HomeMy WebLinkAbout27- Civil Service CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: H. Doug Chandler Subject: Amendment to Agreement with Dr. Lawrence
Chief Examiner Blum to conduct Psychological Examinations for
Dept: Civil Service '% the Police Department
v Vil WHIL
Date: October 8, 1997
Synopsis of Previous Council action:
On May 20, 1996, the Council approved an agreement for Dr. Lawrence Blum to conduct
Psychological Examinations for the Police Department.
OCT 0 9 1997
Recommended motion:
Adopt Resolution
/ C ccc
Signature
Contact person: H Doug Chandler Phone: 5008
Supporting data attached: Amendment Ward:
FUNDING REQUIREMENTS: Amount: $10,000
Source: (Acct No.) 001-141-5505
Acct. Description) Medical Examinations
Finance:
Council Notes:
Res 97- 3�9'
8/3 rJ
75-0262 Agenda Item NoO27
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Dr. Blum's agreement with the City to provide psychological
examinations for the Police Department has been in effect since
April 1, 1993 .
Due to an administrative oversight, this amendment was not provided
in April, 1997, for Council action. There has been no interruption
of service on the part of Dr. Blum and all payments for services
rendered have been made.
Attached is an amendment to the agreement covering the period April
1, 1997 through March 31, 1998, for Dr. Lawrence Blum to provide
psychological examinations for the Police Department.
It is important that the person who performs the psychological
evaluations for the Police Department knowsthe needs of the agency
and the requirements of our diverse community, as well as what the
departments efforts are concerning the hiring process for police
officers. Dr. Blum has worked very effectively with the Police
Department since 1993 and knows very well what the needs of the
department and the community are. Dr. Blum personally presents
lectures pertaining to what police officers should look for in the
community; he also briefs selection board members on what they
should look for in selecting police officers from a list of
eligible candidates.
The Police Department has a very positive working relationship with
Dr. Blum and he in turn provides a most valuable service to the
department and to the City. For these reasons this contract has
not been put out for bids since 1993 .
This amendment to the agreement represents no increase in cost to
the City.
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2 EXHIBIT A
THIRD AMENDMENT TO AGREEMENT
3 THIS THIRD AMENDMENT TO THE AGREEMENT is made and entered
4 into at San Bernardino California, this day of
5 1997, by and between the CITY OF SAN BERNARDINO, a municipal
6 corporation hereinafter called "CITY", and Dr. Lawrence Blum,
7 Ph.D. , Inc. , Clinical Psychologist, hereinafter referred to as
8 "BLUM"
9 The parties agree as follows:
10 1. Scope of work:
11 A. BLUM hereby agrees to perform the following
12 services:
13 1. Perform pre-employment psychological
examinations and submit reports as requested by
14 CITY.
15 2. Perform fitness for duty examinations and
submit reports as requested by CITY.
_16 3. Provide court testimony as requested by
17 CITY.
18 B. These services shall be provided pursuant to
the "Methods of Assessment in Examinations" and "Response
19 and Report to the Chief Examiner" provisions in Exhibit
1 and Exhibit 2, attached and incorporated herein by
' 20 reference as though fully 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 California Civil
23 Code Section 56.11.
24 D. BLUM shall be available for consultation with
respect to any of his examinations and reports and shall
25 submit supplemental reports as requested by CITY.
26 2. Term
27 The term of this agreement shall commence on April
1, 1997, and terminate on March 31, 1998.
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2 3. Option to Extend
3 Upon expiration of the term hereof, City shall have
the option to extend this agreement for a one year period
4 upon the same terms and conditions.
5 4. Provision for Payment
6 A. Rate of Compensation
7 (1) CITY agrees to pay BLUM the sum of $200.00
for each safety officer pre-employment psychological
8 examination and $150. 00 for each Police Dispatcher pre-
employment psychological examination and report performed
9 by BLUM at the request of CITY.
10 (2) CITY agrees to pay BLUM the regular sum of
$400.00 for each fitness for duty examination and report
11 Performed by BLUM at the request of CITY, plus $100.00
per hour for any additional work with prior approval by
12 the Chief Examiner.
13 (3) CITY agrees to pay BLUM the sum of $100.00
per hour for preparation and court testimony performed by
14 BLUM at the request of CITY upon reasonable notice.
15 (4) CITY agrees to pay BLUM the sum of $100.00
for appointments cancelled without the customary 24 hour
_ 16 notice.
17 B. Manner of Compensation
18 (1) BLUM shall maintain and file with the
Chief Examiner a monthly record of services performed.
19
(2) The Chief Examiner shall submit a claim or
20 request for payment based on such record to the Finance
Department in such manner that BLUM shall be paid
21 monthly.
