HomeMy WebLinkAbout1991-318
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RESOLUTION NO. 91-318
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE-
3 EMPLOYMENT PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNARDINO POLICE
DEPARTMENT DISPATCH CENTER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNC IL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor is hereby authori zed and directed to execute on
7 behalf of said City an Agreement with The Counseling Team, for providing pre-
8 employment psychological evaluations of applicants to the San Bernardino
9 Police Department Dispatch Center, which agreement is attached hereto, marked
10 Exhibit "A", and incorporated herein by reference as fully as though set forth
11 at length.
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SECTI ON 2.
The authorization to execute the above-referenced
13 agreement is resc i nded if the part i es to the agreement fail to execute it
14 within sixty (60) days of the passage of this resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
16 Mayor and Common Council of the City of San Bernardino at a regular
17 meeting thereof, held on the 15th day of July, 1991, by
18 the following vote, to wit:
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June 18, 1991
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE-
2 EMPLOYMENT PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNARDINO POLICE
DEPARTMENT DISPATCH CENTER.
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Council Members:
AYES
NAYES
ABSTAIN
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5 ESTRADA
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REILLY
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HERNANDEZ
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8 MAUDSLEY
9 MINOR
10 POPE-LUDLAM
11 MILLER
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17 The foregoi ng reso 1 ut ion is hereby approved thi s 16th day of
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July
, 1991.
Res. 91-318
1 AGREEMENT
2 This Agreement, made and entered into at San Bernardino, California, this
3 ~ day of ~~~ , 1991, by and between the City of San
4 Bernardino, a municipal corporation (hereinafter referred to as "CITY"), and
5 The Counseling Team (hereinafter referred to as "CONSULTANT").
6 CITY and CONSULTANT agree as follows:
7 1. Scope of Work.
8 A. CONSULTANT hereby agrees to perform the following services:
9 (1) Perform pre-employment psychological examinations and
10 submit reports as requested by CITY of applicants for positions with
11 the San Bernardino Police Department Dispatch Center to ensure that
12 the applicant is free from job-related psychopathology, including
13 personality disorders. This determination shall be made by a
14 qualified professional as defined in Government Code Section
15 1031(f).
16 (2) Psychological suitability shall be determined, in part, on
17 the basis of objective psychological test score information as
18 defined in Government Code Section 1031(f); and, at a minimum, two
19 psychological tests shall be used--one that is oriented to the
20 i dent i fi cat i on of patterns of abnormal behavi or and another that is
21 oriented to the assessment of normal behavior.
22 (3) All final recommendations to disqualify candidates for
23 psychological unsuitability shall be based, in part, on a clinical
24 interview conducted by a qualified professional as defined in
25 Government Code Section 1031(f); all individuals for whom the
26 psychological test data are inconclusive shall be interviewed.
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June 18, 1991
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(4) Any reference herei n to Government Code Sect i on 1031 (f)
and the requirements therein refer to any employment appl icant for
the San Bernardino Police Department Dispatch Center and is not
limited to those applicants for employment as a Dispatcher.
(5) The San Bernardino Police Department reserves the right to
set standards creat i ng the psycho 1 ogi ca 1 profil e of acceptabil ity
for employment within the Dispatch Center.
B. Each written report by CONSULTANT shall also be accompanied by
an "Authorization for Release of Medical Information by a Provider of
Health Care" in a form consistent with the provisions of California Civil
Code Section 56.11.
C. CONSULTANT shall be available for consultation with respect to
any of their examinations and reports and shall submit supplemental
reports as requested by CITY.
Confidentiality to be Assured.
CONSULTANT shall maintain the confidentiality of all applicants
referred for evaluation. CONSULTANT shall assure that all personal
information imparted by an applicant will be respected and safeguarded.
Such information may be used only in a professional manner for the
purpose of helping to determine an applicant's ability to perform the jOb
he/she is applying for. CONSULTANT'S records shall be kept secure in
accordance with the code of ethi cs of the profess i on, F edera 1
regulations, and State laws. CONSULTANT shall maintain in good order a
fire and burglar alarm system to protect its records.
