HomeMy WebLinkAbout1988-04-26; City Council; 9398; CAL-ID User's Agreement0
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CiTY OF CARLSBAD -AGENDA BILL
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DEPT. POLICE
CAL-ID USER'S AGREEMENT CITYATTY~
CITY MG~\\)
RECOMMENDED ACTION:
Approve Resolution No. rf-pt/ , thereby approving the CAL··ID User's Agreement,
(See Exhibit #3) between the City of Carlsbad and the County of San Diego.
ITEM EXPLANATION
The California Identification System, CAL-ID, is an automated statewide data
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base containing fingerprint identification on thousands of arrestees and potential
crime suspects. This system enables law enforcement to perform automated
comparison searches of unidentified suspect prints against the data base of
known prints. It was trissame technology that allowed police to identify and
arrest the infamous "Night Stalker" of Los Angeles.
Carlsbad Po!ice have already experienced several successes through the use of a
Cal-ID "demonstration" local access terminal at San Dieg1J. In a recent six month
study, we submitted 42 searches which resulted in 11 burglaries being solved.
Continued participation in the CAL-ID system will require official approval of
the attached agreement between the City of Carlsbad and San Diego County. The
agreement describes operatir.g procedures and calls for cost sharing of the
required "Remote Access Terminal" to implement the CAL-ID system.
Approval of this agreement, which is appearing before the Council for the first
time, will enable Carlsbad Police to utilize a very valuable and cost effective
crime solving technology.
FISCAL IMPACT
The agreement calls for Carlsbad to pay an estimated $16,708 annually, in four
quarterly installments, as our share of operating costs. Additional costs for
print processing services will run between $1,500.00 and $2,000.00 annually,
depending on volume. Funds have be~n requested in the Police Department's
1988-89 budget to cover the above expenditures.
The use of this system will, no doubt, result in substantial, although unmeasur-
able, savings of investigations time.
EXHIBITS
1. Resolution No. '(8-13'-/.
2. Letter from San Diego County Sheriff, J. Duffy, to City of Carlsbad City
Manager, Ray Patchett, dated February 3, 1988.
3. CAL-ID User's Agreement.
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February 3, 1988
Mr. Ray Patchett, City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Patchett:
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The Board of Supervisors has approved contracts required for the
implementation of the California Identification System Remote
Access Network (Cal-ID/RAN) in San Diego. The implementation of
this long-awaited system will enable San Diego to become a part
of the statewide criminal identification network.
Approximately $2.6 million is being jointly funded by the State
of California, the County of San Diego and the City of San Diego
to cover startup costs.
A Local RAN Board has been established to develop policy and
procedures for the Gystem. Enclosed is a list of the names,
addresses and telephone numbers of the San Diego County Cal-ID
Local Board members and staff.
It has been determined by the Local Cal-ID/RAN Board that the
annual operating costs for the system will be shared based on
each user agency's proportional share of the program's CPU usage.
The total operating costs for Fiscal Year 1988/89 are estimated
at $900,200.
Senate Bill 1148, signed by the Governor on September 27, 1987,
authorizes a fifty-cent assessment for every $10.00 of fines and
penalties imposed for criminal offenses, beginning January 1,
1988. These revenues are to be used for the implementation of an
automated fingerprint identification system. The annual revenues
resulting from this legislation are ~stimated at $750,000 and
can substantially reduce the net cost of the system.
Unfortunately, Senate Bill 709 was also signed by the Governor
and affects the potential funding resulting from Senate Bill
1148. Senate Bill 709 requires that any county participating in
the Trial Court Funding Act pay back to the State revenues it
collects from fees, fines and forfeitures in return for block
grant funding for court operations. This legislation will
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require the County to submit to the State those revenues it
collects for the automated fingerprint identification system es a
result of Senate Bill 1148, beginning July 1, 1968, unless new
legislation is passed providing an exemption for Cal-ID.
