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CITY- OF SAN BERN~DINO - REQUEST FfOR COUNCIL ACTION
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From: DANIEL A. ROBBINS
CHIEF OF POLICE
Dept: POLICE
Date: JUNE 14, 1991
Subject: RENEWAL OF AGREEMENT BETWEEN CITY OF SAN
BERNARDINO PLUS WILLIAM S. LANE (POLY-
GRAPHIST), DBA INTERNAL CONTROL TO PROVIDE
PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR
LAW ENFORCMENT TRAINEES, LATERALS AND PRE-
SERVICE APPLICANTS.
Synopsis of Previous Council ection:
The Mayor and Common Council adopted resolution 90-440, on November 5, 1990,
authorizing an agreement with William S. Lane, Internal Control to provide
pre-employment polygraph examinations for law enforcement trainees, lateral
police officer and pre-service applicants.
Recommended moti.on:
Adopt Resolution
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Signature
Contact person: Thomas D. Maier, Lieutenant
Phone: 384-5695
Supporting data attached:
FUNDING REQUIREMENTS:
Amount: $15,000
Ward:
Source: 0~150
Fin8nC8~ j.)---
Council Notes:
15-0262
Agenda Item No
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CITY OF SAN BERN~DINO - REQUEST lOR COUNCIL ACTION
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STAFF REPORT
The City of San Bernardino entered into a contractual agreement with
William S. Lane, Internal Control who provides pre-employment polygraph
testing on law enforcement trainee, lateral police officer and pre-
service applicants.
The agreement commenced November 5, 1990, and terminates
June 3D, 1991.
William S. Lane has adhered to all terms of the agreement and the level
and quality of service has been satisfactory.
The need for pre-employment polygraphs examinations have proved cost
effective by detecting problems within an individual's background in the
initial stages of the background investigation rather than at the end of
the background process or even after employment.
The results of the polygraph examinations are used as an investigative
tool in the pre-employment background process. The pre-employment
examination can explore the truth or veracity of the perspective police
applicant, as well as previous drug usage, alcohol abuse, medical
problems, and prior employment history.
It is our desire to continue using the polygraph examination as part of
the selection process.
6-14-91
75.0264
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RESOLUTION NO.
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 AND PRE-SERVICE 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 authori zed and di rected to execute on
behalf of said City an Agreement with William S. Lane (Polygraphist), Internal
Control, for providing pre-employment polygraph examinations for Law
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 resol ution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
following vote, to wit:
day of
, 1991, by the
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June 14, 1991
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL
CONTROL FOR TRAINEES, LATERAL POLICE OFFICERS AND PRE-SERVICE APPLICANTS TO
THE SAN BERNARDINO POLICE DEPARTMENT.
Council Members
AYES
NAYES
ABSTAIN
ESTRADA
REILL Y
HERNANDEZ
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MAUDSLEY
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MINOR
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POPE-LUDLAM
MILLER
CITY CLERK
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. HOLCOMB, MAYOR
City of San Bernardino
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1 AGREEMENT
2 This Agreement, made and entered into at San Bernardino, Cal ifornia, the
3 day of , 1991, 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.
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 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 sigh a hold harmless agreement which
states the polygraph was taken voluntarily. A copy of this report
will accompany each polygraph report.
C. CONSUL TANT shall be avail able for consultation with respect to
any of their examinations and reports and shall submit supplemental
reports as requested by CITY.
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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. 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 by the CITY.
Confidentiality to be Assured.
CONSULTANT shall maintain the confidentiality of all applicants
referred for examination. CONSUL TANT shall assure that all personal
i nformati on imparted by an appl 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
18 accordance with the code of ethics of the professional, Federal
19 regulations, and State laws. CONSULTANT shall maintain in good order a
20 fire and burglar alarm system to protect its records.
21 3. Term.
22 This agreement shall commence on July 1, 1991, and terminate on
23 June 30, 1991.
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1 4. Provision for Payment.
2 A. Rate of Compensation:
3 (1) CITY agrees to pay CONSULTANT the sum of $100.00 for each
4 pre-employment po lygraph exami nat i on and report performed by
5 CONSULTANT at the request of CITY.
6 B. Manner of Compensation:
7 (1) CONSULTANT shall maintain and file with the Pol ice
8 Department a monthly record of services performed.
9 (2) The Police Department shall submit a claim or request for
10 payment based on such record to the Finance Department in such
11 manner that CONSULTANT shall be paid monthly.
12 (3) CONSULTANT shall assume and pay all out-of-pocket expenses
13 and costs of performing services under this agreement except as
14 otherwise specifically provided herein, and CITY shall not be liable
15 for any such costs and expenses.
16 5. Amendments.
17 This agreement may be amended or modified only by written agreement
18 executed by both parties.
19 6. Assignment.
20 CONSUL TANT' S ri ghts under thi s agreement shall not be ass i gned by
21 CONSUL TANT to any other person, firm or corporation without the prior
22 written consent of the CITY.
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Relationship of Parties.
CONSUL TANT is act i ng 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 limited 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.
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
21 a 11 eged to have been caused by reason of CONSULTANT' S performance under
22 this agreement, including any claims that may arise against CITY by
23 reason of CONSULTANT'S legal relationship with CITY being categorized as
24 other than that of an independent contractor.
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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
9 insurance coverage for all of its employees pursuant to thi s
10 agreement. Evi dence of such insurance shall be furni shed to CITY'S
11 Risk Management Oivision prior to commencement of this agreement.
12 B. Professional Liability Insurance.
13 Professional liability insurance covering the professional
14 services provided by CONSULTANT, including coverage for professional
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
19 be notified, in writing thirty (30) days prior to any cancellation
20 or reduction in the above insurance coverages.
21 10. Attorney's Fees.
22 In the event an action is filed by either party to enforce rights
23 under this agreement, the prevail 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 noti ce requi red to be gi ven 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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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM S. LANE
(POLYGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH
EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLlCE OFFICERS AND PRE-
SERVICE APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT.
13. Entire Agreement.
This contract constitutes the entire agreement between CITY and
CONSUL TANT and may be modified only by further written agreement between
the parti es.
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
BY
W. R. Holcomb, Mayor
City Clerk
CONSULTANT
By
William S. Lane, Polygraphist
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
24 By: .4A~..j)j;?_ 1/_
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