HomeMy WebLinkAbout2000-069
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2000-69
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH DR.
LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
4 POLICE DEPARTMENT,
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City a Second Amendment to Agreement with Dr. Lawrence Blum
for the purpose of conducting psychological examinations for
the Police Department, copy of which is attached hereto,
marked Exhibit "A", and incorporated herein by reference as
fully as though set forth at length, This amendment is
effective July 1, 2000 and terminates on June 30, 2001,
SECTION 2, This agreement shall not take effect until
fully signed and executed by all parties, The City shall not
be obligated hereunder unless and until the agreement is
executed and no oral agreement relating thereto shall be
implied or authorized,
SECTION 3. The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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2000-69
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH DR,
2 LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
POLICE DEPARTMENT.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
3rd
, 2000, by the following vote, to wit:
AYES NAYS
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ABSENT ABSTAIN
JdcmLb~~~~
is hereby approv"d thiS5~y Of
/
at {L>~
udith Valles, Mayor
ity of San Bernardino
content:
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2000-69
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EXHIBIT A
THIS AGREEMENT is made and en~~~ed into at ,P4n Bernardino
California, this 3rd
day of April
2000, by and between
the CITY OF SAN BERNARDINO, a municipal corporation
hereinafter called "CITY", and Dr, Lawrence Blum, Ph,D"
Inc., Clinical Psychologist, hereinafter referred to as
"BLUM".
The parties agree as follows:
1.
Scope of work:
A, At the discretion of the Chief of police and
the Chief Examiner, BLUM hereby agrees to perform
the following services:
1, Perform
examinations and
CITY.
pre-employment
submit reports as
psychological
requested by
2, Perform fitness for duty examinations and
submit reports as requested by CITY.
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CITY,
Provide court testimony as requested by
B, These services shall be provided pursuant to
the "Methods of Assessment in Examinations" and
"Response and Report to the Chief Examiner"
provisions in Exhibit 1 and Exhibit 2, attached and
incorporated herein by reference as though fully
set forth,
C, Each written report by BLUM shall be
accompanied by an "Authorization for the Release of
Medical Information by a Provider of Health Care"
in a form consistent with the provisions of
California Civil Code Section 56.11,
D. BLUM shall be available for consultation with
respect to any of his examinations and reports and
shall submit supplemental reports as requested by
CITY.
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2000-69
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Term
2 The term of this agreement shall commence on
July 1, 2000, and terminate on June 30, 2001,
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3, Option to Extend
Upon expiration of the term hereof, City shall have the
option to extend this agreement for a one year period
upon the same terms and conditions.
4,
provision for Payment
A. Rate of Compensation
(1) CITY agrees to pay BLUM the sum of
$200,00 for each safety officer pre-employment
psychological examination and $150.00 for each
Police Dispatcher pre-employment psychological
examination and report performed by BLUM at the
request of CITY.
(2) CITY agrees to pay BLUM the regular sum
of $350,00 for each fitness for duty examination
and report performed by BLUM at the request of
CITY, plus $100,00 per hour for any additional work
with prior approval by the Chief Examiner,
(3 )
per hour
performed
reasonable
CITY agrees to pay BLUM the sum of $80.00
for preparation and court testimony
by BLUM at the request of CITY upon
notice,
(4) CITY agrees to
$100.00 for appointments
customary 24 hour notice,
pay BLUM the sum of
cancelled without the
B, Manner of Compensation
(1) BLUM shall maintain and file with the
Chief Examiner a monthly record of services
performed.
(2) The Chief Examiner shall submit a claim
or request for payment based on such record to the
Finance Department in such manner that BLUM shall
be paid monthly.
(3) BLUM shall assume and pay all out-of-
pocket expenses and costs of performing services
under this agreement except as otherwise
specifically provided herein, and CITY shall not be
liable for any such costs and expenses.
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2000-69
5. Amendments
This agreement may be amended or modified only by
written agreement executed by both parties.
6. Assignment
BLUM'S rights under this agreement shall not be assigned
by BLUM to any other person, firm or corporation without
the prior written consent of the CITY,
7, Relationship of Parties
BLUM is acting as an independent contractor, and not as
an employee of the CITY. In their performance of
personal services pursuant to the provisions of this
agreement, BLUM shall not be supervised, directed, or
under the control or authority of any City Officer or
employee, except and to the extent as may be expressly
or implicitly required by the terms and provisions of
this agreement. Any direction or control so required
under this agreement shall be limited to broad
objectives or goals of the project or program to be
accomplished and not to the details and procedures to
accomplish such objectives or goals, BLUM shall not be
obligated to conform to the supervision or direction of
City officers or employees which are not authorized
herein. Changes or modifications of said objectives and
goals may be made by written recommendations of either
party subject to the concurrence of the other party in
writing.
8, INDEMNIFICATION, DEFENSE, HOLD HARMLESS
BLUM hereby agrees to defend, indemnify and hold
harmless CITY, its officers and employees from and
against any and all liability, damages, costs, losses.
claims and expenses, however caused, arising from BLUM'S
negligence or willful misconduct in the performance of
this agreement and also including any claims that may
arise against CITY by reason of BLUM'S legal
relationship with CITY being categorized as other than
that of an independent contractor. Any concurrent
negligence or willful misconduct of CITY, its officers
and employees shall in no way diminish BLUM'S
obligations hereunder,
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2000-69
9,
Insurance
BLUM shall provide to CITY evidence of insurance
covering BLUM and CITY as an additional insured as to
any potential liability to BLUM 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 require the
City to be notified of any change or termination ten
(10) days in advance, and shall consist of the
following:
A. Workers' Compensation
BLUM 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
professional services provided by BLUM, including
coverage for professional errors and omissions, in
a combined single limit of not less than
$1,000,000.00 per person,
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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. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this
agreement on behalf of the City shall be considered as
"attorney's fees" for the purposes of this paragraph,
11, Termination of Agreement
Either party may terminate this agreement without cause
23 and for any reason by giving thirty (30) days advance
written notice of termination to the other party,
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2000-69
1 12, Notices
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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:
Chief Examiner
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
7 13. Entire Aqreement
Dr, Lawrence Blum
Ph. D ., Inc,
5182 Kate11a Avenue, #205
Los A1amitos, CA 90720
8 This agreement constitutes the entire agreement between
CITY and BLUM and may be modified only by further
9 written agreement between the parties.
