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HomeMy WebLinkAbout21-Civil Service ijJf~''''.-." . CITY OF SAN BERIClRDINO - REQUEST DR COUNCIL ACTION From: H. Doug Chandler Chief Examiner Dept: Civil Service Subject: Renew Agreement wi th Dr. Lawrence B1 urn to conduct Psychological Examinations for the Police Department. Date: August 7, 1991 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. Recommended motion: Adopt Resolution. Contact person: H. DouQ Chand1 er Supporting data attached: Reso 1 uti on and Aareement Phone: 5008 Ward: FUNDING REQUIREMENTS: Amount: ~23.000 Source: IAcct. No.) 001-108-53060 (Acct. DescriDtion) Med i ca 1 Exams. Finance: i)jZ A Council Notes: Aoenda Item No !ll 1 - - - w - CITY OF SAN SBRtARDINO - RBQUBST ~R COUNCIL ACTION STAFF REPORT Attached is a resolution and agreement for 1991 and ending March 31, 1992, for Dr. provide psychological examinations for the period March 20, Lawrence Blum to police Department. In March, 1990, administration of this contract was trans- ferred from the police Department to the civil Service Chief Examiner. This agreement was not submitted prior to March 1991 due to an oversight on the part of the previous Chief Examiner. This resolution brings this agreement up to date. I. I 75-0264 - .;1 .L a - . II - - SOLUTION NO. o 1 2 3 4 S RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPART- MENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino 6 is hereby authorized and directed to execute on behalf of 7 said city an agreement with Dr. Lawrence Blum for the pur- 8 pose of conducting psychological examinations for the 9 Police Department, copy of which is attached hereto, 10 marked Exhibit "A", and incorporated herein by reference 11 as fully as though set forth at length. This agreement is 12 effective March 20, 1991 and terminates on March 31, 1992. 13 This agreement shall not take effect SECTION 2. 14 until fully signed and executed by all parties. The City 15 shall not be obligated hereunder unless and until the 16 agreement is fully executed and no oral agreement relating 17 thereto shall be implied or authorized. 18 SECTION 3. The authorization to execute the above 19 referenced agreement is rescinded if the parties to the 20 agreement fail to execute it within sixty (60) days of 21 the passage of this resolution. 22 I HEREBY CERTIFY that the foregoing resolution was 23 duly adopted by the Mayor and Common Council of the City 24 2S of San Bernardino at a thereof, held on the day of , 1991, by the following vote, 26 to wit: 27 IIII 28 IIII I I I I 1 1 2 3 ~ o o RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DE- PARTMENT. 4 to wit: day of , 1991, by the following vote 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 COUNCIL MEMBERS: ~ HAm ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER city Clerk The foregoing resolution is hereby approved this day of , 1991. W.R. Holcomb, Mayor city of San Bernardino 21 Approved as to form and legal content: JAMES F. PENMAN City Attorney / . i 2 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 26 27 28 - - - u .l.. w o o AGRBBKERT This agreement, made and entered into at San Bernardino, california, this day of , 1991, by and between the city of San Bernardino, a municipal corporation (hereinafter referred to as "CITY"), and Dr. Lawrence Blum, Ph.D., Inc., Clinical Psychologist (hereinafter referred to as "BLUM"). CITY and BLUM agree as follows: 1. SCODe of work: A. BLUM hereby agrees to perform the following services: 1. Perform pre-employment psychological exam- inations 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 be accompanied by an "Authorization for the Release of Medical Informa- tion by a Provider of Health Care" in a form consistent with the provisions of California Civil Code Section 56.11. 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, 1991, and terminate on March 31, 1992. 3 . ontion 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. 1 - m.. - iii II w . o o 1 4. provision for Pavment. 2 3 4 A. Rate of Compensation 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (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 for appointments cancelled without the customary 24 hour notice. B. Manner of Compensation (1) BLUM shall maintain and file with the Chief Examiner a monthly record of services performed. I , (2) The Chief Examiner shall submit a claim or i request for payment based on such record to the Finance I Department in such manner that BLUM shall be paid month- i ly. I (3) BLUM shall assume and pay all out-of-pocket expenses and costs of performing services under this agreement except as otherwise specifically provided here- in, 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. 22 23 24 2S 26 27 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. Relationshin of Parties. 28 BLUM is acting as not as an employee of the personal services pursuant reement, BLUM shall not be an independent contractor, and CITY. In the performance of to the provisions of this ag- supervised, directed, or under 2 I. . o o 1 2 3 4 the control or authority of any City Officer or employee, except and to the extent as may be expressly or implic- itly required by the terms and provisions of this agree- ment. Any direction or control so required under this agreement shall be 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 supervison or direction of City officers or employees which are not authorized herein. Changes or modifica- tions of said objectives and goals may be made by written recommendations of either party subject to the concur- rence of the other party in writing. s. 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 in- dependent contractor. Any concurrent negligence or will- ful misconduct of CITY, its officers and employees shall in no way diminish BLUM'S obligations hereunder. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: A. Workers' compensation. BLUM shall provide proof of workers' compensa- tion insurance coverage for all of its employees pursuant to this agreement. Evidence of such insur- ance shall be furnished to city's Risk Management Division prior to commencement of this agreement. 25 26 27 28 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. 3 L -1 o o 1 2 3 4 5 6 7 8 9 10 11 12 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 reasonble 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 ad- vance written notice of termination to the other party. 12. Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United states mail, postage prepaid, and addressed as follows: 13 14 15 16 CITY Chief Examiner city of San Bernardino 300 North "0" Street San Bernardino, CA 92418 BLUM Dr. Lawrence Blum Ph.D. , Inc. 2101 E. 4th Street Santa Ana, CA 92705 13. Entire Aareement. I I agreement I by further I This contract constitutes the entire between CITY and BLUM and may be modified only written agreement between the parties. 17 IIII 18 I I I I 19 I I I I 20 IIII 21 I I I I 22 IIII 23 IIII 24 IIII 2S IIII 26 IIII 27 28 Hoc/hjc March 20, 1991 4 ,-,,'-,'~<.-.,,-- 1 2 3 4 5 6 7 8 9 10 AN AGREEMEQ WITH EXAMINATIONS FOR THE . ~ - DR. LAWRENCE BLUMQO POLICE DEPARTMENT. CONDUCT PSYCHOLOGICAL IN WITNESS WHEREOF,this agreement has been executed by the parties effective as of the date and year above written. ATTEST: City Clerk CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California BY: W. R. Holcomb, Mayor DR. LAWRENCE BLUM, Ph.D. By: 11 Dr. Lawrence Blum, Ph.D. 12 Approve as to form and Legal Content: 13 14 15 16 17 18 19 20 21 22 23 24 25 JAMES F. PENMAN, City Attorney n . p By{r~ 1.o~ HDC/hjc 26 March 20, 1991 STAR-DRBLUM1 27 28 5 \.- o EXHIBIT 1 c ., 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: Wi thin two (2) weeks following COIIpletion 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: PaS8 or Fail. Dr. B1UII 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 d,ta 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 Departmental records. Within two (2) weeks following completion of examinstions a written report will be .ade to the Chief of police or Assistant Chief of pOlice which will docUll8Ot work relevant information, and set forth a recommendation as to the potential for future rehabilitation of the JFW\bg\BLUM2.BXl April 24, 1990 1 .' o 0 employee. Where the doctor determine. 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.EXl April 24, 1990 2