HomeMy WebLinkAbout1993-177
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RESOLUTION NO.
93-177
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE
(POLYGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT
POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL
POLICE OFFICERS, PRE-SERVICE APPLICANTS, AND RESERVE POLICE
OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
Section 1.
The Mayor is hereby authorized and directed
to execute on behalf of said City an Agreement with William S.
9 Lane (Polygraphist), Internal Control, for providing pre-
employment polygraph examinations for Law Enforcement Trainees,
Lateral Police Officers applicants, Pre-Service applicants and
Reserve Police Officer applicants to the San Bernardino Police
Department, which agreement is attached hereto, marked Exhibit
"A", and incorporated herein by reference as fully as though set
forth at length.
Section 2.
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referenced agreement is rescinded if the parties to the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.
res 93-177
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST),
2 INTERNAL CONTROL.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
X"99"1l1ar
meeting thereof, held on the 7tb
day of
June
, 1993, by the following vote, to wit:
COUNCILMEMBERS
AYES
NAYES
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
v
HERNANDEZ
x
OBERHELMAN
x
OFFICE VACANT
POPE-LUDLAM
x
MILLER
x
/1 . ;:
y'~~/u:.~. l_ e fJ.-/7C.
City Clerk
The foregoing resolution is hereby approved this \ C\ \-\,
day of
June
, 1993.
~~U~
'Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY;~
lf~
Res 93-177
1 AGREEMENT
2
3 This Agreement, made and entered into at San Bernardino,
4 California, the" \\'L day of \::.. \ \). \.j~J , 1993, by and
5 between the City of San Bernardino, a municipal corporation
6 (hereinafter referred to as "CITY"), and William S. Lane
7 (Polygraphist), Internal Control (hereinafter referred to as
8 "CONSULTANT").
9 CITY and CONSULTANT agree as follows:
10 1. Scope of Work.
11 A. CONSULTANT hereby agrees to perform the following
12 services:
13 (1) Perform pre-employment polygraph examinations and
14 submit reports as requested by CITY of applicants for Law
15 Enforcement Trainee positions, Lateral Police Officer
16 positions, Pre-Service positions and Reserve Police Officer
17 positions with San Bernardino Police Department.
18 (2) CONSULTANT shall give oral results of the
19 polygraph examination within 24 hours of the examination
20 unless unable to do so because of weekends or holidays.
21 (3) CONSULTANT shall submit written results of the
22 polygraph examination within three (3) days of the
23 polygraph examination. -
24 B. Each applicant shall sign a hold harmless agreement
25 which states the polygraph was taken voluntarily. A copy
26 of this report will accompany each polygraph report.
27 / / / /
28 / / / /
May 6, 1993
RES 93-177
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C. CONSULTANT shall be available for consultation with
respect to any of their examinations and reports and shall
submit supplemental reports as requested by CITY.
D. Sole Provider of Service.
CONSULTANT shall be the only individual to perform
polygraph examinations of applicants referred for pre-
employment examinations.
E. Conflict of Interest.
CONSULTANT agrees he will not accept employment
adverse to the CITY or the POLICE DEPARTMENT during the
term of this agreement or for five (5) years thereafter.
CONSULTANT further agrees to at no time accept
employment involving an officer polygraphed by this
CONSULTANT pursuant to this agreement unless such
employment is approved by the CITY.
2. Confidentiality to be Assured.
CONSULTANT shall maintain the confidentiality of all
applicants referred for examination. CONSULTANT shall
assure that all personal information imparted by an
applicant will be respected and safeguarded. Such
information may be used only in a professional manner for
the purpose of helping to determine an applicant's ability
to perform the job helshe is applying for. CONSULTANT'S
records shall be kept secure in accordance with the code of
ethics of the professional, Federal regulations, and State
laws. CONSULTANT shall maintain in good order a fire and
burglar alarm system to protect its records.
/ / / /
May 6, 1993
,
RF;S 93- i 17
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.
3. Term.
This agreement shall commence on July 1, 1993, and
terminate on June 30, 1994.
4. provision for Payment.
A. Rate of Compensation:
(1) CITY agrees to pay CONSULTANT the sum of
$100.00 for each pre-employment polygraph examination
and report performed by CONSULTANT at the request of
CITY.
B. Manner of Compensation:
(1) CONSULTANT 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 CONSULTANT
shall be paid monthly.
(3) CONSULTANT 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.
/ / / /
/ / / /
/ / / /
May 6, 1993
RES 93-177
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6. Assiqnment.
CONSULTANT'S rights under this agreement shall not be
assigned by CONSULTANT to any other person, firm or
corporation without the prior written consent of the CITY.
7. Relationship of Parties.
CONSULTANT is acting as an independent contractor, and
not as an employee of the CITY. In the performance of
personal service pursuant to the provisions of this
agreement, CONSULTANT 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. CONSULTANT 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.
8. Hold Harmless.
CONSULTANT 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
/ / / /
May 6, 1993
RES93-117
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or in equity for damages including personal injury or
death, caused or alleged to have been caused by reason of
CONSULTANT'S performance under this agreement, including
any claims that may arise against CITY by reason of
CONSULTANT'S legal relationship with CITY being categorized
as other than that of an independent contractor.
9. Insurance.
CONSULTANT shall provide to CITY evidence of insurance
covering CONSULTANT and CITY as an additional insured as to
any potential liability to CONSULTANT 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.
CONSULTANT 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 CONSULTANT,
including coverage for professional errors and
omissions, in a combined single limit of not less than
$100,000.00 per person.
/ / / /
May 6, 1993
,---
.RES 93-177
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c.
certificate of Insurance.
The certificate of Insurance shall provide that
the CITY shall be notified, in writing thirty (30)
days prior to any cancellation or reduction in the
above insurance coverages.
6 10. Attornev's Fees.
7 In the event an action is filed by either party to
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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.
11 11. Termination of Aqreement.
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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.
15 12. Notices.
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25 1111
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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:
CITY
CONSULTANT
Chief of Police
Police Department
466 W. 4th Street
San Bernardino, CA 92401
Internal Control
William S. Lane,
Polygraphist
~,~ ~ Orange Show Lane
S.....:.b_ III
~-f~an Bernardino, CA 92408
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28 1111
May 6, 1993
RE.S 93-177
1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM S.
LANE (POLYGRAPHIST), INTERNAL CONTROL.
2
3 13. Entire Aqreement.
4 This contract constitutes the entire agreement between
5 CITY and CONSULTANT and may be modified only by further
6 written agreement between the parties.
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8 IN WITNESS WHEREOF, this agreement has been executed by the
9 parties effective as of the date and year first above written.
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ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
f2.,~ ~
ci ty'- Clerk
B~.l;t~~
Tom Minor, Mayor
CONSULTANT
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20 Approved as to form
and legal content:
JAMES F. PENMAN,
22 City Attorney
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Byr J. f~
May b, 1993