HomeMy WebLinkAbout2010-228
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Resolution No. 2010-228
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO EXECUTING A SERVICE AGREEMENT WITH THE COUNSELIN
TEAM INTERNATIONAL TO PERFORM PRE-EMPLOYMENT PSYCHOLOGIC
EVALUATIONS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3)
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the City Manager of the City of San Bernardino is hereby authorized and directed to execute 0
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behalf of said City an Agreement with The Counseling Team International (TCTn to provid
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pre-employment psychological evaluations for CITY police safety employees and occasiona
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secondary back-up for Fire and other City employees. A copy of the Agreement is attache
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hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth a
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length.
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SECTION 2. Pursuant to this determination, the Director of Finance or hislheJ deslgne
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is hereby authorized to increase the Purchase Order with TCTI by $6,500 not to excee
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$49,250.00, with three (3), one-year extensions at the City's option. The Purchase Order shal
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reference this Resolution No.~~~_zS" nd shall read "The Counseling Team International fo
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the provision of employee pre-employment psychological examinations," and shall incorporat
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the terms and conditions of the Professional Services Agreement.
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SECTION 3. The authorization to execute the above referenced is rescinded if it is no
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issued within sixty (60) days of the passage of this resolution.
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III
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11/
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2010-228
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO EXECUTING A SERVICE AGREEMENT WITH THE COUNSELIN
TEAM INTERNATIONAL TO PERFORM PRE-EMPLOYMENT PSYCHOLOGIC
EVALUATIONS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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the Common Council of the City of San Bernardino at a ioint regular meeting thereof, he1
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6th
day of July
, 2010, by the following vote, to wit:
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COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT
MARQUEZ X
DESJARDINS X
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
MCCAMMACK X
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a~h.~
RacI1eI G. Clark, City Clerk
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pm
day of
The foregoing resolution IS hereby approved this
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July
,2010.
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Patric J. Morris,
. f San Bernardino
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Approved as to form:
22 JAMES F. PENMAN,
City Attorney
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2010-228
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is entered into this 1st day of July, 2010, by and
between The Counseling Team International ("TCTI"), and the City of San Bernardino
("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to acquire pre-employment physical psychological testing
for the San Bernardino Police Safety Officers and occasional secondary back-up for Fire and
other CITY employees;
NOW, THEREFORE, the parties hereto agree as follows:
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SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of TCTI to provide
those products and services as follows:
A. At the discretion of the Human Resources Director or designee, TCTI hereby
agrees to perform the following services:
1) Perform pre-employment psychological examinations and submit reports as
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requested by CITY.
2) Provide court testimony as requested by CITY.
Each written report by TCTI 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.
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2010-228
C.
TCTI shall be available for consultation with respect to any of its examinations
and reports and shall submit supplemental reports as requested by CITY.
Delegation of Assignment: This is a professional services agreement and the
duties set forth herein shall not be delegated or assigned to any person or entity
without the prior written consent of the CITY. TCTI may engage a
subcontractor(s) as permitted by law and may employ other personnel to perform
services contemplated by this agreement at their sole cost and expense. Only Dr.
Kathleen Wellbrock, Clinical Psychologist under contract with TCTI, shall
provide pre-employment police safety evaluations on behalf of the CITY.
Methods of Assessment in Examinations: Police Officers
Two main methods will be used in examinations. They are as follows:
1) Use of structured clinical interviews performed with each candidate in pre-
employment examinations. Included in the interview will be both
psychodiagnostic information used in assessment of emotional, mental and
behavioral stability and 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 hislher dealing with subjects, suspects, and other police
personnel, especially command; strengths and weaknesses in the candidate's
personality, experience, and ability, and the candidate's ability to
acknowledge areas needing improvement; and finally ability to communicate
assertively under differing conditions.
D.
E.
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2010-228
2) Use of Psychological Test Instruments in Examination: Police Officers. Two
personality profile tests will be administered to each candidate. They are the
Minnesota Multiphasic Personality Inventory (MMP1) and the California
Psychological Inventory (CPI).
F. Report to the Human Resources Director
Pre-employment Examinations:
Within two (2) weeks following completion of examinations a written report will
be made to the Human Resources Director which will document work relevant
information, including justification for recommendations. Two response
categories will be provided: Pass or Fail. TCTI shall directly contact only the
Human Resources Director or designee, and shall communicate only as to the
need of data specific to the criteria used in D.1 above.
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 TCTI during the life of this agreement and five (5) years
thereafter, TCTI shall transfer such files to such persons as the Human Resources
Director or designee shall advise himlher of in writing. TCTI shall be entitled to
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recover the costs of such transfer.
