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HomeMy WebLinkAbout15- Human Resources ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Linn Livingston Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO EXECUTING A Dept: Human Resources SERVICE AGREEMENT WITH THE COUNSELING TEAM INTERNATIONAL Date: June 14, 2010 TO PERFORM PRE-EMPLOYMENT PSYCHOLOGICAL EVALUATIONS. M/CC Meeting Date: July 6, 2010 Synopsis of Previous Council Action: On May 17, 2010, the Mayor and Common Council adopted Resolution No. 2010-108, authorizing a one-year extension of the term of the agreement with The Counseling Team International (TCTI) for Employee Assistant Program (EAP) services, in an amount not to exceed $42,750. Recommended Motion: Adopt Resolution. �LU`L'l Signature Contact person: Linn Livingston Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $6.500 FY 2010/11 Source: (Acct. No.) 678-110-5505-0000-0057 (Acct. Description) Professional Contract Services Finance: Council Notes: Keso -'�_0/0 —ate g Agenda Item No. CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subiect• Resolution of the City Of San Bernardino Executing a Service Agreement with The Counseling Team International to Perform Pre-Employment Psychological Evaluations. Background: The Human Resources Department contracts out services for pre-employment psychological evaluations for both safety and non-safety employees. Pre-employment psychological evaluations are necessary during the pre-stages of the hiring process to determine a candidate's suitability for employment for certain positions. The Counseling Team International (TCTI)is a local vendor who provides pre-employment psychological evaluations and is an integral part of the community. TCTI has a lot of experience providing pre-employment services to public agencies. The City currently contracts with TCTI to perform Employee Assistance Program(EAP) services. Dr. Kathleen Wellbrock is a clinical psychologist who is under contract with TCTI. Dr. Wellbrock has worked with public agencies and has provided pre-employment services to Los Angeles County Sheriff s Department, Riverside Sheriff s Academy, San Diego County/Health and Human Services Agency, City of Rialto, City of San Bernardino Police Department, and many private companies. The Human Resources Department is recommending approval of the attached agreement with TCTI for Dr. Kathleen Wellbrock to provide pre-employment evaluations for San Bernardino Police Safety Officers and occasional secondary back-up for Fire and other City employees. Financial Impact: Account Budgeted Amount: $43,000 Balance as of 7/1/10 Balance after approval of this item: $36500 On May 17,2010,the Mayor and Common Council approved Resolution No. 2010-108 authorizing a one- (1) year extension to the agreement with TCTI for Employee Assistance Program(EAP) services in an amount not to exceed$42,750 (Account No. 678-110-5502-0000-0057). It is requested that the current Purchase Order with TCTI be increased by$6,500 to include pre- employment psychological evaluations(Account No. 678-110-5505-0000-0057). The total amount to be paid to TCTI over FY 2010/2011 shall not exceed$49,250. Recommendation: Adopt Resolution. I Resolution No. � O [Dp'y 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO EXECUTING A SERVICE AGREEMENT WITH THE COUNSELING 3 TEAM INTERNATIONAL TO PERFORM PRE-EMPLOYMENT PSYCHOLOGICAL 4 EVALUATIONS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY O 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3) 8 the City Manager of the City of San Bernardino is hereby authorized and directed to execute ori 9 behalf of said City an Agreement with The Counseling Team International (TCTI) to provide 10 pre-employment psychological evaluations for CITY police safety employees and occasionaC. 11 secondary back-up for Fire and other City employees. A copy of the Agreement is attache 12 hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth a ® 13 length. la SECTION 2. Pursuant to this determination, the Director of Finance or his/her design 15 16 is hereby authorized to increase the Purchase Order with TCTI by $6,500 not to exceed 17 $49,250.00, with three (3), one-year extensions at the City's option. The Purchase Order shall 18 reference this Resolution No. and shall read "The Counseling Team International fo 19 the provision of employee pre-employment psychological examinations," and shall incorporate 20 the terms and condition of the Professional Services Agreement. 21 SECTION 3. The authorization to execute the above referenced is rescinded if it is no 22 issued within sixty(60) days of the passage of this resolution. 