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HomeMy WebLinkAboutResolutions - 2024.10.10 - 41518 AGENDA ITEM: Polygraph Services Contract with J.B. Polygraph Services and Consulting, LLC DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, October 10, 2024 7:10 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4512 Motion to approve a polygraph services contract with J.B. Polygraph Services and Consulting, LLC for the period of two years after Purchasing Division and Corporation Counsel final review; further, authorize the Chair of the Board of Commissioners to execute the contract. ITEM CATEGORY SPONSORED BY Contract Penny Luebs INTRODUCTION AND BACKGROUND According to Oakland County Purchasing Policies and Procedures Section 2200.2 Professional Service Contracts with Former County Employees, any professional services contract to be awarded to former County employees shall first be forwarded to the Oakland County Board of Commissioners for review and approval in accordance with procedures set forth by the Board of Commissioners. The professional services contract for polygraph services was placed on the Michigan Inter-governmental Trade Network (MITN), Bid Event 000677, on 7/23/2024 and closed on 8/06/2024. The bid had 107 opportunity matches to the National Institute of Governmental Purchasing (NIGP) Code (not all matches to NIGP code can provide the service), four partial downloads, nine full downloads, and one bid response.The single bid response received is from a former Oakland County Sheriff’s Office employee who previously performed polygraph services. The draft scope of work for the contract with J.B. Polygraph Services and Consulting, LLC is included as Attachment B. The polygraph services contract was competitively bid following the Oakland County Purchasing Policies and Procedures and the Oakland County Board of Commissioners approves the Sheriff’s Office awarding a new contract with J.B. Polygraph Services and Consulting, LLC. POLICY ANALYSIS The attached scope of the contract includes pricing for: • pre-polygraph interviews, polygraph testing, polygraph interpretation of charts, post-test interviews, and compiling written reports. • training for a full-time existing employee with the intention of future polygraph examiner certifications. • availability within 12 hours at the request of a law enforcement agency to perform a polygraph examination in which time is crucial to the investigation. • court testimony and assisting investigators during interview processes. • the scheduling of requested tests. • on-site polygraph services and supervision (no remote services/supervision) Full service flat monthly rate will be $8,250. No fees will be paid for months when zero polygraphs are performed and/or supervised, i.e., 0 polygraphs = $0. BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Curtis Childs, Undersheriff Gaia Piir, Sheriff Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 10/10/2024 AGENDA DEADLINE: 10/20/2024 7:10 PM ATTACHMENTS 1. Polygraph Contractor Service (draft) COMMITTEE TRACKING 2024-10-01 Public Health & Safety - Recommend to Board 2024-10-10 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault (17) No: None (0) Abstain: None (0) Absent: William Miller III, Linnie Taylor (2) Passed Attachment B Scope of Contractor Services This contract includes polygraph services and training/oversight for polygraph certification of an Oakland County Sheriff’s Office employee. The Contractor will train and oversee a full-time employee until the examiner is certified, in addition to completing requested polygraph services. The Contractor will enter into a one-year Professional Services Contract with the option to renew. Contractor services are dependent on approval of funds and have an anticipated start date of October 1, 2024. Contractor Requirements •Contractor has a current Michigan Forensic Polygraph Examiner License. •Contractor is a member in good standing of the Michigan Association of Polygraph Examiners and adheres to the American Polygraph Association standards. •Contractor has at least five years of experience as a polygraph examiner working with law enforcement (including major crimes investigations), having run a minimum of 700 specific issue tests, excluding pre-employment exams. •Contractor experience includes testing in criminal investigations and the preparation of reports and testimony in courts and hearings. •Contractor has conducted a minimum of 25 examinations utilizing an interpreter. •Contractor is proficient in law enforcement databases such as CLEMIS, SmartEcoSystem, IDicore, or equivalent. •Contractor will renew LEIN certification. •Contractor has prior experience in instructing on a one-on-one basis. •Contractor has at least 2 years of experience with the Lafayette Instrument LX6-S 10- Channel USB Win Polygraph machine. Scope of Services All Civil Rights of all examinees will be upheld as required by law, with all the proper forms describing these rights signed by the examinee. The Contractor will conduct polygraphs for the Sheriff’s Office and mentor, train, and proctor a full-time Sheriff’s Office employee to meet their certification requirements and minimum testing standard The Contractor will review all case facts and materials prior to the test with attorneys, prosecutors, and investigating officers when necessary. The examinee will be given a pre-test interview to make sure they are both psychologically and physiologically prepared to submit to the polygraph examination. At the conclusion of the examination, the polygraph results will be interpreted, and reports will be furnished. If requested, the Contractor will conduct interviews with persons who cannot be given polygraph examinations. The Contractor will perform polygraphs using the Lafayette Instrument LX6-S 10-Channel USB Win Polygraph unit. The Oakland County Sheriff’s Office will provide supplies for the units as needed. The Contractor can also use their instrument, provided it meets or exceeds APA standards of practice and the Contractor maintains the unit. The Contractor will perform polygraphs at two locations: Oakland County Sheriff’s Office Oakland County Jail 1200 N. Telegraph Road, 38E 1201 N. Telegraph Rd., 10E Pontiac, MI 48341 Pontiac, MI 48341 The Contractor will provide a schedule of services, including minimum number of hours, expected response time to a polygraph request, and the approximate number of days necessary to schedule examinations: •While the schedule will fluctuate depending on the polygraphs scheduled, a typical week will have a fillable schedule of six to eight polygraphs. Polygraphs average four hours each. •The minimum number of on-site hours will be 14 hours, to include an average of three tests per week and one cancellation. The hours will include preparing for the examination, consulting with the officer-in-charge, conducting the examination and report writing. •Example Schedule would be: o Tuesday – 0900, 13:00, and 16:30 o Wednesday – 09:00 and 13:00 o Thursday – 09:00, 13:00 and 16:30 •Although the State of Michigan requires 25 polygraphs on-site and the remaining 175 polygraphs either on-site or remote, the Contractor will supervise all required 200 licensing polygraphs on-site at the request of the Oakland County Sheriff’s Office. In addition, the Contractor will perform any/all other polygraphs on-site. The Contractor understands the monthly service rate is for on-site services only – remote services are not authorized. •The Contractor has an expected response time of 24 hours for a polygraph request. Emergency polygraphs can be scheduled within hours. Most polygraphs can be scheduled for completion within a week. Insurance is required. See Exhibit I, Contractor Insurance Requirements. Pricing •Includes pre-polygraph interviews, polygraph testing, polygraph interpretation of charts, post- test interviews, and compiling written reports. •Includes training for a full-time existing employee with the intention of future polygraph examiner certifications. •Includes availability within 12 hours at the request of a law enforcement agency to perform a polygraph examination in which time is crucial to the investigation. •Includes court testimony and assisting investigators during interview processes. •Includes the scheduling of requested tests. •Includes on-site polygraph services and supervision (no remote services/supervision) Full service, Flat rate (includes all services as described in the scope) *Monthly Rate:$8,250 *The Contract will be for the proposed fee for all polygraph services listed within the scope and include: 1) polygraphs conducted at: - Oakland County Sheriff’s Office Headquarters Building 38 East - Oakland County Jail Building 10 East - Prisons 2) polygraph supervision at: - Oakland County Sheriff’s Office Headquarters Building 38 East - Oakland County Jail Building 10 East - Prisons 3) no-shows/last-minute cancellations 4) expert witness testimony at various courts No fees will be paid for months when zero polygraphs are performed and/or supervised, i.e., 0 polygraphs = $0.