HomeMy WebLinkAboutA5306 - SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT POLYGRAPH SERVICES REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
July 28, 2009
FROM: ROD HOOPS, Sheriff-Coroner
Sheriffs Department
SUBJECT: CONTRACT WITH VARIOUS GOVERNMENTAL AGENCIES FOR THE
SHERIFF'S DEPARTMENT TO PROVIDE POLYGRAPH SERVICES
RECOMMENDATION(S)
Approve contracts with the following 13 agencies for the Sheriff's Department to provide
polygraph examinations at a rate of $150 per pre-employment and $275 per criminal or internal
investigation for the contract term of July 1, 2009 through June 30, 2012:
a. City of Banning Agreement No. 09-716
b. City of Blythe Agreement No. 09-716
c. City of Cathedral City Agreement No. 09-717
d. City of Corona Agreement No. 09-718
e. City of Desert Hot Springs Agreement No. 09-719
f. City of Hemet Agreement No. 09-720
g. City of Indio Agreement No. 09-721
h. City of Montclair Agreement No. 09-722
i. City of Murrieta Agreement No. 09-723
j. City of Palm Springs Agreement No. 09-724
k. City of Rialto Agreement No. 09-725
I. City of Riverside Agreement No. 09-726
m. County of Riverside. Agreement No. 09-727
(Affected Districts: All)
(Presenter: Dennis J. Casey, Captain, 387-3637)
BACKGROUND INFORMATION
The Sheriff's Department (Department) provides polygraph services to local law enforcement for
pre-employment screenings, criminal and internal investigations. The Department currently has
13 active contracts for polygraph services and in 2006-07 re-wrote the majority of these contracts
to include a rate increase from $100 to $150 per pre-employment screening and $175 to $275 per
criminal and internal investigation polygraph examination. These rates are based upon
examination time, clerical time, software, and computer equipment depreciation, and are
consistent with polygraph fees in the current county fee ordinance (Section 16.0226 (u)).
Page 1 of 2
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BOARD OF SUPERVISORS
CONTRACT WITH VARIOUS GOVERNMENTAL AGENCIES FOR THE
SHERIFF'S DEPARTMENT TO PROVIDE POLYGRAPH SERVICES
J U LY 28, 2009
PAGE 2 OF 2
The 13 proposed three-year renewal contracts maintain the same polygraph exam rates but add
a 24-hour cancellation policy to the Agreement. The insurance and indemnification provisions
have been updated according to the current County standard practice. The proposed contracts
establish the operating procedures between the agencies to ensure proper cost recovery to the
County. These contracts would be in effect for three (3) years and provide for termination in
writing with thirty (30) days notice.
FINANCIAL IMPACT
There is no local cost impact related to this item. The estimated annual revenue generated by all
fee-for-service polygraph contracts is $75,000; actual revenue for each will vary based upon the
number of polygraph examinations conducted. The estimated annual revenue for polygraph
services fully offsets the cost of providing this service and was included in the Department's
2009-10 budget.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Steven Singley, Deputy County Counsel, 387-
4271) on May 13, 2009 and the County Administrative Office (Matthew Erickson, Administrative
Analyst, 387-3937) on July 2, 2009.
7/28/09#30
FORCOUNTYUSEONLY 1 —,° -'
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MI New Vendor Code Dept. Contract Number
Nr
e BE. AR
SAN BE RDIN Change SCSHR 1/`J'✓/
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County Department Dept. Orgn. Contractor's License No.
SHERIFF SHR SHR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino DENNIS J. CASEY (909)387-0640
F A S Contract Type
Revenue 171 Encumbered 17 Unencumbered 1771 Other:
STANDARD CONTRACT If not encumbered or revenue contract type,e, rovide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
07-01-09 06-30-12
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
AAA SHR SHR 9800 POLYGR
Fund Dept, Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Polygraph Services 2009-12 FY Amount I/D FY Amount I/D
Contract Type 1
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the COUNTY, and
Name
City of Palm Springs hereinafter called CONTRACTOR
Address Palm Springs Police Department
200 South Civic Drive
Palm Springs, CA 92262-7201
Telephone Federal ID No.or Social Security No.
(760) 323-8116
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda, if any.)
