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Item 24 - Extension of CAL-ID/RAN --- .- AGENDA REPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L Bowersox, City Mana~ INITIATED BY: John D. Fitch, Assistant City Manager ri- Mark A Sanchez, Director of Safety Services DATE: July 11, 1995 SUBJECf: EXTENSION OF CALIFORNIA IDENTIFICATION SYSTEM/REMOTE ACCESS NEl'WORK (CAL-IDIRAN) AGREEMENT ABSTRACT The California Identification SystemlRemote Access Network (CAL-IDIRAN) user agreement between the County of San Diego and the City of Poway will expire on June 30, 1995. Staff recommends that City Council approve the attached five-year agreement. ENVIRONMENTAL REVIEW ~.. 'to. Not subject to CEQA guidelines. - FISCAL IMPACT An amount of $8,400 has been appropriated from account #100-0504-4902 for Fiscal Year 1995/1996. ADDITIONAL PIJBLIC NOTIFICATION None. RECOMMENDATION It is recommended that the City Council approve the attached five-year agreement with the County of San Diego. ACTION - 1 of 14 3UL 11 1995 ITEM 24 ,.\ AGENDA REPORT CITY OF POWAY This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Coundl unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to hlrYe this report pulled for discussion. please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: The Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City M~ INITIATED BY: John D. Filch, Assistant City Manager ~ Mark A Sanchez, Director of Safety Servi DATE: July 11, 1995 SUBJECf: EXTENSION OF CALIFORNIA IDENTIFICATION SYSTEM! REMOTE ACCESS NETWORK (CAL-ID/RAN) AGREEMENT BACKGROUND In Fiscal Year 1990-1991, City Council approved a five-year agreement for participation in the CAL-IDIRAN Program. The agreement has proven beneficial to both the City of Poway and the County of San Diego. FINDINGS The CAL-IDIRAN Program is a statewide computer-operated fingerprint identification system. The system provides rapid identification of criminals and solutions to unsolved crimes. CAL-IDIRAN continues to perform two distinct functions in the area of criminal identification: The identification of prisoners and the identification of latent fingerprints lifted at crime scenes. ENVIRONMENTAL REVIEW Environmental review is not required for this item under California Environmental Quality Act guidelines. "SCAL IMPAcr An amount of $8,400 has been appropriated from account #100-0504-4902 for Fiscal Year 1995/1996. ADDmONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. ACTION: 2 of 14 11 1995 . - - - Agenda Report July 11, 1995 Page 2 RECOMMENDATION It is recommended that the City Council approve the attached five-year agreement with the County of San Diego. JLB:JDF:MAS:mjl Attachment: A: Copy of CAL-IDIRAN Agreement - - JUL 11 1995 ITEM 24 I 3 of 14 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF POWAY FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT, made and entered into this 11th day of July , 1995, 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 Poway, a municipal corporation, hereinafter referred to as "CITY". WITNESSETH WHEREAS, the State Department of Justice maintains an automated system for retaining and identifying fingerprints, said system being known as the California Identification System, and hereinafter referred to as "Cal-ID"; and WHEREAS, the Penal Code, Section 11112.1 et seg. 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 Sheriff's Department, hereinafter referred to as "SDSD", is the COUNTY's proprietary ATTACHMENT "A" JUL 11 1995 ITEM 24 1 4 of 14 --"'~-- - .- .- agency for San Diego County's California Identification System/Remote Access Network, hereinafter referred to as "Cal-ID/RAN"i and WHEREAS, 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 herein- after referred to as "RAN BOARD"i and WHEREAS, Cal-ID/RAN provides both tenprint and latent fingerprint identification through the use of Local Input Terminals, hereinafter referred to as "LIT's"i and WHEREAS, CITY desires to participate in cal-ID/RANi and WHEREAS, the general law and traffic enforcement services contract between CITY and COUNTY makes no provision for Cal-ID services or fundingi and NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal-ID/RAN services for CITY through the SDSO's LIT site pursuant to the following terms and conditions, I. SCOPE OF SERVICE SOSO shall provide Cal-IO/RAN services for CITY, -2- ITEM JUL 11 1995 24 , 5 of 14 . including all tenprint and latent fingerprint inquiries, II. COST A. CITY shall reimburse COUNTY for its propor- tional share of the ongoing operational costs associated with Cal-ID/RAN, based upon the following formula, which shall be adjusted annually using the previous year's SANDAG data, CITY'S CITY'S CITY'S PERCENTAGE PERCENTAGE CAL-ID OF TOTAL + OF FBI SUBTOTAL . 