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HomeMy WebLinkAbout24-Police Department - CITAF SAN BERNARDIN&>>- REQ,EST FOR COUNCIL il:TION ~m' ","pt: DANIEL A. ROBBINS CHIEF OF POLICE POLICE F:ES'C'.- ;"\DgH~. err. ", ..- Subject: RENEWAL OF AGREEMENT BETWEEN C!TY OF SAN BERNARDINO AND THE COUNSELING TEAM TO PROVIDE PRE-EMPLOYMENT PSYCHOLOGICAL EXAMINATION OF POLICE DISPATCHER CANDIDATES t~ :.~~ L'~-: '3 :~; ,". "- Date: AUGUST 27, 1990 Synopsis of Previous Council action: 10/02/89 -- Resolution No. 89-401 adopted authorizing an Agreement with The Counseling Team to provide pre-employment psychological evaluations of applicants to the San Bernardino Police Department Dispatch Center. Recommended moti.on: o Adopt Resolution aWY /- ~ {// Signatu re Contectperson: Thomas D. Maier, Lieutenant Phone: 384-5695 Supponing data atteched: $125.00 Per Evaluation Ward: FUNDING REQUIREMENTS: Amount: Source: 001,,224-53150 L~J {}r- Finance: Council Notes: () 75-0262 Agenda Item No ~1 - CITv<6F SAN BERNARDINcP- REdaEST FOR COUNCIL ~TION o STAFF REPORT The City of San Bernardino entered into a contractual agreement with The Counseling Team which provided for pre-employment testing of candidates applying for the position of Police Dispatcher, to determine psychological suitability. The agreement commenced on October 2, 1989, and terminated on July 31, 1990. o 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 applying for the position. The Counseling Team has continued to honor all the terms of the agreement since its expiration on July 31, 1990. The Counseling Team doesnotdesire an increase of payment for services in the proposed contract period. c 8/27/90 75.0264 o o o - - o o o o 1 RESOLl1I'ION 110. 2 RESOLl1I'ION OF 'ffiE CITY OF SAN BERNARDIlIO AlJDIORIZING AND DIRECrING 'ffiE EXEaJTICN OF AN AGREEMENI' WI'lH THE COUNSELING TEAM FOR PROVIDING PRE- :I EMPLOYMENl' PSYOiOLOGlCAL EVALUATION OF APPLICANTS 'ro 'ffiE SAN BERNARDIlIO POLICE IEPAR'IMENI' DISPATOi CENTER. 4 BE IT RESOLVED BY THE MAYOR AND CCM1CN CCXJI'CIL OF 'ffiE CITY OF SAN 5 BERNARDIlIO AS FOI.LCMS: 6 SECTICN 1. The Mayor is hereby authorized and directed to execute on 7 behalf of said City an Agreement with The Counseling Team, for providing pre- 8 enployrrent psychological evaluations of applicants to the San Bernardino 9 Police 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 length. 12 SECTICN 2. The authorization to execute the above-referenced 13 agreement is rescinded if the parties to the agreement fail to execute it 14 wi thin sixty (60) days of the passage of this resolution. 15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 16 May= and CaImxl Council of the City of San Bernardino at a 17 meeting thereof, held on the day of , 1990, by the 18 following vote, to wit: 19 I I I I 20 IIII 21 I I I I 22 IIII 23 IIII 24 IIII 25 II II 261111 27 I I I I 28 IIII August 27, 1990 o . . o .. . o ~ ~ ... o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 1 . - . - - o o o 1 AGREEMENT 2 THIS AGREEMENT, made and entered into at San Bernardino, 3 4 California, this day of , 1990, by and between the City of San Bernardino, a municipal corporation 5 (hereinafter referred to as "CITY"), and The Counseling team 6 (hereinafter referred to as "CONSULTANT"). 7 8 9 1. Scope of Work. A. CONSULTANT hereby agrees to perform the following services: (1) Perform pre-employment psychological examinations and submit reports as requested by CITY of applicants for positions with the San Bernardino Police Department Dispatch center to ensure that the applicant is free from job-related psychopathology, including personality disorders. This determination shall be made by a qualified professional as defined in Government Code Section 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 103l(f); and, at a minimum, two psychological tests shall be used--one that is oriented to the identification of patterns of abnormal behavior and another that is oriented to the assessment of normal behavior. (3) All final recommendations to disqualify candidates for psychological unsuitability shall be JFW:br[Consulta.Agr] ~ ~t/~ 1 c 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 2. o o ~ ) based, in part, on a clinical interview conducted by a qualified professional as defined in Government Code Section 1031(f); all individuals for whom the psychological test data are inconclusive shall be interviewed. (4) Any reference herein to Government Code Section 1031(f) and the requirements therein refer to any employment applicant for the San Bernardino Police Department Dispatch Center and is not limited to/those applicants for employment as a Dispatcher. (5) City of San Bernardino through its Civil Service Board reserves the right to set standards creating the psychological profile of acceptability for employment within the Dispatch center. B. Each written report by CONSULTANT shall also be accompanied by an "Authorization for the Release of Medical Information by a Provider of Health Care" in a form consistent with the provisions of California Civil Code Section 56.11. C. CONSULTANT shall be