WHEREAS, CONTRACTOR desires to contract for polygraph services; AND
WHEREAS, COUNTY can provide said service through the Sheriff's Department (hereinafter referred to
as "SHERIFF");
NOW, THEREFORE, the parties hereto agree as follows,
Auditor/Controller-Recorder Use Only
❑Contract Database ❑FA5
Input Date Keyed By
Page 1 of 7
I. RELATIONSHIP OF PARTIES.
A. SHERIFF shall administer the following:
1. Pre-employment polygraph examinations for CONTRACTOR's employment applicants, as
requested by CONTRACTOR.
2. Polygraph examinations required in criminal law and justice agency cases.
3. Polygraph examinations of individuals involved in internal affairs investigations.
B. SHERIFF will supply to CONTRACTOR pre-polygraph questionnaires to be completed by each
subject prior to the polygraph examination.
C. Upon receipt, by Sheriff, of completed questionnaire, each subject will be scheduled for a pre-
examination interview and polygraph examination. If during the examination any deception is
noted, the examiner will conduct a post-examination interview in an attempt to obtain admissions
by subject.
D. Upon completion of the polygraph examination, a written report will be submitted to
CONTRACTOR by SHERIFF, within five (5) working days.
E. The policy guidelines established by SHERIFF and used to determine which subjects may or may
not be tested as well as other pertinent policy information, are incorporated herein by reference.
All examinations and related services shall be conducted in accordance with said SHERIFF's
policy. A copy of said guidelines shall be furnished to CONTRACTOR and CONTRACTOR shall
acknowledge receipt of said policy guidelines prior to the commencement of services hereunder.
Additionally, a copy of said guidelines shall be maintained by SHERIFF for review by any
interested third party.
F. If audio/video records are required, CONTRACTOR shall provide to SHERIFF all audio and/or
videocassette tapes required for examination purposes.
G. The Sheriff of San Bernardino County, or his duly authorized designee, shall control the
assignment of polygraph examiners under this contract, at his sole discretion. In all instances, a
fully qualified and licensed polygraphist shall be assigned.
H. Normal duty hours of polygraph examiners for purposes of this contract shall be Monday through
Friday from 8:00 a.m. until 6:00 p.m.
I. If it is determined that a tested subject was under the influence of drugs or alcohol at the time of
the polygraph examination, a retest will be performed at no cost to the CONTRACTOR.
II. CONSIDERATION.
A. In consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of
money as detailed in the "Schedule A" attached hereto and incorporated herein by reference.
CONTRACTOR will be billed monthly for all examinations administered during the month.
Page 2 of 7
B. CANCELLATION POLICY: CONTRACTOR agrees to pay the full cost of any scheduled
polygraph examination unless the appointment has been cancelled within twenty-four (24) hours
prior to the scheduled time, by calling the SHERIFF's Specialized Investigations Division at (909)
387-0625.
C. COUNTY shall have the right to negotiate the rate charged for services performed under this
contract at the end of each fiscal year for the ensuing fiscal year, and said rate may be adjusted
upward or downward to reflect the actual cost.
III. TERM AND TERMINATION.
The term of this contract shall be for a period of three years commencing on July 1, 2009.
Notwithstanding the foregoing, this contract may be terminated at any time, with or without cause, by
CONTRACTOR or by SHERIFF, upon written notice given to the other at least thirty (30) days prior to
the date specified for such termination. Any such termination date shall coincide with the end of the
calendar month. 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 specified for such
termination. Neither party shall incur any other liability to the other by reason of such termination.
IV. NOTICES.
Any and all notices required to be given hereunder, shall be given in writing by registered or certified
mail, postage prepaid. The addresses of the parties hereto, until further notice, are as follows:
CONTRACTOR: City of Palm Springs
Palm Springs Police Department
200 South Civic Drive
Palm Springs, CA 92262-7201
COUNTY: San Bernardino County Sheriff's Department
Bureau of Administration
P.O. Box 569
San Bernardino, CA 92402-0569
V. INDEMNIFICATION.
A. The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its
authorized officers, employees, agents, and volunteers 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 contract, 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. In the event that the CONTRACTOR and/or the
COUNTY are determined to be comparatively at fault for any claim, action, loss or damage which
results from their respective obligations under this Agreement, the CONTRACTOR and/or the
COUNTY shall indemnify the other to the extent of its comparative fault.
