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HomeMy WebLinkAboutR-2008-086 Ruegsegger Polygraph ServicesRESOLUTION NO. R 2008-86 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Randy Ruegsegger for the provision of polygraph services. WHEREAS, the City of Yakima Police Department requires the assistance of a trained and experienced polygraph technician to perform pre-employment and other polygraph examinations as -needed; and WHEREAS, Randy Ruegsegger has the experience and expertise necessary to provide the required instruction services and is willing to do so in accordance with the terms and conditions of the attached Professional Services Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Professional Services Agreement with Randy Ruegsegger for the provision of polygraph services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Professional Services Agreement" with Randy Ruegsegger for the provision of polygraph services. ADOPTED BY THE CITY COUNCIL this 3rd day of June, 2008. ATTEST: /44401—aLL. City Clerk 0�- PROFESSIONAL SERVICES AGREEMENT • THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter and entered into by and between the City of Yakima, a Washington (hereinafter "City") and Mr. Randy Ruegsegger (hereinafter "Contractor"). WHEREAS, the City of Yakima Police Department requires the and experienced polygraph technician to perform pre-employment examinations as -needed. "Agreement") is made municipal corporation assistance of a trained and other polygraph WHEREAS, Contractor has the experience and expertise necessary to perform the specialized services required by the Police Department. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall provide professional polygraph examination services to the City of Yakima upon request. Contractor shall provide a verbal report within 24 hours of the examination and shall deliver a written report within 72 hours of the examination. Contractor shall provide all specialized equipment and examination facilities and otherwise do all things necessary for or incidental to the performance of these services. 2. Term. This Agreement shall commence upon full execution hereof and shall continue until terminated by either party in accordance with Section 23 of this Agreement. 3. Consideration. As consideration for the services performed pursuant to this Agreement, the City agrees to compensate Contractor at the rate of Two Hundred and Fifty Dollars ($250.00) per polygraph examination. The Contractor shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after services are provided. The City shall make payment to the Contractor within thirty (30) calendar days upon receipt of each invoice/billing. All payments are expressly conditioned upon the Contractor providing services hereunder that are satisfactory to the City. 4. Independent Contractor Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement free from supervision by the City over the methods and details of performance except as provided herein. Additionally, and as an independent contractor, Contractor and its employee(s) shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Contractor or any officer, employee or agent of Contractor and the City. 5. Confidentiality. Contractor agrees that any information received by Contractor during the course of Contractor's performance under the terms of this Agreement that concern the Page 1 investigation of criminal conduct, medical information regarding candidates for public employment, or any and all other confidential information shall be kept in full confidence and shall not be revealed to any other person, firm, organization, or entity without prior written authorization from the City, except as required by law. 6. Warranty. Contractor warrants that all services provided hereunder shall be furnished in a manner consistent with industry standards and the level of professional skill generally acceptable in the industry with regard to the services of this kind. 7. City Employees. Contractor shall not hire any employee of the City to perform any services covered by this Agreement without prior written approval from the City Manager. 8. Title to Property Supplied and Works. All finished or unfinished documents and materials prepared by the Contractor with funds provided by this Agreement shall, at the option of the City, remain the property of the City and shall be forwarded to the City at its request. No material produced in whole or in. part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. 9. Taxes and Assessments. Contractor shall be solely responsible for compensating its employee(s) and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and other deductions from income which may be required by law. 10. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, sexual orientation, or the presence of any sensory, mental or physical disability. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 11. The Americans With Disabilities Act. Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 12. Compliance With Law. Contractor agrees to perform services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 13. No Insurance from City. It is understood the City does not maintain liability insurance for Contractor. Page 2 14. Indemnification and Hold Harmless. Contractor agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, and employees (hereinafter "parties protected") from (a) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (b) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether 'intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to Contractor's performance or non-performance of this Agreement. 15. Insurance Requirements. a. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of professional liability / errors & omissions insurance with a minimum liability limit of One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. 16. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any other person or entity without the prior written consent of the City. 17. Non -Waiver. The waiver by Contractor or the City of the breachof any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. Page 3 18. Damages. If for any reason the Contractor fails to provide the services required under this Agreement, the Contractor shall be liable for any and all additional expenses incurred by the City in securing such services elsewhere. 19. No Conflict of Interest. Contractor represents that he/she does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Further, the Contractor specifically represents that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute monetary amounts to any City employee or officer. Contractor further promises that no portion of the compensation paid to Contractor pursuant to this Agreement shall be paid to any City employee, including but not limited to Yakima Police Officer Rick Schuknecht. 20. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 21. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all prior negotiations, discussions, understandings, and agreements between the parties as to the subject matter hereof, which are hereby declared terminated and of no further force and effect. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 22. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and Contractor. It shall confer no benefits or rights, direct or indirect, on any third persons, including employees of the parties. No person or entity other than the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of each party. 23. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days written notice of termination. 24. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. Page 4 25. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to, their addresses as follows: TO CITY: TO CONTRACTOR: Chief of Police Yakima Police Department 200 S. 3rd Street. Yakima, WA 98901 Randy Ruegsegger 413 North Second Street Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: R. A. Zais, Jr. City Manager DATE: 6/,S/®$" City Contract No. ,,?,06,9•_. 7S City Resolution No. ,Q-aws-8.5 Page 5 CONTRACTOR Randy Ruegsegger DATE: Co- IC -oa CONTRACT NO. IRS FORM 1099 (MIS) The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for certain payments which total an aggregate of $600 or more during the calendar year. When a correct taxpayer identification number, such as a Social Security Tax I.D. number, has not been furnished, the City of Yakima must withhold from payments a tax equal to 31%. To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and for you to avoid the 31% withholding requirement, please complete the items below, sign and date. O F r rJ y H • /� vc_=- 5c = L,c_:2 Name: ,o/3A /2 C --c. (o c t- 2 /°c3 c.=-ce.2.,+ JrJ v I C C= Address: 4-1 3 !`c . n -ST. City: i,,et lea M A State uv A Zip 9 P. j c� C C":4 --C, c�`3 • ci s- ? Work Phone No. j G 7 y„?. -110 -Home-Phone No. rr4x sc>-ctr� as/9 Tax I.D. Number L - m A rt._ c2A r2 vL S� d -=,2 �- l •n o• Social Security Number: Check one: Individual Corporation Partnership Professional Service Corp. Sole Proprietorship Authorized Signature Date (^ / 0 • G cc If you believe payments to you by the City of Yakima are exempt from the Internal Revenue Service reporting requirements, please supply us with an explanation of the exemption with reference to the appropriate Internal Revenue Code Regulations providing for such exemption. NOTE: Even if you subsequently give us your Tax Identification Number, the City of Yakima cannot pay the withheld amount to you. Once the 31% portion has been withheld, you must file a tax return to receive credit for the withheld amount. Page 6 C c --'Y • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. O For Meeting of June 3, 2008 ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute a professional services agreement with Ruegsegger Polygraph Service to provide polygraph services to the Yakima Police Department. SUBMITTED BY: Chief Sam Granato, Police Department CONTACT PERSON/TELEPHONE: Capt. Rod Light 576-6393 SUMMARY EXPLANATION: The attached resolution authorizes the City Manager to execute a professional services agreement with Ruegsegger Polygraph Service. The Yakima Police Department no longer has an in-house polygrapher to conduct pre-employment and investigative polygraphs. Ruegsegger Polygraph Service is able to provide these services to the Yakima Police Department. The attached agreement allows the City to contract with Ruegsegger Polygraph Service to conduct polygraphs at the rate of $250 per polygraph examination. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: /4G,, k ? City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: