HomeMy WebLinkAbout14- Civil Service CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: H. Doug Chandler Subject: Agreement with Dr. Lawrence Blum and
Dr. Joseph Malancharuvil to conduct psychological
Dept: Civil Service ORIGINAL aminations for the Police Department
Date: Apri 1 21, 1998
Synopsis of Previous Council action:
On November 3, 1997, the Council approved an agreement for Dr. Lawrence Blum to conduct
psychological examinatins for the Police Department. This agreement was approved
through March 31, 1993. The Council also directed the Civil Service Department to
mail out requests for proposal to local psychologists.
APP 2 4 1998
Recommended motion:
Adopt resolution
r Signature
Contact person: H Mug Chandler Phone: 5008
Supporting data attached: Agreement Ward:
FUNDING REQUIREMENTS: Amount:_ $ 30,700
Source: (Acct No ) 001-141-5505
Acct. Description) Medical Examinations
Finance: - lt-
Council Notes:
75-0262 Agenda Item No. A*
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The agreement for conducting pre-employment psychological
evaluations for the San Bernardino Police Department has been held
by Dr. Lawrence Blum since 1988 and it has been renewed on an
annual basis since then.
This year, at the request of the Council, the Civil Service
Department mailed out 19 requests for proposal to local
psychologists which included the current provider, Dr. Blum. The
requests for proposal were mailed out on 28 January 1998, and were
scheduled to be returned to Civil Service no later than 23 February
1998.
Of the 19 requests mailed, six psychologists responded. Of those
six, two submitted the same cost proposal for psychological
services. In keeping with the City's desire to utilize as many
local providers as possible and since the two psychologists
submitted the same cost proposal, it was decided that two
agreements would be written and the Police Chief and the Chief
Examiner would have the discretion of using whichever provider they
wish. The Civil Service Board discussed and approved this
procedure at its meeting on April 14, 1998.
Both agreements covering the period April 1, 1998 through March 31,
1999, for Dr. Lawrence Blum or Dr. Joseph Malancharuvil to provide
psychological examinations for the Police Department are attached.
These agreements represent no increase in cost to the City.
75-0264
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT
PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with Dr. Lawrence Blum for the purpose of
9 conducting psychological examinations for the Police
10 Department, copy of which is attached hereto, marked Exhibit
11 "A" , and incorporated herein by reference as fully as though
12 set forth at length.
13 SECTION 2 . This agreement shall not take effect until
14 fully signed and executed by all parties. The City shall not
15 be obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be
17 implied or authorized.
18 SECTION 3 . The authorization to execute the above
19 referenced agreement is rescinded if the parties to the
20 agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
22 I HEREBY CERTIFY that the foregoing resolution was duly
23 adopted by the Mayor and Common Council of the City of San
24 Bernardino at a meeting thereof, held on the
25 day of 1998, by the following vote, to wit:
26
27
28
1
2 RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE BLUM TO
CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
3
4 COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
5 ESTRADA
6 LIEN
7 ARIAS
8 SCHNETZ
9 DEVLIN
10 ANDERSON
11 MILLER
12
13 CITY CLERK
14
15 The foregoing resolution is hereby approved this
day of , 1998.
16
17
18
19 Judith Valles, Mayor
City of San Bernardino
20
21 Approved as to
22 form and legal content:
23
24 JAMES F. PENMAN
City Attorney
25
26
27 By
2
28
�.
1 EXHIBIT A
AGREEMENT
2
HIS AGREEMENT is made and entered into at San Bernardino
3
California, this day of 1998, by and between the
4
ITY OF SAN BERNARDINO, a municipal corporation hereinafter
5
called "CITY" , and Dr. Lawrence Blum, Ph.D. , Inc. , Clinical
6
Psychologist, hereinafter referred to as "BLUM" .
7
The parties agree as follows:
8
1. Scope of work:
9
A. At the discretion of the Chief of police and
10 the Chief Examiner, BLUM hereby agrees to perform
the following services:
11
1. Perform pre-employment psychological
12 examinations and submit reports as requested by
CITY.
13
2 . Perform fitness for duty examinations and
14 submit reports as requested by CITY.
15 3 . Provide court testimony as requested by
CITY.
16
B. These services shall be provided pursuant to
17 the "Methods of Assessment in Examinations" and
"Response and Report to the Chief Examiner"
18 provisions in Exhibit 1 and Exhibit 2, attached and
incorporated herein by reference as though fully set
19 forth.
20 C. Each written report by BLUM shall be
accompanied by an "Authorization for the Release of
21 Medical Information by a Provider of Health Care" in
a form consistent with the provisions of California
22 Civil Code Section 56.11.
23 D. BLUM shall be available for consultation with
respect to any of his examinations and reports and
24 shall submit supplemental reports as requested by
CITY.
