HomeMy WebLinkAbout1998-119
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RESOLUTION NO. 98-119
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH DR. 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:
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SECTION 1.
The Mayor of the city of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with Dr. Joseph Ma1ancharuvil for the
9 purpose of conducting psychological examinations for the
10 Police Department, copy of which is attached hereto, marked
11 Exhibit "A", and incorporated herein by reference as fully as
12 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 fully
16 executed and no oral agreement relating thereto shall be
17 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19 referenced agreement is rescinded if the parties to the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
joint
24 Bernardino at a regular meeting thereof, held on the 18th
25 day of May , 1998, by the following vote, to wit:
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98-1
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2 RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. JOSEPH
MALANCHARUVIL TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
3 POLICE DEPARTMENT.
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COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
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ESTRADA
6 LIEN X
7 ARIAS X
8 SCHNETZ X
9 DEVLIN X
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10 ANDERSON X
11 MILLER X
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C TY CLERK
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~,h~he foregoing resolution is hereby approved this
/r7'A day of May , 1998.
Valles, Mayor
San Bernardino
22 Approved as to
form and legal content:
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JAMES F. PENMAN
25 City Attorney
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98-119
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EXHIBIT A
AGREEMENT
THIS AGREEMENT is made and entered into at San Bernardino
4 California, this 11/i day of ~ 1998, by and between the
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CITY OF SAN BERNARDINO, a municipal corporation hereinafter
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called "CITY", and Dr. Joseph Malancharuvil, Ph.D., a
Psychological Corporation, hereinafter referred to as
"Malancharuvil".
The parties agree as follows:
1.
ScoDe of work:
A. At the discretion of the Chief of Police and
the Chief Examiner, MALANCHARUVIL hereby agrees to
perform the following services:
1. Perform
examinations and
CITY.
pre-employment
submi t reports as
psychological
requested by
2. Perform fitness for duty examinations and
submit reports as requested by CITY.
3.
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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2.
Term
The term of this agreement shall commence on April
1, 1998, and terminate on March 31, 1999.
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.
4.
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
the Chief
performed.
(1) MALANCHARUVIL shall maintain and file with
Examiner a monthly record of services
(2) The Chief Examiner shall submit a claim or
request for payment based on such record to the Finance
Department in such manner that MALANCHARUVIL shall be
paid monthly.
(3) MALANCHARUVIL shall assume and pay all
out-of-pocket expenses and costs of performing services
under this agreement except as otherwise specifically
provided herein, and CITY shall not be liable for any
such costs and expenses.
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Amendments
This agreement may be amended or modified only
by written agreement executed by both parties.
6.
Assianment
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
objectives and goals may be made by written
recommendations of either party subject to the
concurrence of the other party in writing.
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.
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98-119"
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9.
Insurance
3 MALANCHARUVIL shall provide to CITY evidence of
insurance covering MALANCHARUVIL and CITY as an
4 additional insured as to any potential liability to
MALANCHARUVIL and CITY. The evidence to be provided
5 shall be a certificate of Insurance describing the
coverage provided and naming CITY as an additional
6 insured. The insurance shall require the City to be
notified of any change or termination ten (10) days in
7 advance, and shall consist of the following:
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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
omissions, in a combined single limit of not less
than $1,000,000.00 per person.
10. Attornevs' 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.
22 11. Termination of Aqreement
23 Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days
24 advance written notice of termination to the other party.
25 12. Notices
26 Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in
27 the united states mail, postage prepaid, and addressed as
follows:
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Chief Examiner
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Joseph Malancharuvil, Ph.D
303 E. Vanderbilt, suite 260
San Bernardino, CA 92408
13. Entire Aareement
This agreement constitutes the entire agreement
between CITY and MALANCHARUVIL and may be modified only
by further written agreement between the parties.
IN WITNESS WHEREOF, this agreement has been executed
by the parties effective as of the date and year above
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written.
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CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
12 ATTEST:
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City Clerk
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21 Approve as to form
and Legal Content:
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24 JAMES F. PENMAN,
City Attorney
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BY:
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BY:
Judith Valles, Mayor
Joseph Malancharuvil, Ph. D.