Term.
This agreement shall commence on July 1, 1991, and terminate on
June 30, 1992.
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June 18, 1991
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Provisions for Payment.
A. Rate of Compensation:
(1) CITY agrees to pay CONSULTANT the sum of $125.00 for each
pre-employment psychological examination and report performed by
CONSULTANT at the request of CITY.
B. Manner of Compensation:
(1) CONSULTANT shall mai ntai nand fil e wi th the Po lice
Department a monthly record of services performed.
(2) The Police Department shall submit a claim or request for
payment based on such record to the Finance Department in such
manner that CONSULTANT shall be paid monthly.
(3) CONSULTANT shall assume and pay all out-of-pocket expenses
and costs of performi ng servi ces under thi s agreement excepted as
otherwise specifically provided herein, and CITY shall not be liable
for any such costs and expenses.
Amendments.
This agreement may be amended or modified only by written agreement
executed by both parties.
Assignment.
CONSULTANT'S rights under this agreement shall not be assigned by
CONSUL TANT to any other person, firm or corporation without the prior
written consent of the CITY.
Relationship Of Parties.
CONSUL TANT is act i ng as an independent contractor, and not as an
employee of the CITY. In the performance of personal services pursuant
to the provisions of this agreement, CONSULTANT shall not be supervised,
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June 18, 1991
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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 detail s and procedures to accompli sh such obj ect i ves or goals.
CONSULTANT 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.
Hold Harmless.
CONSULTANT hereby agrees to, and shall, defend, indemnify, and hold
harmless CITY, its elective and appointive boards, commissions, officers,
agents and employees from any liability, claim suit or actions at law or
in equ i ty for damages i nc 1 udi ng personal i nj ury or death, caused or
alleged to have been caused by reason of CONSULTANT'S performance under
this agreement, including any claims that may arise against CITY by
reason of CONSULTANT'S legal relationship with CITY being categorized as
other than that of an independent contractor.
Insurance.
CONSULTANT sha 11 provi de to CITY evi dence of insurance coveri ng
CONSULTANT and CITY as an additional insured as to any potential
liability to CONSULTANT 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 consist of the following:
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June 18, 1991
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A. Workers' Compensation.
CONSUL TANT 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 CONSULTANT, including coverage for professional
errors and omissions, in a combined single limit of not less than
$1,000,000.00 per person.
C. Certificate of Insurance
The Certificate of Insurance shall provide that the CITY shall
be notified, in writing, thirty (30) days prior to any cancell ation
or reduction in the above insurance coverages.
Attorney's Fees.
I n the event an act i on is fil ed by either party to enforce rights
under this agreement, the prevail ing party shall be entitled to recover
reasonable attorney's fees in addition to any other relief granted by the
court.
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.
Notices.
Any not ice requi red to be gi ven hereunder shall be deemed to have
been given by depositing said notice in the United States mail, postage
prepaid, and addressed as follows:
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June 18, 1991
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1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNSELING TEAM TO
PROVIDE PSYCHOLOGICAL EVALUATIONS ON APPLICANTS TO THE SAN BERNARDINO POLICE
2 DEPARTMENT DISPATCH CENTER.
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CITY
Chief of Police
Police Department
466 West 4th Street
San Bernardino, CA 92401
CONSULTANT
The Counseling Team
Dr. Nancy K. Bohl, Ph.D.
225 West Hospitality Lane
Suite 100
San Bernardino, CA 92408
7 13. Entire Agreement.
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This contract constitutes the entire agreement between CITY and
CONSULTANT and may be modified only by further written agreement between
the parties.
10 IN WITNESS WHEREOF, this agreement has been executed by the parties
effective as of the date and year first above written.
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ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
r-,
r.,i. . . ./\'
..A,.f.~f.-, 1\/u', L ,.
City Clerk'
LJ//
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THE COUNSELING TEAM
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21 Approved as to form
and legal content:
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JAMES F, PENMAN
23 City Attorney
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June 18, 1991
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