25
2 . Term
26
The term of this agreement shall commence on April
27 1, 1998, and terminate on March 31, 1999.
28
1
2
3 . Option to Extend
3 Upon expiration of the term hereof, City shall have the
4 option to extend this agreement for a one year period
upon the same terms and conditions.
5 4 . Provision for Payment
6 A. Rate of Compensation
7
(1) CITY agrees to pay BLUM the sum of $200.00
8 for each safety officer pre-employment psychological
examination and $150.00 for each Police Dispatcher pre-
9 employment psychological examination and report performed
by BLUM at the request of CITY.
10 (2) CITY agrees to pay BLUM the regular sum of
11 $350. 00 for each fitness for duty examination and report
performed by BLUM at the request of CITY, plus $100. 00
12 per hour for any additional work with prior approval by
the Chief Examiner.
13
(3) CITY agrees to pay BLUM the sum of $80. 00
14 per hour for preparation and court testimony performed by
BLUM at the request of CITY upon reasonable notice.
15
(4) CITY agrees to pay BLUM the sum of $100.00
16 for appointments cancelled without the customary 24 hour
notice.
17
B. Manner of Compensation
18
(1) BLUM shall maintain and file with the
19 Chief Examiner a monthly record of services performed.
20 (2) The Chief Examiner shall submit a claim or
request for payment based on such record to the Finance
21 Department in such manner that BLUM shall be paid
monthly.
22
(3) BLUM shall assume and pay all out-of-
23 pocket expenses and costs of performing services under
this agreement except as otherwise specifically provided
24 herein, and CITY shall not be liable for any such costs
and expenses.
25 5. Amendments
26
This agreement may be amended or modified only
27 by written agreement executed by both parties.
28 / / / / /
2
1
2 6. Assignment
3 BLUM'S rights under this agreement shall not be
assigned by BLUM to any other person, firm or corporation
4 without the prior written consent of the CITY.
5 7. Relationship of Parties
6 BLUM is acting as an independent contractor, and not
as an employee of the CITY. In their performance of
7 personal services pursuant to the provisions of this
agreement, BLUM shall not be supervised, directed, or
8 under the control or authority of any City Officer or
employee, except and to the extent as may be expressly or
9 implicitly required by the terms and provisions of this
agreement. Any direction or control so required under
10 this agreement shall be limited to broad objectives or
goals of the project or program to be accomplished and
11 not to the details and procedures to accomplish such
objectives or goals. BLUM shall not be obligated to
12 conform to the supervision or direction of City officers
or employees which are not authorized herein. Changes or
13 modifications of said objectives and goals may be made by
written recommendations of either party subject to the
14 concurrence of the other party in writing.
15 8• INDEMNIFICATION, DEFENSE, HOLD HARMLESS
16 BLUM hereby agrees to defend, indemnify and hold
harmless CITY, its officers and employees from and
17 against any and all liability, damages, costs, losses.
claims and expenses, however caused, arising from BLUM'S
18 negligence or willful misconduct in the performance of
this agreement and also including any claims that may
19 arise against CITY by reason of BLUM'S legal relationship
with CITY being categorized as other than that of an
20 independent contractor. Any concurrent negligence or
willful misconduct of CITY, its officers and employees
21 shall in no way diminish BLUM'S obligations hereunder.
22 9. Insurance
23 BLUM shall provide to CITY evidence of insurance
covering BLUM and CITY as an additional insured as to any
24 potential liability to BLUM and CITY. The evidence to be
provided shall be a Certificate of Insurance describing
25 the coverage provided and naming CITY as an additional
insured. The insurance shall require the City to be
26 notified of any change or termination ten (10) days in
advance, and shall consist of the following:
27
28
3
1
2 A. Workers' Compensation
3 BLUM shall provide proof of workers'
compensation insurance coverage for all of its
4 employees pursuant to this agreement. Evidence of
such insurance shall be furnished to City's Risk
5 Management Division prior to commencement of this
agreement.
6 B. Professional Liability Insurance
7 Professional liability insurance covering the
8 professional services provided by BLUM, including
coverage for professional errors and omissions, in
9 a combined single limit of not less than
$1, 000, 000. 00 per person.
10 10. Attorneys' Fees
11 In the event an action is filed by either party to
12 enforce rights under this agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees
13 in addition to any other relief granted by the court. The
costs, salary and expenses of the City Attorney and
14 members of his office in enforcing this agreement on
behalf of the City shall be considered as "attorney's
15 fees" for the purposes of this paragraph.
16 11. Termination of Agreement
17 Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days
18 advance written notice of termination to the other party.
