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AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD
REGARDING REIMBURSEMENT FOR CAL-ID/RAN BOARD APPROVED ITEMS
This agreement (“Agreement”) is entered into between the County of San Diego, a political
subdivision of the State of California (“County”), and the City of Carlsbad, a California municipal
corporation (“City”) and shall become effective on the latter of the dates signed by the parties.
WHEREAS, the San Diego County Sheriff’s Department (“Sheriff”) manages the San Diego County
California Identification System (Cal-ID)/Remote Access Network (RAN) Board, a regional policy and
advisory board, responsible for the management of Cal-ID equipment and technology;
WHEREAS, the Cal-ID/RAN Board provides each participating agency with funding for associated
costs to support the development of qualified examiners across the region;
WHEREAS, the Cal-ID/RAN Board manages the Sheriff Fingerprint ID Trust Fund and has the
authority to approve requests for purchase of goods or services for use by participating agencies to support the
participating agencies' ability to provide fingerprint identification;
WHEREAS, on August 27, 2024, the San Diego County Board of Supervisors authorized the Sheriff
to provide funding to the City for equipment, training and certification approved by the Cal-ID/RAN Board,
for the period of October 1, 2024 through June 30, 2025 with four one-year extensions at Sheriff’s discretion
through June 30, 2029;
WHEREAS, the City has the ability to request the reimbursement of costs associated with any
equipment, training or certification, authorized on or after January 1, 2024, that enhances the City’s capacity
to provide fingerprint identification;
WHEREAS, the funding source is governed by California Vehicle Code Section 9250.19.
NOW, THEREFORE, the parties agree as follows:
1.County Obligations. County shall provide funding, from the Sheriff Fingerprint ID Trust Fund,
to reimburse the actual cost of procurement of any items authorized by the Sheriff and Cal-
ID/RAN Board on or after January 1, 2024. The total cost of reimbursement for all items shall
not exceed $250,000 in a fiscal year (July 1 through June 30).
2.City Obligations.
(a)The City shall be responsible for the procurement of goods and services as well as
staff training and certification to support the capacity of the Carlsbad Police
Department to provide automated mobile and fixed location fingerprint
identification of individuals who may be involved in driving under the influence of
alcohol or drugs in violation of Vehicle Code Section 23152 or 23153, or vehicular
manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of
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Section 192 of the Penal Code, or any combination of those and other vehicle-related
crimes, and other crimes committed while operating a motor vehicle, in cases where
there is a nexus to the City.
(b) The City shall obtain authorization from the Sheriff and Cal-ID/RAN Board prior to
the procurement of any goods or services.
(c) The City shall follow their own procurement process for the procurement of all
goods and services.
(d) The City shall procure goods or services only for the amount authorized by the
Sheriff and Cal-ID/RAN Board on or after January 1, 2024. Any increases in
procurement costs equal to or over $10,000 between the time of authorization and
the purchase shall require re-authorization by the Sheriff and Cal-ID/RAN Board.
(e) When procuring goods or services authorized pursuant to this Agreement, the City
agrees to follow the County of San Diego's fiscal year term, which runs from July
1st to June 30th.
(f) The City shall procure goods or services authorized pursuant to this Agreement,
within the County’s fiscal year in which the costs of such goods or services were
budgeted by the County.
(g) In the event the City is unable to procure goods or services authorized pursuant to
the Agreement, within the County's fiscal year in which the costs of such goods or
services were budgeted by the County, the City shall notify the County Cal-ID
Administration, in writing, that such procurement of goods or services cannot be
accomplished by the conclusion of that fiscal year.
(h) The City shall notify the County Cal-ID Administration, in writing, in advance of
the fiscal year in which any International Association for Identification (IAI)
certification renewals will be completed.
(i) The City shall provide, at its own expense, all necessary training of its personnel
needed to operate or utilize any procured goods and infrastructure needed to install
or implement such goods.
(j) The City shall be responsible for all future maintenance and support costs associated
with the procured goods or services.
(i) Notwithstanding, section 2(j) of the City's obligations, any maintenance and
support costs associated with the procured goods or services that were previously
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approved by the RAN Board, as part of the overall approval of the procurement of
said goods or services, shall remain reimbursable under this Agreement.
(k) The City shall abide by the requirements of California Vehicle Code Section
9250.19 in procurement of any goods or services.
(l) When utilizing Cal-ID/RAN Board funds for training pursuant to this Agreement,
the training must be approved by the IAI. The current list of the approved trainings
can be found on the IAI website.
(m) If Cal-ID/RAN Board funded training requires travel, the City shall use the
reimbursable rates found in the County Administrative Ordinance Article XXVIa
Section 472, including the use of the Federal General Services Administration
(GSA) per diem rates for food and lodging.
(i) If expenditures are greater than the GSA allowable rate, the maximum
reimbursement amount to the City will be the GSA rate.
(n) The City shall submit a reimbursement request to the Sheriff's Office for the actual
costs of procurement of any items authorized by the Sheriff and Cal-ID/RAN Board.
