HomeMy WebLinkAbout2005 CON SD County Sheriff - Cal-ID AgreementMEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
August 16, 2005
AGENDA ITEM NO. 6
ITEM TITLE
Resolution Authorizing the Mayor of National City to execute the CaL-ID user
agreement between the County of San Diego and City of National City.
PREPARED BY
Keith Fifield
EXPLANATION 336-4508
DEPARTMENT
Police
The California Department of Justice maintains an automated system for retaining and
identifying fingerprints, palm prints and photos known as the California Identification System
and Cal -Photo. 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 the CaL-ID
systems. The San Diego County Sheriffs Department is the County's proprietary agency for San
Diego County's CaL-ID/RAN. San Diego County's CaL ID/RAN is governed by the San Diego
County Local CaL-ID/RAN Board, established pursuant to Section 11112.4 of the California
Penal Code and is know as the RAN Board. Cal-ID/RAN provides both tenprint identification,
latent identification and photo identification through the use of Local Input Terminals known as
"LIT's." The NCPD operates one LIT in the Temporary Holding Facility (THF) at the police
facility and uses the Cal -ID fingerprint system and Cal -Photo system to identify criminal
suspects and conduct investigations. Access to these systems is critical for the Police
Department to provide critical public safety services. (Continued on page 2)
Environmental Review XX N/A
Financial Statement
Currently allocated in the FY 2005/06 Police Budget.
Acct. # 001-411-000-299-0000
Account No.
S/ TAFF RECOMMENDATION
Approve the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
c 2.00s-sl
ATTACHMENTS ( Listed Below) Resolution No. -2,US LSt
A: Copy of the Cal -ID user agreement.
A-200 (9/80)
Council Agenda Statement
Resolution Authorizing the Mayor of National City to Execute the Ca1-ID User
Agreement Between the County of San Diego and City of National City
Page 2
Explanation (Continued)
If the City desires to continue to participate in the Cal/ID RAN, the City must reimburse the
County for its yearly proportional share of the annual net operational costs associated with CaI-
1D/RAN as detailed in the City Cost section of the attached user agreement. This would also
cover any future LIT's such as the one proposed by Human Resources to conduct employment
fingerprint checks. The estimated Cal -ID user fee allocation costs for FY2005/06 for National
City are $17,419. The Police Department budget for FY 2005/06 allocates $19,000 to cover
these costs.
Proposal
The National City Police Department and Chief Adolfo Gonzales are therefore submitting a
request that the City Council authorize the Mayor to execute the attached Cal -ID user agreement
so that the City may continue to participate in the Cal-ID/RAN system. The user agreement
covers a five year period and shall take effect July 1, 2005, and unless sooner terminated as
provided in the agreement, shall terminate on June 30, 2010.
RESOLUTION 2005 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF NATIONAL CITY FOR PARTICIPATION
IN THE COUNTY'S CALIFORNIA IDENTIFICATION
SYSTEM REMOTE ACCESS NETWORK
WHEREAS, the State Department of Justice maintains an automated
system for retaining and identifying fingerprints, said system being known as the California
Identification System ("Cal -ID); and
WHEREAS, 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 ("SDSD"), is the
County's proprietary agency for San Diego County's California Identification
System/Remote Access Network ("Cal-ID/RAN"); and
WHEREAS, San Diego County's Cal-ID/RAN is govemed by the San Diego
County Local Cal-ID/RAN Board ("RAN Board"), established pursuant to Sections
11112.4(a) and (c) of the Califomia Penal Code; and
WHEREAS, Cal-ID/RAN provides both tenprint and latent fingerprint
identification through the use of Local Input Terminals ("LIT's") and Enhanced Verification
Only Terminals ("EVOT's"); and
WHEREAS, the National City Police Department ("NCPD") desires to
participate in Cal-ID/RAN, and SDSD agrees to provide NCPD access to Cal-ID/RAN for
making tenprint and latent fingerprint inquiries pursuant to a written agreement; and
WHEREAS, the City Council of the City of National City appropriated
$19,000 to fiscal year 2005/2006 Police Budget, Account 001-411-000-299, to fund Cal-
ID/RAN expenditures; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to execute an agreement between the County of
San Diego and the City of National City for the National City Police Department to
participate in San Diego County's Califomia Identification System Remote Access
Network. Said Agreement is on file in the Office of the City Clerk.
— Signature Page to Follow --
Resolution No. 2005 —
August 16, 2005
Page 2
PASSED and ADOPTED this 16th day of August, 2005.
