The URL can be used to link to this page

Home My WebLink About28-Police Department ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Dept: Police Department Bernardino authorizing the execution of an Annual User Agreement with the Date: May 21, 2007 County of San Bernardino to provide access to the Sheriff's Automated Systems. M/CC Meeting Date: 6-18-2007 Synopsis of Previous Council Action: Resolution #2004-279 adopted. Resolution #2003-148 adopted. Resolution #2002-167 adopted. Recommended Motion: Adopt Resolution. r MICHAEL A. BILLDT, Chief of Police Contact Person: Phone: R,4-57?R Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $25,600.00 Source: #001-222-5505 Sather Professional Services Finance: Council Notes: Agenda Item No. &1/9/07 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Annual User Agreement with the County of San Bernardino to provide access to the Sheriff's Automated Systems. FINDINGS The Police Department is authorized to access the National and California Law Enforcement Telecommunications Systems (NLETS & CLETS) through the County of San Bernardino's message switch. Access to NLETS and CLETS is essential to obtain criminal offender records and other criminal justice information from national and state computer systems including data files such as FBI, NCIC, DMV and Stolen Vehicle Systems. The County of San Bernardino charges access and connection fees to the County's Wide Area Network (WAN) for NLETS/CLETS usage and CLETS support/maintenance, browser access and transaction fees. These costs total $21,787.58 for FY 2007/08 (cost is based on 2006 usage). The Sheriff's Department also maintains various regional criminal justice information systems that are accessed through the Sheriff Department's Central Name Index (CNI). In addition to the fees enumerated above, the Police Department will be billed quarterly in arrears for the following transactions run in the CNI data files: name inquires, automated warrant checks, jail system inquires and court calendar information. These additional transaction fees are estimated to total $3,795.00 in FY 2007/08. The total cost of NLETS/CLETS access and usage as well as CNI usage for FY 2007/08 is estimated at $25,582.58. FINANCIAL IMPACT The total cost of this agreement for FY 2007/08 is projected not to exceed $25,600.00. The Police Department has included funding for the agreement in its proposed budget for FY 2007/08 in account#001-222-5505. RECOMMENDATION Adopt resolution. ....... tea % GARY PENROD,SHERIFF-CORONER May 15, 2007 Michael A. Billdt, Chief of Police City of San Bernardino San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92402-1559 RE: SHERIFF'S AUTOMATED SYSTEMS FORM AGREEMENT 2007-08 Dear Chief Billdt: Enclosed are two originals of the proposed agreement between the County of San Bernardino and the City of San Bernardino, San Bernardino Police Department, for the Sheriff's Department to provide access to the Sheriff's Automated Systems, including California Law Enforcement Telecommunications System (CLETS) and Central Name Index (CNI). If this agreement meets with your approval, please complete the signature blocks, have both copies signed in blue ink by an authorized individual and return to: Bureau of Administration/Roxann Jenkins San Bernardino County Sheriff's Department P.O. Box 569 San Bernardino, CA 92402-0569 Upon approval, an executed copy with original signatures will be returned to you for your records. If you have any questions or need additional information, please contact Roxann Jenkins at (909) 387-0310 or rienkins @sbcsd.org. Sincerely, GARY PENROD, SHERIFF-CORONER WENDY BRI , Sheriff's Administrative Manager Sheriff's Bureau of Administration G P/W B/rj Enclosures SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino,California 92415-0061 Post Office Box 569 • San Bernardino,California 92402-0569 1 2 - RESOLUTION NO. Py 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL USER 4 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE ACCESS TO THE SHERIFF'S AUTOMATED SYSTEMS. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1: That the Mayor and Common Council of the City of San Bernardino 9 authorize the City Manager to execute on behalf of the City an Agreement for Access to the 10 Sheriffs Automated Systems between the City of San Bernardino and the County of San 11 Bernardino, for FY 2007/08, in an amount not to exceed $25,600.00. A copy of the Agreement 12 13 is attached hereto, marked Exhibit "A", and incorporated herein by this reference. 14 SECTION 2: Authorization to execute the above referenced agreement is rescinded if 15 not executed within one hundred and eighty (180) days of the passage of this resolution. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 �. