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RESOLUTION NO. 2017-230
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A 5 -YEAR
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY
OF SAN BERNARDINO FOR SHERIFF'S AUTOMATED SYSTEMS ACCESS
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute a 5 -year agreement
between the City of San Bernardino and the County of San Bernardino for Sheriffs
Automated Systems access, which is attached hereto, marked Exhibit "A," and incorporated
herein by this reference.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A 5 -YEAR
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY
OF SAN BERNARDINO FOR SHERIFF'S AUTOMATED SYSTEMS ACCESS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
6" day of December 2017, by the following vote, to wit:
Council Members: AYES
MARQUEZ X
BARRIOS X
VALDIVIA X(S)
SHORETT X(M)
NICKEL X
RICHARD X
MULVIHILL X
NAYS ABSTAIN ABSENT
C�k
Georgemq"l Ianna, CNC; City Clerk
The foregoing Resolution is hereby approved this 6h day of December 2017.
zv
R. Carey Davis, ayor
City of San Be ardino
Approved as to form:
Gary D. Saenz, City Attorney
2
FOR COUNTY USE ONLY
THIS AGREEMENT 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
San Bernardino Police Department
P_O. Box 1559 _
San Bernardino, CA 92402-9559
Telephone Federal ID No. or Social Security No.
(909) 384-5694
IT IS HEREBY AGREED AS FOLLOWS:
hereinafter called CONTRACTOR
AGREEMENT FOR ACCESS TO SHERIFF DEPARTMENT'S AUTOMATED SYSTEMS
WHEREAS, the COUNTY through the Sheriff's Department (hereinafter referred to as "SHERIFF") provides access
to the Sheriffs Automated Systems; AND
WHEREAS, the CONTRACTOR desires to enter into an Agreement for access to the Sheriffs Automated Systems;
AND
NOW, THEREFORE, the parties agree as follows:
A. PURPOSE OF AGREEMENT
A.1 This Agreement provides for the SHERIFF, acting as the administrator of the California Law
Enforcement Telecommunications System (CLETS), to serve as the agent responsible for the exchange
Audhor-Controller?reasurer/rax Collector Use Onty
O Contract Database O FAS
Input Date Keyed By
Page 1 of 6
New
Cancel Change
FAS Vendor Code Dept.Contract
`SC SHR
IA'
Number
I
SHR17-0375
ePro Vendor Number
ePro Contract Number
SAN BERNARDINO
COUNTY
County Department Dept. Orgn.
Contractors License No.
Sheriff/Coroner/Public Administrator SHR SHR
County Department Contract Representative Telephone
Total Contract Amount
FAS
Samuel Fisk, Sheriffs Captain (909) 387-0640
$55,504
STANDARD CONTRACT
Contract Type
„an r
If not encumbered or revenue contract e, provide reason:
Commodity Code
Contract Start Date
Contract End Date
Original Amount I
Amendment Amount
07/01/17
06/3022
$55,504
Fund
Dept. Organization
Appr.
ObyRev Source
GRC/PROJ/JOB No
Amount
AAA l
SHR SHR
9530
COMMSVC
$55,504
Fund
Dept. Organization
Appr.
Obj/Rev Souroe
GRCMROJIJOB No.
Amount
$
Dept. Organization
Fund.
Appr.
Obj/Rev Source
GRCIPROJIJOB No.
Amount
Project Name
Estimated Payment Total by Fiscal Year
Access to Sheriffs Automated
FY Amount IID FY Amount IID
Systems 2017-22
2017-18 $55,504
Template
_
THIS AGREEMENT 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
San Bernardino Police Department
P_O. Box 1559 _
San Bernardino, CA 92402-9559
Telephone Federal ID No. or Social Security No.