Nick Inzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
San Diego County Sheriff's Department
Post Office Box 939062 • San Diego, California 92193-9062
William B. Kolender, Sheriff
City of National City
Purchasing & Contracting Department
2100 Hoover Avenue
National City, CA 91950
Dear Purchasing & Contracting:
Barry R. Zuniga, Undersheriff
June 23, 2005
CALIFORNIA IDENTIFICATION SYSTEM/REMOTE ACCESS NETWORK (CAL-ID/RAN)
USER AGREEMENT
copies of the CAL -ID user agreement between the County of San Diego and the City of
are enclosed for your approval. The agreements were approved by the Board of
Supervisors on June 14, 2005, 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 County Sheriff's Department
Contracts Division
P.O. Box 939062
San Diego, CA 92193-9062
Attention: Keith Spears
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 Keith Spears at (858) 974-2208.
Sincerely,
WILLIAM B. KOKENDER, SHERIFF
U. -cA-te,
Rosie Pecina, CAL -ID Program Manager
Sheriffs Crime Laboratory
Enclosures
"Keeping the Peace Since 1850"
,4 TT-4 Cj4 (2/3T
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,
2005, is by and between the County of San Diego, a political subdivision of the State of
California, hereinafter referred to as "COUNTY", and the City of National City a
municipal corporation, hereinafter referred to as "CITY".
RECITALS
A. 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, and hereinafter referred to
as "Cal -ID".
B. 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.
C. The San Diego County Sheriff's 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".
D. San Diego County's Ca1-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".
E. Cal-ID/RAN provides both tenprint identification, latent identification, and
photo identification through the use of Local Input Terminals, hereinafter referred to as
"LIT's.
F. CITY desires to participate in Cal-ID/RAN.
NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal-
ID/RAN services for CITY through the SDSD's LIT site subject to the following terms
and conditions.
1. SCOPE OF SERVICE
SDSD shall provide Cal-ID/RAN services for CITY, including all tenprint and latent
inquiries and photo inquiries.
1
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 operations cost annually and advise the
CITY of the amount by March 31 of each year.
2.3. The COUNTY may make a General Fund Contribution to offset Ca1-ID
Operational Costs. The CITY will be advised of this contribution by March 31 of
each year.
2.4. The RAN Board may authorize the transfer of funds from the Cal -ID Trust Fund
to offset Ca1-ID Operational Costs. The RAN Board will advise the CITY of this
contribution by March 31 of each year.
2.5. Ca1-ID's annual operations costs minus any Cal ID Trust Fund and County
General Fund contributions equals the annual Cal -ID Net Operational Costs.
3. CITY COST
CITY shall reimburse -COUNTY for its proportional share of the annual net operational
costs associated with Cal-ID/RAN, based upon the following formula:
3.1. The CITY'S percentage of total county population plus the CITY'S percentage of
Number of FBI Crimes divided by 2 equals the CITY'S Ca1-ID Cost Allocation
Percentage.
3.1.1. CITY'S percentage of total County population shall be based on the San
Diego Association of Governments (SANDAG) most recent "Population and
Housing Estimates," which are revised annually.
3.1.2. CITY'S percentage of Number of FBI Crimes shall be based on
SANDAG'S most recent issue of "Crime in San Diego Region," which is
published annually
2
3.2. This percentage shall be adjusted annually using the previous year's SANDAG
data. The data for the first year of this Agreement has been set forth as
Attachment A hereto.
3.3. The annual Cal -ID Net Operational Costs times the CITY'S Cal -ID Cost
Allocation Percentage equals the CITY'S Annual Cal -ID costs.
3.4. CITY'S estimated Ca1-ID costs for the first year of this Agreement are calculated
on Attachment B, which is hereby made a part of this Agreement.
3.5. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually
revise CITY'S estimated Cal -ID costs (Attachment B), based upon the most
recent SANDAG population and FBI Crime Statistics in accordance with Section
3.1 and current operational costs specified in 2.1 above. Such estimate, when
approved by CITY and the Sheriff, acting on behalf of the COUNTY, shall be
made a part of this Agreement as Attachment B.
3.6. CITY shall be billed semi-annually based on its proportional share of the
estimated ongoing net operational costs and shall pay COUNTY for the
aforementioned costs within thirty days from the date of the invoice for such
costs.
3.7. Actual ongoing costs will be calculated at the end of each fiscal year. Any
shortages or overages based on actual costs will be transferred to or from the
Sheriff's "Fingerprint Trust Fund."
