Loading...
HomeMy WebLinkAbout10- Civil Service CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION From: Mike Newbry, Chief Examiner Subject: Second Amendment to Agreement with Lawrence N. Blum Dept: Civil Service Ph.D. to conduct Psychological r ^ ' * Examinations for the City Date: March 14, 2000 0 t 6 . + /'1 Meeting Date: April 3, 2000 Synopsis of Previous Council Action: In July 1999, the Council approved a First Amendment to Agreement for Lawrence N. Blum, Ph.D. to provide Psychological Examinations for the City. Recommended Motion: Adopt Resolution Siiggn�at rre Contact person: Mike Npwhry phone: 5008 Chief Examiner Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) 001-141-5505 (Acct. Descries+orpr Professional Servce Finance: Council Notes: Agenda Item No. yl3l.?0W CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Second Amendment to Agreement with Lawrence N. Blum, Ph.D. to conduct Psychological examinations for the City of San Bernardino. This Amendment covers the period July 1, 2000 to June 30, 2001. Background: In May 1998, the Council approved an Agreement with Lawrence N. Blum, Ph.D. to conduct Psychological Examinations for the City of San Bernardino for the period April 1, 1998 through March 31, 1999, then in July 1999,the Council approved the First Amendment to Agreement to cover the period April 1, 1999 to June 30, 2000. This will be the last amendment to the agreement and will be going out to bid next year. The agreement consists of providing psychological examinations for the Police Department. This Amendment to Agreement represents no increase in cost to the City. Financial Impact: The funding source for these Agreements is account number 001-141-5505 from the Civil Service Department and the budgeted amount for this Agreement is $30,000. An exact amount cannot be placed since the amount expended depends upon the number of physical examinations conducted during the term of the Agreement. Recommendation: Adopt the Resolution. If this Amendment to Agreement is not approved, the City will not be able to complete the hiring process for new employees. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE 4 POLICE DEPARTMENT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said 8 City a Second Amendment to Agreement with Dr. Lawrence Blum 9 for the purpose of conducting psychological examinations for 10 the Police Department, copy of which is attached hereto, 11 marked Exhibit "A" , and incorporated herein by reference as 12 fully as though set forth at length. This amendment is 13 effective July 1, 2000 and terminates on June 30, 2001. 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 17 18 executed and no oral agreement relating thereto shall be implied or authorized. 19 SECTION 3 . The authorization to execute the above 20 21 referenced agreement is rescinded if the parties to the 22 agreement fail to execute it within sixty (60) days of the passage of this resolution. 23 24 / / / / 25 26 27 28 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH DR. 2 LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 2000, by the following vote, to wit: 7 8 COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN 9 ESTRADA 10 LIEN 11 MCGINNIS 12 SCHNETZ 13 SUAREZ 14 ANDERSON 15 MCCAMMACK 16 17 CITY CLERK 1$ The foregoing resolution is hereby approved this day of 2000 . 19 20 21 Judith Valles, Mayor City of San Bernardino 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 27 y: 28 2 2000-69 EXHIBIGT A .... AGREEMENT 2 HIS AGREEMENT is made and entered into at San Bernardino 3 California, this 3rd day of SP=il 2000, by and between 4 the CITY OF SAN BERNARDINO, a municipal corporation 5 hereinafter called "CITY" , and Dr. Lawrence Blum, Ph.D. , 6 Inc. , Clinical Psychologist, hereinafter referred to as 7 "BLUM" . 8 The parties agree as follows: 9 1. Scope of work: 10 A. At the discretion of the Chief of police and 11 the Chief Examiner, BLUM hereby agrees to perform the following services: 12 1. Perform pre-employment psychological 13 examinations and submit reports as requested by CITY. 14 2 . Perform fitness for duty examinations and 15 submit reports as requested by CITY. 16 3 . Provide court testimony as requested by CITY. 17 B. These services shall be provided pursuant to 18 the "Methods of Assessment in Examinations" and "Response and Report to the Chief Examiner" 19 provisions in Exhibit 1 and Exhibit 2, attached and incorporated herein by reference as though fully 20 set forth. 21 C. Each written report by BLUM shall be accompanied by an "Authorization for the Release of 22 Medical Information by a Provider of Health Care" in a form consistent with the provisions of 23 California Civil Code Section 56.11. 24 D. BLUM shall be available for consultation with respect to any of his examinations and reports and 25 shall submit supplemental reports as requested by CITY. 26 27 3 28 2000-69 j 2 . Term 2 The term of this agreement -shall commence on July 1, 2000, and terminate on June 30, 2001 . 3 3 . Option to Extend 4 Upon expiration of the term hereof, City shall have the 5 option to extend this agreement for a one year period upon the same terms and conditions. 6 4 . Provision for Payment 7 A. Rate of Compensation 8 (1) CITY agrees to pay BLUM the sum of 9 $200 .00 for each safety officer pre-employment psychological examination and $150 .00 for each 10 Police Dispatcher pre-employment psychological examination and report performed by BLUM at the 11 request of CITY. 12 (2) CITY agrees to pay BLUM the regular sum of $350.00 for each fitness for duty examination 13 and report performed by BLUM at the request of CITY, plus $100 . 