Page 3 of 7
B. 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 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. In the event that the COUNTY and/or
the 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 the CONTRACTOR shall indemnify the other to the extent of its comparative fault.
VI. INSURANCE.
The CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If
the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does
not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the
existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract
services.
Without in any way affecting the indemnity herein provided and in addition thereto, the CONTRACTOR
shall secure and maintain throughout the contract the following types of insurance with limits as shown:
A. Workers' Compensation/Employer Liability — A program of Workers' Compensation insurance or a
state-approved self-insurance program in an amount and form to meet all applicable requirements
of the Labor Code of the State of California, including Employer's Liability with $250,000 limits,
covering all persons including volunteers providing services on behalf of the CONTRACTOR and
all risks to such persons under this contract.
If CONTRACTOR has no employees, it may certify or warrant to the COUNTY that it does not
currently have any employees or individuals who are defined as "employees" under the Labor
Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY's
Director of Risk Management.
With respect to CONTRACTORS that are non-profit corporations organized under California or
Federal law, volunteers for such entities are required to be covered by Workers' Compensation
insurance.
B. Additional Insured -- All policies, except for Worker's Compensation, Errors and Omissions, and
Professional Liability policies, shall contain endorsements naming the COUNTY and its officers,
employees, agents, and volunteers as additional named insureds with respect to liabilities arising
out of the performance of services hereunder. The additional insured endorsements shall not limit
the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the
COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at
least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
C. Waiver of Subrogation Rights — CONTRACTOR shall require the carriers of the above required
coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents,
Page 4 of 7
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. Proof of Coverage — CONTRACTOR shall furnish Certificates of Insurance to the Sheriff's
Department to the address referenced in Paragraph IV. or third-party contractor working on behalf
of the COUNTY, evidencing the insurance coverage, including endorsements, as required, prior to
the commencement of performance of services hereunder, which certificates shall provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the
Department, and CONTRACTOR shall maintain such insurance from the time CONTRACTOR
commences performance of services hereunder until the completion of such services. Within
fifteen (15) days of the commencement of the contract, the CONTRACTOR shall furnish a copy of
the Declaration page for all applicable policies and will provide complete certified copies of the
polices and endorsements immediately upon request.
E. Deductibles and Self-Insured Retention — Any and all deductibles or self-insured retentions in
excess of $10,000 shall be declared to and approved by Risk Management.
F. Failure to Procure Coverage — In the event that any policy of insurance required under this
contract does not comply with the requirements, is not procured, or is canceled and not replaced,
the COUNTY has the right but not the obligation or duty to cancel the contract or obtain insurance
if it deems necessary and any premiums paid by the COUNTY will be promptly reimbursed by the
CONTRACTOR or COUNTY payments to the CONTRACTOR will be reduced to pay for COUNTY
purchased insurance.
G. Commercial/General Liability Insurance — The CONTRACTOR shall carry General Liability
Insurance covering all operations performed by or on behalf of the CONTRACTOR providing
coverage for bodily injury and property damage with a combined single limit of not less than one
one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
(1) Premises operations and mobile equipment.
(2) Products and completed operations
(3) Broad form property damage (including completed operations).
(4) Explosion, collapse and underground hazards.
(5) Personal injury.
(6) Contractual liability.
(7) $2,000,000 general aggregate limit.
H. Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business
Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The
policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily
injury and property damage, per occurrence.
If the CONTRACTOR is transporting one or more non-employee passengers in performance of
contract services, the automobile liability policy shall have a combined single limit of one million
dollars ($1,000,000) for bodily injury and property damage per occurrence.
If the CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability
policy described above is acceptable.
Page 5 of 7
I. Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply
with limits or other primary coverage requirements. When used, the umbrella policy shall apply to
bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown"
provision providing primary coverage for any liability not covered by the primary policy. The
coverage shall also apply to automobile liability.
VII. EXERCISE OF COUNTY'S RIGHTS AND AUTHORITY.
The Sheriff of San Bernardino County shall have the authority to exercise the COUNTY's rights under
this contract including the right to give notice of termination at his sole discretion.