Because of the uncertainty of whether or not new legislation will
be passed to exempt cal-ID funds from Senate Bill 709, it is
difficult to estimate an annual cost to your agency for cal-ID at
this time. However, based on population and crime rate, it i~
estimated th~ --the City of Carlsbad will be responsible for
approximately , 2 .18% of the system's total CPU usage. ( Seel-I
enclosed Annual--cost Projection.) The e~ annual cost for·J,,, O?
the City of Carlsbad is approximately ~-c;,;;;.L-.=;..;:;..r-.. < It snould be
emphasized that this is an estimate and could vary depending on
your agency's use of the system, participation by other cities
within the region, and the availability of State funding.
The system should become operational in San Diego by the
beginning c,f Fiscal Year 1988/89. The purpose of this
correspondence is to suggest that sufficient funding be provided
in the Fiscal Year 1988/89 budget to cover the City's
proportional share of the Cal-ID operating costs.
Enclosed for your review is a Draft User's Agreement, which must
be entered into by the County and each participating agency, and
a copy of the San Diego Local RAN Board Operating Policies. Both
the Draft User's Agreement and the Operating Policies have been
~pproved by the Local RAN Board. Also enclosed is a summary of
Cal-ID statistics representing all cases entered into the
demonstration Local Input Terminal at the San Diego Police
Department during the period July 1, 1986 through December 31,
1987.
If there are any comments or questions regarding the User's
Agreement, the cost methodology or funding requirements, please
contact the Cal-ID Project Coordinator, ~~~k, at 6~-5662.
Ms. Mauck will contact you in the ~future to arrange a
meeting with you and/or your staff to discuss the Cal-ID project
in more detail.
Sincerely,
Enclosures
cc: Robert Vales, Chief
Carlsbad Police Department
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RESOLUTION NO. 88-134
A RESOLUTION OF THE CITY COUNCit. OF THE
CITY OF CARLSBAD, CALIFORNIA, Ai:rROVING
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 nereby
resolve as follows:
AYES:
NOES:
l. That the CAL-ID User's Agreement, attached hereto as Exhibit
#3, between the City of Carlsbad and the County of San Diego
for use of the CAL-ID Remote Access Network, is hereby approved.
2. That the M~yor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City
of Carlsbad, California, on the 26th day --~A~p~ri=l=----' 1988
by the following vote, to wit:
Council Members Lewis, Kulchin, Mamaux & Larson
ABSENT: Council Member Pettine
ATTEST:
(SEAL)
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of
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 day
1988, 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, hereinafter referred to as
"CITY".
WITNESSETH
WHER~AS, the State Department of Justice maintains an
automated system for retaining and identifying fingerprints,
said system being known as the California Identification
System, and hereinafter referred to as "Cal-IDt'; and
WHEREAS, the Penal Code, Section 11112.l 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
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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 consists of two subsystems: (1)
the Automated Fingerprint Id~ntification System, hereinafter
referred to as "AFIS", and (2) the Automated Latent Print
System, hereinafter referred to as "ALPS"; and
WHEREAS, Cal-ID/RAN provides remote access through
Local Input Terminals, hereinafter referred to as "LIT'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
C~l-ID/RAN, which is to include both AFIS and ALPS inquiries;
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NOW, THEREFORE, the parties hereto agree that CPD will
be provided access to Cal-ID/RAN through the SDSD's LIT site
pursuant to the following terms and conditions.
I. COST COMPONENTS
A. CITY will reimburse COUNTY for a
proportional share of the following costs associated
with Cal-IO/RAN: (1) ongoing operational costs, and
(2) costs for latent fingerprint tracings prepared by
SDSD.
1. ONGOING OPERATIONAL COSTS
a. Ongoing operational
costs ("OPERATIONAL COSTS") will
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;
supplies;
tape storage~
cost for replacing
office
the
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equipment amortized over ten years;
funding
authorized
utilities;
for
by
system
the
enhancements
RAN
support personnel;
BOARD;
and
related C')Sts necessary for the
operation of Cal-ID/RAN.
b. CITY agrees to pay
COUNTY its proportional share of
OPERATIONAL COSTS on a quarterly
basis. CITY's proportional share of
the costs will be based upon the
proportional use of the system's
Central Processing Unit (CPU) use time
for latent prints input by or for the
CITY. The proportional share will be
determined on a quarterly basis by
COUNTY staff. CITY will be assigned a
CPU number for purposes of monitoring
the CPU use.
