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Home My WebLink About1986-257 . ,. 1 RESOLUTION NO. 86-257 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 FINGERPRINT IDENTIFICATION SYSTEM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with the County of San Bernardino relating to the 9 implementation and operation of an automated fingerprint 10 identification system, a copy of which is attached hereto, marked 11 Exhibit "A" and incorporated herein by reference as fully as 12 though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a reqular meeting thereof, held on 16 the 7th day of July , 1986, by the following vote, 17 to wit: 18 19 20 21 22 23 24 AYES: Council Members Reilly. Hernandez, Marks, Ouiel. Frazier. Strickler NAYS: None ABSENT: Council Member Estrada The foregoing resolution is ~/7/N7/?/~ ~ City Clerk approved this I;) tL day 25 of July , 1986. 26 Approved as to form: ~: c~?12~~ M . . " FOR COUNTY USE ONLY County C.partment Contract Numoer County Capartmant Contract Representative Contractor's L;cln,.l\;umber: Ph. Ext. Budpt Unit No. I Sub-Objlct No. I Fund No. I Job No. I Amo,",nt of Contract Project Nama: If contract has more than ana payment or receipt, complete the following: Payments Eltlm.~: APproximate Amount Each: .-Jili.... COUNTY OF SAN BERNARDINO . STANDARD CONTRACT ~ THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and Name hereafter called Adar... Phone Birth Olta Feder.IID No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: , (UItI space below and additional bond sheets. Set forth serviCfl 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.) ~ WHEREAS, Senate Bill No. 190 (Chapter 1234 of the 1985-86 Legislative Session) provides fgr funding and procedures relating to the California Identification System: and WHEREAS, a region composed of the area of the Counties of Riverside and San Bernardino has been formed for implementation and operation of an Automated Fingerprint Identification System in compliance with Senate Bill No. 190: and WHEREAS, 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 WHEREAS, there will be costs for implementation and operation of a local subsystem within San Bernardino County: and WHEREAS, 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 WHEREAS, the County of San Bernardino and CITY desire to enter into an agreement for the implementation and operation of an Automated Fingerprint Identification System for the benefit of the citizens of their jurisdictions: .'. l . . ,. NOW THEREFORE, in consideration of the mutual covenants, conditions, and stipulations hereinafter set forth, the parties hereto agree as follows: 1. CITY agrees to be a user of the Automated Fingerprint Identification System established for the areas of San Bernardino and Riverside Counties. CITY's use of the System under this agreement shall be througn the local subsystem for the San Bernardino County area. 2. It is agreed that the total costs applicable to the San Bernardino County area for the Regional System which are not paid by the State and the total costs for the local subsystem within San Bernardino County which are not paid by the State shall be allocated to each user within San Bernardino County based on the users 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 System shall be consistent with the budgets approved by the Regional and Local RAN Boards. The costs for the local subsystem 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 Automated Fingerprint Identification System. The Local RAN Board shall approve such for the local subsystem for the San Bernardino County area. The Sheriff of the COUNTY shall be responsible for managing and operating the local subsystem 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 System. 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 for the first year (July I, 1986 through June 30, 1987) based upon the assumption that all cities within San Bernardino County will participate in the program. COUNTY's Auditor/Controller/Recorder shall suosequently adjust the billing to CITY based upon actual participation 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 Automated Fingerprint Identification System. 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 1st. Page 2 of 3 -4---- d I . .. 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 subsystem for the San Bernardino County area, COUNTY's Sheriff shall fiscally manage the funds and expenditures of the Automated Fingerprint Identification System and establish a separately identifiable account for allocating costs pursuant to the terms of this agreement. 9. Any user of the System which is allowed to enter into program participation after the System has originally been implemented shall be required to pay its fair share of original start-up, implementation and equipment costs prior to participation in the System. 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 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. , ' 10. Each user of the Automated Fingerprint Identification System within the San Bernardino County area shall be required ~o 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 System. 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 System and the local subsystem 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 indemnify 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. COUNTY OF SAN BERNARDINO ~ Chairman, Board of Supervisors (State if corporation. company. etc.) Dated By~ (Authorized SignatufftJ Dated ATTESTED: Title ~ Clerk of the Board of Supervisors Address ApprOved as to Legal Form Aeviewed as to Affirmative Action Reviewed for Processing ~ ~ ~ COunty Counsel Agency Administr.tor/CAO Date Date Oete