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2000-69
1 SECOND AMENDMENT TO AGREEMENT WITH DR. LAWRENCE BLUM TO
CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT,
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3 IN WITNESS WHEREOF, this agreement has been executed
4 by the parties effective as of the date and year above
5 written,
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ATTEST:
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Approve as to form
17 and Legal Content:
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JAMES F, PENMAN,
20 City Atto ney
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22 BY:
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CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
BY:
h Valles, Mayor
LAWRENCE BLUM, Ph.D,
hz~,~.
BY:
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2000-69
EXHIBIT 1
Police Officers
Methods of Assessment in Examinations:
Two main methods will be used in examinations, They are
as follows:
Use of structured clinical interviews performed with
each candidate in either pre-employment or fitness for
duty examinations, Included in the interview will be
both psychodiagnostic information used in assessment of
emotional, mental and behavioral stability; simulated
case situations used in assessing response tendencies in
specified areas of police work. Of importance here is
assessment of availability of internal resources the
officer has which will likely be used in order
maintenance, crime suppression, or investigative areas
of police work; aspects of the candidate's past life
experiences which will be influential in hislher dealing
with subjects, suspects, and other police personnel,
especially command; strengths and weaknesses in the
candidate's personality, experience, and ability, and
the candidate's ability to acknowledge areas needing
improvement; and finally ability to communicate
assertively under differing conditions,
Use of Psychological Test Instruments in Examinations.
Two personality profile tests will be administered to
each candidate, They are the Minnesota Multiphasic
Personality Inventory (MMPI) and the California
Psychological Inventory (CPI).
Report to the Chief Examiner:
Pre-employment examinations:
Within two (2) weeks following completion of
examinations a written report will be made to the Chief
Examiner which will document work relevant information,
including justification for recommendations. Two
response categories will be provided: Pass or Fail.
Dr. Blum shall directly contact only the Lieutenant in
charge of training of the San Bernardino Police
Department, and shall communicate only as to his need
for data specific to the criteria used in A.1 above.
Report to the Chief of Police:
Fitness for Duty Examinations:
These examinations shall include structured clinical
interviews, MMPI Examinations, and a review of
Departmental records, Within two (2) weeks following
completion of examinations a written report will be made
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2000-69
to the Chief of Police or Assistant Chief of Police
which will document work relevant information, and set
forth a recommendation as to the potential for future
rehabilitation of the employee, Where the doctor
determines that the employee is in a crisis situation,
as determined by the doctor, an oral recommendation
shall be made to the Chief of Police on shorter notice
to be followed immediately by a written confirmation.
Information obtained hereunder shall be released only as
provided in California Civil Code Section 56.10, All
ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this
agreement, Dr. Blum shall transfer such files to such
persons as the Chief Examiner shall advise him of in
writing. Dr. Blum shall be entitled to recover his
costs of such transfer,
In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
resulting in any way from recommendations arising from
contracted evaluations, An additional fee will be
charged for each hour or preparation and testimony
required,
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2000-69
EXHIBIT 2
Police Dispatchers
Methods of Assessment in Examinations:
Two main methods of assessment will be used in
examinations. They are as follows:
1. Use of structured clinical interviews performed
with each candidate in pre-emplo~nent examination.
Included in the interview will be information used in
assessment of emotional, mental and behavioral
stability; and response tendencies in specific areas of
interpersonal skills; cooperati ve- -i. e. , team play,
self-initiative, decision making, ability and commitment
to follow through on tasks, stability in the manner in
which they respond to problems, effective ability to
express themselves, and willingness and ability to
conform their behavior and attitudes to the requirements
of the work setting,
2. Use of Psychological Test Instruments in
Examinations. Two personality profile tests will be
administered to each candidate. They are the Minnesota
Multiphasic Personality Inventory (MMPI) and the
California Psychological Inventory (CPI) ,
Report to the Chief Examiner:
Pre-Employment Examinations:
Within two (2) weeks following completion of
examinations a written report will be made to the Chief
Examiner which will document work relevant information,
including justification for recommendations. Two
response categories will be provided: Pass of Fail.
Dr, Blum shall not directly contact the San Bernardino
Police Department regarding the examination of any
person for employment with that department,
Report to the Chief of Police:
Fitness-for-duty examinations:
These examinations shall include structured clinical
interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
completion of examinations a written report will be made
to the Chief of Police or Assistant Chief of Police
which will document work relevant information, and set
forth a recommendation as to the potential for future
rehabilitation of the employee. Where the doctor
determines that the employee is in a crisis situation,
as determined by the doctor, an oral recommendation
shall be made to the Chief of Police on shorter notice
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2000-69
to be followed immediately by a written confirmation,
Information obtained hereunder shall be released only as
provided in California civil Code Section 56.10, All
ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this agreement
and any extensions thereof, Upon termination of this
agreement, Dr. Blum shall transfer such files to such
persons as the Chief Examiner shall advise him of in
writing, Dr, Blum shall be entitled to recover his
costs of such transfer.
In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
resulting in any way from recommendations arising from
contracted evaluations. An additional fee will be
charged for each hour of preparation and testimony
required,
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