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Home My WebLink About1995-404 .' 1 RESOLUTION NO. 95-404 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE 3 COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR EQUIPMENT AND USER ACCESS INTO THE NATIONAL LAW ENFORCEMENT 4 TELECOMMUNICATION SYSTEM (NLETS) AND THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (CLETS). 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City a 9 contract between the County of San Bernardino and the City of San 10 Bernardino for equipment and user access into the National Law 11 Enforcement Telecommunication System (NLETS) and the California Law 12 Enforcement Telecommunication System (CLETS), a copy of which is 13 attached hereto marked Exhibit "A" and incorporated herein by 14 reference as fully as though set forth at length. 15 SECTION 2. The authorization to execute the above- 16 referenced agreement is rescinded if the parties to the agreement 17 fail to execute it within sixty (60) days of the passage of this 18 resolution. 19 \ \ \ 20 \ \ \ 21 \ \ \ 22 \ \ \ 23 \ \ \ 24 \ \ \ 25 \ \ \ 26 \ \ \ 27 1 28 iI- "I lff il~/ .- " 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE 2 COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR EQUIPMENT AND USER ACCESS INTO THE NATIONAL LAW ENFORCEMENT 3 TELECOMMUNICATION SYSTEM (NLETS) AND THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (CLETS). 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 6 Bernardino at a 7 the 20th day of 8 vote to wit: 9 Council Members 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 regular meeting thereof, held on November , 1995, by the following AYES NAYS ABSTAIN ABSENT x x x x x x x 18 ~~ The foregoing resolution is hereby approved this';;'l:A:... day 19 20 of November , 1995. 21 23 ~)'i1i~ Tom Minor, Mayor City of San Bernardino 22 Approved as to form 24 and legal content: 25 JAMES F. PENMAN City torney 26 27 28 95-404 Sheriff-G,m'l; Inc. Cities-SB; Agree. 95-1062 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA DECEMBER 12, 1995 FROM: GARY PENROD, SHERIFF SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO FOR ACCESS TO THE SHERIFF'S LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) AND MAINTENANCE OF RELATED EQUIPMENT. RECOMMENDATION: Approve contract with the City of San Bernardino for access to the California Law Enforcement Telecommunications System and maintenance of the related equipment. REASON FOR RECOMMENDATION: By State mandate the Sheriffs Department oversees the local switching center wJ->ich allows access to the California Law Enforcement Telecommunications System b} other local law enforcement entities. In turn, the Department contracts with these entities for telecommunications to spread the overall costs of the computerized system among all the agencies using the system. This contract provides for ongoing access to the telecommunications system, and continued maintenance of the equipment and updates the cost to ensure proper remuneration to the County. REVIEW BY OTHER DEPARTMENTS: This contract has been reviewed by County Risk Management and approved as to form by Deputy County Counsel Kevin Norris. FINANCIAL IMP ACT: The $7,298 in revenue generated by this contract was included in the Sheriff s Department FY1995-96 budget. No cost to the County. cc: Sheriff Admin.-Linda Tennan w/6 agreements for sig. City of San Bernardino clo Sheriff Admin. Auditor Contract Compliance lSD-Koller Risk Management CAO-Hughes File Action of the Board of Supervisors AGREEMENT NO. 95-1062 MOTION AH ~ 4 5 BY Doputy 14-95007..000 Rev. 10/81 mll ITEM 24 95-404 / J '!;ii I::' _H..... ::I \ _ "_M'~ ! ''1:1 E New M I Change X Cancel County Department FOR COUNTY USE ONL Y . Vendor Code Dept. Contract Number SC SUR A Dept. Orgn. 95-1062 Contractor's License No. SHERIFF SUR SUR County Department Contract Representative Ph. Ex!. Amount of Contract County of San Bernardino AlIA 3B7-3746 Obj/Rev Source 9530 9409530A Estimated Payment Total by Fiscal Year Amount 110 FY Amount 110 FAS STANDARD CONTRACT FY Project Name CLETS ACCESS AND EQUIPMENT 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 Add,... SAN BERNARDINO POLICE DEPARTMENT P. o. BOX 1559 hereinafter called USER AGENCY SAN BERNARDINO, CA 92401-1559 Phone Birth Date Federal ID 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,) I. In this contract, the COUNTY OF SAN BERNARDINO, acting as the administrator of the California Law Enforcement Telecommunication System (CLETS), shall hereafter be referred to as the "SUBSCRIBER-CONTROLLER." II . PURPOSE OF CONTRACT. This contract provides for the