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Home My WebLink About28- Police CIS' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lee Dean Subject: Renewal of agreement between City of Chief of Police San Bernardino and the San Bernardino Sheriff's Department to provide pre-employment Dept: Police ORIGINAL polygraph examinations for law enforcement trainee, laterals and pre-service and reserve police Date: May 13, 1998 officer applicants Synopsis of Previous Council Action: 6-16-97 -- Resolution 97-179, agreement with the San Bernardino Sheriff's Department Recommended Motion: Adopt Resolution ignature Contact person: Lawrence E. Neigel, Lieutenant Phone 384-5690 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $9,000.00 Source:(Acct. No.) 001-224-5505 Acct. Description) Contractual Services Finance: ,7 Council Notes: Agenda Item No. 20 U1'S r .CI"!Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Renewal of agreement between City of San Bernardino and the San Bernardino Sheriff's Department to provide pre-employment polygraph examinations for law enforcement trainee, laterals and pre-service and reserve police officer applicants. Background: The City of San Bernardino entered into a contractual agreement on 6-16-97, with the San Bernardino Sheriff's Department,to provide pre-employment polygraph testing on reserve police officer, law enforcement trainee, lateral police officer and pre-service applicants. The current resolution 97-179, is covered through June 30, 1998. The San Bernardino Sheriff's Department has adhered to all terms of the agreement and the level and quality of service has been satisfactory. Pre-employment polygraph examinations have proved cost effective by detecting problems within an individual's background in the initial stages of the background investigation rather than at the end of the background process or even after employment. The results of the polygraph examinations are used as an investigative tool in the pre-employment background process. The pre-employment examination can explore the truth or veracity of a perspective police applicant and prior employment history. This is one of two contractors used for this purpose. It is difficult to get polygraphs scheduled in a timely manner when the contractors are doing them for other agencies as well. This allows us flexibility in scheduling so that we can expedite the process. Expediting the process was one of the strong points made in the diversity workshop in 1996 toward improving our recruitment of minority applicants. The number of polygraphs assigned to each contractor are split in a manner based on their availability and workload. Financial Impact: We estimate we will refer approximately 90 applicants (costing $100.00 each) to this vendor this fiscal year, which is a budgeted item. Recommendation: It is our desire to continue using the polygraph examination as part of the selection process and enter into this agreement with the San Bernardino Sheriff's Department. COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO 3 COUNTY SHERIFF' S DEPARTMENT FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL 4 POLICE OFFICERS, PRE-SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS : 7 Section 1 . The Mayor is hereby authorized and directed 8 to execute on behalf of said City an Agreement with the County 9 of San Bernardino, for providing pre-employment polygraph 10 examinations for Law Enforcement Trainees, Lateral Police 11 Officers applicants, Pre-Service applicants and Reserve Police 12 Officer applicants to the San Bernardino Police Department, 13 which agreement is attached hereto, marked Exhibit "A" , and 14 incorporated herein by reference as fully as though set forth at 15 length. 16 Section 2 . The authorization to execute the above- 17 referenced agreement is rescinded if the parties to the 18 agreement fail to execute it within sixty (60) days of the 19 passage of this resolution. 20 21 22 23 24 25 26 27 28 I 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 meeting thereof, held on the 6 day of 1998 , by the following vote, to wit : 7 COUNCILMEMBERS AYES NAYES ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 ARIAS 11 SCHNETZ 12 DEVLIN 13 ANDERSON 14 MILLER 15 16 17 City Clerk 18 The foregoing resolution is hereby approved this 19 day of 1998 . 20 21 Judith Valles, Mayor 22 City of San Bernardino 23 Approved as to form 24 and legal content : 25 JAMES F . PENMAN City Attorney 26 27 By 28 /` / FOR COUNTY USE ONLY E X New Vendor Code Dept. Contract Number aCO M Change C(� /� X Cancel vv SHR A County Department Dept. 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 $ County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number F A S AAA SHR SHR 9800 POLYGR Commodity Code Estimated Payment Total by Fiscal Year STANDARD CONTRACT FY Amount I/D FY Amount I/D Project Name Pre-employment Polygraph FY $ Services FY $ 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 hereinafter called CONTRACTOR Address 710 North D Street,San Bernardino,CA 92401 (909)384-5722 Phone Birth Date Federal ID No.or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Sel forth service to be rendered,amount to be paid,manner of payment,lime 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, 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 1 of 4 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 7:00 p.m. II. COMPENSATION In consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of$100 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. COUNTY OF SAN BERNARDINO ► City of San Bernardino Police Department Chairman, Board of Supervisors (State if corporation, company, etc.) Dated By ► (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN Dated OF THE BOARD. Title Clerk of the Board of Supervisors of the County of San