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HomeMy WebLinkAbout1991-338 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. ql-llR RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authori zed and di rected to execute on behalf of said City an agreement with the County of San Bernardino relating to the implementation and operation of an automated identification system, a copy of said agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length, for the period of July 1, 1990 through June 30, 1991. SECTION 2. The authorization to execute the above referenced 12 agreement is resci nded if the part i es to the agreement fail to execute it 13 within one hundred, twenty (120) days of the passage of this resolution. 14 15 I HEREBY CERTIFY that the foregoing resolution was duly adopted 16 by the Mayor and Common Council of the City of San Bernardi no at a 17 18 reqular meeting thereof, held on the III III 20 III III 22 III 23 III 24 III 25 III 26 III 27 III 28 19 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLErlENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. day of AUGUST , 1991, by the following vote; to wit: FIFTH Council Members AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER x x x x ~ 4-- x Q~.d. ~.".~'1' ~k The foregoing resolution is hereby approved this 7th / - day of , 1991. August d...---c "" / " / /./? '.~.- ... / '. / //.//../...... ./. ./ - ..';?';?- c:-/ /C. W.R. Ho!com , Mayor City of San Bernardino 18 Approved as to form and legal content: 19 20 21 22 23 24 JAMES F. City A By: .~ 25 26 27 28 County of San Bernardino CERTIFICATE OF CLERK AS TO DOCUMENTS AND INSTRUMENTS STATE OF CALIFORNIA } ss. COUNTY OF SAN BERNARDINO I, EARLENE SPROAT, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify that the attached copies of records and documents are full, true and correct copies of all such records and documents which are in my custody or are on file in my office, and that I have compared said copies with the originals thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the said Board of Supervisors this July 11. 1991 06-14901-103 Rev. 9189 EARLENE SPROAT, Clerk of the Board of Supervisors of the County of San Bernardino, State of California B~){Yd~ Deputy . I I ,~~\lll/lle .....~t~...... -~ ~- ~ ...::::- -;:Y. ~....... i1f1I'llll\\i, E ~ New Vendor Code Isc Dept. I Contract Number I M Change SHR IA X Cancel 90-1318 County Department Dept. Orgn. Contractor's License No. SHERIFF DEPARTMENT SHR SHR County Department Contract Representative Ph. Ex!. Amount of Contract GARY EISENBEISZ, SERGEANT 387-8847 VARIES Fund 1:;'1 Organization I Appr. I Obj/Rev Source Activity I GRCiPROJ/JOB Number NNL SHR 9990 SBCITY Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name 90/91 VARIES CAL-ID - - - - - - - - - - - FOR COUNTY USE ONL Y County of San Bernardino FAS STANDARD CONTRACT 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 Address hereinafter called CITY 300 NORTH D STREET Res. 91-338 and Res. 91-339 SAN BERNARDINO, CA 92418 Phone Birth Date ( 714) 384- 5133 FederallD 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 p.tlyment, 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.) YHEREAS, a region composed of the area of the Counties of Riverside and San Bernardino has been formed for implementation and operation of Identification Systems. YHEREAS, the costs of the Regional System will be allocated to the users within the aforesaid Counties on the basis of fifty percent (50%) for the San Bernardino County area and fifty percent (50%) for the Riverside County area; and YHEREAS, there will be costs for implementation and operation of a local subsystem within San Bernardino County; and YHEREAS, a local RAN Board has been established for the area of San Bernardino County comprised of the following members: A member of the Board of Supervisors, the Sheriff, the District Attorney, the Chief of Police of the City having the largest number of sworn personnel, a Chief of Police selected by all other police chiefs within the County, a Mayor selected by the City Selection Committee and a member-at- large chosen by the other members; and YHEREAS, the County of San Bernardino and CITY desire to enter into an agreement for the implementation and operation of Identification Systems for the benefit of the citizens of their jurisdictions; NOY THEREFORE, in consideration of the mutual covenants, conditions, and stipu- lations hereinafter set forth, the parties here to agree as follows: 1. CITY agrees to be a user of the Identification Systems established for the areas of San Bernardino and Riverside Counties. CITY's use of the System under this agreement shall be through the local subsystems for the San Bernardino County area. 2. It is agreed area for the Regional 02-12311.000 Rev. 11190 that the total costs applicable to the San Bernardino Systems which are not paid by the State and the total Page County costs for 1 of 3 th~ local subsystems within San Bernardino County which are not paid by the State shall be allocated to each user within San Bernardino County based on the user's percentage of the total population of all users within the County of San Bernardino. The population of the COUNTY for allocating COUNTY costs based on population shall be the population of the unincorporated area of the COUNTY. The population figures used for allocating annual costs to all users shall be the most recent State of California Department of Finance Population Estimates. The costs for the Regional Systems shall be consistent with the budgets approved by the Regional and Local RAN Boards. The costs for the local subsystems for the San Bernardino County area shall be consistent with the budget approved by the local RAN Board and the Board of Supervisors of COUNTY. 