HomeMy WebLinkAbout1991-369
RESOLUTION NO.
91-369
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM TO
CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPART-
MENT.
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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
6 is hereby authorized and directed to execute on behalf of
7 said city an agreement with Dr. Lawrence Blum for the pur-
8 pose of conducting psychological examinations for the
9 Police Department, copy of which is attached hereto,
10 marked Exhibit "A", and incorporated herein by reference
11 as fully as though set forth at length. This agreement is
12 effective March 20, 1991 and terminates on March 31, 1992.
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SECTION 2.
This agreement shall not take effect
14 until fully signed and executed by all parties. The City
15 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.
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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19 referenced agreement is rescinded if the parties to the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
21 the passage of this resolution.
22 I HEREBY CERTIFY that the foregoing resolution was
23 duly adopted by the Mayor and Common Council of the City
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of San Bernardino at a reQu1ar
thereof, held on the
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19th
day of
Auqust
, 1991, by the following vote,
26 to wit:
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RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE BLUM
TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DE-
PARTMENT.
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20th
day of . All<;Jllst-
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COUNCIL MEMBERS:
ESTRADA
REILLY
HERNANDEZ
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MAUDSLEY
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MINOR
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POPE-LUDLAM
MILLER
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, 1991, by the following vote
AYES
NAYS
ABSTAIN
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a~ 'l~
city Clerk
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The foregoing resolution is hereby approved this
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day of
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21 Approved as to
form and legal content:
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JAMES F. PENMAN
City Attorney
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, 1991.
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Res. 91-369
AGREEMENT
This agreement, made and entered into at San Bernardino,
California, this 3nl day of September , 1991, by and
between the City of San Bernardino, a municipal corporation
(hereinafter referred to as "CITY"), and Dr. Lawrence Blum,
Ph.D., Inc., Clinical Psychologist (hereinafter referred to as
"BLUM") .
CITY and BLUM agree as follows:
1. Scope of work:
A. BLUM hereby agrees to perform the following
services:
1. Perform pre-employment psychological exam-
inations and submit reports as requested by CITY.
2. Perform fitness for duty examinations and
submit reports as requested by CITY.
3. Provide court testimony as requested by CITY.
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.,
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 Informa- i
tion 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 March 20, 1991,
and terminate on March 31, 1992.
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.
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4. provision for Payment.
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A. Rate of Compensation
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(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.
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(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.
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(4) CITY agrees to pay BLUM the sum of $100.00
for appointments cancelled without the customary 24 hour
notice.
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B. Manner of Compensation
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(1) BLUM shall maintain and file with the Chief
Examiner a monthly record of services performed.
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(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 month-
ly.
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(3) BLUM shall assume and pay all out-of-pocket
expenses and costs of performing services under this
agreement except as otherwise specifically provided here-
in, and CITY shall not be liable for any such costs and
expenses.
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5. Amendments.
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This agreement may be amended or modified only by
written agreement executed by both parties.
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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.
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7. Relationshio of Parties.
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BLUM is acting as
not as an employee of the
personal services pursuant
reement, BLUM shall not be
an independent contractor, and
CITY. In the performance of
to the provisions of this ag-
supervised, directed, or under
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the control or authority of any City Officer or employee,
except and to the extent as may be expressly or implic-
itly required by the terms and provisions of this agree-
ment. 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
supervison or direction of City officers or employees
which are not authorized herein. Changes or modifica-
tions of said objectives and goals may be made by written
recommendations of either party subject to the concur-
rence of the other party in writing.
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8. INDEMNIFICATION. DEFENSE. HOLD HARMLESS.
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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 in-
dependent contractor. Any concurrent negligence or will-
ful misconduct of CITY, its officers and employees shall
in no way diminish BLUM'S obligations hereunder.
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9. Insurance.
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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:
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A. Workers' Compensation.
BLUM shall provide proof of workers' compensa-
tion insurance coverage for all of its employees
pursuant to this agreement. Evidence of such insur-
ance shall be furnished to City's Risk Management
Division prior to commencement of this agreement.
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B. Professional Liability Insurance.
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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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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 reasonble 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 ad-
vance 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:
BLUM
Dr. Lawrence Blum
Ph.D. , Inc.
&181 E. 1\1~ SL...L.L.t
S aRta 1\.Ra, Cllr. ~."9..276"5 li
,Si./o ,.J (JoLOI.f",J C,~ew DR- If
13. Entire Aqreement. S.j.Jr71 {JtJA ell 93.705
This contract constitutes the entire agreement
between CITY and BLUM and may be modified only by further
written agreement between the parties.
CITY
Chief Examiner
city of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
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HDC/hjc
March 20, 1991
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AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL
EXAMINATIONS FOR THE POLICE DEPARTMENT.
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2 IN WITNESS WHEREOF,this agreement has been executed by
3 the parties effective as of the date and year above written.
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Q cU:.~e ~"~Ylv..L
clty Clerk' (/
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of califo~a
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BY:~/;;~ ~~~/ ;:
.R. olcOmb, M or
SEP 3 199\ .
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ATTEST:
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DR. LAWRENCE BLUM, Ph.D.
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~!f!l~
Dr. Lawrence Blum, Ph.D.
By:
12 Approve as to form
and Legal Content:
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JAMES F. PENMAN,
14 City Attorney
15 By: 'n.v-",,1 " ~~~
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HDCjhjc
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STAR-DRBLUM1
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Res. 91-369
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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 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 will document
work relevant information, and set forth a recommendation
as to the potential for future rehabilitation of the
JFW\bg\BLUM2.EXl
April 24, 1990
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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 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.
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.
JFW\bg\BLUM2.EXl
April 24, 1990
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