HomeMy WebLinkAbout27- Police *Y 'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lee Dean Subject: Renewal of agreement between City of
Chief of Police San Bernardino plus William S. Lane
(Polygraphist) DBA Internal Control to provide
Dept: Police pre-employment polygraph examinations for law
ORIGI enforcement trainee, laterals and pre-service and
Date: May 13, 1998 NAL reserve police officer applicants
Y P PP
Synopsis of Previous Council Action:
11-5-90 -- Resolution 90-440, agreement with William S. Lane (Polygraphist), Internal Control
7-15-91 -- Resolution 91-317, agreement with William S. Lane (Polygraphist), Internal Control
5-20-92 -- Resolution 92-165, agreement with William S. Lane (Polygraphist), Internal Control
6-10-93 -- Resolution 93-177, agreement with William S. Lane (Polygraphist), Internal Control
5-20-94 -- Resolution 94-136, agreement with William S. Lane (Polygraphist), Internal Control
5-17-95 -- Resolution 95-152, agreement with William S. Lane (Polygraphist), Internal Control
5-23-96 -- Resolution 96-121, agreement with William S. Lane (Polygraphist), Internal Control
6-16-97 -- Resolution 97-178, agreement with William S. Lane (Polygraphist), Internal Control
Recommended Motion:
Adopt Resolution j
Signature
Contact person: Lawrence E. Neigel, Lieutenant Phone 384-5690
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: $17,000.00
Source:(Acct. No.) 001-224-5505
(Acct. Description) Contractual Services �/�
Finance:_C °�� c- 4,r �%._..
Council Notes:
Agenda Item No. /Z7
1011910pr
CITY"OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Renewal of agreement between City of San Bernardino plus William S. Lane(Polygraphist) DBA
Internal Control to provide pre-employment examinations for law enforcement trainee, laterals
and pre-service and reserve police officer applicants.
Background:
The City of San Bernardino first entered into a contractual agreement on 11-5-90, with William
S. Lane, DBA Internal Control, to provide pre-employment polygraph testing on reserve police
officer, law enforcement trainee, lateral police officer and pre-service applicants.
The current resolution ##97-178, is covered through June 30, 1998.
William S. Lane has adhered to all terms of the agreement and the level and quality of service has
been satisfactory.
Pre-employment polygraph 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 a
perspective police applicant and prior employment history.
This is one of two contractors used for this purpose. It is difficult to get polygraphs scheduled in
a timely manner when the contractors are doing them for other agencies as well. This allows us
flexibility in scheduling so that we can expedite the process. Expediting the process was one of the
strong points made in the diversity workshop held in 1996 toward improving our recruitment of
minority applicants. The number of polygraphs assigned to each contractor are split in a manner
based on their availability and workload.
Financial Impact:
We estimate we will refer approximately 170 applicants (costing $100.00 each) to this vendor this
fiscal year, which is a budgeted item.
Recommendation:
It is our desire to continue using the polygraph examination as part of the selection process and
enter into this agreement with William S. Lane, DBA Internal Control.
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S . LANE
3 (POLYGRAPHIST) , INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT
POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL
4 POLICE OFFICERS, PRE-SERVICE APPLICANTS, AND RESERVE POLICE
OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS :
7 Section 1 . The Mayor is hereby authorized and directed
8 to execute on behalf of said City an Agreement with William S.
9 Lane (Polygraphist) , Internal Control, for providing pre-
10 employment polygraph examinations for Law Enforcement Trainees,
11 Lateral Police Officers applicants, Pre-Service applicants and
12 Reserve Police Officer applicants to the San Bernardino Police
13 Department, which agreement is attached hereto, marked Exhibit
14 "A" , and incorporated herein by reference as fully as though set
15 forth at length.
16 Section 2 . The authorization to execute the above-
17 referenced agreement is rescinded if the parties to the
18 agreement fail to execute it within sixty (60) days of the
19 passage of this resolution.
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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
5 Bernardino at a meeting thereof, held on the
6 day of 1998, by the following vote, to wit :
7 COUNCILMEMBERS AYES NAYES ABSTAIN ABSENT
8
ESTRADA
9
LIEN
10
ARIAS
11
SCHNETZ
12
DEVLIN
13 ANDERSON
14
MILLER
15
16
17 City Clerk
18 The foregoing resolution is hereby approved this
19 day of 1998 .
