HomeMy WebLinkAboutContracts & Agreements_30-2023THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
SAN BERNARDINO
COUNTY
Contract Number
SHR — 22 - 0028
SAP Number
N/A
Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director
of Sheriff's Administration
Telephone Number (909) 387-0640
Contractor City of Redlands Police Department
& Redlands Fire Department
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
(909)798-7661
07/01/2022 to 06/30/2027
$17,466 for fiscal year 2022-23
4430001000
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, the County through the Sheriff/Coroner/Public Administrator (hereinafter referred to as
"Sheriff") provides access to the Sheriff's Automated Systems; AND
WHEREAS, the Contractor desires to enter into an Agreement for access to the Sheriff's 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 exchange
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)
Standard Contract
Page 1 of 10
A.1.3 National Law Enforcement Telecommunications System (NLETS)
A.1.4 California Department of Justice, Racial & Identity Profiling Act (RIPA) System
A.1.5 Stop Data Collection System (Staging)
A.1.6 Stop Data Collection System (Production)
A.1.7 California Gang System (CalGang)
A.1.8 California Sex and Arson Registry (CSAR)
A.1.9 Sentencing, Monitoring, Apprehending, Registering & Tracking (SMART) Justice System
A.1.10 Department of Motor Vehicles (DMV)
A.1.11 California Law Enforcement Telecommunications System (CLETS), received via the
State CLETS network (transaction fees apply and billed by Sheriff)
A.1.12 Super Name Search network (transaction fees apply and billed by Sheriff)
A.1.13 Crime Web/Mugshot System
A.1.14 Identix-Cal ID
A.1.15 Property Evidence Tracking System (PETS) (transaction fees apply and billed by
Sheriff)
A.1.16 Sheriffs Department Jail Information Management System (JIMS) (transaction fees
apply and billed by the County's Innovation and Technology Department - ITD)
A.1.17 Sheriff's Central Name Index (CNI) (transaction fees apply and billed by ITD)
A.1.18 Sheriff's Automated Warrants (SAW) (transaction fees apply and billed by ITD)
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 the County's Innovation
and Technology Department (ITD), 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's 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 A, 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 State 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.
Revised 03/15/2022 Page 2 of 10
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 Sheriff's CNI, 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.
B.7 Each of the Contractor's employees requiring access to CNI must complete and sign a Central Name
Index Authorization Statement, Exhibit B, attached hereto and incorporated herein by reference.
C. SHERIFF RESPONSIBILITIES
C.1 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 Sheriff's 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 Sheriff's 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.)
C.4 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. CENTRAL NAME INDEX (CNI) ACCESS LIMITATIONS
Access to the Sheriff's CNI database is also limited, as follows:
Revised 03/15/2022 Page 3 of 10
D.1 In the interest of maintaining a regional criminal justice database, Contractor is granted inquiry
capability to the Sheriff's 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 B and incorporated
herein by reference.
D.3 The Sheriff/Coroner/Public Administrator, or designee, 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, 2022, or upon the date of approval
by the Sheriff, whichever is later, and ending on June 30, 2027. 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 in the notice 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 No. A.1.11; A 1.12; and A.1.15 indicated in Section
A.1 above, will be billed by Sheriff. Access to PETS requires special arrangements that are
unique to each agency. Agencies desiring access to PETS shall contact Sheriff's Technical
Services at CNI JIMS@sbcsd.org to determine if the agency is eligible for access.
F.1.4 Systems listed in No. A.1.16 through A.1.18 will be billed by ITD.
F.1.4 Connection to the County WAN will be billed by ITD and a one-time fee applies.
F.1.5 County WAN Access is provided under a separate agreement with ITD and will be
billed by ITD.
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, 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) can include
changes to Memoranda of Understanding approved by the County Board of Supervisors for County
employees, which increase labor costs, and other inflationary 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).
Revised 03/15/2022 Page 4 of 10
G. INDEMNIFICATION AND INSURANCE
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 ("Indemnitees"), 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 lndemnitees. The
Contractor's indemnification obligation 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.
Additionally, the Contractor agrees to provide Cyber Liability Insurance, if applicable, through its program
of self-insurance or other carriers, with adequate coverage or resources to protect against liabilities arising
out of the performance of the terms, conditions or obligations of this agreement; with limits of no less than
$1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy
violations, information theft, damage to or destruction of electronic information, intentional and/or
unintentional release of private information, alteration of electronic information, extortion and network
security. The policy shall protect the involved County entities and cover breach response cost as well as
regulatory fines and penalties.
Contractor shall require the carriers of the above required coverages to waive all rights of subrogation
against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general
or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees
or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all
rights of subrogation against the County.
