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R;IT� OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: LEE DEAN Subject: RENEWAL OF AGREEMENT BETWEEN CITY OF SAN
CHIEF OF POLICE BERNARDINO PLUS WILLIAM S. LANE (POLYGRAPHIST)
Dept: POLICE ORIGINI, DBA INTERNAL CONTROL TO PROVIDEPRE-EMPLOY-
MENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCE-
Date: APRIL 17 1996 MENT TRAINEES LATERALS AND PRE-SERVICE AND
RESERVE PCT ICE OFFICER APPLICANTS-
Synopsis of Previous Council action:
5-17-95 -- Resolution #95-152, adopted by Mayor and Common Council. Agreement with
William S. Lane (Polygraphist) , Internal Control.
Recommended motion:
Adopt Resolution
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Signature
Community
Contact person: Debi Shuker, Service Representative III Phone: 384-5697
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: $25,000.00
Source: (Acct. No.) 001-224-5505
Acct. Description) Contractual Services
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Finance: ��'
Council Notes: This entire amount would have to be funded in the 1996/97 budget
75-0262 Agenda Item No. ��
VI OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The City of San Bernardino entered into a contractual agreement
with William S . Lane, DBA Internal Control, who provides pre-
employment polygraph testing on reserve police officer, law
enforcement trainee, lateral police officer and pre-service
applicants .
The agreement commenced July 1, 1995, and terminates June 30 , 1996 .
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 examination 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.
It is our desire to continue using the polygraph examination as
part of the selection process .
75-0264
1 AGREEMENT
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3 This Agreement, made and entered into at San Bernardino,
j 4 California, the day of 1996 , 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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April 17, 1996
I C. CONSULTANT shall be available for consultation with
it examinations and 2 respect to any of the reports and shall P
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 for pre-
7 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 .
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""1 1 3 . Term.
2 This agreement shall commence on July 1, 1996, and
3 terminate on June 30, 1997 .
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-
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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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April 17, 1996
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1 6 . Assignment .
agreement shall not be
2
CONSULTANT' S rights under this a g
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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
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26 appointive boards, commissions, officers, agents and
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27 employees from any liability, claim, suit or actions at law
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April 17, 1996
1 or in equity for damages including personal 'injury or
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2 death, caused or alleged to have been caused y 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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April 17, 1996
1 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 12 . 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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April 17, 1996
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.
to CITY OF SAN BERNARDINO, a
11 Municipal Corporation of
ATTEST: the State of California
12
13
BY
14 City Clerk Tom Minor, 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: l-�.,� a
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April 17, 1996
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