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HomeMy WebLinkAbout2000-06-06; City Council; 15760; Cal-ID User Agreement- - , ii CITY OF CARLSBAD - AGENDA BILL -I’ I I AB# is! 760 TITLE: DEPT. HD. ’ CAL-ID USER AGREEMENT MTG. CITY ATTY. - DEPT. POL CITY MGR. Isi2 RECOMMENDED ACTION: Approve Resolution No. doOO-I 7 5 approving the Cal-ID Users Agreement between the City of Carlsbad and the County of San Diego, and authorizing the City Manager to sign the agreement. ITEM EXPLANATION: The Carlsbad Police Department has been a participant in the Cal-ID system in San Diego since City Council approval in 1988. Cal-ID is an automated statewide database containing fingerprint data on thousands of arrestees and crime suspects. The system allows law enforcement to perform automated comparison searches of unidentified suspect prints against the database of known prints. The Department has had several successes in identifying previously unknown suspects resulting in convictions for offenses that would have gone unsolved but for the technology. Continued participation requires renewal of the current agreement that expires 1 July 2000. I FISCAL IMPACT: The formula for cost allocation remains the same as the previous agreements and will amount to approximately $16,000 per year for the five-year term. Funds have been budgeted to cover the costs. I EXHIBITS: 1. Resolution No. doa - 175 2. Letter from San Diego County Sheriff 3. Three copies of Cal-ID Users Agreement - - I RESOLUTION NO. 2ooc-175 6 7 8 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, as follows: 1. That the CAL-ID User’s Agreement, attached hereto as Exhibit #I, 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 City Manager of Carlsbad is hereby authorized and directed to execute 9 said agreement for and on behalf of the City of Carlsbad, California. 10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 11 12 13 14 15 held on the 6 th day Of June , 2000 by the following vote, to with: AYES Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: None 16 17 18 19 20 21 22 23 (SEAL) 24 25 APPROVED AS TO FORM AND LEGALITY LORRAINE M. WOOD, City Clerk RONALD R. BALL, City Attorney I c- 6.w. San Diego County Sheriff’s Department Post Office Box 429000 l San Diego, California 92142-9000 William B. Kolender, Sheritlf May 3,200O John M. Drown, Undersheriff Robert Vales, Chief Carlsbad Police Department 2460 Orion Way Carlsbad, CA 92008 Dear Chief Vales: Three 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 will be signed by the Clerk of the Board after they have been approved by your City Council. Please return all three signed copies of the agreement no later than Friday, June 5,200O to: San Diego SherifTs Department P.O. Box 429000 San Diego, CA. 92 142-9000 Attention: Lt. Michele Braatz, Cal-ID Upon execution by the Clerk of the Board, a copy of the agreement will be returned to you. If you have any questions regarding the agreement, please contact me. Sincerely, WILLIAM B. KOLENDER, SHERIFF Michele A. Braatz, Lieutenant Cal-ID Administrator June 16,200O Attn: Lt. Michele Braatz, Cal-ID San Diego Sheriffs Dept PO Box 429000 San Diego CA 92142-9000 Re: Agreement ‘Cal-ID” User Agreement The City of Carlsbad approved the agreement for continued participation in the Cal -ID system at the Council meeting of June 6,200O. Per your instructions in a letter dated May 3,2000, please find enclosed all three executed copies of the agreement. Upon execution by the Clerk of the Board, please return one fully executed copy of the agreement to each of the following: Robert Vales, Chief Carlsbad Police Department 2460 Orion Way Carlsbad CA 92008 Debra Doerfler Carlsbad City Clerk 1200 Carlsbad Village Dr. Carlsbad CA 92008 If you have any questions regarding the agreement, please contact me. Sincerely, Debra Doer&r Carlsbad City Clerk’s Office 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 * (760) 434-2808 a9 San Diego County Sheriff’s Department Post Office Box 429000 l San Diego, California 92142-9000 William 6. Kolender, Sheriff John M. Drown, Undersheriff September 19,200O Debra Doerfler Carlsbad City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Dear Ms. Doerfler, Enclosed for your records is an original copy of the fully executed Agreement between the County of San Diego and the City of Carlsbad for participation in the San Diego County’s California Identification System Remote Access Network. If you have