(909) 384-5694
IT IS HEREBY AGREED AS FOLLOWS:
hereinafter called CONTRACTOR
AGREEMENT FOR ACCESS TO SHERIFF DEPARTMENT'S AUTOMATED SYSTEMS
WHEREAS, the COUNTY through the Sheriff's Department (hereinafter referred to as "SHERIFF") provides access
to the Sheriffs Automated Systems; AND
WHEREAS, the CONTRACTOR desires to enter into an Agreement for access to the Sheriffs Automated Systems;
AND
NOW, THEREFORE, the parties agree as follows:
A. PURPOSE OF AGREEMENT
A.1 This Agreement provides for the SHERIFF, acting as the administrator of the California Law
Enforcement Telecommunications System (CLETS), to serve as the agent responsible for the exchange
Audhor-Controller?reasurer/rax Collector Use Onty
O Contract Database O FAS
Input Date Keyed By
Page 1 of 6
of criminal offender record information and other criminal justice information between CONTRACTOR
and the SHERIFF and statewide criminal justice agencies. In addition, it provides for the SHERIFF to
facilitate the interchange of computerized criminal history data between the following agencies and
databases:
A.1.1 Federal Bureau of Investigation (FBI)
A.1.2 National Crime Information Center (NCIC)
A.1.3 National Law Enforcement Telecommunications System (NLETS)
AAA Department of Motor Vehicles (DMV)
A.1.5 California Law Enforcement Telecommunications System (CLETS), received via the
State CLETS network (transaction fees apply and billed by SHERIFF)
A.1.6 Super Name Search network (transaction fees apply and billed by SHERIFF)
A.1.7 Crime Web/Mugshot System
A.1.8 identix-Cal ID
A.1.9 Property Evidence Tracking System (transaction fees apply and billed by SHERIFF)
A.1.10 Sheriffs Department Jail Management System (JIMS) (transaction fees apply and
billed by ISD)
A.1.11 Sheriffs Central Name Index (CNI) (transaction fees apply and billed by ISD)
A.1.12 Sheriffs Automated Warrants (SAW) (transaction fees apply and billed by ISD)
A.2 It is the intent of the parties to promote more effective regional law enforcement through the cooperative
use and maintenance of the COUNTY and SHERIFF computerized data files.
A.3 Access to the aforementioned databases requires connection to the COUNTY's Wide Area Network
(WAN). CONTRACTOR will be required to enter into a separate Agreement with ISD for connection to
the COUNTY's WAN and for payment of costs associated with WAN connectivity.
B. CONTRACTOR RESPONSIBILITIES
B.1 The CONTRACTOR agrees to limit access to information furnished by SHERIFF to its own employees
and other criminal justice/law enforcement agencies. The CONTRACTOR further agrees to comply with
Federal and State laws, rules, procedures, and policies formally adopted in the California Law
Enforcement Telecommunications System Subscriber Agreement, and in regard to criminal history,
information furnished through the FBI/NCIC/CCH (California Criminal History) and the NLETS Program,
to rules, procedures and policies approved by the NCIC advisory policy board adopted for NCIC.
B.2 The CONTRACTOR agrees to appoint an Automated Terminal Coordinator (ATC) to disseminate
CLETS information and updates, to maintain training requirements and paperwork compliancy for all
CONTRACTOR personnel. The assigned ATC shall understand the CLETS policies, Practices and
Procedures Manual and comply with all of the Department of Justice guidelines. The ATC shall
understand and comply with the Agency ATC Responsibilities guidelines, Exhibit B, attached hereto and
incorporated herein by reference. This appointed staff member shall be the point of contact to the
SHERIFF.
B.3 In accordance with the State CLETS Policies, Practices, and Procedures Manual, and as designated by
the State of California and the SHERIFF the CONTRACTOR shall be responsible for all security and
privacy considerations relating to the use of the CONTRACTOR's terminal or terminals.
B.4 The data provided to SHERIFF by the CONTRACTOR will be relevant to the criminal justice process.
The completeness, accuracy, objectivity, and verifiability of information entered into the information
system is paramount and the CONTRACTOR will cooperate with the regular auditing of the system in
accordance with the California Department of Justice CLETS Policies, Practices, and Procedures
Manual, to assure reliability of stored data. In addition, the procedures for maintaining and/or purging
these records will be adhered to in order to enhance the reliability of all data.
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B.5 The CONTRACTOR is responsible to provide an audit trail of all CLETS entries made from all
CONTRACTOR terminals accessing CLETS information through an established CAD -to -CAD
connection.
