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RESOLUTION NO.
1999-159
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH DR.
3 LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
POLICE DEPARTMENT.
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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 a First Amendment to Agreement with Dr. Lawrence Blum
9 for the purpose of conducting psychological examinations for
10 the Police Department, copy of which is attached hereto,
11 marked Exhibit nAn, and incorporated herein by reference as
12 fully as though set forth at length.
13 SECTION 2. This Amendment to Agreement shall not take
14 effect until fully signed and executed by all parties. The
15 City shall not be obligated hereunder unless and until the
16 agreement is fully executed and no oral agreement relating
17 thereto shall be implied or authorized.
18 SECTION 3. The authorization to execute the above
19 referenced.Amendment to Agreement is rescinded if the parties
20 to the Amendment to Agreement fail to execute it within sixty
21 (60) days of the 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
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24 Bernardino at a r"ffi']"T meeting thereof, held on the 6th
25 day of July ,1999, by the following vote, to wit:
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1999-159
1 RESOLUTION TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH DR.
LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
2 POLICE DEPARTMENT.
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COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
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ESTRADA
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LIEN
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MCGINNIS
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SCHNETZ
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DEVLIN X
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ANDERSON
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MILLER
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13 TY CLERK
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c>LThe foregoing resolution is hereby approved this
'If^ day of July , 1999.
C{ {LL--..
Judith Valles, Mayor
City of San Bernardino
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22 Approved as to
form and legal content:
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JAMES F. PENMAN
25 City Attorney
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1999-159
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EXHIBIT A
AGREEMENT
THIS AGREEMENT is made and entered into at San Bernardino
California, this 6th
day of Ju1v
1999, 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
I1BLUMIl.
The parties agree as follows:
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.
3.
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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1999-159
2.
Term
The term
retroactively on
30,2000.
of this
April 1,
agreement shall commence
1999, and terminate on June
3.
Option to Extend
Upon expiration of the term hereof,
the option to extend this agreement
year period upon the same terms and
City shall have
for a one
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) CITY
$80.00 per hour for
performed by BLUM
reasonable notice.
agrees to pay BLUM the sum of
preparation and court testimony
at the request of CITY upon
$100.00
customary
(4) CITY agrees
for appointments
24 hour notice.
the sum
without
of
the
to pay BLUM
cancelled
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
or request for payment based on such
Finance Department in such manner that
paid monthly.
submi t a claim
record to the
BLUM shall be
(3) BLUM shall
pocket expenses and costs
this agreement except
provided herein, and CITY
such costs and expenses.
assume and pay all out-of-
of performing services under
as otherwise specifically
shall not be liable for any
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1999-159
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Amendments
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2 This agreement may be amended or modified
only by written agreement executed by both parties.
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6. Assignment
BLUM'S rights
assigned by BLUM
corporation without
CITY.
under this agreement shall not be
to any other person, firm or
the prior wri t ten consent of the
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
obj ecti ves or goals of the proj ect 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
ei ther party subj ect 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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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
addi tional 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.
10. Attorneys' 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. 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 and for any reason by giving thirty (30) days
advance written notice of termination to the other
party.
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1-999-159
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:
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Chief Examiner
5 City of San Bernardino
300 North "D" Street
6 San Bernardino, CA 92418
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Dr. Lawrence Blum
Ph.D., Inc.
5182 Katella Ave. ,Suite
Los Alamitos, CA 90720
205
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1999-159
1 RESOLUTION TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH DR.
LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
2 POLICE DEPARTMENT
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13. Entire Agreement
This agreement constitutes
between CITY and BLUM and may
further written agreement between
the entire agreement
be modified only by
the parties.
IN WITNESS WHEREOF, this agreement has been executed
by the parties effective as of the date and year above
written.
CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
Mayor
Ph.D.
BY:
Dr: Lawrence
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,1999-159
EXHIBIT I
Police Officers
Methods of Assessment in Examinations:
Two main methods will be used in examinations.
are as follows:
They
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 I s past life
experiences which will be influential in his/her
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.I 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. wi thin two (2) weeks following
completion of examinations a written report will be
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'1999-159
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 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
invol ving 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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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-employment 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; cooperative--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. wi thin 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
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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 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
invol ving 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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