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HomeMy WebLinkAbout06 NEW CAL-ID USER AG 08-05-96NO. 6 8-5-96 DATE: JULY 24, 1996 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT NEW CAL-ID USER AGREEMENT SUMMARY: The Cai-ID User Agreement is a renewal of the existing Agreement which expired on June 30, 1996. RECOMMENDATION: That Council authorize the City to enter into the renewal of the Cai-ID User Agreement. FISCAL IMPACT: · $3,318.00 (Budgeted in '96-97 Budget) BACKGROUND: The Cai-ID system is a system which, via computer, stores fingerprints. This allows police investigators to compare fingerprints collected at a crime scene or the fingerprints of an unknown individual with the known database to receive absolute identification. In Orange County, the Orange County Sheriff's Department is this area's full-use access agency. This was determined because the Sheriff has a centralized records division for the entire County law enforcement. The cost of this system is passed on to the individual agencies pursuant to monthly use. Our prorated costs are estimated at $3,318.00 for the fiscal year 1996-97. The Police Department has found this to be an invaluable tool and desires to continue participation in this_system. Recommend Council approve this Agreement. W. DOUGLAS FRANKS Chief of Police WDF:FW:et 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 JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM THIS AGREEMENT, made and entered into the day of 19 .... , is by and between the County of Orange, a political subdivision of the State of California, hereinafter "COUNTY," and the City of , a municipal corporation, hereinafter "USER." 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 ("CAL-ID"), and WHEREAS, the 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, COUNTY and USER deem it important to have direct access to CAL-ID, and WHEREAS, there has been established in COUNTY a local board ("RAN BOARD"), which is charged with determining the placement of RAN equipment within the COUNTY, coordinating acceptance, delivery and installation, and developing procedures for the use and maintenance of the equipment, and WHEREAS, COUNTY, in cooperation with USER, the RAN BOARD and the Department of Justice, has developed a local network ("SYSTEM") to access CAL-ID, and WHEREAS, it is recognized that new users may, from time to time, require access to SYSTEM. NOW, THEREFORE, .COUNTY and USER agree as follows: I. Exhibit "A" (USERS of the CAL-ID Automated Fingerprint Identification System) and "B" (Orange County Local RAN Board Operating Policies) are attached hereto and incorporated herein by reference. 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 II. A SYSTEM has been established in COUNTY, and all right, title and interest to SYSTEM shall remain with COUNTY. The configuration, current and future, of the SYSTEM will be approved by the RAN BOARD. a) The SYSTEM will comprise two areas of cost components for which COUNTY will establish and maintain separate special revenue funds in the County Treasury and outside ~f the'County General Fund and keep separate accounting records. (1) SYSTEM REPLACEMENT AND UPGRADE COSTS "SYSTEM COSTS" will include (i) the costs of acquisition and installation of equipment necessary or appropriate for SYSTEM replacement or upgrading, less State or Federal subvention, if any; (ii) finance costs; (iii) any other costs related to the replacement or upgrading of all or part of the system, inc. luding indirect costs incurred by the COUNTY's Sheriff'- Coroner or other COUNTY department. b) (2) SYSTEM ON-GOING OPERATIONAL COSTS "OPERATIONAL COSTS" will include: (i) those costs needed to maintain the central'computer and related equipment and any Local Input Terminals, Electronic work stations, or other equipment deemed by the RAN Board to be part of the SYSTEM; (ii) costs for Personnel, telecommunication and other services and supplies for the SYSTEM operation; and (iii) any costs related to operation of the SYSTEM, including indirect costs incurred by COUNTY's Sheriff-Coroner or other COUI~Y department. COUNTY shall deduct the administrative costs of the County Treasurer, as defined in Government Code section 270 i3, from interest or income earned on the money in the 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 c) d) e) SYSTEM COSTS and OPERATIONAL COSTS special revenue funds, on the same basis as COUNTY deducts administrative costs from interest or income earned on other moneys invested by the County Treasurer. If County Treasurer, at the recommendation of the RAN BOARD, elects to invest, deposit or otherwise handle money in the SYSTEM COSTS or OPERATIONAL COSTS special revenue funds 'separately from moneys in other investment pools in the County Treasury, COUNTY shall deduct any additional administrative costs attributable to such separate investment, deposit or handling of the moneys from the interest or income earned on said moneys, pursuant to Government Code Section 27013. The Primary purpose of the SYSTEM shall be to serve all law enforcement agencies in COUNTY. Additional law enforcement agencies may be added as users to SYSTEM and USERS may be removed from SYSTEM as conditions warrant. COUNTY may, upon recommendation of the