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HomeMy WebLinkAbout05.T- Police RESOLUTION(ID# 1578) DOC ID: 1578 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Robert Handy M/CC Meeting Date: 03/19/2012 Prepared by: Raymond King, (909)384-5742 Dept: Police Ward(s): 4 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with the City of Highland for a Permanent Encroachment License Agreement. Financial Imnact: No financial impact to the City Motion: Adopt Resolution. Synopsis of Previous Council Action: None. Background: The City of Highland was awarded a federal COPS Technology grant which is funding the city's entire Automated License Plate Reader (ALPR) project. The project includes the installation of ALPR cameras on all 13 marked patrol sedans assigned to the Highland Police Department and fixed-point cameras at five strategically placed locations throughout the City of Highland. Two of the five locations border with the City of San Bernardino, and the City of Highland is requesting a Permanent Encroachment License Agreement (Exhibit A) for the site at City Creek Wash. Power for both sites will be billed directly to the City of Highland. The City of Highland has identified these two sites as being: • Two cameras mounted on a new pole on the north side of Highland Avenue just east of the bridge over the City Creek Wash - between the eastern edge of the bridge and the access road to the East Valley Water District's water treatment facility. The cameras will face east on Highland Avenue (Attachments 1A-1C). • Two cameras mounted on an existing traffic signal pole at the north-east comer of Highland Avenue and Victoria Avenue. The cameras will face north on Victoria QAvenue. Updated:3/15/2012 by Sabdi Sanchez B 1578 © Two cameras are being used at each site to capture both traffic lanes. The ALPR cameras are designed to read license plates and immediately compare the captured information against a known data base of wanted vehicles. This includes Amber Alerts, stolen vehicles, lost or stolen plates and vehicles entered into the National Crime Index Computer (NCIC) to alert officers to serious offenders. When a wanted vehicle passes a fixed point ALPR camera, a sheriffs department dispatcher is alerted and the description of the vehicle is broadcasted to all officers in the area including the San Bernardino Police Department. Access to ALPR information is strictly limited to law enforcement personnel who are conducting criminal investigations. These cameras are not intended to be used for any form of traffic enforcement. ALPR information will be openly shared between the San Bernardino County Sheriff's Department and the San Bernardino Police Department,which will greatly enhance the investigative benefits. These benefits include investigators querying the system to see what vehicles came through the intersection following a crime. The software will display a photograph of each car and identify the license plate of the suspect vehicle. This provides the investigator photographic evidence that positively puts the suspect vehicle near the scene of the crime. A copy of the San Bernardino County Sheriffs Highland Station ALPR policy is included as Exhibit B. © City Attorney Review: Su000rtim Documents: Exhibit A Encroachment License Agreement(PDF) Resolution (DOCX) Attachment IA Caltrans Standard Type 15 Pole (PDF) Attachment 113 Pole Foundation (PDF) Attachment 1C Pole Location(PDF) Attachment 2 Highland Letter (PDF) Exhibit B Highland PD Policy (PDF) agrmt 1578 (PDF) reso 1578 (PDF) Updated:3/15/2012 by Sabdi Sanchez B Packet Pg. 316 EXHIBIT A C LICENSE AND AGREEMENT FOR ENCROACHMENT OF A POLE UPON WHICH AN AUTOMATED LICENSE PLATE READING(ALPR)CAMERA WILL BE MOUNTED AND APPURTENANT FACILITIES WITHIN THE NORTH SIDE OF HIGHLAND AVENUE AT THE EASTERN EDGE OF THE CITY CREEK BRIDGE,IN THE CITY OF SAN BERNARDINO,CA AND FOR AN AUTOMATED LICENSE READING(ALPR)CAMERA TO BE INSTALLED ON AN EXISTING POLE ON THE NORTH-EAST CORNER OF HIGHLAND AVENUE AND VICTORIA AVENUE,IN THE CITY OF SAN BERNARDINO,CA. a v A THIS LICENSE AND AGREEMENT ("Agreement") is made and entered into 0 x this day of 2012, by and between the CITY OF o _T HIGHLAND, hereafter referred to as "Licensee," and the CITY OF SAN BERNARDINO, a r c, municipal corporation,hereafter referred to as "City." N WITNESSETH: o 2 d For and in consideration of the mutual promises and covenants herein contained, � I the parties hereto agree as follows: E © 1. City hereby gives permission, removable and terminable as hereinafter provided, a d to Licensee for an encroachment to install,maintain, inspect, operate, protect, repair,replace and U retain in place a pole upon which an Automated License Plate Reading (ALPR) camera will be J c E E mounted and appurtenances thereto, including any facilities necessary for protection thereof m 0 (hereafter, "Encroachment") at the north side of Highland Avenue at the eastern edge of the City w Creek Bridge, San Bernardino, CA 92346, as shown on the details attached hereto as Z r Attachments"IA-IC", and in accordance with that letter, dated August 12, 2011, from Licensee w c attached hereto as Attachment "2", both incorporated herein by reference. City also hereby £ u gives permission, removable and terminable as hereinafter provided, to License for an a encroachment to install, maintain, inspect, operate, protect, repair, replace and retain in place an Automated License Plate Reading(ALPR) camera on an existing pole at the north-east corner of [~, Highland Avenue and Victoria Avenue, San Bernardino, CA 92346. In the event that Licensee �/ 1 of 8 EXHIBIT A