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ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Subject: Resolution of the City of San
From: Keith L. Kilmer, Chief of Police Bernardino authorizing the execution of an
agreement with the County of San
Dept: Police Department Bernardino for the implementation and
operation of all Biometric Identification
Date: May 19, 2011 Systems and DNA Services (San
Bernardino CAL-ID)
Council Date: June 6, 2011
Synopsis of Previous Council Action:
May 7, 1990 Resolution #90-157 was approved authorizing the execution of an agreement
with the County of San Bernardino for the implementation and operation of an
automated identification system.
July 7, 1986 Resolution #86-257 was approved authorizing the entering into an agreement
with the County of San Bernardino for implementation of the CAL ID program.
Recommended Motion:
Approve resolution. /
Keith L. Kilmer, Chief of Police
Contact person: Captain Ernie Lemos Phone: 384-5608
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: $215,040.00
Source: Account No. 001-210-5505-0000-0083
Forensic-Prosy Budget Account
Finance:
Council Notes:
Agenda Item No.
Y 1
1
STAFF REPORT
To: Honorable Mayor and Members of the Common Council
From: Keith L. Kilmer, Chief of Police
Subject: Resolution of the City of San Bernardino authorizing the execution of an
agreement with the County of San Bernardino for the implementation and
operation of all Biometric Identification Systems and DNA Services (San
Bernardino CAL-ID)
Background:
In July 1986 the San Bernardino Police Department entered into an agreement with the County
of San Bernardino for the implementation, operation and equipment costs associated with
participation in a fingerprint processing system. In May 1990 an upgrade, adding subject
identification via DNA processing and subject photography (mug shot for visual identification),
resulted from an agreement between the County of San Bernardino and the County of Riverside
to operate the CAL-ID System through the Remote Access Network (RAN) Board. Since that
time, the San Bernardino Police Department has continually participated in the CAL-ID RAN
System, along with other cities within the Counties of San Bernardino and Riverside.
San Bernardino/Riverside CAL-ID RAN is a very cost-effective identification system that
provides services in Latent Fingerprint Identification, Ten-print Identification, Mobile
Identification and DNA casework. San Bernardino/Riverside CAL-ID RAN was the first CAL-
ID in California to have Mobile Identification search capabilities against the California
Department of Justice (DOJ) Automated Fingerprint Identification System (AFIS). This allows
for searches on "no hit" transactions against the fingerprint records of anyone booked for a crime
in the State of California. We remain one of only a few agencies in California to have this
ability.
In September 2010, DOJ allowed CAL-ID RAN access to their applicant database. With this
access, we are able to search an additional 11.83 million fingerprints from the state.
Modifications made to Mobile Identification have proven efficient. Local searches are returning
in less than 45 seconds, compared to 3 minutes previously, and DOJ searches have been reduced
from 5 minutes to less than 2 minutes. FAST-ID, a desktop version of Mobile Identification,
provides officers at the station the ability to conduct a quick search of a subject's thumbprint
against our local AFIS, both prior to booking and at the time of release. This helps reduce the
number of false names given at the time of booking and minimizes errant releases.
In October 2010, CAL-ID RAN met with Las Vegas Metro Police Department to discuss an
agreement that would allow Latent Unit to Latent Unit searches of crime scene latent prints, in
an effort to identify criminal offenders. Currently, a Memorandum of Understanding is in the
process of being signed and upon implementation of the agreement, this beneficial capability will
be available to all users.
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Financial Impact:
Member assessment fees are based on the user's percentage of the total population of all users
within the County of San Bernardino. The population figures used for allocating annual costs to
all users are the most recent State of California Department of Finance Population Estimates.
The per capita assessment fee for FY 2010/2011 is $1.05. The total assessment fee for
}
participation in CAL-ID RAN for FY 2011/2012 is $215,040.
Funds for this assessment fee of $215,040 are appropriated in FY 2011-2012 Police General
Fund Forensic-Property Budget Account (no. 001-210-5505-0000-0083).
1
Account: 001-210-5505-0000-0083 Budgeted Amount: $215,040
'1
Balance as of 5/19/2011: $219,900 Balance after approval of this item: $ 4,860
i
Please note this balance does not indicate available funding. It does not include non-
' encumbered reoccurring expenses or expenses incurred but not yet processed.
'I Recommendation:
Adopt Resolution.
