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Home My WebLink About1993-392 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 23 24 25 26 27 28 1 2 RESOLUTION NO. 93-392 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT RELATING TO THE 4 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chief of Police of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Memorandum of Understanding with the San Bernardino County Sheriff's Department relating to the California Law Enforcement Telecommunications system, a copy of which is attached hereto, marked Exhibit 'A' and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. IIIII IIIII IIIII IIIII II/II -1- 93-3921- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE BERNARDINO COUNTY SHERIFF'S DEPARTMENT RELATING TO CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM. THE SAN THE I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a regular meeting thereof, held on the 21st day of , 1993, by the following vote, October to wit: COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT NEGRETE ----X..- CURLIN ----X..- HERNANDEZ ----X..- OBERHELMAN ----X..- DEVLIN ----X..- POPE-LUDLAM ----X..- MILLER ----X..- ~~~ The foregoing resolution is hereby approved this of O"t-nhPT , 1993. f"1 \ 1....L(.l . day ~' ----.--- I,', ,,'- / ~-1i;'i /{{".{~ Iro - Mirto , Mayor City of San Bernardino Approved as to form 23 and legal content: 24 25 26 27 28 JAMES F. PENMAN City Attorney ~ -2- Res. 93-392" 93-392 --]Jln., ~~ i E !xi New i M I I Change I I rl : Xi; Cancel I , County Department Vendor Code FOR COUNTY USE ONL Y I ! Dept. ISCI SUR A Dept. Drgn. Cor;1tract Number Contractor's license No. ~ i ~HF.RTFF !==:R"R ~HR ~ County Department Contract Representative Ph Ex!. Amount of Contract FAS STANDARD CONTRACT AAA I ~RR q~O Commodity Code RAY HARPF.R nF.PIJ'1'V C"HTRF : Dept. ! Organization i Appr. , I 1R7 1';';0 Obj/Rev Source County of San Bernardino T. Fund Project Name I FY I- i- ::1- Activity : GRC/PAOJ/JOB Number I qa;l ! Estimated Payment Total by Fiscal Year Amount 1.0 FY Amount I/O -I i -I i THIS CONTRACT is entered mto in the State of California by and between the County of San Bernardino, hereinafter called the County, and ~~ame San Bernardino ~lice nepaT~mp.nt CLETS accp:~~ CITY OF SAN BERNARDINO Addre$s hereinafter called IJSER AGENCY POLICE DEPARTMENT . "4t>b W~~'l' ,t'UUK'l'l1 ::;'l.'~.r;'.l' SAN BERNARDINO, CA 92401 ?llone Birth Date :=:deral 18 "Jo Uf Socia, SF-n.fIt\' No iT IS HEREBY AGREED AS FOllOWS: /1)$8 space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, dutermination of satidactory performance ami cause for termination, other terms and conditions, and attach plans, saecdications, Jnd addenda, if any.) 1. 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. 02-12311000 Rov_ 11191 Page 1 of 4 IV. 93-392 CANCELLATION: The term of this contract shall be for a period of time commencing _1 , 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: 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. EQUIPMENT. 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 "B" 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 used by the USER AGENCY 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 '~creased labor costs from Memorandum of Understanding changes which increase labor 93-392 )s ts. 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. rAGE 3 of 4 93-392 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: ~,~ C Y OF SA ERNARDINO CQUi'~TY Or SAN 8ERNARD![\jO .. !~t1alr"l1an, Board of Super'Jisor:~ CITY OF l:AN IIERNMYHNG iState if corporation, company, etc.! :.J.::tE'd By ~~___ Tom Minor, fAuchorized Signarure) C,'(3f,.JED AND CERTIFIi:D Ti-iA r A COPY OF THIS ':OCU,VIENT HAS ,:EE~I DELIVERED TO THE CHAIRMAN :JF C-HE BOARD_ Clerk of tne Board oi Supervisors of the County of San Bernardino. D3ted _.___________ Title __~ayor ____ POLICE DEPARTMENT Address -469 WeElt----FellFth Str-ee_ San Bernardino, CA 92401 coy___.___ --- -~_._-----~---'--_._---' -.-----------.-. Depurv AODfoved as to Legal Form Rev:c\I'/ed as ,0 Aftirm,-JtlveA.::l!on Pevlf)wed for Processing ;;4JNJJ1Y~------ &-,)3-93 ~ ~ Aqenc'i ':;'urnin;stratoriCAO ....c;II:l '=:0.:<:: _____________________._____. '::,'u[e 212311-000 RllV j "91 Page _~__ 0f _~__A....-_ 93-392 SCHEDULE "A" SAN BERNARDINO CITY POLICE DEPARTMENT APRIL 12, 1993 COST SCHEDULE MONTHLY CHARGES OR ASAFE (CLETS) SERVICE Monthly use and maintenance charges will be billed by the San Bernardino County Sheriff's Department. MONTHLY FEE * BEGINNING MARCH 1993 $ 807.42 $ 707.49 NOVEMBER 92 THRU FEBRUARY 93 CURRENT RATES ** DAYS: 7:00 a.m. to 5:30 p.m. $22 per hour NIGHTS: $44 per callout plus $33 per hour, one hour minimum FIRST HOUR - $77 ADDITIONAL HOUR - $33 * Fees are subject to change due to expiration of manufacturer warranties and annual usage adjustment. ** Rates are subject to change due to the Memorandum of understanding increases authorized by the County Board of Supervisors. 4/12/93 93-392 SCHEDULE "B" SAN BERNARDINO CITY POLICE DEPARTMENT APRIL 12, 1993 I. COMPUTER-TO-COMPUTER CLETS INTERFACE COMMUNICATIONS CIRCUIT (PAID BY SBPD) N/C EQUIPMENT LEASE (NOV. 92 THRU FEB 93) 99.93 MODEM MAINTENANCE (2) 43.16 TELEPROCESSING SUPPORT 12.50 TOTAL CPU-TO-CPU: MONTHLY COSTS (NOV. 92--FEB. 93) $155.59 MONTHLY COSTS (BEGINNING MARCH 93) $ 55.66 II. "OLD" CLETS (ADM-42) SERVICE CHANNEL TERMINAL $ 38.16 46.00 100.00 80.00 CIRCUIT MILEAGE COSTS (502, 506, 509) LOCAL LOOP (4 @ 11.50) DATA SET (4 @ 25.00) DATA PROCESSING CHARGE (9 @ 11.63) 104.67 CRT MAINTENANCE (5 @ 35.00) TTY PRINTER MAINTENANCE (4 @ $27.00) 175.00 $108.00 TOTAL MONTHLY CLETS SERVICE COSTS $651. 83 TOTAL MONTHLY COSTS: BEGINNING MARCH 1993 $ 807.42 $ 707.49 NOVEMBER 92 THRU FEBRUARY 93 4/12/93