3. The Regional RAN Board shall approve procedures and policies for operation and use of the Regional Identification Systems. The local RAN Board shall approve such for the local subsystems for the San Bernardino County area. The Sheriff of the COUNTY shall be responsible for managing and operating the local subsystems within the COUNTY consistent with directions of the local RAN Board. All such procedures and policies shall be consistent with the technical requirements of the Regional Systems. 4. CITY shall pay to the Auditor/Controller/Recorder of COUNTY within thirty (30) days of entering into this agreement its share of costs under this agreement based upon the assumption that all cities within San Bernardino County will participate in the program. COUNTY's Auditor/Controller/Recorder shall subsequently adjust the billing to CITY based upon actual participating of cities. After the first year under this agreement, CITY shall pay its annual cost share by August 1st or fifteen (15) days after approval of CITY's budget, whichever is later. Payments under this agreement shall be deposited in an interest bearing trust account with any earned interest being applied for expenses of the Identification Systems. 5. Any amendments to this agreement shall be in writing and approved by the parties before becoming effective. 6. The term of this agreement shall commence upon execution by both parties and shall continue until terminated as hereinafter set forth. Either party may terminate this agreement by giving notice of termination to the other party on or before February 1 of any year to terminate this agreement as of the subsequent July 1. 7. Any notices required to be given under this agreement shall be delivered in person or by first class mail to CITY's Clerk or the Clerk of the Board of Supervisors as applicable. B. Following approval of the budget for the local subsystems for the San Bernardino County area, COUNTY's Sheriff shall fiscally manage the funds and expenditures of the Identification Systems and establish a separately identifiable account for allocating costs pursuant to the terms of this agreement. 9. Any user of the Systems which is allowed to enter into program participation after the Systems has originally been implemented shall be required to pay its fair share of the original start-up, implementation, and equipment costs priors to participation in the Systems. Any such new users may be subject to additional assessments as recommended by the local RAN Board. Such fair share costs shall be based on the percentage of the population of the user to the total population of all users and the amount of the costs shall be as determined by the local RAN Board for the San Bernardino County area. PAGE 2 OF 3 ~ . 10. Each user of the Identification Systems within the San Bernardino County area shall be required to be a party to an agreement with the COUNTY setting forth obligations and responsibilities of users so that all such users are treated consistently and costs are allocated to all users based on their percentage of the population of all users within the San Bernardino County area of the Regional Systems. 11. CO~Y shall provide users with a financial report at the end of each fiscal year covering the costs for the San Bernardino County area portion of the Regional Systems and the local subsystems for said area consistent with regular County practices. 12. Any disputes over charges under this agreement will be resolved by the local RAN Board for the San Bernardino County area consistent with the terms of this agreemen t . 13. Each party shall indemnity, defend, and hold the other party harmless from liability for acts or omissions of itself and its agents and employees in connection with the performance of this agreement. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: L --J.~ ATT~ ~~y~ City lerk :OUN:A~ ~~ BEL~~I Chairm:~ Supervi~ (State if e , 90fnpany, ete.y' Dated NOV 2 6 19.90 $Y/~~ //7 ~// ..,"';\\\\\\\\\\\'f, // ,(,~thorzedSignature) SIGNED AND, c;,~,'I'lflW~,~I'l~'t','",J1.,' COPY OF THIS Dated 8 - "'" DOCUMENT H~"}'I,~~~)::i6U\(~~1')."r"'/THE CHAIRMAN OF THE BOA~~.<;f~;-,:l> ~":,,ll,,?;:t.lP", (l","-(~:) 11;~ Clerk of the ;'ElO!lo~do"o~.,$~'e~;i~is. Of <1h,,;j;;ounty Bernardin .. ,::~~:-: {~'{:i'~;.:~~ ~~;,:--.. ,', :::. <'> ,.-,:~";~: t\"l i, 'i,f :; . G "," ","'-",'. ~~~;'Jl ~." . ( ';>'''0 ~,t' G ) Title w. R. HOLCOMB, MAYOR Address 300 North "D" Street San Bernardino, CA 92418 By ..:.:. ""'Reviewed as to Affirmative Action , ...,'..... ........, . ...,~,~<.... \.' \,,,, .. Reviewed for Processing Date nty Counsel 7-//-11 Date ~ Agency Administrator/CAD Date 02-12311.000 Rev. 11/90 Page 3 of 3