HomeMy WebLinkAbout18- Police CITY OF SAN BERNf IDINO - REQUEST F1'_ "R COUNCIL ACTION
From: DANIEL A. ROBBINS Subject: RENEWAL OF AGREEMENT BETWEEN CITY OF SAN
CHIEF OF POLICE BERNARDINO PLUS WILLIAM S. LANE (POLY-
Dept: POLICE GRAPHIST) , DBA INTERNAL CONTROL TO PROVIDE
PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR
Date: MAY 6, 1993 LAW ENFORCEMENT TRAINEES, LATERALS AND PRE-
SERVICE AND RESERVE POI Tf F OEETLLR �roN_
Synopsis of Previous Council action:
5-18-92 -- Resolution #92-165, adopted by Mayor and Common Council . Agreement
with William S. Lane (Polygraphist) , Internal Control .
Recommended motion:
Adopt Resolution
f
f
Signature
Community
Contact person: Sherrie Guerrero,Service Representative III Phone: 384-5696
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: $15,000 Source: 001-224-53150 General Fund
Finance: Z'6t x _c
Council Notes: This entire amount would have to be funded in the 1993/94 budget.
Ly
75.0262 Agenda Item No.
CITY OF SAN BERNf ,RDINO - REQUEST Fr''R 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 law enforcement trainees, lateral police officers,
pre-service applicants and reserve police officer applicants.
The agreement commenced July 1 , 1992, and terminates June 30, 1993.
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 result 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 prospective 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
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 1993 , by the following vote, to wit:
7
COUNCILMEMBERS AYES NAYES ABSTAIN ABSENT
8
NEGRETE
9
CURLIN
10
HERNANDEZ
11
OBERHELMAN
12
OFFICE VACANT
13
POPE-LUDLAM
14
MILLER
15
16
17 City Clerk
18 The foregoing resolution is hereby approved this
19 day of , 1993 .
20
21
Tom Minor, Mayor
22 City of San Bernardino
23
Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City Attorney
27
By
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1 AGREEMENT
2
3 This Agreement, made and entered into at San Bernardino,
4 California, the day of , 1993 , 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 6, 1993
1 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 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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May 6, 1993
j 3 . Term.
2 This agreement shall commence on July 1, 1993 , and
3 terminate on June 30, 1994 .
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 6, 1993
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
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May 6, 1993
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 6, 1993
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 Chief of Police Internal Control
Police Department William S. Lane,
22 466 W. 4th Street Polygraphist
San Bernardino, CA 92401 435 Orange Show Lane
23 Suite 102
San Bernardino, CA 92408
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May 6, 1993
r. l
j 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
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13
BY
14 City Clerk Tom Minor, Mayor
15
16 CONSULTANT
17
18 BY
19 William S. Lane, Polygraphist
20 Approved as to form
and legal content:
21
JAMES F. PENMAN,
22 City Attorney
23
24 BY: 7�. � -►N.
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May b, 1993