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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 2 3 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. 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1: The City Manager of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City Agreements with Dr. Lawrence Blum, Ph.D. and Dr. 10 Susan Saxe-Clifford, Ph.D. to provide pre-employment physicals and fitness for duty 11 psychological testing for San Bernardino Police and Fire Safety Personnel, copies of which are 12 attached hereto as Exhibit "A" and Exhibit "B" respectively. 13 SECTION 2: The Purchasing Manager is hereby authorized to issue Purchase Orders t 14 Dr. Lawrence Blum, Ph.D. and Dr. Susan Saxe-Clifford, Ph.D. for a total amount not to excee 15 $12,500 for each doctor for fiscal year 2008-2009 with two (2) one (1) year extensions at th 16 City's option. 17 SECTION 2: The authorization to execute the above mentioned agreements are 18 rescinded if the parties to the agreement fail to sign it within sixty (60) days of the passage of 19 this resolution. 20 21 III 22 III 23 III 24 III 25 III ;Do . ((0 1 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. 2 3 4 5 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: 8 9 COUNCILMEMBERS: 10 ESTRADA BAXTER AYES NA YES ABSTAIN ABSENT 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON MCCAMMACK 15 16 17 Rachel G. Clark, City Clerk 18 The foregoing resolution IS hereby approved this day of 19 ,2008. 20 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to form: 24 S F. PENMAN Attorney 25 HR/ Agenda ltems:Reso.BLUM.AND.SAXE-CLIFFORD.2008 PROFESSIONAL SERVICES AGREEMENT 2 3 4 5 6 7 8 9 10 11 12 13 14 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. 1 Exhibit "A" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2. 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 2 1 2 3 D. 4 3. TERM. 5 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 4. 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. 3 1 5. INSURANCE. 2 3 4 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 5 Workers' Compensation coverage in accordance with the laws of the State ofCalifomia. BLUM 6 shall maintain professional malpractice insurance for professional negligence, including errors, 7 8 9 10 11 12 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. 14 15 16 17 18 19 20 21 22 23 24 25 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, 13 6. 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. 4 8. INDEPENDENT CONTRACTOR. 2 BLUM shall perform work tasks provided by this Agreement, but for all intents and 3 pwposes BLUM shall be an independent contractor and not an agent or employee of the CITY. 4 BLUM shall secure, at its expense, and be responsible for any and all payment of Income Tax, 5 Social Security, State Disability Insurance Compensation, Unemployment Compensation, and 6 other payroll deductions for BLUM and its officers, agents, and employees, and all business 7 licenses, if any are required, in connection with the services to be performed hereunder. 8 9. NOTICES. 9 10 Any notice to be given pursuant to this Agreement shall be deposited with the United 11 States Postal Service, postage prepaid and addressed as follows: 12 TO THE CITY: 13 Linn Livingston, Human Resources Director 300 North "0" Street, 2nd Floor San Bernardino, CA 92418 Telephone: (909) 384-5161 14 15 TO THE VENDOR: 16 17 Dr. Lawrence Blum, Ph.D., Inc. 5182 Katella Avenue, #205 Los Alamitos, CA 90720 (626) 493-4655 18 19 20 10. ATTORNEYS' FEES 21 In the event that litigation is brought by any party in connection with this Agreement, 22 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 23 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 24 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 25 hereof. The costs, salary and expenses of the City Attorney and members of his office in 5 2 3 4 5 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 11. 6 attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a 7 breach of this Agreement and cause for the termination of this Agreement. Regardless of 8 9 10 11 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. 12 12. 13 VENUE. The parties hereto agree that all actions or proceedings arising in connection with this 14 15 16 17 18 19 20 21 22 23 24 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. 15. 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. 6 1 16. SEVERABILITY. 2 3 4 5 6 7 8 9 10 11 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. 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 23 III 24 III 25 III III 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 ATTEST: 4 5 Rachel Clark, City Clerk 6 7 8 9 Approved as to form: 10 11 By: 12 JAMES F. PENMAN 13 City Attorney 14 CITY OF SAN BERNARDINO Fred Wilson, City Manager Dr. Lawrence Blum, Ph.D., Inc. 15 16 17 18 19 20 21 22 23 24 25 8 PROFESSIONAL SERVICES AGREEMENT 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 2 2 3 4 5 6 7 8 9 10 11 12 13 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. 14 4. 15 INDEMNITY. SAXE-CLIFFORD agrees to and shall indemnify and hold the CITY, its elected 16 officials, employees, agents or representatives, free and harmless from all claims, actions, 17 damages and liabilities of any kind and nature arising from bodily injury, including death, or 18 property damage, based or asserted upon any actual or alleged act or omission of SAXE- 19 20 21 22 23 24 25 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 4 1 7. CONFIDENTIALITY. 