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HomeMy WebLinkAboutCounty of San Diego - California Identification System Remote Access Network Participation - 2026 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK PARTICIPATION This Agreement("Agreement")is entered into between the County of San Diego("County")and the City of National City("City"),each referenced herein individually as a"Party"or collectively as the"Parties". WHEREAS,the State of California Department of Justice maintains an automated system for retaining and identifying fingerprints,palm prints,and photos,said system being known as the California Identification System and Cal-Photo("Cal-ID");and WHEREAS,the California 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 Office("SDSO")is the County's proprietary agency for San Diego County's California Identification System/Remote Access Network("Cal-ID/RAN").The primary purpose of Cal-ID/RAN is to serve all law enforcement agencies in San Diego County.;and WHEREAS, the County's Cal-ID/RAN is governed by the County's Local Cal-ID/RAN Board ("RAN Board"),established pursuant to Section 11112.4 of the California Penal Code;and WHEREAS, Cal-ID/RAN provides tenprint, latent fingerprint, latent palm print, and photo identifications through the use of Local Input Terminals("LIT's");and WHEREAS,the City of National City desires to participate in Cal-ID/RAN NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. SDSO Obligations. 1.1. Provide the City of National City with Cal-ID/RAN.services,including all tenprint,fingerprint,palm print, and photo inquiries. 1.2. SDSO shall ensure the proper and effective operation and maintenance of equipment used to participate in Cal-ID/RAN. 1.3. SDSO shall continue forwarding electronic prints submitted via livescans for arrests to the Department of Justice,as required by law. 1.4. SDSO 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. 1.4.1.SDSO 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. 1.5. SDSO shall calculate the ongoing Cal-ID operational costs, which shall include costs needed to maintain the Cal-ID Program.This includes but is not limited to: 1.5.1.Support personnel costs. 1.5.2.Equipment costs. 1.5.3.Equipment maintenance. 1.5.4.Vehicle costs. 1.5.5.Information technology telecommunication maintenance. 1.5.6.Services and supplies. 1.5.7.Overhead. 1.5.8.The cost for replacing the equipment amortized over ten years. 1.5.9.Funding for system enhancements authorized by the RAN Board. CAL-ID SYSTEM REMOTE ACCESS NETWORK PARTICIPATION Page 1 of 5 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK PARTICIPATION 1.5.10. Other costs necessary for the operation for Cal-ID as authorized by the RAN Board. 1.6. SDSO shall adjust the Cal-ID Operational Costs annually. 1.7. SDSO may make a General Fund Contribution to offset Cal-ID Operational Costs. 1.8. Annual Cal-ID Operational Cost minus any Sheriff's Fingerprint ID Trust Fund contributions, and any County General Fund contributions,shall equal the annual net Cal-ID Operational Costs. 1.9. The City's Cal-ID costs shall be calculated based on the most recent San Diego Association of Governments (SANDAG)population and crime statistics in accordance with Section 3.1 and current Cal-ID Operational Costs specified in 1.1 above. 1.10.The SDSO shall maintain separate accounting for the Sheriff's Fingerprint ID Trust Fund and shall provide a financial report at the end of each fiscal year to the State of California. 2. RAN Board Obligations. 2.1. The RAN Board may add or remove law enforcement agencies from Cal-ID/RAN. • 2.2. The RAN Board may authorize the transfer of funds from the Sheriff's Fingerprint ID Trust Fund to offset Trust Fund-qualified Cal-ID Operational Costs. 2.3. 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. 2.4. The RAN Board shall resolve any dispute between users over operational policies established by the RAN Board. 3. City of National City Obligations. 3.1. The City shall reimburse the SDSO for its proportional share of the annual net Cal-ID Operational Costs associated with Cal-ID/RAN,based upon the following formula: 3.1.1.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 total County crimes. 3.1.1.1.The City's percentage of total County population shall be based on the San Diego Association of Governments(SANDAG)"Population by jurisdiction," in the most recent"Crime in the San Diego Region"report,which is published annually. 3.1.1.2.The City's percentage of total County crimes shall be based on the total number of"Group A offenses by jurisdiction"and "Group B offenses by jurisdiction" as reported in the most recent SANDAG"Crime in the San Diego Region"report,which is published annually. 