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Home My WebLink About1995-09-12; City Council; Resolution 95-251I1 0 0 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 RESOLUTION NO. 95-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNLA, APPROVING THE AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUN'IY'S CALIFORNLA IDENTIFICATION SYSTEM =MOTE 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 hereby 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 City of Carlsbad, California, on the 12th day of SEPTEMBER , 1995, by the following vote to wit: // // /I // // // ~ // // /I I 'I // /I li 0 0 1 WHEREAS, PASSED, APPROVED AND ADOPTED at a regular 2 4 1995, by the following vote, to wit: 3 meeting of the Carlsbad City Council held on the 12th day of SEW. AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall 5 11 NOES: None 6 7 8 9 ABSENT: None lo 11 ATTEST: l2 lLmL d. /?a 13 ALETHA L. RAUTENKRANZ, City blerk 14 15 (Seal) 16 17 l8 il 19 I 20 21 22 23 24 25 26 27 28 ,.e 0 .' AGREEMENT BETWEEN THE~OUNTY 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 I1COUNTYt1, and the City of Carlsbad, a municip; corporation, hereinafter referred to as I1CITYlt. WITNESSETH WHEREAS, the State Department of Justice maintains an automated system for retaining and identifying fingerprints, said system being known as the 'California Identification Syst and hereinafter referred to as ltCal-IDtl; and WHEREAS,. the Penal Code, Section 11112.1 et seq. provide for the establishment of a Remote Access Network (I1RANI1 consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to Cal-: and >I MY'S' .. 0. WHEREAS, '.the Sari Diego County 'Sheriff's Department, hereinafter referred to as .~~sDsD", is the CO~TYI~ propkiet; agency for Sari Diego County's California Identification sysj Remote Access Network, hereinafter referred to as tlCal-~D/= and WHEREAS, San Diego County's Cal-ID/RAN is governed by 1 San Diego County Local Cal-ID/RAN Board, established pursuar Section 11112.4 'of the California Penal Code, and hereinaftc 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 ttLIT'stt and Enhanced Verification Only Terminals, hereinafter referred to as tlEVOTt SI' ; 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-I1 RAN for making tenprint and latent print inquiries; and -2- ,.e&)-.' . .e @. WHEREAS, EVOT equipment has been placed at CPD for use trained Cal-ID operators fr.om 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 terr and conditions. I. SCOPE OF SERVICE CPD shall be provided access to Cal-ID/RAN for mah 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. .e* -3- ,. e' .. - 'I 1 (8.. 1 +, !~~~~~~ . 1 = SUBTOTAL + 2 . = 1 COST CITY ' S PERCENTAGE PERCENTAGE CAL-ID ALLOCATI( POPULATION INDEX , PERCENTAC ANNUAL CAL-ID OPERATIONAL u COSTS - FINES AND PENALTY ASSESSMENTS OR COUNTY GENERAL FUND - - I NET ANNUAL CAL-ID OPERATION? COSTS 71 ANNUAL CAL-ID OPERATIONAL COSTS B. X F ALLOCATION CAL-ID CITY ' S PERCENTAGE I - - 0 CITY I S ANNUAL CAL-ID COSTS CITY'S percentage of total County population shall be based on SANDAG'S most recent "POpUl tion and Housing Estimates," 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 Sari Diego Region," 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] .,e -4- ;. 0. .. E. . Ongoing Cal-ID operational costs shall incluc those costs needed to maintain the centra'l 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 bl subtracted from the annual Cal-ID operational costs described iiSection 1I.E. above. The remaining annual' net'operational costs shall I 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, or behalf of COUNTY, annually revise CITY'S Estimated Cal-ID Costs (Attachment A), based upon the most recent SANDAG popuhtion and F.B -5- ;. e. , crime index statistics in accordan'ce with Sec tions 1I.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 agreemer Attachment A. : I. CITY shall be billed quarterly based on its proportional share of the estimated ongoing r operational costs and agrees to pay COUNTY fc 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. fW?* -6- ,-0 e. B. . While CPD remains the recipient of an EVOT, tenprint and latent fingerprint inquiries shi primarily be made from that EVOT site, with SDSD's LIT site being accessed only if the E7 , equipment is not operational. C. While CPD remains the recipient of an EVOT, i shall make the equipment available for use bl 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 chan 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- /M+@ ;. 0' K. . Any dispute between users over operational policies established by the RAN BOARD shall 1 resolved by that BOARD. L. , COUNTY agrees to.ensure the proper and effeci operation and maintenance of equipment used 1 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. &*M -9- .e 0. G. . The primary purpose of Cal-ID/RAN. shall be tc serve all law enforcement agencies in the COUNTY. H. , Additional law enforcement agencies may be added and users may be removed from Cal-ID/RI as conditions warrant. I. Participating CITIES and COUNTY agree to abic by all State and Federal statutes, as well a: all policies adopted by COUNTY and State or Local RAN BOARD concerning the' security, pri\ and dissemination of any and all fingerprint identification data'contained in Cal-ID/RAN. 1. Cal-ID shall be used exclusively for law enforcement cr'iminal 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 useGyagency's service population and crime rate. -8- ; 0 e. K. . Any dispute between users over operational policies established by the RAN BOARD shall 1 resolved by that BOARD. L. , COUNTY agrees to ensure the,proper and effecl operation and maintenance of equipment used 1 participate in Cal-ID/RAN. M. COUNTY agrees to continue submitting fingerpl 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. seq and any related legislation enacted thereto; State Department o'f Justice Cal-ID/RAN Master Plan and any changes' thereto; State Departmen of Justice Cal-ID/RAN Policy Manual and any "changes thereto; and the San Dieqo 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. rM9d -9- ;e 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 writte 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 harm11 CITY, its officers, agents, or employees from and agains.t any and all liability expense, 'including costs and legal fees incurred in COI .. 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 COUNl its officers, agents or employees in performar of this agreement. &*W' -10- :e e' B. .CITY shall defend, indemnify and hold harmless COUNTY , its o.fficers, agents, or employees frc 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 limil to bodily injury,; death, personal injury, or property damage, arising from or caused by thr ac'ts 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 ( BY Lc;L& Deputy County Counsel : -Dep.u$y City Attorney -11- M.+?? .e e' ATTACHMENT A CITY OF CARLSBAD ESTIMATED CAL-ID COSTS FISCAL YEAR 1995/96 (MAY BE ADJUSTED ANNUALLY) CITY I S CITY'S .' PERCENTAGE . PERCENTAGE CITY I S OF TOTAL OF TOTAL CAL-ID C COUNTY F.B.I. CRIME ALLOCATI POPULATION + INDEX = .SUBTOTAL t 2 = PERCENTA 2.56% + '2.31% = ' 4.87% 2. 2= 2.44% ESTIMATED ESTIMATED FY 1995/96 ESTIMATE FY 1995/96 PENALTY FY 1995/ CAL-ID ASSESSMENTS CAL-ID N OPERATIONAL OR COUNTY OPERATIO; COSTS - GENERAL FUNDS' - - COSTS .. $1,345,828 - $716,000 ' . - - $629,828 CITY'S ESTIMATED CITY ' S ESTIMATE1 CAL-ID NET CAL-ID COST FY 1995/! OPERATIONAL ALLOCATION CAL-ID COSTS X PERCENTAGE - - COSTS $629,828 .' x 2.44% - - $15,368 ,e$*