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RESOLUTION NO. CO
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 WITH THE COUNTY OF SAN BERNARDINO FOR THE IMPLEMENTATION AND
4 OPERATION OF ALL BIOMETRIC IDENTIFICATION SYSTEMS AND DNA
SERVICES (SAN BERNARDINO CAL-ID)
5
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
9 and directed to execute on behalf of said City an Agreement with the County of San
10 Bernardino for the implementation and operation of all Biometric Identification Systems and
11
DNA Services, a copy of which is attached hereto marked Exhibit "A" and incorporated
12
herein by reference as frilly as though set forth at length.
13
14 SECTION 2. The authorization to execute the above referenced agreement is
15 rescinded if it is not executed within ninety (90) days of the passage of this Resolution.
16
17
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20
21
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28 ///
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 WITH THE COUNTY OF SAN BERNARDINO FOR THE IMPLEMENTATION AND
OPERATION OF ALL BIOMETRIC IDENTIFICATION SYSTEMS AND DNA
3 SERVICES (SAN BERNARDINO CAL-ID)
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
7 thereof, held on the day of , 2011, by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 VACANT
12 BRINKER
13
SHORETT
14
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19 Rachel G. Clark, CMC, City Clerk
20
21 The foregoing resolution is hereby approved this day of , 2011.
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24
25 Approved as to form:
JAMES F. PENMAN,
26 City A mey
27 By:
I
28
t
EXHIBIT A
FOR COUNTY USE ONLY
4 New Vendor Code Dept. Contract Number
Change SIC A
❑ Cancel
County Department Dept. Orgn. Contractor's License No.
SHERIFF'S DEPARTMENT SHR SHR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino GREG GARLAND,CAPTAIN (909)387-0640 $
F A S Contract Type
j M JRevenue D Encumbered 0 Unencumbered 71 Other:
STANDARD CONTRACT If not encumbered or revenue contract pe,provide reason:
i Commodity Code Contract Start Date Contract End Date Original Amount (Amendment Amount!
7/1/10 6/30/20 $ j $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I!D
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
F City of San Bernardino hereinafter called CITY
Address
t 300 North D Street
I
6 San Bernardino. CA 92418
Telephone Federal ID No.or Social Security No.
k (909) 384-5211
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.)
WHEREAS, a region composed of the area of the Counties of Riverside and San Bernardino has been formed for
implementation and operation of Identification Systems; and
WHEREAS, the costs of the Regional System will be allocated to the users within the aforesaid Counties based
upon an agreed percentage for the San Bernardino County area and for the Riverside County area; and
WHEREAS, there will be costs for implementation and operation, and maintenance of a local subsystem within
."Jai�� Bernardino County y (her eii rafter rc erred to as COV"y i ir1; ai i 4
WHEREAS, in accordance with California Penal Code Section 11112.4, a local Remote Access Network
(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 CAL-ID Member
AuditorlController-Recorder Use Onl
❑Contract Database ❑FAS
Input Date Keyed By
Page 1 of 6
r_;ity 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 established pursuant to Government Code Section
50270 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 all Biometric Identification Systems and DNA Services for the benefits of the citizens of their
jurisdictions;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, the parties hereto agree as
follows:
I. SCOPE OF WORK
A. CITY agrees to be users of the Identification Systems and DNA Services 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.
B. 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.
f C. The Sheriff's Department shall invoice and the CITY agrees to pay annual fees charged for
I` participation in these Identification Systems based upon a per capita fee established by the RAN
Board and multiplied by the most recent State of California Department of Finance Population
Estimates.
D. CITY shall pay to the Sheriff's Department of COUNTY within thirty (30) days of entering into this
agreement its fees assessed under this agreement. CITY shall pay its annual fee by August 1St or
fifteen (15) days after approval of CITY's budget, whichever is later. Payments under this
agreement shall be placed in an interest bearing trust account and the interest earned on such
funds shall be applied for expenses of the Identification Systems. Any revenue generated in excess
I of expenses will be retained to fund equipment replacement, upgrade and expansion. and
F personnel costs.
E. Any amendments to this agreement shall be in writing and approved by the parties before
becoming effective.
I1. TERM AND TERMINATION
A. The term of this agreement shall commence upon execution by both parties and shall continue
through June 30, 2020. Either party may terminate this agreement by giving notice of termination to
the other party on or before July 1 of any year to terminate this agreement as of the subsequent
July 1 Any nonmember party that would likes tr) utilize the Identification System must notify and be
approved by the local RAN Board before July 1 of any year to enter this agreement as of the
subsequent July 1.