00 per hour for any additional work 14 with prior approval by the Chief Examiner. 15 (3) CITY agrees to pay BLUM the sum of $80 .00 per hour for preparation and court testimony 16 performed by BLUM at the request of CITY upon reasonable notice. 17 (4) CITY agrees to pay BLUM the sum of 18 $100. 00 for appointments cancelled without the customary 24 hour notice. 19 B. Manner of Compensation 20 (1) BLUM shall maintain and file with the 21 Chief Examiner a monthly record of services performed. 22 (2) The Chief Examiner shall submit a claim 23 or request for payment based on such record to the Finance Department in such manner that BLUM shall 24 be paid monthly. 25 (3) BLUM shall assume and pay all out-of- pocket expenses and costs of performing services 26 under this agreement except as otherwise specifically provided herein, and CITY shall not be 27 liable for any such costs and expenses . 4 28 2000-69 1 5. Amendments 2 This agreement may be amended or modified only by 3 written agreement executed by both parties . 4 6 . Assignment 5 BLUM'S rights under this agreement shall not be assigned by BLUM to any other person, firm or corporation without 6 the prior written consent of the CITY. 7 7 . Relationship of Parties 8 BLUM is acting as an independent contractor, and not as an employee of the CITY. In their performance of 9 personal services pursuant to the provisions of this agreement, BLUM shall not be supervised, directed, or 10 under the control or authority of any City Officer or employee, except and to the extent as may be expressly 11 or implicitly required by the terms and provisions of this agreement . Any direction or control so required 12 under this agreement shall be limited to broad objectives or goals of the project or program to be 13 accomplished and not to the details and procedures to accomplish such objectives or goals . BLUM shall not be 14 obligated to conform to the supervision or direction of City officers or employees which are not authorized 15 herein. Changes or modifications of said objectives and goals may be made by written recommendations of either 16 party subject to the concurrence of the other party in 17 writing. 18 8 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS BLUM hereby agrees to defend, indemnify and hold 19 harmless CITY, its officers and employees from and against any and all liability, damages, costs, losses. 20 claims and expenses, however caused, arising from BLUM'S negligence or willful misconduct in the performance of 21 this agreement and also including any claims that may arise against CITY by reason of BLUM' S legal 22 relationship with CITY being categorized as other than that of an independent contractor. Any concurrent 23 negligence or willful misconduct of CITY, its officers and employees shall in no way diminish BLUM' S 24 obligations hereunder. 25 26 27 28 s 2000-69 1 9. Insurance 2 BLUM shall provide to CITY evidence of insurance covering BLUM and CITY as an additional insured as to 3 any potential liability to BLUM and CITY. The evidence to be provided shall be a Certificate of Insurance 4 describing the coverage provided and naming CITY as an additional insured. The insurance shall require the 5 City to be notified of any change or termination ten (10) days in advance, and shall consist of the 6 following: 7 A. Workers' Compensation 8 BLUM shall provide proof of workers' compensation 9 insurance coverage for all of its employees pursuant to this agreement. Evidence of such 10 insurance shall be furnished to City' s Risk Management Division prior to commencement of this 11 agreement. 12 B. Professional Liability Insurance 13 Professional liability insurance covering the professional services provided by BLUM, including 14 coverage for professional errors and omissions, in a combined single limit of not less than 15 $1, 000, 000 .00 per person. 16 10 . Attorneys ' Fees 17 In the event an action is filed by either party to enforce rights under this agreement, the prevailing 18 party shall be entitled to recover reasonable attorney' s fees in addition to any other relief granted by the 19 court. The costs, salary and expenses of the City Attorney and members of his office in enforcing this 20 agreement on behalf of the City shall be considered as 21 "attorney' s fees" for the purposes of this paragraph. 11. Termination of Agreement 22 Either party may terminate this agreement without cause 23 and for any reason by giving thirty (30) days advance 24 written notice of termination to the other party. //// 25 26 27 6 28 2000-69 1 12 . Notices 2 Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in 3 the United States mail, postage prepaid, and addressed as follows : 4 Chief Examiner Dr. Lawrence Blum ' 5 City of San Bernardino �4�DN. Inc. 300 North "D" Street Golden cl 1�,5 6 San Bernardino, CA 92418 to A 92705 7 13 . Entire Agreement 8 This agreement constitutes the entire agreement between CITY and BLUM and may be modified only by further 9 written agreement between the parties. VV 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7 28 2000-69 1 SECOND AMENDMENT TO AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. 