23 24 C 25 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXECUTING A SERVICE AGREEMENT WITH THE COUNSELING 2 TEAM INTERNATIONAL TO PERFORM PRE-EMPLOYMENT PSYCHOLOGICAL 3 EVALUATIONS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 the Common Council of the City of San Bernardino at a meeting thereof,held 6 on the day of 2010,by the following vote, to wit: 7 8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 9 MARQUEZ DESJARDINS 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON Q MCCAMMACK 14 15 Rachel G. Clark, City Clerk 16 17 The foregoing resolution is hereby approved this day of 18 2010. 19 20 Patrick J. Moms,Mayor City of San Bernardino 21 Approved as to form: JAMES F. PENMAN, 22 City Attorney 23 24 By: 25 I PROFESSIONAL SERVICES AGREEMENT ' 2 This Professional Services Agreement is entered into this 1st day of July,2010,by and 3 between The Counseling Team International C`TCTT�, and the City of San Bernardino 4 ("CITY"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 and in the best interest of the CITY to acquire pre-employment physical psychological testing 8 for the San Bernardino Police Safety Officers and occasional secondary back-up for Fire and 9 10 other CITY employees; 11 NOW,THEREFORE,the parties hereto agree as follows: 12 1. SCOPE OF SERVICES. 13 For the remuneration stipulated, CITY hereby engages the services of TCTI to provide © 14 those products and services as follows: 15 A. At the discretion of the Human Resources Director or designee, TCTI hereby 16 agrees to perform the following services: 17 1) Perform pre-employment psychological examinations and submit reports as 18 requested by CITY. 19 2) Provide court testimony as requested by CITY. 20 B. Each written report by TCTI shall be accompanied by an "Authorization for the 21 Release of Medical Information by a Provider of Health Care" in a form 22 23 consistent with the provisions of California Civil Code Section 56.11. 24 25 EXHIBIT 1 I C. TCTI shall be available for consultation with respect to any of its examinations 2 and reports and shall submit supplemental reports as requested by CITY. 3 D. Delegation of Assignment: This is a professional services agreement and the 4 duties set forth herein shall not be delegated or assigned to any person or entity 5 without the prior written consent of the CITY. TCTI may engage a 6 subcontractor(s) as permitted by law and may employ other personnel to perform 7 services contemplated by this agreement at their sole cost and expense. Only Dr. 8 Kathleen Wellbrock, Clinical Psychologist under contract with TCTI, shall 9 10 provide pre-employment police safety evaluations on behalf of the CITY. 11 E. Methods of Assessment in Examinations: Police Officers 12 Two main methods will be used in examinations. They are as follows: 13 1) Use of structured clinical interviews performed with each candidate in pre- ® 14 employment examinations. Included in the interview will be both is psychodiagnosfic information used in assessment of emotional, mental and 16 behavioral stability and simulated case situations used in assessing response 17 tendencies in specified areas of police work. Of importance here is 18 assessment of availability of internal resources the officer has which will 19 likely be used in order maintenance, crime suppression or investigative areas 20 of police work; aspects of the candidate's past life experiences which will be 21 influential in his/her dealing with subjects, suspects, and other police 22 personnel, especially command; strengths and weaknesses in the candidate's 23 personality, experience, and ability, and the candidate's ability to 24 acknowledge areas needing improvement; and finally ability to communicate 25 assertively under differing conditions. „ J 2 1 2) Use of Psychological Test Instruments in Examination: Police Officers. Two 2 personality profile tests will be administered to each candidate. They are the 3 Minnesota Multiphasic Personality Inventory (MMPI) and the California 4 Psychological Inventory (CPI). 5 F. Report to the Human Resources Director 6 Pre-employment Examinations: 7 Within two (2)weeks following completion of examinations a written report will 8 be made to the Human Resources Director which will document work relevant 9 information, including justification for recommendations. Two response 10 categories will be provided: Pass or Fail. TCTI shall directly contact only the 11 Human Resources Director or designee, and shall communicate only as to the 12 need of data specific to the criteria used in D.1 above. 13 o G. Information obtained hereunder shall be released only as provided in California 14 Civil Code Section 56.10. All ratings, test results, and interview data shall be 15 maintained by TCTI during the life of this agreement and five (5) years 16 17 thereafter, TCTI shall transfer such files to such persons as the Human Resources 18 Director or designee shall advise him/her of in writing. TCTI shall be entitled to 19 recover the costs of such transfer. 