SUBSCRIBER-CONTROLLER to serve as the agent responsible for the exchange of criminal offender record information and other criminal justice information between USER AGENCY and the SUBSCRIBER-CONTROLLER and statewide criminal justice agencies. In addition, it provides for SUBSCRIBER-CONTROLLER to facilitate the interchange of computerized criminal history data between the Federal Bureau of Investigation (FBI), National Crime Information Center (NCIC), National Law Enforcement Telecommunication System (NLETS). Department of Motor Vehicles (DMV) and California Law Enforcement Telecommunication System (CLETS), received via the State CLETS network. III. SUBSCRIBER-CONTROLLER Security Officer will review all applications for connection to the Telecommunications System, as well as requests to modify, move or increase the number of terminals in an existing agency. 02-12311.000 Ray, 11191 Page 1 of 4 .-- /j .~ /-( () If IV. CANCELLATION: The term of this cQntract shall be for a period of time commencing on July 1, 1995 , and terminating only as hereinafter provided. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by USER AGENCY or by SUBSCRIBER-CONTROLLER upon written notice given to the other party at least ninety (90) days prior to the date specified for such termination. Any such termination date shall coincide with the end of a 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 of termination. Neither party shall incur any liability to the other by reason of termination. 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: SUBSCRIBER-CONTROLLER: San Bernardino County Sheriff Bureau of Administration P.O. Box 569 San Bernardino, CA 92402-0569 USER AGENCY: San Bernardino Police Department P. O. Box 1559 San Bernardino, CA 92401-1559 V. INFORMATION SERVICES. SUBSCRIBER-CONTROLLER agrees to furnish the USER AGENCY access to such criminal offender record information and other criminal justice information as is made available from the State through the CLETS network. VI. EOUIPMENT. SUBSCRIBER-CONTROLLER shall assist in the selection of the equipment for, provide, maintain, operate, and manage an electronic data communications system in the San Bernardino County Sheriff's Communication Control Center in order to provide the services specified in this contract. SUBSCRIBER-CONTROLLER shall provide to the USER AGENCY the required communication lines to connect with the County's Message Switcher computer. The required equipment shall consist of: 1. Computer-to-computer interface via telecommunications circuit of the County's Message Switcher computer to the USER AGENCY computer system, OR 2. Telecommunications circuit, terminals, printers, protocol conversion boxes, and ancillary support peripherals to provide computerized access of law enforcement information. (See equipment listing.) VII. USER AGENCY shall pay to SUBSCRIBER-CONTROLLER the sum of money per Schedules "A" and liB" attached hereto. Basic installation of service will be provided by the SUBSCRIBER-CONTROLLER. Installation fees, cost of additional services, equipment, related supplies and changes or modifications will be paid for by the USER AGENCY. The total cost to repair or replace SUBSCRIBER- CONTROLLER supplied equipment damaged by neglect, malicious actions or accident shall be the responsibility of the USER AGENCY. Time costs, maintenance and diagnostic costs will be paid by USER AGENCY. Costs will be adjusted in the event of telephone company rate changes. All equipment PAGE 2 of 4 q- L/ '1)1.1 >- usee by the USER A@ENCY under this contract shall become the property of the USER . AGENCY upon termination of this contract. County shall have the right to adjust contract rates annually by an amendment, to this contract and at any time to reflect increased labor costs from Memorandum of Understanding changes which increase labor costs. VIII . It is understood by and between the parties hereto that this contract shall be deemed executory to the extent of the moneys available to SUBSCRIBER-CONTROLLER and no liability on account thereof shall be incurred by SUBSCRIBER-CONTROLLER beyond moneys budgeted for the purpose thereof. IX. SUBSCRIBER-CONTROLLER shall render assistance to the USER AGENCY in order to provide for timely, efficient, and accurate implementation of CAD/CLETS/RMS network operations. The data provided to SUBSCRIBER-CONTROLLER by the USER AGENCY will be relevant to the criminal justice process. The completeness, accuracy, objectivity, and verifiability of information entered into the information system is paramount and the USER AGENCY will cooperate with the regular auditing