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HomeMy WebLinkAbout14- Civil Service C.J CwTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: H. Doug handeeA Subject:Amendment to A tLeemevtt with DtL. LawAenee Chie6 ExaminvL � � S.eum to conduct Ps ychoto 9 icat Examinatio" Dept: Civic Setcvice 6otc the Ponce Depa ttment Date: May 8, 1996 Synopsis of Previous Council action: On ApAit 17, 1995, the Councii apptcoved an agreement 6otL DA. LawtLenee Btum to conduct P,s ychotogicat Examinati-onz 4otL the Potiee Department. Recommended motion: Adopt Ruotution ignature Contact person: _ H-_Drm4 Chand.Qeh Phone: 50gg Supporting data attached: Amendment Ward: FUNDING REQUIREMENTS: Amount: $23,000 Source: 001-141-550; Medicat Examinatio" Finance: Council Notes:_� a_a 'fir SS.2 C-- � 75-0262 Res �� J/� Agenda Item No. / 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 . Attached is an amendment to the agreement covering the period April 1, 1996 through March 31, 1997, for Dr. Lawrence Blum to provide psychological examinations for the Police Department. This amendment to the agreement represents no increase in cost to the City. 75-0264 1 EXHIBIT A 2 SECOND AMENDMENT TO AGREEMENT 3 THIS SECOND AMENDMENT TO THE AGREEMENT is made and entered into at San Bernardino California, this day of 4 5 1996, 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 "BLUM" . 8 9 The parties agree as follows: 1. Scope of work: 10 A. BLUM hereby agrees to perform the following 11 services: 12 1. Perform pre-employment psychological examinations and submit reports as requested by 13 CITY. 14 2 . Perform fitness for duty examinations and 15 submit reports as requested by CITY. 16 CITY.3. Provide court testimony as requested by 17 B. These services shall be provided pursuant to the "Methods of Assessment in Examinations" and "Response 18 and Report to the Chief Examiner" provisions in Exhibit 1 and Exhibit 2, attached and incorporated herein by 19 reference as though fully set forth. 20 C. Each written report by BLUM shall be accompanied by an "Authorization for the Release of 21 Medical Information by a Provider of Health Care" in a form consistent with the provisions of California Civil 22 Code Section 56.11. 23 D. BLUM shall be available for consultation with respect to any of his examinations and reports and shall 24 submit supplemental reports as requested by CITY. 25 2. Term 26 The term of this agreement shall commence on April 27 1, 1996, and terminate on March 31, 1997. g 28 / / / / 1 3 . Option to Extend 2 Upon expiration of the term hereof, City shall have the option to extend this agreement for a one year period 3 upon the same terms and conditions. 4 4 . Provision for Payment 5 A. Rate of Compensation 6 (1) CITY agrees to pay BLUM the sum of $200. 00 for each safety officer pre-employment psychological 7 examination and $150. 00 for each Police Dispatcher pre- employment psychological examination and report performed 8 by BLUM at the request of CITY. 9 (2) CITY agrees to pay BLUM the regular sum of $400.00 for each fitness for duty examination and report 10 performed by BLUM at the request of CITY, plus $100. 00 per hour for any additional work with prior approval by ij the Chief Examiner. 12 (3) CITY agrees to pay BLUM the sum of $100.00 per hour for preparation and court testimony performed by 13 BLUM at the request of CITY upon reasonable notice. 14 (4) CITY agrees to pay BLUM the sum of $100. 00 for appointments cancelled without the customary 24 hour 15 notice. 16 B. Manner of Compensation 17 (1) BLUM shall maintain and file with the 18 Chief Examiner a monthly record of services performed. (2) The Chief Examiner shall submit a claim or 19 request for payment based on such record to the Finance Department in such manner that BLUM shall be paid 20 monthly. 21 (3) BLUM shall assume and pay all out-of- pocket expenses and costs of performing services under 22 this agreement except as otherwise specifically provided herein, and CITY shall not be liable for any such costs 23 and expenses. 24 5. Amendments 25 This agreement may be amended or modified only 26 by written agreement executed by both parties. 27 2 28 1 6. Assignment 2 BLUM'S rights under this agreement shall not be assigned by BLUM to any other person, firm or corporation 3 without the prior written consent of the CITY. 4 7. Relationship of Parties 5 BLUM is acting as an independent contractor, and not as an employee of the CITY. In their performance of 6 personal services pursuant to the provisions of this agreement, BLUM shall not be supervised, directed, or 7 under the control or authority of any City Officer or employee, except and to the extent as may be expressly or 8 implicitly required by the terms and provisions of this agreement. Any direction or control so required under 9 this agreement shall be limited to broad objectives or goals of the project or program to be accomplished and 10 not to the details and procedures to accomplish such objectives or goals. BLUM shall not be obligated to 11 conform to the supervision or direction of City officers or employees which are not authorized herein. Changes or 12 modifications of said objectives and goals may be made by written recommendations of either party subject to the 13 concurrence of the other party in writing. 14 8. INDEMNIFICATION. DEFENSE, HOLD HARMLESS 15 BLUM hereby agrees to defend, indemnify and hold harmless CITY, its officers and employees from and 16 against any and all liability, damages, costs, losses. claims and expenses, however caused, arising from BLUM'S 17 negligence or willful misconduct in the performance of this agreement and also including any claims that may 18 arise against CITY by reason of BLUM'S legal relationship with CITY being categorized as other than that of an 19 independent contractor. Any concurrent negligence or willful misconduct of CITY, its officers and employees 20 shall in no way diminish BLUM'S obligations hereunder. 21 9. Insurance 22 BLUM shall provide to CITY evidence of insurance covering BLUM and CITY as an additional insured as to any 23 potential liability to BLUM and CITY. The evidence to be provided shall be a Certificate of Insurance describing 24 the coverage provided and naming CITY as an additional 25 insured. The insurance shall consist of the following: 26 27 3 28 1 A. Workers' Compensation 2 BLUM shall provide proof of workers' compensation insurance coverage for all of its 3 employees pursuant to this agreement. Evidence of such insurance shall be furnished to City's Risk 4 Management Division prior to commencement of this agreement. 