3.8. COUNTY shall maintain a separate accountability for purposes of funding CaI-
ID/RAN and shall provide a financial report at the end of each fiscal year.
4. SYSTEM OPERATING POLICIES AND PROCEDURES
4.1. The primary purpose of Cal-ID/RAN shall be to serve all law enforcement
agencies in the COUNTY.
4.2. From time -to -time, the RAN Board may add and remove law enforcement
agencies from Cal -ID.
4.3. Participating CITIES and COUNTY shall abide by all State and Federal statutes,
as well as all policies adopted by COUNTY and State or Local RAN BOARD
conceming the security, privacy and dissemination of any and all fingerprint 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 CITY
3
pursuant to this Agreement. COUNTY shall provide to CITY, and CITY hereby
acknowledges receipt of, any such Vendor Contracts pertaining to the services
COUNTY provides to CITY under this Agreement. CITY shall observe and
abide by all of the contractual duties of COUNTY under any such relevant
Vendor Contract. Notwithstanding such undertaking, however, CITY shall have
no rights to enforce such a Vendor Contract against the County or any third -party
provider, nor may 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 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. COUNTY shall ensure the proper and effective operation and maintenance of
equipment used to participate in Cal-ID/RAN.
4.8. COUNTY shall continue forwarding electronic prints submitted via livescans for
arrests to the Department of Justice as required by law.
4.9. This Agreement incorporates by reference: California Penal Code Section
11112.1 et seq. and any related legislation enacted thereto; State Department of
Justice Ca1-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 COUNTY.
6. TERMINATION
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.
7. TERM OF AGREEMENT
This Agreement shall take effect July 1, 2005 and unless sooner terminated as provided
for herein, shall terminate on June 30, 2010.
4
8. INDEMNIFICATION
COUNTY shall not be liable for, and CITY shall defend, indemnify and hold COUNTY,
its officers, agents and employees, harmless from, 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 the performance of this
Agreement, arising either directly or indirectly from any act, error, omission or
negligence of Contractor 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, its officers, agents, employees and
contractors.
IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this
AGREEMENT pursuant to action taken by its Board of Supervisors, and the
City of National City executes this AGREEMENT, pursuant to action taken by the City
Council.
COUNTY OF SAN DIEGO
By By
Clerk, Board of Supervisors Mayor
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY LEGALITY
By By
Deputy County Counsel City Attorney
5
Attachement A
Cal -ID Cost Allocation
Based on Population and Crime
Fiscal Year 2005-2006
% Of
% of County FBI Number County
City Population Population of Crimes Crime Mean of %'s
Carlsbad 92,995 3.08% 2,433 2.22% 2.65%
Chula Visa 209,436 6.94% 8,052 7.36% 7.15%
Coronado 26,459 0.88% 699 0.64% 0.76%
Del Mar 4,555 0.15% 210 0.19% 0.17%
El Cajon 97,643 3.24% 4,804 4.39% 3.81%
Encinitas 62,586 2.07% 1,401 1.28% 1.68%
Escondido 140,671 4.66% 6,331 5.79% 5.22%
Imperial Beach 27,779 0.92% 1,085 0.99% 0.96%
La Mesa 56,050 1.86% 2,412 2.20% 2.03%
Lemon Grove 25,592 0.85% 1,084 0.99% 0.92%
National City 57,047 1.89% 3,255 2.97% 2.43%
Oceanside 173,307 5.74% 7,138 6.52% 6.13%
Poway 50,632 1.68% 924 0.84% 1.26%
San Diego 1,294,032 42.89% 52,217 47.72% 45.31 %
San Marcos 67,426 2.23% 1,745 1.59% 1.91%
Santee 54,022 1.79% 1,397 1.28% 1.53%
Solana Beach 13,431 0.45% 370 0.34% 0.39%
Vista 94,048 3.12% 3,361 3.07% 3.09%
Unincorporated 469,493 15.56% 10,499 9.60% 12.58%
3,017,204 100.00% 109,417 100.00% 100.00%
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Crime in the San Diego Region, Annual 2004" Published in April 2005
Attachement B
Cal -ID Contract Projections by Agency - FY 2005-2006
Revenue
County General Fund Contribution
Transfer from Trust Fund
User Fees
Total Funding
Expenses
County Salaries and Benefits
Allocated Overhead On County Salaries and Benefits
Services and Supplies
Equipment Replacement Fund