VIII. FULL UNDERSTANDING.
This contract represents the full and complete understanding of the parties with respect to the subject
matter hereto, and this contract supersedes all prior oral and written agreements or understanding
between the parties with respect to the subject matter hereto. This contract shall be governed by the
laws of the State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court
of California, County of San Bernardino, San Bernardino Division. Any amendment to this contract shall
be in writing signed by both parties.
IX. CONCLUSION.
This contract consisting of seven (7) pages and Schedule A is the full and complete document describing
the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and
benefits.
Page 6 of 7
[This page is intentionally left blank.]
APPROVED BY CITY MANAGER
aA
MPROVED AS TO F M
COUNTY AN BERNA City of Palm Springs
/7 (Print or t e name of corporatio contractor,etc.)
■ By
Gary C. Ov t, an, Board of Su ervisors (Authorized signatu in blue ink)
Cr
Dated: 2 8 2009 Name:-- e „( t or type person s� g
contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS M ��
DOCUMENT HAS B �TO THE Title: L to I \ d G\e—
CHAIRMAN OFT B`QARbI f'l r; (Print orTy `
#;' na M.,Smith M Dated: (0
^'Clerk of tf1"e'Board of Sdpervisors A ST:
of the County of San BeMardino
wPiftC�efflkq Springs Police Department
By ress: 200 South Civic Drive
Palm Springs, CA 92262-7201
'�' ►tetr
Approved as L Form w-;.; Reviewed by Contract Compliance Presents to 5 fo S' t
■ ■ ■
County Counsel by S ev Singl eput Department Head
� D Date Date Date
Page 7 of 7
SCHEDULE W
POLYGRAPH EXAMINATION RATES
I. FEE FOR SERVICES:
A. Pre-Employment Polygraphs $150.00
B. Criminal Case Polygraphs. $275.00
C. Internal Affairs Investigation Polygraphs. $275.00
D. Polygraphs performed after normal duty hours & on $350.00
scheduled holidays (includes necessary overtime).
II. OTHER COSTS:
A. "No shows" on any scheduled polygraph not cancelled Full Cost
twenty-four (24) hours prior to scheduled appointment.
B. Meals and Lodging - as incurred (if necessary). Actual Cost
C. Mileage - The IRS allowable rate, which is currently fifty-five
($0.55) cents per mile.
Page 1 of 1
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION �" J/ 3d/v
July 25, 2006
FROM: GARY PENROD, Sheriff-Coroner
Sheriff's Department
SUBJECT: CONTRACTS WITH VARIOUS GOVERNMENTAL AGENCIES FOR THE
SHERIFF'S DEPARTMENT TO PROVIDE POLYGRAPH SERVICES
RECOMMENDATION: Approve contracts with the following agencies for the Sheriffs Department
to provide polygraph examinations at a rate of$150 per pre-employment and $275 per criminal or
internal investigation for the contract term of July 1, 2006 through June 30, 2009.
CONTRACT NO, CONTRACTOR
06-788 City of Palm Springs
06-789 City of Rialto
06.790 City of Riverside
BACKGROUND INFORMATION: The Sheriff's Department provides polygraph services to local
law enforcement agencies for pre-employment screenings, criminal and internal investigations.
The Department currently has 17 active contracts for polygraph services, and is in the process of
re-writing these contracts to include a rate increase from $100 to $150 per pre-employment
screenings and $175 to $275 per criminal and internal investigation polygraph examinations. The
rates for these services were established in 1992-93 and were last increased in 1906-97. These
rates are based upon examination time, clerical time, software, and computer equipment
depreciation, and are consistent with polygraph fees in the current fee ordinance.
The proposed contracts establish the operating procedures between the agencies and ensure
proper cost recovery to the County. These contracts would be in effect for three (3) years and
provide for termination upon 30 days advance written notice.
REVIEW BY OTHERS: This item has been reviewed and approved as to form by County
Counsel (Kevin L. Norris, Deputy County Counsel, 387-5441) on May 25, 2006, and has been
reviewed by the County Administrative Office (Laurie Rozko, Administrative Analyst, 387-8997)
on July 10, 2006.
FINANCIAL IMPACT: There is no local cost impact related to this item. The estimated annual
revenue generated by all fee-for-service polygraph contracts is $100,000; actual revenue for each
will vary based upon the number of polygraph examinations conducted. The estimated annual
revenue for polygraph services fully offsets the cost of providing this service and was included in
the Department's 2006-07 budget.
SUPERVISORIAL DISTRICT(S): All
PRESENTER: Dennis J. Casey, Captain, 387-3637 MIN07-25 r 2P0LYVmuv*0Q
Record of Action of the Board of Supervisors ..
cc Sheriff-Capt. Casey w/agree. AGREEMENTS AS LISTED ABOVE
Contractor w/agree. clo Sheriff APPROVED LENDAR)
Auditor-Mejico w/agreeeement
IDS wlagreement C 30 S- NO
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KOR COUNTY USE ONLY
X fu'+iE""ow ew Vendor Code Contract Number
Change AN SC SHR Cancel 06-788
f County Department Dept. Orgn, Contractors License No.
SHERIFF SHR SHR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino DENNIS J. CASEY 909 387-0640
F A S Contract Type
® Revenue Q Encumbered ❑ Unencumbered ❑ Other:
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason!
Commodity Code Contract Start Date Contract End Date Original Amount AmendmentAmount
Zi UFZN1 M 07/01/06 06/30/09
Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJ/JOBNo. Amount
C„TV OF PALM SPRiNDS AAA SHR SHR 9800 POLYGR
GDX2743 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No- Amount
��Ativt SP!�+aVGS,CR. 92265
Fund Dept. Organization Appr. Obi/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Polygraph Services FY Amount I/D FY Amount VD
Contract Type 2(b)
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter
called the County, and
Name
City of Palm Springs hereinafter called CONTRACTOR
Address Palm Springs Police Department
200 South Civir. Drive
Palm Springs. CA 92262-7201
Telephone Federal ID No.or Social Security No
(760)323-8116
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.)
WITNESSETH
WHEREAS, CONTRACTOR desires to contract for polygraph services; AND
WHEREAS, COUNTY can provide said service through the Sheriff's Department (hereinafter referred
to as "SHERIFF");
NOW,THEREFORE,the parties hereto agree as follows,
I. RE'LATIONS]lTP OF PARTIES.
A. SHERIFF shall administer the followinn:
1. Pre-employment polygraph examinations for CONTRACTOR's employment applicants,
as regncsted by CONTRACTOR.
Page 1 of 6
2. Polygraph examinations required in criminal law and justice agency cases-
3- Polygraph examinations of individuals involved in internal affairs investigations-
B. SHERIFF will supply to CONTRACTOR pre-polygraph questionnaires to be completed by each
subject prior to the polygraph examination.
C. Upon receipt, by Sheriff, of completed questionnaire, each subject will be scheduled for a pre-
examination interview and polygraph examination. If during the examination any deception is
noted, the examiner will conduct a post-examination interview in an attempt to obtain admissions
by subject.
D_ Upon completion of the polygraph examination, a written report will be submitted to
CONTRACTOR by SHERIFF, within five (5) working days.
E. The policy guidelines established by SHERIFF and used to determine which subjects may or
may not be tested as well as other pertinent policy information, are incorporated herein by
reference. All examinations and related services shall be conducted in accordance with said
SHERIFF's policy. A copy of said guidelines shall be furnished to CONTRACTOR and
CONTRACTOR shall acknowledge receipt of said policy guidelines prior to the commencement
of services hereunder. Additionally, a copy of said guidelines shall be maintained by SHERIFF
for review by any interested third party.
F. If audio/video records are required, CONTRACTOR shall provide to SHERIFF all audio and/or
videocassette tapes required for examination purposes.
G. The Sheriff of San Bernardino County, or his duly authorized designee, shall control the
assignment of polygraph examiners under this contract, at his sole discretion. In all instances, a
fully qualified and licensed polygraphist shall be assigned.
H. Normal duty hours of polygraph examiners for purposes of this contract shall be Monday
through Friday from 8:00 a.m. until 6:00 p.m.
I. If it is determined that a tested subject was under the influence of drugs or alcohol at the time of
the polygraph examination, a retest will be performed at no cost to the CONTRACTOR.
II. CONSIDERATION.
In consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of money as
detailed in the "Schedule A" attached hereto and incorporated herein by reference. CONTRACTOR
will be billed monthly for all examinations administered during the month. COUNTY shall have the
Tight to renegotiate the rates for polygraph services provided under this contract at the end of each fiscal
year for the ensuing fiscal year. Any rate change shall be agreed to in writing by both parties in the form
of an amendment to this contract.
