HomeMy WebLinkAbout1990-394
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RESOLUTION NO. 9h - 3'7/
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTICN OF AN AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE-
3 EMPLOYMENT PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNARDINO POLICE
DEPAR'IMENT DISPATCH CENTER.
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BE IT RESOLVED BY THE MAYOR AND CCM1CN COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLCWS:
SECTICN 1.
The Mayor is hereby authorized and directed to execute on
behalf of said City an Agreerrent with The Counseling Team, for providing pre-
8 employment psychological evaluations of applicants to the San Bernardino
9 Police Department Dispatch Center, which agreerrent 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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SECTICN 2.
The authorization to execute the above-referenced
13 agreerrent is rescinded if the parties to the agreerrent fail to execute it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 Conmon Council of
the City of San Be~dinO at a ./t<:l",~~J
/~.,~/ct; ,1990,
by the
17 rreeting thereof, held on the /,7/1 day of
18 following vote, to wit:
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26 I I I I
27 I I I I
28 I I I I
August 27, 1990
1 Council Members:
2 ESTRADA
3 REILLY
4 FLCRES
5 MAUDSLEY
6 MINOR
7 POPE-LUDLAM
8 MILLER
AYES
NAYES
ABSTAIN
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,vt~ /\~_"/FU.A.-t/
\ CITY CLERK J
14 The foregoing resolution is hereby approved this //fL day of
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. 1990.
21 Approved as to form
and legal content:
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JAMES F. PENMAN
23 City Attorney
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AGREEMENT
THIS AGREEMENT, made and entered into at San Bernardino,
California, this
.:?/ic!
@e7i/pu'
, 1990, by and
day of
between the City of San Bernardino, a municipal corporation
(hereinafter referred to as "CITY"), and The Counseling team
(hereinafter referred to as "CONSULTANT").
1. Scope of Work.
A. CONSULTANT hereby agrees to perform the following
services:
(1) Perform pre-employment psychological
examinations and submit reports as requested by CITY
of applicants for positions with the San Bernardino
Police Department Dispatch center to ensure that the
applicant is free from jOb-related psychopathology,
including personality disorders.
This determination
shall be made by a qualified professional as defined
in Government Code Section 103l(f).
(2) Psychological suitability shall be
determined, in part, on the basis of objective
psychological test score information as defined in
Government Code Section 103l(f); and, at a minimum,
two psychological tests shall be used--one that is
oriented to the identification of patterns of abnormal
behavior and another that is oriented to the
assessment of normal behavior.
(3) All final recommendations to disqualify
candidates for psychological unsuitability shall be
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based, in part, on a clinical interview conducted by a
qualified professional as defined in Government Code
Section 1031(f); all individuals for whom the
psychological test data are inconclusive shall be
interviewed.
(4) Any reference herein to Government Code
Section 1031(f) and the requirements therein refer to
any employment applicant for the San Bernardino Police
Department Dispatch Center and is not limited to those
applicants for employment as a Dispatcher.
(5) City of San Bernardino through its Civil
Service Board reserves the right to set standards
creating the psychological profile of acceptability
for employment within the Dispatch center.
B. Each written report by CONSULTANT shall also 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.
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
through its Civil Service Board or the Chief Examiner.
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
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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
ethics of the profession, Federal regulations, and State
laws. CONSULTANT'S shall maintain in good order a fire and
burglar alarm system to protect its records.
3. Term.
This agreement shall commence on September 17, 1990,
and terminate on June 31, 1991.
4. Provision 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 maintain and file with the
Police Department a monthly record of services
performed.
(2) The Civil Service Board Chief Examiner 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 performing services under
this agreement except as otherwise specifically
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1 provided herein, and CITY shall not be liable for any
2 such costs and expenses.
3 5. Amendments.
4 This agreement may be amended or modified only by
5 written agreement executed by both parties.
6 6. Assignment.
7 CONSULTANT'S rights under this agreement shall not be
8 assigned by CONSULTANT to any other person, firm or
9 corporation without the prior written consent of the CITY.
10 7. Relationship of Parties.
11 CONSULTANT is acting as an independent contractor, and
12 not as an employee of the CITY. In the performance of
13 personal services pursuant to the provisions of this
14 agreement, CONSULTANT shall not be supervised, directed, or
15 under the control or authority of any CITY officer or
16 employee, except and to the extent as may be expressly or
17 implicitly required by the terms and provisions of this
18 agreement. Any direction or control so required under this
19 agreement shall be limited to broad objectives or goals of
20 the project or program to be accomplished and not to the
21 details and procedures to accomplish such objectives or
22 goals. CONSULTANT shall not be obligated to conform to the
23 supervision or direction of CITY officers or employees
24 which are not authorized herein. Changes or modifications
25 of said objectives and goals may be made by written
26 recommendations of either party subject to the concurrence
27 of the other party in writing.
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8. Hold Harmless.
CONSULTANT hereby agrees to,
lndemnlfy, and hold harmless CITY,
and shall, defend,
ltS e1ectlve and
appolntlve boards, commlsslons, offlcers, agents and
employees from any llabl1lty, c1alm, SUlt or actlons at law
or In equlty for damages lnc1udlng personal lnjury or
death, caused or alleged to have been caused by reason of
CONSULTANT'S performance under thls agreement, lnc1udlng
any c1alms that may arlse agalnst CITY by reason of
CONSULTANT'S legal re1atlonshlp wlth CITY belng categorlzed
as other than that of an lndependent contractor.
9. Insurance.
CONSULTANT shall provlde to CITY eVldence of lnsurance
coverlng CONSULTANT and CITY as an addltlona1 lnsured as to
any potentla1 llabl1lty to CONSULTANT and CITY. The
eVldence to be provlded shall be a Certlflcate of Insurance
descrlblng the coverage provlded and namlng CITY as an
addltlona1 lnsured. The lnsurance shall conslst of the
fo11owlng:
A. Workers' Compensatlon.
CONSULTANT shall provlde proof of workers'
compensatlon lnsurance coverage for all of ltS
employees pursuant to thls agreement. EVldence of
such lnsurance shall be furnlshed to CITY'S Rlsk
Management Dlvlslon prlor to commencement of thls
agreement.
B. Professlona1 Llabl1lty Insurance.
Professlona1 llabl1lty lnsurance coverlng the
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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 cancellation or reduction in the
above insurance coverages.
10. Attorney's 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.
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:
CITY
CONSULTANT
Civil Service Board
Chief Examiner
300 North "D" Street
San Bernardino, CA 92418
The Counseling Team
Dr. Nancy K. Bohl, Ph.D.
225 West Hospitality Lane
Suite 100
San Bernardino, CA 92408
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13. Entire agreement.
This contract constitutes the entire agreement between
CITY and CONSULTANT 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 first above written.
ATTEST:
BY:~~
"ty Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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JFW:br[Consulta.Agr]
CITY OF SAN BERNARD
Municipal Corpor
State of Calif n~a
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NO, a
n of the
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THE COUNSELING TEAM
By:
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