HomeMy WebLinkAbout2015-01-27; City Council; 21834; Agreement Identification System Remote Access NetworkCITY OF CARLSBAD - AGENDA BILL 8
AB#
MTG.
DEPT.
21,834
01/27/15
POLICE
AUTHORIZING EXECUTION OF THE
AGREEMENT FOR PARTICIPATION IN SAN
DIEGO COUNTY'S CALIFORNIA
IDENTIFICATION SYSTEM REMOTE ACCESS
NETWORK
DEPT. DIRECTOR
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2015-017 authorizing the City Manager to execute the Agreement for Participation
in San Diego County's California Identification System Remote Access Network, a statewide network of
equipment and procedures allowing local law enforcement agencies direct access to the California
Identification System and Cal-Photo (CAL-ID), the automated system for retaining and identifying
fingerprints, palm prints, and photos.
ITEM EXPLANATION:
The State of California Department of Justice maintains an automated system for retaining and identifying
fingerprints, palm prints, and photos, known as CAL-ID. California Penal Code, Section 11112.1, provides
for the establishment of a Remote Access Network (RAN) which allows local law enforcement agencies
direct access to CAL-ID. The San Diego Sheriff's Department is the proprietary agency for San Diego
County's access to CAL-ID/RAN. The City of Carlsbad Police Department desires to participate in CAL-
ID/RAN.
The indemnity section of the agreement states the County of San Diego (County) is not liable for any
claims arising out ofthe city's (and other law enforcement agencies) participation in this agreement.
Further, the city and other participating law enforcement agencies, subject to the agreement, are
required to indemnify the County and its contractors for all claims, either directly or indirectly, arising out
of or related to the performance of agreement. This indemnity provision is very one-sided to the sole
benefit of the County of San Diego. City staff tried to negotiate a mutual indemnity provision with the
County, but the County refused to modify its indemnity language. Notwithstanding, the CAL-ID/RAN
system is important to the city and its Police Department. Staff believes the risks for claims and
indemnification are low and that the benefit outweighs the risk associated with the County's broad
indemnification provision. If a demand for indemnity arises, the city will assert it is only liable for
damages caused by city's act or omission in its use ofthe system.
FISCAL IMPACT:
The cost of CAL-ID/RAN ($716,000) is shared among all San Diego County law enforcement agencies. The
cost is allocated by percentage ofthe county population and percentage ofthe county total number of
index crimes. Carlsbad has 3.47% ofthe county's population and 2.91% ofthe county's index crime. The
mean of those two percentages, 3.19%, is Carlsbad's share ofthe total cost: $22,870. The city's share
will be paid from the Fiscal Year 2014-15 General Fund budget and no additional appropriation is needed.
DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett(S)carlsbadca.gov
FOR CLERK USE. X
•
COUNCIL ACTION: APPROVED X
•
CONTINUED TO DATE SPECIFIC •
DENIED
X
• CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED • 1
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 2015-017 authorizing the City Manager to execute the Agreement for Participation
in San Diego County's California Identification System Remote Access Network.
2. Agreement for Participation in San Diego County's California Identification System Remote Access
Network.
1 RESOLUTION NO. 2015-017
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF THE AGREEMENT FOR
PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA
4 IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK.
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WHEREAS, the State of California Department of Justice maintains an automated system
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y for retaining and identifying fingerprints, palm prints, and photos, known as the California
8 Identification System and Cal-Photo (CAL-ID); and
^ WHEREAS, the California Penal Code, Section 11112.1 provides for the establishment of
a Remote Access Network (RAN) which allows local law enforcement agencies direct access to
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CAL-ID; and
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WHEREAS, the San Diego Sheriff's Department is the proprietary agency for San Diego
14 County's access to CAL-ID/RAN; and
15 WHEREAS, the City of Carlsbad Police Department desires to participate in CAL-ID/RAN.
1^ NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California,
as follows that:
1. The above recitations are true and correct.
2. That the City Manager is authorized to execute the Agreement for Participation in San
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21 Diego County's California Identification System Remote Access Network, a statewide
22 network of equipment and procedures allowing local law enforcement agencies direct
access to the California Identification System and Cal-Photo (CAL-ID), the automated
system for retaining and identifying fingerprints, palm prints, and photos..
3. The City of Carlsbad Police Department has included the cost of participation.
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2y $22,870, in the Fiscal Year 2014-15 General Fund budget.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 27th day of January 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
None.
£2^
MATT HALL, Mayor
ATTEST:
.vBARBARA ENGLESO
AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S
CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK
THIS AGREEMENT ("Agreement") is made and entered into this first day of July, 2014,
by and between the County of San Diego, a political subdivision of the State of
Califomia, hereinafter referred to as the "COUNTY," and the City of Carlsbad, a
municipal corporation, hereinafter referred to as the "CITY."
RECITALS
A. The state of Califomia Department of Justice maintains an automated system for
retaining and identifying fingerprints, palm prints, and photos, said system being
known as the Califomia Identification System and Cal-Photo, and hereinafter referred
to as "CAL-ID."