Page 2 of 6
III. TERM AND TERMINATION.
The term of this contract shall be for a period of three years commencing on July 1, 2006.
Notwithstanding the foregoing, this contract may be terminated at any time, with or without cause, by
CONTRACTOR or by SHERIFF, upon written notice given to the other at least thirty(30) days prior to
the date specified for such termination. Any such termination date shall coincide with the end of the
calendar month. In the event of such termination, each party shall fully pay and discharge all
obligations in favor of the other accreting 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
specified for such termination. Neither party shall incur any other liability to the other by reason of such
termination.
TV. NOTICES.
Any and all notices required to be given hereunder, shall be given in writing by registered or certified
mail, postage prepaid. The addresses of the parties hereto, until further notice, are as follows:
CONTRACTOR: City of Palm Springs
Palm Springs Police Department
200 South Civic Drive
Palm Springs, CA 92262-7201
COUNTY: San Bernardino County Sheriff's Department
Bureau of Administration
P.O. Box 569
Sat Bernardino, CA 92402-0569
V. INDEMNIFICATION.
A. The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its
authorized officers, employees, agents, and volunteers 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 contract, 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.
B. 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 interred 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 £or 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.
Page 3 of 6
VI. INSURANCE.
Without in any way affecting the indemnity herein provided and in addition hereto, the CONTRACTOR
shall secure and maintain throughout the contract the following types of insurance with limits as shown:
A. Workers' Compensation_ A program of Workers' Compensation insurance or a state-approved
Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employer's Liability with $250,000 limits, covering all
persons providing services on behalf of the CONTRACTOR and all risks to such persons under
this agreement.
If CONTRACTOR has no employees, it may certify or warrant to COUNTY that it does not
currently have any employees or individuals who are defined as "employees" under the Labor
Code and the requirement for Workers' Compensation coverage will be waived by the County's
Risk Manager.
With respect to Contractors that are non-prom corporations organized under California or
Federal law, volunteers for such entities are required to be covered by Workers' Compensation
insurance. If the County's Risk Manager determines that there is no reasonably priced coverage
for volunteers, evidence of participation in a volunteer insurance program may be substituted.
B. Comprehensive General and Automobile Liability Insurance. This coverage to include
contractual coverage and automobile liability coverage for owned, hired and non-owned
vehicles_ The policy shall have combined single limits for bodily injury and property damage of
not less than one million dollars ($1,000,000).
C. Errors and Omissions Liability Insurance. Combined single limits of $1,000,000 for bodily
injury and property damage and$3,000,000 in the aggregate or
D. Professional Liability. Professional liability with limits of at least 51,000,000 per claim or
occurrence.
E_ Additional Named Insured. All policies, except for Worker's Compensation, Errors and
Omissions, and Professional Liability policies, shall contain additional endorsements naming the
COUNTY and its officers, employees, agents, and volunteers as additional named insured with
respect to liabilities arising out of the performance of services hereunder.
F. Waiver of Subrogation Rights. CONTRACTOR shall require the carriers of the above-required
coverages to waive all rights and subrogation against the COUNTY, its officers, employees,
agents, volunteers, contractors, and subcontractors.
G. Policies Primary and Non-Contributory. All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
COUNTY.
1-1. Proof of Coverage. CONTRACTOR shall immediately furnish certificates of insurance to the
Sheriff's Department evidencing the insurance coverage, including endorsements, above
required prior to the commencement of performance of services hereunder, which certificates
Page 4 of 6
shall provide that such insurance shall not be terminated or expire without thirty (30) days
written notice to the Department and CONTRACTOR shall maintain such insurance from the
time CONTRACTOR commences performance of services hereunder until the completion of
such services. Within sixty (60) days of the commencement of the agreement, the
CONTRACTOR shall furnish certified copies of the polices and all endorsements.