22 (3) BLUM shall assume and pay all out-of-
pocket expenses and costs of performing services under
23 this agreement except as otherwise specifically provided
herein, and CITY shall not be liable for any such costs
24 and expenses.
25 5. Amendments
26 This agreement may be amended or modified only
by written agreement executed by both parties.
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2 6. Assignment
3 BLUM'S rights under this agreement shall not be
assigned by BLUM to any other person, firm or corporation
4 without the prior written consent of the CITY.
5 7. Relationship of Parties
6 BLUM is acting as an independent contractor, and not
as an employee of the CITY. In their performance of
7 personal services pursuant to the provisions of this
agreement, BLUM shall not be supervised, directed, or
8 under the control or authority of any City Officer or
employee, except and to the extent as may be expressly or
9 implicitly required by the terms and provisions of this
agreement. Any direction or control so required under
10 this agreement shall be limited to broad objectives or
goals of the project or program to be accomplished and
11 not to the details and procedures to accomplish such
objectives or goals. BLUM shall not be obligated to
12 conform to the supervision or direction of City officers
or employees which are not authorized herein. Changes or
13 modifications of said objectives and goals may be made by
written recommendations of either party subject to the
14 concurrence of the other party in writing.
15 8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
_16 BLUM hereby agrees to defend, indemnify and hold
harmless CITY, its officers and employees from and
17 against any and all liability, damages, costs, losses.
claims and expenses, however caused, arising from BLUM'S
18 negligence or willful misconduct in the performance of
this agreement and also including any claims that may
19 arise against CITY by reason of BLUM'S legal relationship
with CITY being categorized as other than that of an
20 independent contractor. Any concurrent negligence or
willful misconduct of CITY, its officers and employees
21 shall in no way diminish BLUM'S obligations hereunder.
22 9 . Insurance
23 BLUM shall provide to CITY evidence of insurance
covering BLUM and CITY as an additional insured as to any
24 potential liability to BLUM and CITY. The evidence to be
provided shall be a Certificate; of Insurance describing
25 the coverage provided and naming CITY as an additional
insured. The insurance shall require the City to be
26 notified of any change or termination ten (10) days in
advance, and shall consist of the following:
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2 A. Workers' Compensation
3 BLUM shall provide proof of workers'
compensation insurance coverage for all of its
4 employees pursuant to this agreement. Evidence of
such insurance shall be furnished to City's Risk
5 Management Division prior to commencement of this
agreement.
6 B. Professional Liability Insurance
7 Professional liability insurance covering the
8 professional services provided by BLUM, including
coverage for professional errors and omissions, in
9 a combined single limit of not less than
$1,000, 000.00 per person.
10 10. Attorneys' Fees
11 In the event an action is filed by either party to
12 enforce rights under this agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees
13 in addition to any other relief granted by the court. The
costs, salary and expenses of the City Attorney and
14 members of his office in enforcing this contract on
behalf of the City shall be considered as "attorney's
15 fees" for the purposes of this paragraph.
_16 11. Termination of Agreement
17 Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days
18 advance written notice of termination to the other party.
19 12. Notices
20 Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in
21 the United States mail, postage prepaid, and addressed as
follows:
22 Chief Examiner Dr. Lawrence Blum
23 City of San Bernardino Ph.D. , Inc.
300 North "D" Street 540 N. Golden Circle Dr. #115
24 San Bernardino, CA 92418 Santa Ana, CA 92705
25 13. Entire Agreement
26 This contract constitutes the entire agreement
between CITY and BLUM and may be modified only by further
27 written agreement between the parties.
28 /
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1
2 AN AGREEMENT WITH DR. LAWRENCE BLUM 71O CONDUCT PSYCHOLOGICAL
EXAMINATIONS FOR THE POLICE DEPARTMENT.
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4
IN WITNESS WHEREOF, this agreement has been executed
5 by the parties effective as of the date and year above
6 written.
7 CITY OF SAN BERNARDINO, a
Municipal Corporation of
8 the State of California
ATTEST:
9
10
BY:
11 City Clerk Tom Minor, Mayor
12
13 DR. LAWRENCE BLUM, Ph.D.
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15 BY: —
Dr. Lawrence Blum, Ph.D.