at any future time desires to expand its facilities to include public streets, highways and/or alleys other than as shown on said Attachments "IA-IC" as authorized by this Agreement, an amendment of this Agreement shall be required before undertaking any such expansion, and subject to any requirements or conditions as may be imposed by the Director of Public Works of a J the City, or his/her designee. n c m 2. Licensee agrees to install,use and maintain said Encroachment as required by this M Agreement. Any pole and appurtenant facilities installed, located or maintained pursuant to this o _T Agreement shall be so placed and maintained as not to interfere with the use of any public m r N streets, highways, alleys or bridges by the traveling public to any greater extent than is N reasonably necessary, and the placement of any pole and appurtenant facilities shall be subject to `o .T approval of the Director of Public Works so as not to interfere or conflict with any existing, or c future improvements owned by the City. £ C3. The Encroachment shall be maintained at all times in a safe, neat, sightly and Q v good physical condition. City shall be the sole judge of the quality of maintenance, and upon U written notice by City, through its Director of Public Works, stating in general terms how and in d E what manner the maintenance is required, Licensee shall be required to perform such $ m 0 maintenance. If Licensee fails to do so, then City shall have the right to perform this w a maintenance, the cost of which shall be bome by Licensee. Licensee shall, at its own a L responsibility and expense, obtain and keep in effect all licenses, bonds, insurance and permits w c necessary for the installation and existence of said Encroachment. The licensee's contractor E E L U shall obtain all applicable construction related permits prior to starting any excavation or a construction work. An excavation permit will be required and all permit provisions and requirements of the City in effect at the time of permit issuance shall apply. 2 of 8 S:T.a EXHIBIT A © 4. City reserves the right to improve, widen, vacate or relocate any highway, street, alley or other public places, or portion thereof, over and within which this License is granted, including the widening, change of grade, construction or reconstruction of such highway, street, alley or other public places or portion thereof, the installation, repair or maintenance of storm a J drains, sewers, water lines and any other utilities or improvements owned by the City for the a c m purpose of any public improvements. If notice is given by City to Licensee that work is to be rn x done pursuant to the rights reserved herein, which notice shall specify the general nature of the o _T work in the area in which the same is to be performed, Licensee shall at its expense, do all things r N reasonably necessary to protect, disconnect, relocate or remove its property during the progress N of such work at the required time in order to accommodate such work. All such things to be `o .T done and work to be performed by Licensee shall be at the sole cost and expense of the Licensee. c In the event that City shall hereafter construct, install, reconstruct or repair any bridge or E artificial support in, on, over or underlying any highway, street, alley or other public place or a m improvement in which the Licensee's property is located pursuant to this Agreement, and in the a v event that the cost of such work as may reasonably be required is increased in order to provide w E for the installation, maintenance or operation of Licensee's property in, on, over or under the A 0 area covered by such project, then Licensee shall pay to City the full amount of such increase of w Q cost, upon completion of such construction, installation or repair. Any damage done directly or iE L indirectly to any public street, highway, alley or other public place or improvement by the w c Licensee, in exercising directly or indirectly any right, power or privilege under this Agreement, E E 1 or in performing any duty under or pursuant to the provisions of this Agreement, shall be a 1 ! promptly repaired by Licensee at its sole cost and expense,to the reasonable satisfaction of City. 3 of PacketPg.319- I EXHIBIT A © 5. This permission is given to Licensee as an accommodation to Licensee and shall be subject to the requirement that the Licensee maintain the applicable surface areas in a condition acceptable to the Director of Public Works of the City. 6. Licensee hereby acknowledges the title or paramount interest of City to the public a J right-of-way and agrees never to assail or resist said title or interest and to observe present or o c m future set-back requirements relating thereto while this Agreement is in force and effect. o x 7. Licensee shall, as and for the consideration for the granting of this License, pay to 0 _T the City of San Bernardino, forthwith, the sum of$625.00 due immediately upon approval of this r in Agreement by the City. This Agreement shall not take effect until such payment has been made N by the Licensee to the City. Licensee shall also make an annual payment of$150.00 to the City `o .2 which shall be due and payable on January 1 of each year while this Agreement is in effect. c (� 8. City reserves the right to terminate this License and Agreement at any time for E `✓ any reason by giving Licensee at least thirty (30) days written notice of such termination, except 2 a v that City may, at its election, terminate said permission forthwith at any time if Licensee shall d u J fail to comply with or abide by each and all of the provisions hereof or keep each and all of the E E Licensee's promises herein. Waiver by City of any breach of any term or provision hereof shall u 0 not be deemed a waiver of any subsequent breach of the same or any other term or provision w a hereof. If not otherwise terminated, this Agreement shall be for a period of five (5) years a L commencing on the latest date of execution of this Agreement by the parties hereto and ending w c five(5)years from that date. E z u 9. This Agreement may be extended for any additional terms by written mutual a consent and approval by the Licensee and the Director of Public Works. 