HomeMy WebLinkAbout10- Civil Service CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION
From: Mike Newbry, Chief Examiner Subject: Second Amendment to
Agreement with Lawrence N. Blum
Dept: Civil Service Ph.D. to conduct Psychological
r ^ ' * Examinations for the City
Date: March 14, 2000 0 t 6 . + /'1
Meeting Date: April 3, 2000
Synopsis of Previous Council Action: In July 1999, the Council approved a First
Amendment to Agreement for Lawrence N. Blum, Ph.D. to provide Psychological
Examinations for the City.
Recommended Motion: Adopt Resolution
Siiggn�at rre
Contact person: Mike Npwhry phone: 5008
Chief Examiner
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) 001-141-5505
(Acct. Descries+orpr Professional Servce
Finance:
Council Notes:
Agenda Item No.
yl3l.?0W
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Second Amendment to Agreement with Lawrence N. Blum, Ph.D. to conduct
Psychological examinations for the City of San Bernardino. This Amendment covers the period
July 1, 2000 to June 30, 2001.
Background: In May 1998, the Council approved an Agreement with Lawrence N. Blum, Ph.D.
to conduct Psychological Examinations for the City of San Bernardino for the period April 1,
1998 through March 31, 1999, then in July 1999,the Council approved the First Amendment to
Agreement to cover the period April 1, 1999 to June 30, 2000. This will be the last amendment
to the agreement and will be going out to bid next year.
The agreement consists of providing psychological examinations for the Police Department.
This Amendment to Agreement represents no increase in cost to the City.
Financial Impact: The funding source for these Agreements is account number 001-141-5505
from the Civil Service Department and the budgeted amount for this Agreement is $30,000. An
exact amount cannot be placed since the amount expended depends upon the number of physical
examinations conducted during the term of the Agreement.
Recommendation: Adopt the Resolution. If this Amendment to Agreement is not approved,
the City will not be able to complete the hiring process for new employees.
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RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH DR.
LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
4 POLICE DEPARTMENT.
5 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 is
7
hereby authorized and directed to execute on behalf of said
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City a Second Amendment to Agreement with Dr. Lawrence Blum
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for the purpose of conducting psychological examinations for
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the Police Department, copy of which is attached hereto,
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marked Exhibit "A" , and incorporated herein by reference as
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fully as though set forth at length. This amendment is
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effective July 1, 2000 and terminates on June 30, 2001.
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SECTION 2 . This agreement shall not take effect until
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fully signed and executed by all parties . The City shall not
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be obligated hereunder unless and until the agreement is
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18 executed and no oral agreement relating thereto shall be
implied or authorized.
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SECTION 3 . The authorization to execute the above
20
21 referenced agreement is rescinded if the parties to the
22 agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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24 / / / /
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH DR.
2 LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE
POLICE DEPARTMENT.
3
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
5
Bernardino at a meeting thereof, held on the
6
day of 2000, by the following vote, to wit:
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8 COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
9 ESTRADA
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
14 ANDERSON
15 MCCAMMACK
16
17 CITY CLERK
1$ The foregoing resolution is hereby approved this day of
2000 .
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20
21 Judith Valles, Mayor
City of San Bernardino
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Approved as to form and legal content:
24
JAMES F. PENMAN
25 City Attorney
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2000-69
EXHIBIGT A ....
AGREEMENT
2
HIS AGREEMENT is made and entered into at San Bernardino
3
California, this 3rd day of SP=il 2000, by and between
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the CITY OF SAN BERNARDINO, a municipal corporation
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hereinafter called "CITY" , and Dr. Lawrence Blum, Ph.D. ,
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Inc. , Clinical Psychologist, hereinafter referred to as
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"BLUM" .
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The parties agree as follows:
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1. Scope of work:
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A. At the discretion of the Chief of police and
11 the Chief Examiner, BLUM hereby agrees to perform
the following services:
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1. Perform pre-employment psychological
13 examinations and submit reports as requested by
CITY.
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2 . Perform fitness for duty examinations and
15 submit reports as requested by CITY.
16 3 . Provide court testimony as requested by
CITY.
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B. These services shall be provided pursuant to
18 the "Methods of Assessment in Examinations" and
"Response and Report to the Chief Examiner"
19 provisions in Exhibit 1 and Exhibit 2, attached and
incorporated herein by reference as though fully
20 set forth.
21 C. Each written report by BLUM shall be
accompanied by an "Authorization for the Release of
22 Medical Information by a Provider of Health Care"
in a form consistent with the provisions of
23 California Civil Code Section 56.11.
24 D. BLUM shall be available for consultation with
respect to any of his examinations and reports and
25 shall submit supplemental reports as requested by
CITY.
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2000-69
j 2 . Term
2 The term of this agreement -shall commence on
July 1, 2000, and terminate on June 30, 2001 .
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3 . Option to Extend
4
Upon expiration of the term hereof, City shall have the
5 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
9 $200 .00 for each safety officer pre-employment
psychological examination and $150 .00 for each
10 Police Dispatcher pre-employment psychological
examination and report performed by BLUM at the
11 request of CITY.