H. NOTICES
All written notices and proof of insurance 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 Sheriff's Department
Bureau of Administration, Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
Fax: (909) 387-3444
City of Redlands
Redlands Police Department Administration
30 Cajon Street
P.O. Box 3005
Redlands, CA 92373-1505
City of Redlands
Redlands Fire Department
35 Cajon Street, Suite 12
P.O. Box 3005
Redlands, CA 92373-1505
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/Coroner/Public Administrator of San Bernardino County, or designee, 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
Revised 03/15/2022 Page 5 of 10
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.
This Agreement may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The
parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile,
PDF or other mail transmission), which signature shall be binding on the party whose name is contained
therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party
an original signed Agreement upon request.
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to
be subscribed by its respective duly authorized officers, on its behalf.
City of Redlands Police Department & Redlands
Fire Department
(Print or type name of agency/dep. 'ment)
Name
(Authorized signature - s n in
Eddie Tejeda;
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated: .Z ,2 1 -23
30 Cajon Street P.O. BOX 3005 &
35 Cajon Street, Suite 12 P.O. BOX
Address 3005
Redlands, CA 92373-1505
ATTEST:
nne Donaldson, City Clerk
Revised 03/15/2022
Page 6 of 10
FOR COUNTY USE ONLY
Approved as to Legal Form
Richard D. Luczak, Deputy County Counsel
Date
)/ 7/ d d
Reviewed for Contract Compliance
Date
Reviewed/Approved by Department
Kelly Welty, Chief Deputy Director of
Sheriff's Administration
Date
Revised 03/15/2022 Page 7 of 10
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
SCHEDULE 'A'
CITY OF REDLANDS
REDLANDS POLICE DEPARTMENT
& REDLANDS FIRE DEPARTMENT
FY 2022-23*
COST SCHEDULE
CHARGES FOR SHERIFF'S AUTOMATED SYSTEMS
CLETS ANNUAL MAINTENANCE & SUPPORT COSTS:
Service
CLETS CAD -to -CAD Connection ($100/Month) (REDX Redlands PD)
CLETS Teleprocessing Support/Maintenance Costs ($50/Month)
CLETS Terminal Browser Access ($10.50/Month/Terminal) (ORFD01 Redlands Fire):
CLETS Transactions Cost (2021 data)
CLETS ANNUAL MAINTENANCE & SUPPORT COSTS:
QUARTERLY PAYMENT IN ARREARS FOR CLETS:
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)
Annual Cost
$1,200
$600
$252
$15,414
$17,466
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 quarterly bills for CLETS.
$4,366.57
* The rates on this page are for the fiscal year 2022-23 only and will be adjusted each fiscal year.
Revised 03/15/2022 Page 8 of 10
EXHIBIT A
Automated Terminal Coordinator (ATC) Responsibilities
San Bernardino County Sheriff's Department
Technical Services Division
CLETS Administration Section
655 East Third Street
San Bernardino, CA 92415-0061
Telephone: (909)387-4357
Fax: (909)387-3666
An Automated Terminal Coordinator (ATC) the key person chosen by his/her respective agency to serve as the
coordinator with the San Bernardino County Sheriff's Department (usually the same person who serves as the
CLETS Coordinator to the DOJ) on matters pertaining to CLETS contracts with the Sheriff's 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 Sheriff's 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 Sheriff's 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 Sheriff's Department terminals
within your agency.
• Determine the need to coordinate CLETS related training.
Standard Contract Page 9 of 10
EXHIBIT B
SHERIFF'S DEPARTMENT SAN BERNARDINO COUNTY
CENTRAL NAME INDEX / JIMS NET
AUTHORIZATION STATEMENT
The following information is required to identify personnel for the computerized Central Name Index.
NAME:
Print:
DOB:
(Last)
(First) (Middle)
(Month) (Day) (Year)
AGENCY/STATION:
CALIFORNIA DRIVER'S LICENSE:
LAST 4 OF SOCIAL SECURITY NUMBER:
EMPLOYEE NUMBER:
PD# (if applicable):
***SUPERVISOR SIGNATURE:
THIS PERSON REQUIRES: INQUIRY ONLY
JUSTIFICATION:
STATEMENT:
1. I have completed the above questionnaire, and the information submitted is accurate to the best of my
knowledge.
2. I 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 Sheriff's Automated Systems.
b. The unauthorized deletion or altering of any existing data in one or more of the Sheriffs Automated
Systems.
c. The unauthorized input (or causing of input) of false information to one or more of the Sheriff's
Automated Systems.
EMPLOYEE SIGNATURE:
DATE
Authorizing Personnel:
Print: LAST, FIRST, TITLE
DEPARTMENT/LOCATION PHONE #
Please scan and e-mail this form to CNI_JIMS@sbcsd. org. You will receive a reply via email when access has been
granted
IMPORTANT NOTE: It is imperative that you notify us immediately, upon a termination or removal.
Revised 03/15/2022
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