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HomeMy WebLinkAbout19-Police Department l. - CITY OF SAN BERNJ;ADINO - REQUEST FC:lR COUNCIL ACTION . . . From: DANIEL A. ROBBINS CHIEF OF POLICE Dept: POLICE Date: JUNE 18, 1991 Subj~: RENEWAL OF AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE COUNSELING TEAM TO PROVIDE PRE-EMPLOYMENT PSYCHOLOGICAL EXAMINATION OF POLICE DISPATCHER CANDIDATES Synopsis of Previous Council action: The Mayor and Common Council adopted resolution #90-394, on September 17, 1990, authorizing an agreement with The Counseling Team to provide pre-employment psychological evaluations of applicants to the San Bernardino Police Department Dispatch Center. Recommended motion: Adopt -Resolution. Contect person: Thomas D. Maier, Li eutenant Phone: 384-5695 Supporting date BttBched: $lZ!l.UU Per Amount: Evaluation Ward: FUNDING REQUIREMENTS: Source: 001-224-53150 ~yj~ Finance: Council Notes: 75-0262 Agenda Item No /9 - IlII . - ....... ... - CITY ,OF SAN BERN~DINO - REQUEST FC)R COUNCIL ACTION . . STAFF REPORT The City of San Bernardino entered into a contractual agreement with The Counseling Team which provides for pre-employment testing of candidates applying for the position of Police Dispatcher, to determine psychological suitabil ity. The agreement commenced on September 17, 1990, and terminates on July 31, 1991. The Counseling Team has adhered to all terms of the agreement and the level and quality of service has been satisfactory. The need for pre-employment testing of police dispatcher candidates is on- going, to continue to insure the psychological suitability of those persons apply for the position. In the near future this will be a mandate for certification through Police Officers Standards and Training (POST), which includes reimbursement for training. 6-18-91 15.0264 - 1 .It .. - o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE- 3 EMPLOYMENT PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT DISPATCH CENTER. 4 5 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTI ON 1. The Mayor is hereby authori zed and directed to execute on behalf of said City an Agreement with The Counseling Team, for providing pre- employment psychological evaluations of applicants to the San Bernardino 9 Pol ice Department Dispatch Center, which agreement is attached hereto, marked 10 Exhibit "A". and incorporated herein by reference as fully as though set forth 11 at 1 ength. 12 SECTION 2. The authorization to execute the above-referenced 13 agreement is resc i nded if the part i es to the agreement fail to execute it 14 within sixty (60) days of the passage of this resolution. 15 I HEREBY CERTIFY that the foregoi ng reso 1 ut i on was duly adopted by the 16 Mayor and Common Council of the City of San Bernardino at a 17 meet i ng thereof, held on the 18 the following vote, to wit: 19 I I I I 20 IIII 21 I I I I 22 IIII 23 24 25 26 27 28 day of , 1991, by I I I I I I I I I I I I I I I I I I I I I I I I June 18, 1991 - o o 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE- 2 EMPLOYMENT PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT DISPATCH CENTER. AYES NAYES ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER C ITY CLERK The foregoing resolution is hereby approved this day of , 1991. W. R. HOMCOMB, MAYOR City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney BY:~ / June 18, 1991 2 1 2 3 4 5 6 7 1. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I I I I 28 IIII June 18, 1991 o o AGREEMENT This Agreement, made and entered into at San Bernardino, California, this day of , 1991, by and between the City of San Bernardino, a municipal corporation (hereinafter referred to as "CITY"), and The Counseling Team (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT agree as follows: Scope of Work. A. CONSULTANT hereby agrees to perform the following services: (1) Perform pre-employment psychological examinations and submit reports as requested by CITY of applicants for positions with the San Bernardino Pol ice Department Di spatch Center to ensure that the appl i cant is free from job-related psychopathology, i ncl udi ng personality disorders. This determination shall be made by a qualified professional as defined in Government Code Section 1031(f). (2) Psychological suitability shall be determined, in part, on the basis of objective psychological test score information as defined in Government Code Section 1031(f); and, at a minimum, two psychological tests shall be used--one that is oriented to the identification of patterns of abnormal behavior and another that is oriented to the assessment of normal behavior. (3) All final recommendations to disqualify candidates for pSYChological unsuitability shall be based, in part, on a clinical interview conducted by a qualified professional as defined in Government Code Section 1031(f); all individuals for whom the psychological test data are inconclusive shall be interviewed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2. 16 17 18 19 20 21 22 23 24 25 3. o o (4) Any reference herein to Government Code Section 1031(f) and the requi rements therei n refer to any employment app 1 i cant for the San Bernardino Pol ice Department Dispatch Center and is not limited to those applicants for employment as a Dispatcher. (5) The San Bernardino Police Department reserves the right to set standards creati ng the psycho 1 ogi ca 1 profil e of acceptabil ity for employment within the Dispatch Center. B. Each written report by CONSULTANT shall also be accompanied by an "Authorization for Release of Medical Information by a Provider of Health Care" in a form consistent with the provisions of California Civil Code Section 56.11. C. CONSULTANT shall be available for consultation with respect to any of their examinations and reports and shall submit supplemental reports as requested by CITY. Confidentiality to be Assured. CONSULTANT shall maintain the confidentiality of all applicants referred for evaluation. CONSULTANT shall assure that all personal information imparted by an appl icant will be respected and safeguarded. Such information may be used only in a professional manner for the purpose of helping to determine an applicant's ability to perform the jOb he/she is applying for. CONSULTANT'S records shall be kept secure in accordance with the code of ethics of the profession, Federal regul ations, and State 1 aws. CONSUL TANT shall mai ntai n in good order a fire and burglar alarm system to protect its records. Term. 26 This agreement 27 June 30, 1992. 