Bernardino. Address 710 North D Street By San Bernardino, CA 92401 Deputy Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing ► ► ► County Counsel Agency Administrator/CAO D Date Date Page 4 of 4 �'b�g*7ARU�N 0 54' _ C I T Y O F r an bernardino R A C H E L C L A R K C I T Y C L E R K July 24, 1998 San Bernardino County Sheriffs Department Attn: Wendy Britt Bureau of Administration/Contracts Unit P.O. Box 569 San Bernardino, CA 92402-0569 Dear Wendy: At the Mayor and Common Council meeting of June 15, 1998, the City of San Bernardino adopted Resolution 98-172, 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. Enclosed are an original agreement and six (6) duplicate original agreements. Please obtain signatures where indicated and return the original agreement to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA 92418. The Mayor has executed said agreements. Please be advised that said resolution would be rescinded if parties fail to execute said documents within sixty (60) days of the passage of this resolution. The documents must be executed and returned to the City Clerk's office no later than Friday, August 14, 1998. If you have any questions, please do not hesitate to call Eileen Gomez at (909) 384-5002. Sincerely, Rachel G. Clark City Clerk RGC:ecg Enclosures P. O. B O X 1 3 1 8 , S A N B E R N A R 0 1 N O , CA 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O . C A L I F O R N I A 92 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 02 F A X - ( 9 0 9) 3 8 4 -5 1 5 8 TO DITTY -( 9 0 9 ) 3 9 4 -5 5 4 0 SENDER: a ■Complete items 1 and/or 2 for additional services. I also Wish to receive the ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this card to you. extra fee): ■Attach this form to the front of the mailpiece,or on the back if space does not v d permit. 1. El Addressee's Address d ■Write'Return Receipt Requested'on the mailpiece below the article number. 2, ❑ Restricted Delivery N ■The Return Receipt will show to whom the article was de iv re the date c delivered. ��-�72 ., o Consult postmaster for fee. a •a 3.Article Addressed to: d d 4a.Article Number SAN BERNARDINO COUNTY SHERIFFS °• DEPARTMENT Z 770 733 920 0 ATTN WENDY BRITT 4b.Service Type In BUREAU OF ADMINISTRATION/ ❑ Registered El Certified IE W C O CONTRACTS UNIT ❑ Express Mail ❑ Insured S o P O BOX 569 1:1 Return Receipt for Merchandise ❑ COD p - a SAN BERNARDINO CA 92402-0569 Date of Delivery w M JUN 25 199 a 1,- 5.Received By:(Print Name) 8.Addressee's Address(Only if requested m LU and fee is paid) L g 6.Signat f- °9 X � w PS rm .;Dec 1 , m tss Domestic Return Receipt y'm v� >_ ao m C p o ru o> W > M `. 0 c N 171- a Cy 3d > > d //�� p p d a m �, 0 0 0 YcUz0] 2 N Nd > Q Z ro d n0 na rn s LL E m a m o CL m m o ¢a a ¢ °, a° 0661 40JeW '008g ulJOj Sd ti Pip I NO C cdAeiL. UNITED STATES POSTAL SERVI 9 d A" PM yb 1` JUN V • Print your ss, and ZIP-eoxk ift4iaWwb OFFICE OF THE CITY CLERK P.O.BOX 1310 i I�!!!f!!11!!�fll��i!!tllflilt�l!l�III1l�littllilflf�lttifltl�l STICK POSTAGE STAMPS TO ARTICLE TO COYER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES lace hall. e�i 1. if you want this receipt postmarked,stick the gummed stub to the right of the return address 0) leaving the receipt attac*d and present the article at a post office sery ice window or hand k to Cr your rural carrier(no extra chargel. c� 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return rn address of the article,date,detach and,retain the receipt,and mail the article. t S (� 3. If you want a return receipt,write the certified mail number end your!lame and address on a m return receipt card,Farm 3811,and attach it to the front of the article by means of the gte va9d ands if*a permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT O REQUESTED adjacent to the number. Q OO 4. If you want delivery restricted to the addressee,or to an authorized agent of the addretsee, O endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If ti return receipt is requested,check the applicable blocks in Kom 1 of Form 3811. a 8. Save this receipt and present it R you make inquiry. 1 02595-93-z-0478 gYARD�N O C I T Y O F an 13ernardino R A C H E L C L A R K C I T Y C L E R K July 15 , 1998 San Bernardino County Sheriff' s Department Attn: Wendy Britt Bureau of Administration/Contracts Unit P.O. Box 569 San Bernardino, CA 92402-0569 Dear Wendy: At the Mayor and Common Council meeting of June 15, 1998, the City of San Bernardino adopted Resolution No. 98-172, 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 . It is imperative that our office receive the signed agreements by Friday, August 14, 1997, or the agreement will become null and void. Please contact our office regarding the status of these documents as soon as possible . If you have any questions, please do not hesitate to call Eileen Gomez at (909) 384-5002 . Sincerely, Rachel Clark City Clark RC:ecg P. 0 . B 0 X 1 3 1 8 S A N 8 E R N A R D 1 N 0 , C A 8 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 , C A L I F O R N I A 9 2 4 1 8 0 0 0 1 ( 8 0 8 ) 3 8 4 - 5 0 0 2 ( 8 0 8) 3 8 4 - S 1 0 2 F A X - ( 8 0 8 ) 3 8 4 - S 1 S 8 T 0 D/T T Y - ( 8 0 9 ) 3 8 4 -5 5 4 0 SAN a RNAAD GARY PENROD,SHERIFF July 22, 1998 Ms. Rachel G. Clark, City Clerk City of San Bernardino P. O. Box 1318 San Bernardino, CA 92402 Dear Ms. Clark: Enclosed is an executed copy of the contract between the City of San Bernardino and the Sheriff's Department for the Sheriff's Department to provide pre-employment polygraph testing for the police department. This copy is for your records. Sincerely, GARY S. PENROD, SHERIFF ROBERT W. TREMAINE, Sheriff's Services Coordinator Sheriff's Bureau of Administration GSP/RWT/Irt Enclosure SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino,California 92415-0061 Post Office Box 569 • San Bernardino,California 92402-0569