20 H. In the event of an administrative action or litigation involving a candidate's 21 appeal of the screening process, TCTI will provide any testimony and 22 documentation required to support the Department in hearings or suits resulting 23 in any way from recommendations arising from contracted evaluations. An 24 additional fee will be charged for each hour or preparation and testimony 25 required. 3 1 2. COMPENSATION AND EXPENSES. 2 A. For the services delineated above, the CITY, upon presentation of an invoice, 3 shall pay TCTI the amount of monthly invoices for services rendered during the 4 previous month. Invoices shall include task description, the number of hours 5 spent on each task, and applicable hourly rate. 6 B. Rate of Compensation 7 1) CITY agrees to pay TCTI the sum of $250.00 for each pre-employment 8 psychological examination at the request of CITY. 9 10 2) CITY agrees to pay TCTI the sum of $400.00 for preparation and court 11 testimony performed by TCTI at the request of CITY upon reasonable notice. 12 3) CITY agrees that there will be no charge for appointments cancelled without 13 the customary 24-hour notice. ® 14 C. Manner of Compensation 15 1) TCTI shall maintain and file with the Human Resources Director on a 16 monthly basis a record of services performed. 17 2) The Human Resources Director or his/her designee shall submit a claim or 18 request for payment based on such record to the Finance Department in such 19 manner that TCTI shall be paid monthly. 20 3) TCTI shall assume and pay all out-of-pocket expenses and costs of 21 performing services under this agreement except as otherwise specifically 22 23 provided herein, and CITY shall not be liable for any such costs and 24 expenses. 25 4 1 D. No other expenditures made by TCTI shall be reimbursed by CITY. Cj 2 3. TERM. 3 The term of this Agreement shall be for a period of one (1) year with two (2), one (1) 4 year extensions at the City's option. y tY' P 5 This Agreement may be terminated at any time by thirty (30) days' written notice by 6 either party. The terms of this Agreement shall remain in force unless mutually amended. 7 4. INDEMNITY. 8 TCTI agrees to and shall indemnify and hold the CITY, its elected officials, employees, 9 10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 11 any land and nature arising from bodily injury, including death, or property damage, based or 12 asserted upon any actual or alleged act or omission of TCTI, its employees, agents, or 13 subcontractors, relating to or in any way connected with the accomplishment of the work or © 14 performance of services under this Agreement, unless the bodily injury or property damage was 15 actually caused by the sole negligence of the CITY, its elected officials, employees, agents or 16 representatives. As part of the foregoing indemnity, TCTI agrees to protect and defend at its 17 own expense, including attorneys' fees, the CITY, its elected officials, employees, agents or I 18 representatives from any and all legal actions based upon such actual or alleged acts or 19 omissions. TCTI hereby waives any and all rights to any types of express or implied indemnity 20 against the CITY, its elected officials, employees, agents or representatives, with respect to 21 zz third party claims against TCTI relating to or in any way connected with the accomplishment of 23 the work or performance of services under this Agreement. 24 25 I 5 1 5. INSURANCE. 2 While not restricting or limiting the foregoing, during the term of this Agreement, TCTI 3 shall maintain in effect policies of comprehensive public, general and automobile liability 4 insurance, in the amount of $1,000,000.00 combined single limit, and statutory Workers' 5 Compensation coverage in accordance with the laws of the State of California. TCTI shall 6 maintain professional malpractice insurance for professional negligence, including errors, 7 omissions, or other professional acts in the amount of $100,000.00. TCTI shall file 8 Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work under 9 10 this Agreement. CITY shall be set forth as an additional named insured in each Certificate of I t Insurance provided hereunder. The Certificate(s) of Insurance fiunished to the CITY shall 12 require the insurer to notify CITY of any change or termination in the policy. 13 6. NON-DISCRIMINATION. Q14 hi the performance of this Agreement and in the hiring and recruitment of employees, 15 TCTI shall not engage in, nor permit its officers, employees or agents to engage in, 16 discrimination in employment of persons because of their race, religion, color, national origin, 17 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 18 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 19 12940 of the California Government Code. 20 7. CONFIDENTIALITY. 