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL USER AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE ACCESS 3 TO THE SHERIFF'S AUTOMATED SYSTEMS. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of 2007, by the following vote, to wit: 8 9 Council Members. Aves Nays Abstain Absent 10 ESTRADA 11 BAXTER 12 BRINKER 13 14 DERRY 15 KELLEY 16 JOHNSON 17 McCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 2007. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 25 Approved as to Form: 26 � J es F. Penman, City Attorney 27 28 I \ ;l /V i GARY PENROD,SHERIFF-CORONER May 15, 2007 Michael A. Billdt, Chief of Police City of San Bernardino San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92402-1559 RE: SHERIFF'S AUTOMATED SYSTEMS FORM AGREEMENT 2007-08 Dear Chief Billdt: Enclosed are two originals of the proposed agreement between the County of San Bernardino and the City of San Bernardino, San Bernardino Police Department, for the Sheriff's Department to provide access to the Sheriff's Automated Systems, including California Law Enforcement Telecommunications System (CLETS) and Central Name Index (CNI). If this agreement meets with your approval, please complete the signature blocks, have both copies signed in blue ink by an authorized individual and return to: Bureau of Administration/Roxann Jenkins San Bernardino County Sheriff's Department P.O. Box 569 San Bernardino, CA 92402-0569 Upon approval, an executed copy with original signatures will be returned to you for your records. If you have any questions or need additional information, please contact Roxann Jenkins at (909) 387-0310 or rienkins @sbcsd.org. Sincerely, GARY PENROD, SHERIFF-CORONER WENDY BRI , Sheriff's Administrative Manager Sheriff's Bureau of Administration G P/V1/B/rj Enclosures SAN BERNARDINO COUNTY SHERIFFS DEPARTMENT 655 East Third Street - San Bernardino,California 92415-0061 Post Office Box 569 - San Bernardino,California 92402-0569 SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT SCHEDULE 'A' CITY OF SAN BERNARDINO SAN BERNARDINO POLICE DEPARTMENT FY 2007-08 COST SCHEDULE CHARGES FOR SHERIFF'S AUTOMATED SYSTEMS CLETS ANNUAL MAINTENANCE & SUPPORT COSTS: Annual Cost Service CLETS CAD-to-CAD Connection ($100 per Month) $1,200.00 CLETS Terminal Browser Access ($7.50 per Month per Terminal) (SBPX) $90.00 LETS Transactions Cost (2006 data) $20,497.58 CLETS ANNUAL MAINTENANCE & SUPPORT COSTS: $21,787.58 QUARTERLY PAYMENT SCHEDULE 1 st Quarter (July - September) $5,446.94 2nd Quarter (October - December) $5,446.88 3rd Quarter (January - March) $5,446.88 4th Quarter (April - June) $5,446.88 Sheriff's Automated Systems Other Costs Billed Quarterly in Arrears: The Contractor shall be billed for Transaction Fees on a quarterly basis in arrears based on actual use of the following services: Property Evidence Tracking System Sheriff's Department Jail Management System (JIMS) Sheriff's Central Name Index (CNI) Sheriff's Automated Warrants (SAW) Page 1 of 1 E EXHIBIT A SHERIFF'S DEPARTMENT SAN BERNARDINO COUNTY CENTRAL NAME INDEX AUTHORIZATION STATEMENT The following information is required to identify personnel for the computerized Central Name Index. NAME: (Last) (First) (Middle) DOB: (Month) (Day) (Year) AGENCY/STATION: CALIFORNIA DRIVER'S LICENSE: SOCIAL SECURITY NUMBER: EMPLOYEE NUMBER: PD# (if applicable): SUPERVISOR SIGNATURE: THIS PERSON REQUIRES: INQUIRY ONLY ❑ INQUIRY & UPDATE JUSTIFICATION: STATEMENT: 1. I have completed the above questionnaire, and the information submitted is accurate to the best of my knowledge. 2. I understand that the Sheriff's Automated Systems are for Law Enforcement use only and are protected by State Law. Accidental or deliberate disclosure of County information, modification, or misuse may result on disciplinary action up to, and including loss of employment and prosecution under applicable laws. 3. Violation of one or more of the following procedural rules may result in disciplinary action. a. The unauthorized use of another individual's name and/or identification information for the purpose of inquiry or entry into one or more of the Sheriff's Automated Systems. b. The unauthorized deletion or altering of any existing data in one or more of the Sheriff's Automated Systems. C. The unauthorized input(or causing of input) of false information to one or more of the Sheriff's Automated Systems. SIGNATURE: DATE Page 1 of 1 Agreement No.: AGREEMENT FOR ACCESS TO SHERIFF'S AUTOMATED SYSTEMS This agreement is made and entered into on this First day of July, 2007, by and between City of San Bernardino, San Bernardino Police Department (hereinafter the "CONTRACTOR") and the County of San Bernardino (hereinafter the "COUNTY") for the Sheriff s Department (hereinafter called the "SHERIFF"). I. PURPOSE OF CONTRACT A. This contract provides for the SHERIFF, acting as the administrator of the California Law Enforcement Telecommunications System (CLETS), to serve as the agent responsible for the exchange of criminal offender record information and other criminal justice information between CONTRACTOR and the SHERIFF and statewide criminal justice agencies. In addition, it provides for the SHERIFF to facilitate the interchange of computerized criminal history data between the following agencies and databases: 1. Federal Bureau of Investigation (FBI) 2. National Crime Information Center(NCIC) 3. National Law Enforcement Telecommunications System(NLETS) 4. Department of Motor Vehicles (DMV) 5. California Law Enforcement Telecommunications System (CLETS), received via the State CLETS network. 