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HomeMy WebLinkAbout19- Police Department CITY OF SAN BERN. RDINO - REQUEST i ;,R COUNCIL ACTION Subject: A Resolution of the City of San Bernardino From: Daniel A. Robbins, Chief of Police authorizing the continuation of the agreement between the City and the Dept: Police Department County of San Bernardino for the California Law Enforcement Tele- Date: 9-14-93 communication System. Synopsis of Previous Council action: Resolution #81-329 dated 8-4-81 . Recommended motion: Adopt resolution. Sign re Contact person: Police Chief Daniel Robbins Phone: 384-5607 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: $11 ,000 Source: 001-222-53178- Tel e Charges Finance: Q� Council Notes: 75-0262 Agenda Item No. k? CITY OF SAN BERN, DINO - REQUEST FR COUNCIL ACTION STAFF REPORT The San Bernardino Police Department is authorized to gain access to the National Law Enforcement Telecommunications System and the California Law Enforcement Telecommunications System. The San Bernardino County Sheriff's Department is charged with the responsibility for coordinating and providing access to these systems for all law enforcement agencies within San Bernardino County. Access and control of our communications line is governed by a standard contract that is approved and reviewed by the State of California and the Federal Department of Justice. A valid contract is required at all times while we use these files. Our present contract expired on or about October 1, 1992 . The San Bernardino County Sheriff's Department has been slow to process a new contract because of pending system changes and the potential for fee changes. However, because of legal requirements, the Sheriff's Office has asked us to sign another contract immediately. This contract includes the regular service fees that we have been paying for these services during the last contract period (1987-1992) . It is critical that we approve this contract in a timely manner so the Sheriff's Department remains in compliance with the Policies and Procedures portions of the California Law Enforcement Tele- communications Manual. This contract has been reviewed by the City Attorney's Office. It has been returned once to the Sheriff's Office for changes at the request of the City Attorney. Those changes have been made and the contract has since been reviewed and approved again by our City Attorney. Fees associated with this contract are already budgeted by the Police Department, and they are within the budgeted amounts. In fact, since we are planning on returning several items on the contract list within the next few months, we will receive a discount on the total annual service fee. 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT RELATING TO THE 4 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Chief of Police of the City of San 8 Bernardino is hereby authorized and directed to execute on 9 behalf of said City a Memorandum of Understanding with the San 10 Bernardino County Sheriff's Department relating to the 11 California Law Enforcement Telecommunications System, a copy of 12 which is attached hereto, marked Exhibit 'A' and incorporated 13 herein by reference as fully as though set forth at length. 14 SECTION 2 . The authorization to execute the above 15 referenced agreement is rescinded if the parties to the 16 agreement fail to execute it within sixty (60) days of the 17 passage of this resolution. 18 19 20 21 22 23 24 25 26 27 28 `fir/ j RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN 2 BERNARDINO COUNTY SHERIFF'S DEPARTMENT RELATING TO THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1993 , by the following vote, 7 to wit: 8 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of 1993 . 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to form 23 and legal content: 24 JAMES F. PENMAN City Attorney 25 26 by: / 27 -2- 28 FOR COUNTY USA -NLY E ..ew I Vendor Code L Contract Number +' M Chan e X Cancel K SHR County Department Dept. Orgn. Contractor's License No. SHERIFF SUR - r County Department Contract Representative Ph. Ext. Amount of Contract I � j, RAY HARP FR�DFPi1TV CHTF.F 387-3660 County of San Bernardino Fund Dept. Organization I Appr, I Obj/Rev Source Activity GRC/PROJ JOB Number ' I 9409 F A S HR �S�____ 953 530A AAA s Commodity Code Estimate' Pavment Total by Fisca' Year STANDARD CONTRACT FY Amount I'D F1' Amount uD Prniec' Name — — I _San_Rerna=fi no — -- 'I �11Ce Dear m IIt � — I, L—CLETc 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 BER INO _ hereinafter called nSF.R AC ENVY Address POLICE DEPARTMENT T-4616 STREET SAN BERNARDINO, CA 92401 Phone Birth Date Federai ID No. or Socia; security No. IT IS HEREBY AGREED AS FOLLOWS: space belov.,arn_;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 anc'cause for termination, other terms and conditions, and attach plans, soecihcations, and addenda, if an�.j I. In this contract, the COUNTY OF SAN BERNARDINO, acting as the administrator of the California Law Enforcement Telecommunication System (CLETS), shall hereafter be referred to as the "SUBSCRIBER-CONTROLLER." II. PURPOSE OF