REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 5, 2025
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Revenue Agreement with the State of California, Commission on Peace Officer Standards and Training for Supervisory Courses
End
RECOMMENDATION(S)
Recommendation
Approve Revenue Agreement (State Agreement No. C000136-012925), including non-standard terms, with the State of California, Commission on Peace Officer Standards and Training, for the Sheriff/Coroner/Public Administrator to provide supervisory level training courses, in an amount not to exceed $91,183.96, for the period of July 1, 2025 through June 30, 2026.
(Presenter: Carolina Mendoza, Chief Deputy Director, 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). As a Commission on Peace Officer Standards and Training (POST)-certified Regional Training Center, the Sheriff/Coroner/Public Administrator (Department) provides mandated training to law enforcement personnel. The Department receives revenue for providing the training, which is contingent upon the number of students enrolled in the courses.
The State of California’s (State) reimbursement for supervisory level training courses is not to exceed $91,183.96 for four trainings. The Department establishes minimum enrollment standards to ensure sufficient class size to achieve full cost recovery. Sufficient appropriation and revenue have been included in the Department’s 2025-26 recommended budget.
BACKGROUND INFORMATION
Since 1993, the County has entered into annual agreements with POST to provide supervisory level training courses. The revenue agreements and rates of reimbursement are initiated and established annually by POST. Approval of this item will provide reimbursement to the Department for expenses associated with providing supervisory level training courses to students. The Department will be reimbursed by POST at a rate of $22,795.99 per training for the supervisory level training courses, for a total amount not to exceed $91,183.96.
The revenue agreement (Agreement) contains terms and conditions that differ from the County’s standard contract language. The non-standard contract terms and conditions are as follows:
1. The Agreement does not require the State to indemnify the County, as required by County Policies 11-05 and 11-07, including for intellectual property infringement claims.
• The County standard contract indemnity provision requires the contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors, or omissions of any person.
• Potential Impact: The State is not required to defend, indemnify, or hold the County harmless from any claims, including indemnification for claims arising from the State’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of the State’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total Agreement amount.
2. The State requires the County to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, in connection with the performance of the Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Department in the performance of this Agreement.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify the State, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against the State without such limitations and the County could be responsible to defend and reimburse the State for costs, expenses, and damages, which could exceed the total Agreement amount.
3. The Agreement does not list any self-certification provisions or require the State to meet the County’s insurance standards, as required pursuant to County Policies 11-05, 11-07, and 11-07SP.
• County Policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department, and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that the State will be financially responsible for claims that may arise under the Agreement, which could result in expenses to the County that exceed the total Agreement amount.
While the State’s terms and conditions are exceptions to the County’s standard contract language, approval by the Board of Supervisors is necessary for the Department to provide the training covered by the Agreement. County Counsel and Risk Management have reviewed the non-standard language and provided input. The Agreement may be terminated by either party upon 30 days’ advance written notice.
On June 17, 2025, the Department received the contract from POST. The Agreement is retroactive to July 1, 2025, and is being presented to the Board of Supervisors for approval at the earliest available meeting after completion of the required financial and legal reviews.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Grace B. Parsons, Deputy County Counsel, 387-5455) on July 2, 2025; Risk Management (Gregory Ustaszewski, Staff Analyst, 396-9008) on July 2, 2025; and County Finance and Administration (Erika Rodarte, Administrative Analyst, 387-4919) on July 17, 2025.