3.1.1.3.This percentage shall be adjusted annually using the most recent SANDAG data. 3.1.2.The City agrees to the use of the SANDAG"Crime in the San Diego Region"report's"Population by jurisdiction" and the total number of"Group A offenses by jurisdiction" and "Group B offenses by jurisdiction"numbers as mentioned above in sections 3.1.1.1 and 3.1.1.2. 3.1.3.The City's annual Cal-ID costs equal the annual net Cal-ID Operational Costs times the City's Cal-ID Cost Allocation Percentage. 3.1.4.As referenced in Section 1.4,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 CAL-ID SYSTEM REMOTE ACCESS NETWORK PARTICIPATION Page 2 of 5 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK PARTICIPATION 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. Scope of Agreement.This Agreement only applies to the program described herein and does not set forth any additional,current,or future obligations or agreements between the Parties,except that the Parties may by written amendment modify the scope of services provided for pursuant to this Agreement.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 Department of Justice Cal- ID/RAN Policy Manual and any changes thereto; and the San Diego County Local RAN Board Operating Policies. 5. Administration of Agreement. 5.1. Each Party identifies the following individual to serve as the authorized administrative representative for that Party. SAN DIEGO COUNTY SHERIFF'S OFFICE CITY OF NATIONAL CITY Jessica Turner,Cal-ID Manager Stephen Manganiello,T.E.,Acting City Manager 5590 Overland Ave. 1200 National City Blvd. San Diego,CA,92123 National City,CA,91950 (619)753-5488 619-336-4244 Jessica.Turner2@sdsheriff.gov smanganiello@nationalcityca.gov 5.2. Any Party may change its representative at any time by notifying the other Party in writing of such change and listing its effective date. SDSO and the City of National City may from time to time designate a • different administrator by providing notice in the manner required by Section 6 below. 6. Notice.Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other Party by the Party giving such notice,or may be served by certified mail or postage prepaid,return receipt requested. 7. Conformance with Rules and Regulations.All Parties shall be in conformity with all applicable federal,State, County,and local laws,rules,and regulations,current and hereinafter enacted,including facility and professional licensing and/or certification laws and keep in effect any and all licenses,permits,notices,and certificates as are required.All Parties shall further comply with all laws pertaining to privacy and security of Protected Information, such as, but not limited to, the Health Insurance Portability and Accountability Act and the California Welfare and Institutions Code Sections 5328 et seq.and 10850. 8. Governing Law.This Agreement shall be governed,interpreted,construed,and enforced in accordance with the laws of the State of California. Venue shall be in a court of competent jurisdiction in the State of California, County of San Diego. 9. Permits and Licenses.The City of National City certifies that it possesses and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the SDSO, all approvals, permissions,permits, licenses, and other forms of documentation required for it and its employees to comply with all statutes, ordinances, and regulations,or other laws,that may be applicable to performance of services hereunder.The SDSO reserves the right to reasonably request and review all such applications,permits,and licenses prior to the commencement of any services hereunder. 10. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have CAL-ID SYSTEM REMOTE ACCESS NETWORK PARTICIPATION Page 3 of 5 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK PARTICIPATION unrestricted authority to publish,disclose,distribute,and otherwise use, in whole or in part,any reports, data or other materials prepared by the Parties or third parties under this Agreement. 11. Confidentiality. The City of National City agrees to maintain the confidentiality of and take industry appropriate and legally required measures to prevent the unlawful disclosure of any information that is legally required to be kept confidential. Except as otherwise allowed by local, State or federal law or regulation and pursuant to this section,the City of National City agrees to only disclose confidential records where the holder of the privilege, whether the County,SDSO,or a third party,provides written permission authorizing the disclosure. 