2019/12/19 San Bernardino, County Pre-Polygraph ServicesTHE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
SAN BIiRNARI)INO
COUNTY SAP Number
S heriff/Goroner/Pu bl ic Adm i nistrator
Department Contract Representative
Telephone Number
John Ades, Captain
(909) 387-0640
Contractor City of Menifee, Menifee Police
Department (hereinafter called
coNTRACTOR)
Tiffani Sik
(951) 723-3887
o1to6l20 - 6t30t20
$0
$0
$0
4430001000
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 mutually agree as follows:
A. SCOPE OF AGREEMENT
A.'l SHERIFF shall administer the following:
A.1.1 Polygraph examinations required in criminal law and justice agency cases.4.1.2 Polygraph examinations of individuals involved in internal affairs investigations.
4.2 SHERIFF will supply to CONTRACTOR pre-polygraph questionnaires to be completed by each subject
prior to the polygraph examinalion.
Standard Contract
_!Contract Number
sHR19-0004
/
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Tota! Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
A.3
A.4
A.5
A.6
4.7
Upon receipt, by Sheriff, of completed questionnaire, each subject will be scheduled for a pre-
examination interview and polygraph examination. lf during the examination any deception is noted,
the examiner will conduct a post-examination interview in an attempt to obtain admissions by subject.
Upon completion of the polygraph examination, a written report will be submitted to CONTRACTOR by
SHERIFF, within five (5) working days.
lf audio/video records are required, CONTRACTOR shall provide to SHERIFF all digital video discs
(DVD) required for examination purposes.
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. ln all instances, a fully qualified
and licensed polygraphist shall be assigned.
Normal duty hours of polygraph examiners for purposes of this Agreement shall be Monday through
Friday from 8:00 a.m. until 6:00 p.m.
A.TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on January 6, 2020, or upon the date of approval
by the SHERIFF, whichever is later, and ending on June 30, 2020. 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.
ln 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.
FtscAL PROVTSTONSC.1 ln consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of $315.00
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.
C.2 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 lnvestigations Division al (909) 387-0625.
B
Standard Contract
A INDEMNIFICATION AND INSURANCE REQUIREMENTSD.1 Mutuallndemnification
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 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 or liable for the acts, errors, or omassions 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.
o.2 Comparative Fault
ln 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.3 SelfJnsurance
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 laabilities arising out of the performance of the terms, conditions or
obligations of this Agreement.
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 Iacsimile, or deposited in the
United States mail, postage prepaid, and addressed to the other party as follows:
B
San Bernardino County Sheriff's Department
Bureau of Administration 010
655 East Third Street
San Bernardino, CA 92415-0061
Fax Number: (909) 387-3444
City of Menifee
Menifee Police Department
29844 Haun Road
Menifee, CA 92586
c
Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed
as provided in this paragraph.
ENTIRE AGREEMENT
This Agreement represents the final, complete and exclusive agreement between the parties hereto. Any
prior agreement, promise, negotiations or representalions 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
Standard Contract
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.
lN 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.
City of Menifee Authorized Signature
ARMANDO G. VILLA
CIryMANAGER
CIryOF MENIFEE
San Bernardino County Sheriff's Department
rl"l,-
, Date
City of Menifee
Menifee Police Department
g,,tf'1[i. -
Sh ner Authorized Signature
JohnAdes
Name of person signing agreement (print or type)Name of person signing agreement (print or type)
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Standard Contract
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