2 SAXE-CLIFFORD understands and agrees that CITY, as a public entity, can maintain 3 SAXE-CLIFFORD's confidentiality only to the extent that doing so does not conflict with its 4 duties under the California Public Records Act, the Ralph M. Brown Act or any other 5 requirement oflaw, regulation, rule, or court or other government decision. 6 8. INDEPENDENT CONTRACTOR. 7 SAXE-CLIFFORD shall perform work tasks provided by this Agreement, but for all 8 9 intents and purposes, SAXE-CLIFFORD shall be an independent contractor and not an agent or 10 employee of the CITY. SAXE-CLIFFORD shall secure, at her expense, and be responsible for 11 any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, 12 Unemployment Compensation, and other payroll deductions for SAXE-CLIFFORD and her 13 officers, agents, and employees, and all business licenses, if any are required, in connection 14 with the services to be performed hereunder. 15 9. NOTICES. 16 Any notice to be given pursuant to this Agreement shall be deposited with the United 17 States Postal Service, postage prepaid and addressed as follows: 18 TO THE CITY: 19 20 21 22 TO THE VENDOR: 23 24 25 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 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 25 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 17. 18 of this Agreement. This Agreement may be modified or amended only by a written instrument 19 executed by all parties to this Agreement. 20 21 22 23 24 25 1// /1/ 1// 1// 1// 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 ATTEST: 4 5 Rachel Clark, City Clerk 6 7 8 9 Approved as to form: 10 II By: 12 JAMES F. PENMAN 13 City Attorney 14 15 16 17 18 19 20 21 22 CITY OF SAN BERNARDINO Fred Wilson, City Manager Dr. Susan Saxe-Clifford, Ph.D. 23 24 25 8 1 2 3 4 5 6 7 8 9 10 11 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: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of BLUM 13 to provide those products and services as follows: 12 14 A. 15 16 17 18 19 20 21 22 B. 23 24 25 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2. 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 2 1 2 3 D. 4 TERM. 3. 5 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. 6 7 8 9 10 11 12 13 14 15 16 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. 4. 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 17 damage was actually caused by the sole negligence of the CITY, its elected officials, 18 employees, agents or representatives. As part of the foregoing indenmity, BLUM agrees to 19 20 21 22 23 24 25 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. 3 5. INSURANCE. 2 3 4 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 5 Workers' Compensation coverage in accordance with the laws of the State of California. BLUM 6 shall maintain professional malpractice insurance for professional negligence, including errors, 7 8 9 10 11 12 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. 13 6. NON-DISCRIMINATION. 14 15 16 17 18 19 20 21 22 23 24 25 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. 4 8. INDEPENDENT CONTRACTOR. 2 BLUM shall perform work tasks provided by this Agreement, but for all intents and 3 purposes BLUM shall be an independent contractor and not an agent or employee of the CITY. 4 BLUM shall secure, at its expense, and be responsible for any and all payment of Income Tax, 5 Social Security, State Disability Insurance Compensation, Unemployment Compensation, and 6 other payroll deductions for BLUM and its officers, agents, and employees, and all business 7 licenses, if any are required, in connection with the services to be performed hereunder. 8 9. NOTICES. 9 10 Any notice to be given pursuant to this Agreement shall be deposited with the United 11 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 19 20 10. ATTORNEYS' FEES 21 In the event that litigation is brought by any party in connection with this Agreement, 22 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 23 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 24 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 25 hereof. The costs, salary and expenses of the City Attorney and members of his office in 5 1 2 3 4 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. BLUM shall not voluntarily or by operation of law, assign, transfer, sublet or encumber 5 all or any part of BLUM's interest in this Agreement without CITY's prior written consent. Any 6 attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a 7 8 9 10 11 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. 12 12. 13 VENUE. The parties hereto agree that all actions or proceedings arising in connection with this 14 15 16 17 18 19 20 21 22 23 24 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. 15. 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. 6 2 3 4 5 6 7 8 9 10 11 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 16. 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. 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 23 III 24 III 25 III III 7 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 ATTEST: 4 5 Rachel Clark, City Clerk 6 7 8 9 Approved as to form: 10 11 "? ~"H~~c.... 12 SF. PENMAN 13 Y Attorney 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF SAN BERNARDINO Fred Wilson, City Manager Dr. Lawrence Blum, Ph.D., Inc. 8