any questions, please contact me at (858)-974-2237. Sincerely, WM. B. KOLENDER, SHERIFF Michele A. Braatz, Lieutenant Cal-ID Administrator Enclosure “Keeping the Peace Since 1850” 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 *dayof gw& ,2000,isby 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 WHEREAS, the State Department of Justice maintains an automated, system for retaining the identifying fingerprints, said system being known as the Califo’mia Identification 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 and procedures allowing local law enforcement agencies direct access to Cal-ID; and WHEREAS, the San Diego County Sheriffs 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 San Diego County Local Cal-ID/RAN Board, established pursuant to Section 11112.4 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 WHEREAS, CITY desires to participate in Cal-ID/RAN; and NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal- ID/RAN services for CITY through the SDSD’s LIT site pursuant to the following terms and conditions. I. SCOPE OF SERVICE SDSD shall provide Cal-ID/RAN services for CITY, including all tenprint and latent fingerprint inquiries. II. COST A. CITY shall reimburse COUNTY for its proportional share of the ongoing operational costs associated with Cal-ID/RAN, based upon the following formula, which shall be adjusted annually using the previous year’s SANDAG data. The CITY’S percentage of total county population plus the CITY’S percentage of FBI Crime Index divided by 2 equals the CITY’S Cal-ID Cost Allocation Percentage Cal-ID’s annual operations costs minus fines and penalty assessments or County General Fund equals the annual Cal-ID Net Operational Costs The annual Cal-ID Net Operational Costs times the CITY’S Cal-ID Cost Allocation Percentage equals the CITY’S Annual Cal-ID costs B. CITY’S percentage of total County population shall be based on SANDAG’S most recent “Population and Housing Estimates,” which are revised annually. C. CITY’S percentage of FBI Crime Index shall be based on SANDAG’S most recent issue of “Crime in San Diego Region,” which is published annually. D. CITY’S Cal-ID Cost Allocation Percentage shall be the average of the CITY’S percentages of total county population and FBI Crime Index. E. Ongoing Cal-ID operational costs shall include those costs needed to maintain the central computer and supporting equipment; costs for telecommunications operations for the CM-ID/RAN equipment; air conditioning maintenance; tape storage; office supplies; cost for replacing the equipment amortized over ten years; funding for system enhancements author&d by the RAN BOARD; utilities; support personnel; and related costs necessary for the operation of Cal-ID/RAN. F. A minimum allocation of $7 16,000 per year from either fines and penalty assessments collected by the courts or County General Funds shall be subtracted from the annual Cal-ID operational costs described in Section 1I.D. above. The remaining annual net operational costs shall be shared by all the Cal-ID user agencies. G. CITY’S estimated Cal-ID costs are calculated on Attachment A, which is hereby made a part of this agreement. H. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually revise CITY’S estimated Cal-ID costs (Attachment A), based upon the most recent SANDAG population and FBI Crime Index statistics in accordance with Sections 1I.B. II.C., and II.D., and current operational costs specified in Section 1I.E. above. 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. I. CITY shall be billed semi-annually based on its proportional share of the estimated ongoing net operational costs and agrees to pay COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. J. The first billing of each fiscal year shall be adjusted to reflect the actual ongoing net operational costs for the previous year. K. COUNTY shall maintain a separate accountability for purposes of funding Cal-ID/RAN and shall provide a financial report at the end of each fiscal year. III. SYSTEM OPERATING POLICIES AND PROCEDURES A. The primary purpose of Cal-ID/RAN shall be to serve all law enforcement agencies in the COUNTY. 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 and State or Local RAN BOARD concerning the security, privacy and dissemination of any and all fingerprint identification data contained in Cal-ID/UN. 