CONTRACT. This contract provides for the SUBSCRIBER-CONTROLLER to serve as the agent responsible for the exchange of criminal offender record information and other criminal justice information between USER AGENCY and the SUBSCRIBER-CONTROLLER and statewide criminal justice agencies. In addition, it provides for SUBSCRIBER-CONTROLLER to facilitate the interchange of computerized criminal history data between the Federal Bureau of Investigation (FBI), National Crime Information Center (NCIC), National Law Enforcement Telecommunication System (NLETS), Department of Motor Vehicles (DMV) and California Law Enforcement Telecommunication System (CLETS), received via the State CLETS network. III. SUBSCRIBER-CONTROLLER Security Officer 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. 02-12311-000 Rev, 11191 Page 1 of 4 IV. CANCELLATION: The term of this contract shall be for a period of time commencing on , and terminating only as hereinafter provided. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by USER AGENCY or by SUBSCRIBER-CONTROLLER upon written notice given to the other party at least ninety (90) 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. Any and all notices required to be given hereunder shall be given in writing by registered or certified mail, postage prepaid. The addresses of the parties hereto until further notice are as follows: SUBSCRIBER-CONTROLLER: San Bernardino County Sheriff Bureau of Administration P.O. Box 569 San Bernardino, CA 92402-0569 USER AGENCY: V. INFORMATION SERVICES. SUBSCRIBER-CONTROLLER agrees to furnish the USER AGENCY access to such criminal offender record information and other criminal justice information as is made available from the State through the CLETS network. VI. EQUIPMENT. SUBSCRIBER-CONTROLLER shall assist in the selection of the equipment for, provide, maintain, operate, and manage an electronic data communications system in the San Bernardino County Sheriff's Communication Control Center in order to provide the services specified in this contract. SUBSCRIBER-CONTROLLER shall provide to the USER AGENCY the required communication lines to connect with the County's Message Switcher computer. The required equipment shall consist of: 1. Computer-to-computer interface via telecommunications circuit of the County's Message Switcher computer to the USER AGENCY computer system, OR 2. Telecommunications circuit, terminals, printers, protocol conversion boxes, and ancillary support peripherals to provide computerized access of law enforcement information. (See equipment listing. ) VII. USER AGENCY shall pay to SUBSCRIBER-CONTROLLER the sum of money per Schedules "A" and "B" attached hereto. Basic installation of service will be provided by the SUBSCRIBER-CONTROLLER. Installation fees, cost of additional services , equipment, related supplies and changes or modifications will be paid for by the USER AGENCY. The total cost to repair or replace SUBSCRIBER- CONTROLLER supplied equipment damaged by neglect, malicious actions or accident shall be the responsibility of the USER AGENCY. Time costs, maintenance and diagnostic costs will be paid by USER AGENCY. Costs will be adjusted in the event of telephone company rate changes. All equipment PAGE 2 of 4 used by the USER AGENCY un this contract shall become tr4m)roperty of the USER AGENCY upon termination of this contract. County shall have the right to adjust contract rates annually by an amendment to this contract and at any time to reflect increased labor costs from Memorandum of Understanding changes which increase labor costs. VIII. It is understood by and between the parties hereto that this contract shall be deemed executory to the extent of the moneys available to SUBSCRIBER-CONTROLLER and no liability on account thereof shall be incurred by SUBSCRIBER-CONTROLLER beyond moneys budgeted for the purpose thereof. IX. SUBSCRIBER-CONTROLLER shall render assistance to the USER AGENCY in order to provide for timely, efficient, and accurate implementation of CAD/CLETS/RMS network operations. The data provided to SUBSCRIBER-CONTROLLER by the USER AGENCY 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 USER AGENCY 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 purging or canceling entries will be adhered to in order to enhance the reliability of all data. The USER AGENCY will not enter into the system, data originating with any organization not a party to this contract or party to a separate but similar contract with SUBSCRIBER-CONTROLLER. X. The USER AGENCY agrees to limit access to information furnished by SUBSCRIBER-CONTROLLER to its own employees and other criminal justice/law enforcement agencies. The USER AGENCY further agrees to comply with Federal and State laws, rules, procedures, and policies formally adopted in the California Law Enforcement Telecommunication 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. The USER AGENCY agrees to cause employees, having access via the San Bernardino County IBM computer system to the Sheriff's Central Name Index (CNI), or to the Traffic Citation System (TCITE), to complete security training before such