28 / / / / June 18, 1991 shall commence on July 1, 1991, and terminate on 2 o o . 1 4. Provisions for Payment. 2 A. Rate of Compensation: 3 (1) CITY agrees to pay CONSULTANT the sum of $125.00 for each 4 pre-employment psychological examination and report performed by 5 CONSUL TANT at the request of CITY. 6 B. Manner of Compens at i on: 7 (1) CONSULTANT shall maintain and file with the Pol ice 8 Department a monthly record of services performed. 9 (2) The Police Department shall submit a claim or request for 10 payment based on such record to the Fi nance Department in such 11 manner that CONSULTANT shall be paid monthly. 12 (3) CONSULTANT shall assume and pay all out-of-pocket expenses 13 and costs of performing servi ces under thi s agreement excepted as 14 otherwise specifically provided herein, and CITY shall not be liable 15 for any such costs and expenses. 16 5. Amendments. 17 This agreement may be amended or modified only by written agreement 18 executed by both parties. 19 6. Assignment. 20 CONSULTANT'S rights under this agreement shall not be assigned by 21 CONSUL TANT to any other person, firm or corporation without the prior 22 written consent of the CITY. 23 7. Relationship Of Parties. 24 CONSUL TANT is act i ng as an independent contractor, and not as an 25 employee of the CITY. In the performance of personal services pursuant 26 to the provisions of this agreement, CONSULTANT shall not be supervised, 27 I I I I 28 IIII June 18, 1991 3 o o 1 directed, or under the control or authority of any CITY officer or 2 employee, except and to the extent as may be expressly or implicitly 3 required by the terms and provisions of this agreement. Any direction or 4 control so required under this agreement shall be 1 imited to broad 5 objectives or goals of the project or program to be accomplished and not 6 to the detail s and procedures to accompl i sh such objecti ves or goals. 7 CONSULTANT shall not be obligated to conform to the supervision or 8 direction of CITY officers or employees which are not authorized herein. 9 Changes or modifications of said objectives and goals may be made by 10 written recommendations of either party subject to the concurrence of the 11 other party in writing. 12 8. Hold Harmless. 13 CONSULTANT hereby agrees to, and shall, defend, indemnify, and hold 14 harmless CITY, its elective and appointive boards, commissions, officers, 15 agents and employees from any 1 i abil ity, cl aim suit or acti ons at 1 aw or 16 in equity for damages including personal injury or death, caused or 17 all eged to have been caused by reason of CONSULTANT'S performance under 18 this agreement, including any claims that may arise against CITY by 19 reason of CONSULTANT'S legal relationship with CITY being categorized as 20 other than that of an independent contractor. 21 g. Insurance. 22 CONSULTANT shall provide to CITY evidence of insurance covering 23 CONSULTANT and CITY as an additional insured as to any potential 24 liability to CONSULTANT and CITY. The evidence to be provided shall be a 25 Certificate of Insurance describing the coverage provided and naming CITY 26 as an additional insured. The insurance shall consist of the following: 27 I I I I 28 IIII June 18, 1991 4 o o A. Workers' Compensation. CONSUL TANT shall provi de proof of workers' compensat i on insurance coverage for all of its employees pursuant to this agreement. Evidence of such insurance shall be furnished to CITY'S Risk Management Division prior to commencement of this agreement. B. Professional Liability Insurance. Professional liability insurance covering the professional services provided by CONSULTANT, including coverage for professional errors and omissions, in a combined single limit of not less than $1,000,000.00 per person. C. Certificate of Insurance The Certificate of Insurance shall provide that the CITY shall be notified, in writing, thirty (30) days prior to any cancellation or reduction in the above insurance coverages. Attorney's Fees. In the event an action is filed by either party to enforce rights under this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief granted by the court. Termination of Agreement. Either party may terminate this agreement without cause and for any reason by giving thirty (30) days advance written notice of termination to the other party. Notices. Any noti ce required to be gi ven hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows: 28 IIII June 18, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 10. 16 17 18 19 20 11. 21 22 23 24 12. 25 26 27 5 , . o o 1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNSELING TEAM TO PROVIDE PSYCHOLOGICAL EVALUATIONS ON APPLICANTS TO THE SAN BERNARDINO POLICE 2 DEPARTMENT DISPATCH CENTER. 3 4 5 6 7 13. 8 CITY Chief of Police Police Department 466 West 4th Street San Bernardino, CA 92401 CONSULTANT The Counseling Team Dr. Nancy K. Bohl, Ph.D. 225 West Hospitality Lane Suite 100 San Bernardino, CA 92408 Entire Agreement. This contract constitutes the CONSULTANT and may be modified only the parties. entire agreement between CITY and by further written agreement between 9 10 IN WITNESS WHEREOF, this agreement has been executed by the parties effective as of the date and year first above written. 11 12 13 14 15 16 17 18 ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California By W. R. Holcomb, Mayor City Clerk THE COUNSELING TEAM 19 20 21 Approved as to form and legal content: 22 23 24 25 26 By Dr. Nancy K. Bohl, Ph.D. Director JAMES F. PENMAN City Attorney B~ 27 28 June 18, 1991 6