HomeMy WebLinkAbout16-Human Resources
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Linn Livingston
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO TO
AUTHORIZE THE EXECUTION OF
AGREEMENTS WITH DR. LAWRENCE
BLUM, PH.D. AND DR. SUSAN SAXE-
CLIFFORD, PH.D. AND PURCHASE
ORDERS FOR THE PROVISION OF
PRE-EMPLOYMENT PHYSICALS AND
FITNESS FOR DUTY
PSYCHOLOGICAL TESTING FOR
POLICE AND FIRE SAFETY
PERSONNEL.
Dept:
Human Resources
Date:
June 10, 2008
M/CC Meeting Date: June 16, 2008
Synopsis of Previous Council Action:
On July 5,1999, Mayor and Common Council approved Resolution No. 1999-154
authorizing the agreement between City and Blum.
On April 5, 2000, Mayor and Common Council approved Resolution No. 2000-69
authorizing the agreement between City and Blum.
Recommended Motion:
Adopt Resolution.
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
$25.000 ($12,500 each vendor)
Source: (Acct. No.) 678-452-5505
(Acct. Description) Professional/Contractual Svcs
Finance:
Council Notes:
Agenda Item No.. fletitJtf'I1Ili'",f ~
;1)0 1ft,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution
of agreements with Dr. Lawrence Blum, Ph.D. and Dr. Susan Saxe-Clifford, Ph.D. and Purchase Orders
for the provision of pre-employment physicals and fitness for duty psychological testing for Police and
Fire Safety Personnel.
Backeround:
Pre-employment physical evaluations are necessary during the pre-stages of the hiring process to
determine a candidate's suitability for employment in the area of citizen's safety. Fitness for duty
evaluations provide the employer with a tool to address safety concerns and work place issues to ensure
a healthy and safe working environment. These evaluations are conducted on an as needed basis by the
Human Resources Department.
Dr. Blum provides pre-employment and fitness for duty evaluations as part of the police examination
process and crisis intervention. Dr. Blum is used as a sole source provider because he is recognized as
an expert regarding police safety personnel psychological evaluations. Dr. Blum provides
psychological examinations within 24 hours or less; and medical results are reported the next working
day. He also provides immediate crisis intervention. Dr. Blum has provided these services to the City's
Police Department for a number of years and has built a trustworthy relationship with our police safety
employees.
Dr. Saxe-Clifford currently provides pre-employment and fitness for duty evaluation for the City's Fire
personnel as part of the fire examination process and is recognized as an industry expert in the areas of
"fire and police" personnel psychological evaluations. Dr. Saxe-Clifford also provides 24 hour or less
medical results, immediate crisis intervention and next day working reports. Dr. Saxe-Clifford can also
be used as a back-up psychologist in the area of police evaluation and interventions. It is necessary to
have an alternative psychologist available to conduct these special evaluations to prevent a delay in the
hiring process and crisis prevention if necessary. Dr. Saxe-Clifford has been providing pre-employment
physicals for the Fire Department since 2005, when City Fire began doing pre-employment
psychological physicals. Dr. Saxe-Clifford was utilized because of her expertise and availability. She
has built a solid trustworthy relationship with the department.
Financial Impact:
The financial impact for the 2008-2009 fiscal year should not exceed $25,000 between both providers
due to the number of pre-employment and fitness for duty evaluations conducted annually.
The Human Resources Department is requesting purchase orders in the amount of $12,500 for Dr.
Blum and Dr. Saxe-Clifford FY 2008-2009 with two (2) one (I) year extensions at the City's option.
Recommendation:
Adopt Resolution.
HRI Agenda Items:SR.BLUM.AND.SAXE-CLlFFORD.2008
Resolution No
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF AGREEMENTS WIT
DR. LAWRENCE BLUM, PH.D. AND DR. SUSAN SAXE-CLIFFORD, PH.D. AN
PURCHASE ORDERS FOR THE PROVISION OF PRE-EMPLOYMENT PHYSICAL
AND FITNESS FOR DUTY PSYCHOLOGICAL TESTING FOR POLICE AND FI
SAFETY PERSONNEL.
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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 City Manager of the City of San Bernardino is hereby authorized and
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directed to execute on behalf of said City Agreements with Dr. Lawrence Blum, Ph.D. and Dr.
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Susan Saxe-Clifford, Ph.D. to provide pre-employment physicals and fitness for duty
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psychological testing for San Bernardino Police and Fire Safety Personnel, copies of which are
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attached hereto as Exhibit "A" and Exhibit "B" respectively.
