HomeMy WebLinkAbout18- Civil Service CITY OF SAN BERKARDINO - REQUEST . JR COUNCIL ACTION
From: H. Doug Chandten Subject: Resotution o6 the City o6 San BuLnandino
Ch i.e� Bxaminvt au tho t zing execution o6 agreement with Dn.
Dept: Civit Service Lawrence Btum to conduct pb ychotogicat exaw
for the Pot2ice Depahtment
Date: March 9, 1993
Synopsis of Previous Council action:
On June 15, 1992, the Councit approved an agreement 6or Dr. Lawrence Blum to conduct
pz ychotogicat examinat i.onz for the Potice Department.
Recommended motion:
Adopt RezoZution.
Signature
Contact person: H 'Doug chaiadPot, Phone: 5008
Supporting data attached: Agreement Ward:
FUNDING REQUIREMENTS: Amount: $95,000
Source: (Acct No ) o01-1Ok--;uAn
Acct. Description) Medicat Fxaw
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERK- .RDINO - REQUEST 1- JR COUNCIL ACTION
STAFF REPORT
Dr. Blum's agreement with the City to provide psychological
examinations for the Police Department has been in effect since
October 3, 1988.
Attached is a resolution and agreement for the period April 1, 1993
and ending March 31, 1994, for Dr. Lawrence Blum to provide
psychological examinations for the Police Department.
The attached resolution does have one change from past years. The
Police Department has requested that in addition to the sworn
officers, the dispatchers should receive psychological evaluations
prior to employment. The cost for the evaluations for the Sworn
Officers is $200. 00 each; this cost has held constant since 1990
and will remain the same with this resolution. The cost for
evaluations for the Police Dispatchers is $150. 00 each.
75-0264
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 XECUTION OF AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT
SYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 ITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 ereby authorized and directed to execute on behalf of said
8 ity an agreement with Dr. Lawrence Blum for the purpose of
9 onducting psychological examinations for the Police
10 Department, copy of which is attached hereto, marked Exhibit
11 "A" , and incorporated herein by reference as fully as though
12 set forth at length. This agreement is effective April 1,
13 1993 and terminates on March 31, 1994.
14 SECTION 2 . This agreement shall not take effect 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 meeting thereof, held on the
26 day of , 1993 , by the following vote, to wit:
27
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1 RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE BLUM TO
CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
2
3 COUNCIL MEMBERS: AYES NAYS ABSTAIN
4 ESTRADA
5 RE I LLY
6 HERNANDEZ
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
11
12 CITY CLERK
13
14 The foregoing resolution is hereby approved this
day of , 1993 .
15
16
17
18 W.R. Holcomb, Mayor
City of San Bernardino
19
20
Approved as to
21 form and legal content:
22
JAMES F. PENMAN
23 City Attorney
24
25
By.
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1 EXHIBIT A
AGREEMENT
2 HIS AGREEMENT is made and entered into at San Bernardino
3
alifornia, this day of , 1993 , by and
4 etween the CITY OF SAN BERNARDINO, a municipal corporation
5
ereinafter called "CITY" , and Dr. Lawrence Blum, Ph.D. , Inc. ,
6 linical Psychologist, hereinafter referred to as "BLUM" .
7
The parties agree as follows:
8
1. Scope of work:-
9 •
A. BLUM hereby agrees to perform the following
10 services:
11 1. Perform pre-employment psychological
examinations and submit reports as requested by
12 CITY.
13 2 . Perform fitness for duty examinations and
submit reports as requested by CITY.
14
3. Provide court testimony as requested by
15 CITY.
16 B. These services shall be provided pursuant to
the "Methods of Assessment in Examinations" and "Response
17 and Report to the Chief Examiner" provisions in Exhibit
1 and Exhibit 2, attached and incorporated herein by
18 reference as though fully set forth.
19 C. Each written report by BLUM shall be
accompanied by an "Authorization for the Release of
20 Medical Information by a Provider of Health Care" in a
form consistent with the provisions of California Civil
21 Code Section 56.11.
22 D. BLUM shall be available for consultation with
respect to any of his examinations and reports and shall
23 submit supplemental reports as requested by CITY.
24 2. Term
25 The term of this agreement is for a period of one
year. This agreement shall commence on April 1, 1993,
26 and terminate on March 31, 1994.
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1 3 . Option to Extend
2 Upon expiration of the term hereof, City shall have
the option to extend this agreement for a one year period
3 upon the same terms and conditions.
