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Home My WebLink About1990-157 1 RESOLUTION NO. 90-157 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 3 RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of said City an Agreement with the County of' 8 San Bernardino relating to the implementation and operation of an 9 automated identification system. a copy of said agreement is 10 attached hereto. marked Exhibit "A". and incorporated herein by 11 reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above- 13 referenced agreement is rescinded if the parties to the 14 agreement fail to execute it wi thin sixty (60) days of the 15 passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of 19 20 21 22 23 24 25 26 27 28 San Bernardino at a reqular / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / HE/dys/idsys.res April 4. 1990 1 . <.' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. 7th day of May Council Members: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER 1990, by the following vote, to wit: AYES NAYS ABSTAIN x x x x x x x ~/h#~~4/' City 'tIer t'jcL day The foregoing resolution is hereby of , 1990. MrlY Approved as to form and legal content: JAMES F. PENMAN, City Attorney HE/dys/idsys.res April 4, 1990 ~/ 2 ~~'~"fI~ COUNTY OF SAN BERNARDINO ..,t~ --e ~ STANDARD CONTRACT ............"" ~ 'l1f'III'~~' , FOR COUNTY USE ONLY County a.partment Contract Numb.r SHERIFF , - County Departmant Contract Aapr...ntatlvw Contractor's Lleen.. Number: L. RAY HARPER. CAPTAIN 387-3660 Ph Ext. Budgtlt Unit No. I Sub'{}bJact No. I Fund No. I Job No. I Amount of Contnct 020 9990 526 SBCITY. VARIES Project Nama: It contract h.. more than on8 payment or receipt, comp~t. the fOllowlnt/ Payments EstImate: ARIES Approximate Amount Each: ANIlUALLY !\: THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and Nama CITY OF SAN BERNARDINO Add,... 300 NORTH D STREET SAN BERNARDINO. CA 92418 Phon. Birth Data (714) 384-5133 Federal 10 No. or Social Security No. hereafter called CITY 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.) 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 that the total costs applicable to the San Bernardino County area for the Regional Systems which are not paid by the State and the total costs for EXHIBIT "A" .2-12311~OO Rev. 11/80 1 3 Page_ of_ " , , ~ the 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 t~ 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. 8. 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. COUNTY 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 agreement. 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. PEN~1AN, City Attorney By: ~_' ATTEST: ~;JY'':.:rs,~ C~__,I"~'1' City Clerk COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO . Chairman, Board of Supervisors (State if corporation, company, etc.) By · \AI. R. HC'"c:.'-"~;i\!oB (Authorized SignatureJ Dated Dated Title W. R. ~ LCOMB, Mayor 300 North "D" Street Address San Bernardino, CA 92418 ATTESTED: . Clerk of the Board of Supervisors Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing . A.J ()J-fi! "'''- cC;unty Counsel r "e r. Date i-- )...)( ~ it) . . Agency Administrator/CAD Date Date 3 3 Page_ 01_ 02.1231l..()OO Rev. 11/80