B.6 The CONTRACTOR agrees to cause employees; having access via the San Bernardino County IBM
computer system to the Sheriffs Central Name Index (CNI), Jail Information Management System
(JIMS) or any other Sheriff's Automated Systems, to complete security training before such access will
be allowed. CONTRACTOR agrees to adhere to all State, COUNTY and Federal laws applicable to the
confidentiality and the release of information.
113.7 Each of the CONTRACTOR's employees requiring access to CNI must complete and sign a Central
Name Index Authorization Statement, Exhibit A, attached hereto and incorporated herein by reference.
C. SHERIFF RESPONSIBILITIES
CA Access
SHERIFF's assigned Terminal Coordinator will review all applications for connection to the
Telecommunications System, as well as requests to modify, move or increase the number of terminals
in an existing agency.
C.2 Services Provided
SHERIFF agrees to furnish the CONTRACTOR access to such criminal offender record information and
other criminal justice information as is made available to the State through the CLETS network and
provide access to Sheriffs Automated Systems.
C.3 Equipment
The SHERIFF shall provide, maintain, operate, and manage equipment for an electronic data
communications system in the San Bernardino County Sheriffs Data Center in order to provide the
services specified in this Agreement. One or both of the following is required for CONTRACTOR to
connect with the Sheriffs Message Switch computer:
C.3.1 A CAD to CAD interface or Terminal Browser Access
C.3.2 Connection to the County WAN
(NOTE; This Agreement does not include costs for equipment/services related to a private
telecommunications connection. The WAN connection process and associated costs does not
include a telecommunications connection at the local site and/or any additional equipment.
CONTRACTOR shall be responsible for establishing its own telecommunications connection at
the local site to the WAN connection.)
CA Support
SHERIFF shall render assistance to the CONTRACTOR in order to provide for timely, efficient, and
accurate implementation of CAD/CLETS/RMS network operations.
C.5 The SHERIFF shall maintain records for auditing purposes on all CLETS entries in accordance with the
Department of Justice mandates. All CAD -to -CAD Contractors' will also be responsible for
maintaining their CLETS data and providing an audit trail on all CONTRACTOR terminals and/or
employees accessing CLETS information via the CAD -to -CAD connection.
C.6 The SHERIFF reserves the right to suspend access to any information provided for in this Agreement,
in accordance with the State CLETS Policies, Practices and Procedures Manual, when any rule, policy,
or procedure adopted by SHERIFF, or approved by the NCIC or law of this county, state, or federal
government applicable to the security and privacy of information is violated or appears to be violated by
the CONTRACTOR.
D. CNI ACCESS LIMITATIONS
Access to the COUNTY's Sheriff Central Name Index (CNI) database is also limited, as follows:
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DA In the interest of maintaining a regional criminal justice database, CONTRACTOR is granted inquiry
capability to the COUNTY's Sheriff CNI database for law enforcement related data. The data accessed
in CNI by the CONTRACTOR will be relevant to the criminal justice process. The CONTRACTOR will
cooperate with regular auditing of the system to assure security of stored data.
D.2 CONTRACTOR agrees to require all employees who access CNI to complete and sign a Central Name
Index Authorization Statement, a copy of which is attached hereto as Exhibit A and incorporated herein
by reference.
D.3 The Sheriff -Coroner or his representative will act as "Controller" facilitating the entry and retrieval of
computerized CNI information.
E. TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on July 1, 2017, or upon the date of approval by
the SHERIFF, whichever is later, and ending on June 30, 2022. Notwithstanding the foregoing, this Agreement
may be terminated at any time with or without cause by CONTRACTOR or by SHERIFF upon written notice
given to the other party at least thirty (30) days prior to the date specified for such termination. Any such
termination date shall coincide with the end of a calendar month. In the event of such termination, each party
shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination,
and each party shall be released from all obligations or performance which would otherwise accrue subsequent
to the date of termination. Neither party shall incur any liability to the other by reason of termination.
F. FISCAL PROVISIONS
F.1 FEES
F.1.1 CLETS Teleprocessing Support/Maintenance Costs will be billed by SHERIFF.
F.1.2 CLETS Terminal Browser Access will be billed by SHERIFF.
