HomeMy WebLinkAbout1992-199
1
2
3
4
5
6
7
8
9
10
il
RESOLUTION NO. 92-199
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF 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 an 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
12 set forth at length. This agreement is effective April 1,
13 1992 and terminates on March 31, 1993.
14 SECTION 2. This agreement shall not take affect until
15 fully signed and executed by all parties. The city shall not
16 be obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be
18 implied or authorized.
19 SECTION 3. The authorization to execute the above
20 referenced agreement is rescinded if the parties to the
21 agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
23 I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the City of San
25 Bernardino at a regular meeting thereof, held on the 15th
26 day of June , 1992, by the following vote, to wit:
27 II
II
28
1
RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE BLUM TO
2 CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
3
12
13
14
/~
'.,j 'I 1 'I
~i ~"~~~i .
~/
1\"--'
C\.--1-"Y,,--<:."'-L.-_'
IJ
The foregoing resolution is hereby approved this
15 18th day of June , 1992.
16
17
18
19
20
" ."
7 I
/ L .'
W~R.iHO,{COJfib' Mayor
City of S~n Bernardino
21 Approved as to
form and legal content:
22
23 JAMES F. PENMAN
City Attorney
24
25
26 By: na~
27 jjU
28
J r?r)
_ !,;:..--"""r'1....V}I\.:l"_
2
City of S'Bdno Res 92-199 adopted 6/15/92
1 EXHIBIT A
2 AGREEMENT
3 THIS AGREEMENT is made and entered into at San Bernardino
4
5
california, this dyi;h day of 11UYIX.. , 1992, by and
(7
between the CITY OF SAN BERNARDINO, a municipal corporation
6 hereinafter called "CITY", and Dr. Lawrence Blum, Ph.D., Inc.,
7 Clinical Psychologist, hereinafter referred to as "BLUM".
8 The parties agree as follows:
9
10
il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 II
II
28
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
I, 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 is for a period of one
year. This agreement shall commence on April I, 1992,
and terminate on March 31, 1993.
1
2
3
4
5
6
7
8
9
10
i1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
II
26
II
27
II
28
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 pre-employment psychological examination and
report performed by BLUM at the request of CITY.
(2) CITY agrees to pay BLUM the regular sum of
$400.00 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 agrees to pay BLUM the sum of $100.00
per hour for preparation and court testimony performed by
BLUM at the request of CITY upon reasonable notice.
(4) CITY agrees to pay BLUM the sum of $100.00
for appointments cancelled without the customary 24 hour
notice.
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
6. Assiqnment
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
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.
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
1
2
3
4
5
6
7
8
9
10
il
12
13
14
15
16
17
18
19
20
21
22
23
24
25 II
26 II
27 II
28
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
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.
11. Termination of Aqreement
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.
12. Notices
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 "0" Street
San Bernardino, CA 92418
Dr. Lawrence Blum
Ph.D., Inc.
540 N. Golden Circle Dr.. ffl/5
Santa Ana, CA 92705
13. Entire Aqreement
This contract constitutes the entire agreement
between CITY and BLUM and may be modified only by further
written agreement between the parties.
4
1
2
3
4
AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL
EXAMINATIONS FOR THE POLICE DEPARTMENT.
IN WITNESS WHEREOF, this agreement has been executed
by the parties effective as of the date and year above
5 written.
6
CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
/-
f __.1,/' "
,..-...-.--, / .-.-J ._/ /..' // /
BY:~~:~;{~.<~1~~~- Ma~
JUI~ 29 V;S2
BY:
DR. LAWRENCE BLUM, Ph.D.
~~€!~.
. c City of S Bdno Res 92-199 adopted 6/15/92
EXHIBIT 1
A. Methods of Assessment in Examinations:
Three main methods will be used in examinations. They are as
follows:
1. 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 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.
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 examination:
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.
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 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.
D. Information gathered 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.
E. 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.
2