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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. 20 21 22 23 24 25 26 27 28 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 . 27 28 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 . 26 27 28 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. 28 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 24 25 26 27 28 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 25 26 27 28 h 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 T 0 D/T T Y - ( 9 0 9 ) 3 8 4 -S S 4 0 c' SENDER: v ■Complete items 1 and/or 2 for additional services. I also wish to receive the yr ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. a; j ■Attach this form to the front of the mailpiece,or on the back if space does not 1. El Addressee's Address •� P permit. m ■Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery N ■The Return Receipt will show to whom the article was delivered and the date c delivered. 98-171 Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number iv WILLIAM S LANE POLYGRAPHIST Z 770 733 918 c E INTERNAL CONTROL 4b.Service Type o ¢ 0 394 ORANGE SHOW LANE El Registered B 'Certified cn rn cn SAN BERNARDINO CA 92408 ❑ Express Mail ❑ Insured c .y oWC ❑ Return Receipt for Merchandise ❑ COD 0 7.Date of Delivery z V a X y 5. Received By: (Print Name) 8.Addressee's Address(Only if requested c W and fee is paid) t ¢I I-- 6.Signature: (Addressee o X PS Form 3811, De tuber 1994 Domestic Return Receipt 0 z o L c CO 0 m�� m T, > O.0 4— U� H 3 H am ; yam �}/. > > a ® •V l., y « o C > �N d C C y 00 o m > V z io o > > n m N d v p o d Z np n°v m O z 0 u Q O , l C LL O d ¢ E ¢c a° Y a m r^9I O N N a m N U C>L C W J y E $ a0i O O N m a N m m O 0 O ¢ ¢o H a d £66 L 43JUN `O08E u"oJ Sd f UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box • 1 i OFFICE OF THE CITY CLERK I f'. o, BOX"1318 1 SAN t3E7! fiSr71N0, CA 324O2 t { f 1 1 e STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Ism front). m 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address i i leaving the receipt attachBd and present the article at a post office service window or hand it to � your rural carrier(no extra charge). r Cl) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return rn address of the article,date,detach and retain the receipt,and mail the article. rn s 3. If you want a return receipt,write the certified mail number and your name and address on a ro return receipt card,Form 3811,and attach it to the front of the article by means of the gummed g ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. C 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, co endorse RESTRICTED DELIVERY on the front of the article. M E 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If 6 LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. in CL 6. Save this receipt and present it if you make inquiry. 102595-93-Z-0478