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Home My WebLink About1998-172 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 98-172 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE-SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement with the County of San Bernardino, for providing pre-employment polygraph 10 examinations for Law Enforcement Trainees, Lateral Police 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Officers applicants, Pre-Service applicants and Reserve Police Officer applicants to the San Bernardino Police Department, which agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. Section 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COUNTY 2 SHERIFF'S DEPARTMENT. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a joint regular meeting thereof, held on the 15th 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day of June , 1998, by the following vote, to wit: COUNCILMEMBERS AYES NAYES ABSENT ABSTAIN ESTRADA x LIEN x ARIAS x SCHNETZ x DEVLIN x ANDERSON x MILLER x ~~~y /6 . C-Uv~ Clerk The foregoing resolution is hereby approved this /7d.._ day of June h Valles, Mayor of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney f, . -v REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION Agree. 98-598 JULY 14,1998 FROM: GARY PENROD, SHERIFF. SHERIFF'S DEPARTMENT SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO, POLICE DEPARTMENT, FOR THE SHERIFF'S DEPARTMENT TO PROVIDE PRE.EMPLOYMENT POLYGRAPH TESTING. RECOMMENDATION: Approve contract with the City of San Bernardino for the Sheriff's Department to provide pre- employment polygraph testing for the City's Police Department. BACKGROUND INFORMATION: The City of San Bernardino has requested the Sheriff's Department provide polygraph testing for law enforcement officer trainees, lateral police officers, pre-service applicants, and reserve police officer applicants. This contract establishes the operating procedures between the agencies and ensures proper remuneration to the County. REVIEW BY OTHERS: This contract has been reviewed by the County Administrative Office and has been reviewed and approved as to form by Deputy County Counsel Kevin Norris. FINANCIAL IMPACT: Revenue generated by this contract will offset the cost of providing the service. No cost to the County. SUPERVISORIAL DISTRICT(S): Fifth District PRESENTER: Mr. Doug Hallen cc: Sheriff Admin.--Linda Tennant w/agreement Contractor w/agreement c/o Sheriff Admin. Auditor w/agreement SBD w/agreement Risk Management CAO-Hughes File w/agreement Rev 07/97 mil AYE 5 AYE 4 BY ITEM 020 E ~ New Vendor Code Oept. Contract Number M Change SC A 98-598 f-- X Cancel SHR County Department Oept. Orgn. Contractor's License No. SHERIFF'S DEPARTMENT SHR SHR County Department Contract Representative Ph. Ext. Amount of Contract ROBERT W. TREMAINE (909) 387-3746 $ Fund I Dept. I Organization 'I Appr. 'I Obj/Rev Source Activity 1 GRC/PROJ/JOB Number AAA SHR SHR 9800 , POLYGR Commodity Code Estimated Payment Total by Fiscal Year FY Amount lID FY Amount 110 Project Name - - Pre~mployment Polygraph FY $ - - Services FY $ - - FOR COUNTY USE ONL Y County of San Bernardino FAS STANDARD CONTRACT 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 San Bernardino Police Department Address 710 North D Street, San Bernardino, CA 92401 hereinafter called CONTRACTOR (909) 384-5722 Phone Birth Date Federal 10 No. or Social Security No. 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 Sheriffs Department (hereinafter referred to as "SHERIFF"); NOW, THEREFORE, the parties hereto agree as follows, I. RELATIONSHIP OF PARTIES: A. SHERIFF shall administer pre-employment polygraph examinations for CONTRACTOR's employment applicants. B. SHERIFF will supply to CONTRACTOR pre-polygraph questionnaires to be complete 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. Page 10f4 . . . E. The policy guidelines established by SHERIFF and used to determine which subjects mayor 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 7:00 p.m. II. COMPENSATION In consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of $1 00 per each examination. CONTRACTOR will be billed monthly for all examinations administered during the month. III. TERM: The term of this contract shall be from July 1, 1998 through June 30, 1999, and may be renewed for successive one-year periods upon written amendment to this contract. 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: Page 2 of 4 ... CONTRACTOR: City of San Bernardino Police Department 710 North D Street San Bernardino, CA 92401 COUNTY: San Bernardino County Sheriff s Department Bureau of Administration/Contracts Unit P.O. Box 569 San Bernardino, CA 92402-0569 V. INDEMNIFICATION: 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. 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 the 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. VI. 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. VII. FULL UNDERSTANDING: This contract represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understandings between the parties. Any amendment to this contract shall be in writing, signed by both parties. Page 3 of 4 ~--- . . ,. :, . .: . This page intentionally left blank. ~ Chair JUL 1 4 1998 SIGNED AND CERTIFIED THAT A COpy OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. County of San By City of Sa ernardino Police Department t e if corporation, company, etc.) Dat By ~ Title 17 /11! ,-- w1,~h Vtl/lu. Address 710 North D Street San Bernardino, CA 92401 eviewed as to Affirmative Action Reviewed for Processing Date "/-/..11 i?'" Date ~ Agency Administrator/CAD Date Page 4 of 4