San Diego PD In Kind Services
Fixed Assets Expense
Total Expenses
User Fee Allocation
City/Jurisdiction
Carlsbad
Chula Visa
Coronado
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Solana Beach
Vista
Unincorporated
Total User Fees
Allocation
Percentage
2.65%
7.15%
0.76%
0.17%
3.81 %
1.68%
5.22%
0.96%
2.03%
0.92%
2.43%
6.13%
1.26%
45.31%
1.91%
1.53%
0.39%
3.09%
12.58%
100.00%
$716,000
$1,161,432
$716,000
$2,593,432
$1,059,962
$165,354
$716,442
$325,000
$122,374
$204,300
$2,593,432
Estimated FY
2005/06 Cost
$18,995
$51,195
$5,426
$1,228
$27,304
$12,010
$37,405
$6,846
$14,542
$6,583
$17,419
$43,918
$9,031
$324,389
$13,710
$10,981
$2,804
$22,156
$90,058
$716,000.00
William B. Kolender, Sheriff
Na rro„ 1e-L
San Diego County Sheriff's Department
Post Office Box 939062 • San Diego, California 92193-9062
City of National City
Purchasing & Contracting Department
2100 Hoover Avenue
National City, CA 91950
Dear Purchasing & Contracting:
Barry R. Zuniga, Undersherif
June 23, 2005
CALIFORNIA IDENTIFICATION SYSTEM/REMOTE ACCESS NETWORK (CAL-ID/RAN)
USER AGREEMENT
out copies of the CAL -ID user agreement between the County of San Diego and the City of
are enclosed for your approval. The agreements were approved by the Board of
Supervisors on June 14, 2005, 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 County Sheriffs Department
Contracts Division
P.O. Box 939062
San Diego, CA 92193-9062
Attention: Keith Spears
Upon execution by the Clerk of the Board, two copies of the agreement will he returned to you.
If you have any questions regarding the agreement, please contact Keith Spears at (858) 974-2208.
Sincerely,
WILLIAM B. KOKENDER, SHERIFF
Rosie Pecina, CAL-1D Program Manager
Sheriff's Crime Laboratory
Enclosures
"Keeping the Peace Since 1850"
1
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
September 19, 2005
Attention Keith Spears
San Diego County Sheriffs Department
Contracts Division
P 0 Box 939062
San Diego, CA 92193
Dear Mr. Spears,
On August 16, 2005, Resolution No. 2005-173 was passed and adopted by
the City Council of the City of National City, authorizing the Mayor to
execute an agreement between the County of San Diego and the City of
National City for participation in the County's California Identification
System Remote Access Network.
We are forwarding to you a certified copy of the above Resolution and four
original agreements. It is our understanding that you will return two fully
executed copies to us.
Michael R. Dalla
Deputy City Clerk
Enclosure
cc: PD / Purchasing
File No.
® Recycled Paper
RESOLUTION 2005 — 173
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF NATIONAL CITY FOR PARTICIPATION
IN THE COUNTY'S CALIFORNIA IDENTIFICATION
SYSTEM REMOTE ACCESS NETWORK
WHEREAS, the State Department of Justice maintains an automated
system for retaining and identifying fingerprints, said system being known as the Califomia
Identification System ("Cal -ID); and
WHEREAS, 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 ("SDSD"), is the
County's proprietary agency for San Diego County's Califomia Identification
System/Remote Access Network ("Cal-ID/RAN"); and
WHEREAS, San Diego County's Cal-ID/RAN is governed by the San Diego
County Local Cal-ID/RAN Board ("RAN Board"), established pursuant to Sections
11112.4(a) and (c) of the California Penal Code; and
WHEREAS, Cal-ID/RAN provides both tenprint and latent fingerprint
identification through the use of Local Input Terminals ("LIT's") and Enhanced Verification
Only Terminals ("EVOT's"); and
WHEREAS, the National City Police Department ("NCPD") desires to
participate in Cal-ID/RAN, and SDSD agrees to provide NCPD access to Cal-ID/RAN for
making tenprint and latent fingerprint inquiries pursuant to a written agreement; and
WHEREAS, the City Council of the City of National City appropriated
$19,000 to fiscal year 2005/2006 Police Budget, Account 001-411-000-299, to fund CaI-
ID/RAN expenditures; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to execute an agreement between the County of
San Diego and the City of National City for the National City Police Department to
participate in San Diego County's Califomia Identification System Remote Access
Network. Said Agreement is on file in the Office of the City Clerk.