20
21 Judith Valles, Mayor
22 City of San Bernardino
23
Approved as to form
24 and legal content :
25 JAMES F. PENMAN
City Attorney
26
27 �-
By:
28 j
i
1 AGREEMENT
2
3 This Agreement, made and entered into at San Bernardino,
4 California, the day of , 1998, 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 .
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May 13, 1998
I C. CONSULTANT shall be available for consultation with
2 respect to any of their examinations and reports and shall
3 submit supplemental reports as requested by CITY.
4 D. Sole Provider of Service .
5 CONSULTANT shall be the only individual to perform
6 polygraph examinations of applicants referred to consultant
7 for pre-employment examinations .
8 E. Conflict of Interest .
9 CONSULTANT agrees he will not accept employment
10 adverse to the CITY or the POLICE DEPARTMENT during the
11 term of this agreement or for five (5) years thereafter.
12 CONSULTANT further agrees to at no time accept
13 employment involving an officer polygraphed by this
14 CONSULTANT pursuant to this agreement unless such
15 employment is approved by the CITY.
16 2 . Confidentiality to be Assured.
17 CONSULTANT shall maintain the confidentiality of all
18 applicants referred for examination. CONSULTANT shall
19 assure that all personal information imparted by an
20 applicant will be respected and safeguarded. Such
21 information may be used only in a professional manner for
22 the purpose of helping to determine an applicant' s ability
23 to perform the job he/she is applying for. CONSULTANT' S
24 records shall be kept secure in accordance with the code of
25 ethics of the professional, Federal regulations, and State
26 laws . CONSULTANT shall maintain in good order a fire and
27 burglar alarm system to protect its records .
28 / / 1 /
May 13, 1998
1 3 . Term.
2 This agreement shall commence on July 1, 1998, and
3 terminate on June 30 , 1999 .
4 4 . Provision for Payment .
5 A. Rate of Compensation:
6 (1) CITY agrees to pay CONSULTANT the sum of
7 $100 . 00 for each pre-employment polygraph examination
8 and report performed by CONSULTANT at the request of
9 CITY.
10 B . Manner of Compensation:
11 (1) CONSULTANT shall maintain and file with the
12 Police Department a monthly record of services
13 performed.
14 (2) The Police Department shall submit a claim
15 or request for payment based on such record to the
16 Finance Department in such manner that CONSULTANT
17 shall be paid monthly.
18 (3) CONSULTANT shall assume and pay all out-of-
19 pocket expenses and costs of performing services under
20 this agreement except as otherwise specifically
21 provided herein, and CITY shall not be liable for any
22 such costs and expenses .
23 5 . Amendments ,
24 This agreement may be amended or modified only by
25 written agreement executed by both parties .
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May 13, 1998
1 6 . Assignment .
2 CONSULTANT' S rights under this agreement shall not be
3 assigned by CONSULTANT to any other person, firm or
4 corporation without the prior written consent of the CITY.
5 7 . Relationship of Parties .
6 CONSULTANT is acting as an independent contractor, and
7 not as an employee of the CITY. In the performance of
8 personal service pursuant to the provisions of this
9 agreement, CONSULTANT shall not be supervised, directed, or
10 under the control or authority of any CITY officer or
11 employee, except and to the extent as may be expressly or
12 implicitly required by the terms and provisions of this
13 agreement . Any direction or control so required under this
14 agreement shall be limited to broad objectives or goals of
15 the project or program to be accomplished and not to the
16 details and procedures to accomplish such objectives or
17 goals . CONSULTANT shall not be obligated to conform to the
18 supervision or direction of CITY officers or employees
19 which are not authorized herein. Changes or modifications
20 of said objectives and goals may be made by written
21 recommendations of either party subject to the concurrence
22 of the other party in writing.
23 8 . Hold Harmless .
24 CONSULTANT hereby agrees to, and shall , defend,
25 indemnify, and hold harmless CITY, its elective and
26 appointive boards, commissions, officers, agents and
27 employees from any liability, claim, suit or actions at law
28
May 13, 1998
1 or in equity for damages including personal injury or
2 death, caused or alleged to have been caused by reason of
3 CONSULTANT' S performance under this agreement, including
4 any claims that may arise against CITY by reason of
5 CONSULTANT' S legal relationship with CITY being categorized
6 as other than that of an independent contractor.