19 12 . Notices
20 Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in
21 the United States mail, postage prepaid, and addressed as
follows:
22 Chief Examiner Dr. Lawrence Blum
23 City of San Bernardino Ph.D. , Inc.
300 North "D" Street 540 N. Golden Circle Dr. #115
24 San Bernardino, CA 92418 Santa Ana, CA 92705
25 13 . Entire Agreement
26 This agreement constitutes the entire agreement
between CITY and BLUM and may be modified only by further
27 written agreement between the parties.
28 /
4
1
2 AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL
EXAMINATIONS FOR THE POLICE DEPARTMENT.
3
4 IN WITNESS WHEREOF, this agreement has been executed
5 by the parties effective as of the date and year above
6 written.
7 CITY OF SAN BERNARDINO, a
Municipal Corporation of
8 the State of California
ATTEST:
9
10
BY:
11 City Clerk Judith Valles, Mayor
12
13 DR. LAWRENCE BLUM, Ph.D.
14
15 BY:
Dr. Lawrence Blum, Ph.D.
16
17
Approve as to form
18 and Legal Content:
19
20
JAMES F. PENMAN,
21 City Attorney
22
i%
23 BY:
24
25
26
27
28 / / / /
5
1
2 EXHIBIT 1
Police Officers
3 A. Methods of Assessment in Examinations:
4
Two main methods will be used in examinations. They are
5 as follows:
6 1. Use of structured clinical interviews performed with each
candidate in either pre-employment or fitness for duty
7 examinations. Included in the interview will be both
psychodiagnostic information used in assessment of
8 emotional, mental and behavioral stability; simulated
case situations used in assessing response tendencies in
9 specified areas of police work. Of importance here is
assessment of availability of internal resources the
10 officer has which will likely be used in order
maintenance, crime suppression, or investigative areas of
11 police work; aspects of the candidate's past life
experiences which will be influential in his/her dealing
12 with subjects, suspects, and other police personnel,
especially command; strengths and weaknesses in the
13 candidate's personality, experience, and ability, and the
candidate's ability to acknowledge areas needing
14 improvement; and finally ability to communicate
assertively under differing conditions.
15
2 . Use of Psychological Test Instruments in Examinations.
16 Two Personality profile tests will be administered to
each candidate. They are the Minnesota Multiphasic
17 Personality Inventory (MMPI) and the California
Psychological Inventory (CPI) .
1s B. Report to the Chief Examiner:
19 Pre-employment examinations:
20 within two (2) weeks following completion of examinations
a written report will be made to the Chief Examiner which
21 will document work relevant information, including
justification for recommendations. Two response
22 categories will be provided: Pass or Fail. Dr. Blum
shall directly contact only the Lieutenant in charge of
23 training of the San Bernardino Police Department, and
shall communicate only as to his need for data specific
24 to the criteria used in A. 1 above.
25 C. Report to the Chief of Police:
26 Fitness for Duty Examinations:
These examinations shall include structured clinical
27 interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
28 completion of examinations a written report will be made
to the Chief of Police or Assistant Chief of Police which
1
2 will document work relevant information, and set forth a
recommendation as to the potential for future
3 rehabilitation of the employee. Where the doctor
determines that the employee is in a crisis situation, as
4 determined by the doctor, an oral recommendation shall be
made to the Chief of Police on shorter notice to be
5 followed immediately by a written confirmation.
6 D. Information obtained hereunder shall be released only as
provided in California Civil Code Section 56. 10. All
7 ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this agreement,
8 Dr. Blum shall transfer such files to such persons as the
Chief Examiner shall advise him of in writing. Dr. Blum
9 shall be entitled to recover his costs of such transfer.
10 E. In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
11 Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
12 resulting in any way from recommendations arising from
contracted evaluations. An additional fee will be
13 charged for each hour or preparation and testimony
required.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2 EXHIBIT 2
Police Dispatchers
3 A. Methods of Assessment in Examinations:
4
Two main methods of assessment will be used in
5 examinations. They are as follows:
6 1. Use of structured clinical interviews performed with
each candidate in pre-employment examination. Included
7 in the interview will be information used in assessment
of emotional, mental and behavioral stability; and
8 response tendencies in specific areas of interpersonal
skills; cooperative--i.e. , team play, self-initiative,
9 decision making, ability and commitment to follow through
on tasks, stability in the manner in which they respond
10 to problems, effective ability to express themselves, and
willingness and ability to conform their behavior and
11 attitudes to the requirements of the work setting.
12 2 . Use of Psychological Test Instruments in
Examinations. Two personality profile tests will be
13 administered to each candidate. They are the Minnesota
Multiphasic Personality Inventory (MMPI) and the
14 California Psychological Inventory (CPI) .
15 B. Report to the Chief Examiner:
16 Pre-Employment Examinations:
Within two (2) weeks following completion of examinations
17 a written report will be made to the Chief Examiner which
will document work relevant information, including
18 justification for recommendations. Two response
categories will be provided: Pass of Fail. Dr. Blum
19 shall not directly contact the San Bernardino Police
Department regarding the examination of any person for
20 employment with that department.