10. Upon termination of this Agreement,Licensee agrees to immediately remove said Encroachment from the public right-of-way and to restore the public right-of-way to the 4of8 '- Packet Pg.320 EXHIBIT A satisfaction of the Director of Public Works. If Licensee fails to exercise its duties under this paragraph, City shall have the right to remove said Encroachment and to restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City for such cost of removal and/or restoration. a J 11. City shall in no way be responsible for loss of or damage to said Encroachment or a v c m for any property belonging to or leased by Licensee, its officers, servants, agents or employees, x that may be stolen, destroyed or in any way damaged during the installation, use or maintenance o _0 of said Encroachment. m 12. Licensee shall exercise its privileges under this Agreement at its own risk. N Licensee shall indemnify, defend and hold harmless City, its elective and appointive boards, o A commissions, officers, agents and employees from any costs, claims, damages, injuries, and Ir c liability resulting from, arising out of, or in any way connected with, the City's approval of this E E m Agreement, the construction, installation, use and maintenance of said Encroachment, the a m occupation or use of the public areas of such structure, both during and after the installation u J thereof, and including but not limited to any costs, claims, damages, injuries, and liability E E resulting from the conduct of Licensee or the employees, invitees, guests or agents of Licensee, M 0 or Licensee's failure to perform its promises in connection herewith. w 13. While not restricting or limiting the foregoing, during the term of this Agreement, a a t Licensee shall maintain in effect policies of comprehensive public, general and automobile w c liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's E E U compensation coverage, and shall file copies of said policies with the City's Director of Public 4 Works prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or 5 of 8 - PacketPg. .. EXHIBIT A termination in the policy. If the Licensee is self-insured, a Certificate of Self-Insurance, in a form acceptable by the City,may be furnished. 14. This Agreement is personal to Licensee. It is nonassignable, except with prior written consent of the City; any attempt to assign this Agreement without consent will terminate a J the privileges granted to Licensee under this Agreement. The City will not unreasonably a v m withhold consent. E rn x 15. This guarantee shall be governed by and construed and interpreted in accordance o i+ with the laws of the State of California without regard to principles of conflicts of law. The m parties hereto further agree that all actions or proceedings arising in connection with this N Agreement shall be tried and litigated either in the State courts located in the County of San o N Bernardino, State of California or the U.S. District Court for the Central District of California. The aforementioned choice of venue is intended by the parties to be mandatory and not C ;v permissive in nature. a d 16. In the performance of this Agreement and in the hiring and recruitment of u J employees, Licensee shall not engage in, nor permit its officers, employees or agents to engage v E in, discrimination in employment of persons because of their race,religion, color,national origin, m 0 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or w sexual orientation, or any other status protected by law, except as permitted pursuant to Section Z L 12940 of the California Government Code. w c 17. Licensee shall hold City, its authorized officers, agents and employees, harmless £ E u from and against any and all liability or loss resulting from claims or damages by any person a arising out of the acts or omissions of Licensee, its agents or employees in the performance of any work authorized hereunder. 6of8 Packet Pg. 322 EXHIBIT A 18. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or CL J provisions hereof. The costs, salary and expenses of the City Attorney and members of his office a v c m in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the rn x purposes of this paragraph. o _T 19. All official notices relative to this Agreement shall be in writing and addressed to u m r N the following representatives of Licensee and City: N City Licensee $ N CITY OF SAN BERNARDINO CITY OF HIGHLAND Public Works Department/Real Property City Manager 300 North"D" Street 27215 Base Line `w O San Bernardino,CA 92418 Highland, CA 92346 v Ph: (909)384-5111 Ph: (909) 864-6861 a Fax: (909) 384-5190 Fax: (909) 862-3180 m N C d U 20. This Agreement may be modified only in a writing signed by the parties in ' c m interest at the time of the modification. No modification shall be binding upon City unless F 0 formally approved by a vote of the Common Council of City. w 21. This Agreement constitutes the entire Agreement between the parties with respect to a 