RAN BOARD, enter into contracts for the acquisition of equipment, including financing therefor, and for service or maintenance of equipment as may be necessary to effectuate the purposes and objectives of this AGREEMENT. COUNTY and USER(S) designate the RAN BOARD to determine whether or not users shall be added to, or removed from the SYSTEM pursuant to the criteria in Penal Code Section 11112.4; to consult with the COUNTY and USER to determine future modification of the SYSTEM; and to develop operational policies for the SYSTEM in accordance with the terms and conditions of this AGREEMENT. III. This Agreement shall remain in effect until June 30, 2006, and shall continue for additional periods of ten (10) years each, unless the goveming bodies of either COUNTY or a majority of the then USER(S) votes not to continue the Agr~ment at a meeting or meetings held more than one year before the expiration of any ten-year period and nOtifies ali existing USER(S) not 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 less than thirty (30) days prior to the end of the ten-year period. Notwithstanding the foregoing, this Agreement may be terminated at the end of any fiscal year (June 30) by any USER, as to that party, by serving written notice of termination to the RAN BOARD not less than one year in advance of USER'S intention to terminate the Agreement. The RAN BOARD shall promptly notify COUNTY and other USERS. Such termination shall not relieve the USER of any financial obligation 'assumed under this Agreement other than for future operational costs. IV: a) COUNTY shall: Negotiate or bid, as appropriate, and enter into agreements as contemplated by Section II.e. of this Agreement and make payments thereunder. b) Enter into agreements with new users which receive approval from the RAN Board to access SYSTEM, provided that: (1) Any new user shall execute this Agreement. (2) Any additional terms, conditions, modifications and costs for entry shall be included in an addendum to the Agreement. Said addendum will address any direct or indirect costs for previously incurred costs of the existing SYSTEM to be paid by new USER. Payment of indirect costs may take the form of improvement or modification of the SYSTEM for the benefit of all USERS. (i) The RAN BOARD shall determine the appropriate terms, conditions and costs to be included in said addendum. c) Arrange financing to fund SYSTEMreplacement or upgrade costs. Such financing shall have a ten-year term, be fully or time-price differential amortizing and be obtained at the lowest rate reasonably obtainable. d) Appropriate and expend moneys in the Automated Fingerprint Identification Fund in the County Treasury in accordance with the limitations of Government Code Section 76102, as it now exists and may hereatter be amended; and annually during the County's budget hearings, consider the recommendations of the RAN BOARD about 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e) g) h) V. how moneys in the Automated Fingerprint Identification Fund should be appropriated and expended. Establish and maintain two separate special revenue funds in the County Treasury outside the County General Fund, one solely for SYSTEM COSTS and the other solely for OPERATIONAL COSTS, and maintain separate accounting records for each of these special revenue funds. Expend moneys: (1) In the SYSTEM COSTS special revenue fund only for those costs described in Section II. a) (1) of this Agreement and in accordance with the recommendations of the RAN BOARD. (2) In the OPERATIONAL COSTS special revenue fund only for those costs described in Section II..a) (2) of this Agreement and in accordance with the recommendations of the RAN BOARD. Credit all interest earned by moneys in the SYSTEM COSTS special revenue fund to the SYSTEM COSTS special revenue fund, and credit all interest earned by'moneys in the OPERATIONAL COSTS special revenUe fund to the OPERATIONAL COSTS special revenue fund, except that the County may deduct from said interests administrative costs in accordance with Section H. b) of this Agreement. Permit representatives of the RAN BOARD to audit the SYSTEM COSTS and OPERATIONAL COSTS special revenue funds, established pursuant to this Agreement, at least on an annual basis, and at the expense of the RAN BOARD. USER and COUNTY agree to the following: ESTIMATES OF ANNUAL PROPORTIONAL SHARES OF COSTS. An estimate of the annual proportional share of SYSTEM COSTS and OPERATIONAL COSTS to be paid by each USER (COUNTY is deemed a USER for purposes of this section) will be determined annually by the RAN BOARD based 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 b) on the percentage of the total population of all USER entities residing in each USER entity on January 3 ! of each year, as indicated in the latest edition of opulatmn ¢¢p · o Estimates for California Cities and Counties" prepared by the State of California Department of Finance California Demographic Research Unit. The estimate of COUNTY'S proportional share will be calculated based on the percentage of the total population of all USER entities residing in unincorporated areas of Orange County on , January 31 of each year: In the event the California Demographic Research unit no longer issues