21 TCTI understands and agrees that CITY, as a public entity, can maintain TCTI's 22 23 confidentiality only to the extent that doing so does not conflict with its duties under the 24 California Public Records Act, the Ralph M. Brown Act or any other requirement of law, 25 regulation,rule, or court or other government decision. 6 1 8, INDEPENDENT CONTRACTOR. 2 TCTI shall perform work tasks provided by this Agreement, but for all intents and 3 purposes TCTI shall be an independent contractor and not an agent or employee of the CITY. a TCTI shall secure, at its expense, and be responsible for any and all payment of Income Tax, 5 Social Security, State Disability Insurance Compensation, Unemployment Compensation, and 6 other payroll deductions for TCTI and its officers, agents, and employees, and all business 7 licenses,if any are required,in connection with the services to be performed hereunder. 8 9. NOTICES. 9 10 Any notice to be given pursuant to this Agreement shall be deposited with the United 11 States Postal Service,postage prepaid and addressed as follows: 12 TO THE CITY: 13 Linn Livingston, Human Resources Director © 300 North"D" Street, 2"d Floor 14 San Bernardino, CA 92418 Telephone: (909) 384-5161 15 TO THE VENDOR: 16 17 The Counseling Team International 1881 Business Center Drive, Suites 11 & 12 18 San Bernardino, CA 92408 Telephone: (909) 884-0133 19 10. ATTORNEYS'FEES 20 In the event that litigation is brought by any party in connection with this Agreement, 21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 22 23 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 24 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 25 hereof. The costs, salary and expenses of the City Attorney and members of his/her office in J 7 1 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 2 purposes of this paragraph. 3 11. ASSIGNMENT. 4 TCTI shall not voluntarily or by operation of law, assign,transfer, sublet or encumber 5 all or any part of TCTPs interest in this Agreement without CITY's prior written consent. Any 6 attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a 7 breach of this Agreement and cause for the termination of this Agreement. Regardless of 8 CITY's consent,no subletting or assignment shall release TCTI of its obligation to perform all 9 10 other obligations to be performed by TCTI hereunder for the term of this Agreement. 11 12. VENUE. 12 The parties hereto agree that all actions or proceedings arising in connection with this 13 Agreement shall be tried and litigated either in the State courts located in the County of San 14 Bernardino, State of California or the U.S. District Court for the Central District of California, 15 Riverside Division. The aforementioned choice of venue is intended by the parties to be 16 mandatory and not permissive in nature. 17 13. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 14. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this 21 22 Agreement and their respective heirs,representatives, successors, and assigns. 23 15. 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. 8 1 16. SEVERABILITY. 2 If any provision of this Agreement is determined by a court of competent jurisdiction to 3 be invalid or unenforceable for any reason, such determination shall not affect the validity or 4 enforceability of the remaining terns and provisions hereof or of the offending provision in any 5 other circumstance, and the remaining provisions of this Agreement shall remain in full force 6 and effect. 7 17. ENTIRE AGREEMENT; MODIFICATION. 8 This Agreement constitutes the entire agreement and the understanding between the 9 10 parties, and supersedes any prior agreements and understandings relating to the subject matter 1 i of this Agreement. This Agreement may be modified or amended only by a written instrument 12 executed by all parties to this Agreement. 13 © 14 15 16 17 18 19 20 21 22 23 24 25 9 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 �r 3 above written. 4 Date: Date: 5 CITY OF SAN BERNARDINO THE COUNSELING TEAM A municipal corporation INTERNATIONAL 6 7 By: Charles McNeely, City Manager Signature 8 9 Name and Title 10 ATTEST: 11 Rachel G. Clark, City Clerk 12 13 ® APPROVED AS TO FORM: la JAMES F. PENMAN, City Attorney 15 16 By: 17 18 19 20 21 22 23 24 25 10 i PROFESSIONAL SERVICES AGREEMENT 2 This Professional Services Agreement is entered into this 1 st day of July,2010,by and 3 between The Counseling Team International ("TCTr'), and the City of San Bernardino 4 ("CITY"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 and in the best interest of the CITY to acquire pre-employment physical psychological testing 8 for the San Bernardino Police Safety Officers and occasional secondary back-up for Fire and 9 to other CITY employees; 11 NOW,THEREFORE,the parties hereto agree as follows: 12 1. SCOPE OF SERVICES. 