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HomeMy WebLinkAboutContract 1873 SAN BERNARDINO COUNTY JOHN McMAHON,SHERIFF-CORONER May 26, 2020 Justin Lomeli San Bernardino County Sheriff's Department, Contracts Unit 655 East 3rd Street San Bernardino, CA 92415-0061 SUBJECT: FULLY EXECUTED ORIGINAL FOR PARTICIPATION IN THE POLYGRAPH SERVICES PROGRAM Greetings, Attached for your records is a fully executed original of your contract for participation in the San Bernardino County Sheriff/Coroner/Public Administrator's Polygraph Services Program effective July 1, 2020 through June 30, 2025. No further action is needed at this time. If you need further assistance, please contact me at (909) 387-0684 or via email at jlomeli(a�sbcsd.orq. Sincerely, JOHN McMAHON, SHERIFF-CORONER Justin L• -Ii, Staff Analyst Bureau of Ad .nistration JM/JA/JT/j1 Enclosures SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino, California 92415-0061 Post Office Box 569 • San Bernardino, California 92402-0569 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY 411 Contract Number SHR20-0044 SAN BERNARDINO COUNTY SAP Number N/A Sheriff/Coroner/Public Administrator Department Contract Representative John Ades, Captain Telephone Number (909) 387-0640 Contractor City of Cathedral City, Cathedral City Police Department (hereinafter called CONTRACTOR) Contractor Representative George Crum Telephone Number (760) 770-0300 Contract Term 07/01/2020 — 6/30/2025 Original Contract Amount Amendment Amount Total Contract Amount Cost Center 4430001000 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, CONTRACTOR is a recognized public entity organization and desires to contract for polygraph services; AND WHEREAS, COUNTY can provide said service through the Sheriff/Coroner/Public Administrator's Department (hereinafter referred to as "SHERIFF"); NOW, THEREFORE, the parties mutually agree as follows: A. SCOPE OF AGREEMENT A.1 SHERIFF shall administer the following types of polygraph services as requested by CONTRACTOR: A.1.1 Pre-employment polygraph examinations. A.1.2 Polygraph examinations required in criminal law and justice agency cases. A.1.3 Polygraph examinations of individuals involved in internal affairs investigations. A.2 SHERIFF will supply to CONTRACTOR pre-polygraph questionnaires to be completed by each subject prior to the polygraph examination. Standard Contract A.3 Upon receipt, by SHERIFF, of completed questionnaire(s), each subject will be scheduled for a pre- examination interview and polygraph examination. If during the examination significant response is noted, the examiner will conduct a post-test interview in an attempt to obtain admissions by subject. Additional testing may be conducted at that time as needed. A.4 Upon completion of the polygraph examination, a written report will be submitted to CONTRACTOR by SHERIFF, within five (5) working days. A.5 If audio/video records are required, CONTRACTOR shall provide to SHERIFF all digital video discs (DVD) required for examination purposes. A.6 The SHERIFF of San Bernardino County, or his duly authorized designee, shall control the assignment of polygraph examiners under this Agreement, at his sole discretion. In all instances, a fully qualified and licensed polygraphist shall be assigned. A.7 Normal duty hours of polygraph examiners for purposes of this Agreement shall be Monday through Friday from 7:00 a.m. until 5:00 p.m. B. TERM AND TERMINATION The term of this Agreement shall be for a period commencing on July 1, 2020, or upon the date of approval by the SHERIFF, whichever is later, and ending on June 30, 2025. Notwithstanding the foregoing, this Agreement may be terminated at any time, with or without cause, by CONTRACTOR or by COUNTY, upon written notice given to the other party at least thirty (30) days prior to the date specified for said termination. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other, accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Notwithstanding the foregoing, COUNTY may terminate this Agreement at any time, without advance notice to CONTRACTOR, in the event CONTRACTOR fails to comply with any term of this Agreement. SHERIFF shall have the authority to exercise the COUNTY's rights and authority under this Agreement, including the right to give notice of termination of this Agreement, at his sole discretion. C. FISCAL PROVISIONS C.1 In consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of$188.00 per pre-employment examination and/or a sum of $315.00 per criminal case or internal affairs investigation examination. The most current rates established by the COUNTY shall be updated July 1 of each year. CONTRACTOR will be invoiced monthly for all examinations administered during the prior month. Payment shall be due within forty-five (45) days from the date of each invoice. C.2 CANCELLATION POLICY: CONTRACTOR agrees to pay the full cost of any scheduled polygraph examination unless the appointment has been cancelled more than twenty-four (24) hours prior to the scheduled time, by calling the SHERIFF's Specialized Investigations Division at (909) 387-0625. D. INDEMNIFICATION AND INSURANCE REQUIREMENTS D.1 Mutual Indemnification The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its authorized officers, employees, agents, and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising from CONTRACTOR's negligent acts, errors, or omissions, including, but not limited to, acts, errors or omissions concerning referral for polygraph testing, obtaining any necessary consent for the procedures to be performed under this Agreement, and/or the use or dissemination of the polygraph, interview, or pre-polygraph questionnaire results, and for any costs or expenses incurred by COUNTY on account of any claim therefor, except where such indemnification is prohibited by law. The COUNTY agrees to indemnify and hold harmless the CONTRACTOR and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from COUNTY's Revised 9/6/2019 negligent acts or omissions in administering the polygraph tests, interviews, and pre-polygraph questionnaires and for any costs or expenses incurred by CONTRACTOR on account of any claim therefor. Notwithstanding the above indemnity, in no event will the COUNTY be in any way responsible or liable for the acts, errors, or omissions of the persons referred for polygraph testing, nor will COUNTY be in any way responsible or liable for CONTRACTOR's use or dissemination of any data or reports provided to the CONTRACTOR regarding the polygraph testing and/or interviewing or failure to obtain any required consent to the polygraph testing or use or dissemination of test, interview, or questionnaire results. D.2 Waiver of Subrogation Rights The CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR'S employees or agents from waiving the right of subrogation prior to a loss or claim. The CONTRACTOR hereby waives all rights of subrogation against the County. D.3 Comparative Fault In the event that the COUNTY and/or CONTRACTOR are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, the COUNTY and/or CONTRACTOR shall indemnify the other to the extent of its comparative fault. D.4 Self-Insurance COUNTY and CONTRACTOR are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. E. NOTICES All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows: San Bernardino County Sheriff's Department City of Cathedral City Bureau of Administration Contracts Unit Cathedral City Police Department 655 East Third Street 68-700 Avenida Lalo Guerrero San Bernardino, CA 92415-0061 Cathedral City, CA 92234-1208 Fax Number: (909) 387-3444 Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph. F. ENTIRE AGREEMENT This Agreement represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promise, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will. Any amendment to this Agreement shall be in writing signed by both parties. Revised 9/6/2019 IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Agreement to be subscribed by its respective duly authorized officers, on its behalf. Cathedral City Police Department San Bernardino County Sheriff's Department Contrac r Authorized Signature Sheriff-Coroner Authorized Signature GEo�E" C2 ' John Ades Name of person signing agreement (print or type) Name of person signing agreement (print or type) G'/i/6-x- aF Paz-ice- G.AFrit ki Title Title MAY 1 4 2020 Date Date Revised 9/6/2019