In the event of an administrative action or litigation involving a candidate's
appeal of the screening process, TCTl 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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COMPENSATION AND EXPENSES.
A. For the services delineated above, the CITY, upon presentation of an invoice,
shall pay TCTI the amount of monthly invoices for services rendered during the
previous month. Invoices shall include task description, the number of hours
spent on each task, and applicable hourly rate.
Rate of Compensation
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C.
1) CITY agrees to pay TCTI the sum of $250.00 for each pre-employment
psychological examination at the request of CITY.
2) CITY agrees to pay TCTl the sum of $400.00 for preparation and court
testimony performed by TCTI at the request of CITY upon reasonable notice.
3) CITY agrees that there will be no charge for appointments cancelled without
the customary 24-hour notice.
Marmer of Compensation
1) TCTI shall maintain and file with the Human Resources Director on a
monthly basis a record of services performed.
2) The Human Resources Director or hislher designee shall submit a claim or
request for payment based on such record to the Finance Department in such
marmer that TCTI shall be paid monthly.
3) TCTI 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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2010-228
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D. No other expenditures made by TCTI shall be reimbursed by CITY.
TERM.
The term of this Agreement shall be for a period of one (1) year with two (2), one (I)
year extensions at the City's option.
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This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
TCTI agrees to and shall indemnifY and hold the CITY, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of TCTI, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the CITY, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, TCTI agrees to protect and defend at its
own expense, including attorneys' fees, the CITY, its elected officials, employees, agents or
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representatives from any and all legal actions based upon such actual or alleged acts or
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omissions. TCTI hereby waives any and all rights to any types of express or implied indemnity
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against the CITY, its elected officials, employees, agents or representatives, with respect to
third party claims against TCTI relating to or in any way connected with the accomplishment of
the work or performance of services under this Agreement.
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2010-228
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INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, TCTI
shall maintain in effect policies of comprehensive public, general and automobile liability
insurance, in the amount of $1,000,000.00 combined single limit, and statutory Workers'
Compensation coverage in accordance with the laws of the State of California. TCTI shall
maintain professional malpractice insurance for professional negligence, including errors,
omissions, or other professional acts in the amount of $100,000.00. TCTI shall file
Certificate( s) of Insurance with the CITY's Risk Manager prior to undertaking any work under
this Agreement. CITY shall be set forth as an additional named insured in each Certificate of
Insurance provided hereunder. The Certificate(s) of Insurance furnished to the CITY shall
require the insurer to notify CITY of any change or termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
TCTI shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. CONFIDENTIALITY.
TCTI understands and agrees that CITY, as a public entity, can maintain TCTI's
confidentiality only to the extent that doing so does not conflict with its duties under the
California Public Records Act, the Ralph M. Brown Act or any other requirement of law,
regulation, rule, or court or other government decision.
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1 8. INDEPENDENT CONTRACTOR.
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TCTI shall perform work tasks provided by this Agreement, but for all intents and
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purposes TCTI shall be an independent contractor and not an agent or employee of the CITY.
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TCTI shall secure, at its expense, and be responsible for any and all payment of Income Tax,
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Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
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other payroll deductions for TCTI and its officers, agents, and employees, and all business
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licenses, if any are required, in connection with the services to be performed hereunder.
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9. NOTICES.
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Any notice to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service, postage prepaid and addressed as follows:
Linn Livingston, Human Resources Director
300 North "D" Street, 2nd Floor
San Bernardino, CA 92418
Telephone: (909) 384-5161
The Counseling Team International
1881 Business Center Drive, Suites 11 & 12
San Bernardino, CA 92408
Telephone: (909) 884-0133
10. ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
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rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
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hereof. The costs, salary and expenses ofthe City Attorney and members ofhislher office in
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enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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ASSIGNMENT.
TCTI shall not voluntarily or by operation of law, assign, transfer, sublet or encumber
all or any part of TCTI's interest in this Agreement without CITY's prior written consent. Any
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attempted assigmnent, transfer, subletting or encumbrance shall be void and shall constitute a
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breach of this Agreement and cause for the termination of this Agreement. Regardless of
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CITY's consent, no subletting or assigmnent shall release TCTI of its obligation to perform all
other obligations to be performed by TCTI hereunder for the term of this Agreement.
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VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
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HEADINGS.
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
provIsIOns.
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SEVERABILITY.
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If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter
ofthis Agreement. This Agreement may be modified or amended only by a written instrument
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1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
2 Agreement to be executed by and through their respective authorized officers, as of the date first
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above written.