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Approve as to form
18 and Legal Content:
19
20 JAMES F. PENMAN,
21 City Attorney
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BY:
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EXHIBIT 1
Police Officers
3 A. Methods of Assessment in Examinations:
4
Two main methods will be used in examinations. They are
5 as follows:
6 1. Use of structured clinical interviews performed with each
candidate in either pre-employment or fitness for duty
7 examinations. Included in the interview will be both
psychodiagnostic information used in assessment of
8 emotional, mental and behavioral stability; simulated
case situations used in assessing response tendencies in
j 9 specified areas of police work. Of importance here is
assessment of availability of internal resources the
10 officer has which will likely be used in order
maintenance, crime suppression, or investigative areas of
11 police work; aspects of the candidate's past life
experiences which will be influential in his/her dealing
12 with subjects, suspects, and other police personnel,
especially command; strengths and weaknesses in the
13 candidate's personality, experience, and ability, and the
candidate's ability to acknowledge areas needing
14 improvement; and finally ability to communicate
assertively under differing conditions.
15 2. Use of Psychological Test Instruments in Examinations.
16 Two personality profile tests will be administered to
each candidate. They are the Minnesota Multiphasic
17 Personality Inventory (MMPI) and the California
Psychological Inventory (CPI) .
18
B. Report to the Chief Examiner:
19
Pre-employment examinations:
20 Within two (2) weeks following completion of examinations
a written report will be made to the Chief Examiner which
21 will document work relevant information, including
justification for recommendations. Two response
22 categories will be provided: Pass or Fail. Dr. Blum
shall directly contact only the Lieutenant in charge of
23 training of the San Bernardino Police Department, and
shall communicate only as to his need for data specific
24 to the criteria used in A. 1 above.
25 C. Report to the Chief of Police:
26 Fitness for Duty Examinations:
These examinations shall include structured clinical
27 interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
28 completion of examinations a written report will be made
to the Chief of Police or Assistant Chief of Police which
1
2 will document work relevant information, and set forth a
recommendation as to the potential for future
3 rehabilitation of the employee. Where the doctor
determines that the employee is in a crisis situation, as
4 determined by the doctor, an oral, recommendation shall be
made to the Chief of Police on shorter notice to be
5 followed immediately by a written confirmation.
6 D. Information obtained hereunder shall be released only as
provided in California Civil Code Section 56.10. All
7 ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this agreement,
8 Dr. Blum shall transfer such files to such persons as the
Chief Examiner shall advise him of in writing. Dr. Blum
9 shall be entitled to recover his 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.
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2 EXHIBIT 2
Police Dispatchers
3 A. Methods of Assessment in Examinations:
4
Two main methods of assessment will be used in
5 examinations. They are as follows:
6 1. Use of structured clinical interviews performed with
each candidate in pre-employment: examination. Included
7 in the interview will be information used in assessment
of emotional, mental and behavioral stability; and
8 response tendencies in specific areas of interpersonal
skills; cooperative--i.e. , team play, self-initiative,
9 decision making, ability and commitment to follow through
on tasks, stability in the manner in which they respond
10 to problems, effective ability to express themselves, and
willingness and ability to conform their behavior and
11 attitudes to the requirements of the work setting.
12 2 . Use of Psychological Test Instruments in
Examinations. Two personality profile tests will be
13 administered to each candidate. They are the Minnesota
Multiphasic Personality Inventory (MMPI) and the
14 California Psychological Inventory (CPI) .
15 B. Report to the Chief Examiner:
_16 Pre-Employment Examinations:
Within two (2) weeks following completion of examinations
17 a written report will be made to the Chief Examiner which
will document work relevant information, including
18 justification for recommendations. Two response
categories will be provided: Pass of Fail. Dr. Blum
19 shall not directly contact the San Bernardino Police
Department regarding the examination of any person for
20 employment with that department.
21 C. Report to the Chief of Police:
22 Fitness-for-duty examinations:
These examinations shall include structured clinical
23 interviews, MMPI Examinations, and a review of
Departmental records. Within two (2) weeks following
24 completion of examinations a written report will be made
to the Chief of Police or Assistant Chief of Police which
25 will document work relevant information, and set forth a
recommendation as to the potential for future
26 rehabilitation of the employee. Where the doctor
determines that the employee is in a crisis situation, as
27 determined by the doctor, an oral recommendation shall be
made to the Chief of Police on shorter notice to be
28 followed immediately by a written confirmation.
1
2 D. Information obtained hereunder shall be released only as
provided in California Civil Code section 56.10. All
3 ratings, test results, and interview data shall be
maintained by Dr. Blum during the life of this agreement
4 and any extensions thereof. Upon termination of this
agreement, Dr. Blum shall transfer such files to such
5 persons as the Chief Examiner shall advise him of in
writing. Dr. Blum shall be entitled to recover his costs
6 of such transfer.
7 E. In the event of an administrative action or litigation
involving a candidate's appeal of the screening process,
8 Dr. Blum will provide any testimony and documentation
required to support the Department in hearings or suits
9 resulting in any way from recommendations arising from
contracted evaluations. An additional fee will be
10 charged for each hour of preparation and testimony
required.
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