2 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 j BY: an 10 City Clerk Q Valles, Mayor 11 12 LAWRENCE BLUM, Ph.D. 13 14 BY: Dr. Lawrence Blum, Ph.D. 15 16 Approve as to form 17 and Legal Content : 18 19 JAMES F. PENMAN, 20 City Atto • ey 21 22 BY: 23 24 / / / / 25 / / / / 26 / / / / 27 a 28 2000-69 j EXHIBIT 1 Police Officers 2 A. Methods of Assessment in �Examinations : 3 Two main methods will be used in examinations. They are 4 as follows: 5 1 . Use of structured clinical interviews performed with each candidate in either pre-employment or fitness for 6 duty examinations. Included in the interview will be both psychodiagnostic information used in assessment of 7 emotional, mental and behavioral stability; simulated case situations used in assessing response tendencies in 8 specified areas of police work. Of importance here is assessment of availability of internal resources the 9 officer has which will likely be used in order maintenance, crime suppression, or investigative areas 10 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 ability, and the candidate ' s ability to acknowledge areas needing 13 improvement; and finally ability to communicate assertively under differing conditions. 14 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 Psychological Inventory (CPI) . 17 B . Report to the Chief Examiner: 18 Pre-employment examinations: 19 Within two (2) weeks following completion of examinations a written report will be made to the Chief 20 Examiner which will document work relevant information, including justification for recommendations. Two 21 response categories will be provided: Pass or Fail . Dr. Blum shall directly contact only the Lieutenant in 22 charge of training of the San Bernardino Police Department, and shall communicate only as to his need 23 for data specific to the criteria used in A.1 above. 24 C. Report to the Chief of Police: 25 Fitness for Duty Examinations: These examinations shall include structured clinical 26 interviews, MMPI Examinations, and a review of Departmental records. Within two (2) weeks following 27 completion of examinations a written report will be made 9 28 2000-69 1 to the Chief of Police or Assistant Chief of Police which will document work relevant information, and set 2 forth a recommendation as to the potential for future rehabilitation of the employee. Where the doctor 3 determines that the employee is in a crisis situation, as determined by the doctor, an oral recommendation 4 shall be made to the Chief of Police on shorter notice to be followed immediately by a written confirmation. 5 D. Information obtained hereunder shall be released only as 6 provided in California Civil Code Section 56.10. All ratings, test results, and interview data shall be 7 maintained by Dr. Blum during the life of this agreement, Dr. Blum shall transfer such files to such 8 persons as the Chief Examiner shall advise him of in writing. Dr. Blum shall be entitled to recover his 9 costs of such transfer. 10 E. In the event of an administrative action or litigation involving a candidate's appeal of the screening process, 11 Dr. Blum will provide any testimony and documentation required to support the Department in hearings or suits 12 resulting in any way from recommendations arising from contracted evaluations. An additional fee will be 13 charged for each hour or preparation and testimony required. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 io 28 2000-69 j EXHIBIT 2 Police Dispatchers 2 Methods of Assessment in'Examinations: 3 Two main methods of assessment will be used in 4 examinations. They are as follows : 5 1 . Use of structured clinical interviews performed with each candidate in pre-employment examination. 6 Included in the interview will be information used in assessment of emotional, mental and behavioral 7 stability; and response tendencies in specific areas of interpersonal skills; cooperative--i .e. , team play, 8 self-initiative, decision making, ability and commitment to follow through on tasks, stability in the manner in 9 which they respond to problems, effective ability to express themselves, and willingness and ability to 10 conform their behavior and attitudes to the requirements of the work setting. 11 2 . Use of Psychological Test Instruments in 12 Examinations. Two personality profile tests will be administered to each candidate. They are the Minnesota 13 Multiphasic Personality Inventory (MMPI) and the California Psychological Inventory (CPI) . 14 B. Report to the Chief Examiner: 15 Pre-Employment Examinations: 16 Within two (2) weeks following completion of examinations a written report will be made to the Chief 17 Examiner which will document work relevant information, including justification for recommendations. Two 18 response categories will be provided: Pass of Fail. Dr. Blum shall not directly contact the San Bernardino 19 Police 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 25 forth a 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 27 shall be made to the Chief of Police on shorter notice 28 11 2000-69 1 to be followed immediately by a written confirmation. 2 Information obtained hereunder shall be released only as 3 provided in California Civil Code Section 56.10. All ratings, test results, and interview data shall be 4 maintained by Dr. Blum during the life of this agreement and any extensions thereof. Upon termination of this' 5 agreement, Dr. Blum shall transfer such files to such persons as the Chief Examiner shall advise him of in 6 writing. Dr. Blum shall be entitled to recover his costs of such transfer. 7 E. In the event of an administrative action or litigation 8 involving a candidate' s appeal of the screening process, Dr. Blum will provide any testimony and documentation 9 required to support the Department in hearings or suits resulting in any way from recommendations arising from 10 contracted evaluations. An additional fee will be charged for each hour of preparation and testimony 11 required. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 12 28