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Home My WebLink About1990-09-18; City Council; Resolution 90-3430 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 90-343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REVISED AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK the City Council of the City of Carlsbad, California, does hereb) resolve as fol lows: 1. That the revised CAL-ID User's Agreement, attached hereto as #3, between the City of Carlsbad and the County of San Diego for use of the CAL-ID Remote Access Network, is hereby approv I 2. That the Mayor of the City of Carlsbad is hereby authorized a directed to execute said agreement for and on behalf of the C of Carlsbad, California, on the 18th day of September by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Larson, Mamaux and Pettine 15 18 17 ABSENT: None 16 NOES: None 19 21 20 I P;TTEST: 22 WHA LU&JlJ!NKF@?Z, CITY CLERK KAREN R. KUNDTZ, Assistant City Clerk 23 (SEAL) 24 25 26 27 28 .. w e 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 THIS AGREEMENT, made and entered into this day oJ , 1990, is by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the City of Carlsbad, a municipal corporation, hererinafter referred to as "CITY." WITNESSETH WHEREAS, the State Department of Justice maintains an automated system for retaining and identifying fingerprints, said system being known as the California Identification System, and hereinafer 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 and procedures allowing local law enforcement agencies direct access to Cal-ID; and W 0 -2- WHEREAS, the San Diego County Sheriff's Department, hereinafter referred to as "SDSD," is the COUNTY'S proprietary agency for San Diego County's California Identification System/Remote Access Network, hereinafter referred to as "Cal-ID/RAN" ; and WHEREAS, San Diego County's Cal-ID/RAN is governed by the San Diego County Local Cal-ID/RAN Board, established pursuant to Section 11112.4(a) and (c) of the California Penal Code, and hereinafter referred to as "RAN BOARD"; and WHEREAS, Cal-ID/RAN provides both tenprint and latent fingerprint identification through the use of Local Input Terminals, hereinafter referred to as "LIT'S" and Enhanced Verification Only Terminals, hereinafter referred to as EVOT's; and WHEREAS, the Carlsbad Police Department, hereinafter referred to as "CPD," a criminal justice agency, desires to participate in Cal-ID/RAN; and WHEREAS, the SDSD agrees to provide CPD access to Cal-ID/RAN for making tenprint and latent fingerprint inquiries; SI W m -3- NOW, THEREFORE, the parties hereto agree that CPD will be provided access to Cal-ID/RAN pursuant to the following terms and conditions. I. SCOPE OF SERVICE CPD shall be provided access to Cal-ID/RAN for making tenprint and latent fingerprint inquiries at either: A. SDSD's LIT site, or B. An EVOT site. 11. COST A. CITY shall reimburse COUNTY for its proportional share of the ongoing net operational costs associated with Cal-ID/RAN, based upon the following formula, which will be adjusted annually using the previous year's SANDAG data. w -4- 1- CITY'S PERCENTAGE OF TOTAL COUNTY POPULATION 1 CITY'S PERCENTAGE OF TOTAL COUNTY CRIME rn ANNUAL CAL-ID NET OPERATIONAL X COSTS = SUBTOTAL f 2 = El CITY'S ALLOCATION PERCENGAGE CITY f S ALLOCATION PERCENTAGE El CITY'S - CAL- I D COSTS - B. CITYfS percentage of total County population shall be based on SANDAGfs most recent "Population and Housing Estimates,'' which are revised annually. C. CITY'S percentage of total County crime shall be based on SANDAG's most recent issue of "Crime in the San Diego Region," which is published annually. D. Ongoing net operational costs shall include those costs needed to maintain the central computer and supporting equipment; costs for telecommunications operations for the Cal-ID/RAN equipment; air conditioning maintenance; tape storage; office supplies; cost for replacing the equipment amortized over ten years; funding for system enhancements authorized by the RAN BOARD; .. w e -5- utilities; support personnel; and related cost necessary for the operation of Cal-ID/RAN, les revenue collected from fines and penalties by th' courts and deposited into the Cal-ID Trust Fund. E. CITY'S estimated Cal-ID costs are calculated 01 Attachment A, which is hereby made a part of thi: Agreement. F. The Sheriff of the County of San Diego may, or behalf of COUNTY, annually revise CITY'S Estimated Cal-ID Costs (Attachment A), based upon the most recent