-- Signature Page to Follow --
Resolution No. 2005 — 173
August 16, 2005
Page 2
PASSED and ADOPTED this 16th day of August, 2005.
N k Inzunza, Mayor
ATTEST:
Micity Clerk
aei Dalla C
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August
16, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Parra, Natividad, Zarate.
Nays: None.
Absent: None
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, Califomia
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-173 of the City of National City, California, passed and
adopted by the Council of said City on August 16, 2005.
jt/
City Clerk of the City f National City, California
By:
Deputy
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,
2005, is by and between the County of San Diego, a political subdivision of the State of
California, hereinafter referred to as "COUNTY", and the City of National City a
municipal corporation, hereinafter referred to as "CITY".
RECITALS
A. 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, and hereinafter referred to
as "Cal -ID".
B. 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
Ca1-ID.
C. The San Diego County Sheriff's 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".
D. San Diego County's Cal-ID/RAN is governed by San Diego County Local
Ca1-ID/RAN Board, established pursuant to Section 11112.4 of the California Penal
Code, and hereinafter referred to as "RAN BOARD".
E. Cal-1D/RAN provides both tenprint identification, latent identification, and
photo identification through the use of Local Input Terminals, hereinafter referred to as
"LIT's.
F. CITY desires to participate in Cal-ID/RAN.
NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Ca1-
ID/RAN services for CITY through the SDSD's LIT site subject to the following terms
and conditions.
1. SCOPE OF SERVICE
SDSD shall provide Cal-ID/RAN services for CITY, including all tenprint and latent
inquiries 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 operations cost annually and advise the
CITY of the amount by March 31 of each year.
2.3. The COUNTY may make a General Fund Contribution to offset Cal -ID
Operational Costs. The CITY will be advised of this contribution by March 31 of
each year.
2.4. The RAN Board may authorize the transfer of funds from the Cal -ID Trust Fund
to offset Cal -ID Operational Costs. The RAN Board will advise the CITY of this
contribution by March 31 of each year.
2.5. Cal-ID's annual operations costs minus any Cal ID Trust Fund and County
General Fund contributions equals the annual Cal -ID Net Operational Costs.
3. CITY COST
CITY shall reimburse COUNTY for its proportional share of the annual net operational
costs associated with Cal-ID/RAN, based upon the following formula:
3.1. The CITY'S percentage of total county population plus the CITY'S percentage of
Number of FBI Crimes divided by 2 equals the CITY'S Cal -ID Cost Allocation
Percentage.
3.1.1. CITY'S percentage of total County population shall he based on the San
Diego Association of Governments (SANDAG) most recent "Population and
Housing Estimates," which are revised annually.
3.1.2. CITY'S percentage of Number of FBI Crimes shall be based on
SANDAG'S most recent issue of "Crime in San Diego Region," which is
published annually
3.2. This percentage shall be adjusted annually using the previous year's SANDAG
data. The data for the first year of this Agreement has been set forth as
Attachment A hereto.
3.3. The annual Cal -ID Net Operational Costs times the CITY'S Cal -ID Cost
Allocation Percentage equals the CITY'S Annual Cal -ID costs.
3.4. 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.
3.5. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually
revise CITY'S estimated Cal -ID costs (Attachment B), based upon the most
recent SANDAG population and FBI Crime Statistics in accordance with Section
3.1 and current operational costs specified in 2.1 above. Such estimate, when
approved by CITY and the Sheriff, acting on behalf of the COUNTY, shall be
made a part of this Agreement as Attachment B.
3.6. CITY shall be billed semi-annually based on its proportional share of the
estimated ongoing net operational costs and shall pay COUNTY for the
aforementioned costs within thirty days from the date of the invoice for such
costs.
3.7. Actual ongoing costs will be calculated at the end of each fiscal year. Any
shortages or overages based on actual costs will be transferred to or from the
Sheriff's "Fingerprint Trust Fund."
3.8. 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.
4. SYSTEM OPERATING POLICIES AND PROCEDURES
4.1. The primary purpose of Ca1-ID/RAN shall be to serve all law enforcement
agencies in the COUNTY.
4.2. From time -to -time, the RAN Board may add and remove law enforcement
agencies from CaI-ID.
