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HomeMy WebLinkAbout1988-04-26; City Council; 9398; CAL-ID User's Agreement0 LlJ g 0.. 0.. < z 0 fi c( ..I 6 z ::> 0 CJ CiTY OF CARLSBAD -AGENDA BILL ___________ ,......_, _________ _,......,.....,,._ ........... ~,--------,.----~ll:"'"r-r- DILL DEPT. HO':(. V AB# 93c,Y MTG. 'i-.21D-fr 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 --,- 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. ~ r: L ~~. . ; ( I l I I February 3, 1988 Mr. Ray Patchett, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Patchett: • . ~-f--I • I • I ' • 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 " ----------- 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 1 2 3 4 ,. 5 6 7 8 9 J.O 11 12 13 14 15 ~6 17 18 19 20 21 22 23 24 25 26 27 28 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) ---~ -- 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 iii 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; ! t f l -' . -3- 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 -4- 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. / -5- 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. -6- 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. • be -7- (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. .I If -8- 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. / -9- 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. ------------------ -10- 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 / -11- CITY OF CARLSBAD ayor, 1ty of Carlsbad APPROVED AS TO FORM AND LEGALITY