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Home My WebLink About1988-04-26; City Council; Resolution 88-1341. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 I 19 2o I I 21 1 11 I 22 ’ 23 24 25 26 27 28 i I 1 ‘e 0 RESOLUTION NO. 88-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY’S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK. The City Council of the City of Carlsbad, California, does he: resolve as follows: 1. That the CAL-ID User’s Agreement, attached hereto as Exhi: #3, between the City of Carlsbad and the County of San Di for use of the CAL-ID Remote Access Network, is hereby ap 2. That the Mayor of the City of Carlsbad is hereby authoriz directed to execute said agreement €or and on behalf of t of Carlsbad, California, on the 26th day April by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Mamaux & Larson NOES : ABSENT: Council Pkinber Pettine ATTEST : ” LLlLz%i d. .P& ALETHA L. RAUTENKRANZ, City Clekk (SEAL) -, I i I I . .' .. 0 0 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR THE CARLSBAD POLICE DEPARTMENT TO PARTICIPATE IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK TUIS AGREEMENT, made and entered into this da: of , 1988, is by and between the County of Sal Diego, a political subdivision of the State of California hereinafter referred to as "COUNTY", and the City 0: Carlsbad, a municipal corporation, hereinafter referred to a: "CITY". WITNESSETH WHEREAS, the State Department of Justice maintains a1 automated system for retaining and identifying fingerprints, said system being known as the California Identificatiox System, and hereinafter referred to as "Cal-ID"; and WHEREAS, the Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network ("RAN"), consisting of a statewide network of equipment ant procedures allowing local law enforcement agencies direct access to Cal-ID; and r e. .. a e -2- WHEREAS, the San Diego County Sheriff's Department hereinafter referred to as "SDSD", is the COUNTY'S proprietar agency for San Diego County's California Identificatic System/Remote Access Network, hereinafter referred to i "Cal-ID/RAN" ; and WHEREAS, San Diego County's Cal-ID/RAN is governed 1 the San Diego County Local Cal-ID/RAN Board, establish€ pursuant to Section 11112.4(a) and (c) of the California Pen; Code, and hereinafter referred to as RAN BOARD; and WHEREAS, Cal-ID/RAN consists of two subsystems: (I the Automated Fingerprint Identification System, hereinaftc referred to as "AFIS", and (2) the Automated Latent Prir System, hereinafter referred to as "ALPS"; and WHEREAS, Cal-ID/RAN provides remote access throu! Local Input Terminals, hereinafter referred to as "LIT'S"; a1 WHEREAS, the Carlsbad Police Department, hereinaftt referred to as "CPD", a criminal justice agency, desires 1 participate in Cal-ID/RAN; and WHEREAS, the SDSD agrees to provide CPD access 1 Cal-ID/RAN, which is to include both AFIS and ALPS inquiries, r .. *. 0 0 -3- NOW, THEREFORE, the parties hereto agree that CPD wil be provided access to Cal-ID/RAN through the SDSD's LIT sit pursuant to the following terms and conditions. I. COST COMPONENTS A. CITY will reimburse COUNTY for proportional share of the following costs associate with Cal-ID/RAN: (1) ongoing operational costs, an (2) costs for latent fingerprint tracings prepared b SDSD. 1. ONGOING OPERATIONAL COSTS a. Ongoing operationa costs ( "OPERATIONAL COSTS" ) wil include those costs needed to maintai the central computer and supportin equipment; costs fc telecommunications operations for th Cal-ID/RAN equipment; air conditionin maintenance; tape storage; offic supplies; cost for replacing th 1. ., 0 0 -4- equipment amortized over ten years funding for system enhancement! authorized by the RAN BOARD utilities; support personnel; an' related costs necessary for th, operation of Cal-ID/RAN. b. CITY agrees to pa' COUNTY its proportional share o OPERATIONAL COSTS on a quarterl, basis. CITY'S proportional share o the costs will be based upon th proportional use of the system' Central Processing Unit (CPU) use tim for latent prints input by or for th CITY. The proportional share will b determined on a quarterly basis b COUNTY staff. CITY will be assigned CPU number for purposes of monitorin the CPU use. ,. . .. 0 0 -5- C. CITY will not pay fc CPU use time related to tenprir identification input by COUNTY. 