HomeMy WebLinkAbout2011-119
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RESOLUTION NO. 7011-119
RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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)
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an Agreement with the County of San
Bernardino for the implementation and operation of all Biometric Identification Systems and
DNA Services, a copy of which is attached hereto marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above referenced agreement IS
rescinded if it is not executed within ninety (90) days of the passage of this Resolution.
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2011-119
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting
thereof, held on the 6th day of June
, 20 11, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
Council Members:
AYES
MARQUEZ
x
VACANT
x
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
x
17 MCCAMMACK
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June
, 2011. .
day of
The foregoing resolution is hereby approved this
Approved as to form:
JAMES F. PENMAN,
City Arney
.; <90v-4--
2011-119
EXHIBIT A
New
Change
o Cancel
County Department
SHERIFF'S DEPARTMENT
Vendor Code
FOR COUNTY USE ONL Y
Dept.
SC A
Contract Number
Dept. Orgn.
SHR SHR
Contractor's License No.
County of San Bernardino
County Department Contract Representative
GREG GARLAND, CAPTAIN
Telephone
(909)387-0640
Total Contract Amount
$
FAS
other:
STANDARD CONTRACT
Commodity Code I Contract Start Date I Contract End Date Original Amount r Amendment Amount'
I
7/1/10 ! 6/30/20 $ ! $
Fund Dept. Organization Appr Obj/Rev Source GRC/PROJ/JOB No Amount
, $
Fund Dept. Organization Appr. ObjfRev 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 lID FY Amount lID
- -
- -
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
Address
300 North 0 Street
hereinafter called CITY
San Bernardino, CA 92418
Telephone
(909) 384 - 5211
Federal 10 No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS: r
(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 implernentation and operation, and maintenance of a local subsystem within
San Bernardino County (hereinafter referred to as COU~iTY): 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 Onlv
o Contract Database 0 F AS
Input Date I 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-Iarge 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 1 st or
fifteen (15) days after approval of CITY's budget, whichever is later. Payments under this
agreement shali 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 TERMINA liON
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. ,ll,ny 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 CARRA"), 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 http://www.ccrqov 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 quarteriy. 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
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.
Revised 1/13/2009
Page 5 of 6
2011-119
COUNTY OF SAN BERNARDINO
(Print or type name of cOlporation, company, contractor, etc.)
By
~
~
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
CHAIRMAN OF THE BOARD
Laura H. Welch
Clerk of the Board of Supervisors
of the County of San Bernardino
Title
(Print or Type)
Dated:
By
Address
Deputy
Approved as to Legal Form
Reviewed by Contract Compliance
Presented to BOS for Signature
~
County Counsel. Steven Singley, Deputy
~
~
Department Head
Date
Date
Date
Revised 1/13/2009
Page 6 of 6
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALlF,ORNIA
AND RECORD OF ACTION
June 28, 2011
FROM: ROD HOOPS, Sheriff/Coroner/Public Administrator
Sheriff/Coroner/Public Administrator
SUBJECT: CONTRACTS WITH CITIES FOR REGIONAL IDENTIFICATION SYSTEMS
RECOMMENDATION(S)
Approve contracts with all 24 cities in San Bernardino CCItlnty for the continued participation in the
Regional Identification Systems, for a ten year period, commencing retroactively from July 1,
2010 through June 30,2020, for estimated annual revenue of $2.2 million.
(Affected Districts: All)
(Presenter: Greg Garland, Captain, 387-0640)
BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES
Maintain Public Safety.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
FINANCIAL IMPACT
The cost of the Regional Identification Systems are shared by Riverside and San Bernardino
counties based upon the percentage of workload generated by each county. Under the terms of
the contract, San Bernardino County's share is allocated to the cities and the County through an
annual per capita assessment. The current per capita fee approved by the local Remote Access
Network (RAN) Board is $1.05. Based upon California Department of Finance popUlation
estimates as of January 1, 2009 (population: 2,060,950), the per capita assessment will generate
revenue of $2,163,997.50 for Fiscal Year 2010-11. The cost detail by city is prOVided on Exhibit
A, attached. The per capita cost to the Sheriff's Department (Department) for the unincorporated
area is $311,098.