7 9 . Insurance .
8 CONSULTANT shall provide to CITY evidence of insurance
9 covering CONSULTANT and CITY as an additional insured as to
10 any potential liability to CONSULTANT and CITY. The
11 evidence to be provided shall be a Certificate of Insurance
12 describing the coverage provided and naming CITY as an
13 additional insured. The insurance shall consist of the
14 following:
15 A. Workers' Compensation.
16 CONSULTANT shall provide proof of workers'
17 compensation insurance coverage for all of its
18 employees pursuant to this agreement . Evidence of
19 such insurance shall be furnished to CITY' S Risk
20 Management Division prior to commencement of this
21 agreement .
22 B . Professional Liability Insurance .
23 Professional liability insurance covering the
24 professional services provided by CONSULTANT,
25 including coverage for professional errors and
26 omissions, in a combined single limit of not less than
27 $100 , 000 . 00 per person.
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May 13, 1998
I C. Certificate of Insurance .
2 The Certificate of Insurance shall provide that
3 the CITY shall be notified, in writing thirty (30)
4 days prior to any cancellation or reduction in the
5 above insurance coverages .
6 10 . Attorney' s Fees .
7 In the event an action is filed by either party to
8 enforce -rights under this agreement, the prevailing party
9 shall be entitled to recover reasonable attorney' s fees in
10 addition to any other relief granted by the court .
11 11 . Termination of Agreement .
12 Either party may terminate this agreement without
13 cause and for any reason by giving thirty (30) days advance
14 written notice of termination to the other party.
15 1.2 . Notices .
16 Any notice required to be given hereunder shall be deemed
17 to have been given by depositing said notice in the United
18 States mail , postage prepaid, and addressed as follows :
19
20 CITY CONSULTANT
21 Police Department Internal Control
Lee Dean William S . Lane,
22 Chief of Police Polygraphist
710 N. "D" Street 394 Orange Show Lane
23 San Bernardino, CA 92401 San Bernardino, CA 92408
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May 13, 1998
1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM S .
LANE (POLYGRAPHIST) , INTERNAL CONTROL.
2
3 13 . Entire Agreement .
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 .
7
8 IN WITNESS WHEREOF, this agreement has been executed by the
9 parties effective as of the date and year first above written.
10 CITY OF SAN BERNARDINO, a
11 Municipal Corporation of
ATTEST: the State of California
12
13 BY
14 City Clerk Judith Valles, Mayor
15
16 CONSULTANT
17
18 BY
William S . Lane, Polygraphist
19
20 Approved as to form
and legal content :
21
JAMES F. PENMAN,
22 City Attorney
23
24 BY T
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I T Y O F
an 13ernardino
• x
R A C H E L C L A R K
C I T Y C L E R K
June 22, 1998
Internal Control
William S. Lane, Polygraphist
394 Orange Show Lane
San Bernardino, CA 92408
Dear Mr. Lane:
At the Mayor and Common Council meeting of June 15, 1998, the City of San Bernardino
adopted Resolution 98-171 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.
Enclosed are one (1) original agreement and two (2) duplicate original agreements. Please
obtain signatures where indicated and return the original agreement and one (1)duplicate original
agreement to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA 92418 as soon as
possible. Please keep a fully executed duplicate original agreement for your files. Said
agreements have been executed by the Mayor, City Clerk and City Attorney.
Please be advised that said resolution will be rescinded if parties fail to execute said documents
within sixty (60) days of the passage of this resolution. The documents must be executed and
returned to the City Clerk's office no later than Friday, August 14, 1998. If you have any
questions, please do not hesitate to call Eileen Gomez at (909) 384-5002.
Sincerely, L
Ra e
City Clerk
Enclosures
P . O. B O X 1 3 1 8 S A N B E R N A R 0 1 N 0 , C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O ,
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - S 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9) 3 8 4 .5 1 5 8
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c' SENDER:
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d ■Print your name and address on the reverse of this form so that we can return this extra fee):
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■The Return Receipt will show to whom the article was delivered and the date
c delivered. 98-171 Consult postmaster for fee.
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