4 4 . Provision for Payment
5 A. Rate of Compensation
6 (1) CITY agrees to pay BLUM the sum of $200.00
for each safety officer pre-employment psychological
7 examination and $150. 00 for each Police Dispatcher pre-
employment psychological examination and report performed
8 by BLUM at the request of CITY.
9 (2) CITY agrees to pay BLUM the regular sum of
$400. 00 for each fitness for duty examination and report
10 performed by BLUM at the request of CITY, plus $100. 00
per hour for any additional work with prior approval by
11 the Chief Examiner.
12 (3) CITY agrees to pay BLUM the sum of $100.00
per hour for preparation and court testimony performed by
13 BLUM at the request of CITY upon reasonable notice.
14 (4) CITY agrees to pay BLUM the sum of $100. 00
for appointments cancelled without the customary 24 hour
15 notice.
16 B. Manner of Compensation
17 (1) BLUM shall maintain and file with the
Chief Examiner a monthly record of services performed.
18
(2) The Chief Examiner shall submit a claim or
19 request for payment based on such record to the Finance
Department in such manner that BLUM shall be paid
20 monthly.
21 (3) BLUM shall assume and pay all out-of-
pocket expenses and costs of performing services under
22 this agreement except as otherwise specifically provided
herein, and CITY shall not be liable for any such costs
23 and expenses.
24 5. Amendments
25 This agreement may be amended or modified only
26 by written agreement executed by both parties.
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1 6. Assignment
2 BLUM'S rights under this agreement shall not be
assigned by BLUM to any other person, firm or corporation
3 without the prior written consent of the CITY.
4 7. Relationship of Parties
5 BLUM is acting as an independent contractor, and not
as an employee of the CITY. In their performance of
6 personal services pursuant to the provisions of this
agreement, BLUM shall not be supervised, directed, or
7 under the control or authority of any City Officer or
employee, except and to the extent as may be expressly or
8 implicitly required by the terms and provisions of this
agreement. Any direction or control so required under
9 this agreement shall be limited to broad objectives or
goals of the project or program to be accomplished and
10 not to the details and procedures to accomplish such
objectives or goals. BLUM shall not be obligated to
11 conform to the supervision or direction of City officers
or employees which are not authorized herein. Changes or
12 modifications of said objectives and goals may be made by
written recommendations of either party subject to the
13 concurrence of the other party in writing.
14 8. INDEMNIFICATION. DEFENSE HOLD HARMLESS
15 BLUM hereby agrees to defend, indemnify and hold
harmless CITY, its officers and employees from and
16 against any and all liability, damages, costs, losses.
claims and expenses, however caused, arising from BLUM'S
17 negligence or willful misconduct in the performance of
this agreement and also including any claims that may
18 arise against CITY by reason of BLUM'S legal relationship
with CITY being categorized as other than that of an
19 independent contractor. Any concurrent negligence or
willful misconduct of CITY, its officers and employees
20 shall in no way diminish BLUM'S obligations hereunder.
21 9. Insurance
22 BLUM shall provide to CITY evidence of insurance
23 covering BLUM and CITY as an additional insured as to any
potential liability to BLUM and CITY. The evidence to be
24 provided shall be a Certificate of Insurance describing
the coverage provided and naming CITY as an additional
25 insured. The insurance shall consist of the following:
26
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28 3
1 A. Workers' Compensation
2 BLUM shall provide proof of workers'
compensation insurance coverage for all of its
3 employees pursuant to this agreement. Evidence of
such insurance shall be furnished to City's Risk
4 Management Division prior to commencement of this
5 agreement.
B. Professional Liability Insurance
6
Professional liability insurance covering the
7 professional services provided by BLUM, including
coverage for professional errors and omissions, in
8 a combined single limit of not less than
$1, 000, 000.00 per person.
9
10. Attorneys' Fees
10
In the event an action is filed by either party to
11 enforce rights under this agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees
12 in addition to any other relief granted by the court.
13 11. Termination of Agreement
14 Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days
15 advance written notice of termination to the other party.
16 12. Notices
17 Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in
18 the United States mail, postage prepaid, and addressed as
follows:
19
Chief Examiner Dr. Lawrence Blum
20 City of San Bernardino Ph.D. , Inc.
300 North "D" Street 540 N. Golden Circle Dr. #15
21 San Bernardino, CA 92418 Santa Ana, CA 92705
22 13 . Entire Agreement
23 This contract constitutes the entire agreement
between CITY and BLUM and may be modified only by further
24 written agreement between the parties.
