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HomeMy WebLinkAbout1996-114 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 96-114 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 the agreement with Dr. Lawrence Blum for the purpose of conducting psychological examinations or 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. SECTION 2. This amendment shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the amendment to the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above referenced amendment to the agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th May , 1996, by the following vote, to wit: day of / / / / / / / / RES 96-114 1 RESOLUTION TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR 2 THE POLICE DEPARTMENT. 3 AYES NAYS X X X X X X X ABSENT ABSTAIN Vttl}(iftj}Jhtkl/}~, f7.1/J!t<<t- CITY CLERK ~ 15 16 17 18 19 20 21 22 23 :J8/lJ!;e foregoing resolution is hereby approved this day of May , 1996. Approved as to form and legal content: JAMES F. PENMAN 24 City Attorney 25 26 27 28 --rem Ilitt~ / Tom Minor, Mayor City of San Bernardino ~ 2 - RES 96-114 . 96-114 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 EXHIBIT A SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO THE AGREEMENT is made and entered into at San Bernardino California, this f/L day of ~ 1996, 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. BLUM hereby agrees to perform the following services: 1. Perform examinations and CITY. pre-employment psychological submi t reports as 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. 2. Term The term of this agreement shall commence on April 1, 1996, and terminate on March 31, 1997. / / / / RES 96-114 1 3. option to Extend 2 Upon expiration of the term hereof, city shall have the option to extend this agreement for a one year period 3 upon the same terms and conditions. 4 5 4. provision for pavment A. Rate of Compensation 6 (1) CITY agrees to pay BLUM the sum of $200.00 for each safety officer pre-employment psychological 7 examination and $150.00 for each Police Dispatcher pre- employment psychological examination and report performed 8 by BLUM at the request of CITY. 9 (2) CITY agrees to pay BLUM the regular sum of $400.00 for each fitness for duty examination and report 10 performed by BLUM at the request of CITY, plus $100.00 per hour for any additional work with prior approval by il the Chief Examiner. 12 (3) CITY agrees to pay BLUM the sum of $100.00 per hour for preparation and court testimony performed by 13 BLUM at the request of CITY upon reasonable notice. 14 (4) CITY agrees to pay BLUM the sum of $100.00 for appointments cancelled without the customary 24 hour 15 notice. 16 17 18 19 20 21 22 23 24 25 26 27 IIIII 28 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. 5. Amendments This agreement may be amended or modified only by written agreement executed by both parties. 2 RES 96-114 1 2 3 Assiqnment 6. 4 7. 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. Relationship of Parties 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 negl igence or willful misconduct of CITY, its officers and employees shall in no way diminish BLUM'S obligations hereunder. 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 consist of the following: / / / / / / / / 3 RES 96-114 1 2 3 4 5 6 7 8 9 10 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. Attornevs' Fees In the event an action is filed by either party to 11 enforce rights under this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees 12 in addition to any other relief granted by the court. 13 11. Termination of Aqreement 14 Either party may terminate this agreement without cause and for any reason by giving thirty (30) days 15 advance written notice of termination to the other party. 16 12. Notices 17 Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in 18 the United states mail, postage prepaid, and addressed as follows: 19 20 21 Chief Examiner city of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dr. Lawrence Blum Ph.D., Inc. 540 N. Golden Circle Dr.#115 Santa Ana, CA 92705 22 13. Entire Aqreement 23 24 This contract constitutes the entire agreement between CITY and BLUM and may be modified only by further written agreement between the parties. 25 IIII 26 IIII 27 IIII 28 4 RES 96-11& 1 AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. 2 3 IN WITNESS WHEREOF, this agreement has been executed 4 by the parties effective as of the date and year above 5 written. 6 CITY OF SAN BERNARDINO, a Municipal Corporation of 7 the State of California A'l'TEST: 8 9 10 il 12 13 14 15 16 G'~L ~'-Ie..- '-- City Clerk BY:iC~ ;!kL<-M / Tom Minor, Mayor DR. LAWRENCE BLUM, Ph.D. BY,~~ Dr. Lawrence Bum, Ph.D. Approve as to form 17 and Legal Content: 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney ;yJ~'~ 7fc~> I I I I I I I I I I I I I I I I 5 RES <1/;_11/. 1 2 3 EXHIBIT 1 Police Officers A. Methods of Assessment in Examinations: Two main methods will be used in examinations. They are 4 as follows: 5 1. 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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). B. 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.l above. C. 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 RES 96-114 1 2 3 4 5 D. 6 7 8 9 E. 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. RES 96-114 1 2 3 EXHIBIT 2 Police Dispatchers A. Methods of Assessment in Examinations: Two main methods of assessment will be used in 4 examinations. They are as follows: 5 6 7 8 9 10 il 12 13 14 B. 15 16 17 18 19 20 c. 21 22 23 24 25 26 27 28 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. 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 to be followed immediately by a written confirmation. RES 96-114 1 D. 2 3 4 5 6 E. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 wri ting. 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.