12. Insurance.Each Party or the City of National City through its member agencies must obtain,at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, policies of insurance or programs of self-insurance with policy limits in sufficient amounts to cover any and all potential liability of such party hereunder. Minimum policy limits maintained by any Party or the City of National City through its member agencies shall in no way limit the Party's indemnification obligations.The City of National City through its member agencies shall maintain insurance against claims or injuries to person or damages to property that may arise from the acts or omissions of the City of National City, its agents, representatives, employees,volunteers, or subcontractors. County shall retain the right at any time to review the coverage and amount of insurance required under the Agreement. 13. Independent Capacity. In the performance of this Agreement, the City of National City and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents, or volunteers of the County. This Agreement does not create an employment relationship between the City of National City and the County.Nothing in this Agreement shall be deemed or construed as creating a joint venture, partnership,agency relationship,franchise,or business opportunity between the City ofNational City and County. No Party,by virtue of this Agreement, shall have any right,power,or authority to create an obligation, express or implied,on behalf of the any other Party or to act on behalf of any other Party,except as otherwise expressly provided in this Agreement. 14. No Third-Party Beneficiaries.Except as expressly set forth herein,this Agreement is for the sole benefit of the Parties hereto and their successors and permitted assigns,and nothing herein expressed or implied shall give or be construed to give any person or entity,other than the Parties hereto and such successors or assigns,any legal or equitable rights hereunder. 15. Indemnification.County shall not be liable for,and the City of National City shall defend and indemnify County and the employees and agents of County (collectively "County Parties"), against any and all claims, demands, liability,judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to this Agreement and arising either directly or indirectly from any act, error, omission or negligence of the City of National City or its contractors, licensees, agents,servants or employees, including,without limitation,Claims caused by the concurrent negligent act,error or omission,whether active or passive, of County Parties.The City of National City shall have no obligation,however,to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 16. Entire Agreement. This Agreement constitutes the entire Agreement between the SDSO and the City of National City regarding the subject matter contained herein. All other representations,oral or written,are superseded by this Agreement. Neither Party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both Parties. 17. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either Party. 18. Severability.If any terms or provisions of this Agreement or the application thereof to any person or circumstance shall,to any extent,be held invalid or unenforceable,the remainder of this Agreement,or the application of such term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, CAL-ID SYSTEM REMOTE ACCESS NETWORK PARTICIPATION Page 4 of 5 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK PARTICIPATION shall not be affected thereby and every other term and provision of this Agreement shall be valid and enforced to the maximum extent permitted by law. 19. Term.This Agreement shall become effective on July 1,2026 and remain in effect until June 30,2031. 20. Termination for Convenience.This Agreement shall terminate upon the conclusion of the effective date or upon cancellation in accordance with this Agreement.Notwithstanding the above,either Party may,upon written notice to the other Party,cancel or terminate this Agreement in whole or in part upon 365 days'notice. 21. Counterparts and Electronic Signatures.This Agreement may be executed in two or more counterparts,each of which‘shall be deemed an original,but all of which together shall constitute one and the same instrument.The Parties agree that signatures transmitted electronically via.pdf attachment shall be binding as if they were original signatures. 22. Payment Provisions. 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 SDSO for the aforementioned costs within thirty days (30)from the date of the invoice for such costs.SDSO may withhold payment for services not performed or goods not delivered in accordance with the Agreement. WHEREFORE,the Parties hereto approve and agree to the terms of this Agreement. CITY OF NATIONAL Y COUNTY OF SAN DIEGO By: 4 By: Do s u ze KELLY A.MARTINEZ City Ma ger Sheriff City of �'onal iity San Diego Sheriffs Office Date: ` 'I4 /2L Date: By: Clerk,Board of Supervisors Date: Approved as to form and legality: By: MARK DAY Senior Deputy San Diego County Counsel Date: CAL-ID SYSTEM REMOTE ACCESS NETWORK PARTICIPATION Page 5 of 5