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SECTION 2: The Purchasing Manager is hereby authorized to issue Purchase Orders t
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Dr. Lawrence Blum, Ph.D. and Dr. Susan Saxe-Clifford, Ph.D. for a total amount not to excee
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$12,500 for each doctor for fiscal year 2008-2009 with two (2) one (1) year extensions at th
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City's option.
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SECTION 2: The authorization to execute the above mentioned agreements are
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rescinded if the parties to the agreement fail to sign it within sixty (60) days of the passage of
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this resolution.
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;Do . ((0
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF AGREEMENTS WIT
DR. LAWRENCE BLUM, PH.D. AND DR. SUSAN SAXE-CLIFFORD, PH.D. AN
PURCHASE ORDERS FOR THE PROVISION OF PRE-EMPLOYMENT PHYSICAL
AND FITNESS FOR DUTY PSYCHOLOGICAL TESTING FOR POLICE AND FI
SAFETY PERSONNEL.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 the Common Council of the City of San Bernardino at a
meeting thereof,
7 held on
day of
, 2008, by the following vote, to wit:
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9 COUNCILMEMBERS:
10 ESTRADA
BAXTER
AYES
NA YES
ABSTAIN ABSENT
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BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
day of
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,2008.
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Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form:
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S F. PENMAN
Attorney
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HR/ Agenda ltems:Reso.BLUM.AND.SAXE-CLIFFORD.2008
PROFESSIONAL SERVICES AGREEMENT
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This Professional Services Agreement is entered into this 1st day of July 2008, by and
between Dr. Lawrence Blum, Ph.D., Inc., Clinical Psychologist ("BLUM") and the City of San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to acquire pre-employment physical and fitness for duty
psychological testing for the San Bernardino Police Safety Officers;
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of BLUM
to provide those products and services as follows:
At the discretion of the Human Resources Director or designee, BLUM hereby
agrees to perform the following services:
1) Perform pre-employment psychological examinations 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.
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.
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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Exhibit "A"
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COMPENSATION AND EXPENSES.
A. For the services delineated above, the CITY, upon presentation of an invoice,
shall pay BLUM the amount of monthly invoices for services rendered during the previous
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month. Invoices shall include task description, the number of hours spent on each task, and
applicable hourly rate.
B. Rate of Compensation
1) CITY agrees to pay BLUM the sum of$300.00 for each safety officer pre-
employment psychological examination at the request of CITY.
2) CITY agrees to pay BLUM the regular sum of$I,250.00 for each fitness
for duty examination and report performed by BLUM at the request of
CITY.
3) CITY agrees to pay BLUM the sum of $80.00 per hour for preparation and
court testimony performed by BLUM at the request of CITY upon reasonable
notice.
C.
4) CITY agrees to pay BLUM the sum of $100.00 for appointments
cancelled without the customary 24 hour notice.
Manner of Compensation
1) BLUM shall maintain and file with the Human Resources Director a
record of services performed.
2) The Human Resources Director or designee 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
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3. TERM.
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provided herein, and CITY shall not be liable for any such costs and
expenses.
No other expenditures made by BLUM shall be reimbursed by CITY.
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The term of this Agreement shall be for a period of one (1) year with two (2) one (I)
year extensions at the City's option.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
INDEMNITY.
BLUM agrees to and shall indemnify and hold the CITY, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
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liabilities of any kind and nature arising from bodily injury, including death, or property
damage, based or asserted upon any actual or alleged act or omission of BLUM, its employees,
agents, or subcontractors, relating to or in any way connected with the accomplishment of the
work or performance of services under this Agreement, unless the bodily injury or property
damage was actually caused by the sole negligence of the CITY, its elected officials,
employees, agents or representatives. As part of the foregoing indemnity, BLUM agrees to
protect and defend at its own expense, including attorneys' fees, the CITY, its elected officials,
employees, agents or representatives from any and all legal actions based upon such actual or
alleged acts or omissions. BLUM hereby waives any and all rights to any types of express or
implied indenmity against the CITY, its elected officials, employees, agents or representatives,
with respect to third party claims against the BLUM relating to or in any way connected with
the accomplishment of the work or performance of services under this Agreement.
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1 5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement,
BLUM shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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Workers' Compensation coverage in accordance with the laws of the State ofCalifomia. BLUM
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shall maintain professional malpractice insurance for professional negligence, including errors,
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omissions, or other professional acts in the amount of $100,000.00. BLUM shall file
Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work under
this Agreement. CITY shall be set forth as an additional named insured in each Certificate of
Insurance provided hereunder. The Certificate( s) of Insurance furnished to the CITY shall
require the insurer to notify CITY of any change or termination in the policy.