13 For the remuneration stipulated, CITY hereby engages the services of TCTI to provide Q14 those products and services as follows: 15 A. At the discretion of the Human Resources Director or designee, TCTI hereby 16 agrees to perform the following services: 17 1) Perform pre-employment psychological examinations and submit reports as 18 requested by CITY. 19 2) Provide court testimony as requested by CITY. 20 B. Each written report by TCTI shall be accompanied by an "Authorization for the 21 Release of Medical Information by a Provider of Health Care" in a form 22 23 consistent with the provisions of California Civil Code Section 56.11. 24 25 1 I C. TCTI shall be available for consultation with respect to any of its examinations 2 and reports and shall submit supplemental reports as requested by CITY. 3 D. Delegation of Assignment: This is a professional services agreement and the 4 duties set forth herein shall not be delegated or assigned to any person or entity 5 without the prior written consent of the CITY. TCTI may engage a 6 subcontractor(s) as permitted by law and may employ other personnel to perform 7 services contemplated by this agreement at their sole cost and expense. Only Dr. 8 Kathleen Wellbrock, Clinical Psychologist under contract with TCTI, shall 9 10 provide pre-employment police safety evaluations on behalf of the CITY. 11 E. Methods of Assessment in Examinations: Police Officers 12 Two main methods will be used in examinations. They are as follows: 13 1) Use of structured clinical interviews performed with each candidate in pre- © 14 employment examinations. Included in the interview will be both 15 psychodiagnostic information used in assessment of emotional, mental and 16 behavioral stability and simulated case situations used in assessing response 17 tendencies in specified areas of police work. Of importance here is 18 assessment of availability of internal resources the officer has which will 19 likely be used in order maintenance, crime suppression or investigative areas 20 of police work; aspects of the candidate's past life experiences which will be 21 influential in his/her dealing with subjects, suspects, and other police 22 personnel, especially command; strengths and weaknesses in the candidate's 23 personality, experience, and ability, and the candidate's ability to 24 acknowledge areas needing improvement; and finally ability to communicate 25 assertively under differing conditions. 2 1 2) Use of Psychological Test Instruments in Examination: Police Officers. Two 2 personality profile tests will be administered to each candidate. They are the 3 Minnesota Multiphasic Personality Inventory (MMPI) and the California 4 Psychological Inventory (CPI). 5 F. Report to the Human Resources Director 6 Pre-employment Examinations: 7 Within two (2) weeks following completion of examinations a written report will 8 be made to the Human Resources Director which will document work relevant 9 information, including justification for recommendations. Two response 10 categories will be provided: Pass or Fail. TCTI shall directly contact only the Il Human Resources Director or designee, and shall communicate only as to the 12 need of data specific to the criteria used in D.1 above. 13 © G. Information obtained hereunder shall be released only as provided in California 14 Civil Code Section 56.10. All ratings, test results, and interview data shall be 15 16 maintained by TCTI during the life of this agreement and five (5) years 17 thereafter, TCTI shall transfer such files to such persons as the Human Resources 1s Director or designee shall advise him/her of in writing. TCTI shall be entitled to 19 recover the costs of such transfer. 20 H. In the event of an administrative action or litigation involving a candidate's 21 appeal of the screening process, TCTI will provide any testimony and 22 documentation required to support the Department in hearings or suits resulting 23 in any way from recommendations arising from contracted evaluations. An 24 additional fee will be charged for each hour or preparation and testimony 25 required. 3 1 2. COMPENSATION AND EXPENSES. 2 A. For the services delineated above, the CITY, upon presentation of an invoice, 3 shall pay TCTI the amount of monthly invoices for services rendered during the a previous month. Invoices shall include task description, the number of hours 5 spent on each task, and applicable hourly rate. 6 B. Rate of Compensation 7 1) CITY agrees to pay TCTI the sum of $250.00 for each pre-employment 8 9 psychological examination at the request of CITY. 10 2) CITY agrees to pay TCTI the sum of $400.00 for preparation and court 11 testimony performed by TCTI at the request of CITY upon reasonable notice. 