1( r?;;)to
Date:
7/2-1110
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Date:
THE COUNSELING TEAM
INTERNA TION
Name and Title
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2010-228
CURRICULUM VITAE
KATHLEEN D. WELLBROCK
THE COUNSELING TEAM INTERNATIONAL (TCTI)
1881 Business Center Drive
Suite 11
San Bernardino, California 92408
(909) 884-0133 ~
PROFESSIONAL LICENSE
License Number PSYI7906
EDUCATIONAL BACKGROUND
2000 Ph.D. - Clinical Psychology, California School of Psychology, Alhambra,
California
1998 MA - Masters of Arts in Clinical Psychology, California School of Professional
Psychology, Alhambra, California
1995 B.S. -Bachelor of Science, Psychology, University of La Verne, La Verne,
California
1993 AA - Associates of Arts, Behavioral Science, Citrus Community College,
G1endora, California
1994 to
1995
1996 to
1997
1997 to
1998
PROFESSIONAL EXPERIENCE
House of Ruth Domestic Violence Agencv.
Teen Dating Violence Educator
Train staff to facilitate support Groups for teens at various Southern California High
Schools; Assisted in developing and editing the Teen Dating Violence Workshop
Book as well as train high school staff in conducting three day workshops for high
school aged individuals. .
California Po1vtechnic Universitv Counselinp Services, Pomona, California
Clerkship
Conducted psychoeducational assessment on learning disabled Students. Utilized
the Bender-Gestalt, Rey-Osterieth Complex Figure, Sentence Completion, WRA T-
3, Nelson-Denny Reading Test, Wender-Utah Rating Scale, MMPI-2, Woodcock-
Johnson Psycho educational Battery; Report writing, feedback, and
recommendations.
Santa Anita Familv Service. Monrovia, California
Clinical Psychology Intern
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1997 to
1999
1998 to
1999
1999 to
2000
2000 to
Present
2000 to
2002
2002 to
Present
2010-228
Provide individual, conjoint, and family therapy. Co-facilitate multifamily group
and parenting education. Assessment utili7.ing the MMPI-2, Rorschach, Bender-
Gestalt, W AlS, Sentence completion; report writing and feedback.
Museum of Tolerance. Los Angeles, California
Training Consultant Assistant
Conduct a program evaluation and develop assessment measure for the Tools for
Tolerance Law Enforcement Program; evaluate program to assess its effectiveness
in teaching diversity awareness; facilitate focus groups to assess diversity needs of
law enforcement officers; train and consult with staff of the Museum of Tolerance.
Glen Roberts Child Studv Center, Glendale, California
Clinical Psychology Intern
Provide individual, conjoint, and family therapy. Co-Facilitate children's group and
parenting education. Assessment nti1i7.ing the WISC, RATC, Bender-Gestalt,
Figure Drawings, Rorschach, Woodcock-Johnson Psychoeducational Battery,
Wender-Utah Rating Scale, WRAT - 3; Report writing and feedback.
L.A. County Sheriff's Deoartment., Los Angeles, California
Clinical Psychology Intern!Emp1oyee Support Services Bureau
Provided individual, conjoint, and family therapy to Department Members and their
families, crisis intervention and critical incident debriefings. Develop and present
psychoeducational workshops and lectures for sworn and civilian employees.
Conduct Department wide needs assessment for childcare needs for Department
members. -
Adiunct Faculty University of La Verne. La Veme, Califurnia
Adjunct faculty in the Psychology Department at the University of La Verne.
Responsible for teaching various psychology courses in both the undergraduate and
graduate program.
LA County Sheriff's Denartment., Los Angeles, California
Law Enforcement Psychologist for the Employee Support Services Bureau.
Responsible for providing individual, conjoint, and family therapy to Department
members and their families, on-call emergency response and crisis intervention,
critical incident debriefings, officer involved shooting debriefings, workplace
violence and threat assessments, and m'ITl'lgement consultation and training for
sworn and civilian employees. Develop and present psychoeducational workshops
and lectures for sworn and civilian employees. As the MCEP Program Developer,
m""'lge, develop, and implement continuing education workshops for the law
enforcement psychologists consistent with working in the law enforcement arena.
The Counseling Team International (TCID, San Bernardino, California
Provide psychological testing and pre-emp1oyment screening for various law .
enforcement, probation and fire departments. Also, provide marriage, family, and
child counseling to governmental agencies, city personnel and their families.