2. COSTS FOR LATENT FINGERPRIF TRACINGS a. Latent fingerprir tracings ( "TRACINGS") are not includc as a part of OPERATIONAL COSTS and a] subject to charge. b. TRACINGS may t prepared by either the CPD ( SDSD for inquiries into the system. C. To encourage trainc operators, the SDSD will provic training in preparing tracings ax system use at no cost to the CITY. I .. 0 0 -6- d. Each trained operator wil be assigned a system security passwor and will be authorized to use th system only after demonstrating tha the operator has achieved th requisite skills necessary to operat the LIT equipment. e. If the CPD requests SDSD will prepare TRACINGS on behal of the CPD on a reimbursable basis. (1) The rate current1 charged by the SDSD is $15.( per tracing. (2) SDSD reserves tk right to revise the amount j charges for providing TRACINC in order to ensure full COS recovery. I .. 0 0 -7- (3) COUNTY will provid written notice to CITY a least thirty (30) days pric to revising the rate charge for preparing TRACINGS. f. Elimination prints shoul be obtained and provided to SDSD for preliminary screening to avoi unnecessary entry of latent print into Cal-ID. B. CITY agrees to Fay COUNTY for tk aforementioned costs identified in I.A.l. and I.A.2 of this AGREEMENT within thirty days aftc receiving invoices from COUNTY for such costs. C. COUNTY wil.1 maintain a separat accountability for the purposes of funding Cal-ID/RAb D. COUNTY will provide CITY a financi; report on Cal-ID/RAN at the end of the fiscal year. I ,. * e -8- 11. SYSTEM OPERATING POLICIES AND PROCEDURES A. The primary purpose of Cal-ID/RA shall be to serve all law enforcement agencies in th COUNTY e B. Additional law enforcement agencie may be added and users may be removed from Cal-ID/RA as conditions warrant. C. Participating CITIES and COUNTY agrec to abide by all State and Federal statutes, as well a: all policies adopted by COUNTY or RAN BOARD concerninl the security, privacy and dissemination of any and a1 fingerprint identification data contained i: Cal-ID/RAN. D. Operational policy will be establishel and modified as deemed appropriate by the RAN BOARD. This policy shall ensure that each user is treatec equitably, with primary consideration based on eacl user agency's service population and crime rate. . I. e e -9- E. Any dispute between users ove operational policies established by the RAN BOAR: shall be resolved by that BOARD. F. CITY and COUNTY agree to ensure th proper and effective operation and maintenance o equipment used to participate in Cal-ID/RAN. G. CITY and COUNTY agree to continue t submit fingerprint cards for all specified arrests t the Department of Justice as required by law. 111, This AGREEMENT incorporates by reference California Penal Code Section 11112.1 et. seq. and any relate legislation enacted thereto; State Department of Justic Cal-ID/RAN Master Plan and any changes thereto; Stat Department of Justice Cal-ID/RAN Policy Manual and any change thereto; and the San Diego County Local RAN Board Operatin Policies. IV. This AGREEMENT may not be modified, amended o otherwise chan.ged unless by an amendment in writing execute by the CITY and. COUNTY. . .* 7, 0 m -10- V. This AGREEMENT will remain in effect unt. June 30, 1991, and shall continue for additional periods I three (3) years each; provided, however, that either CITY t COUNTY may at any time terminate the AGREEMENT by notifyil the other party and the RAN BOARD in writing at least thir, (30) days prior to such termination. Such termination sha not relieve the party of any financial obligation assuml under this AGREEMENT other than future OPERATIONAL COSTS A! TRACING COSTS - VI. Each party will indemnify and hold the othi party harmless from liability for acts or omissions of itse and its agents and employees in connection with t: performance of this AGREEMENT. IN WITNESS WHEREOF, this AGREEMENT is executed by t COUNTY OF SAN DIEGO pursuant to action taken by the Board Supervisors, and by the CITY OF CARLSBAD pursuant to acti taken by the City Council. .. <- 0: a -11- COUNTY OF SAN DIEGO CITY OF CARLSBAD BY Jg BY .I . L ./ h nnz y[L / , -Y I' .. ; .z ,fib w &~nuud A. LEWIS, Clerk, Board of Supervisors Mayor, City of Carlsbad APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY BY Deputy County Counsel