HomeMy WebLinkAboutRES 2020-073 Execution of an Agreement with the County of San Bernardino CAL-IDRESOLUTION NO.2020-73
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO FOR IMPLEMENTATION AND OPERATION OF ALL
BIOMETRIC IDENTIFICATION SYSTEMS AND DNA SERVICES (SAN
BERNARDINO CAL -ID)
WHEREAS, the San Bernardino Police Department has continually participated in the
CAL -ID System through the Remote Access Network (RAN) Board since July 1986 for
fingerprint and DNA identifications; and
WHEREAS, the current CAL -ID Agreement expires on June 30, 2020.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute an Agreement with the
County of San Bernardino for implementation and operation of all Biometric Identification
Systems and DNA Services, attached hereto as "Exhibit A."
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shal fhei)m1effecIA immediately.
APPROVED and ADOPTED by the City Coun 9 /zicdeMayor and attestedby the Acting City Clerk this 15a' day of April 20
■ •
John Valdivia, Mayor
City of San Bernardino
Resolution No. 2020-73
April 15, 2020
Pagel of 3
Attest: ,
Genoveva Rocha, CMC, Acting C ity Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2020-73
April 15, 2020
Page 2 of 3
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-73, adopted at a regular meeting held on the 15,' day of April 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ X
IBARRA X
FIGUEROA X
SHORETT X
NICKEL X
RICHARD X
MULVIHILL X
WITNESS my hand and official seal of the City of
Resolution No. 2020-73
April 15, 2020
Page 3 of 3
this Kicn day of April 2020.
Genoveva Rocha, CMC, Acting City Clerk
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
VSA14 BERNARDINO
OUNTY
Contract Number
SAP Number
N/A
Sheriff/Coroner/Public Administrator
Department Contract Representative John Ades, Captain
Telephone Number (909) 387-0640 _
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
City of San Bernardino
Teri Ledoux, City Manager
`909-384-5122
July 1, 2020 to June 30, 2030
WHEREAS, a region encompassing the areas of the Counties of Riverside and San Bernardino (county service
area) 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, operation, and maintenance of a local subsystem within San
Bernardino County (hereinafter referred to as COUNTY); 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-113 Member 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 seiection cornmittee established pursuant to Government Code Section 50270 and a
member -at -large chosen by the other membem; and
WHEREAS, the County of San Bemardino and CITY desire to enter into an agreement forthe implementation and
operation of all Biometric lden ffication Systems and DNA Services for the benefits of the citizens of their
jurisdictions;
NOW, THEREFORE, in core i n of the mutual covenants and conditions herein, the parties hereto agree as
follows:
Standard Contract Page 1 of 4
I. SCOPE OF WORK
A. CITY agrees to be users of the Identification Systems and DNA Services established for the county
service areas. 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 policies and procedures
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 Sheriffs 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 Vt 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, 2030. 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:
CONTRACTOR: City of San Bernardino
Teri Ledoux, City Manager
290 North D Street
San Bernardino, CA 92401
COUNTY: San Bernardino County Sheriff's Department
Bureau of Administration/Contracts Unit
655 E. Third Street
San Bernardino, CA 92415-0061
Revised 7/15/19 Page 2 of 4
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.
V. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. INDEMNIFICATION. CITY agrees to indemnify and hold harmless SAN BERNARDINO COUNTY
its officers,
damage to
agreement.
employees, agents, and volunteers from any and all liabilities for injury to persons and
property arising out of any negligent act or omission of CITY in connection with this
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,
SAN BERNARDINO COUNTY and/or CITY shall indemnify the other to the extent of its comparative
fault.
B. INSURANCE. Both CITY and COUNTY are self -insured public entities for purposes of professional
liability, general liability, and Workers' Compensation. CITY and COUNTY warrant that through their
program of self-insurance; they have adequate professional liability, general liability and Workers'
Compensation to provide coverage for liabilities arising out of CITY and COUNTY's performance
pursuant to 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 7/15/19 Page 3 of 4
COUNTY OF SAN BERNARDINO
■
Curt Hagman, Chairman, Board of Supervisors
Dated:
SIGNED AND CERTIFIED -THAT A COPY OF -THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
of the County of San Bemardino
By
wwouty
FOR COUNTY USE ONLY
Approved as to L990 Farm
"^dard D. LuczA<Depudy County Counsel
Date
r'
(Print or type name of corporation, company, contracts etc.)
By ■
(Authorized signature - sign In blue bW
Name Teri Ledoux
(Print or type name of person signing conb wQ
Title Ci�; Manager
(Prfnt or Type)
� - t7.
Address 290 North D Street
San Bernardino, CA 92401
Reviewed for Contract Compliance kv_ Appmved by Departt w t
1►
John Ades, Captain
Date Dade
Revised 7/15119 page 4 of 4