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HomeMy WebLinkAbout26-Police Department CITY OF SAN BER~"",.RDINO - REQUEST ~ lR COUNCIL ACTION From: DANIEL A. ROBBINS CHIEF OF POLICE Dept: POL ICE Date: APRIL 13, 1992 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 ENFORCEMENT TRAINEES, LATERALS AND PRE- SFRVH~F ANn RF<\FRVF POI TrF OFFTrFR ApPI TrAN Synopsis of Previous Council action: 7-15-91 -- Resolution #91-317, adopted by Mayor and Common Council. Agreement with William S. Lane (Polygraphist), Internal Control. Recommended moti.on: Adopt Resolution .,' /,1 ,I)", II /Jx/ 1;;/'/1/ /1 II , /' 1 / .I /,' I / /' '/ . / / " '-'.... f '; / _ '______-... /.(tf, I',.. '" '/ ...../: ~ L---/ ~- Signature L.Ommunlty Contact person: Sherr; e Guerrero, Serv ice Representat; ve I I I Phone: 384-5695 Supporting data attached: Yes Ward: $15,000 Sou rca: 001-224-53150 General Fund FUNDING REQUIREMENTS: Amount: LL.tJ it. Finance: Council Notes: This entire amount would have to be funded in the 1992/93 budqet. 75-0262 Agenda Item No. 2~ CITY OF SAN BERhRDINO - REQUEST l,c)R COUNCIL ACTION STAFF REPORT The Ci ty of San Bernardi no entered into a contractual agreement wi th William S. Lane, DBA Internal Control who provides pre-employment polygraph testing on law enforcement trainees, lateral police officers, pre-service applicants and reserve police officer applicants. The agreement commenced July 1, 1991, and terminates June 30, 1992. 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 de t e c tin g pro b 1 em s wit h i n ani n d i vi d u a 1 I S b a c kg r 0 u n din the i nit i a 1 stages of the background' investigation rather than at the end of the background process or even after employment. The result of the polygraph examinations are used as an investigative too 1 in the pre-emp 1 oYment background proces s. 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. 75-0264 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 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, PRE-SERVICE APPLICANTS, AND RESERVE POLICE OFFICER 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 authorized and directed to execute on behalf of said City an Agreement with William S. 9 Lane (Polygraphist), Internal Control, for providing pre- employment polygraph examinations for Law Enforcement Trainees, Lateral Police Officers applicants, Pre-Service applicants and Reserve Police Officer 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 length. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: Council Members NAYES ABSTAIN ABSENT AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1992. W.R. "Bob" Holcomb, Mayor City of San Bernardino Approved as to form 24 and legal content: 25 JAMES F. PENMAN City Attorney 26 27 28 I' I 'c:.,. -i.-1,o.~ A - ,. 1 AGREEMENT 2 3 This Agreement, made and entered into at San Bernardino, 4 California, the day of , 1992, 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. SCODe 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. 27 / / / / 28 / / / / April 13, 1992 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 2. 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. 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 is approved 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 professional, Federal regulations, and State laws. CONSULTANT shall maintain in good order a fire and burglar alarm system to protect its records. 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 3. Term. This agreement shall commence on July 1, 1992, and terminate on June 30, 1993. 4. provision for Pavment. 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 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 liable for any such costs and expenses. 5 . Amendments. This agreement may be amended or modified only by written agreement executed by both parties. / / / / / / / / / / / / April 13, 1992 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 6 . Ass ianment . 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. 7. RelationshiD of Parties. CONSULTANT is acting as an independent contractor, and not as an employee of the CITY. In the performance of personal service 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 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. 8. 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 / / / / April 13, 1992 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 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. 9. 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 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. / / / / April 13, 1992 1 2 3 -4 5 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. 6 10. Attornev's Fees. 7 In the event an action is filed by either party to 8 enforce rights under this agreement, the prevailing party 9 10 shall be entitled to recover reasonable attorney's fees in addition to any other relief granted by the court. 11 11. Termination of Aareement. 12 13 14 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. 15 12. Notices. 16 17 18 19 20 21 22 23 24 25 26 27 28 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 W. 4th Street San Bernardino, CA 92401 Internal Control William S. Lane, Polygraphist 435 Orange Show Lane Suite 102 San Bernardino, CA 92408 / / / / / / / / / / / / / / / / April 13, 1992 1 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL. 2 3 13. Entire Aareement. 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 8 IN WITNESS WHEREOF, this agreement has been executed by the 9 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. "Bob" Holcomb, Mayor City Clerk CONSULTANT BY William S. Lane, Polygraphist Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~ April 13, 1992