HomeMy WebLinkAbout1991-317
.
1 RESOLUTION NO. 91-317
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL
3 FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT
TRAINEES, LATERAL POLICE OFFICERS AND PRE-SERVICE APPLICANTS TO THE SAN
4 BERNARDINO 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 is hereby authori zed and di rected to execute on
7
behalf of said City an Agreement with William S. Lane (Polygraphist), Internal
8
Control, for providing pre-employment polygraph examinations for Law
9
10
11
12
13
14
15
16
17
Enforcement Trainees, Lateral Police Officers and Pre-Service 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 1 ength.
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is rescinded if the parties to the agreement fail to execute it within sixty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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a reqular
, 1991, by the
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL
2 CONTROL FOR TRAINEES, LATERAL POLICE OFFICERS AND PRE-SERVICE APPLICANTS TO
THE SAN BERNARDINO POLICE DEPARTMENT.
3
Council Members
4
ESTRADA
5
REILLY
6
HERNANDEZ
7
MAUDSLEY
8
MINOR
9
POPE-LUDLAM
10
MILLER
11
12
13
AYES
NAYES
ABSTAIN
x
x
x
x
x
x
x
~C~
14
15 The foregoing resolution is hereby approved this 16th day of
16
17
18
July
, 1991.
2
Res. 91-317
1 AGREEMENT
2 This Agreement, made and entered into at San Bernardino, California, the
3 24th day of July 1991, by and between the City of San
4 Bernardino, a municipal corporation (hereinafter referred to as "CITY"), and
5 Wi 11 i am S. Lane (Polygraph i s t), I nterna 1 Contro 1 (herei nafter referred to as
6 "CONSULTANT").
7 CITY and CONSULTANT agree as follows:
8 1. Scope of Work.
9 A. CONSULTANT hereby agrees to perform the following services:
10 (1) Perform pre-employment polY9raph examinations and submit
11 reports as requested by CITY of app 1 i cants for 1 aw Enforcement
12 Trainee positions, Lateral Police Officer positions and Pre-Service
13 positions with San Bernardino Police Department.
14 (2) CONSULTANT shall give oral results of the polygraph
15 examination within 24 hours of the examination unless unable to do
16 so because of weekends or holidays.
17 (3) CONSULTANT shall submit written results of the polygraph
18 examination within three (3) days of the polygraph examination.
19 B. Each appl icant shall sigh a hold harmless agreement which
20 states the polygraph was taken voluntarily. A copy of this report
21 wi 11 accompany each po lygraph report.
22 C. CONSULTANT shall be available for consultation with respect to
23 any of their examinations and reports and shall submit supplemental
24 reports as requested by CITY.
25 / / / /
26 / / / /
27 / / / /
28 / / / /
June 14, 1991
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.
CONSUL TANT agrees he wi 11 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 by the CITY.
Confidentiality to be Assured.
CONSULTANT shall maintain the confidentiality of all applicants
referred for examination. CONSULTANT shall assure that all personal
i nformat i on imparted by an app 1 i cant wi 11 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
he/she 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.
Term.
This agreement shall commence on July 1, 1991, and terminate on
June 30, 1991.
24 I I I I
25 IIII
26 I I I I
27 I I I I
28 I I I I
June 14, 1991
1
2
3
4
5
6
7
8
9
10
11 2.
12
13
14
15
16
17
18
19
20
21 3.
22
23
2
1 4.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 5.
17
18
19 6.
20
21
22
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 ins uch
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.
Amendments.
This agreement may be amended or modified only by written agreement
executed by both parties.
Assi gnment.
CONSULTANT'S rights under this agreement shall not be assigned by
CONSUL TANT to any other person, firm or corporation without the prior
written consent of the CITY.
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
June 14, 1 991
3
1 7.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 8.
17
18
19
20
21
22
23
24
Relationship of Parties.
CONSUL TANT 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, 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 1 imited to broad
objectives or goals of the project or program to be accomplished and not
to the details and procedures to accompl ish 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.
Hold Harmless.
CONSUL TANT 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 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.
25 / / / /
26 / / / /
27 / / / /
28 / / / /
June 14, 1991
4
1 9.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 10.
22
23
24
25
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 provi de 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.
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.
Attorney's Fees.
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.
26 / / I I
27 / / / I
28 / / / I
June 14, 1991
5
1 11. Termination of Agreement.
2 Either party may terminate this agreement without cause and for any
3 reason by giving thirty (30) days advance written notice of termination
4 to the other party.
5 12. Notices.
6 Any notice required to be given hereunder shall be deemed to have
7 been given by depositing said notice in the United States mai 1, postage
8 prepaid, and addressed as follows:
9
10
11
12
13
14
15
16 / / / /
17 / / / /
18 / / / /
19 / / / /
CITY
Chief of Police
Police Department
466 W. 4th Street
San Bernardino, CA 92401
20 / / / /
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
June 14, 1991
6
CONSUL TANT
Internal Control
William S. Lane,
Polygraphist
435 Orange Show Lane
Suite 102
San Bernardino, CA 92408
. .
1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM S. LANE
(POL YGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH
2 EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS AND PRE-
SERVICE APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT.
3
13. Entire Agreement.
4
5
6
7
This contract constitutes the entire agreement between CITY and
CONSULTANT and may be modified only by further written agreement between
the parties.
IN WITNESS WHEREOF, this agreement has been executed by the parties
8
effective as of the date and year first above written.
9
10
11 ATTEST:
12
13 (;( .1}(
14 'J .t~L "-'t.v.",,;} -'
City Clerk ,
15
16
17
18
19
20
Approved as to form
21 and legal content:
22 JAMES F. PENMAN,
Ci ty Attorney
23
24 BY:~
25 ./
26
27
28
June 14, 1991
7
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
CONSULTANT