'a L any matter referred to in this Agreement, and supersedes any and all other writings and oral w negotiations with respect to any matter referred to in this Agreement. The terms of this £ E U Agreement shall prevail over any inconsistent provision in any other document relating to this a Agreement,including attachments to this Agreement. Signatures to follow on next page O 7 of EXHIBIT A LICENSE AND AGREEMENT FOR ENCROACHMENT OF A POLE UPON WHICH AN AUTOMATED LICENSE PLATE READING(ALPR) CAMERA WILL BE MOUNTED AND APPURTENANT FACILITIES WITHIN THE NORTH SIDE OF HIGHLAND AVENUE AT THE EASTERN EDGE OF THE CITY CREEK BRIDGE,IN THE CITY OF SAN BERNARDINO, CA AND FOR AN AUTOMATED LICENSE READING(ALPR) CAMERA TO BE INSTALLED ON AN EXISTING POLE ON THE NORTH-EAST CORNER OF HIGHLAND AVENUE AND VICTORIA AVENUE,IN ¢ n THE CITY OF SAN BERNARDINO, CA. L 2 O IN WITNESS, the parties have executed this Agreement on date first written above. U m r N CITY OF SAN BERNARDINO CITY OF HIGHLAND N C O N U Lr CHARLES E. MCNEELY JOSEPH A. HUGHES " City Manager City Manager m ATTEST: d H C U U J GEORGEANN HANNA,City Clerk v E U U F O Approved as to form: w a L JAMES F. PENMAN w City Attorney d E z U 80f8 Packet Pg.324 ------------------------ »a7&# , _. REVISED STANDARD PLAN .SP s a »°° . �} mix ) _ e ; § § � : ( • \% ! | zzz � § elm / 2 \ j -c/ |; z ; - •! ! ; [ .es SERE &\\ ; k to ! , | ` s � ( ( 5&2 ; k § 77 . � . X33 ` ~ � a (! Em . W \ \ } . / !,_F - ; ; | tw \) � k � . ]\ ; . ; 427 I 2006 STANDARD PLAN ES-7N ATTACHMENT u .'.� W rff 4! MOW i #.c t ° SaP Eh _e O 55Y w Icz 1 t E i Za oR ugeh$-° _ qmg k„ Onaw JZCNvui �ayw s� w L= o LLI W J� h: m W ' o yg o N m x k E'��3 J K 3 a€ 5 a J 4 ° � fr g9 eg So o Q c ru O ak 3i w N `c` Z O tiN ��fr jO J a JY T CIF$ F ¢ Q J ® Im J 10 r £t I pp m rc � O a a if ca Y G gy Stg £ } g pg v E .$ in w z w Day B� 9 :°• w g N � oas gag ne J a = 7 oa w w o I z V I I N 450 Packet'Pg. 326 ATTACHMENT lc7.76f4n, BridBO over dminago cana"�. - i 1�Fence Post(typ.) j ` -_-NEW-Proposed Type Is pole a' a Guy wires hmn J Pewer Pole-yroUno Q elWChmcnt V C A L L m Guardrail Blocking (1, w Owl G e + << Guardrail(typ.)-�, Guy wires tmm PoA,Po e UI r G © o N l.�Chain Link Ferre{typ 1 Uo Z N ii a a 14 x l of*,w s Pokrer Pole e. . t (Power Imes V Q d 1 L U N Q Guardrail(typ.)—�� Poser Podaslals 330 FWY HIGHLAND AVENUE ATTACHMENT City of Q August 12, 201 HI� Inc.1987 Mr. Charles E. McNeely, City Manager City of San Bernardino 300 North "D" Street, 6 i Floor San Bernardino, CA 92418 E a J Q Re: Application for Encroachment Permit by the City of Highland for installation of a Caltrans standard type 15 foundation and pole upon which an Automated License Plate Reading (ALPR) camera will be installed —and request for waiver of the application review, archival, technology and annual permit fees. o _T U m Dear Mr. McNeely: The City of Highland's Police Department is implementing a computerized Automated License Plate Reading (ALPR) system. This system consists of 13 mobile and 5 fixed site locations. The ALPR system will identify vehicle license plates, document those 9 plates and compare those plates to various databases (e.g. stolen and wanted vehicles) A and will automatically and immediately alert our police officers when a vehicle within the E databases is identified. The system will also provide a searchable database for N investigative purposes. E One of the fixed site locations identified by our Police department is on the north side of Highland Avenue just east of the bridge over the City Creek Wash — between the a eastern edge of the bridge and the access road to the East Valley Water District's water treatment facility, within the City of San Bernardino. E E Enclosed are the following documents: a 1. A draft City of San Bernardino permanent encroachment license agreement for an encroachment permit for the installation of a Caltrans standard type 15 pole and foundation at this location; and 2. Installation information on the standard Caltrans type 15 pole and foundation; and 3. A detail diagram of the desired location, including existing improvements. Office of the City Manager 27215 Base Line,Highland,CA 92346 (909)864-6861 E#.221 FAX(909)862-3180 wwwxl.highland.oaxs PacketPg.320 August 12, 2011 Mr. Charles E. McNeely, City Manager Page 2 We noted that your standard fee for this type of permit is $683.50 (inclusive of the application fee, archival and technology fees) plus an additional $150.00 per year for the encroachment permit. Since the data that this system will produce will also be available to the San Bernardino City Police Department, I would like to know if it is possible to obtain a fee waiver for this, and if so, what process we may need to complete in order to obtain that waiver? If this information is acceptable to you, I would ask that you forward it to the appropriate a review body within the City of San Bernardino for review and approval. a 9 Once the encroachment permit is approved, we will obtain the necessary insurance A certificate from our insurance provider. rn x w If your staff has any questions about this, they can contact our Administrative Analyst, r Jim Rissmiller, who is handling this project for us at (909) 838-6025 or via email at irissmi lie r acityofhiq h land.org. o0 r N Thank you for your assistance. m J 9 C A L m Sincerely, x N ( E E L oseph A. Hughes o City Manager a E E Enclosures: 3 A z a Packef Pg.329„ EXHIBIT SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT HIGHLAND STATION POLICY Automatic License Plate Recognition The San Bernardino County Sheriff's Department has installed Automatic License Plate