12 (2) CITY agrees to pay BLUM the regular sum
of $350.00 for each fitness for duty examination
13 and report performed by BLUM at the request of
CITY, plus $100 . 00 per hour for any additional work
14 with prior approval by the Chief Examiner.
15 (3) CITY agrees to pay BLUM the sum of $80 .00
per hour for preparation and court testimony
16 performed by BLUM at the request of CITY upon
reasonable notice.
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(4) CITY agrees to pay BLUM the sum of
18 $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
21 Chief Examiner a monthly record of services
performed.
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(2) The Chief Examiner shall submit a claim
23 or request for payment based on such record to the
Finance Department in such manner that BLUM shall
24 be paid monthly.
25 (3) BLUM shall assume and pay all out-of-
pocket expenses and costs of performing services
26 under this agreement except as otherwise
specifically provided herein, and CITY shall not be
27 liable for any such costs and expenses .
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2000-69
1
5. Amendments
2
This agreement may be amended or modified only by
3 written agreement executed by both parties .
4 6 . Assignment
5 BLUM'S rights under this agreement shall not be assigned
by BLUM to any other person, firm or corporation without
6 the prior written consent of the CITY.
7 7 . Relationship of Parties
8 BLUM is acting as an independent contractor, and not as
an employee of the CITY. In their performance of
9 personal services pursuant to the provisions of this
agreement, BLUM shall not be supervised, directed, or
10 under the control or authority of any City Officer or
employee, except and to the extent as may be expressly
11 or implicitly required by the terms and provisions of
this agreement . Any direction or control so required
12 under this agreement shall be limited to broad
objectives or goals of the project or program to be
13 accomplished and not to the details and procedures to
accomplish such objectives or goals . BLUM shall not be
14 obligated to conform to the supervision or direction of
City officers or employees which are not authorized
15 herein. Changes or modifications of said objectives and
goals may be made by written recommendations of either
16 party subject to the concurrence of the other party in
17 writing.
18 8 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS
BLUM hereby agrees to defend, indemnify and hold
19 harmless CITY, its officers and employees from and
against any and all liability, damages, costs, losses.
20 claims and expenses, however caused, arising from BLUM'S
negligence or willful misconduct in the performance of
21 this agreement and also including any claims that may
arise against CITY by reason of BLUM' S legal
22 relationship with CITY being categorized as other than
that of an independent contractor. Any concurrent
23 negligence or willful misconduct of CITY, its officers
and employees shall in no way diminish BLUM' S
24 obligations hereunder.
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2000-69
1 9. Insurance
2 BLUM shall provide to CITY evidence of insurance
covering BLUM and CITY as an additional insured as to
3 any potential liability to BLUM and CITY. The evidence
to be provided shall be a Certificate of Insurance
4 describing the coverage provided and naming CITY as an
additional insured. The insurance shall require the
5 City to be notified of any change or termination ten
(10) days in advance, and shall consist of the
6 following:
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A. Workers' Compensation
8
BLUM shall provide proof of workers' compensation
9 insurance coverage for all of its employees
pursuant to this agreement. Evidence of such
10 insurance shall be furnished to City' s Risk
Management Division prior to commencement of this
11 agreement.
12 B. Professional Liability Insurance
13 Professional liability insurance covering the
professional services provided by BLUM, including
14 coverage for professional errors and omissions, in
a combined single limit of not less than
15 $1, 000, 000 .00 per person.
16 10 . Attorneys ' Fees
17 In the event an action is filed by either party to
enforce rights under this agreement, the prevailing
18 party shall be entitled to recover reasonable attorney' s
fees in addition to any other relief granted by the
19 court. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this
20 agreement on behalf of the City shall be considered as
21 "attorney' s fees" for the purposes of this paragraph.
11. Termination of Agreement
22
Either party may terminate this agreement without cause
23 and for any reason by giving thirty (30) days advance
24
written notice of termination to the other party.
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2000-69
1 12 . Notices
2 Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in
3 the United States mail, postage prepaid, and addressed
as follows :
4
Chief Examiner Dr. Lawrence Blum '
5 City of San Bernardino �4�DN. Inc.
300 North "D" Street Golden cl 1�,5
6 San Bernardino, CA 92418 to A 92705
7 13 . Entire Agreement
8 This agreement constitutes the entire agreement between
CITY and BLUM and may be modified only by further
9 written agreement between the parties. VV
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2000-69
1 SECOND AMENDMENT TO 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
ATTEST:
8
9
j BY:
an
10 City Clerk Q Valles, Mayor
11
12 LAWRENCE BLUM, Ph.D.
13
14 BY:
Dr. Lawrence Blum, Ph.D.
