County of San Diego - California Identification System Remote Access NetworkAGREEMENT 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, 2019,
by and between the County of San Diego, a political subdivision of the State of
California, hereinafter referred to as the "COUNTY," and the City of Poway, a municipal
corporation, hereinafter referred to as the "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 "SHERIFF,"
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. The COUNTY's CAL-ID/RAN is governed by the COUNTY's Local CAL-ID/RAN
BOARD, established pursuant to Section 11112.4 of the California 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, palm print, and photo inquiries.
2. CALCULATION AND PAYMENT OF CAL -ID OPERATIONAL COSTS
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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 Sheriff's
Fingerprint ID Trust Fund to offset Trust Fund -qualified CAL -ID Operational
Costs.
2.5. Annual CAL -ID Operational Cost minus any Sheriff's Fingerprint ID Trust
Fund contributions and any COUNTY General 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 Governments (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.
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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
Sheriff's Fingerprint ID Trust Fund.
3.9. The COUNTY shall maintain a separate accountability for purposes of the
Sheriffs Fingerprint ID Trust Fund and shall provide a financial report at the
end of each fiscal year to the State of California.
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 California,
or the Local RAN Board concerning the security, privacy, and dissemination of
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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: 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 the 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.
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7. TERM OF AGREEMENT
This Agreement shall take effect July 1, 2019 and unless terminated sooner as provided
for herein, shall terminate on June 30, 2024.
8. INDEMNIFICATION
The COUNTY shall not be liable for, and the CITY shall defend, indemnify and hold the
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 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 the 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 Poway executes this
AGREEMENT, pursuant to action taken by the City Council.
COUNTY OF SAN DIEGO
By
By
Jerk, Board of Supervisors City ) nager
APPROVED AS TO FORM AND
LEGALITY
By
Deputy C unty Counsel
Approved and/or authorized by the
Board of Supervisors of the County of San Diego.
Meeting Date: 0- ' /1 Minute Order No. 23
By: Date:
De he Board Supervisors
Cler
r
APPROVED AS TO FORM AND
LEGALITY
By gi/
City Attorney
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Attachment A
Cal -ID Cost Allocation
Based on Population and Crime
Fiscal Year 2019-2020
% Of
% of County FBI Number County
City Population Population of Crimes Crime Mean of %'s
Carlsbad 114,622 3.48% 2,346 3.55% 3.51%
Chula Vista 267,503 8.12% 4,446 6.72% 7.42%
Coronado 21,683 0.66% 332 0.50% 0.58%
Del Mar 4,322 0.13% 132 0.20% 0.17%
El Cajon 105,557 3.21% 2,784 4.21% 3.71%
Encinitas 63,158 1.92% 908 1.37% 1.65%
Escondido 151,478 4.60% 3,271 4.94% 4.77%
Imperial Beach 28,163 0.86% 431 0.65% 0.75%
La Mesa 61,261 1.86% 1,209 1.83% 1.84%
Lemon Grove 26,834 0.81% 623 0.94% 0.88%
National City 62,257 1.89% 1,472 2.22% 2.06%
Oceanside 177,362 5.39% 4,505 6.81% 6.10%
Poway 50,207 1.52% 573 0.87% 1.20%
San Diego 1,419,845 43.12% 32,776 49.53% 46.33%
San Marcos 95,768 2.91% 1,254 1.90% 2.40%
Santee 56,994 1.73% 996 1.51% 1.62%
Solana Beach 13,938 0.42% 229 0.35% 0.38%
Vista 103,381 3.14% 1,827 2.76% 2.95%
Unincorporated 468,620 14.23% 6,056 9.15% 11.69%
3,292,953 100.00% 66,170 100.00% 100.00%
Population and FBI Crime numbers are based on Appendix Tables 20 and 5 contained in San Diego Association of
Governments "Thirty -Nine Years of Crime in the San Diego Region: 1980 through 2018" Published in May2019
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Attachment B
Cal -ID Contract Projections by Agency — FY 2019-2020
Revenue
County General Fund Contribution
3.51%
$716,000
Transfer from Trust Fund
7.42%
$5,200,659
User Fees
0.58%
$716,000
Total Funding
0.17%
$6,632,659
Overhead
Allocated Overhead On County Salaries and Benefits
Expenses
353,099 1
County Salaries and Benefits
3.51%
$2,156,237
Services and Supplies
7.42%
$4,018,723
Fixed Assets Expense
0.58%
$430,000
Total Expenses
User Fee Allocation
City/Jurisdiction
Allocation
Percentage
$6,604,960
Estimated FY
2019/20 Cost
Carlsbad
3.51%
$25,154
Chula Vista
7.42%
$53,136
Coronado
0.58%
$4,154
Del Mar
0.17%
$1,184
El Cajon
3.71%
$26,538
Encinitas
1.65%
$11,779
Escondido
4.77%
$34,165
Imperial Beach
0.75%
$5,394
La Mesa
1.84%
$13,201
Lemon Grove
0.88%
$6,288
National City
2.06%
$14,732
Oceanside
6.10%
$43,656
Poway
1.20%
$8,558
San Diego
46.33%
$331,690
San Marcos
2.40%
$17,196
Santee
1.62%
$11,585
Solana Beach
0.38%
$2,754
Vista
2.95%
$21,124
Unincorporated
11.69%
$83,712
Total User Fees
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100.00% $716,000.00