.
Included in the interview will be information used in
assessment of emotional, mental and behavioral
stability; and response tendencies in specific areas of
interpersonal skills; cooperative--i.e., team play,
self-initiative, decision making, ability and
commitment to follow through on tasks, stability in the
manner in which they respond to problems, effective
ability to express themselves, and willingness and
ability to conform their behavior and attitudes to the
requirements of the work setting.
2. Use of Psychological Test Instruments in
Examinations. Two personality profile tests will be
administered to each candidate. They are the Minnesota
Multiphasic Personality Inventory (MMPI) and the
California Psychological Inventory (CPI).
Report to the Chief Examiner:
Pre-Employment Examinations:
Within two (2) weeks following completion of
examinations a written report will be made to the Chief
Examiner which will document work relevant information,
including justification for recommendations. Two
response categories will be provided: Pass of Fail.
Dr. Malancharuvil shall not directly contact the San
Bernardino Police Department regarding the examination
of any person for employment with that department.
Report to the Chief of Police:
Fitness-for-duty examinations:
These examinations shall include structured clinical
interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
completion of examinations a written report will be
made to the Chief of Police or Assistant Chief of
Police which will document work relevant information,
and set forth a recommendation as to the potential for
future rehabilitation of the employee. Where the
doctor determines that the employee is in a crisis
situation, as determined by the doctor, an oral
recommendation shall be made to the Chief of Police on
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1999-160
shorter notice to be followed immediately by a written
confirmation.
Information obtained hereunder shall be released only
as provided in California Civil Code Section 56.10.
All ratings, test results, and interview data shall be
maintained by Dr. Malancharuvil during the life of this
agreement and any extensions thereof. Upon termination
of this agreement, Dr. Malancharuvil shall transfer
such files to such persons as the Chief Examiner shall
advise him of in writing. Dr. Malancharuvil shall be
entitled to recover his costs of such transfer.
In the event of an administrative action or litigation
involving a candidate's appeal of the screening
process, Dr. Malancharuvil will provide any testimony
and documentation required to support the Department in
hearings or suits resulting in any way from
recommendations arising from contracted evaluations.
An additional fee will be charged for each hour of
preparation and testimony required.
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