available for consultation with respect to any of their examinations and reports and shall submit supplemental reports as requested by CITY through its Civil Service Board or the Chief Examiner. Confidentiality to be Assured. CONSULTANT shall maintain the confidentiality of all applicants referred for evaluation. CONSULTANT shall 27 assure that all personal information imparted by an 28 / / / JFW:br[Consu1ta.Agr] 2 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ~ applicant will be respected and safeguarded. Such information may be used only in a professional manner for the purpose of helping to determine an applicant's ability to perform the job he/she is applying for. CONSULTANT'S records shall be kept secure in accordance with the code of ethics of the profession, Federal regulations, and State laws. CONSULTANT'S shall maintain in good order a fire and burglar alarm system to protect its records. 3. Term. This agreement shall commence on September 17, 1990, and terminate on June 31, 1991. 4. Provision for Payment. A. Rate of Compensation: (1) CITY agrees to pay CONSULTANT the sum of $125.00 for each pre-employment psychological examination and report performed by CONSULTANT at the request of CITY. B. Manner of Compensation: (1) CONSULTANT shall maintain and file with the Police Department a monthly record of services performed. (2) The Civil Service Board Chief Examiner shall submit a claim or request for payment based on such record to the Finance Department in such manner that CONSULTANT shall be paid monthly. (3) CONSULTANT shall assume and pay all out-of- pocket expenses and costs of performing services under this agreement except as otherwise specifically JFW:br[Consu1ta.Agr] 3 o o o ~ 1 provided herein, and CITY shall not be liable for any 2 such costs and expenses. 3 5. Amendments. 4 This agreement may be amended or modified only by 5 written agreement executed by both parties. 6 6. Assignment. 7 CONSULTANT'S rights under this agreement shall not be 8 assigned by CONSULTANT to any other person, firm or 9 corporation without the prior written consent of the CITY. 10 7. Relationship of Parties. 11 CONSULTANT is acting as an independent contractor, and 12 not as an employee of the CITY. In the performance of 13 personal services pursuant to the provisions of this 14 agreement, CONSULTANT shall not be supervised, directed, or 15 under the control or authority of any CITY officer or 16 employee, except and to the extent as may be expressly or 17 implicitly required by the terms and provisions of this 18 agreement. Any direction or control so required under this 19 agreement shall be limited to broad objectives or goals of 20 the project or program to be accomplished and not to the 21 details and procedures to accomplish such objectives or 22 goals. CONSULTANT shall not be obligated to conform to the 23 supervision or direction of CITY officers or employees 24 which are not authorized herein. Changes or modifications 25 of said objectives and goals may be made by written 26 recommendations of either party subject to the concurrence 27 of the other party in writing. 28 / / / JFW:br[Consulta.Agr] 4 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ~ 8. Hold Harmless. CONSULTANT hereby agrees to, and shall, defend, indemnify, and hold harmless CITY, its elective and appointive boards, commissions, officers, agents and employees from any liability, claim, suit or actions at law or in equity for damages including personal injury or death, caused or alleged to have been caused by reason of CONSULTANT'S performance under this agreement, including any claims that may arise against CITY by reason of CONSULTANT'S legal relationship with CITY being categorized as other than that of an independent contractor. 9. Insurance. 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: A. Workers' Compensation. 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. B. Professional Liability Insurance. Professional liability insurance covering the JFW:br[Consulta.Agr] 5 c 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 8 10. 11. 12. o 0 ') 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 notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows: CITY CONSULTANT Civil Service Board Chief Examiner 300 North "0" Street San Bernardino, CA 92418 The Counseling Team Dr. Nancy K. Bohl, Ph.D. 225 West Hospitality Lane Suite 100 San Bernardino, CA 92408 28 / / / 6 JFW:br[Consulta.Agr] c 10 11 o o J ~. 1 13. Entire agreement. 2 This contract constitutes the entire agreement between 3 CITY and CONSULTANT and may be modified only by further 4 written agreement between the parties. 5 IN WITNESS WHEREOF, this agreement has been executed by the 6 parties effective as of the date and year first above written. 7 8 9 CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California By: W.R. HOLCOMB, Mayor City of San Bernardino 12 ATTEST: 13 14 15 16 17 By: City Clerk THE COUNSELING TEAM By: Dr. Nancy K. Bohl, Ph.D. Director 18 Approved as to form and legal content: 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney ~~) JFW:br[Consulta.Agr] 7