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Home My WebLink About1995-09-12; City Council; 13295; CAL-ID/RAN USER AGREEMENT, AB # /f$dYs TITLE: MTG. + CAL-ID/RAN USER AGREEMENT DEPT, DEF CIT' CIT 0 UJ 7 8 fit 2 z 0 F 0 a 1 G 2 3 0 0 - """FH I -I CIT~F CARLSBAD - AGEN~BILL '-~ - RECOMMENDED ACTION: Adopt Resolution No. 9G2q approving Cal-ID User Agreement between the City Carlsbad and the County of San Diego. ITEM EXPLANATION The California Identification System (Cal-ID) is an automated statewide data ba: containing fingerprint identification on thousands of arrestees and potential crin suspects. This system enables law enforcement to perform automated comparisi searches of unidentified suspect prints against the data base of known prints. The Cal-ID system has continued to be a vital tool in the police departmen investigative field. The system has successfully identified homicide victims, robbe and sexual assault suspects, as well as burglary and auto theft suspects. FISCAL IMPACT The Police Department's share for operating cost is $14,000. Funds have been ma( available to cover this in the current budget. EXH IBlTS 1. Resolution No. ?!-gsl 2. Letter from Sheriff Bill Kolender dated August 2, 1995. 3. Cal-ID User Agreement. 0 0 San Diego County Sheriff's Department Post Office Box 429000 * San Diego, California 92142-9000 William B. Kolender, Sheriff John M. Drown, (/I August 2, 1995 Robert Vales, Chief Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92008 Dear Bob: SUBJECT: CAL-ID USER AGREEMENT Four copies of the Cal-ID user agreement between the County of San Diego and the City of Carlsbad are enclosed for your approval. The agreements were approved by the Board of Supervisors on June 20, 1995, and will be signed by the Clerk of the Board after they have been approved by your City Council. Please return all four signed copies of the agreement to: San Diego Sheriff's Department P. 0. Box 429000 San Diego, CA 92142-9000 Attention: Anita Fredendall Upon execution by the Clerk of the Board, two copies of the agreement will be returned to you. If you have any questions regarding the agreement, please contact Anita Fredendall at 974-2219. Sincerely, Bill $..m Kolender, Sheriff Enclosures b- d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 95-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNLA, APPROVING THE AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTYS CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK WHEREAS, the City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the Cal-ID User's Agreement, attached hereto as Exhibit Number 3, between the City of Carlsbad and the County of San Diego for use of the Cal-ID Remote Access Network, is hereb approved. 2. That the Mayor of the city of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the Ci of Carlsbad, California, on the 12th day of SEPTEMBER , 1991 by the following vote to wit: /I /I /I // /I /I /I // /I /I /I /I . 1 2 3 4 5 6 7 8 9 lo 11 I.z 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of SEK 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: w d. P- ALM'HA L. RAUTENKRANZ, City blerk (Seal) I I 0 0 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT, made and entered into this day of , 1995, is by and between the County of San Diego, political subdivision of the State of California, hereinafte. referred to as "COUNTY", and the City of Carlsbad, a municip( corporation, hereinafter referred to as llCITY1l. WITNESSETH WHEREAS, the State Department of Justice maintains an automated system for retaining and identifying fingerprints, said system being known as the California Identification Sysi and hereinafter referred to as I1Cal-ID1l; and WHEREAS, the Penal Code, Section 11112.1 et seq. providc for the establishment of a Remote Access Network (frRAN1l 1, consisting of a statewide network of equipment and procedure: allowing local law enforcement agencies direct access to Cal. and ,4...