12 3) CITY agrees that there will be no charge for appointments cancelled without 13 the customary 24-hour notice. Q14 C. Manner of Compensation 15 1) TCTI shall maintain and file with the Human Resources Director on a 16 monthly basis a record of services performed. 17 2) The Human Resources Director or his/her designee shall submit a claim or 18 request for payment based on such record to the Finance Department in such 19 manner that TCTI shall be paid monthly. 20 3) TCTI shall assume and pay all out-of-pocket expenses and costs of 21 22 performing services under this agreement except as otherwise specifically 23 provided herein, and CITY shall not be liable for any such costs and 24 expenses. 25 4 1 D. No other expenditures made by TCTI shall be reimbursed by CITY. 2 3. TERM. 3 The term of this Agreement shall be for a period of one (1) year with two (2), one (1) 4 year extensions at the City's option. 5 This Agreement may be terminated at any time by thirty (30) days' written notice by 6 either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. 8 9 TCTI agrees to and shall indemnify and hold the CITY, its elected officials, employees, 10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 11 any kind and nature arising from bodily injury, including death, or property damage, based or 12 asserted upon any actual or alleged act or omission of TCTI, its employees, agents, or 13 subcontractors, relating to or in any way connected with the accomplishment of the work or Q14 performance of services under this Agreement, unless the bodily injury or property damage was 15 actually caused by the sole negligence of the CITY, its elected officials, employees, agents or 16 representatives. As part of the foregoing indemnity, TCTI agrees to protect and defend at its 17 own expense, including attorneys' fees, the CITY, its elected officials, employees, agents or 18 representatives from any and all legal actions based upon such actual or alleged acts or 19 omissions. TCTI hereby waives any and all rights to any types of express or implied indemnity 20 against the CITY, its elected officials, employees, agents or representatives, with respect to 21 22 third party claims against TCTI relating to or in any way connected with the accomplishment of 23 the work or performance of services under this Agreement. 24 �j 25 V 5 1 5. INSURANCE. 2 While not restricting or limiting the foregoing, during the term of this Agreement, TCTI 3 shall maintain in effect policies of comprehensive public, general and automobile liability 4 insurance, in the amount of $1,000,000.00 combined single limit, and statutory Workers' 5 Compensation coverage in accordance with the laws of the State of California. TCTI shall 6 maintain professional malpractice insurance for professional negligence, including errors, 7 omissions, or other professional acts in the amount of $100,000.00. TCTI shall file 8 9 Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work under 10 this Agreement. CITY shall be set forth as an additional named insured in each Certificate of 11 Insurance provided hereunder. The Certificate(s) of Insurance furnished to the CITY shall 12 require the insurer to notify CITY of any change or termination in the policy. 13 6. NON-DISCRIMINATION. Q14 In the performance of this Agreement and in the hiring and recruitment of employees, 15 TCTI shall not engage in, nor permit its officers, employees or agents to engage in, 16 discrimination in employment of persons because of their race, religion, color, national origin, 17 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 18 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 19 12940 of the California Government Code. 20 7. CONFIDENTIALITY. 21 22 TCTI understands and agrees that CITY, as a public entity, can maintain TCTI's 23 confidentiality only to the extent that doing so does not conflict with its duties under the 24 California Public Records Act, the Ralph M. Brown Act or any other requirement of law, 25 regulation,rule, or court or other government decision. 6 1 8. INDEPENDENT CONTRACTOR. 2 TCTI shall perform work tasks provided by this Agreement, but for all intents and 3 purposes TCTI shall be an independent contractor and not an agent or employee of the CITY. 4 TCTI shall secure, at its expense, and be responsible for any and all payment of Income Tax, 5 Social Security, State Disability Insurance Compensation, Unemployment Compensation, and 6 other payroll deductions for TCTI and its officers, agents, and employees, and all business 7 licenses, if any are required, in connection with the services to be performed hereunder. 8 9. NOTICES. 