B. The Califomia 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.
C. The San Diego County Sheriffs Department, hereinafter referred to as "SHERIFF,"
is the COUNTY'S proprietary agency for San Diego County's Califomia
Identification System/Remote Access Network, hereinafter referred to as "CAL-
ID/RAN."
D. The COUNTY'S CAL-ID/RAN is govemed by the COUNTY'S Local CAL-ID/RAN
BOARD, established pursuant to Section 11112.4 of the Califomia Penal Code, and
hereinafter referred to as the "RAN BOARD."
E. CAL-ID/RAN provides tenprint, latent fingerprint, latent palm print, and photo
identifications through the use of Local Input Terminals, hereinafter referred to as
"LIT's."
F. The CITY desires to participate in CAL-ID/RAN.
NOW, THEREFORE, the parties hereto agree that the COUNTY shall provide
CAL-ID/RAN services for the CITY through the SHERIFF'S LIT site, subject to the
following terms and conditions.
1. SCOPE OF SERVICE
SHERIFF shall provide CAL-ID/RAN services for the CITY, including all tenprint,
fingerprint, pahn print, and photo inquiries.
2. CALCULATION AND PAYMENT OF CAL-ID OPERATIONAL COSTS
2.1. Ongoing CAL-ID Operational Costs shall include those costs needed to
maintain the CAL-ID Program. This includes but is not limited to:
2.1.1. Support personnel costs.
2.1.2. Equipment costs.
2.1.3. Equipment maintenance.
2.1.4. Vehicle costs.
2.1.5. Information technology telecommunication maintenance.
2.1.6. Services and supplies.
2.1.7. Overhead.
2.1.8. The cost for replacing the equipment amortized over ten years.
2.1.9. Funding for system enhancements authorized by the RAN BOARD.
2.1.10. Other costs necessary for the operation for CAL-ID as authorized by the
RAN BOARD.
2.2. The COUNTY will adjust the CAL-ID Operational Costs annually.
2.3. The COUNTY may make a General Fund Contribution to offset CAL-ID
Operational Costs.
2.4. The RAN BOARD may authorize the transfer of funds from the Sheriffs
Fingerprint ID Tmst Fund to offset Tmst Fund-qualified CAL-ID Operational
Costs.
2.5. Annual CAL-ID Operational Cost minus any Sheriffs Fingerprint ID Trust
Fund contributions equals the annual net CAL-ID Operational Costs.
3. CITY COST
The CITY shall reimburse the COUNTY for its proportional share of the annual net
CAL-ID Operational Costs associated with CAL-ID/RAN, based upon the following
formula:
3.1. The CITY'S CAL-ID Cost Allocation Percentage is the mean of the CITY'S
percentage of total county population and the CITY'S percentage of Number of
FBI Crimes.
3.1.1. The CITY'S percentage of total County population shall be based on the
San Diego Association of Govemments (SANDAG) most recent issue of
"Population by Jurisdiction," contained in SANDAG "Thirty Years of
Crime in the San Diego Region" report, which is published annually.
3.1.2. The CITY'S percentage of Number of FBI Crimes shall be based on
SANDAG's most recent issue of "Number of FBI Index Crimes by
Jurisdiction," contained in "Thirty Years of Crime in the San Diego
Region" report, which is published annually.
3.2. This percentage shall be adjusted annually using the most recent SANDAG data.
The data for the first year of this Agreement has been set forth as Attachment A
hereto.
3.3. The CITY agrees to the use of SANDAG "Thirty Years of Crime in the San
Diego Region" report's "Population by Jurisdiction" and "Number of FBI Index
Crimes by Jurisdiction" numbers as mentioned above in sections 3.1.1 and 3.1.2.
3.4. The CITY'S annual CAL-ID costs equals the annual net CAL-ID Operational
Costs times the CITY'S CAL-ID Cost Allocation Percentage.
3.5. The CITY'S estimated CAL-ID costs for the first year of this Agreement are
calculated on Attachment B, which is hereby made a part of this Agreement.
3.6. The Sheriff of the County of San Diego may, on behalf of the COUNTY,
annually revise the CITY'S estimated CAL-ID costs (Attachment B), based on
the most recent SANDAG population and FBI Crime Statistics in accordance
with Section 3.1 and current CAL-ID Operational Costs specified in 2.1 above.
Such estimate, when approved by the CITY and the Sheriff, acting on behalf of
the COUNTY, shall be made a part of this Agreement as Attachment B.
3.7. The CITY shall be billed semi-annually based on its proportional share of the
estimated ongoing net CAL-ID Operational Costs and shall pay the COUNTY
for the aforementioned costs within thirty days from the date of the invoice for
such costs.
3.8. Actual ongoing costs shall be calculated at the end of each fiscal year. Any
overages or shortages based on actual costs will be transferred to or from the
Sheriffs Fingerprint ID Trust Fund.
3.9. The COUNTY shall maintain a separate accountability for purposes ofthe
Sheriffs Fingerprint ID Tmst Fund and shall provide a financial report at the
end of each fiscal year to the State of Califomia.
