HomeMy WebLinkAbout1990-440
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RESOLUTION NO. tfj-~7'[)
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ANO 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 ANO 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:
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Section 1.
The Mayor is hereby authori zed and di rected to execute on
8 behalf of said City an Agreement with William S. Lane (Polygraphist), Internal
9 Control, for providing pre-employment polygraph examinations for Law
10 Enforcement Trainees, Lateral Police Officers and Pre-Service applicants to the
11 San Bernardino Pol ice Department, which agreement is attached hereto, marked
12 Exhibit "A", and incorporated herein by reference as fully as though set forth
13 at 1 ength.
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Section 2.
The authorization to execute the above-referenced agreement
15 is resci nded if the part i es to the agreement fail to execute it withi n sixty
16 (60) days of the passage of this resolution.
17 I HEREBY CERTIFY that the foregoing resol ution was duly adopted by the
18 Mayor and Common Council of the City of San Bernardino at a ~~
the t!Jht..- day of "/l~, 1990, by the
19 meet i ng thereof, he I d on
20 following vote, to wit:
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October 16, 1990
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RESOLIJl'ION OF THE CITY ... AurHORIZING AND DIRECTING THE EXECurION OF
AN AGREEMENT Wl'rn WILLIAM S. LANE (POLW",RAPHIST), INTERNAL C~L FOR
PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENr TRAINEES,
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1 Council Members AYES NAYES ABSTAIN
2 ESTRADA v'
3 REILLY ,,/'
4 FLORES V
5 MAUOSLEY v
6 MINOR V
7 POPE-LUDLAM V-
8 MILLER V"
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14 The foregoi ng reso 1 uti on is hereby approved thi s ,,~>,. _ day of
15 ~~, 1990.
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21 Approved as to form
and legal content:
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JAMES F. PENMAN
23 City Attorney
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October 16, 1990
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AGREEMENT
2 This Agreement, made and entered into at San Bernardino, California, this
3 l!3h, day of
~?~~" 1990, by and between the City of San
4 Bernardino, a municipal corporation (hereinafter referred to as "CITY"), and
5 William S. Lane (Polygraphist), Internal Control (hereinafter referred to as
6 "CONSULTANT").
7 CITY and CONSULTANT agree as follows:
8 1. Scope of Work.
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A.
CONSULTANT hereby agrees to perform the following services:
(1) Perform pre-employment polygraph examinations and submit
reports as requested by CITY of applicants for Law Enforcement Trainee
positions, Lateral Police Officer positions and Pre-Service positions
with the San Bernardino Police Department.
(2) CONSULTANT shall give oral results of the polygraph
examination within 24 hours of the examination unless unable to do so
because of weekends or holidays
(3) CONSULTANT shall submit written results of the polygraph
examination within three (3) days of the polygraph examination
B. Each applicant shall sign a hold harmless agreement which states
the po lygraph was taken vol untari ly.
A copy of th i s report wi 11
accompany each polygraph report.
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.
October 16, 1990
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D. Sole Provider of Service.
CONSULTANT shall be the only individual to perform polygraph
examinations of applicants referred for pre-employment examinations.
E. Conn i ct of Interest.
CONSULTANT 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
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 he/she is
applying for. CONSULTANT'S records shall be kept secure in accordance with
the code of ethics of the profession, 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 November 6, 1990, and terminate on
June 30, 1991.
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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
Oepartment 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 1 iable
for any such costs and expenses.
Amendments.
This agreement may be amended or modified only by written agreement
executed by both parties.
Assignment.
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.
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Relationship Of Parties.
CONSULTANT is acting as an independent contractor, and not as a
employee of the CITY. In the performance of personal services pursuant t
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 impl icitl
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.
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 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.
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October 16, 1990
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1 9. Insurance.
2 CONSULTANT shall provide to CITY evidence of insurance covering
3 CONSULTANT and CITY as an additional insured as to any potential liability
4 to CONSULTANT and C!TY. The evi dence to be prov i ded s ha 11 be a Cert i fi cate
5 of Insurance describing the coverage provided and naming CITY as an
6 additional insured. The insurance shall consist of the following:
7 A. Workers' Compensation.
8 CONSULTANT shall provide proof of workers' compensation insurance
9 coverage for all of its employees pursuant to this agreement.
10 Evidence of such insurance shall be furnished to CITY'S Risk
11 Management Division prior to commencement of this agreement.
12 B. Professional Liability Insurance.
13 Professional liability insurance covering the professional
14 servi ces provi ded by CONSULTANT, i ncl udi ng coverage for profess i anal
15 errors and omissions, in a combined single limit of not less than
16 $100,000.00 per person.
17 C. Certificate of Insurance.
18 The Certificate of Insurance shall provide that the CITY shall be
19 notified, in writing, thirty (30) days prior to any cancellation or
20 reduction in the above insurance coverages.
21 10. Attorney's Fees.
22 In the event an action is fi led by either party to enforce rights
23 under this agreement, the prevai 1 ing party shall be entitled to recover
24 reasonable attorney's fees in addition to any other relief granted by the
25 court.
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Termination of Agreement.
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.
Notices.
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 West 4th Street
San Bernardino, CA 92401
Internal Control
Will iam S. Lane,
Polygraphist
435 Orange Show Lane
Suite 102
San Bernardino, CA 92408
October 16, 1990
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1 13. Ent ire Agreement.
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This contract constitutes the entire agreement between CITY and
CONSUL TANT and may be modified only by further written agreement between
the parties.
4 IN WITNESS WHEREOF, this agreement has been executed by the parties
effective as of the date and year first above written.
ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
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CONSULTANT
By
16 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
By: Oa~ 7,f~
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October 16, 1990
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