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NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
BLUM shall not engage in, nor permit its officers, employees or agents to engage in,
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discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. CONFIDENTIALITY.
BLUM understands and agrees that CITY, as a public entity, can maintain BLUM's
confidentiality only to the extent that doing so does not conflict with its duties under the
California Public Records Act, the Ralph M. Brown Act or any other requirement of law,
regulation, rule, or court or other government decision.
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INDEPENDENT CONTRACTOR.
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BLUM shall perform work tasks provided by this Agreement, but for all intents and
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pwposes BLUM shall be an independent contractor and not an agent or employee of the CITY.
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BLUM shall secure, at its expense, and be responsible for any and all payment of Income Tax,
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Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
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other payroll deductions for BLUM and its officers, agents, and employees, and all business
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licenses, if any are required, in connection with the services to be performed hereunder.
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9. NOTICES.
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Any notice to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
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Linn Livingston, Human Resources Director
300 North "0" Street, 2nd Floor
San Bernardino, CA 92418
Telephone: (909) 384-5161
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TO THE VENDOR:
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Dr. Lawrence Blum, Ph.D., Inc.
5182 Katella Avenue, #205
Los Alamitos, CA 90720
(626) 493-4655
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ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
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rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
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hereof. The costs, salary and expenses of the City Attorney and members of his office in
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enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
ASSIGNMENT.
BLUM shall not voluntarily or by operation of law, assign, transfer, sublet or encumber
all or any part of BLUM's interest in this Agreement without CITY's prior written consent. Any
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attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a
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breach of this Agreement and cause for the termination of this Agreement. Regardless of
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CITY's consent, no subletting or assignment shall release BLUM of BLUM's obligation to
perform all other obligations to be performed by BLUM hereunder for the term of this
Agreement.
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VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
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HEADINGS.
25 The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
provISIons.
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SEVERABILITY.
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If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
12 executed by all parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
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3 ATTEST:
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5 Rachel Clark, City Clerk
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9 Approved as to form:
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11 By:
12 JAMES F. PENMAN
13 City Attorney
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CITY OF SAN BERNARDINO
Fred Wilson, City Manager
Dr. Lawrence Blum, Ph.D., Inc.
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PROFESSIONAL SERVICES AGREEMENT
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This Professional Services Agreement is entered into this 1st day of July 2008, by and
between Dr. Susan Saxe-Clifford, Ph.D., Clinical Psychologist ("SAXE-CLIFFORD ") and the
City of San Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to acquire pre-employment and psychological testing for the
San Bernardino Fire Safety Employees and occasional secondary backup for Police Safety
Officers;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of SAXE-
CLIFFORD to provide those products and services as follows:
A. At the discretion of the Human Resources Director or designee, SAXE-
CLIFFORD hereby agrees to perform the following services:
1) Perform pre-employment psychological examinations 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.
Each written report by SAXE-CLIFFORD shall be accompanied by an
"Authorization for the Release of Medical Information by a Provider of Health
B.
Care" in a form consistent with the provisions of California Civil Code Section
56.11.
Exhibit "aM
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C. SAXE-CLIFFORD shall be available for consultation with respect to any of her
examinations and reports and shall submit supplemental reports as requested by
CITY.
COMPENSATION AND EXPENSES.
A. For the services delineated above, the CITY, upon presentation of an invoice,
shall pay SAXE-CLIFFORD the amount of monthly invoices for services rendered during the
previous month. Invoices shall include task description, the number of hours spent on each task,
and applicable hourly rate.
B. Rate of Compensation
2.
c.
1) CITY agrees to pay SAXE-CLIFFORD the sum of$375.00 for each safety
pre-employment psychological examination at the request of CITY.
2) CITY agrees to pay SAXE-CLIFFORD the regular sum of $250.00 per hour
for each fitness for duty examination and report performed by SAXE-
CLIFFORD at the request of CITY.
3) CITY agrees to pay SAXE-CLIFFORD the sum of$250.00 per hour for
preparation and court testimony performed by SAXE-CLIFFORD at the
request of CITY upon reasonable notice.
4) CITY agrees to pay SAXE-CLIFFORD the sum of $200.00 for appointments
cancelled without the customary 24 hour notice.
Manner of Compensation
1) SAXE-CLIFFORD shall maintain and file with the Human Resources
Director a record of services performed.
2) The Human Resources Director or designee shall submit a claim or request
for payment based on such record to the Finance Department in such manner
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that SAXE-CLIFFORD shall be paid monthly.
3) SAXE-CLIFFORD 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.
D. No other expenditures made by SAXE-CLIFFORD shall be reimbursed by
CITY.
TERM.
3.