6. Super Name Search 7. Crime Web/Mugshot System 8. Identix-Cal ID 9. Property Evidence Tracking System (transaction fees apply) 10. Sheriffs Department Jail Management System (JIMS) (transaction fees apply) 11. Sheriff s Central Name Index (CNI) (transaction fees apply) 12. Sheriff s Automated Warrants (SAW) (transaction fees apply) B. It is the intent of the parties to promote more effective regional law enforcement through the cooperative use and maintenance of the COUNTY and SHERIFF computerized data files. C. Access to the aforementioned databases requires connection to the COUNTY's Wide Area Network (WAN). CONTRACTOR will be required to enter into a separate agreement with COUNTY's Information Services Department (ISD) for connection to the COUNTY's WAN and for payment of costs associated with WAN connectivity. II. CONSIDERATION A. FEES. I. CLETS Teleprocessing Support/Maintenance Costs (Billed by Sheriff s Department) 2. CLETS Terminal Browser Access (Billed by Sheriff's Department) 3. Transaction Fees (Billed by Sheriff s Department) 4. Connection to the County WAN (billed directly by ISD - One Time Fee Applies) 5. County WAN Access—(Provided under a separate agreement and billed directly by ISD) Page I of 5 B. CONTRACTOR shall pay SHERIFF the sum of money per Schedule A attached hereto and incorporated herein by reference. SHERIFF shall invoice CONTRACTOR for the cost of services quarterly in arrears. Payment shall be due within fifteen (15) days from the date of each invoice. Basic installation of service will be provided by the SHERIFF. Installation fees, cost of additional services, equipment, related supplies and changes or modifications will be paid for by the CONTRACTOR. The total cost to provide, repair or replace machines, printers, and other equipment shall be the responsibility of the CONTRACTOR. Time costs, maintenance and diagnostic costs will be paid by the CONTRACTOR. Costs will be adjusted in the event of any rate changes. SHERIFF shall have the right to adjust the 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. III. TERM AND TERMINATION The term of this contract shall be for a period of one year commencing on July 1, 2007. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by CONTRACTOR or by SHERIFF upon written notice given to the other party at least thirty (30) 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. IV. NOTICES 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: CONTRACTOR: City of San Bernardino San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92402-1559 SHERIFF: San Bernardino County Sheriffs Department Bureau of Administration/Contracts Unit P.O. Box 569 San Bernardino, CA 92402-0569 V. RESPONSIBILITIES OF SHERIFF A. ACCESS. SHERIFF's assigned Terminal Coordinator 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. B. SERVICES PROVIDED. SHERIFF agrees to furnish the CONTRACTOR access to such criminal offender record information and other criminal justice information as is made available to the State through the CLETS network and provide access to Sheriff s Automated Systems. Page 2 of 5 C. EQUIPMENT. The SHERIFF shall provide, maintain, operate, and manage equipment for an electronic data communications system in the San Bernardino County Sheriff's Data Center in order to provide the services specified in this contract. One or both of the following is required for CONTRACTOR to connect with the Sheriff s Message Switch computer: 1. A CAD to CAD interface or Terminal Browser Access 2. Connection to the County WAN (NOTE: This contract does not include costs for equipment/services related to a private telecommunications connection. The WAN connection process and associated costs does not include a telecommunications connection at the local site and/or any additional equipment. The agency shall be responsible for establishing its own telecommunications connection at the local site to the WAN connection.) D. SUPPORT. SHERIFF shall render assistance to the CONTRACTOR in order to provide for timely, efficient, and accurate implementation of CAD/CLETS/RMS network operations. E. The SHERIFF shall