F.1.3 Transaction Fees for Systems listed in #A-1.5, A 1.6, and A.1.9 indicated in Section
A.1 above will be billed by SHERIFF; Systems listed in #A.1.10 - A.1.12 will be billed by ISD.
FAA Connection to the County WAN will be billed by ISD and a one-time fee applies.
F.1.5 County WAN Access is provided for under a separate agreement with ISD and will be
billed by ISD.
F.2 CONTRACTOR shall pay SHERIFF the sum of money per Schedule A attached hereto and incorporated
herein by reference. SHERIFF shall invoice CONTRACTOR for the cost of services quarterly in arrears.
Payment shall be due within forty-five (45) days from the date of each invoice. Basic installation of
service will be provided by the SHERIFF. Installation fees, cost of additional services, equipment, related
supplies and changes or modifications will be paid for by the CONTRACTOR. The total cost to provide,
repair or replace machines, printers, and other equipment shall be the responsibility of the
CONTRACTOR. Time costs, maintenance and diagnostic costs will be paid by the CONTRACTOR.
Costs will be adjusted in the event of any level of service changes.
F.3 Schedule A reflects the rates in effect at the Execution of this Agreement. SHERIFF shall have the right
to adjust the Agreement rates annually and any subsequent rate change(s) shall become effective on
July 1 of the County fiscal year (July 1 through June 30). Such rate change(s) is effected by the service
provided during the prior calendar year and increased labor costs from Memorandum of Understanding
changes, which increase labor costs. SHERIFF shall provide notice to CONTRACTOR of pending rate
change(s) by providing CONTRACTOR with a revised Schedule A reflecting such rate change(s).
G. INDEMNIFICATION
The CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by County) and hold
harmless the County and its authorized officers, employees, agents and volunteers from any and all claims,
actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including
the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account
of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply
regardless of the existence or degree of fault of indemnitees. The CONTRACTOR's indemnification obligation
Page 4 of 6
applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole
negligence" or "willful misconduct" within the meaning of Civil Code Section 2782.
H. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be
deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the
United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County Sheriffs Department City of San Bernardino
Bureau of Administration San Bernardino Police Department
P.O. Box 569 P.O. Box 1559
San Bernardino, CA 92402-0569 San Bernardino, CA 92402-1559
Fax: (909) 387-3444
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as
provided in this paragraph.
I. AUTHORITY
The SHERIFF of San Bernardino County shall have the right to exercise the COUNTY's authority under this
Agreement including the right to give notice of termination on behalf of the COUNTY at his sole discretion.
J. AGREEMENT AUTHORIZATION
The CONTRACTOR warrants and represents that the individual signing this Agreement is a properly
authorized representative of the CONTRACTOR and has the full power and authority to enter into this
Agreement on the CONTRACTOR's behalf.
K. ENTIRE AGREEMENT
This Agreement, including all Exhibits and Schedule, which are attached hereto and incorporated by reference,
represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement,
promises, negotiations or representations relating to the subject matter of this Agreement not expressly set
forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty
or representation by any party or any representative of any party other than those expressly contained herein.
Page 5 of 6
In Witness Whereof, the parties have duly executed and delivered this Agreement on the Execution Date.
City of San Bernardino
San Bernardino Police Department
Contractor Authorized Signature
Mark Scott
Name of person signing Agreement (print or type)
City Manager
Title
7-1 O'-/
Date
San Bernardino County Sheriffs Department
Authorized Signature
a""
rl"W, Captain
Name of person signing Agreement (print or type)
Title
Date
Page 6 of 6
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
SCHEDULE'A'
CITY OF SAN BERNARDINO
SAN BERNARDINO POLICE DEPARTMENT
FY 2017-18
COST SCHEDULE
CHARGES FOR SHERIFF'S AUTOMATED SYSTEMS
CLETS ANNUAL MAINTENANCE & SUPPORT COSTS: Annual Cost
Service
CLETS CAD -to -CAD Connection ($1001Month) (SBCX) $1,200
CLETS Transactions Cost (2016 data) $54,304
CLETS ANNUAL MAINTENANCE &SUPPORT COSTS:1 $55,504
QUARTERLY PAYMENT IN ADVANCE FOR CLETS: $13,876
ADDITIONALLY:
The Contractor shall be billed Transaction Fees on a monthly basis by County ISD
in arrears resulting from use of the following systems:
Sheriffs Department Jail Management System (JIMS)
Sheriffs Central Name Index (CNI)
Sheriffs Automated Warrants (SAW)
Property Evidence Tracking System (PETS): The Contractor shall be billed for the system
transaction fees at the rate of 6 cents per transaction, billing by SHERIFF on a quarterly basis
for actual usage in arrears and included with their previous quarterly (in advance) bills for
* The rates on this page are for the fiscal year 2017-18 only and will be adjusted each fiscal
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EXHIBIT A
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
CENTRAL NAME INDEX
AUTHORIZATION STATEMENT
The following information is required to identify personnel for the computerized Central Name Index.