I. Insurance Review. The above insurance requirements are subject to periodic review by the
COUNTY. The County's Risk Manager is authorized, but not required, to reduce or waive any
of the above insurance requirements whenever the Risk Manager determines that any of the
above insurance is not available, is unreasonably priced, or is not needed to protect the interest of
the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or
unavailable types of insurance coverage or coverage limits become reasonably priced or
available, the Risk Manager is authorized, but not required, to change the above insurance
requirements, to require additional types of insurance coverage or higher coverage limits,
provided that any such change is reasonable in light of past claims against the County, inflation,
or any other item reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by amendment to
this agreement. CONTRACTOR agrees to execute any such amendment within thirty (30) days
of receipt.
J. The CONTRACTOR may accomplish the insurance requirements herein through a State
approved self-insurance program.
VIL EXERCISE OF COUNTY'S RIGHTS AND AUTHORITY.
The Sheriff of San Bernardino County shall have the authority to exercise the COUNTY's rights under
this contract including the right to give notice of termination at his sole discretion.
VIII. FULL UNDERSTANDING.
This contract represents the full and complete understanding of the parties with respect to the subject
matter hereto, and this contract supersedes all prior oral and written agreements or understanding
between the parties with respect to the subject matter hereto. This contract shall be governed by the
laws of the State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court
of California, County of San Bernardino, San Bernardino Division. Any amendment to this contract
shall be in writing signed by both parties.
IX. CONCLUSION.
This contract consisting of six (6) pages and Schedule A is the full and complete document describing
the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and
benefits.
Rl CONA'DI.YPaluSprinesoGn?Aoc
Page 5 of 6
[This page is intentionally left blank.]
ATTEST:
yfy Clerk
APPROVED AS TO FORM:
COUNTY OF SyOERNAR �� City of Palm Springs
(Print or type name of cc on,company,contractor,etc.)
Bill Postmus, Chairman, Board of Supervisors (Autnori2ed ure-sign in blue ink)
Dated: JUL 2 5 2906 Name awgc -
(Print or type name ofpemog signing Contract)
SIGNED AND CERTIFIE PY OF THIS r
DOCUMENT HAS BE b ^Iguj� THE Title 1 � L
CHAIRMAN OF TH 4t' Pri r7ype)
'e of d s isors Dated: 10L
Fbf e� an tuna !no.
URN ARDIN ' Palm Springs Police Department
By Address 200 South Civic Drive
ly
lei
a Palm Sorincls• CA 92262-7201 -i
ti r
Approved a Legal Fo J�r9�b O CQ emewed by Contract Compliance Presen d to bus r i slat e
C ty Counse,by evin L.Norris,Deputy Department Head
Date Date Date
Auditor/Controller-Recorder Use Onl
❑Contract Database ❑FAS 'I
,.Input Date. - Keye�6y
Page 6 of 6
SCHEDULE W
POLYGRAPH FXAMINATTON RATES
I. FEE FOR SERVICES:
A. Pre-EinploymentPolygraphs S150.00
B. Criminal Case Polygraphs. $275.00
C. Tnternal Affairs Investigation Polygraphs. $275.00
D. Polygraphs performed after normal duty hours &on $350.00
scheduled holidays (includes necessary overtime).
TI. OTHER COSTS:
A. "No shows" on after-how polygraphs. $75.00
B. Overtime -Billed at the current rates for the employee Actual Cost
performing the test_
C_ Meals and Lodging- as incurred (if necessary). Actual Cost
D. Mileage -The IRS allowable rate, which is currently forty-four
and a half cents ($0.445) per mile.
Page 1 of 1
,�COUIVTY_ 1
bw
GARY PENR00,SHERIFF-CORONER
August 1, 2006
Gary 7eandron, Chief of Police
City of Palm Springs
Palm Springs Police Department
200 South Civic Drive
Palm Springs, CA 92262-7201
Dear Chief Jeandron:
Enclosed is one fully executed copy of Contract No. 06-788 between the City of Palm Springs
and the County of San Bernardino for the Sheriff's Department to provide polygraph services for
the City's Police Department. Also enclosed is one fully executed Report/Recommendation to
the Board of Supervisors of San Bernardino County.
These documents are for your records.
Sincerely,
GARY PENROD, SHERIFF-CORONER
i
WENDY BRITT, Sheriff's Administrative Manager
Sheriffs Bureau of Administration
GP/WB/jb
Enclosures
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
655 East Third Street . San Bernardino,California 92415.0061 Posi Office Box 569 . San Bernardino,California 92402.0569