21 C. Report to the Chief of Police:
22 Fitness-for-duty examinations:
These examinations shall include structured clinical
23 interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
24 completion of examinations a written report will be made
to the Chief of Police or Assistant Chief of Police which
25 will document work relevant information, and set forth a
recommendation as to the potential for future
26 rehabilitation of the employee. Where the doctor
determines that the employee is in a crisis situation, as
27 determined by the doctor, an oral recommendation shall be
made to the Chief of Police on shorter notice to be
28 followed immediately by a written confirmation.
1
2 D. Information obtained hereunder shall be released only as
provided in California Civil Code Section 56. 10. All
3 ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this agreement
4 and any extensions thereof. Upon termination of this
agreement, Dr. Blum shall transfer such files to such
5 persons as the Chief Examiner shall advise him of in
writing. Dr. Blum shall be entitled to recover his costs
6 of such transfer.
7 E. In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
8 Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
9 resulting in any way from recommendations arising from
contracted evaluations. An additional fee will be
10 charged for each hour of preparation and testimony
required.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH DR. JOSEPH MALANCHARUVIL TO
CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with Dr. Joseph Malancharuvil for the
9 purpose of conducting psychological examinations for the
10 Police Department, copy of which is attached hereto, marked
11 Exhibit "A" , and incorporated herein by reference as fully as
12 though set forth at length.
13 SECTION 2 . This agreement shall not take effect until
14 fully signed and executed by all parties. The City shall not
15 be obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be
17 implied or authorized.
18 SECTION 3 . The authorization to execute the above
19 referenced agreement is rescinded if the parties to the
20 agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
22 I HEREBY CERTIFY that the foregoing resolution was duly
23 adopted by the Mayor and Common Council of the City of San
24 Bernardino at a meeting thereof, held on the
25 day of , 1998, by the following vote, to wit:
26
27
28
1
2 RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. JOSEPH
MALANCHARUVIL TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
3 POLICE DEPARTMENT.
4 COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
5 ESTRADA
6 LIEN
7 ARIAS
8 SCHNETZ
9 DEVLIN
10 ANDERSON
11 MILLER
12
13 CITY CLERK
14
15 The foregoing resolution is hereby approved this
16 day of , 1998.
17
18
19 Judith Valles, Mayor
20 City of San Bernardino
21
22 Approved as to
form and legal content:
23
24 JAMES F. PENMAN
25 City Attorney
26
27
By: �•
28 2
1
EXHIBIT A
2 AGREEMENT
3 THIS AGREEMENT is made and entered into at San Bernardino
4 California, this day of 1998, by and between the
5 CITY OF SAN BERNARDINO, a municipal corporation hereinafter
6 called "CITY" , and Dr. Joseph Malancharuvil, Ph.D. , a
7 Psychological Corporation, hereinafter referred to as
8 "Malancharuvil" .
9 The parties agree as follows:
10 1. Scope of work:
11 A. At the discretion of the Chief of Police and
12 the Chief Examiner, MALANCHARWIL hereby agrees to
perform the following services:
13 1. perform pre-employment psychological
14 examinations and submit reports as requested by
CITY.
15 2. Perform fitness for duty examinations and
16 submit reports as requested by CITY.
17 3 . Provide court testimony as requested by
CITY.
18
B. These services shall be provided pursuant to
19 the "Methods of Assessment in Examinations" and
"Response and Report to the Chief Examiner"
20 provisions in Exhibit 1 and Exhibit 2 , attached and
incorporated herein by reference as though fully set
21 forth.
22 C. Each written report by MALANCHARUVIL shall be
accompanied by an "Authorization for the Release of
23 Medical Information by a Provider of Health Care" in
a form consistent with the provisions of California
24 Civil Code Section 56.11.
25 D. MALANCHARUVIL shall be available for
consultation with respect to any of his examinations
26 and reports and shall submit supplemental reports as
requested by CITY.
27
28 / / / /
1
2 2 . Term
3 The term of this agreement shall commence on April
1, 1998, and terminate on March 31, 1999.
4 3 . Option to Extend
5 Upon expiration of the term hereof, City shall have the
6 option to extend this agreement for a one year period
upon the same terms and conditions.
7 4. Provision for Payment
8 A. Rate of Compensation
9 (1) CITY agrees to pay MALANCHARUVIL the sum
10 of $190. 00 for each safety officer pre-employment
psychological examination and $150. 00 for each Police
11 Dispatcher pre-employment psychological examination and
report performed by MALANCHARUVIL at the request of CITY.
12 (2) CITY agrees to pay MALANCHARUVIL the
13 regular sum of $350. 00 for each fitness for duty
examination and report performed by MALANCHARUVIL at the
14 request of CITY, plus $100.00 per hour for any additional
work with prior approval by the Chief Examiner.