access will be allowed. XI. SUBSCRIBER-CONTROLLER reserves the right to suspend access to any information provided for in this contract, in accordance with the State CLETS Policies, Practices, and Procedures Manual, when any rules, policy, or procedure adopted by SUBSCRIBER- CONTROLLER, 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 USER AGENCY. XII. The USER AGENCY agrees to appoint a security and privacy officer in accordance with the State CLETS Policies, Practices, and Procedures Manual, and as designated by the State of California and the SUBSCRIBER-CONTROLLER who shall be responsible for all security and privacy considerations relating to the use of the USER AGENCY'S terminal or terminals. The security and privacy officer shall be the liaison point for SUBSCRIBER-CONTROLLER regarding security and privacy matters. PAGE 3 of 4 XIII. The USER AGENCY agrees to indemnify, defend, and hold harmless the SUBSCRIBER- CONTROLLER, San Bernardino County, and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from USER AGENCY'S acts, errors, or omissions and for any costs or expenses incurred by the SUBSCRIBER- CONTROLLER on account of any claim therefor. XIV. The SUBSCRIBER-CONTROLLER agrees to indemnify and hold harmless the USER AGENCY and their agents, officers, volunteers and employees against any and all claims or actions arising from SUBSCRIBER-CONTROLLER'S negligent acts or omissions on account of any claim therefor. XV. The San Bernardino County Sheriff or his authorized designee shall have the authority to exercise the County's rights under this contract including termination of the contract on behalf of the County at his sole discretion. APPROVED AS TO LEGAL FORM: Y47! OF S ERNARDINO COUNTY OF SAN BERNARDINO A CITY OF Cnv BF NARDINO Chairman, Board of Supervisors ;State if corporation, company, etc.) Dated By (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS Dated DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Title Clerk of the Board of Supervisors of the County of San POLICE DEPARTMENT Bernardino. Address 4-fif W,-rt, Fourth-Street San Bernardino, CA 92401 By Deputy Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing 4,i► 10- ounty Cou/n-sel Agency Administrator/CAO Date 4r .;3 _93 Date Date - ----- .., D- d A SCHEDULE "A" SAN BERNARDINO CITY POLICE DEPARTMENT APRIL 12 , 1993 COST SCHEDULE MONTHLY CHARGES OR ASAFE ( CLETS ) SERVICE Monthly use and maintenance charges will be billed by the San Bernardino County Sheriff' s Department. MONTHLY FEE * NOVEMBER 92 THRU FEBRUARY 93 $ 807. 42 BEGINNING MARCH 1993 $ 707 .49 CURRENT RATES ** DAYS : 7 : 00 a.m. to 5 : 30 p.m. -- $22 per hour NIGHTS: $44 per call out plus $33 per hour , one hour minimum FIRST HOUR - $77 ADDITIONAL HOUR - $33 * Fees are subject to change due to expiration of manufacturer warranties and annual usage adjustment. ** Rates are subject to change due to the Memorandum of Understanding increases authorized by the County Board of Supervisors . 4/12/93 SCHEDULE "B" SAN BERNARDINO CITY POLICE DEPARTMENT APRIL 12 , 1993 I . COMPUTER-TO-COMPUTER CLETS INTERFACE COMMUNICATIONS CIRCUIT ( PAID BY SBPD) N/C EQUIPMENT LEASE (NOV. 92 THRU FEB 93 ) 99 . 93 MODEM MAINTENANCE ( 2 ) 43 . 16 TELEPROCESSING SUPPORT 12 . 50 TOTAL CPU-TO-CPU: MONTHLY COSTS (NOV. 92--FEB. 93 ) $155 . 59 MONTHLY COSTS (BEGINNING MARCH 93 ) $ 55 .66 II . "OLD" CLETS (ADM-42 ) SERVICE CIRCUIT MILEAGE COSTS ( 502 , 506 , 509 ) $ 38 . 16 LOCAL LOOP ( 4 @ 11 . 50 ) 46 . 00 DATA SET ( 4 @ 25 . 00 ) 100 . 00 CHANNEL TERMINAL 80 . 00 DATA PROCESSING CHARGE ( 9 @ 11 . 63 ) 104 . 67 CRT MAINTENANCE ( 5 @ 35 . 00 ) 175 . 00 TTY PRINTER MAINTENANCE ( 4 @ $27 . 00 ) $108 . 00 TOTAL MONTHLY CLETS SERVICE COSTS $651 . 83 TOTAL MONTHLY COSTS: NOVEMBER 92 THRU FEBRUARY 93 $ 807. 42 BEGINNING MARCH 1993 $ 707.49 4/12/93 ���till�It�j!♦ 18 53 [� y :- August 9, 1993 Ms. Janis Ingels City of San Bernardino Management Information Services Division 300 North D Street San Bernardino, CA 92401 Dear Ms. Ingels: Attached please find the original and five (5) copies of the revised contract for the Police Department to access the California Law Enforcement Telecommunications system, and the maintenance of the related equipment. This contract replaces contract 88-103 which expired on October 31, 1993. Upon approval by the City's governing body please have the original and all copies of the contract signed by the City Administrator or Mayor and return same to San Bernardino County Sheriff's Department Bureau of Administration P.O. Box 569 San Bernardino, CA 92402-0569 ATTN. Michael Daniel. Once the contract has been approved by the County Board of Supervisors an executed copy will be forwarded for your records. Thank you for your assistance in this matter, and should you have any questions please contact Mr. Daniel at 387-3725. SINCERELY, DICK WILLIAMS, SHERIFF o g McCormick, Lieutenant Sheriff's Bureau of Administration DW/GWM/md Attachments -►-w .rte,-5^- ;rr `T T Ll IV,,. Lb. L) i V i 6 i i SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino, California 92415-0061 Post Office Box 569 • San Bernardino, California 92402-0569