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. IV. V. VI. VII. D. E. F. G. H. Operational policy shall be established and modified as deemed appropriate by the BAN 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. Any dispute between users over operational policies established by the RAN BOARD shall be resolved by that BOARD. COUNTY agrees to ensure the proper and effective operation and maintenance of equipment used to participate in Cal-ID/RAN. COUNTY agrees to continue submitting fingerprint cards for all specified arrests to the Department of Justice as required by law. This Agreement incorporates by reference: California Penal Code Section 11112.1 et seq. and any related legislation enacted thereto; State Department of Justice Cal-IDiIWN Master Plan and any changes thereto; State Department of Justice Cal-ID/RAN Policy Manual and any changes thereto; and the San Diego County Local RAN Board Operating Policies. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended, or otherwise changed as provided in Section II.F., or by an amendment in writing executed by the CITY and COUNTY. 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. TERM OF AGREEMENT This Agreement shall take effect July 1,200O and unless sooner terminated as provided for herein, shall terminate on June 30,2005. INDEMNIFICATION A. COUNTY shall defend, indemnify and hold harmless CITY, its offkers, 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 if 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 4 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, incmding costs and legal fees incurred in connection with claims or demands for damages if 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. 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 Clerk, Board of Supervisors APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY By /i?&-/‘&Q-N Deputy County Counsel Approved and/or authonzed by the Board CITY OF CARLSBAD , ATTACHMENT A ‘ CAL-ID COST ALLOCATION CALKULATION - POPULATION AND CRIME 3/3/00 %OF F.B.I. % OF COUNTY INDEX COUNTY POPULATION CRIME CRIME AVERAGE Cll-WJURlSDlCTlON POPULATION’ (A) TOTAL** (W (4 & (B) -_I__ -- --- Cartsbad Chula Vista Coronado El Cajon Escondido La Mesa National City Oceanside San Diego SHERIFFS JURISDICTION: Del Mar Encinitas Imperial Beach Lemon Grove PO-Y San Marcos Santee Solana Beach Vista Unincorporated County Subtotal Sheriff COUNTY TOTAL 77,550 2.72% 186,945 5.85% 28,715 1.01% 95,546 3.35% 125,597 4.40% 58,855 2.08% 54,981 1.93% 157,869 5.53% 1,254,281 43.96% 5,328 0.19% 232 0.24% 0.21% 80,428 2.12% 1,390 1.45% 1.78% 28,882 1.01% 862 0.90% 0.95x 25,683 0.90% 858 0.89% 0.90% 48,393 1.70% 922 0.96% 1.33% 52,074 1.83% 1,589 1.85% 1.74% 57,389 2.01% 1,344 1.40% 1.71% 14,152 0.50% 298 0.31% 0.40% 84,361 2.96% 2,742 2.85% 2.91% 456,451 16.00% 7,503 7.61% 11.90% 2,187 7,009 3,854 4,802 2,073 3,008 5,229 49,585 2.28% 2.50% 7.30°h 6.57% 0.59% 0.80% 4.01% 3.68% 5.00% 4.70% 2.16% 2.11% 3.13% 2.53% 5.44% 5.49% 51.62% 47.79% __--- -- ---- ___- -1_ 833,139 29.20% 17,740 18.47% 23.83% 2,853,258 100.00% 96,053 100.00% 100.00% *Population estimates from Sandag’s “City/County Population and Housing Estimates, January 1,199$ 1999’ “FBI Index Crime from Sandag’s “Crime in the San Diego Region, 1999” For purposes of this table crimes include criminal homicide, rape, robbery, agg. assault, burglary, larceny and auto theft. Arson is not included. CAL-ID COST PROJECTION BY AGENCY 2000/01 ALLOCATION CITY/JURISDICTION PERCENTAGE* Police Departments: Carisbad Chula Vista Coronado El Cajon Escondido LSMW National City Oceanside San Diio* - 2.50% 6.57% 0.80% 3.68% 4.70% 2.11% 2.53% 5.49% 47.79% Sheriffs Jurisdiction: DelMar Encinitas Imperial Beach Lemon Grove poway San Marcos Santee Solana Beach Vista Unincorporated County 0.21% $1,349 1.78% $11,437 0.95% $6,104 0.90% $5,783 1.33% $8,546 1.74% $11,180 1.71% $10,987 0.40% $2,570 2.91% $18,698 11.90% $76,461 SUBTOTAL SHERIFF’S JURISDICTIONS 100.00% TOTAL USER FEES 100.00% PROJECTED CAL-ID USER FEES - FY 2000/01 GENERAL FUND ALLOCATION - FY 2000/01 PROJECTED TOTAL SHARED COSTS - FY 2000/01 * Allocation percentage subject to change based on updated population and F.B.I. crime index figures. 3l3lOO ESTIMATED FY 2000/01 COST $18,063 842,214 $5,140 $23,645 $30,199 $13,558 $16,256 $35,275 $307,965 $153,115 8642,530 $642,530 $716,000 $1,358,539 ‘The cost of two SDPD CAL-ID Technicians (approx. $89,193) and AFIS INTERNET conference (approx. $3,227) will be subtracted from the S.D.P.D. billing.