4.3. Participating CITIES and COUNTY shall 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 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 CITY
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pursuant to this Agreement. COUNTY shall provide to CITY, and CITY hereby
acknowledges receipt of, any such Vendor Contracts pertaining to the services
COUNTY provides to CITY under this Agreement. CITY shall observe and
abide by all of the contractual duties of COUNTY under any such relevant
Vendor Contract. Notwithstanding such undertaking, however, CITY shall have
no rights to enforce such a Vendor Contract against the County or any third -party
provider, nor may 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 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. COUNTY shall ensure the proper and effective operation and maintenance of
equipment used to participate in Cal-ID/RAN.
4.8. COUNTY shall continue forwarding electronic prints submitted via livescans for
arrests to the Department of Justice as required by law.
4.9. 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. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended, or otherwise changed by an
amendment in writing executed by the CITY and COUNTY.
6. TERMINATION
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.
7. TERM OF AGREEMENT
This Agreement shall take effect July 1, 2005 and unless sooner terminated as provided
for herein. shall terminate on June 30, 2010.
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8. INDEMNIFICATION
COUNTY shall not be liable for, and CITY shall defend, indemnify and hold COUNTY,
its officers, agents and employees, harmless from, 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 the performance of this
Agreement, arising either directly or indirectly from any act, error, omission or
negligence of Contractor 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, its officers, agents, employees and
contractors.
IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this
AGREEMENT pursuant to action taken by its Board of Supervisors, and the
City of National City executes this AGREEMENT, pursuant to action taken by the City
Council.
COUNTY OF SAN DIEGO
By By
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY
Mayor
APPROVED AS TO FORM AND
LEGALITY
By By %T / J•Z
Deputy County Counsel City Attorney
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Attachement A
Cal -ID Cost Allocation
Based on Population and Crime
Fiscal Year 2005-2006
% Of
% of County FBI Number County
City Population Population of Crimes Crime Mean of %'s
Carlsbad 92,995 3.08% 2,433 2.22% 2.65%
Chula Visa 209,436 6.94% 8,052 7.36% 7.15%
Coronado 26,459 0.88% 699 0.64% 0.76%
Del Mar 4,555 0.15% 210 0.19% 0.17%
El Cajon 97,643 3.24% 4,804 4.39% 3.81%
Encinitas 62,586 2.07% 1,401 1.28% 1.68%
Escondido 140,671 4.66% 6,331 5.79% 5.22%
Imperial Beach 27,779 0.92% 1,085 0.99% 0.96%
La Mesa 56,050 1.86% 2,412 2.20% 2.03%
Lemon Grove 25,592 0.85% 1,084 0.99% 0.92%
National City 57,047 1.89% 3,255 2.97% 2.43%
Oceanside 173,307 5.74% 7,138 6.52% 6.13%
Poway 50,632 1.68% 924 0.84% 1.26%
San Diego 1,294,032 42.89% 52,217 47.72% 45.31
San Marcos 67,426 2.23% 1,745 1.59% 1.91%
Santee 54,022 1.79% 1,397 1.28% 1.53%
Solana Beach 13,431 0.45% 370 0.34% 0.39%
Vista 94,048 3.12% 3,361 3.07% 3.09%
Unincorporated 469,493 15.56% 10,499 9.60% 12.58%
3,017,204 100.00% 109,417 100.00% 100.00%
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Crime in the San Diego Region, Annual 2004" Published in April 2005
Attachement B
Cal -ID Contract Projections by Agency - FY 2005-2006
Revenue
County General Fund Contribution
Transfer from Trust Fund
User Fees
Total Funding
Expenses
County Salaries and Benefits
Allocated Overhead On County Salaries and Benefits
Services and Supplies
Equipment Replacement Fund
San Diego PD In Kind Services
Fixed Assets Expense
Total Expenses
User Fee Allocation
City/Jurisdiction
Carlsbad
Chula Visa
Coronado
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Solana Beach
Vista
Unincorporated
Total User Fees
Allocation
Percentage
2.65%
7.15%
0.76%
0.17%
3.$1%
1.68%
5.22%
0.96%
2.03%
0.92%
2.43%
6.13%
1.26%
45.31%
1.91%
1.53%
0.39%
3.09%
12.58%
100.00%
$716,000
$1,161,432
$716,000
$2,593,432
$1,059,962
$165,354
$716,442
$325,000
$122,374
$204,300
$2,593,432
Estimated FY
2005/06 Cost
$18,995
$51,195
$5,426
$1,228
$27,304
$12,010
$37,405
$6, 846
$14,542
$6,583
$17,419
$43,918
$9,031
$324,389
$13,710
$10,981
$2,804
$22,156
$90,058
$716,000.00