HomeMy WebLinkAbout25-Civil Service
. CITY OF SAN BERQRDINO
EQUEST ~R COUNCIL ACTION
From: Roger C. JeFratis, Chief Examiner
Dept: Ci vi 1 Servi ce Offi ce
Subject: Execution of an Agreement with Dr. Lawrence
Blum to conduct Psychological Examinations
for the Police Department.
Dete: June 15, 1990
Synopsis of Previous Council action:
On October 3, 1988, the Council approved an agreement for Dr. Lawrence Blum to conduct
Psychological Examinations for the Police Department.
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Recommended motion:
Adopt resolution.
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Contact person:
Roger C. DeFratis
Phone:
5008
Supporting data attached: Agreement
Ward:
FUNDING REQUIREMENTS:
Amount: $21 ,500
Source: (Acct. No.1 001-224-53150
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(Acct. Descriotionl
Finance:
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Council Notes:
75-0262
Agenda Item No ~5
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
2 THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM TO
CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPART-
3 MENT.
4 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
7 I is hereby authorized and directed to execute on behalf of
8 I said city an agreement with Dr. Lawrence Blum for the pur-
9 I pose of conducting psychological examinations for the
10 I Police Department, copy of which is attached hereto,
11 marked Exhibit "A", and incorporated herein by reference
12 as fully as though set forth at length. This agreement is
13 effective March 20, 1990 and terminates on March 31, 1991.
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SECTION 2. This Agreement shall not take affect
15 until fully signed and executed by all parties. The City
16 shall not be obligated hereunder unless and until the
17 Agreement is fully executed and no oral agreement relating
18 thereto shall be implied or authorized.
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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20 referenced agreement is rescinded if the parties to the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
24 duly adopted by the Mayor and Common Council of the city
of San Bernardino at a
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thereof, held on the
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RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE BLUM
2 TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DE-
PARTMENT.
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day of
5 to wit:
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COUNCIL MEMBERS:
I
I ESTRADA
I REILLY
FLORES
I MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
II
, 1990, by the following vote
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ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
day of
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22 Approved as to
form and legal content:
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24 JAMES F. PENMAN
City Attorney
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, 1990.
W.R. Holcomb, Mayor
City of San Bernardino
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AGREEMENT
This Agreement, made and entered into at San Bernardino,
California, this
day of
, 1990, by and
5 between the City of San Bernardino, a municipal corporation
6 (hereinafter referred to as "CITY"), and Dr. Lawrence Blum,
7 Ph. D., Inc., Clinical Psychologist (hereinafter referred to as
8 "BLUM") .
9 CITY and BLUM agree as follows:
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1. ScoDe of Work:
A. 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.
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 also 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
27 Section 56.11.
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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, 1990,
and terminate on March 31, 1991.
3. Ootion to Extend.
Upon expiration of the term hereof, City shall have
the option to extend this agreement for a one year period
upon the same terms and conditions.
4. Provision for Payment.
A. Rate of Compensation
(1) CITY agrees to pay BLUM the sum of $200.00
for each pre-employment psychological examination and
report performed by BLUM at the request of CITY.
(2) CITY agrees to pay BLUM the regular sum of
$400.00 for each fitness for duty examination and
report performed by BLUM at the request of CITY, plus
$100.00 per hour for any additional work with prior
approval by the Chief Examiner.
(3)
CITY agrees to pay BLUM the sum of $100.00
per hour for preparation and court testimony performed
by BLUM at the request of CITY upon reasonable notice.
(4) CITY agrees to pay BLUM the sum of $100.00
26 for appointments cancelled without the customary 24
27 hour notice.
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B. Manner of Compensation
(1) BLUM shall maintain and file with the Chief
Examiner a monthly record of services performed.
(2 )
The Chief Examiner shall submit a claim or
request for payment based on such record to the
Finance Department in such manner that BLUM shall be
paid monthly.
(3) BLUM shall assume and pay all out-of-pocket
expenses and costs of performing services under this
agreement except as otherwise specifically provided
herein, and CITY shall not be liable for any such
costs and expenses.
5. Amendments.
This agreement may be amended or modified only by
written agreement executed by both parties.
6. Assianment.
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.
7. Relationship Of Parties.
BLUM is acting as an independent contractor, and not
as an employee of the City. In the performance of personal
services pursuant to the provisions of this agreement, BLUM
shall not be supervised, directed, or under the control or
authority of any City officer or employee, except and to
the extent as may be expressly or implicitly required by
the terms and provisions of this agreement. Any direction
or control so required under this agreement shall be
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limited to broad objectives or goals of the project. or
program to be accomplished and not to the details and
procedures to accomplish such objectives or goals. BLUM
shall not be obligated to conform to the supervision or
direction of City officers or employees which are not
authorized herein.
Changes or modifications of said
objectives and goals may be made by written recommendations
of either party subject to the concurrence of the other
party in writing.
8. Indemnification. Defense. Hold Harmless.
BLUM hereby agrees to defend, indemnify and hold
harmless CITY, its officers and employees from and against
any and all liability, damages, costs, losses, claims and
expenses, however caused, arising from BLUM'S negligence
or willful misconduct in the performance of this Agreement
and also including any claims that may arise against CITY
by reason of BLUM'S legal relationship with CITY being
categorized as other than that of an independent
contractor.
Any concurrent negligence or willful
misconduct of CITY, its officers and employees shall in
no way diminish BLUM'S obligations hereunder.
9. Insurance.
BLUM shall provide to CITY evidence of insurance
covering BLUM and CITY as an additional insured as to any
potential liability to BLUM and CITY. The evidence to be
provided shall be a Certificate of Insurance describing the
coverage provided and naming CITY as an additional
insured. The insurance shall consist of the following:
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A. Workers' Compensation.
BLUM shall provide proof of workers'
compensation insurance coverage for all of its
employees pursuant to this agreement.
Evidence of
such insurance shall be furnished to City's Risk
Management Division prior to commencement of this
agreement.
B. Professional Liability Insurance.
Professional liability insurance covering the
professional services provided by BLUM, including
coverage for professional errors and omissions, in a
combined single limit of not less than $1,000,000.00
per person.
10. Attornevs' Fees.
In the event an action is filed by either party to
enforce rights under this agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees in
addition to any other relief granted by the court.
11. Termination of Aareement.
Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days advance
written notice of termination to the other party.
12. Notices.
24 Any notice required to be given hereunder shall be
25 deemed to have been given by depositing said notice in the
26 United States mail, postage prepaid, and addressed as
27 follows:
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CITY
BLUM
Chief Examiner
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dr. Lawrence Blum, Ph.D., Inc.
2101 E. 4th Street
Santa Ana, CA 92705
13. Entire Aareement.
This contract constitutes the entire agreement between
CITY and BLUM and may be modified only by further written
agreement between the parties.
IN WITNESS WHEREOF, this agreement has been executed by the
parties effective as of the date and year first above written.
ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California.
By:
City Clerk
W. R. Holcomb, Mayor
DR. LAWRENCE BLUM, Ph.D., INC.
By:
18 Dr. Lawrence Blum, Ph.D.
19 Approved as to form
and Legal Content:
20
JAMES F. PENMAN,
21 City Attorney
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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 Dapartmental
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.EX1
April 24, 1990
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