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16
Approve as to form
17 and Legal Content :
18
19
JAMES F. PENMAN,
20 City Atto • ey
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22 BY:
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24 / / / /
25 / / / /
26 / / / /
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a
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2000-69
j EXHIBIT 1
Police Officers
2
A. Methods of Assessment in �Examinations :
3
Two main methods will be used in examinations. They are
4 as follows:
5 1 . Use of structured clinical interviews performed with
each candidate in either pre-employment or fitness for
6 duty examinations. Included in the interview will be
both psychodiagnostic information used in assessment of
7 emotional, mental and behavioral stability; simulated
case situations used in assessing response tendencies in
8 specified areas of police work. Of importance here is
assessment of availability of internal resources the
9 officer has which will likely be used in order
maintenance, crime suppression, or investigative areas
10 of police work; aspects of the candidate' s past life
experiences which will be influential in his/her dealing
11 with subjects, suspects, and other police personnel,
especially command; strengths and weaknesses in the
12 candidate' s personality, experience, and ability, and
the candidate ' s ability to acknowledge areas needing
13 improvement; and finally ability to communicate
assertively under differing conditions.
14
2 . Use of Psychological Test Instruments in Examinations.
15 Two personality profile tests will be administered to
each candidate. They are the Minnesota Multiphasic
16 Personality Inventory (MMPI) and the California
Psychological Inventory (CPI) .
17
B . Report to the Chief Examiner:
18
Pre-employment examinations:
19 Within two (2) weeks following completion of
examinations a written report will be made to the Chief
20 Examiner which will document work relevant information,
including justification for recommendations. Two
21 response categories will be provided: Pass or Fail .
Dr. Blum shall directly contact only the Lieutenant in
22 charge of training of the San Bernardino Police
Department, and shall communicate only as to his need
23 for data specific to the criteria used in A.1 above.
24 C. Report to the Chief of Police:
25 Fitness for Duty Examinations:
These examinations shall include structured clinical
26 interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
27 completion of examinations a written report will be made
9
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2000-69
1 to the Chief of Police or Assistant Chief of Police
which will document work relevant information, and set
2 forth a recommendation as to the potential for future
rehabilitation of the employee. Where the doctor
3 determines that the employee is in a crisis situation,
as determined by the doctor, an oral recommendation
4 shall be made to the Chief of Police on shorter notice
to be followed immediately by a written confirmation.
5
D. Information obtained hereunder shall be released only as
6 provided in California Civil Code Section 56.10. All
ratings, test results, and interview data shall be
7 maintained by Dr. Blum during the life of this
agreement, Dr. Blum shall transfer such files to such
8 persons as the Chief Examiner shall advise him of in
writing. Dr. Blum shall be entitled to recover his
9 costs of such transfer.
10 E. In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
11 Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
12 resulting in any way from recommendations arising from
contracted evaluations. An additional fee will be
13 charged for each hour or preparation and testimony
required.
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2000-69
j EXHIBIT 2
Police Dispatchers
2
Methods of Assessment in'Examinations:
3
Two main methods of assessment will be used in
4 examinations. They are as follows :
5 1 . Use of structured clinical interviews performed
with each candidate in pre-employment examination.
6 Included in the interview will be information used in
assessment of emotional, mental and behavioral
7 stability; and response tendencies in specific areas of
interpersonal skills; cooperative--i .e. , team play,
8 self-initiative, decision making, ability and commitment
to follow through on tasks, stability in the manner in
9 which they respond to problems, effective ability to
express themselves, and willingness and ability to
10 conform their behavior and attitudes to the requirements
of the work setting.
11
2 . Use of Psychological Test Instruments in
12 Examinations. Two personality profile tests will be
administered to each candidate. They are the Minnesota
13 Multiphasic Personality Inventory (MMPI) and the
California Psychological Inventory (CPI) .
14
B. Report to the Chief Examiner:
15
Pre-Employment Examinations:
16 Within two (2) weeks following completion of
examinations a written report will be made to the Chief
17 Examiner which will document work relevant information,
including justification for recommendations. Two
18 response categories will be provided: Pass of Fail.
Dr. Blum shall not directly contact the San Bernardino
19 Police Department - regarding the examination of any
person for employment with that department.
20
C. Report to the Chief of Police:
21
Fitness-for-duty examinations:
22 These examinations shall include structured clinical
interviews, MMPI Examinations, and a review of
23 Departmental records. Within two (2) weeks following
completion of examinations a written report will be made
24 to the Chief of Police or Assistant Chief of Police
which will document work relevant information, and set
25 forth a recommendation as to the potential for future
rehabilitation of the employee. Where the doctor
26 determines that the employee is in a crisis situation,
as determined by the doctor, an oral recommendation
27 shall be made to the Chief of Police on shorter notice
28 11
2000-69
1 to be followed immediately by a written confirmation.
2
Information obtained hereunder shall be released only as
3 provided in California Civil Code Section 56.10. All
ratings, test results, and interview data shall be
4 maintained by Dr. Blum during the life of this agreement
and any extensions thereof. Upon termination of this'
5 agreement, Dr. Blum shall transfer such files to such
persons as the Chief Examiner shall advise him of in
6 writing. Dr. Blum shall be entitled to recover his
costs of such transfer.
7
E. In the event of an administrative action or litigation
8 involving a candidate' s appeal of the screening process,
Dr. Blum will provide any testimony and documentation
9 required to support the Department in hearings or suits
resulting in any way from recommendations arising from
10 contracted evaluations. An additional fee will be
charged for each hour of preparation and testimony
11 required.
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