+ e e WHEREAS, the San Diego County Sheriff's Department, hereinafter referred to as llSDSDtl, is the COUNTY'S proprieta agency for San Diego County's California Identification Syst Remote Access Network, hereinafter referred to as I1Cal-ID/RA and WHEREAS, San Diego County's Cal-ID/RAN is governed by t San Diego County Local Cal-ID/RAN Board, established pursuan Section 11112.4 of the California Penal Code, and hereinafte referred to as 'IRAN BOARD"; and WHEREAS, Cal-ID/RAN provides both tenprint and latent fingerprint identification through the use of Local Input Terminals, hereinafter referred to as llLIrP'sll and Enhanced Verification Only Terminals, hereinafter referred to as llEVOT's'l ; 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-I RAN for making tenprint and latent print inquiries; and -2- ,.c. .A 0 0 WHEREAS, EVOT equipment has been placed at CPD for use 1 trained Cal-ID operators from CPD or other law enforcement agencies; NOW, THEREFORE, the parties hereto agree that CPD will provided access to Cal-ID/RAN pursuant to the following term: and conditions. I. SCOPE OF SERVICE CPD shall be provided access to Cal-ID/RAN for mak tenprint and latent fingerprint inquiries at eithe A. SDSD's LIT site, or B. An EVOT site. 11. COST A. CITY shall reimburse COUNTY for its proportio share of the ongoing operational costs associ with Cal-ID/RAN, based upon the following formula, which shall be adjusted annually usi the previous year's SANDAG data. ,.r. .... -3- 0 0 CITY'S PERCENTAGE PERCENTAGE .r-T CAL-ID COUNTY ALLOCATIOI PERCENTAG' POPULATION INDEX Fl + ~~ = SUBTOTAL i 2 = 71 OPERATIONAL - 71 ASSESSMENTS = lis: Fi x Fi = ri CAL-ID COSTS OR COUNTY OPERATIONA GENERAL FUND COSTS OPERATIONAL ALLOCATION COSTS COSTS PERCENTAGE B. CITY'S percentage of total County population shall be based on SANDAG'S most recent tlPopul tion and Housing Es.timates,II which are revise annually. C. CITY'S percentage of F.B.I. crime index shall based on SANDAG's most recent issue of "Crime the San Diego Region,I1 which is published annually. D. CITY'S Cal-ID cost allocation percentage shal be the average of the CITY'S percentages of total County population and F.B.I. crime inde ,*. I -4- 0 0 E. Ongoing Cal-ID operational costs shall includl I those costs needed to maintain the central computer and supporting equipment; costs for telecommunications operations for the Cal-ID/ equipment; air conditioning maintenance; tape storage; office supplies; cost for replacing equipment amortized over ten years; funding f system enhancements authorized by the RAN BOA utilities; support personnel; and related cos necessary for the operation of Cal-ID/RAN. F. A minimum allocation of $716,000 per year fro either fines and penalty assessments collecte by the courts or County General Funds shall b subtracted from the annual Cal-ID operational costs described in Section 1I.E. above. The remaining annual net operational costs shall shared by all the Cal-ID user agencies. G. CITY'S estimated Cal-ID costs are calculated Attachment A, which is hereby made a part of this Agreement. H. The Sheriff of the County of San Diego may, o behalf of COUNTY, annually revise CITY'S Estimated Cal-ID Costs (Attachment A), based upon the most recent SANDAG population and F. -5- crime index statistics in accordance with Sec tions II.B., 1I.C. and II.D., and current operational costs specified in Section 1I.E. above. Such estimate, when approved by CITY the County Sheriff, acting on behalf of the COUNTY, shall be made a part of this agreemen Attachment A. I. CITY shall be billed quarterly based on its proportional share of the estimated ongoing n operational costs and agrees to pay COUNTY fa the aforementioned costs within thirty days f the date of the invoice for such costs. J. The first billing of each fiscal year shall k adjusted to reflect the actual ongoing net operational costs for the previous year. K. COUNTY shall maintain a separate accountabili for purposes of funding Cal-ID/RAN and shall provide a financial report at the end of each fiscal year. 111. SYSTEM OPERATING POLICIES AND PROCEDURES A. CPD has been designated the recipient of EVOT equipment by the RAN Board. ,.ti’ - -6- 0 e B. While CPD remains the recipient of an EVOT, tenprint and latent fingerprint inquiries sha primarily be made from that EVOT site, with SDSD's LIT site being accessed only if the E\ equipment is not operational. C. While CPD remains the recipient of an EVOT, i shall make the equipment available for use bj trained operators from other police departmer D. While CPD remains the recipient of an EVOT, j shall submit to SDSD, by the tenth of each mc statistical reports showing the number of inquiries and number of identifications made through the EVOT during the previous month. E. Any EVOT equipment placed at CPD shall remair the property of COUNTY and is subject to remc and/or relocation at any time, as conditions warrant, at the direction of the RAN Board. F. Should CPD's status as an EVOT recipient char access to Cal-ID/RAN for making tenprint and latent fingerprint inquiries shall be provide either through the SDSD's LIT site or the nearest EVOT site. -7- ,..