4. SYSTEM OPERATING POLICIES AND PROCEDURES
4.1. The primary purpose of CAL-ID/RAN shall be to serve all law enforcement
agencies in San Diego County.
4.2. The RAN BOARD may add or remove law enforcement agencies from CAL-
ID/RAN.
4.3. Participating CITIES, and the COUNTY, shall abide by all State and Federal
statutes, as well as all policies adopted by the COUNTY, the State of Califomia,
or the Local RAN Board conceming the security, privacy, and dissemination of
any and all tenprint, fingerprint, palm print, and photo identification data
contained in CAL-ID/RAN.
4.4. The COUNTY, in its discretion, may enter into one or more agreements
("Vendor Contracts") with third-party providers of hardware and software to
obtain CAL-ID services for the COUNTY, and to provide such services to the
CITY pursuant to this Agreement. The COUNTY shall provide to the CITY,
and the CITY hereby acknowledges receipt of, any such Vendor Contracts
pertaining to the services that the COUNTY provides to the CITY under this
Agreement. The CITY shall observe and abide by all of the contractual duties of
the COUNTY under any such relevant Vendor Contract. However,
notwithstanding such undertaking, the CITY shall have no rights to enforce such
a Vendor Contract against the COUNTY or any third-party provider, nor may
the CITY seek damages against any such third-party provider under any theory
of contract, including, without limitation, third-party beneficiary principles.
4.5. Operational policy shall be established and modified as deemed appropriate by
the Local 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.
4.6. The RAN BOARD shall resolve any dispute between users over operational
policies established by the RAN BOARD.
4.7. The COUNTY shall ensure the proper and effective operation and maintenance
of equipment used to participate in CAL-ID/RAN.
4.8. The COUNTY shall continue forwarding electronic prints submitted via live
scans for arrests to the Department of Justice as required by law.
4.9. This Agreement incorporates by reference: Califomia 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; and the San
Diego County Local RAN BOARD Operating Policies.
5. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended, or otherwise changed by an
amendment in writing executed by the CITY and the COUNTY.
6. TERMINATION
Notwithstanding any otiier 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.
Attachment A
Cai-ID Cost Ailocation
Based on Population and Crime
Fiscal Year 2014-2015
7o Ot
% of County FBI Number County
City Population Population of Crimes Crime Mean of %'s
Carlsbad 108,246 3.47% 2,306 2.91% 3.19%
Chula Vista 251,613 8.07% 5,879 7.43% 7.75%
Coronado 23,176 0.74% 566 0.72% 0.73%
Del Mar 4,199 0.13%
1
195 0.25% 0.19%
El Cajon 100,460 3.22% 3,120 3.94% 3.58%
Encinitas 60,482 1.94% 1,208 1.53% 1.73%
Escondido 145,901 4.68% 4,561 5.76% 5.22%
Imperial Beach 26,496 0.85% 587 0.74% 0.80%
La Mesa 58,244 1.87% 2,149 2.72% 2.29%
Lemon Grove 25,554 0.82% 654 0.83% 0.82%
National City 58,838 1.89% 2,209 2.79% 2.34%
Oceanside 169,350 5.43% 5,128 6.48% 5.96%
Poway 48,559 1.56% 665 0.84% 1.20%
San Diego 1,326,238 42.56% 37,031 46.81% 44.68%
San Marcos 87,031 2.79% 1,614 2.04% 2.42%
Santee 55,033 1.77% 1,321 1.67% 1.72%
Solana Beach 12,987 0.42% 321 0.41% 0.41%
Vista 95,262 3.06% 2,490 3.15% 3.10%
Unincorporated 458,495 14.71% 7,112 8.99% 11.85%
3,116,164 100.00% 79,116 100.00% 100.00%
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Thirty Years of Crime in the San Diego Region, 1984-2013" Published in April 2014
Attachment B
Cal-ID Contract Projections by Agency - FY 2014-2015
Revenue
County General Gund Contribution $716,000
Transfer from Trust Fund $3,115,240
User Fees $716,000
Total Funding $4,547,240
Overhead
Allocated Overhead On County Salaries and Benefits $281,105
Expenses
County Salaries and Benefits $2,060,080
Services and Supplies $2,159,989
Fixed Assets Expense $233,445
Total Expenses $4,453,514
User Fee Allocation
Allocation Estimated FY
City/Jurisdiction Percentage 2014/15 Cost
Carlsbad 3.19% $22,870
Chula Vista 7.75% $55,509
Coronado 0.73% $5,224
Del Mar 0.19% $1,365
El Cajon 3.58% $25,659
Encinitas 1.73% $12,415
Escondido 5.22% $37,400
Imperial Beach 0.80% $5,700
La Mesa 2.29% $16,416
Lemon Grove 0.82% $5,895
National City 2.34% $16,755
Oceanside 5.96% $42,660
Poway 1.20% $8,588
San Diego 44.68% $319,930
San Marcos 2.42% $17,302
Santee 1.72% $12,300
Solana Beach 0.41% $2,945
Vista 3.10% $22,211
Unincorporated 11.85% $84,856
Total User Fees 100.00% $716,000.00