Recognition(ALPR) equipment in all of the Highland Station patrol units,two Gang a Units and three fixed location cameras within the city. The units have four cameras mounted on the roof of the vehicle connected to a proprietary computer. A database of license plates from the State of California and those of interest as manually entered are s compared to those captured by the cameras. This document is intended to provide guidelines as to how the equipment is to be used along with policies and procedures o concerning its operation. U ro r THE ALPR SYSTEM: T The ALPR system is a mobile computer and multiple camera system that scans the ° roadways and parking lots for wanted and stolen vehicles. The system automatically a° locates, reads, and runs license plates against an on-board database. This database °a originates from the state of California's law enforcement web (CLEW)which is automatically updated every four hours. z rn Databases may contain plates of stolen vehicles, wanted felony vehicles, vehicles with m lost or stolen plates, vehicles wanted for certain crimes, missing persons, Amber Alerts or any other lawful reason. Deputies are also able to manually enter wanted plates into the x ALPR system. Any crime(where a license plate has been identified) may be entered. w c m ALPR technology revolutionizes how our officers can search for wanted vehicles. This zE technology provides a manner in which vehicle license plates can be automatically m scanned by a computer from a moving vehicle or a fixed location. a If the vehicle is a match and comes up wanted, the system will alert the deputy with both an audible and visible alert. Images of the license plate and vehicle, as well as a brief explanation of what the vehicle is wanted for will be displayed. This entire process is entirely automatic and takes less than a second. This allows the deputy to read literally hundreds of license plates an hour. This system can run in the background without affecting the deputy's normal duties or functions on the MDC screen such as acknowledging calls for service, vehicle stops and other duties related to the use of the MDC. Packet Pg.330 ALPR technology may increase the patrol deputy's productivity and their ability to check for wanted vehicles that would have generally been missed unless there was something specific about the vehicle that attracted the officer's attention. The ALPR consists of two major components: PAGIS—the client software that runs on the patrol car's MDC,and BOSS—the server application that manages the downloaded hotlists and uploaded captured information. BOSS is located on a secure dedicated server at the Sheriff's Headquarters building. Personnel with PAGIS accounts also have BOSS accounts. BOSS allows for data mining the database of captured plates—a useful investigation tool as well as administering user accounts and other functions. it CAPABILITIES: a • Each ALPR camera is actually two cameras: one infrared and one color, integrated into a single self-contained device. • Each system utilizes four cameras: two forward facing and two side facing. • The system has the ability to capture quality images in a variety of settings `o including darkness,oncoming headlights, bright sunlight,low sunlight, deep A U shadows and glare. • The system utilizes Optical Character Recognition(OCR)technology. • The system has the ability to capture the license plate while capturing a color overview image of the vehicle associated with the plate. (� • The system is capable of allowing authorized personnel to search for previously a a.. read plates and retrieve a GPS time stamped photo of each captured plate. o • The system also has the capability for captured plates to be plotted on a map for analysis. s rn Deputies should note that the ALPR system will not read all license plates. The system x only reads plates that it"sees". Plates must be in the field of view of the camera and in m the infrared color spectrum. Specifically,in order to read the plate,it must have s reflective characteristics. Older blue California plates and extremely dirty,mutilated or w obscured plates may not be readable. Out of state and motorcycle plates can be read but accuracy may be reduced. Traffic signs are sometimes mistakenly read as they are often constructed with reflective materials. The system still requires the deputy to verify that the plate was scanned correctly and obtain confirmation a from dispatch prior to taking enforcement action. TRAINING: Initial training will be provided by the vendor at the time each vehicle is commissioned by PIPS Technology personnel. Subsequent training will be by those individuals who have been designated as the station's ALPR coordinator. An ALPR overview video will be forthcoming on our Intranet. Packet.Pg_331 DEPUTY RESPONSIBILITIES: Prior to using the ALPR system,an account must be obtained from the Program Administrator. Deputies must also arrange for training through their station coordinator. Deputies shall utilize the ALPR System at all times when assigned to patrol. When the system alerts deputies of a match,deputies shall: • Visually verify the license plate on the vehicle is the same as what the system captured • Confirm its wanted status through CLETS • After the ALPR system discovers a hit on a wanted plate,the deputy shall enter a a disposition and corresponding DR#,if applicable,prior to the end of shift a v The on-board database is not in real-time and the steps above are necessary to confirm s the vehicle is still wanted and the plate was read properly. `o _T PURSUITS: The use of the ALPR has no direct effect