NAME:
(Last) (First) (Middle)
DOB:
(Month) (Day) (Year)
AGENCY/STATION:
CALIFORNIA DRIVER'S LICENSE:
SOCIAL SECURITY NUMBER:
EMPLOYEE NUMBER:
PD# (if applicable):
SUPERVISOR SIGNATURE:
THIS PERSON REQUIRES: ❑ INQUIRY ONLY
❑ INQUIRY & UPDATE
JUSTIFICATION:
STATEMENT:
1. I have completed the above questionnaire, and the information submitted is accurate to the best of my
knowledge.
2. 1 understand that the Sheriff's Automated Systems are for Law Enforcement use only and are protected by
State Law. Accidental or deliberate disclosure of County information, modification, or misuse may result on
disciplinary action up to, and including loss of employment and prosecution under applicable laws.
3. Violation of one or more of the following procedural rules may result in disciplinary action.
a. The unauthorized use of another individual's name and/or identification information for the purpose of
inquiry or entry into one or more of the Sheriffs Automated Systems.
b. The unauthorized deletion or altering of any existing data in one or more of the Sheriff's Automated
Systems.
c. The unauthorized input (or causing of input) of false information to one or more of the Sheriff's
Automated Systems.
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EXHIBIT B
Automated Terminal Coordinator (ATC) Responsibilities
San Bernardino County Sheriffs Department
Technical Services Division Telephone: (909)3874357
CLETS Administration Section Fax: (909)387-3666
655 East Third Street
San Bernardino, CA 92415-0061
An Automated Terminal Coordinator (ATC) the key person chosen by his/her respective agency to serve as the
coordinator with the San Bernardino County Sheriffs Department (usually the same person who serves as the
CLETS Coordinator to the DOJ) on matters pertaining to CLETS contracts with the Sheriffs Department, CAD/RMS
connections to the message switch, maintenance of the users database, as well as all other matters pertaining to
the use of; CLETS, NCIC, NLETS, and the DOJ criminal justice data bases.
The ATC should be familiar with all aspects of the aforementioned items. The liaison's primary responsibilities
include:
Administration/Record Keeping
• Coordinate and/or respond to CLETS related correspondence.
• Notify the Sheriff's Department of any changes in address, phone number, agency representatives, contracts,
CAD/RMS connections, and other information pertaining to your agency.
• On a quarterly basis, ensure the accuracy of CLETS user security files within your agency, deleting/disabling
users who are no longer employed. Report this information to the Sheriffs. Department coordinator if you have
a direct connection using their terminals.
• Ensure Management Control, Interagency Agreements, or Release of CLETS Information Agreements are on
file and kept current with the signature of new agency heads, if applicable.
• Maintain a copy of all contractual agreements.
Policy
Ensure compliance with CLETS, CJIS, NCIC, and NLETS policies and regulations.
Ensure CLETS terminals, equipment, and messages are secure from unauthorized access.
System
Maintain and have available a current system diagram.
Maintain and have available a list of all Sheriffs Department CLETS terminal locations within the agency,
identifying the location, ORI, and mnemonic assigned to the terminal.
Coordinate any terminal access level changes, requests for additional CLETS mnemonics, and applications
for upgrading service.
Training
Advise terminal operators within your agency of the formats used on Sheriffs Department terminals within
your agency.
Determine the need to coordinate CLETS related training
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