The term of this Agreement shall be for a period of one (1) year with two (2) one (1)
year extensions at the City's option.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
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INDEMNITY.
SAXE-CLIFFORD agrees to and shall indemnify and hold the CITY, its elected
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officials, employees, agents or representatives, free and harmless from all claims, actions,
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damages and liabilities of any kind and nature arising from bodily injury, including death, or
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property damage, based or asserted upon any actual or alleged act or omission of SAXE-
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CLIFFORD, its employees, agents, or subcontractors, relating to or in any way connected with
the accomplishment of the work or performance of services under this Agreement, unless the
bodily injury or property damage was actually caused by the sole negligence of the CITY, its
elected officials, employees, agents or representatives. As part of the foregoing indemnity,
SAXE-CLIFFORD agrees to protect and defend at its own expense, including attorneys' fees,
the CITY, its elected officials, employees, agents or representatives from any and all legal
actions based upon such actual or alleged acts or omissions. SAXE-CLIFFORD hereby waives
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any and all rights to any types of express or implied indemnity against the CITY, its elected
officials, employees, agents or representatives, with respect to third party claims against
SAXE-CLIFFORD relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
SAXE-CLIFFORD shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and
statutory Workers' Compensation coverage in accordance with the laws of the State of
California. SAXE-CLIFFORD shall maintain professional malpractice insurance for
professional negligence, including errors, omissions, or other professional acts in the amount of
$100,000.00. SAXE-CLIFFORD shall file Certificate(s) of Insurance with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each Certificate of Insurance provided hereunder.
The
Certificate(s) of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or termination in the policy.
6.
NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
SAXE-CLIFFORD shall not engage in, nor permit its officers, employees or agents to engage
in, discrimination in employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
gender or sexual orientation, or any other status protected by law, except as permitted pursuant
to Section 12940 of the California Government Code.
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SAXE-CLIFFORD understands and agrees that CITY, as a public entity, can maintain
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SAXE-CLIFFORD's confidentiality only to the extent that doing so does not conflict with its
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duties under the California Public Records Act, the Ralph M. Brown Act or any other
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requirement oflaw, regulation, rule, or court or other government decision.
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8. INDEPENDENT CONTRACTOR.
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SAXE-CLIFFORD shall perform work tasks provided by this Agreement, but for all
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intents and purposes, SAXE-CLIFFORD shall be an independent contractor and not an agent or
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employee of the CITY. SAXE-CLIFFORD shall secure, at her expense, and be responsible for
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any and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
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Unemployment Compensation, and other payroll deductions for SAXE-CLIFFORD and her
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officers, agents, and employees, and all business licenses, if any are required, in connection
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with the services to be performed hereunder.
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9.
NOTICES.
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Any notice to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
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TO THE VENDOR:
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Linn Livingston, Human Resources Director
300 North "D" Street, 2"d Floor
San Bernardino, CA 92418
Telephone: (909) 384-5161
Dr. Susan Saxe-Clifford, Ph.D.
16530 Ventura Blvd, Ste 203
Encino, CA 91316
(818) 788-8005
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10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. 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 "attorneys' fees" for the
purposes of this paragraph.
11.
ASSIGNMENT.
SAXE-CLIFFORD shall not voluntarily or by operation oflaw, assign, transfer, sublet
or encumber all or any part of SAXE-CLIFFORD's interest in this Agreement without CITY's
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release SAXE-
CLIFFORD of SAXE-CLIFFORD's obligation to perform all other obligations to be performed
by SAXE-CLIFFORD hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
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GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
1 14.
HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
15.
provIsIons.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
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of this Agreement. This Agreement may be modified or amended only by a written instrument
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executed by all parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
2 and date first above shown.
3 ATTEST:
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5 Rachel Clark, City Clerk
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9 Approved as to form:
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II By:
12 JAMES F. PENMAN
13 City Attorney
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CITY OF SAN BERNARDINO
Fred Wilson, City Manager
Dr. Susan Saxe-Clifford, Ph.D.
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is entered into this 1 st day of July 2008, by and
between Dr. Lawrence Blum, Ph.D., Inc., Clinical Psychologist ("BLUM") and the City of San
Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to acquire pre-employment physical and fitness for duty
psychological testing for the San Bernardino Police Safety Officers;
NOW, THEREFORE, the parties hereto agree as follows:
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SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of BLUM
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to provide those products and services as follows:
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A.
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C.
At the discretion of the Human Resources Director or designee, BLUM hereby
agrees to perform the following services:
1) Perform pre-employment psychological examinations 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.
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.
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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COMPENSATION AND EXPENSES.