15 (3) CITY agrees to pay MALANCHARUVIL the sum
16 of $90. 00 per hour for preparation and court testimony
performed by MALANCHARUVIL at the request of CITY upon
17 reasonable notice.
18 (4) CITY agrees to pay MALANCHARUVIL the sum
of $100.00 for appointments cancelled without the
19 customary 24 hour notice.
20 B. Manner of Compensation
21 (1) MALANCHARUVIL shall maintain and file with
the Chief Examiner a monthly record of services
22 performed.
23 (2) The Chief Examiner shall submit a claim or
request for payment based on such record to the Finance
24 Department in such manner that MALANCHARUVIL shall be
paid monthly.
25 (3) MALANCHARUVIL shall assume and pay all
26 out-of-pocket expenses and costs of performing services
under this agreement except as otherwise specifically
27 provided herein, and CITY shall not be liable for any
such costs and expenses.
28 2
1
2 5. Amendments
3 This agreement may be amended or modified only
by written agreement executed by both parties.
4 6. Assignment
5 MALANCHARUVIL'S rights under this agreement shall
6 not be assigned by MALANCHARUVIL to any other person,
firm or corporation without the prior written consent of
7 the CITY.
8 7. Relationship of Parties
9 MALANCHARUVIL is acting as an independent
contractor, and not as an employee of the CITY. In their
10 performance of personal services pursuant to the
provisions of this agreement, MALANCHARUVIL shall not be
11 supervised, directed, or under the control or authority
of any City Officer or employee, except and to the extent
12 as may be expressly or implicitly required by the terms
and provisions of this agreement. Any direction or
13 control so required under this agreement shall be limited
to broad objectives or goals of the project or program to
14 be accomplished and not to the details and procedures to
accomplish such objectives or goals. MALANCHARUVIL shall
15 not be obligated to conform to the supervision or
direction of City officers or employees which are not
16 authorized herein: Changes or modifications of said
objectives and goals may be made by written
17 recommendations of either party subject to the
concurrence of the other party in writing.
18 HOLD HARMLESS
8. INDEMNIFICATION DEFENSE, _
19 MALANCHARUVIL hereby agrees to defend, indemnify and
20 hold harmless CITY, its officers and employees from and
against any and all liability, damages, costs, losses,
21 claims and expenses, however caused, arising from
MALANCHARUVIL'S negligence or willful misconduct in the
22 performance of this agreement and also including any
claims that may arise against CITY by reason of
23 MALANCHARUVIL'S legal relationship with CITY being
• categorized as other than that of an independent
24 contractor. Any concurrent negligence or willful
misconduct of CITY, its officers and employees shall in
25 no way diminish MALANCHARUVIL'S obligations hereunder.
26
27
28 / / / / 3
1
2 9. Insurance
3 MALANCHARUVIL shall provide to CITY evidence of
insurance covering MALANCHARUVIL and CITY as an
4 additional insured as to any potential liability to
MALANCHARUVIL and CITY. The evidence to be provided
5 shall be a Certificate of Insurance describing the
coverage provided and naming CITY as an additional
6 insured. The insurance shall require the City to be
notified of any change or termination ten (10) days in
7 advance, and shall consist of the following:
8 A. Workers' Compensation
9 MALANCHARUVIL shall provide proof of workers'
compensation insurance coverage for all of its
10 employees pursuant to this agreement. Evidence of
such insurance shall be furnished to City's Risk
11 Management Division prior to commencement of this
agreement.
12
B. Professional Liability Insurance
13
Professional liability insurance covering the
14 professional services provided by MALANCHARUVIL,
including coverage for professional errors and
15 omissions, in a combined single limit of not less
than $1, 000, 000. 00 per person.
16 10. Attorneys' Fees
17
In the event an action is filed by either party to
18 enforce rights under this agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees
19 in addition to any other relief granted by the court. The
costs, salary and expenses of the City Attorney and
20 members of his office in enforcing this agreement on
behalf of the City shall be considered as "attorney's
21 fees" for the purposes of this paragraph.
22 11. Termination of Agreement
23 Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days
24 advance written notice of termination to the other party.
25 12 . Notices
26 Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in
27 the United States mail, postage prepaid, and addressed as
follows:
28
4
1
2 Chief Examiner Joseph Malancharuvil, Ph.D
City of San Bernardino 303 E. Vanderbilt, Suite 260
3 300 North "D" Street San Bernardino, CA 92408
San Bernardino, CA 92418
4 13 . Entire Agreement
5 This agreement constitutes the entire agreement
6 between CITY and MALANCHARWIL and may be modified only
by further written agreement between the parties.
7 IN WITNESS WHEREOF, this agreement has been executed
8
by the parties effective as of the date and year above
9 written.