on our current pursuit policy. Deputies should notify the Communications Center that a hit was received via ALPR. U_ © O CL ACCOUNTABILITY AND SAFEGARDS: °a n All saved data will be closely safeguarded and protected by both procedural and technological means. The San Bernardino County Sheriffs Department will observe the following safeguards regarding access to and use of stored data: m a • All ALPR data downloaded to the mobile workstation and server shall be x accessible through a logintpassword protected system. w • Persons approved to access ALPR data under these guidelines are permitted to access the data only when there is an articulable suspicion that the data relates to t an investigation in a specific criminal or department related civil or administrative action. a • All transmission and storage of ALPR data shall meet CLETS requirements for network and computer security. • Any access or use of ALPR data for reasons other than authorized criminal, department related civil or administrative action shall be cause for formal departmental discipline and/or criminal prosecution. PacketPg.332 5.T.f RELEASING ALPR DATA: The ALPR data may be shared only with other law enforcement agencies for legitimate law enforcement purposes or as otherwise permitted by law and in accordance with this policy. ALPR data is considered confidential and shall not be released without specific law enforcement purpose. z a J Q D C A L _m 2 O _T U m r N T U O a a v c t S 00 R L W C d t U A Q PacketPg,333 : S,Lg; r LICENSE AND AGREEMENT FOR ENCROACHMENT OF A POLE UPON WHICH AN AUTOMATED LICENSE PLATE READING (ALPR) CAMERA WILL BE MOUNTED AND APPURTENANT FACILITIES WITHIN THE NORTH SIDE OF HIGHLAND AVENUE AT THE EASTERN EDGE OF THE CITY CREEK BRIDGE, IN THE CITY OF SAN BERNARDINO, CA AND FOR AN AUTOMATED LICENSE PLATE READING (ALPR) CAMERA TO BE INSTALLED ON AN EXISTING POLE ON THE NORTH-EAST CORNER OF HIGHLAND AVENUE AND VICTORIA AVENUE, IN THE CITY OF SAN BERNARDINO, CA. THIS LICENSE AND AGREEMENT ("Agreement") is made and entered into this day of 2012, by and between the CITY OF it a J HIGHLAND, hereafter referred to as "Licensee," and the CITY OF SAN BERNARDINO, a v c municipal corporation,hereafter referred to as "City." x WITNESSETH: c T For and in consideration of the mutual promises and covenants herein contained, ,p the parties hereto agree as follows: N 1. City hereby gives permission, removable and terminable as hereinafter provided, .y to Licensee for an encroachment to install, maintain, inspect, operate, protect, repair, replace and z retain in place a pole upon which an Automated License Plate Reading (ALPR) camera will be E mounted and appurtenances thereto, including any facilities necessary for protection thereof O m (hereafter, "Encroachment") at the north side of Highland Avenue at the eastern edge of the City E L Creek Bridge, San Bernardino, CA 92346, as shown on the details attached hereto as a Attachments "]A-IC", and in accordance with that letter, dated August 12, 2011, from Licensee attached hereto as Attachment "2", both incorporated herein by reference. City also hereby gives permission, removable and terminable as hereinafter provided, to License for an encroachment to install, maintain, inspect, operate, protect, repair, replace and retain in place an Automated License Plate Reading (ALPR) camera on an existing pole at the north-east comer of Highland Avenue and Victoria Avenue, San Bernardino, CA 92346. In the event that Licensee 1 of a . Packef P�"3�43u S.T.g at any future time desires to expand its facilities to include public streets, highways and/or alleys other than as shown on said Attachments "lA-IC" as authorized by this Agreement, an amendment of this Agreement shall be required before undertaking any such expansion, and subject to any requirements or conditions as may be imposed by the Director of Public Works of the City,or his/her designee. 2. Licensee agrees to install,use and maintain said Encroachment as required by this Agreement. Any pole and appurtenant facilities installed, located or maintained pursuant to this a J Agreement shall be so placed and maintained as not to interfere with the use of any public v c m streets, highways, alleys or bridges by the traveling public to any greater extent than is rn x reasonably necessary, and the placement of any pole and appurtenant facilities shall be subject to approval of the Director of Public Works so as not to interfere or conflict with any existing, or r future improvements owned by the City. N 1 The Encroachment shall be maintained at all times in a safe, neat, sightly and 2 0 .y good physical condition. City shall be the sole judge of the quality of maintenance, and upon � written notice by City, through its Director of Public Works, stating in general terms how and in E what manner the maintenance is required, Licensee shall be required to perform such m maintenance. If Licensee fails to do so, then City shall have the right to perform this c maintenance, the cost of which shall be borne by Licensee. Licensee shall, at its own a responsibility and expense, obtain and keep in effect all licenses, bonds, insurance and permits necessary for the installation and existence of said Encroachment. The licensee's contractor shall obtain all applicable construction related permits prior to starting any excavation or construction work. An excavation permit will be required and all permit provisions and requirements of the City in effect at the time of permit issuance shall apply. 