demographic data, the RAN BOARD shall determine the source of the population data to be used in doing the above-described calculations. (1) COUNTY will issue monthly invoices to each USER for one-twelfth of the estimate of its annual proportional share of SYSTEM COSTS and oPERATIONAL COSTS. (2) USERS will pay the estimate of their annual proportional shares of SYSTEM COSTS and OPERATIONAL COSTS on a monthly basis within thirty (30) days of receipt of invoices from the COUNTY. (3) COUNTY will credit all payments received from USERS for their proportional shares of SYSTEM COSTS to the SYSTEM COSTS special revenue fund and all payments received from USERS for their proportional shares of OPERATIONAL COSTS to the OPERATIONAL COSTS special revenue fund. SHORTFALL IN OPERATIONAL COSTS. In the event anticipated OPERATIONAL COSTS exceed in any fiscal year the sum of the estimates of USERS' proportional shares of OPERATIONAL COSTS and any other moneys appropriated to the OPERATIONAL COSTS special revenue fund, the RAN BOARD will calculate each USER'S proportional share of said shortfall using the methodology described in Section V. a) of this Agreement. COUNTY will issue an additional invoice to each USER for its proportional share of said shortfall. Each USER shall pay said invoice Within thirty (30) days of receipt. COUNTY shall credit all payments 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 c) d) received from USERS for said invoices to the OPERATIONAL COSTS special revenue fund. EXCESS SYSTEM COSTS. Unless COUNTY's Board of Supervisors and the governing bodies of a majority of the other USERS approve, the RAN BOARD shall not recommend expenditure of, and COUNTY shall not expend, in any fiscal year, moneys for SYSTEM COSTS in excess of the sum of (1) the total funds available in the SYSTEM COSTS special revenue fund at the beginning of the fiscal year, (2) the total revenue anticipated for SYSTEM cOsTs as a result of State and Federal subvemions and (3) the total payments anticipated to be received from USERS for their estimated proportional shares of SYSTEM COSTS in that fiscal year (hereinafter called "EXCESS SYSTEM COSTS"). If COUNTY's Board of Supervisors and a majority of the governing bodies of the other USERS approve, the RAN BOARD may recommend expenditure of, and COUNTY may expend or encumber, EXCESS SYSTEM COSTS. The RAN BOARD shall calculate each USER's proportional share of EXCESS SYSTEM COSTS using the methodology described in Section V. a) of this Agreement. COUNTY will issue an additional invoice to each USER for its proportional share of EXCESS SYSTEM COSTS. Each USER shall pay said invoice within thirty (30) days of receipt. COUNTY shall credit all funds received fi-om USERS in payment of said invoices to the SYSTEM COSTS special revenue fund. NEW USER ASSESSMENTS. In addition to the foregoing costs, any new USER desiring to execute this Agreement in order to become a member of the SYSTEM shall be assessed and shall pay in full an amount to offset previously-incurred SYSTEM COSTS that were borne by existing USERS. The amount of said · 7 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e) assessment shall be determined by the RAN BOARD in accordance with Section IV. b) (2) of this Agreement. COUNTY shall invoice the new USER for said assessment. New USER shall pay said invoice in full within 30 days of receipt. COUNTY shall credit all payments received from new USERS for said invoices to the SYSTEM COSTS special revenue fund. NON-PARTICIPANT COSTS. All cities will be encouraged to make use of and support the SYSTEM. However, the RAN BOARD may make payment of certain OPERATIONAL COSTS AND SYSTEM COSTS a condition of use ofthe SYSTEM by cities or other entities that have not executed this Agreement. The costs to be charged to such non-participants shall be determined by the RAN BOARD annually. COUNTY shall invoice non-participants for said costs. COUNTY shall credit all payments received from non-participants for such invoices to the SYSTEM COSTS or OPERATIONAL COSTS special revenue funds, as directed by the RAN BOARD. // // // // // // // // // // // . // // // 1 2 3 5 6 7 8 9 '10 1! I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each of which shall be for all purposes deemed an original thereof. DATED ,199 COUNTY OF ORANGE SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM]ENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD BY CHAIRMAN, BOARD OF SUPERVISORS Kathleen E. Goodno CLERK OF THE BOARD OF SUPERVISORS APPROVED AS TO FORM: Laurence M. Watson, Acting Chief Assistant COUNTY COUNSEL BY ,~' .,, DEPUTY Dated: ~ ~r~ ,19~" Dated: CITY OF BY APPROVED AS TO FORM LOIS E. City Attorney 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Exhibit A USERS of the CAL-ID Automated Fingerprint Identification System The City Off Anaheim Brea Buena Park Costa Mesa Cypress Dana Point Fountain Valley Fullerton Garden Grove Huntington Beach Irvine Laguna Beach Laguna Hills Laguna Niguel Lake Forest La Habra La Palma Los Alamitos Mission Viejo Newport Beach Orange Placentia 1 San Clemente 2 San Juan Capistrano 3 Santa Ana 4 Seal Beach 5 Stanton 6 Tustin 7 Villa Park 8 Westminster 9 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 1.0 2.0 Exhibit B Orange County Local RAN Board Operating Policies As used in this Policy: 1.1 "Full Use Access Agency" (FUAA) will mean the Orange County Sheriff-Coroner Department. 