10 CITY OF SAN BERNARDINO, a
11 Municipal Corporation of
the State of California
12 ATTEST:
13
14 BY:
City Clerk Judith Valles, Mayor
15
16 Joseph Malancharuvil, Ph.D.
17
18
BY:
19 Joseph Malancharuvil, Ph.D.
20
21 Approve as to form
and Legal Content:
22
23
24 JAMES F. PENMAN,
City Attorney
25
26
BY:
27
28
i,�/ 5
1 EXHIBIT 1
Police Officers
2
A. Methods of Assessment in Examinations:
3
Two main methods will be used in examinations. They are
4 as follows:
5 1. Use of structured clinical interviews performed with each
candidate in either pre-employment or fitness for duty
6 examinations. Included in the interview will be both
psychodiagnostic information used in assessment of
7 emotional, mental and behavioral stability; simulated
case situations used in assessing response tendencies in
8 specified areas of police work. Of importance here is
assessment of availability of internal resources the
9 officer has which will likely be used in order
maintenance, crime suppression, or investigative areas of
10 police work; aspects of the candidate's past life
experiences which will be influential in his/her dealing
11 with subjects, suspects, and other police personnel,
especially command; strengths and weaknesses in the
12 candidate's personality, experience, and ability, and the
candidate's ability to acknowledge areas needing
13 improvement; and finally ability to communicate
assertively under differing conditions.
14
2 . Use of Psychological Test Instruments in Examinations.
15 Two personality profile tests will be administered to
each candidate. They are the Minnesota Multiphasic
16 Personality Inventory (MMPI) and the California
Psychological Inventory (CPI) .
17
B. Report to the Chief Examiner:
18
Pre-employment examinations:
19 Within two (2) weeks following completion of examinations
a written report will be made to the Chief Examiner which
20 will document work relevant information, including
justification for recommendations. Two response
21 categories will be provided: Pass or Fail. Dr.
Malancharuvil shall directly contact only the Lieutenant
22 in charge of training of the San Bernardino Police
Department, and shall communicate only as to his need for
23 data specific to the criteria used in A. 1 above.
24 C. Report to the Chief of Police:
25 Fitness for Duty Examinations:
These examinations shall include structured clinical
26 interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
27 completion of examinations a written report will be made
to the Chief of Police or Assistant Chief of Police which
28
1
2 to the Chief of Police or Assistant Chief of Police which
will document work relevant information, and set forth a
3 recommendation as to the potential for future
rehabilitation of the employee. Where the doctor
4 determines that the employee is in a crisis situation, as
determined by the doctor, an oral recommendation shall be
5 made to the Chief of Police on shorter notice to be
followed immediately by a written confirmation.
6 D. Information obtained hereunder shall be released only as
7 provided in California Civil Code Section 56. 10. All
ratings, test results, and interview data shall be
8 maintained by Dr. Malancharuvil during the life of this
agreement, Dr. Malancharuvil shall transfer such files to
9 such persons as the Chief Examiner shall advise him of in
writing. Dr. Malancharuvil shall be entitled to recover
10 his costs of such transfer.
11 E. In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
12 Dr. Malancharuvil will provide any testimony and
documentation required to support the Department in
13 hearings or suits resulting in any way from
recommendations arising from contracted evaluations. An
14 additional fee will be charged for each hour or
preparation and testimony required.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
EXHIBIT 2
2 Police Dispatchers
3 A. Methods of Assessment in Examinations:
4 Two main methods of assessment will be used in
5 examinations. They are as follows:
6 1. Use of structured clinical interviews performed with
each candidate in pre-employment examination. Included
7 in the interview will be information used in assessment
of emotional, mental and behavioral stability; and
8 response tendencies in specific areas of interpersonal
skills; cooperative--i.e. , team play, self-initiative,
9 decision making, ability and commitment to follow through
on tasks, stability in the manner in which they respond
10 to problems, effective ability to express themselves, and
willingness and ability to conform their behavior and
11 attitudes to the requirements of the work setting.
12 2. Use of Psychological Test Instruments in
Examinations. Two personality profile tests will be
13 administered to each candidate. They are the Minnesota
Multiphasic Personality Inventory (MMPI) and the
14 California Psychological Inventory (CPI) .
15 B. Report to the Chief Examiner:
16 Pre-Employment Examinations:
Within two (2) weeks following completion of examinations
17 a written report will be made to the Chief Examiner which
will document work relevant information, including
18 justification for recommendations. Two response
categories will be provided: Pass of Fail. Dr.
19 Malancharuvil shall not directly contact the San
Bernardino Police Department regarding the examination of
20 any person for employment with that department.