25
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4
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1 AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL
2 EXAMINATIONS FOR THE POLICE DEPARTMENT.
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
BY:
10 City Clerk W. R. Holcomb, Mayor
11
12 DR. LAWRENCE BLUM, Ph.D.
13
14 BY:
15 Dr. Lawrence Blum, Ph.D.
16
Approve as to form
17 and Legal Content:
18 JAMES F. PENMAN,
19 City Attorney
20
BY:
21
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1 EXHIBIT 1
2 Police Officers
3 A. Methods of Assessment in Examinations:
4 Two main methods will be used in examinations. They are
as follows:
5 1. Use of structured clinical interviews performed with each
candidate in either pre-employment or fitness for duty
6 examinations. Included in the interview will be both
7 psychodiagnostic information used in assessment of
emotional, mental and behavioral stability; simulated
case situations used in assessing response tendencies in
8 specified areas of police work. Of importance here is
9 assessment of availability of internal resources the
officer has which will likely be used in order
10 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
11 with subjects, suspects, and other police personnel,
especially command; strengths and weaknesses in the
12 candidate's personality, experience, and abilit y, and the
candidate's ability to acknowledge areas needing
13 improvement; and finally ability to communicate
14 assertively under differing conditions.
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
17 Psychological Inventory (CPI) .
18 B. Report to the Chief Examiner:
19 Pre-employment examinations:
Within two (2) weeks following completion of examinations
20 a written report will be made to the Chief Examiner which
will document work relevant information, including
21 justification for recommendations. Two response
categories will be provided: Pass or Fail. Dr. Blum
22 shall directly contact only the Lieutenant in charge of
training of the San Bernardino Police Department, and
23 shall communicate only as to his need for data specific
to the criteria used in A. 1 above.
24 C. Report to the Chief of Police:
25 Fitness for Duty Examinations:
26 These examinations shall include structured clinical
interviews, MMPI Examinations, and a review of
27 Departmental records. Within two (2) weeks following
completion of examinations a written report will be made
28 to the Chief of Police or Assistant Chief of Police which
1 will document work relevant information, and set forth a
recommendation as to the potential for future
2 rehabilitation of the employee. Where the doctor
determines that the employee is in a crisis situation, as
3 determined by the doctor, an oral recommendation shall be
made to the Chief of Police on shorter notice to be
4 followed immediately by a written confirmation.
5 D. Information obtained hereunder shall be released only as
provided in California Civil Code Section 56. 10. All
6 ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this agreement,
7 Dr. Blum shall transfer such files to such persons as the
Chief Examiner shall advise him of in writing. Dr. Blum
8 shall be entitled to recover his costs of such transfer.
9 E. In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
10 Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
11 resulting in any way from recommendations arising from
contracted evaluations. An additional fee will be
12 charged for each hour or preparation and testimony
13 required.
14
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I EXHIBIT 2
2 Police Dispatchers
3 A. Methods of Assessment in Examinations:
Two main methods of assessment will be used in
4 examinations. They are as follows:
5 1. Use of structured clinical interviews performed with
6 each candidate in pre-employment examination. Included
in the interview will be information used in assessment
7 of emotional, mental and behavioral stability; and
response tendencies in specific areas of interpersonal
8 skills; cooperative--i.e. , team play, self-initiative,
decision making, ability and commitment to follow through
9 on tasks, stability in the manner in which they respond
to problems, effective ability to express themselves, and
willingness and ability to conform their behavior and
10 attitudes to the requirements of the work setting.
11 2. Use of Psychological Test Instruments in
Examinations. Two personality profile tests will be
12 administered to each candidate. They are the Minnesota
Multiphasic Personality Inventory (MMPI) and the
13 California Psychological Inventory (CPI) .
14 B. Report to the Chief Examiner:
15 Pre-Employment Examinations:
Within two (2) weeks following completion of examinations
16 a written report will be made to the Chief Examiner which
will document work relevant information, including
17 justification for recommendations. Two response
18 categories will be provided: Pass of Fail. Dr. Blum
shall not directly contact the San Bernardino Police
19 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 forth a
25 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 shall be
27 made to the Chief of Police on shorter notice to be
followed immediately by a written confirmation.
28
1 D. Information obtained hereunder shall be released only as
provided in California Civil Code Section 56. 10. All
2 ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this agreement
3 and any extensions thereof. Upon termination of this
agreement, Dr. Blum shall transfer such files to such
4 persons as the Chief Examiner shall advise him of in
writing. Dr. Blum shall be entitled to recover his costs
5 of such transfer.
6 E. In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
7 Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
8 resulting in any way from recommendations arising from
contracted evaluations. An additional fee will be
9 charged for each hour of preparation and testimony
10 required.
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