1.2 "Participating Agency" means a local law enforcement .agency contributing to the cost of the operation of the Orange County CaMD System. 1.3 "Host Agency" means a participating agency in which a Local Input Terminal (LIT) has been placed by the Local RAN Board to serve a specific geographical area of the County, herein called "Region". 1.4 "Trained Operator" means a person trained by the Orange County Cai-ID vendor, the Department of Justice or any designee of the Local RAN Board to input latent or ten print fingerprint cards, perform inquiry operations and generate candidate lists as a result of inquiry operations. Each trained operator will have a system security password assigned to him. "Latent Print Examiner" means a person with the skills, knowledge and abilities to perform latent fingerprint to inked fingerprint comparisons. 1.5 POLICIES AND PROCEDURES 2.1 2.1.1. . Responsibilities of Host Agencies. Host Agencies accept the following conditions for the hosting of a Local Input Terminal: The Host Agency will provide 24-hour, 7 day a week access to participating agencies trained operators within the LIT region. The Host Agency will provide latent print comparison services for those regional participating agencies without a latent print examiner in that agency. This service ~411 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 3.0 4.0 . . o be available Monday through Friday during business hours, and will be at no charge to the participating agency. The Host Agency will provide adequate power, air-conditioning and space to provide a suitable working environment for the LIT and personnel operating the LIT. The Host Agency will provide a schedule of times for LIT used by participating agencies within the region which will be designed to prevent undue burdens upon the capacity of the FUAA. This schedule will be coordinated among all the Host Agencies and FUAA. Local Input Terminals will be located at locations determined by the Orange County RAN Board. Responsibilities of Participating Agencies 3.1 Participating agencies will have the following responsibilities: 3.1.1. A participating agency will declare its intent to which Host Agency it will use, or it may use the FUAA at the Sheriff-Coroner Department. 3.1.2. Prior to latent inquiry into the Cal-ID System all latent prints collected at crime scenes will be examined to determined if the latent print is identifiable; all latent prints will be examined to determine if they represent finger friction ridge detail; whenever possible latent prints will be compared to those individuals having legitimate access to a crime scene so-called "elimination" prints. 3.1.3. Agencies must agree to comply with system audit procedures adopted by the Local RAN Board, including keeping appropriate workload and identification statistics deemed necessary by the local RAN Board. Priority Services: 4.1 The users agree to use the following priorities when using the Orange County Cai-ID 2 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 5.0 6.0 System. Ten Print Services Priority 1' Priority 2: Priority 3' In-custody suspects. Central site registration uses. All other inquiries. Latent Services Crimes against persons Upgraded crimes against property. Routine latent inquiries. In no case will Priority 3 latent inquiries be upgraded to Priority 1. 4.2 Account Numbers / Security Codes: Each participating agency contributing to this system will be assigned a control account number. The manager of the FUAA will assign a security code to each trained operator. An account may have more than one trained operator. 4.3 Access to Orange County Cai-ID System Participating agencies shall not permit aCCess to the system by non-participating agencies, unless specifically authorized by the local RAN Board Retention of Latent Prints: 5.1 Latent prints entered by a participating agency will be retained within a file at the FUAA for searching after each ten-print addition. The criteria for latent print · retention in this file will be jointly agreed upon by the FUAA staff and other participating agencies. Addition ofTen-Print Card: 6.1 Ten-Print cards will be added to the data base at the FUAA only. If a the ten-print card is retained by the FUAA for use by. other agencies, it will be the original card used for registration, otherwise all original cards will be returned to the submitting agency. 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 7.0 8.0 Allocation of Inquiries: 7.1 In the event that the number of inquiries exceeds the capacity of the system, the following allocation of inquiries will be used: 7.1.1 All Priority 1 and PriOrity 2 inquiries will be permitted. 7.1.2. Priority 3 inquiries will be restricted to those latent prints collected pursuant to an investigation of a "felony". The Local RAN Board will adopt additional allocation policies as needed in the event that the number of inquiries continue to exceed the capacity of the System. 7.1.3 Modifications to OPerating Policies 8.1 Operating policies can be modified by a majority vote of the Local RAN Board members at a duly constituted meeting.