III. NOTICES
A. All notices required to be given under this agreement shall be delivered to the other parties by
registered or certified mail, postage prepaid to the City Clerk or San Bernardino County Sheriff as
applicable. The addresses of the parties hereto, until further notice, are as follows:
Revised 1/13/2009 Page 2 of 6
CONTRACTOR: City of San Bernardino
300 North D Street
San Bernardino, CA 92418
COUNTY: San Bernardino County Sheriff's Department
Bureau of Administration/Contracts Unit
P.O. Box 569
San Bernardino, CA 92402-0569
1V. GENERAL TERMS AND CONDITIONS
A. 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 fees assessed pursuant to the terms of this
agreement.
B. Any user of the systems which is allowed to enter into program participation may be required to pay
its fair share of the start-up, implementation, and equipment costs prior to participation in the
Systems. Any such new users may be subject to additional assessments as recommended by the
local RAN Board.
C. 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 fees are charged to all users based on their
percentage of the population of all users within the San Bernardino County area of the Regional
Systems.
D. 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.
E. Use of ARRA Funds and Requirements
This Contract may be funded in whole or in part with funds provided by the American Recovery and
Reinvestment Act of 2009 ("ARRA"), signed into law on February 17; 2009. Section 1605 of ARRA
prohibits the use of recovery funds for a project for the construction, alteration, maintenance or
repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron,
steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in
the United States_ A waiver is available under three limited circumstances: (i) Iron, steel or relevant
manufactured goods are not produced in the United States in sufficient and reasonable quantities
and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the
United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying
the domestic preference would be inconsistent with the public interest. This is referred to as the
"Buy American" requirement. Request for a waiver must be made to the County for an appropriate
"stem inativn-
i
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing
on projects of a character similar in the locality as determined by the Secretary of Labor in
0 accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate"
requirement.
Revised 1/13/2009 Page 3 of 6
I ,
f
The above described provisions constitute notice under ARRA of the Buy American and wage rate
requirements. Contractor must contact the County contact if it has any questions regarding the
applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor
will also be required to provide detailed information regarding compliance with the Buy American
requirements, expenditure of funds and wages paid to employees so that the County may fulfill any
reporting requirements it has under ARRA. The information may be required as frequently as
monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as
requested by the County pursuant to this provision_ Failure to do so will be deemed a default and
may result in the withholding of payments and termination of this Contract.
Contractor may also be required to register in the Central Contractor Registration (CCR) database
F at http://vvww.ccr.gov and may be required to have its subcontractors also register in the same
database. Contractor must contact the County with any questions regarding registration
requirements.
Schedule of Expenditure of Federal Awards
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper
accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to
separately identify the expenditures for each grant award funded under ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the
Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal
award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that
separate accountability and disclosure is provided for ARRA funds by Federal award number
consistent with the recipient reports required by ARRA Section 1512 (c)_
In addition, Contractor agrees to separately identify to each subcontractor and document at the time
of sub-contract and at the time of disbursement of funds, the Federal award number, any special
CFDA number assigned for ARRA purposes, and amount of ARRA funds.
Contractor may be required to provide detailed information regarding expenditures so that the
County may ful fill any reporting requirements under ARRA described in this section. The
information may be required as frequently as monthly or quarterly. Contractor agrees to fully
cooperate in providing information or documents as requested by the County pursuant to this
provision. Failure to do so will be deemed a default and may result in the withholding of payments
and termination of this Contract
V. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. INDEMNIFICATION. CITY agrees to indemnify and hold harmless SAN BERNARDINO
COUNTY, its officers, employees, agents, and volunteers from any and all liabilities for
injury to persons and damage to property arising out of any negligent act or omission of
CITY in connection with this agreement.
The SAN BERNARDINO COUNTY agrees to indemnify and hold harmless CITY, from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or omission of
SAN BERNARDINO COUNTY, its officers, employees, agents, and volunteers in connection with
this agreement.
In the event that SAN BERNARDINO COUNTY and/or CITY is found to be comparatively at fault for
any claim, action, loss or damage which results from their respective obligations under the contract,
Revised 1/13/2009 Page 4 of 6
SAN BERNARDINO COUNTY ,and/or CITY shall indemnify the other to the extent of its
comparative fault.