2 of BackeYPg.33�;. s.r.g 4. City reserves the right to improve, widen, vacate or relocate any highway, street, alley or other public places, or portion thereof, over and within which this License is granted, including the widening, change of grade, construction or reconstruction of such highway, street, alley or other public places or portion thereof, the installation, repair or maintenance of storm drains, sewers, water lines and any other utilities or improvements owned by the City for the purpose of any public improvements. If notice is given by City to Licensee that work is to be done pursuant to the rights reserved herein, which notice shall specify the general nature of the z a J work in the area in which the same is to be performed, Licensee shall at its expense, do all things v reasonably necessary to protect, disconnect, relocate or remove its property during the progress 2) x of such work at the required time in order to accommodate such work. All such things to be _a U done and work to be performed by Licensee shall be at the sole cost and expense of the Licensee. r In the event that City shall hereafter construct, install, reconstruct or repair any bridge or artificial support in, on, over or underlying any highway, street, alley or other public place or ° .N improvement in which the Licensee's property is located pursuant to this Agreement, and in the event that the cost of such work as may reasonably be required is increased in order to provide E for the installation, maintenance or operation of Licensee's property in, on, over or under the R area covered by such project, then Licensee shall pay to City the full amount of such increase of E r cost, upon completion of such construction, installation or repair. Any damage done directly or indirectly to any public street, highway, alley or other public place or improvement by the Licensee, in exercising directly or indirectly any right, power or privilege under this Agreement, or in performing any duty under or pursuant to the provisions of this Agreement, shall be promptly repaired by Licensee at its sole cost and expense,to the reasonable satisfaction of City. 3 of @cket Pg. 336 E 5. This permission is given to Licensee as an accommodation to Licensee and shalt be subject to the requirement that the Licensee maintain the applicable surface areas in a condition acceptable to the Director of Public Works of the City. 6. Licensee hereby acknowledges the title or paramount interest of City to the public right-of-way and agrees never to assail or resist said title or interest and to observe present or future set-back requirements relating thereto while this Agreement is in force and effect. 7. Licensee shall, as and for the consideration for the granting of this License,pay to a J the City of San Bernardino, forthwith,the sum of$625.00 due immediately upon approval of this ao c Agreement by the City. This Agreement shall not take effect until such payment has been made rn x by the Licensee to the City. Licensee shall also make an annual payment of$150.00 to the City which shall be due and payable on January I of each year while this Agreement is in effect. m r 8. City reserves the right to terminate this License and Agreement at any time for N any reason by giving Licensee at least thirty (30) days written notice of such termination, except 2 .y .j that City may, at its election, terminate said permission forthwith at any time if Licensee shall L fail to comply with or abide by each and all of the provisions hereof or keep each and all of the E Licensee's promises herein. Waiver by City of any breach of any term or provision hereof shall A not be deemed a waiver of any subsequent breach of the same or any other term or provision d z hereof. If not otherwise terminated, this Agreement shall be for a period of five (5) years z a commencing on the latest date of execution of this Agreement by the parties hereto and ending five (5)years from that date. 9. This Agreement may be extended for any additional terms by written mutual consent and approval by the Licensee and the Director of Public Works. 10. Upon termination of this Agreement, Licensee agrees to immediately remove said Encroachment from the public right-of-way and to restore the public right-of-way to the 4 of Paget Pg.`337. e satisfaction of the Director of Public Works. If Licensee fails to exercise its duties under this paragraph, City shall have the right to remove said Encroachment and to restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City for such cost of removal and/or restoration. 11. City shall in no way be responsible for loss of or damage to said Encroachment or for any property belonging to or leased by Licensee, its officers, servants, agents or employees, that may be stolen, destroyed or in any way damaged during the installation, use or maintenance a J of said Encroachment. a v M 12. Licensee shall exercise its privileges under this Agreement at its own risk. M x Licensee shall indemnify, defend and hold harmless City, its elective and appointive boards, 0 U commissions, officers, agents and employees from any costs, claims, damages, injuries, and liability resulting from, arising out ot; or in any way connected with, the City's approval of this N Agreement, the construction, installation, use and maintenance of said Encroachment, the 2 N occupation or use of the public areas of such structure, both during and after the installation E thereof, and including but not limited to any costs, claims, damages, injuries, and liability E resulting from the conduct of Licensee or the employees, invitees, guests or agents of Licensee, or Licensee's failure to perform its promises in connection herewith. E L 13. While not restricting or limiting the foregoing, during the term of this Agreement, a Licensee shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Director of public Works prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance famished to the City shall require the insurer to notify City of any change or �►' 5 of 8 Packet Pg. 338 `r.