* A 0 0 K. Any dispute between users over operational policies established by the RAN BOARD shall b resolved by that BOARD. L. COUNTY agrees to ensure the proper and effect operation and maintenance of equipment used t participate in Cal-ID/RAN. M. COUNTY agrees to continue submitting fingerpr cards for all specified arrests to the Depart ment of Justice as required by law. N. This Agreement incorporates by reference: California Penal Code Section 11112.1 et. sec and any related legislation enacted thereto; State Department of Justice Cal-ID/RAN Master Plan and any changes thereto; State Departmer of Justice Cal-ID/RAN Policy Manual and any changes thereto; and the San Diego County LOC RAN Board Operating Policies. IV. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended or otherwise changed as provided in Section II.H., or an amendment in writing executed by the CITY and COUNTY. ,C, L -9- a G. The primary purpose of Cal-ID/RAN shall be to Serve all law enforcement agencies in the COUNTY. H. Additional law enforcement agencies may be added and users may be removed from Cal-ID/RA as conditions warrant. I. Participating CITIES and COUNTY agree to abid by all State and Federal statutes, as well as all policies adopted by COUNTY and State or Local RAN BOARD concerning the security, priv( 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 crimina fingerprint identification purposes. 2. Cal-ID shall not be used for employment, licensing, or certification purposes. J. 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. -8- 0 0 K. Any dispute between users over operational policies established by the RAN BOARD shall k resolved by that BOARD. L. COUNTY agrees to ensure the proper and effect operation and maintenance of equipment used t participate in Cal-ID/RAN. M. COUNTY agrees to continue submitting fingerpr cards for all specified arrests to the Depart ment of Justice as required by law. N. This Agreement incorporates by reference: California Penal Code Section 11112.1 et. sea and any related legislation enacted thereto; State Department of Justice Cal-ID/RAN Master Plan and any changes thereto; State Departmer of Justice Cal-ID/RAN Policy Manual and any changes thereto; and the San Diego County LOC RAN Board Operating Policies. IV. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended or otherwise changed as provided in Section II.H., or an amendment in writing executed by the CITY and COUNTY - ,- - -9- w e 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 writtei notice of intention to terminate. VI. TERM OF AGREEMENT This Agreement shall take effect July 1, 1995 and unless sooner terminated as provided for herein, shall terminate on June 30, 2000. VII, INDEMNIFICATION A. COUNTY shall defend, indemnify and hold harmlc CITY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in cor nection 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 COUNq its officers, agents or employees in performar of this agreement. ,Y. .* -10- e 0 B. CITY shall defend, indemnify and hold harmless COUNTY, its officers, agents, or employees fro and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages any nature whatsoever, including but not limit 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. 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 APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY BY I BY -€kp.u$y LQ& City Attorney Deputy County Counsel -11- ,lh -- I w Q ATTACHMENT A CITY OF CARLSBAD ESTIMATED CAL-ID COSTS FISCAL YEAR 1995/96 (MAY BE ADJUSTED ANNUALLY) CITY ' S CITY ' S PERCENTAGE PERCENTAGE CITY ' S OF TOTAL OF TOTAL CAL-ID CC COUNTY F.B.I. CRIME ALLOCATIC POPULATION + INDEX = SUBTOTAL t 2 = . 2 o 44% 2.56% + 2.31% = 4.87% L 2= ESTIMATED ESTIMATED FY 1995/96 ESTIMATEI: FY 19 95 / 9 6 PENALTY FY 1995/9 CAL-ID ASSESSMENTS CAL-ID NE OPERATIONAL OR COUNTY OPERATION COSTS - GENERAL FUNDS - COSTS - $1,345,828 - $716 f 000 - - $629,828 CITY ' S ESTIMATED E ST I MAT ED CAL-ID NET CAL-ID COST FY 19 9 5/ 9 OPERATIONAL CITY'S ALLOCATION CAL-ID COSTS - COSTS X PERCENTAGE - $629 , 828 X 2.44% - - $15,368 ,*' d