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CITY OF SAN BERNJ;ADINO - REQUEST FC:lR COUNCIL ACTION
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From: DANIEL A. ROBBINS
CHIEF OF POLICE
Dept: POLICE
Date: JUNE 18, 1991
Subj~: RENEWAL OF AGREEMENT BETWEEN CITY OF
SAN BERNARDINO AND THE COUNSELING TEAM
TO PROVIDE PRE-EMPLOYMENT PSYCHOLOGICAL
EXAMINATION OF POLICE DISPATCHER
CANDIDATES
Synopsis of Previous Council action:
The Mayor and Common Council adopted resolution #90-394, on September 17, 1990,
authorizing an agreement with The Counseling Team to provide pre-employment
psychological evaluations of applicants to the San Bernardino Police Department
Dispatch Center.
Recommended motion:
Adopt -Resolution.
Contect person: Thomas D. Maier, Li eutenant
Phone: 384-5695
Supporting date BttBched:
$lZ!l.UU Per
Amount: Evaluation
Ward:
FUNDING REQUIREMENTS:
Source:
001-224-53150
~yj~
Finance:
Council Notes:
75-0262
Agenda Item No
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CITY ,OF SAN BERN~DINO - REQUEST FC)R COUNCIL ACTION
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STAFF REPORT
The City of San Bernardino entered into a contractual agreement with The
Counseling Team which provides for pre-employment testing of candidates
applying for the position of Police Dispatcher, to determine psychological
suitabil ity.
The agreement commenced on September 17, 1990, and terminates on
July 31, 1991.
The Counseling Team has adhered to all terms of the agreement and the level
and quality of service has been satisfactory.
The need for pre-employment testing of police dispatcher candidates is on-
going, to continue to insure the psychological suitability of those persons
apply for the position. In the near future this will be a mandate for
certification through Police Officers Standards and Training (POST),
which includes reimbursement for training.
6-18-91
15.0264
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RESOLUTION NO.
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 COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTI ON 1.
The Mayor is hereby authori zed and directed to execute on
behalf of said City an Agreement with The Counseling Team, for providing pre-
employment psychological evaluations of applicants to the San Bernardino
9 Pol ice 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 1 ength.
12 SECTION 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 foregoi ng reso 1 ut i on was duly adopted by the
16 Mayor and Common Council of the City of San Bernardino at a
17 meet i ng thereof, held on the
18 the following vote, to wit:
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day of
, 1991, by
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June 18, 1991
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1 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.
AYES
NAYES
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
C ITY CLERK
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. HOMCOMB, MAYOR
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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June 18, 1991
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June 18, 1991
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AGREEMENT
This Agreement, made and entered into at San Bernardino, California, this
day of , 1991, by and between the City of San
Bernardino, a municipal corporation (hereinafter referred to as "CITY"), and
The Counseling Team (hereinafter referred to as "CONSULTANT").
CITY and CONSULTANT agree as follows:
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 Pol ice Department Di spatch Center to ensure that
the appl i cant is free from job-related psychopathology, i ncl udi ng
personality disorders. This determination shall be made by a
qualified professional as defined in Government Code Section
1031(f).
(2) Psychological suitability shall be determined, in part, on
the basis of objective psychological test score information as
defined in Government Code Section 1031(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 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.
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(4) Any reference herein to Government Code Section 1031(f)
and the requi rements therei n refer to any employment app 1 i cant for
the San Bernardino Pol ice 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 creati 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 appl icant 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
regul ations, and State 1 aws. CONSUL TANT shall mai ntai n in good order a
fire and burglar alarm system to protect its records.
Term.
26 This agreement
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June 18, 1991
shall commence on July 1, 1991, and terminate on
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1 4. Provisions for Payment.
2 A. Rate of Compensation:
3 (1) CITY agrees to pay CONSULTANT the sum of $125.00 for each
4 pre-employment psychological examination and report performed by
5 CONSUL TANT at the request of CITY.
6 B. Manner of Compens at i on:
7 (1) CONSULTANT shall maintain and file with the Pol ice
8 Department a monthly record of services performed.
9 (2) The Police Department shall submit a claim or request for
10 payment based on such record to the Fi nance Department in such
11 manner that CONSULTANT shall be paid monthly.
12 (3) CONSULTANT shall assume and pay all out-of-pocket expenses
13 and costs of performing servi ces under thi s agreement excepted as
14 otherwise specifically provided herein, and CITY shall not be liable
15 for any such costs and expenses.
16 5. Amendments.
17 This agreement may be amended or modified only by written agreement
18 executed by both parties.
19 6. Assignment.
20 CONSULTANT'S rights under this agreement shall not be assigned by
21 CONSUL TANT to any other person, firm or corporation without the prior
22 written consent of the CITY.
23 7. Relationship Of Parties.
24 CONSUL TANT is act i ng as an independent contractor, and not as an
25 employee of the CITY. In the performance of personal services pursuant
26 to the provisions of this agreement, CONSULTANT shall not be supervised,
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1 directed, or under the control or authority of any CITY officer or
2 employee, except and to the extent as may be expressly or implicitly
3 required by the terms and provisions of this agreement. Any direction or
4 control so required under this agreement shall be 1 imited to broad
5 objectives or goals of the project or program to be accomplished and not
6 to the detail s and procedures to accompl i sh such objecti ves or goals.
7 CONSULTANT shall not be obligated to conform to the supervision or
8 direction of CITY officers or employees which are not authorized herein.
9 Changes or modifications of said objectives and goals may be made by
10 written recommendations of either party subject to the concurrence of the
11 other party in writing.
12 8. Hold Harmless.
13 CONSULTANT hereby agrees to, and shall, defend, indemnify, and hold
14 harmless CITY, its elective and appointive boards, commissions, officers,
15 agents and employees from any 1 i abil ity, cl aim suit or acti ons at 1 aw or
16 in equity for damages including personal injury or death, caused or
17 all eged to have been caused by reason of CONSULTANT'S performance under
18 this agreement, including any claims that may arise against CITY by
19 reason of CONSULTANT'S legal relationship with CITY being categorized as
20 other than that of an independent contractor.
21 g. Insurance.
22 CONSULTANT shall provide to CITY evidence of insurance covering
23 CONSULTANT and CITY as an additional insured as to any potential
24 liability to CONSULTANT and CITY. The evidence to be provided shall be a
25 Certificate of Insurance describing the coverage provided and naming CITY
26 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 provi de proof of workers' compensat i on
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 cancellation
or reduction in the above insurance coverages.
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.
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 noti ce required 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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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
Entire Agreement.
This contract constitutes the
CONSULTANT and may be modified only
the parties.
entire agreement between CITY and
by further written agreement between
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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 the
State of California
By
W. R. Holcomb, Mayor
City Clerk
THE COUNSELING TEAM
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and legal content:
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By
Dr. Nancy K. Bohl, Ph.D.
Director
JAMES F. PENMAN
City Attorney
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June 18, 1991
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