maintain records for auditing purposes on all CLETS entries in accordance with the Department of Justice mandates. (Note: All CAD-to-CAD Contractors' will also be responsible for maintaining their CLETS data and providing an audit trail on all CONTRACTOR terminals and/or employees accessing CLETS information via the CAD-to-CAD connection.) r. The SHERIFF 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 rule, policy, or procedure adopted by SHERIFF, 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 CONTRACTOR. VI. RESPONSIBILITIES OF CONTRACTOR A. The CONTRACTOR agrees to limit access to information furnished by SHERIFF to its own employees and other criminal justice/law enforcement agencies. The CONTRACTOR further agrees to comply with Federal and State laws, rules, procedures, and policies formally adopted in the California Law Enforcement Telecommunications 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. B. The CONRACTOR agrees to appoint an Automated Terminal Coordinator (ATC) to disseminate CLETS information and updates, to maintain training requirements and paperwork compliancy for all CONTRACTOR personnel. The assigned ATC shall understand the CLETS policies, Practices and Procedures Manual and comply with all of the Department of Justice guidelines. This appointed staff member shall be the point of contact to the SHERIFF. C. In accordance with the State CLETS Policies, Practices, and Procedures Manual, and as designated by the State of California and the SHERIFF the CONTRACTOR shall be responsible for all security and privacy considerations relating to the use of the CONTRACTOR's terminal or terminals. Page 3 of 5 I D. The data provided to SHERIFF by the CONTRACTOR 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 CONTRACTOR 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 maintaining and/or purging these records will be adhered to in order to enhance the reliability of all data. E. The CONTRACTOR is responsible to provide an audit trail of all CLETS entries made from all CONTRACTOR terminals accessing CLETS information through an established CAD-to-CAD connection. F. The CONTRACTOR agrees to cause employees; having access via the San Bernardino County IBM computer system to the Sheriffs Central Name Index (CNI), Jail Information Management System (JIMS) or any other Sheriffs Automated Systems, to complete security training before such access will be allowed. CONTRACTOR agrees to adhere to all State, COUNTY and Federal laws applicable to the confidentiality and the release of information. G. Each of the CONTRACTOR's employees requiring access to CNI must complete and sign a Central Name Index Authorization Statement, Exhibit A, attached hereto and incorporated herein by reference. VII. CNI ACCESS LIMITATIONS Nccess to the COUNTY's Sheriff Central Name Index (CNI) database is also limited, as follows: A. In the interest of maintaining a regional criminal justice database, CONTRACTOR is granted inquiry capability to the COUNTY's Sheriff CNI database for law enforcement related data. The data accessed in CNI by the CONTRACTOR will be relevant to the criminal justice process. The CONTRACTOR will cooperate with regular auditing of the system to assure security of stored data. B. The Sheriff-Coroner or his representative will act as "Controller" facilitating the entry and retrieval of computerized CNI information. VIII. INDEMNIFICATION The CONTRACTOR agrees to indemnify, defend, and hold harmless the SHERIFF and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CONTRACTOR's acts, errors, or omissions and for any costs or expenses incurred by the SHERIFF on account of any claim therefore, except where such indemnification is prohibited by law. IX. AUTHORITY The San Bernardino County Sheriff-Coroner or his authorized designee shall have the authority to exercise the rights under this contract including the right to give notice of termination of the contract at his sole discretion. Page 4 of 5 X. FULL UNDERSTANDING This contract represents the full and complete understanding of the parties with respect to the subject matter hereto, and this contract supersedes all prior oral and written agreements or understanding between the parties with respect to the subject matter hereto. This contract shall be governed by the laws of the State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court of California, County of San Bernardino, San Bernardino Division. Any amendment to this contract shall be in writing signed by both parties. City of San Bernardino San Bernardino County Sheriff's Department San Bernardino Police Department Authorized signature Sheriff-Coroner or authorized designee's signature Name of person signing agreement (print or type) Name of person signing agreement (print or type) Title Title Date Date Pate 5 of 5