9 10 Any notice to be given pursuant to this Agreement shall be deposited with the United 11 States Postal Service,postage prepaid and addressed as follows: 12 TO THE CITY: 13 Linn Livingston,Human Resources Director 300 North"D" Street, 2"d Floor p 14 San Bernardino, CA 92418 Telephone: (909) 384-5161 15 TO THE VENDOR: 16 17 The Counseling Team International 1881 Business Center Drive, Suites 11 & 12 18 San Bernardino, CA 92408 Telephone: (909) 884-0133 19 10. ATTORNEYS'FEES 20 h1 the event that litigation is brought by any party in connection with this Agreement, 21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 22 23 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 24 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 29 hereof. The costs, salary and expenses of the City Attorney and members of his/her office in 7 1 enforcing this Agreement on behalf of the CITY shall be considered as"attorneys'fees" for the 2 purposes of this paragraph. 3 11. ASSIGNMENT. a TCTI shall not voluntarily or by operation of law, assign,transfer, sublet or encumber 5 all or any part of TCTI's interest in this Agreement without CITY's prior written consent. Any 6 attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a 7 breach of this Agreement and cause for the termination of this Agreement. Regardless of 8 CITY's consent,no subletting or assignment shall release TCTI of its obligation to perform all 9 10 other obligations to be performed by TCTI hereunder for the term of this Agreement. 11 12. VENUE. 12 The parties hereto agree that all actions or proceedings arising in connection with this 13 Agreement shall be tried and litigated either in the State courts located in the County of San 14 Bernardino, State of California or the U.S. District Court for the Central District of California, 15 Riverside Division. The aforementioned choice of venue is intended by the parties to be 16 mandatory and not permissive in nature. 17 13. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 14. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this 21 22 Agreement and their respective heirs,representatives, successors, and assigns. 23 15. 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. 8 1 16. SEVERABILITY. 2 If any provision of this Agreement is determined by a court of competent jurisdiction to 3 be invalid or unenforceable for any reason, such determination shall not affect the validity or 4 enforceability of the remaining terms and provisions hereof or of the offending provision in any 5 other circumstance, and the remaining provisions of this Agreement shall remain in full force 6 and effect. 7 17. ENTIRE AGREEMENT; MODIFICATION. 8 9 This Agreement constitutes the entire agreement and the understanding between the 10 parties, and supersedes any prior agreements and understandings relating to the subject matter 11 of this Agreement. This Agreement may be modified or amended only by a written instrument 12 executed by all parties to this Agreement. 13 Q 14 15 16 17 18 19 20 21 22 23 24 25 9 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 3 above written. 4 Date: Date: 5 CITY OF SAN BERNARDINO THE COUNSELING TEAM A municipal corporation INTERNATIONAL 6 7 By: Charles McNeely, City Manager Signature 8 9 Name and Title 10 ATTEST: 11 Rachel G. Clark, City Clerk 12 13 1a APPROVED AS TO FORM: Q JAMES F. PENMAN, City Attorney 15 16 By: 17 18 19 20 21 22 23 24 25 10 CURRICULUM VITAE ell, KATHLI;`EN D.WELLBROCK THE COUNSELING TEAM INTERNATIONAL(TCT1) 1881 Business Center Drive Suite 11 San Bernardino,California 92408 (909)884-0133 PROFESSIONAL LICENSE License Number PSY17906 EDUCATIONAL BACKGROUND 2000 Ph.D.-Clinical Psychology, California School of Psychology,Alhambra, California 1998 M.A. -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 A.A.—Associates of Arts,Behavioral Science, Citrus Community College, Glendora,California PROFESSIONAL EXPERIENCE 1994 to_ House of Ruth Domestic Violence Agency, 1995 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. 1996 to California Polytechnic University Counseling Services,Pomona,California 1997 Clerkship Conducted psychoeducational assessment on learning disabled Students. Utilized the Bender-Gestalt,Rey-Osterieth Complex Figure, Sentence Completion,WRAT- 3,Nelson-Denny Reading Test,Wender-Utah Rating Scale,MMPI-2,Woodcock- Johnson Psycho educational Battery; Report writing,feedback, and recommendations. 1997 to Santa Anita Family Service, Monrovia,California 1998 Clinical Psychology Intern 145 Provide individual, conjoint, and family therapy. Co-facilitate multifamily group and parenting education. Assessment utilizing the MMPI-2,Rorschach,Bender- Gestalt,WAIS, Sentence completion;report writing and feedback. 1997 to Museum of Tolerance Los Angeles, California 1999 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. 