HomeMy WebLinkAboutContracts & Agreements_63-1998_CCv0001.pdf LIVE SCAN AGENCY
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MEMORANDUM OF UNDERSTANDING
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I. PURPOSE '
The City of Redlands , the live scan agency, and the Department of Justice
(DOJ), hereby enter into this Memorandum or Understanding for the purpose of having
the DOJ receive and process applicant background requests received via live scan from
Redlands Police Department and/or provide applicant fingerprint-based
clearances and notification of subsequent arrests and/or convictions if applicable.
TERM
The term of this Memorandum shall be from July 1, 1998 through June 30, 1999,
III. GENERAL PROVISIONS
Under the provisions of Penal Code Section 11105, the DOJ is authorized to charge
agencies submitting applicant fingerprints a fee sufficient to support the cost of the
program. It is understood that fingerprints will be processed by the DOJ at the rates
established by State and Federal agencies. These rates are subject to change with thirty
(30) days written notice.
_The city of Redlands agrees to compensate DOJ monthly, in arrears, upon
receipt of an invoice, computed in accordance with Section 8752 of the State
Administrative Manual. Nothing herein contained shall preclude advance payments
pursuant to Article I, Chapter 3, Part 1, Division 3, Title 2, of the Government Code.
Total amount payable during the term of this agreement shall not exceed the sum
associated with the DOJ and FBI applicant background ser-vices received.
Invoices will be mailed to the Live Scan Agency at the following address. l e,
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The contact person for DOJ will be Jackie Wentz., tl
Phone #--(210-227-3870 Section BCII Administration Section
The contact person for The city of Redlands will be Joni Castellon
Phone# (909) 798--7514 Section Personnel Department
Memorandum of Understanding
Page 2
III. GENERAL PROVISIONS (Continued)
The live scan agency Will be responsible for invoice payment if the agency operator fails to
input a billing number or inputs an incorrect billing number, and/or applicant agency
information, and the DOJ can not determine which agency should be billed for the
transaction.
This agreement may be terminated by either party upon thirty(30) days written notice
to the other party.
This agreement shall be subject to the examination and audit of the California State
Auditor for a period of three (3) years after final payment under this agreement
(Government Code Section 10532).
This agreement is subject to any additional restrictions, limitations, or conditions
enacted by the Legislature and contained in the Budget Act or any statute enacted
by the Legislature which may affect the provisions, terms or funding of this
agreement in any manner.
This agreement may only be amended in writing by mutual agreement of the parties
named herein.
City of Redlands Department of Justice
Name of Agency Receiving State Service Name of Agency Providing Set-vice
Authorised Signature Authorized Signature
William E- CunnIngham, Mayor MateyJaneAEOCE, Chief DOJ,Ago2untin
Printed Name and Title of Person Signing Printed Name and Title of Person Signing
Octobez- 6 1998
Date Signed Date Signed
ATTEST:
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Lori f oyzyzer t lerk
State of California
Department of Justice
Division of Criminal Justice Information Services
Communications Administration Program
P.O. Box 903417
Sacramento,CA 94203-4170
(916)227-3755
(916)227-3659(fax)
As an agency receiving background clearance information in response to the
submission of applicant fingerprint cards to the Department of Justice, you already
are aware of the regulations regarding the security of the hard copy information
which you currently receive. The purpose of this Agreement is to restate existing
regulations and clarify how they apply to the electronic receipt of this same
information via fax or e-mail. There are no new regulations. Items 1, 2, 4, 5, and
7 restate misting regulations relative to receiving hard copy information; item 2
has been expanded to include electronic information. Items 3 and 6 are intended to
clarify these regulations relative to electronic information.
APPLICANT FINGERPRINT RESPONSE
SUBSCRIBER AGREEM[ENT
In accordance with section 11077 of the Penal Code, the Attorney General is responsible for the
security of criminal offender record information. Section 707(a) of the California Code of
Regulations requires that"Automated systems handling criminal offender record
information and the information derived therefrom shall be secure from unauthorized
access, alteration, deletion or release. The computer terminals shall be located in secure
premises."
This agreement is between the(name of agency) City of Redlands
and the California Department of Justice for the purposes of the exchange of criminal offender
record information. The above named agency agrees that:
I. Criminal offender record information and the information derived therefrom shall be accessible
only to the records cussan and/or hiring authority charged with determining the suitability of
the applicant.
2. Confidential information received electronically or via mail shall be used solely for the purpose
for which it was requested and shall not be reproduced for secondary dissemination.
3. Notwithstanding other statutory authority, information received shall not be stored
electronically and will be destroyed after the hiring or licensing determination. Destruction of this
7
informa
tion shall be to the extent that the identity of the individual can no longer be reasonably.
ascertained.
4. Criminal history background checks have been completed on all individuals with access or
Proximity
to or fax machines receiving criminal offender err card
5; Staff with access to criminal
Offender record mformation have received ` ing and counseling
on the handling ofcriminal offender record information d have signed employmentstat
formsacknowledging understanding of the a statement ties for the $ease� �a
offender record information(Penal Code Sections 5o2, 11142 and 11143):
6. Reasonable measures shall be taken to locate terminals and fax machines in a secure area to
provide protection from unauthorized access to criminal offender record information by other
than authorized 1, Access is deed as the ability to view criminal ofer record
information ,on a terminal monitor or on paper.
7. Pursuant to bion 702 Of the California Lone of Regulations, authorized agues violating
this agreement may lose direct access to criminal offender r rd information main d by the
Department of justice.
City of Red2and&
Agency Name
P. 0. Box 300
3 airy Street
Redl:at d 923 3
Address
Phone (909 798----7 51
Sigma re of
Wi.11 i am E. (rennin
Printed Name
Mayor
Title
ATTEST:��
ears. P0 Me Clark