of the system in accordance with the California Department of Justice CLETS Policies, Practices, and Procedures Manual, to assure reliability of stored data; in addition, the procedures for purging or canceling entries will be adhered to in order to enhance the reliability of all data. The USER AGENCY will not enter into the system, data originating with any organization not a party to this contract or party to a separate but similar contract with SUBSCRIBER-CONTROLLER. X. The USER AGENCY agrees to limit access to information furnished by SUBSCRIBER-CONTROLLER to its own employees and other criminal justice/law enforcement agencies. The USER AGENCY further agrees to comply with Federal and State laws, rules, procedures, and policies formally adopted in the California Law Enforcement Telecommunication System Subscriber Agreement, and in regard to criminal history, information furnished through the FBI/NCIC/CCH (California Criminal History) and the NLETS Program, to rules, procedures, and policies approved by the NCIC advisory policy board adopted for NCIC. The USER AGENCY agrees to cause employees, having access via the San Bernardino County IBM computer system to the Sheriff's Central Name Index (CNI) , or to the Traffic Citation System (TCITE), to complete security training before such access will be allowed. XI. SUBSCRIBER-CONTROLLER reserves the right to suspend access to any information provided for in this contract, in accordance with the State CLETS Policies, Practices, and Procedures Manual, when any rules, policy, or procedure adopted by SUBSCRIBER- CONTROLLER, or approved by the NCIC or law of this county, state, or federal government applicable to the security and privacy of information is violated or appears to be violated by the USER AGENCY. XII. The USER AGENCY agrees to appoint a security and privacy officer in accordance with the State CLETS Policies, Practices, and Procedures Manual, and as designated by the State of California and the SUBSCRIBER-CONTROLLER who shall be responsible for all security and privacy considerations relating to the use of the USER AGENCY'S terminal or terminals. The security and privacy officer shall be the liaison point for SUBSCRIBER-CONTROLLER regarding security and privacy matters. PAGE 3 of 4 . II i, / I /)4' , /) '-!V XIII . The USER AGENCY agrees to indemnify, defend, and hold harmless the SUBSCRIBER- CONTROLLER, San Bernardino County, and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from USER AGENCY'S acts, errors, or omissions and for any costs or expenses incurred by the SUBSCRIBER- CONTROLLER on account of any claim therefor. XIV. The SUBSCRIBER-CONTROLLER agrees to indemnify and hold harmless the USER AGENCY and their agents, officers, volunteers and employees against any and all claims or actions arising from SUBSCRIBER-CONTROLLER'S negligent acts or omissions on account of any claim therefor. XV. The San Bernardino County Sheriff or his authorized designee shall have the authority to exercise the County's rights under this contract including termination of the contract on behalf of the County at his sole discretion. APPROVED AS TO LEGAL FORM: CITY OF SAN BERNARDINO :O~::;~A:~ ~~ '-~ Chairman, Board of Supervisors CITY OF ~AW BERWARnTWO IState if cor oration, company. etc.) , ./-ttf"1. 1';'/:;O/rrWd Signature) ~( ~ By DEe 12 1995 By .. Dated Dated Title County of San Address !;AN RRRNARnlNO POT.lCR nRPARTMF.NT P. O. BOX 1559 !;AN RRRNARnTNo, CA q7401-1~~q Reviewed as to Affirmative Action Reviewed for Processing .. .. Agency Administrator/CAD Date County Counsel Date ..r ..s--'l,l Date 02-12311-000 Rev. 11191 Page 4 of 4 . 9 !7-~ LI 0 t-j SCHEDULE A SAN BERNARDINO POLICE DEPARTMENT APRIL 10, 1995 COST SCHEDULE MONTHLY CHARGES FOR CLETS SERVICE Monthly use and maintenance charges will be billed by the San Bernardino County Sheriff's Department. MONTHLY FEE * $608.18 CURRENT RATES ** TELEPROCESSING SUPPORT CALL-OUT CHARGE DAYS: 7:00 a.m. to 5:30 p.m. - $22.00 per hour NIGHTS: $44 per callout plus $33 per hour, one hour minimum FIRST HOUR - $77.00 ADDITIONAL HOUR - $33.00 * Fees are subject to annual adjustments. ** Rates are subject to change due to the Memorandum of Understanding increases authorized by the County Board of Supervisors. 4/95/as r;~ - I!~LI SCHEDULE B SAN BERNARDINO POLICE DEPARTMENT APRIL 10, 1995 CLETS MONTHLY MAINTENANCE AND SUPPORT COSTS CPU-TO-CPU INTERFACE Maintenance Modem (2) $ 43.00 4.00 Asynch/Synch Boxes (2) Teleprocessing Support 50.00 Circuit (Paid by SBPD) N/C CLETS Network Administration Fee (From 1994 data) 511.18 TOTAL MONTHLY CONTRACT COSTS $ 608.18 4/95/as