5 6 B. Professional Liability Insurance Professional liability insurance covering the 7 professional services provided by BLUM, including coverage for professional errors and omissions, in 8 a combined single limit of not less than 9 $1,000, 000.00 per person. 10. Attorneys' Fees 10 In the event an action is filed by either party to 11 enforce rights under this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees 12 in addition to any other relief granted by the court. 13 11. Termination of Agreement 14 Either party may terminate this agreement without cause and for any reason by giving thirty (30) days 15 advance written notice of termination to the other party. 16 12. Notices 17 Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in 18 the United States mail, postage prepaid, and addressed as follows: 19 Chief Examiner Dr. Lawrence Blum 20 City of San Bernardino Ph.D. , Inc. 300 North "D" Street 540 N. Golden Circle Dr. #115 21 San Bernardino, CA 92418 Santa Ana, CA 92705 22 13 . Entire Agreement 23 This contract constitutes the entire agreement between CITY and BLUM and may be modified only by further 24 written agreement between the parties. 25 26 27 28 4 1 AN 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 BY: 10 City Clerk Tom Minor, Mayor 11 12 DR. LAWRENCE BLUM, Ph.D. 13 14 BY 15 Dr. Lawrence Blum, Ph.D. 16 Approve as to form 17 and Legal Content: 18 19 JAMES F. PENMAN, 20 City Attorney 21 22 BY: 23 h 24 25 26 27 28 5 1 EXHIBIT 1 2 Police Officers 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 duty 6 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 of 10 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 14 assertively under differing conditions. I 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 17 Psychological Inventory (CPI) . 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 Examiner which 20 will document work relevant information, including justification for recommendations. Two response 21 categories will be provided: Pass or Fail. Dr. Blum shall directly contact only the Lieutenant in charge of 22 training of the San Bernardino Police Department, and shall communicate only as to his need for data specific 23 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 28 to the Chief of Police or Assistant Chief of Police which 1 will document work relevant information, and set forth a recommendation as to the potential for future 2 rehabilitation of the employee. Where the doctor determines that the employee is in a crisis situation, as 3 determined by the doctor, an oral recommendation shall be made to the Chief of Police on shorter notice to be 4 followed immediately by a written confirmation. 5 D. Information obtained hereunder shall be released only as provided in California Civil Code Section 56.10. All 6 ratings, test results, and interview data shall be maintained by Dr. Blum during the life of this agreement, 7 Dr. Blum shall transfer such files to such persons as the Chief Examiner shall advise him of in writing. Dr. Blum 8 shall be entitled to recover his costs of such transfer. 9 E. In the -event of an administrative action or litigation involving a candidate's appeal of the screening process, 10 Dr. Blum will provide any testimony and documentation required to support the Department in hearings or suits 11 resulting in any way from recommendations arising from contracted evaluations. An additional fee will be 12 charged for each hour or preparation and testimony required. 13 14 �` 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT 2 2 Police Dispatchers -- 3 A. Methods of Assessment in Examinations: 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. Included 6 in the interview will be information used in assessment of emotional, mental and behavioral stability; and 7 response tendencies in specific areas of interpersonal skills; cooperative--i.e. , team play, self-initiative, 8 decision making, ability and commitment to follow through on tasks, stability in the manner in which they respond 9 to problems, effective ability to express themselves, and willingness and ability to conform their behavior and 10 attitudes to the requirements of the work setting. 11 2 . Use of Psychological Test Instruments in Examinations. Two personality profile tests will be 12 administered to each candidate. They are the Minnesota Multiphasic Personality Inventory (MMPI) and the 13 California Psychological Inventory (CPI) . 14 B. Report to the Chief Examiner: 15 Pre-Employment Examinations: Within two (2) weeks following completion of examinations 16 a written report will be made to the Chief Examiner which will document work relevant information, including 17 justification for recommendations. Two response categories will be provided: Pass of Fail. Dr. Blum 18 shall not directly contact the San Bernardino Police Department regarding the examination of any person for 19 employment with that department. 20 C. Report to the Chief of Police: 21 Fitness-for-duty examinations: These examinations shall include structured clinical 22 interviews, MMPI Examinations, and a review of Departmental records. Within two (2) weeks following 23 completion of examinations a written report will be made to the Chief of Police or Assistant Chief of Police which 24 will document work relevant information, and set forth a recommendation as to the potential for future 25 rehabilitation of the employee. Where the doctor determines that the employee is in a crisis situation, as 26 determined by the doctor, an oral recommendation shall be made to the Chief of Police on shorter notice to be 27 followed immediately by a written confirmation. 28 1 D. Information obtained hereunder shall be released only as provided in California Civil Code Section 56. 10. All 2 ratings, test results, and interview data shall be maintained by Dr. Blum during the life of this agreement 3 and any extensions thereof. Upon termination of this agreement, Dr. Blum shall transfer such files to such 4 persons as the Chief Examiner shall advise him of in writing. Dr. Blum shall be entitled to recover his costs 5 of such transfer. 6 E. In the event of an administrative action or litigation involving a candidate's appeal of the screening process, 7 Dr. Blum will provide any testimony and documentation required to support the Department in hearings or suits 8 resulting in any way from recommendations arising from contracted evaluations. An additional fee will be 9 charged for each hour of preparation and testimony 10 required. 11 12 13 AWW 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28