The reimbursement request must contain a paid itemized invoice with the City's
name and a Purchase Order associated with the procurement. All expenditures
incurred each fiscal year for training and the required travel shall be submitted in a
single reimbursement request by May 15.
(o) The City shall provide an annual program report that includes data to demonstrate
how the purchase of the goods and services have supported the City's use of
fingerprint identification.
3. Administrator of Agreement. Jessica Turner, CAL-ID Administrator, shall administer this
Agreement on behalf of the County; and Christie Calderwood, Chief of Police, shall administer it
on behalf of the City. County and City may from time to time designate a different administrator
by providing notice in the manner required by Section 4.
4. Notice. Any notice or notices or other documentation required or permitted to be given pursuant
to this Agreement may be personally served on the other party by the party giving such notice, or
may be served by certified mail, postage prepaid, return receipt requested, to the following
addresses:
County: Jessica Turner, CAL-ID Administrator
San Diego Sheriff’s Department
5590 Overland Avenue
San Diego, CA 92123
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(858) 285-6139
Jessica.Turner2@sdsheriff.gov
City: Christie Calderwood, Chief of Police
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
(760) 931-2197
Notices that are personally served shall be deemed delivered on the date served. Notices sent by
certified mail shall be deemed delivered 5 County business days after mailing. County and City
may from time to time designate a new address for providing notice by providing notice of the new
address in accordance with this Section.
5. Audit and Inspection of Records. At any time during normal business hours and as often as the
County may deem necessary, the City shall make available, within five (5) City business days of
the receipt of a request, to the County for examination all of its records with respect to all matters
covered by this Agreement and will permit the County to audit, examine and make excerpts or
transcripts from such records, and make audits of all invoices, materials, payrolls, records of
personnel and other data relating to all matters covered by this Agreement. Unless otherwise
specified by the County, said records shall be made available for examination within San Diego
County, California. The City shall maintain such records in an accessible location and condition
(with electronic copies not required but sufficing for such purposes) for a period of not less than
five (5) years following receipt of final payment under this Agreement, or longer where required
by the funding source. The State of California or any federal agency having an interest in the
subject of this Agreement shall have the same rights conferred upon County by this Agreement.
6. Termination for Convenience. Both parties may terminate this Agreement at any time by giving
written notice to the respective party of such termination and specifying the effective date thereof
at least 30 County business days before the effective date of such termination.
7. Publication, Reproduction and Use of Material. No material produced, in whole or in part,
under this Agreement shall be subject to copyright in the United States or in any other Country.
The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in
whole or in part, any reports, data or other materials prepared under this Agreement.
8. Independent Capacity. In the performance of this Agreement, the City and its agents, employees
and volunteers shall act in an independent capacity and not as officers, employees, agents, or
volunteers of the County. This Agreement does not create an employment relationship between
the City and the County. Nothing in this Agreement shall be deemed or construed as creating a
joint venture, partnership, agency relationship, franchise, or business opportunity between the City
and County. No party, by virtue of this Agreement, shall have any right, power, or authority to
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create an obligation, express or implied, on behalf of the any other party or to act on behalf of the
any other party, except as otherwise expressly provided in this Agreement.
9. Indemnification. County shall not be liable for, and City shall defend and indemnify County and
the employees and agents of County (collectively "County Parties"), against any and all claims,
demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes,
losses, damages, expenses, charges or costs of any kind or character, including attorneys’ fees and
court costs (hereinafter collectively referred to as "Claims"), related to this Agreement and arising
either directly or indirectly from any act, error, omission or negligence of City or its contractors,
licensees, agents, servants or employees, including, without limitation, Claims caused by the
concurrent negligent act, error or omission, whether active or passive, of County Parties. City
shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is
determined by a court of competent jurisdiction that such Claim was caused by the sole
negligence or willful misconduct of County Parties.
10. No Third-Party Beneficiaries. Except as expressly set forth herein, this Agreement is for the
sole benefit of the parties hereto and their successors and permitted assigns, and nothing herein
expressed or implied shall give or be construed to give any person or entity, other than the parties
hereto and such successors or assigns, any legal or equitable rights hereunder.
11. Governing Law. This Agreement shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of California.
12. Entire Agreement. This Agreement constitutes the entire agreement between the City and
County regarding the subject matter contained herein. All other representations, oral or written,
are superseded by this Agreement. Neither party is relying on any representation outside of this
Agreement. This Agreement may be changed only by written amendment signed by both parties.
13. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement
shall not be construed as a waiver of that party’s right to subsequently enforce this, or any other
term, covenant, or condition of this Agreement. No waiver shall be deemed effective unless the
waiver is expressly stated in writing and signed by the party waiving the right or benefit.
14. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its
purpose. The language of all parts of this Agreement shall be construed simply according to its
plain meaning and shall not be construed for or against either party.
15. Severability. If any terms or provisions of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of
this Agreement, or the application of such term and provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected thereby and every
other term and provision of this Agreement shall be valid and enforced to the maximum extent
permitted by law.
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