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HomeMy WebLinkAbout18-Police Department IlIl - - .... - CITY- OF SAN BERN~DINO - REQUEST FfOR COUNCIL ACTION . ' 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 " 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 /8 - - - ...... CITY OF SAN BERN~DINO - REQUEST lOR COUNCIL ACTION . . 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 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / June 14, 1991 , 1 2 3 4 5 6 o o 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 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM MILLER CITY CLERK The foregoing resolution is hereby approved this day of , 1991. W. R. HOLCOMB, MAYOR City of San Bernardino 27 28 June 14, 1991 2 o o 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I I I I 26 I I / I 27 I I I I 28/11/ June 14, 1991 o o 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. 24 / I I I ~ I I I I 26 I I I I 27 I I I I 28 IIII June 14, 1991 1 2 3 4 5 6 7 8 9 10 11 2. 12 13 14 15 16 17 2 J. 1 - - - ........ ~ o o 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. 23 I I I I 24 I I I I 25 I I I I 26 IIII 27 I I I I 28 I I I I June 14, 1991 3 , 1 7. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 8. 17 18 19 20 - - J1I ........ ...... - ~ o o 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. 25 IIII 26 IIII 27 I I ! I 28 IIII June 14, 1991 4 JJ ~ - - o o 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. 26 IIII 27 I I I I 28 IIII June 14, 1991 . 1 9. 2 3 4 5 6 7 8 5 1 11. 2 3 4 5 12. 6 7 8 - L - - ~ o o 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: . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .t. __ _ o o 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/_ 25 ./~ 26 27 28 June 14, 1991 7