B. INSURANCE. Both CITY and San Bernardino Counties are self-insured public entities for purposes
of professional liability, general liability, and Workers' Compensation. CITY and San Bernardino
Counties warrants that through its program of self-insurance, it has adequate professional liability,
general liability and Workers' Compensation to provide coverage for liabilities arising out of CITY
and San Bernardino Counties performance of this agreement.
VI. FULL UNDERSTANDING
A. This contract represents the full and complete understanding of the parties with respect to the
subject matter hereto; this contract supersedes Contract Number 90-1318 and 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.
Revised 1/13/2009 Page 5 of 6
E
COUNTY OF SAN BERNARDINO
(Print or type name of corporation,company,contractor,etc.)
s By s
Josie Gonzales. Chair, Board of Supervisors (Authorized signature-sign in blue ink)
Dated: Name
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title
CHAIRMAN OF THE BOARD (Print or Type)
Laura H. Welch Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
By Address
Deputy
Approved as to Legaf Form Reviewed by Contract Compliance Presented to BOS for Signature
County Counsel,Steven Singley,Deputy Department Head
ate Date Date
Revised 1/13/2009 Page 6 of 6
2011-119
Lr
FOR COUNTY USE ONLY
New Vendor Code Dept. Contract Number
J SC /t,Change A El Cancel County Department Dept. Orgn. Contractor's License No.
SHERIFF'S DEPARTMENT SHR SHR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino GREG GARLAND,CAPTAIN (909)387-0640 $
F A S Contract Type
Revenue 1771 Encumbered El Unencumbered R Other:
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
7/1/10 6/30/20 $ $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJIJOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
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 hereinafter called CITY
Address
300 North D Street
San Bernardino, CA 92418
Telephone Federal ID No.or Social Security No.
(909) 384-5211
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.)
WHEREAS, a region composed of the area of the Counties of Riverside and San Bernardino has been formed for
implementation and operation of Identification Systems; and
WHEREAS, the costs of the Regional System will be allocated to the users within the aforesaid Counties based
upon an agreed percentage for the San Bernardino County area and for the Riverside County area; and
WHEREAS, there will be costs for implementation and operation, and maintenance of a local subsystem within
San Bernardino County y (her ei rafier rc erred to as CvvNTY); and
WHEREAS, in accordance with California Penal Code Section 11112.4, a local Remote Access Network
(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 CAL-ID Member
Auditor/Controller-Recorder Use Onl
❑Contract Database ❑FAS
F Input Date Keyed By
Page 1 of 6
2011-119
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 established pursuant to Government Code Section
50270 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 all Biometric Identification Systems and DNA Services for the benefits of the citizens of their
jurisdictions;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, the parties hereto agree as
follows:
I. SCOPE OF WORK
A. CITY agrees to be users of the Identification Systems and DNA Services 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.
B. 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.
C. The Sheriff's Department shall invoice and the CITY agrees to pay annual fees charged for
participation in these Identification Systems based upon a per capita fee established by the RAN
Board and multiplied by the most recent State of California Department of Finance Population
Estimates.
D. CITY shall pay to the Sheriff's Department of COUNTY within thirty (30) days of entering into this
agreement its fees assessed under this agreement. CITY shall pay its annual fee by August 151 or
fifteen (15) days after approval of CITY's budget, whichever is later. Payments under this
agreement shall be placed in an interest bearing trust account and the interest earned on such
funds shall be applied for expenses of the Identification Systems. Any revenue generated in excess
of expenses will be retained to fund equipment replacement, upgrade and expansion, and
personnel costs.
E. Any amendments to this agreement shall be in writing and approved by the parties before
becoming effective.
II. TERM AND TERMINATION
A. The term of this agreement shall commence upon execution by both parties and shall continue
through June 30, 2020. Either party may terminate this agreement by giving notice of termination to
the other party on or before July 1 of any year to terminate this agreement as of the subsequent
July 1. Any nonmember party that would like to utilize the Identification System must notify and be
approved by the local RAN Board before July 1 of any year to enter this agreement as of the
subsequent July 1.
III. NOTICES
A. All notices required to be given under this agreement shall be delivered to the other parties by
registered or certified mail, postage prepaid to the City Clerk or San Bernardino County Sheriff as
applicable. The addresses of the parties hereto, until further notice, are as follows:
Revised 1/13/2009 Page 2 of 6
2011-119
CONTRACTOR: City of San Bernardino
300 North D Street
San Bernardino, CA 92418
COUNTY: San Bernardino County Sheriff's Department
Bureau of Administration/Contracts Unit
P.O. Box 569
San Bernardino, CA 92402-0569
IV. GENERAL TERMS AND CONDITIONS
A. 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 fees assessed pursuant to the terms of this
agreement.
