HomeMy WebLinkAboutContracts & Agreements_252-2022THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
SAN BERNARDINO
COUNTY
Contract Number
SHR-22-0157
SAP Number
N/A
Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director
of Sheriff's Administration
Telephone Number (909) 387-0640
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Redlands PD
12/07/2022 — 06/30/2025
Fee for Service
Fee for Service
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
L:ka\Agrecments‘SDCS, SHERIFF_Polygraplt Agreement•FY22-N63.docx-jm
response is 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 July 1st, 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
C.1 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 (lndemnitees) 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
Revised 9/6/2019
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 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, Toss 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
AD 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 Sheriffs Department
Bureau of Administration Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
Fax Number: (909) 387-3444
City of Redlands
Redlands Police Department
30 Cajon Street
Redlands, CA 92373
chief@redlandspolice.org
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.
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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.
Redlands Police Department
San Bernardino County Sheriffs Department
Contractor Authorized Signature Sheriff -Coroner Authorized Signature
Christopher R. Catren
Kelly Welty
Name of person signing agreement (print or type) Name of person signing agreement (print or type)
Chief of Police Cam.`► C.; 1)-1) i i _o_-41'`. r
Title Titl
12/07/2022
i -.1, s 1-a-3-.
Date Date
Revised 9/6/2019