✓ termination in the policy. If the Licensee is self-insured, a Certificate of Self-Insurance, in a form acceptable by the City,may be furnished. 14. This Agreement is personal to Licensee. It is nonassignable, except with prior written consent of the City; any attempt to assign this Agreement without consent will terminate the privileges granted to Licensee under this Agreement. The City will not unreasonably withhold consent. 15. This guarantee shall be governed by and construed and interpreted in accordance a J with the laws of the State of California without regard to principles of conflicts of law. The a A parties hereto further agree that all actions or proceedings arising in connection with this m x Agreement shall be tried and litigated either in the State courts located in the County of San U Bernardino, State of California or the U.S. District Court for the Central District of California. The aforementioned choice of venue is intended by the parties to be mandatory and not N C permissive in nature. o 2 16. In the performance of this Agreement and in the hiring and recruitment of employees, Licensee shall not engage in, nor permit its officers, employees or agents to engage E in,discrimination in employment of persons because of their race,religion,color,national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or £ s sexual orientation, or any other status protected by law, except as permitted pursuant to Section a 12940 of the California Government Code, 17. Licensee shall hold City, its authorized officers, agents and employees, harmless from and against any and all liability or loss resulting from claims or damages by any person arising out of the acts or omissions of Licensee, its agents or employees in the performance of any work authorized hereunder. 6of8 Packet Pg. 339 18. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. a � J 19. All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Licensee and City: x City Licensee CITY OF SAN BERNARDINO CITY OF HIGHLAND Public Works Department/Real Property City Manager 300 North"D" Street 27215 Base Line San Bernardino, CA 92418 Highland, CA 92346 v Ph: (909)384-5111 Ph: (909) 864-6861 0 Fax: (909)384-5190 Fax: (909) 862-3180 d a' 20. This Agreement may be modified only in a writing signed by the parties in E interest at the time of the modification. No modification shall be binding upon City unless m formally approved by a vote of the Common Council of City. d E s 21. This Agreement constitutes the entire Agreement between the parties with respect to a any matter referred to in this Agreement, and supersedes any and all other writings and oral negotiations with respect to any matter referred to in this Agreement. The terms of this Agreement shall prevail over any inconsistent provision in any other document relating to this Agreement, including attachments to this Agreement. Signatures to follow on next page 7 of Packet Pg. 340 LICENSE AND AGREEMENT FOR ENCROACHMENT OF A POLE UPON WHICH AN AUTOMATED LICENSE PLATE READING (ALPR)CAMERA WILL BE MOUNTED AND APPURTENANT FACILITIES WITHIN THE NORTH SIDE OF HIGHLAND AVENUE AT THE EASTERN EDGE OF THE CITY CREEK BRIDGE,IN THE CITY OF SAN BERNARDINO,CA AND FOR AN AUTOMATED LICENSE PLATE READING(ALPR) CAMERA TO BE INSTALLED ON AN EXISTING POLE ON THE NORTH-EAST CORNER OF HIGHLAND AVENUE AND VICTORIA AVENUE,IN THE CITY OF SAN BERNARDINO,CA. IN WITNESS,the parties have executed this Agreement on date first written above. a CITY OF SAN BERNARDINO CITY OF HIGHLAND a v L GI O CHARLES E. MCNEELY, JOSEPH A. HUGHES A City Manager City Manager 6. m N ATTEST: N O y Georgeann Hanna, City Clerk N Approved as to form: z ES F.PENMAN, ty Attorney 8Of8 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 4 WITH THE CITY OF HIGHLAND FOR A PERMANENT ENCROACHMENT LICENSE. s 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 a SECTION 1. The City of Highland's Police Department is implementing a 9 computerized Automated License Plate Reader (ALPR) system. The City of Highland is to requesting permanent encroachment on the north side of Highland Avenue at the eastern edge a a 11 of the City Creek Bridge and on the north-east corner of Highland Avenue and Victoria v `m 12 t Avenue, in the City of San Bernardino, CA. 0-' 13 w 0 SECTION 2. That the Mayor and Common Council authorize the City Manager, or his 'T 19 U 15 designee, to execute the Encroachment License Agreement, which is attached hereto and 16 marked as Exhibit A, between the City of Highland and the City of San Bernardino for services 17 outlined in the Agreement and attachments and exhibits thereto. 0 N to 19 E 20 z a 21 22 23 24 25 26 27 28 Y Packet,PgE342 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 WITH THE CITY OF HIGHLAND FOR A PERMANENT ENCROACHMENT 3 LICENSE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on 6 7 the day of 2012,by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ _ z 10 JENKINS IL — a 11 VALDIVIA `m 12 SHORETT 13 o T 14 KELLEY G 15 JOHNSON 16 MCCAMMACK _ 17 0 Ul d 18 Georgeann Hanna, City Clerk m 19 E The foregoing Resolution is hereby approved this day of 2012. m 20 a 21 22 Patrick J. Morris,Mayor 23 Approved as to City of San Bernardino form: 24 2s 26 es F. Penman 27 ty Attorney 28 2 PatkeY,Rg�343 '