1998 to Glen Roberts Child Study Center,Glendale, California 1999 Clinical Psychology Intern Provide individual, conjoint,and family therapy. Co-Facilitate children's group and parenting education. Assessment utilizing the WISC,RATC,Bender-Gestalt, Figure Drawings,Rorschach, Woodcock-Johnson Psychoeducational Battery, Wender-Utah Rating Scale, WRAT—3;Report writing and feedback. 1999 to L.A. County Sheril£s Department Los Angeles,California 2000 Clinical Psychology Intem/Employee 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. 2000 to Adjunct Faculty University of La Verne,La Verne, California Present 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. 2000 to L.A. County Sheriffs Department Los Angeles,California 2002 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 management 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, manage,develop,and implement continuing education workshops for the law enforcement psychologists consistent with working in the law enforcement arena. 2002 to The Counseling Team International (TCTA, San Bernardino, California Present Provide psychological testing and pre-employment screening for various law enforcement, probation and fire departments. Also, provide marriage, family, and child counseling to governmental agencies,city personnel and their families. 146 PRESENTATIONS 1995 Western Psychological Association Conference, Los Angeles, California The Acceptability of Dating Violence 1997 California School of Professional Psychology, California Stress, Hardiness,and Trauma-Related Symptoms in a Sample of Police Officers 1999 7th Biennial Conference of the Society for Community Research,New Haven, Connecticut Evaluation of a Diversity Training Program for Police Officers 2000 Hall of Justice, Los Angeles, California How to Manage Your Stress 2002 Multiple Agencies,Palm Springs, California 3-Day Basic Peer Support 2002 to San Diego Sheriffs Department San Diego, California Present Advanced Critical Incident Stress Management 2009 City of Rialto Police Department Rialto California Critical Incident Stress Debriefing Protocol 2004 City of San Bernardino Police Department, San Bernardino, California Stress Management 2004 to San Bernardino County Sheriff's Department San Bernardino, California Present Victimology Fear&Anger Management 5150 2003 The Counseling Team International (TCTI) International. Palm Springs, California Basic Peer Support Training 2002 to Riverside Sheriff's Academy,Riverside, California Present Fear& Anger Management Victimology Critical Incident Stress Management Law Enforcement 2003 San Diego County/Health and Human Service Agency, San Diego, California Disaster Orientation Advanced Critical Incident Stress Management 2003 City of Rialto,Rialto,California Essentials of Customer Service 147 2003 Chula Vista Police Denartrn Chula Vista, California Psychologist Aspects of Critical Incidents 2003 Chuckawalla 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 Sheriffs Department Psychologists 1999 Contemporary Approaches to Substance Abuse Recovery 1999 Application of Psychological Screening Instruments in Law Enforcement Settings 1999 School Shootings: Current Findings,Prevention,and hitervention 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 to Trauma and PTSD 2007 Personality Assessment Solutions for High-Risk Occupations, Protective Services and Military and Foundation, Hilson Assessments for Higb-Risk Occupations 2008 Anger Control Made Easy: An Insightful, Powerful Method for Teaching Anger control to Clients of All Ages 148 CERTIFICATIONS 1999 Eye Movement Desensitization Reprocessing,Level I Dr.Roger Solomon, San Bernardino, California 2001 Basic Hostage Negotiation 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 Reprocessing, Level 1I Dr.Roger Solomon, San Bernardino,California 2005 International Critical Incident Stress Foundation 2-Day Basic Critical Incident Stress Management(14 Contact Hours) 2006 MMPI-2/MMPI-A Workshop and Symposia,Albuquerque,New Mexico Sponsored by Kent State University&University of Minnesota Press 2006 HIPAA, Final HHS Privacy Regulations and Medical Records,San Bernardino, California—Cross Country Education Q2008 Anger Control Made Easy San Bernardino,California—Cross Country Education 2008 Treating Compulsive Sexual Behaviors San Bernardino,California—Cross Country Education 2008 Couples Therapy: A New Research Based Approach, Level I San Francisco,California MAJOR CRITICAL INCIDENT EXPERIENCES 2003 California Wildfires, San Diego, California Provided on seen 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 Department Upland,California Major Traffic Accident involving fire engine and tour bus 1 Provided on scene Peer Support and Critical Incident Stress Debriefings 149 PROFESSIONAI AFMUTI6NS American Psychological Association American Psychological Society Western Psychological Association Society for Community Research California Association of Hostage Negotiators 150