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Home My WebLink About2008-361 - 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 NO. 2008-361 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 3-YEAR AGREEMENT WITH THE COUNTY OF SAN BERNARDINO SHERIFF'S DEPARTMENT TO PROVIDE USER ACCESS INTO THE NATIONAL AND CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEMS (NLETS/CLETS) AND THE SHERIFF'S CENTRAL NAME INDEX (CNI). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I: That the Mayor and Common Council of the City of San Bernardino authorize the City Manager to execute on behalf of the City a 3-year Agreement between the City of San Bernardino and the County of San Bernardino for user access into the National and California Law Enforcement Telecommunications Systems (NLETS/CLETS) and the Sheriffs Central Name Index (CNI), in an amount not to exceed $22,065.52 each fiscal year, a copy of which is attached hereto, marked Exhibit A, and incorporated herein by this reference. SECTION 2: Authorization to execute the above referenced Agreement is rescinded if not fully executed within ninety (90) days of the passage of this resolution. III III III III III III III III III 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2006-361 . 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 3-YEAR AGREEMENT WITH THE COUNTY OF SAN BERNARDINO SHERIFF'S DEPARTMENT TO PROVIDE USER ACCESS INTO THE NATIONAL AND CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEMS (NLETS/CLETS) AND THE SHERIFF'S CENTRAL NAME INDEX (CNI). 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 8 9 joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15th day of September , 2008, by the following vote, to wit: 10 Council Members Abstain Absent Ayes Nays X - X X X X X X ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK Q~~.~ RacMl G. Clark, City Clerk The foregoing Resolution is hereby approved this /'p/JI day of September ,2008. Approved as to Form: I~ 2008:..361 , Exhibit "A" SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT SCHEDULE 'A' CITY OF SAN BERNARDINO SAN BERNARDINO POLICE DEPARTMENT FY 2008-09 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) (SBCX) $90.00 CLETS Transactions Cost (2007 data) $18,724.08 CLETS ANNUAL MAINTENANCE & SUPPORT COSTs:1 $20,014.081 QUARTERLY PAYMENT SCHEDULE 1st Quarter (July - September) 2nd Quarter (October - December) 3rd Quarter (January - March) 4th Quarter (April- June) $5,003.52 $5,003.52 $5,003.52 $5,003.52 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 Sheriffs Department Jail Management System (JIMS) Sheriffs Central Name Index (CNI) Sheriff's Automated Warrants (SAW) Page I of I City Agreement No.: 2008~361 County Agreement No.: SHR08-0132 AGREEMENT FOR ACCESS TO SHERIFF'S AUTOMATED SYSTEMS This agreement is made and entered into on this fifteenth day of September, 2008, 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 Sheriffs 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 (transaction fees apply) 6. Super Name Search network (transaction fees apply) 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. Sheriffs Central Name Index (CNI) (transaction fees apply) 12. Sheriffs 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. 1. CLETS Teleprocessing Support!Maintenance Costs (Billed by Sheriffs Department) 2. CLETS Terminal Browser Access (Billed by Sheriffs Department) 3. Transaction Fees (Billed by Sheriffs 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 lof5 2008-361 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 armually 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 three years commencing on July I, 2008, or thereafter commencing upon the date of approval by the Sheriff or his designee. 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 oftermination. 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 of5 2008-361 C. EOUIPMENT. The SHERIFF shall provide, maintain, operate, and manage equipment for an electronic data communications system in the San Bernardino County Sheriffs 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 Sheriffs Message Switch computer: I. 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 ofCADICLETS/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.) F. 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 justicellaw 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/NCICICCH (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 A TC 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 ofthe CONTRACTOR's terminal or terminals. Page3 of 5 2008-361 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 Access 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. CONTRACTOR agrees to require all employees who access CNI to complete and sign a Central Name Index Authorization Statement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. C. 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 (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willfulemisconduct" within the meaning of Civil Code Section 2782. Page 4 of5 2008-361 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. 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. RJ SASFormAgreement_SanBemardino08.doc City of San Bernardino San Bernardino Police Department San Bernardino County Sheriff's Department Authorized signature &lD Lori Sassoon Name of person signing agreement (print or type) 21vA#S JI Name of person signing agreement (pri or type) Acting City Manager Title ~~~ Title September 30, 2008 Date /~.rfrfV , Date APPROVED AS TO FORM. Jim. F. Penm.a, Cltf Allor.., Ifl r 9-~. '. : ~. J ~. ,..f.; ';l\~ . .'~ ',.,{i: ';,-:'~~~~:]' Page 5 of5