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
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PROFESSIONAL SERVICES AGREEMENT
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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
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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.
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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.
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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.
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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.
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C c --'Y
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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: