HomeMy WebLinkAbout1989-401
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RESOLUTION NO.
89-401
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM
3 FOR PROVIDING PRE-EMPLOYMENT PSYCHOLOGICAL EVALUATION OF
APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT DISPATCH
4 CENTER.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor is hereby authorized and directed
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to execute on behalf of said City an Agreement with The
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Counseling Team, for providing pre-employment psychological
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evaluations of applicants to the San Bernardino Police Department
Dispatch Center, which agreement is attached hereto, marked
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Exhibit "A", and incorporated herein by reference as fully as
though set forth at length.
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SECTION 2.
The authorization to execute the above-
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referenced agreement is rescinded if the parties to the
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agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
2nd day of
October
, 1989, by the following vote, to
wit:
AYES:
Estrada. Reilly. Flores. Maudsley. Minor. Miller
NAYS: None
ABSENT:
Pope-Ludlam
~?L?/~?b
City/Clerk
HE/dys
September 29, 1989
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1 RESOLUTION...AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE-EMPLOYMENT
2 PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNARDINO
POLICE DEPARTMENT DISPATCH CENTER.
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The foregoing resolution is hereby approved this r~
of (')~ 1989.
day
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9 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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By:rJ~ 1- ~
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HEjdys
September 29, 1989
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AGREEMENT
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This Agreement, made and entered into at San Bernardino,
3 California, this Ic2-fIJ day of ()~ , 1989, by and
between the City of San Bernardino, a municipal corporation
4 (hereinafter referred to as "CITY"), and The Counseling Team
(hereinafter referred to as "CONSULTANT").
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CITY and CONSULTANT agree as follows:
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1. Scope of Work.
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A. CONSULTANT hereby agrees to perform the following
services:
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(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 1031(f).
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(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.
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(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.
(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) The San Bernardino Police Department
reserves the right to set standards creating the
psychological profile of acceptability for employment
within the Dispatch Center.
HEjdys
September 29, 1989
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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.
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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.
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2. Confidentiality to be Assured.
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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
ethics of the profession, Federal regulations, and State
laws. CONSULTANT shall maintain in good order a fire and
burglar alarm system to protect its records.
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3. Term.
This agreement shall commence on October 2, 1989, and
terminate on July 31, 1990.
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 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 performing services under
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September 29, 1989
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this agreement except as otherwise specifically
provided herein, and CITY shall not be liable for any
such costs and expenses.
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3 5. Amendments.
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This agreement may be amended or modified only by
written agreement executed by both parties.
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6. Assignment.
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CONSULTANT'S rights under this agreement shall not be
assigned by CONSULTANT to any other person, firm or
corporation without the prior written consent of the CITY.
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7. Relationship Of Parties.
CONSULTANT is acting 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, 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. 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.
8. Hold Harmless.
CONSULTANT hereby agrees to, and shall, defend,
20 indemnify, and hold harmless CITY, its elective and
appointive boards, commissions, officers, agents and
21 employees from any liability, claim, suit or actions at law
or in equity for damages including personal injury or
22 death, caused or alleged to have been caused by reason of
CONSULTANT'S performance under this agreement, including
23 any claims that may arise against CITY by reason of
CONSULTANT'S legal relationship with CITY being categorized
24 as other than that of an independent contractor.
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HE/dys
September 29, 1989
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1 9. Insurance.
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CONSULTANT shall provide to CITY evidence of insurance
covering 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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A.
Workers' Compensation.
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CONSULTANT 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.
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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.
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.
22 11. Termination of Agreement.
23 Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days advance
24 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 the
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HE/dys
September 29, 1989
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United states mail, postage prepaid, and addressed as
follows:
CITY
Chief of Police
Police Department
466 West 4th street
San Bernardino, CA 92401
CONSULTANT
The Counseling Team
Dr. Nancy K. Bohl, Ph.D.
1881 Commerce Center East
Suite 100
San Bernardino, CA 92408
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:
CITY OF SAN BERNARDINO, a
Municipal Corpor on of the
State of Calif a
~~#/
elty Clerk
THE
UNSELING TEAM
ohl, Ph. D. ,
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~7. ,~
o
HEjdys
September 29, 1989
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