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