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c. CITY will not pay for
CPU use time related to tP.nprint
identification input by COUNTY.
2. COSTS FOR LATENT FINGERPRINT
TRACINGS
a. Latent fingerprint
tracings ("TRACINGS") are not included
as a part of OPERATIONAL COSTS and are
subject to charge.
b.
prepared by
TRACIWGS
either
may
the CPD
be
or
SDSD for inquiries into the system.
c.
operacors,
To encourage
the SDSD will
trained
provide
training in preparing tracings and
system use at no cost to the CITY.
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d. Each trained operator will
be assigned a system security password
and will be authorized to use the
system only after demonstrating that
the operator has achieved the
requisite skills necessary to operate
the LIT equipment.
e. If the CPD requests,
SOSO will prepare TRACINGS on behalf
of the CPD on a reirnbursable'basis.
(1) The rate currently
charged by the SDSD is $15.00
per tracing.
(2) SOSO reserves the
right to revise the amount it
charges for providing TRACINGS
in order to ensure full cost
recovery.
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be
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(3) COUNTY will provide
written notice to CITY at
least thirty (30) days prior
to revising the rate charged
for preparing TRACINGS.
f. Elimination prints should
obtained and provided to SDSD for a
preliminary screening to avoid
unnecessary entry of latent prints
into Cal-ID.
B. CITY agrees to pay COUNTY for the
aforementioned costs identified in I.A.l. and I.A.2.
of this AGREEMENT within thirty days after
receiving invoices from COUNTY for such costs.
c. COUNTY will maintain a separate
accountability for the purposes of funding Cal-ID/RAN.
D. COUNTY will provide CITY a financial
report on Cal-ID/RAN at the end of the fiscal year.
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II. SYSTEM OPERATING POLICIES AND PROCEDURES
A. The primary purpose of Cal-ID/RAN
shall be to serve all law enforcement agencies jn the
COUN'l.'Y.
B. Additional law enforcement agencies
may be added and users may be removed from Cal-ID/RAN
as conditions warrant.
C. Participating CITIES and COUNTY agree
to abide by all State and Federal statutes, as well as
all policies adopted by COUNTY or RAN BOARD concerning
the security, privacy and dissemination of any and all
fingerprint
Cal-ID/RAN.
identification data contained in
D. Operational policy will be established
ana modified as deemed appropriate by the P.AN BOARD.
This policy shall ensure that each user is treated
equitably, with primary consideration based on 3ach
user agency's service population and crime rate.
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E. Any dispute between users over
operational policies established by the RAN BOARD
shall be resolved by that BOARD.
F. CI?Y and COUNTY agree to ensure the
proper and effective operation and maintenance of
equipment used to participate in Cal-ID/RAN.
G. CITY and COUNTY agree to continue to
submit fingerprint cards for all ~pecified arrests to
the Department of Justice as required by law.
III. 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
Depart~ent of Justice Cal-ID/RAN Policy Manual and any changes
thereto: and the San Diegc County Local RAN Board Operating
Policies.
IV. This AGREEMENT may not be modified, amended or
otherwise changed unless by an amendment in writing executed
by the CITY and COUNTY.
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V. This AGREEMENT will remain in effect until
June 30, 1991, and shall continue for additional periods of
three (3) years each; provided, however, that either CITY or
COUNTY may at any time terminate the AGREEMENT by notifying
the other party and the RAN BOARD in writing at least thirty
(30) days prior to such termination. Such termination shall
not relieve the party of any financial obligation assumed
under this AGREEMENT other than future OPERATIONAL COSTS AND
TRACING COSTS.
VI. Each party will indemnify and hold the other
party harmless from liability for acts or omissions of itself
and its agents and employees in connection with the
performance of this AGREEMENT.
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.
I<--
COUNTY OF SAN DIEGO
BY
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY
BY
Deputy County Counsel
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CITY OF CARLSBAD
ayor, 1ty of Carlsbad
APPROVED AS TO FORM AND
LEGALITY