A. For the services delineated above, the CITY, upon presentation of an invoice,
shall pay BLUM the amount of monthly invoices for services rendered during the previous
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month. Invoices shall include task description, the number of hours spent on each task, and
applicable hourly rate.
B. Rate of Compensation
I) CITY agrees to pay BLUM the sum of $300.00 for each safety officer pre-
employment psychological examination at the request of CITY.
2) CITY agrees to pay BLUM the regular sum of$I,250.00 for each fitness
for duty examination and report performed by BLUM at the request of
CITY.
3) CITY agrees to pay BLUM the sum of $80.00 per hour for preparation and
court testimony performed by BLUM at the request of CITY upon reasonable
notice.
C.
4) CITY agrees to pay BLUM the sum of$100.00 for appointments
cancelled without the customary 24 hour notice.
Manner of Compensation
1) BLUM shall maintain and file with the Human Resources Director a
record of services performed.
2) The Human Resources Director or designee 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
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provided herein, and CITY shall not be liable for any such costs and
expenses.
No other expenditures made by BLUM shall be reimbursed by CITY.
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The term of this Agreement shall be for a period of one (I) year with two (2) one (I)
year extensions at the City's option.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
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INDEMNITY.
BLUM agrees to and shall indemnify and hold the CITY, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property
damage, based or asserted upon any actual or alleged act or omission of BLUM, its employees,
agents, or subcontractors, relating to or in any way connected with the accomplishment of the
work or performance of services under this Agreement, unless the bodily injury or property
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damage was actually caused by the sole negligence of the CITY, its elected officials,
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employees, agents or representatives. As part of the foregoing indenmity, BLUM agrees to
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protect and defend at its own expense, including attorneys' fees, the CITY, its elected officials,
employees, agents or representatives from any and all legal actions based upon such actual or
alleged acts or omissions. BLUM hereby waives any and all rights to any types of express or
implied indemnity against the CITY, its elected officials, employees, agents or representatives,
with respect to third party claims against the BLUM relating to or in any way connected with
the accomplishment of the work or performance of services under this Agreement.
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INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement,
BLUM shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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Workers' Compensation coverage in accordance with the laws of the State of California. BLUM
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shall maintain professional malpractice insurance for professional negligence, including errors,
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omissions, or other professional acts in the amount of $100,000.00. BLUM shall file
Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work under
this Agreement. CITY shall be set forth as an additional named insured in each Certificate of
Insurance provided hereunder. The Certificate( s) of Insurance furnished to the CITY shall
require the insurer to notifY CITY of any change or termination in the policy.
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NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
BLUM shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. CONFIDENTIALITY.
BLUM understands and agrees that CITY, as a public entity, can maintain BLUM's
confidentiality only to the extent that doing so does not conflict with its duties under the
California Public Records Act, the Ralph M. Brown Act or any other requirement of law,
regulation, rule, or court or other government decision.
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INDEPENDENT CONTRACTOR.
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BLUM shall perform work tasks provided by this Agreement, but for all intents and
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purposes BLUM shall be an independent contractor and not an agent or employee of the CITY.
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BLUM shall secure, at its expense, and be responsible for any and all payment of Income Tax,
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Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
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other payroll deductions for BLUM and its officers, agents, and employees, and all business
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licenses, if any are required, in connection with the services to be performed hereunder.
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9. NOTICES.
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Any notice to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service, postage prepaid and addressed as follows:
Linn Livingston, Human Resources Director
300 North "0" Street, 2nd Floor
San Bernardino, CA 92418
Telephone: (909) 384-5161
Dr. Lawrence Blum, Ph.D., Inc.
5182 Katella Avenue, #205
Los Alamitos, CA 90720
(626) 493-4655
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ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
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rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
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hereof. The costs, salary and expenses of the City Attorney and members of his office in
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enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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ASSIGNMENT.
BLUM shall not voluntarily or by operation of law, assign, transfer, sublet or encumber
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all or any part of BLUM's interest in this Agreement without CITY's prior written consent. Any
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attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a
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breach of this Agreement and cause for the termination ofthis Agreement. Regardless of
CITY's consent, no subletting or assignment shall release BLUM of BLUM's obligation to
perform all other obligations to be performed by BLUM hereunder for the term of this
Agreement.
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VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
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HEADINGS.
25 The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
prOVISions.
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SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
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and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
12 executed by all parties to this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
2 and date first above shown.
3 ATTEST:
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5 Rachel Clark, City Clerk
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9 Approved as to form:
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11 "? ~"H~~c....
12 SF. PENMAN
13 Y Attorney
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CITY OF SAN BERNARDINO
Fred Wilson, City Manager
Dr. Lawrence Blum, Ph.D., Inc.
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