BACKGROUND INFORMATION
On May 7, 1990 (Item 63), the Board of Supervisors (Board) approved Contract No. 90-449 with
the County of Riverside for the formation of a RAN to participate in the State's California
Identification System (CAL-ID), which is an automated system maintained by the Department of
Justice for retaining fingerprint files and identifying latent fingerprint. Pursuant to that agreement,
San Bernardino and Riverside Counties share in the funding of the Regional Identification
Systems and are also each responsible for the cost of maintaining and operating their local
subsystem. Both local and regional programs are funded by revenues that are generated from
assessments charge,d to participating municipalities as well as portions of court fines. The
Page 1 of 2
ITEM 119
MOTION
MOVE
4
AYE
5
cc: Sheriff-Garland wI agree
Contractor clo Dept wI agree
ACR-Acct Pay Mgr wI agree
EBIXlBPO clo Risk
Sheriff-Hoops
CAO-Erickson
File - wI agree
jr 8/2111
LAURA H.
BY
R.. 4-11-11
CONTRACT WITH CmES FOR REGIONAL IDENTIFICATION SYSTEMS
JUNE 28, 2011
PAGE 2 OF 2
regional system is administered by the San Bernardino County Sheriff's Department
(Department).
On November 26, 1990 (Item 22), the Board approved Contract Agreements with all 24 of the
County's citiesltown for participation in the CAL-ID program. These Agreements were
subsequently amended on July 27, 1992 (Item 27) to clarify contract language.
As the program has evolved over the past twenty years, the original agreements have become
outdated. The proposed new contract updates the contract language to coincide with the current
relationship between the COOnty and the cities. Since the current contracts were approved,
tremendous advancements have been made in the field of DNA technology and the counties of
Riverside and San Bernardino have extended the RAN Board's authority to include funding for
Department's DNA Unit (CAL-DNA). The new contract includes CAL-DNA and allows for inclusion
of other biometric identification systems in the future (i.e. facial recognition, optical scan, etc.).
The current agreement has an open-ended term with no fixed end date. Due to the long standing
relationship between our County and the cities, and since this contract is not subject to
competitive procurement rules, the Department is proposing the new contracts have a ten-year
term; commencing retroactively from July 1, 2010 through June 30, 2020. Either party may
terminate this agreement upon one-year advance written notice on or before July 1 of any year.
The Department requests approval of contracts with the following cities:
Cltv
CiiV of Adelanto
Town of ADDie Valley
City of Barstow
City of Big Bear Lake
CI tv of Chino
Ci tv of Chino Hills
Ci v of Colton
C' v of Fontana
C' v of Grand Terrace
Ci y of Hesceria
CI y of Highland
cliV of Loma Linda
Contract No.
11-439
11-440
11-441
11-442
11-443
11-444
11-445
11-446
11-447
11-448
11-449
11-450
Citv
Ci y of Montclair
Ct y of Needles
Ci v of Ontario
Ci y of Rancho Cucamonaa
Ci ~ of Redlands
Ci y of Rialto
Ci y of San Bernardino
C' y of Twentvnine Palms
C'w of UDland
Ci tv of Victorville
Citv of YucaiDa
Town of Yucca Valley
Contract No.
11-451
11-452
11-453
11-454
11-455
11-456
11-457
11-458
11-459
11-460
11-461
11-462
This item is being submitted to the Board along with a companion item on today's agenda to
approve the new contract with Riverside County for the continuation of the regional programs.
Due to unanticipated delays in obtaining signed contracts from all 24 cities, the Department is
requesting approval of the contracts retroactively to July 1, 2010.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Steven Singley, Deputy County Counsel, 387-
4271) on June 2, 2011; and the County Administrative Office (Matthew Erickson, Administrative
Analyst, 387-3937) on June 20, 2011.
'.
6/28/11 #119
t'
2011-119
New
Change
o Cancel
County Department
SHERIFF'S DEPARTMENT
Vendor Code
FOR COUNTY USE ONL Y
Dept.
sc
A
Dept.
SHR
Orgn.
SHR
County of San Bernardino
County Department Contract Representative
GREG GARLAND, CAPTAIN
Telephone
Total Contract Amount
FAS
$
Other:
STANDARD CONTRACT
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/PROJ/JOB No. Amount
$
Project Name Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount liD
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
Address
300 North D Street
hereinafter called CITY
San Bernardino, CA 92418
Telephone
(909) 384 - 5211
FederallD No. or Social Security No.
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
C'~~ Be~~~~..JI.~o r'~,,~~.. f....e~~:~~~~r ~~~~r~ed +0 as r'AllPdTV)" ~~...t
\JC;1I1 IIIQIUII vUUlllY \11 Ic;lIlC:Ul.~ 1'Ci11l:::; I l v\..lUI'I. J ,OIIU
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 Onlv
o Contract Database 0 F AS
Input Date I 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-Iarge 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 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
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
""f-_''''.~.-'~;._~"",!_,,,,,,,_.",_'''_"__;''''~~~~'''~'';''.''''''''''_.,,,--,-
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
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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 http://www.ccr.Qov 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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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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COUNTY OF SAN BERNARDINO
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Date
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