~ ,~../I '/
BY: . p4J{.~~fi-..Ii_,<kit,/(
;; Joseph Malanc~aruvi/l, Ph.D.
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98-119
EXHIBIT 1
Police Officers
Methods of Assessment in Examinations:
Two main methods will be used in examinations. They are
as follows:
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 personal i ty, experience, and abil i ty, and the
candidate's abil i ty 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.I above.
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
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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's appeal of the screening process,
Dr. Mal ancharuvi 1 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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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 shorter notice to be
followed immediately by a written confirmation.
98-119
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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.
98-119
SEPTEMBER 02, 1997
NAME:
POLICY NUMBER:
POLICY DESCRIPTION:
EFFECTIVE DATE:
EXPIRATION DATE:
JOSEPH M MALANCHARUVIL PHD PC
45P-2012397
APAIT PROFESSIONAL LIABILITY
08/01/97
08/01/98
Professional Liability coverage is provided under your policy/certificate with
Limits of Liability of $1,000,000 each incident and $3,000,000 annual aggregate.
The~imits of liability stated as aggregate shall apply separately to any individual
listed below as an owner or employee and any corporation or professional association
listed as the Named Insured.
Coverage does not apply to claims or incidents arising out of services performed
as a physician, surgeon, physician's assistant, or surgeon's assistant. These
professionals must maintain their own medical malpractice insurance.
The following persons are owners, sole proprietors, partners, or corporate officers
in the Named Insured firm:
JOSEPH M MALANCHARUVIL PHD
This notice is for informational purposes only and is not part of the insurance
policy/certificate nor does it amend, extend or alter the terms, exclusions and
conditions of the insurance policy/certificate.
~
Kirke-Van Orsdel, Incorporated
1776 West Lakes Parkway West Des Moines, IA 50398
KVSl02.FSl
98-119
Kirke-Van Orsdel Specialty
1776 West Lakes Parkway _ West Des Moines, Iowa 50398
June 19, 1998
JOSEPH M MALANCHARUVIL PHD PC
3137 VALENCIA AVENUE
SAN BERARDINO CA 92404
Insurance Number: 45P-2012397
Dear Dr. Malancharuvil:
Enclosed please find the endorsement showing the recent changes to your policy.
Please attach this document to the above referenced policy.
If you have any questions regarding this matter, please do not hesitate to contact our
office at 1-800-852-9987.
Sincerely,
/,:~?! j _ /~ ./:J
\,~~ c c:/,J ~~ LJJ IT~
Rhonda Pooley
Liability & Specialty Operations
Enclosure
P.S. For faster service, please include your insurance number on all inquiries sent to our
office.
'(Z~ a division of Kirke-Van Orsdel, Incorporated
,-,~/......
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ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
In consideration of the premium charged, the "Designated Entity" or "Designated Entities" shown below
shall be included as additional insured(s), but only as respects claims arising out of the sole negligence of
the individual or entity specified in the Persons Insured section of the policy.
Additional Definition:
"Designated Entity" or "Designated Entities" as used in this endorsement shall mean:
DEPARTMENT OF POLICE & FIRE CITY OF SAN BERNARDINO
- 300 NORTH D STREET
SAN BERNARDINO CA 92418
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
I
NAME ADDRESS
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,
,
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1 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
The premium for this endorsement is included in the premium shown on Additional Premium $ 21.48
the declarations unless a specific amount is shown here. Return Premium $
ENDORSEMENT NO.: 01 Effective: 06/02/98
Is attached to and forms part of your evidence of insurance no.: 45P-2012397
Issued by: the Company named in the Declarations
Executive Offices: 55 E. Monroe Street
Chicago. Illinois 60603
Insured: JOSEPH M MALANCHARUVIL PHD PC
Date Issued: Authorized Representative:
6/19/98 .J6;..A '^ e ;G4tcrv.
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98-119
PLE-8003 (2188) (Ed. 09193) (Elec) RP