HomeMy WebLinkAbout18-Civil Service
CITY OF SAN BERIARDINO - REQUEST90R COUNCIL ACTION
From: H. Doug Chandler, Chief Examiner
Subject:
Renew agreement with Dr. Lawrence
Blum to conduct Psychological
Examinations for the Police
Department
Dept: Civil Service
Date: May 28, 1992
Synopsis of Previous Council ection:
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. Doug Chandler
Supporting data attached: Resolution and Agreement
Phone: 5008
Ward:
FUNDING REQUIREMENTS:
Amount: 28,800
So (A N ) 001-108-53060
urea: cct. o.
(Acct. Descriotion) Medical Exams
Finance:
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Council Notes:
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CITY OF SAN BERARDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
Dr. Blum's aqreement with the City to provide psycholoqical
examinations for the Police Department has been in effect since
October 3, 1988. The costs for his services for the most part have
held constant and there will be no increase this year for Dr.
Blum's services.
Attached is a resolution and aqreement for the period April 1, 1992
and endinq March 31, 1993, for Dr. Lawrence Blum to provide
psycholoqical examinations for the Police Department.
75-0264
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT
PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
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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 is
hereby authorized and directed to execute on behalf of said
8 City an agreement with Dr. Lawrence Blum for the purpose of
9 conducting psychological examinations for the Police
10 Department, copy of which is attached hereto, marked Exhibit
i1 hAil, and incorporated herein by reference as fully as though
12 set forth at length. This agreement is effective April 1,
13 1992 and terminates on March 31, 1993.
14 SECTION 2. This agreement shall not take affect until
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fully signed and executed by all parties. The City shall not
be obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be
implied or authorized.
SECTION 3. The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a meeting thereof, held on the
day of , 1992, by the following vote, to wit:
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RESOLUTION TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE BLUM TO
2 CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT.
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COUNCIL MEMBERS:
ADS.
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ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERl(
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The foregoing resolution is hereby approved this
day of , 1992.
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form and legal content:
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W.R. HolCOmb, Mayor
City of San Bernardino
JAMES F. PENMAN
City Attorney
By::t-f P_____
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1 EXHIBIT A
2 AGREEMENT
3 THIS AGREEMENT is made and entered into at San Bernardino
4 California, this day of , 1992, by and
5 between the CITY OF SAN BERNARDINO, a municipal corporation
6 hereinafter called "CITY", and Dr. Lawrence Blum, Ph.D., Inc.,
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Clinical Psychologist, hereinafter referred to as "BLUM".
The parties agree as follows:
1.
ScoDe of work:
A.
services:
BLUM hereby agrees to perform the following
1. Perform
examinations and
CITY.
pre-employment psychological
submit reports as requested by
2. Perform fitness for duty examinations and
submit reports as requested by CITY.
3.
CITY.
Provide court testimony as requested by
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 Information 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. ~
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The term of this agreement is for a period of one
year. This agreement shall commence on April 1, 1992,
and terminate on March 31, 1993.
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3. ODtion to Extend
Upon expiration of the term hereof, City shall have
the option to extend this aqreement for a one year period
upon the same terms and conditions.
4. Provision for PaYment
A. Rate of Compensation
(1) CITY aqrees to pay BLUM the sum of $200.00
for each pre-employment psycholoqical examination and
report performed by BLUM at the request of CITY.
(2) CITY aqrees to pay BLUM the reqular 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 aqrees 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 aqrees 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.
(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 performinq services under
this aqreement except as otherwise specifically provided
herein, and CITY shall not be liable for any such costs
and expenses.
5. Amendments
This aqreement may be amended or modified only
by written aqreement executed by both parties.
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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.
Relationshin of Parties
BLUM is acting as an independent contractor, and not
as an employee of the CITY. In their 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 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.
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
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 coveraqe for all of its
employees pursuant to this aqreement. Evidence of
such insurance shall be furnished to City's Risk
Manaqement Division prior to commencement of this
aqreement.
B. Professional Liability Insurance
Professional liability insurance coverinq the
professional services provided by BLUM, includinq
coveraqe for professional errors and omissions, in
a combined sinqle 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 riqhts under this aqreement, the prevailinq party
shall be entitled to recover reasonable attorney's fees
in addition to any other relief qranted by the court.
11. Termination of Aareement
Either party may terminate this aqreement without
cause and for any reason by qivinq thirty (30) days
advance written notice of termination to the other party.
12. Not.ices
Any notice required to be qiven hereunder shall be
deemed to have been qiven by depositinq said notice in
the United states mail, postaqe prepaid, and addressed as
follows:
Chief Examiner
City of San Bernardino
300 North "0" street
San Bernardino, CA 92418
Dr. Lawrence Blum
Ph.D., Inc.
540 N. Golden Circle Dr.f15
Santa Ana, CA 92705
13. Entire Aareement
This contract constitutes the entire aqreement
between CITY and BLUM and may be modified only by further
written aqreement between the parties.
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1 AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL
· EXAMINATIONS FOR THE POLICE DEPARTMENT.
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4 by the parties effective as of the date and year above
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IN WITNESS WHEREOF, this agreement has been executed
written.
ATTEST:
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BY:
City Clerk
BY:
JAMES F. PENMAN,
city Attorney
BY:
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CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
W. R. Holcomb, Mayor
DR. LAWRENCE BLUM, Ph.D.
Dr. Lawrence Blum, Ph.D.
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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 assessinq 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 investiqative
areas of police work; aspects of the candidate's past life
experiences which will be influential in his/her dealinq with
subjects, suspects, and other police personnel, especially
command; strenqths and weaknesses in the candidate's
personality, experience, and ability, and the candidate's
ability to acknowledqe areas needinq improvement; and finally
ability to communicate assertively under differinq conditions.
2. Use of Psycholoqical 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 Psycholoqical Inventory
(CPI).
B. Report to the Chief Examiner:
Pre-employment examination:
Within two (2) weeks followinq completion of examinations a
written report will be made to the Chief Examiner which will
document work relevant information, includinq justification
for recommendations. Two response cateqories will be
provided: Pass or Fail. Dr. Blum shall directly contact only
the Lieutenant in charqe of traininq 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 Departmental
records. Within two (2) weeks followinq 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 employee. Where
the doctor determines that the employee is in a crisis
situation, as determined by the doctor, an oral recommendation
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shall be made to the Chief of Police on shorter notice to be
followed immediately by a written confirmation.
Information gathered 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.
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.
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