2 COST = - = . COUNTY CRIME ALLOCATION POPULATION INDEX PERCENTAGE ANNUAL FINES AND ANNUAL CAL-ID PENALTY CAL-ID OPERATIONAL - ASSESSMENTS = NET COSTS OR COUNTY OPERATIONAL GENERAL FUND COSTS ANNUAL CITY'S CITY'S CAL-ID CAL-ID ANNUAL NET X COST = CAL-ID OPERATIONAL ALLOCATION COSTS COSTS PERCENTAGE -3- 6 of 14 JUL 11 1995 ITEM 24 I - - - B. CITY'S percentage of total County population shall be based on SANDAG'S most recent "popula- tion and Housing Estimates," which are revised annually, C. CITY'S percentage of F,B,I. crime index shall be based on SANDAG's most recent issue of "Crime in the San Diego Region," which is published annually. D, CITY'S Cal-ID cost allocation percentage shall be the average of the CITY'S percentages of total County population and F,B,I, crime index, E. Ongoing Cal-ID operational costs shall include those costs needed to maintain the central computer and supporting equipment; costs for telecommunications operations for the Cal-ID/RAN equipment; air conditioning maintenance; tape storage; office supplies; cost for replacing the equipment amortized over ten years; funding for system enhancements authorized by the RAN BOARD; utilities; support personnel; and related costs necessary for the operation of Cal-IDfRAN. - -4- Julll 1995 ITEM 24 ~ 7 of 14 F. A minimum allocation of $716,000 per year from either fines and penalty assessments collected by the courts or County General Funds shall be subtracted from the annual Cal-Io operational costs described in Section 11,0. above, The remaining annual net operational costs shall be shared by all the Cal-Io user agencies, G. CITY's estimated Cal-Io costs are calculated on Attachment A, which is hereby made a part of this Agreement, H. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually revise CITY's Estimated Cal-Io Costs (Attachment A), based upon the most recent SANoAG population and F.B,I crime index statistics in accordance with Sections II-B., II.C, and II-o" and current operational costs specified in Section II,E, above. Such estimate, when approved by CITY and the County Sheriff, acting on behalf of the COUNTY, shall be made a part of this agreement as Attachment A, I- CITY shall be billed quarterly based on its proportional share of the estimated ongoing net -5- 8 of 14 JUL 11 1995 ITEM 24 '4 - - - operational costs and agrees to pay COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs, J. The first billing of each fiscal year shall be adjusted to reflect the actual ongoing net operational costs for the previous year, K, 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, III. SYSTEM OPERATING POLICIES AND PROCEDURES A. The primary purpose of Cal-ID/RAN shall be to serve all law enforcement agencies in the COUNTY. B, Additional law enforcement agencies may be added and users may be removed from Cal-ID/RAN as conditions warrant. C. Participating CITIES and COUNTY agree to abide ..- by all State and Federal statutes, as well as -6- 9 of 14 JUL 11 1995 ITEM 24 I -, all policies adopted by COUNTY and state or Local RAN BOARD concerning the security, privacy and dissemination of any and all fingerprint identification data contained in Cal-ID/RAN. 1. Cal-ID shall be used exclusively for law enforcement criminal or suspected criminal fingerprint identification purposes. 2, Cal-ID shall not be used for employment, licensing, or certification purposes. D. 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, E. Any dispute between users over operational policies established by the RAN BOARD shall be resolved by that BOARD. F. COUNTY agrees to ensure the proper and effec- tive operation and maintenance of equipment used to participate in Cal-ID/RAN, -7- ITEM 24 10 of 14 JUL 11 1995 - - - G. COUNTY agrees to continue submitting finger- print cards for all specified arrests to the Department of Justice as required by law. H, 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, IV. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended or otherwise changed as provided in section II.F., or by an amendment in writing executed by the CITY and COUNTY, V. TERMINATION FOR CONVENIENCE Notwithstanding any other section or provision of this Agreement, either party hereto may terminate - -8- JUL 11 1995 ITEM 24 1 11 of 14 this Agreement by giving a one-year advance written notice of intention to terminate. VI. TERM OF AGREEMENT This Agreement shall take effect July I, 1995 and unless sooner terminated as provided for herein, shall terminate on June 30, 2000, VII, INDEMNIFICATION A. COUNTY shall defend, indemnify and hold harmless CITY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in con- 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 COUNTY, its officers, agents or employees in performance of this agreement. B. CITY shall defend, indemnify and hold harmless COUNTY, its officers, agents, or employees from and against any and all liability expense, -9- JUL 11 1995 ITEM 24 , 12 of 14 - - - including costs and legal fees incurred in connection 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 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 POWAY, pursuant to action taken by the city Council. COUNTY OF SAN DIEGO CITY OF POWAY BY BY Clerk, Board of Supervisors Mayor, City of Poway APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY BY BY Deputy County Counsel Deputy City Attorney .- -10- JUl11 1995 ITEM 24 , 13 of 14 ATTACHMENT A CITY OF POWAY ESTIMATED CAL-ID COSTS FISCAL YEAR 1995/96 (MAY BE ADJUSTED ANNUALLY) CITY'S CITY'S PERCENTAGE PERCENTAGE CITY'S OF TOTAL OF TOTAL CAL-ID COST COUNTY F. B. 1. CRIME ALLOCATION POPULATION + INDEX '" SUBTOTAL .:. 2 '" PERCENTAGE . 1.76% + 1,00% 2,76% . 2 '" 1. 38% '" . ESTIMATED ESTIMATED FY 1995/96 ESTIMATED FY 1995/96 PENALTY FY 1995/96 CAL-ID ASSESSMENTS CAL-ID NET OPERATIONAL OR COUNTY OPERATIONAL COSTS - GENERAL FUNDS '" COSTS $1,345,828 - $716,000 '" $629.828 CITY'S ESTIMATED CITY'S ESTIMATED CAL-ID NET CAL-ID COST FY 1995/96 OPERATIONAL ALLOCATION CAL-ID COSTS X PERCENTAGE '" COSTS $629,828 X 1. 38% = $8,692 JUL 11 1995 ITEM 24 , 14 of 14 _.~_.-._-