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1995
1997
1999
2000
2002
2002 to
Present
2009
2004
2004 to
Present
2003
200Z to
Present
2003
2003
2010-228
PRESENTATIONS
Westem Psychololrical Association Conference. Los Angeles, California
The Acceptability of Dating Violence
California School of Professional Psychology. California
Stress, Hardiness, and Trauma-Related Symptoms in a Sample of Police Officers
7th Biennial Conference of the Society for Community Research, New Hayen,
Connecticut
Evaluation of aDiyersity Training Program for Police Officers
, Hall of Justice. Los Angeles, California
How to, Manage Your Stress
Multinle Al!.encies, Palm Springs, California
3-Day Basic Peer Support
San Diel!.o Sheriff's Denartment, San Diego, California
Advanced Critical Incident Stress Management
City of Rial to Police Denartment.. Rialto California
Critical Incident Stress Debriefing Protocol
City of San Bernardino Police Denartment, San Bernardino, California
Stress Management
San Bernardino County Sheriff's DelJ<Ul1uent, San Bernardino, California
Victimo1ogy ,
Fear & Anger Management
5150
The Counseling Team International (TCrn International. Palm Springs,
California
Basic Peer Support Training
Riverside Sheriff's Academy. Riverside, California
Fear & Anger Management
Victimo1ogy
Critical Incident ,Stress Management Law Enforcement
San Diel!.o County/Health and Human Service Al!.encY. San Diego, California
Disaster Orientation
Adyanced Critical Incident Stress Management
City of Rialto. Rialto, California
Essentials of Customer Service
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2010-228
2003 Chula Vista Police Deoartment, Chula Vista, California
Psychologist Aspects of Critical Incidents
2003 Chuckawal1a State Prison. Blythe, California
Stress Management
2003 Ironwood State Prison. Blythe, California
Stress Management
TRAININGS
1999 Critical Incident Stress Management: Specialized training for Los Angles County
Sheriff's Department Psychologists
1999 Contemporary Approaches to Substance Abuse Recovery
1999 Application of Psychological Screening Instrumentli in Law Enforcement Settings
1999 School Shootings: Current Findings, Prevention. and Intervention
2001 Psychological Implications of a Domestic Attack Using Biological And chemical
Weapons, 16 hr training
2001 ' Rapid Induction and Deepening Techniques for Use in Investigative Hypnosis
2001 Workplace Violence and Threat Assessment: A specialized training for members of
the LASD Threat Assessment Team
2001 Basic Hostage NegotiationS (Administration of Justice Bureau)
2002 Cognitive Interviewing and Forensic Hypnosis
2005 Critical Incident Stress Management: Basic
2007 Couples Counseling: Effective Techniques to Create Harmony and Strengthen
Relationships
2007 Attachment DiSorders
2007 A Multifaceted, Cognitive Behavioral Therapy Approach t() Trauma and PTSD
2007 Personality Assessment Solutions for High-Risk Occupations, Protective Services
and Military and Foundation. Hilson Assessments for High-Risk Occupations !
2008 Anger Control Made Easy: An Insightful, Powerful Method for Teaching Anger
control to Clients of All Ages
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2010-228
CERTIFICATIONS
1999 Eve Movement Desensitization Reorocessing, Level I
Dr. Roger Solomon, San Bernardino, California
200 1 Basic Hostage Nel!otiation Course. San Jose, California
Administration of Justice Bureau San Jose State University in cooperation with
Commission on Peace Officer Standards & Training
40 Hours of Completion
2005 Eve Movement Desensitization Reorocessing. Level II
Dr. Roger Solomon, San Bernardino, California
2005 International Critical Incident Stress Foundation
2-Day Basic Critical Incident Stress Management (14 Contact Hours)
2006 MMPI-2IMMPI-A WOrkshOD and Symoosia. Albuquerque, New Mexico
Sponsored by Kent State University &University ofMinnesora Press
2006 HIP AA. Final HHS Privacv Rel!:lliations and Medical Records. San Bernardino,
California - Cross Country Education (
2008 Anger Control Made Easv
San Bernardino, California - Cross Country Education
2008 Treatinl! ComDulsive Sexual Behaviors '
San Bernardino, California - Cross Country Education
2008 COUD1es Therapv: A New Research Based ADDroach. Level I
San Francisco, California
MAJOR CRITICAL INCIDENT EXPERIENCES
2003 California Wildfires. San Diego, California
Provided on 8e(ln Peer Support and Critical Incident Stress Debriefing to victims,
disaster workers and county agencies.
2005 Metrolink Train Derailment. Glendale, California
Provided Critical Stress Debriefings
2005 Upland Fire Deoartment. Upland, California
Major Traffic Accident involving fire engine and tour bus I
Provided on scene Peer Support and Critical Incident Stress Debriefings
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PROFESSIONALAFFILIATItJNS
American Psychological Association
American Psychological Society
Western Psychological Association
Society for Community Research
California Association of Hostage Negotiators
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