21 C. Report to the Chief of Police:
22 Fitness-for-duty examinations:
These examinations shall include structured clinical
23 interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
24 completion of examinations a written report will be made
to the Chief of Police or Assistant Chief of Police which
25 will document work relevant information, and set forth a
recommendation as to the potential for future
26 rehabilitation of the employee. Where the doctor
determines that the employee is in a crisis situation, as
27 determined by the doctor, an oral recommendation shall be
made to the Chief of Police on shorter notice to be
28 followed immediately by a written confirmation.
I
2 D. Information obtained hereunder shall be released only as
provided in California Civil Code Section 56. 10. All
3 ratings, test results, and interview data shall be
maintained by Dr. Malancharuvil during the life of this
4 agreement and any extensions thereof. Upon termination
of this agreement, Dr. Malancharuvil shall transfer such
5 files to such persons as the Chief Examiner shall advise
him of in writing. Dr. Malancharuvil shall be entitled
to recover his costs of such transfer.
6
E. In the event of an administrative action or litigation
7
involving a candidate's appeal of the screening process,
Dr. Malancharuvil will provide any testimony and
8 documentation required to support the Department in
9 hearings or suits resulting in any way from
recommendations arising from contracted evaluations. An
additional fee will be charged for each hour of
10 preparation and testimony required.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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I T Y O F
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
May 26, 1998
Dr. Lawrence Blum, Ph.D.
540 N. Golden Circle Dr., #115
Santa Ana, CA 92705
Dear Dr. Blum:
At the Mayor and Common Council meeting of May 18, 1998, the City of San Bernardino
adopted Resolution 98-118 authorizing the execution of an agreement with Dr. Lawrence Blum
to conduct psychological examinations for the Police Department.
Enclosed are one (1) original agreement and two (2) duplicate original agreements. Please
obtain signatures where indicated and return the original agreement and one (1)duplicate original
agreement to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA 92418 as soon as
possible. Please keep a fully executed duplicate original agreement for your files. Said
agreements have been executed by the Mayor, City Clerk and City Attorney.
Please be advised that said resolution will be rescinded if parties fail to execute said documents
within sixty (60) days of the passage of this resolution. The documents must be executed and
returned to the City Clerk's office no later than Friday, July 17, 1998. If you have any
questions, please do not hesitate to call Eileen Gomez at (909) 384-5002.
Sincerely,
Rac el Clark
City Clerk
Enclosures
cc: H. Doug Chandler, Chief Examiner
Civil Service
P. 0 . B O X 1 3 1 8 S A N B E R N A R D I N 0 C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T . S A N 8 E R N A R 0 1 N O
C A L I F O R N I A 9 2 4 1 8 . 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 . 8 1 0 2 F A X - ( 9 0 9 ) 3 8 4 -S 1 5 8
T 0 0/T T Y - ( 9 0 9) 3 8 4-5 5 4 0
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Print your name, address, and ZIP Code in this box •
WFICE OF THE CITY CLERK
P.0. BOX 1318
SAN$ERN1SftNNO.CA 82402
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.0 ■Compete items t and/or 2 for additional services. 98-119'.- following services(for an
a ■Complete items 3,4a,and 4b. g
o ■Print your name and address on the reverse of this form so that we can return this extra fee):
card h you 1. ❑ Addressee's Address
■Attach this form to t4 front of the mailpiece,or on the beck if space does not �
o ■Wrrtte'tRetum Receipt Requested'on the mailpiece below the article number. 2.❑ Restricted Delivery CO) '-
■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee.
C delivered.
C 4a.AMcle Number
3.Article Addressed to:
Z 770 '733 917 E
CL
E DR JOSEPH MALANCE"UVIL PHD
4b.Service Type i
303 E VAN SUITE 260 ❑ Registered [3 Certified 0
SAN BERNARDINO CA 92408 [3 Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
7.Date of Delive WAY 1 9 IN o
5.Received By:(Print Name) 8.Addressee's Address(Only if requested
and fee is paid) C
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" P3 1, r t»94 Domestic Return Receipt
STICK POSTAGE STAMPS TO ARTICLE TO COYER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES law frestl.
a�
1. if you want this receipt postmarked,stict'the gummed stub to the right of the return address y
leaving the receipt attachbd and present the article at a post office service window or hod it to
your rural carrier(no extra charge).
Cl)
2.1 you do not want this receipt postmarked,stick the gummed stub to the right of the return
address of the article,date,detach and retain the receipt,and mad the article. L
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3. If you want a return receipt,write the certified mad number and your name and address one m
return receipt card,Form 3811,and attach it to the front of the article by means of the gummed 2
ends 8 space permits.Otterwae,affix to back of article.Endorse front of amide RETURN RECEIPT C
REQUESTED adjacent to the number. C
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4. If you went delivery restricted to the addressee,or to an authorized agent of the addressee, M
endorse RESTRICTED DELIVERY on the front of the article. E
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5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.K LL
return receipt is requested,check the applicable blocks in item 1 of Form 3811. a
6. Save this receipt and present it if you make inquiry. 102595-93-z-0478
- -•�`- -=yL� C I T Y O F
Zr
1 T,
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
May 26, 1998
Dr. Joseph Malancharuvil, Ph.D.