B. Any user of the systems which is allowed to enter into program participation may be required to pay
its fair share of the start-up, implementation, and equipment costs prior to participation in the
Systems. Any such new users may be subject to additional assessments as recommended by the
local RAN Board.
C. 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 fees are charged to all users based on their
percentage of the population of all users within the San Bernardino County area of the Regional
Systems.
D. 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.
E. Use of ARRA Funds and Requirements
This Contract may be funded in whole or in part with funds provided by the American Recovery and
Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA
prohibits the use of recovery funds for a project for the construction, alteration, maintenance or
repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron,
steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in
the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant
manufactured goods are not produced in the United States in sufficient and reasonable quantities
and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the
United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying
the domestic preference would be inconsistent with the public interest. This is referred to as the
"Buy American" requirement. Request for a waiver must be made to the County for an appropriate
determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing
on projects of a character similar in the locality as determined by the Secretary of Labor in
accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate"
requirement.
Revised 1/13/2009 Page 3 of 6
2011-119
The above described provisions constitute notice under ARRA of the Buy American and wage rate
requirements. Contractor must contact the County contact if it has any questions regarding the
applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor
will also be required to provide detailed information regarding compliance with the Buy American
requirements, expenditure of funds and wages paid to employees so that the County may fulfill any
reporting requirements it has under ARRA. The information may be required as frequently as
monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as
requested by the County pursuant to this provision. Failure to do so will be deemed a default and
may result in the withholding of payments and termination of this Contract.
Contractor may also be required to register in the Central Contractor Registration (CCR) database
at hftp://www.ccr.gov and may be required to have its subcontractors also register in the same
database. Contractor must contact the County with any questions regarding registration
requirements.
Schedule of Expenditure of Federal Awards
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper
accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to
separately identify the expenditures for each grant award funded under ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the
Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal
award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that
separate accountability and disclosure is provided for ARRA funds by Federal award number
consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the time
of sub-contract and at the time of disbursement of funds, the Federal award number, any special
CFDA number assigned for ARRA purposes, and amount of ARRA funds.
Contractor may be required to provide detailed information regarding expenditures so that the
County may fulfill any reporting requirements under ARRA described in this section. The
information may be required as frequently as monthly or quarterly. Contractor agrees to fully
cooperate in providing information or documents as requested by the County pursuant to this
provision. Failure to do so will be deemed a default and may result in the withholding of payments
and termination of this Contract
V. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. INDEMNIFICATION. CITY agrees to indemnify and hold harmless SAN BERNARDINO
COUNTY, its officers, employees, agents, and volunteers from any and all liabilities for
injury to persons and damage to property arising out of any negligent act or omission of
CITY in connection with this agreement.
The SAN BERNARDINO COUNTY agrees to indemnify and hold harmless CITY, from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or omission of
SAN BERNARDINO COUNTY, its officers, employees, agents, and volunteers in connection with
this agreement.
In the event that SAN BERNARDINO COUNTY and/or CITY is found to be comparatively at fault for
any claim, action, loss or damage which results from their respective obligations under the contract,
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d
2011-119
SAN BERNARDINO COUNTY ,and/or CITY shall indemnify the other to the extent of its
comparative fault.
B. INSURANCE. Both CITY and San Bernardino Counties are self-insured public entities for purposes
of professional liability, general liability, and Workers' Compensation. CITY and San Bernardino
Counties warrants that through its program of self-insurance, it has adequate professional liability,
general liability and Workers' Compensation to provide coverage for liabilities arising out of CITY
and San Bernardino Counties performance of this agreement.
VI. FULL UNDERSTANDING
A. This contract represents the full and complete understanding of the parties with respect to the
subject matter hereto; this contract supersedes Contract Number 90-1318 and 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.
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2011-119
COUNTY OF SAN BERNARDINO
(Print or type name of corporation,company,contractor,etc.)
By No.
Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink)
Dated: Name
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title
CHAIRMAN OF THE BOARD (Print or Type)
Laura H.Welch Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
By Address
Deputy
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
IN- to-
County Counsel,Steven Singley,Deputy Department Head
Date Date Date
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