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HomeMy WebLinkAboutContracts & Agreements_158-2021THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY SAN BERNARDINO COUNTY Contract Number SHR21-0007 SAP Number N/A Sheriff/Coroner/Public Administrator Department Contract Representative Telephone Number Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center Kelly Welty, Chief Deputy Director of Sheriff's Administration (909) 387-0640 City of Redlands, Fire Department (hereinafter called CONTRACTOR) Jim Topoleski, Fire Chief (909)798-7600 09/7/2021 — 06/30/2025 Fee for Service Fee for Service 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 pre -employment polygraph examinations for CONTRACTOR's employment applicants, as requested by CONTRACTOR A 2 SHERIFF will supply to CONTRACTOR pre -polygraph questionnaires to be completed by each applicant prior to the polygraph examination A 3 Upon receipt, by SHERIFF, of completed questionnaire(s), each applicant will be scheduled for a pre - examination interview and polygraph examination If during the examination significant response is Standard Contract noted, the examiner will conduct a post-test interview In an attempt to obtain admissions by applicant. 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 September 7, 2021, 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 CA In consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of $200 00 per examination, or the most current rate established by the COUNTY, 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 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 Revised 9/6/2019 or liable for the acts, errors, or omissions of the persons referred for polygraph testing, nor will COUNTY be in anyway 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 Bureau of Administration Contracts Unit 655 East Third Street San Bernardino, CA 92415-0061 Fax Number (909) 387-3444 City of Redlands, Fire Department 35 Cajon Street, Suite 12 Redlands, CA 92373 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 subscnbed by its respective duly authorized officers, on its behalf of Redlands, Fire Department Contractor Authorized Signature Paul T Barich San Berner: ino County Sheriff's Department heriff-Coroner Authorized Signature Horace Boatwright Name of person signing agreement (print or type) Name of person signing agreement (print or type) Mayor Title ATTEST Date 4 Jeanne dson City Clerk Revised 9/6/2019 Undersheriff -Deputy-Chief— Title Date