303 E. Vanderbilt, Suite 260
San Bernardino, CA 92408
Dear Dr. Malancharuvil:
At the Mayor and Common Council meeting of May 18, 1998, the City of San Bernardino
adopted Resolution 98-119 authorizing the execution of an agreement with Dr. Joseph
Malancharuvil to conduct psychological examinations for the Police Department.
Enclosed are one (1) original agreement and two (2) duplicate original agreements. Please
obtain signatures where indicated and return the original agreement and one (1) duplicate original
agreement to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA 92418 as soon as
possible. Please keep a fully executed duplicate original agreement for your files. Said
agreements have been executed by the Mayor, City Clerk and City Attorney.
Please be advised that said resolution will be rescinded if parties fail to execute said documents
within sixty (60) days of the passage of this resolution. The documents must be executed and
returned to the City Clerk's office no later than Friday, July 17, 1998. If you have any
questions, please do not hesitate to call Eileen Gomez at (909) 384-5002.
Sincerely,
Ra&el Clark
City Clerk
Enclosures
cc: H. Doug Chandler, Chief Examiner
Civil Service
P. O. B O X 1 3 1 8 S A N 8 E R N A R D I N O CA 0 2 4 0 2
3 0 0 N 0 R T H D S T R E E T S A N B E R N A R D I N 0 ,
C A L I F 0 R N I A 92 4 1 8 . 0 0 0 1 ( 0 0 O ) 3 8 4 . 5 0 0 2
( 0 0 0 ) 3 8 4 - 5 1 02 F A X - ( 0 0 0 ) 3 8 4 -S 1 S 8
T D D/T T Y - ( 9 0 9 ) 3 8 4 -5 5 4 0
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„ ��� C I T Y O F
an Bernardino
EJ) I'S
R A C H E L C L A R K
C I T Y C L E R K
June 16, 1998
Dr. Joseph Malancharuvil, Ph.D.
303 E. Vanderbilt, Suite 260
San Bernardino, CA 92408
Dear Dr. Malancharuvil:
At the Mayor and Common Council meeting of May 18, 1998, the City of San
Bernardino adopted Resolution No. 98-119 authorizing the execution of an agreement
with Dr. Joseph Malancharuvil to conduct psychological examinations for the Police
Department.
On May 26, 1998, one (1) original agreement and two (2) duplicate original agreements
were sent to your office for your signature. You were instructed to return the original
and one (1) duplicate original to the City Clerk's Office for filing with said resolution.
The documents have not yet been received by the City Clerk's Office, and the
resolution will be rescinded if agreements are not returned before the July 17' deadline.
Please advise this office of the status of these documents as soon as possible. If you
have any questions, please do not hesitate to call Eileen Gomez at 384-5002.
Sincerely,
'IAL
Rachel G. Clark
City Clerk
RGC:ecg
P. O. B O X 1 3 1 8 S A N B E R N A R D I N O , CA 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O
C A L I F O R N I A 92 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9) 3 8 4 - S 1 02 F A X - ( 9 0 9) 3 8 4 -S 1 5 8
T D D/T T Y - ( 9 0 9) 3 8 4-S S 4 0
-
���'� C I T Y O F
an bernardino
26 A l 1 :"16
R A C H E L C L A R K
C I T Y C L E R K
May 26, 1998
Dr. Joseph Malancharuvil, Ph.D.
303 E. Vanderbilt, Suite 260
San Bernardino, CA 92408
Dear Dr. Malancharuvil:
At the Mayor and Common Council meeting of May 18, 1998, the City of San Bernardino
adopted Resolution 98-119 authorizing the execution of an agreement with Dr. Joseph
Malancharuvil to conduct psychological examinations for the Police Department.
Enclosed are one (1) original agreement and two (2) duplicate original agreements. Please
obtain signatures where indicated and return the original agreement and one (1)duplicate original
agreement to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA 92418 as soon as
possible. Please keep a fully executed duplicate original agreement for your files. Said
agreements have been executed by the Mayor, City Clerk and City Attorney.
Please be advised that said resolution will be rescinded if parties fail to execute said documents
within sixty (60) days of the passage of this resolution. The documents must be executed and
returned to the City Clerk's office no later than Friday, July 17, 1998. If you have any
questions, please do not hesitate to call Eileen Gomez at (909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
Enclosures
cc: H. Doug Chandler, Chief Examiner
Civil Service
P. O. B O X 1 3 1 8 S A N B E R N A R D I N O C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 -5 1 5 8
T D D /T T Y - ( 9 0 9 ) 3 8 4 -5 5 4 0