REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 9, 2025
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Agreement with Idemia Identity and Security, USA LLC for LiveScan Equipment Maintenance
End
RECOMMENDATION(S)
Recommendation
Approve Maintenance Agreement with Idemia Identity & Security, USA LLC, including non-standard terms, in the amount of $236,903, to provide LiveScan equipment maintenance, for the period of July 1, 2025 through June 30, 2026.
(Presenter: Carolina Mendoza, Chief Deputy Director, 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The $236,903 cost for LiveScan equipment maintenance services is funded by the local California Identification System (CAL-ID) fund, which is maintained by revenues from court fines, California Department of Motor Vehicle fees, and per capita assessments paid by member agencies. Sufficient appropriation is included in the Sheriff/Coroner/Public Administrator's (Department) 2025-26 recommended budget for the local CAL-ID Automated Fingerprint Identification fund (4430002392).
BACKGROUND INFORMATION
In 1985, the California Department of Justice created a statewide fingerprint identification network known as CAL-ID, divided into eight regions, each using the Automated Fingerprint Identification System (AFIS) to allow access to the State's fingerprint database and to provide fingerprint identification services to law enforcement agencies within each of those regions. In the same year, Riverside and San Bernardino Counties joined to form and operate one of those regions which is governed, along with member cities, through the Remote Access Network Board, pursuant to Penal Code section 11112.4.
The San Bernardino local CAL-ID AFIS is used to organize, store, analyze, and transmit fingerprint data to and from servers within other CAL-ID network participating agencies. The Department utilizes Idemia Identity & Security, USA LLC's (Idemia) LiveScan Fingerprinting Systems (LiveScan) to provide secure capture and transmission of electronic fingerprints for verification purposes to CAL-ID AFIS.
On June 25, 2024 (Item No.102), the Board approved Contract No. 24-599 with Idemia for the provision of LiveScan equipment maintenance for the period of July 1, 2024 through June 30, 2025 in the amount of $224,860. Due to the update of Idemia's terms and conditions, the Department was unable to reference the previous agreed upon terms; therefore, approval of this item will establish a new agreement with Idemia to provide LiveScan equipment maintenance services for the retroactive period of July 1, 2025 through June 30, 2026. The Department was unable to submit this item earlier due to protracted contract negotiations with the Idemia. Retroactive approval is necessary to ensure continuity of payment for services already rendered during this period and avoid disruption of services.
The Agreement is Idemia's standard commercial contract, which includes terms that differ from the standard County contract and omits certain County standard contract terms. While the parties negotiated certain contract terms to County standards, Idemia would not agree to all County standard terms. The non-standard and missing terms include the following:
1. Idemia is entitled to recover the maximum attorneys' fees and costs permitted by now, not to exceed 25% of the total contract amount, in any collections action against the County.
* The County standard contract requires each party to bear its own costs and attorney fees, regardless of who is the prevailing party.
* Potential Impact: If either party institutes any legal proceedings related to the Agreement, the prevailing party will be entitled to recover reasonable attorneys' fees, which could exceed the total Agreement amount.
2. Idemia's maximum liability to the County is limited to the limits of insurance, with no exclusions.
* The County standard contract does not include a limitation of liability.
* Potential Impact: Claims could exceed the liability cap and the Agreement amount leaving the County financially liable for the excess.
The Department recommends approval of the Agreement with Idemia, including the non-standard terms, to continue to provide secure capture and transmission of electronic fingerprints for verification purposes to CAL-ID AFIS.
PROCUREMENT
Idemia, as the developer and manufacturer of the LiveScan system the Department currently operates, holds hardware equipment designs and software customization copyrights, including proprietary rights for maintenance and software updates. The Purchasing Department concurs with the non-competitive procurement of these services as Idemia has the proprietary right to maintain the LiveScan system.
Due to annual maintenance costs exceeding $200,000, this item requires Board of Supervisors approval per County Policy 11-04.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Bonnie Uphold, Supervising Deputy County Counsel, 387-5455) on September 5, 2025; Purchasing (Jason Cloninger, Lead Buyer, 387-0321) on August 22, 2025; Risk Management (Mattie Henderson-Mack, Administrative Supervisor I, 386-9038) on September 5, 2025; and County Finance and Administration (Erika Rodarte, Administrative Analyst, 387-4919) on August 25, 2025.