SANDAG population and crime rate statistics in accordance with Sections 1I.B. and 1I.C. anc current net operational costs specified in Section 1I.D. Such estimate, when approved by CITY and the County Sheriff, acting on behalf of the COUNTY, shall be made a part of this Agreement as Attachment A. G. CITY shall be billed quarterly based on its proportional share of the estimated ongoing net operating costs and agrees to pay COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. .. m 0. -6- H. The first billing of each fiscal year shall bl adjusted to reflect the actual net operationa. costs for the previous year. I. COUNTY shall maintain a separate accountabilitl for purposes of funding Cal-ID/RAN and shall provide a financial report at the end of eack fiscal year. 111. SYSTEM OPERATING POLICIES AND PROCEDURES A. Should the CPD become the recipient of an EVOT, tenprint and latent fingerprint inquiries shall primarily be made from the EVOT site, with SDSD's LIT site being accessed only if the EVOT equipment is not operational. B. Should the CPD become the recipient of an EVOT, it shall make the equipment available for use by trained Cal-ID operators from other police departments. C. Should the CPD not be a recipient of an EVOT, access to Cal-ID/RAN for making tenprint and latent fingerprint inquiries shall be provided W 0 -7- either through the SDSD's LIT site or the nearest EVOT site. D. The primary purpose of Cal-ID/RAN shall be to serve all law enforcement agencies in the COUNTY. E. Additional law enforcement agencies may be added and users may be removed from Cal-ID/RAN as conditions warrant. F. Participating CITIES and COUNTY agree to abide by all State and Federal statutes, as well as all policies adopted by COUNTY and State of Local RAN BOARD concerning the security, privacy and dissemination of any and all fingerprint identification data contained in Cal-ID/RAN. 1. Cal-ID shall be used exclusively for law enforcement criminal or suspected criminal fingerprint identification purposes. 2. Cal-ID shall not be used for employment, licensing, or certification purposes. e e -a- G. Operational policy shall be established and modified as deemed appropriate by the RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. H. Any dispute between users over operational policies established by the RAN BOARD shall be resolved by that Board. I. COUNTY agrees to ensure the proper and effective operation and maintenance of equipment used to participate in Cal-ID/RAN. J. COUNTY agrees to continue submitting fingerprint cards for all specified arrests to the Department of Justice as required by law. K. This , Agreement incorporates by reference: California Penal Code Section 11112.1 et. seq. and any related legislation enacted thereto; State Department of Justice Cal-ID/RAN Master Plan and any changes thereto; State Department of Justice Cal-ID/RAN Policy Manual and any changes thereto; ,- 0 e -9- and the San Diego County Local RAN Board Operatin? Policies. IV. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended or other- 4 wise changed as provided in Section II.F., or by an amendment in writing executed by the CITY and COUNTY. V. TERMINATION FOR CONVENIENCE Notwithstanding any other section or provision of this Agreement, either party hereto may terminate this Agreement by giving a one-year advance written notice of intention to terminate. VI. TERM OF AGREEMENT This Agreement shall take effect July 1, 1990 and unless sooner terminated as provided for herein, shall terminate on June 30, 1995. a -10- VII. INDEMNIFICATION A. COUNTY shall defend, indemnify and hold harmles. CITY, its officers, agents, or employees from anc against any and all liability expense, includin: costs and legal fees incurred in connection witk claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts 01 failures to act of COUNTY, its officers, agents or employees in performance of this Agreement. B. CITY shall defend, indemnify and hold harmless COUNTY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts or failures to act of CITY, its officers, - agents or employees in performance of this Agreement. s m a -11- IN WITNESS WHEREOF, this Agreement is executed by the COUNTY OF SAN DIEGO pursuant to action taken by the Board of Supervisors, and by the CITY OF CARLSBAD pursuant to action taken by the City Council. COUNTY OF SAN DIEGO BY Clerk, Board of Supervisors CL APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY BY BY pr. /Gd Deputy County Counsel De’puty City Atyorney