HomeMy WebLinkAbout1988-380
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RESOLUTION NO.
88-380
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM
3 REGARDING PSYCHOLOGICAL EXAMINATIONS FOR APPLICANTS TO THE POLICE
DEPARTMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with Dr. Lawrence Blum, Ph.D., Clinical
9 Psychologist, to perform psychological examinations of
10 applicants to the Police Department, a copy of which is attached
11 hereto marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
3rd
day of
October
, 1988, by the following vote, to
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AYES: Council Members Estrada, Reilly, Flores, Maudsley
NAYS:
None
ABSENT:
Council Members Minor, Pope-Ludlam, Miller
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Cit'y Clerk
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September 15, 1988
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RESOLUTION. . . AUTHORIZING AND DIRECTING THE EXECUTION-OF AN
AGREEMENT WITH DR. LAWRENCE BLUM REGARDING PSYCHOLOGICAL
EXAMINATIONS FOR APPLICANTS TO THE POLICE DEPARTMENT.
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The foregoing resolution is hereby approved this ~.~~
day of Or.t()h~r , 1988.
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Approved as to form
a Legal Content:
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",.:> J. L/ Yl/JtY..........
Attorney
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HE/dys
September 15, 1988
Evlyn Wile x, Mayor
City of San Bernardino
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AGREEMENT
This Agreement, made and entered into at San Bernardino,
California, this day of , 1988, 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. Scope of Work:
A. BLUM hereby agrees to perform the following
services:
1. Perform pre-employment psychological
examinations 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 Department" provisions in Exhibit 1.,
attached and incorporated herein by reference as though
fully set forth.
C. Each written report by BLUM shall also 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. Term.
The term of this agreement is for a period of one
year. This agreement shall commence on September 16, 1988,
and terminate on September 15, 1989.
3. Option 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.
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September 15, 1988
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EXHIBIT A
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4. Provision for Payment.
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A. Rate of Compensation
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(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.
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(2) CITY agrees to pay BLUM the sum of $400.00
for each fitness for duty examination and report
performed by BLUM at the request of CITY.
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(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.
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B. Manner of Compensation
(1) BLUM shall maintain and file with the Police
Department a monthly record of services performed.
(2) The Police Department 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 performing services under this
agreement except as otherwise specifically provided
herein, 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.
6. Assignment.
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. Relationship Of Parties.
BLUM is acting as an independent contractor, and not
as an employee of the City. In the 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
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September 15, 1988
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the terms and provisions of this agreement. Any direction
or control so required under this agreement shall be
limited tobroad 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.
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8. Hold Harmless.
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BLUM hereby agrees to, and shall, defend, indemnify,
and hold harmless CITY, its elective and appointive boards,
commissions, officers, agents and employees from any
liability, claim, suit or actions at law or in equity for
damages including personal injury or death, caused or
alleged to have been caused by reason of BLUM'S performance
under this agreement, 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.
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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'
compensation insurance coverage for all of its
employees pursuant to this agreement. Evidence of
such insurance shall be furnished to City's Risk
Management Division prior to commencement of this
agreement.
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.
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September 15, 1988
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10. Attorneys' Fees.
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In the event an action is filed by either party to
enforce rights under this- agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees in
addition to any other relief granted by the court.
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11. Termination of Agreement.
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Either party may terminate this agreement without
cause and for any reason by giving thirty (30) days advance
written notice of termination to the other party.
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12. Notices.
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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:
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CITY
Chief of Police
Police Department
466 West 4th street
San Bernardino, CA 92401
BLUM
Dr. Lawrence Blum, Ph.D., Inc.
2101 E. 4th Street
Santa Ana, CA 92705
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13. Entire Agreement.
15 This contract constitutes the entire agreement between
CITY and BLUM and may be modified only by further written
16 agreement between the parties.
17 IN WITNESS WHEREOF, this agreement has been executed by the
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HE/dys
September 15, 1988
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1 parties effective as of the date and year first above written.
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CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
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ATTEST:
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By
Mayor
City Clerk
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DR. LAWRENCE BLUM, Ph.D., INC.
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By
Dr. Lawrence Blum, Ph.D.
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10 Approved as to form
and Legal Content:
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September 15, 1988
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1 EXHIBIT 1
2 Methods of Assessment in Examinations:
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Three main methods will be used in examinations.
follows:
They are as
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Use of structured clinical interviews performed with each
candidate in either pre-employment or departmental
assignment 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; aspectsof 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.
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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 16 Personality factor
Questionnaire (16PF). Both are objective, standardized
tests with a great deal of research done validating both
for use in law enforcement.
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The MMPI provides a profile useful in distinguishing
pathological (or impaired) from non-pathological
personality characteristics in candidates. Its results
describe the accuracy of the responses given by candidates,
as well as ten clinical personality scales which provide
information on the emotional and mental status of
candidates, discriminating between "normal" and "abnormal"
characteristics. Its utility is limited in that it cannot
accurately describe personality characteristics and
response tendencies within "normal" populations.
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The 16PF serves to discriminate amongst the probable
response tendencies and habit patterns characteristic of
the candidate. In addition to the profile of the
personality characteristics of normally employed adults,
the 16PF provides "second order" clusters of traits to
assist in questions regarding departmental assignments:
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Introversion versus Extraversion
Low Anxiety versus High Anxiety
Emotionality versus Tough Poise
Subduedness versus Independence
Low control versus High Control
Neurotic versus Adaptive Adjustment
Low Leadership versus High Leadership
Low Creativity versus High Creativity
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The use of both tests allow for accurate assessment in
both entry level and assignment examinations. Once the
examiner is provided departmental profile work priorities
for both new officers as well as officers applying to
different duty assignments, profiles can be tailored to fit
continuing work requirements.
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3.
Use of Departmental Background Investigation. Although not
used in every examination, background information is highly
useful in areas where test results and interview data are
conflicting, or where some concern exists at a level
requiring fOllow-up but not necessarily disqualification.
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Cooperative interaction FOLLOWING THE CONCLUSION OF TESTING
13 AND INTERVIEWS between the examiner and Department
background personnel has been proven invaluable in
14 sharpening the accuracy of recommendations in "borderline"
candidates where there is not a clear acceptable or
15 disqualifiable profile.
16 Response and Report to the Department:
17 Within 24 working hours following completion of
examinations, a verbal recommendation will be made to the
18 department. Following within two (2) weeks will be a
written report documenting work relevant information,
19 including justification for recommendations and details
requiring monitoring in a candidate. Three response
20 categories are suggested: Pass, Fail, and Borderline Pass.
The category of Borderline Pass has enabled some agencies
21 to give opportunity to a candidate who demonstrates areas
creating concern, but not at a level necessarily requiring
22 disqualification. Still other agencies have preferred
solely a Pass or Fail recommendation. The Department can
23 use either type of recommendation structure.
24 Under normal circumstances, all ratings, test results, and
interview data will be kept in locked storage in Dr. Blum's
25 offices. After the written report is received and cleared
by departmental personnel, the original report would be
26 returned to Dr. Blum. This confidentially protection has
proved beneficial where disqualified candidates have
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proved beneficial where disqualified candidates have
challenged the recommendations made to the departments
served by Dr. Blum.
In the event of 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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