HomeMy WebLinkAboutC-3091 - Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System (CAL-ID)-3o/
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JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION
OF THE ORANGE COUNTY
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
THIS AGREEMENT, made and entered into the g'#) day of �u/y
19 9% , is by and between the County of Orange, a political subdivision of the State of California,
hereinafter "COUNTY," and the City of Net -veer+ B'ac 11 , 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.
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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 of 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, including indirect costs incurred by the COUNTY's Sheriff -
Coroner or other COUNTY department.
(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 COUNTY department.
b) COUNTY shall deduct the administrative costs of the County Treasurer, as defined in
Government Code section 27013, from interest or income earned on the money in the
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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.
c) The primary purpose of the SYSTEM shall be to serve all law enforcement agencies
in COUNTY.
d) Additional law enforcement agencies may be added as users to SYSTEM and USERS
may be removed from SYSTEM as conditions warrant.
e) 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.
f) 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 governing bodies of either COUNTY or a
majority of the then USER(S) votes not to continue the Agreement at a meeting or meetings held
more than one year before the expiration of any ten-year period and notifies all existing USER(S) not
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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. COUNTY shall:
a) 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 SYSTEM replacement 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 hereafter be amended; and annually during the
County's budget hearings, consider the recommendations of the RAN BOARD about
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how moneys in the Automated Fingerprint Identification Fund should be
appropriated and expended.
e) 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.
f) 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.
g) 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 II. b) of this Agreement.
h) 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.
V. USER and COUNTY agree to the following:
a) 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
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on the percentage of the total population of all USER entities residing in each USER
entity on January 31 of each year, as indicated in the latest edition of "Population
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.
b) 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
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received from USERS for said invoices to the OPERATIONAL COSTS special
revenue fund.
c) 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
d)
(1)
(2)
(3)
the total funds available in the SYSTEM COSTS special revenue fund at the
beginning of the fiscal year,
the total revenue anticipated for SYSTEM COSTS as a result of State and
Federal subventions and
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 from 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
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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.
e) 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 of the 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.
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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
=� 3 , 199 7- CO UI'1 OF ORANGE
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
A?T
gRLENE J. BLOOM
CLERK OF THE BOARD OF SUPERVISORS
APPROVED AS TO FORM:
Laurence M. Watson , Acting Chief Assistant COUNTY COUNSEL
BY
CH
Dated:
BOARD OF SUPERVISORS
Dated: , 19 q (P CITY OF . " PC r * (?<OC_ i)
9
BY
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Exhibit A
USERS of the CAL -ID Automated Fingerprint Identification System
The City Of
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
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San Clemente
San Juan Capistrano
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
Westminster
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Exhibit B
Orange County Local RAN Board Operating Policies
1.0 As used in this Policy:
1.1
1.2
1.3
1.4
1.5
"Full Use Access Agency" (FUAA) will mean the Orange County Sheriff -Coroner
Department.
"Participating Agency" means a local law enforcement agency contributing to the cost
of the operation of the Orange County Cal -ID System.
"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".
"Trained Operator" means a person trained by the Orange County Cal -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.
2.0 POLICIES AND PROCEDURES
2.1 Responsibilities of Host Agencies.
Host Agencies accept the following conditions for the hosting of a Local Input
Terminal:
2.1.1. The Host Agency will provide 24-hour, 7 day a week access to participating agencies
trained operators within the LIT region.
2. The Host Agency will provide latent print comparison services for those regional
participating agencies without a latent print examiner in that agency. This service will
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be available Monday through Friday during business hours, and will be at no charge to
the participating agency.
3. 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.
4. 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.
5. Local Input Terminals will be located at locations determined by the Orange County
RAN Board.
3.0 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.
4.0 Priority Services:
4. I The users agree to use the following priorities when using the Orange County Cal -ID
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System.
Ten Print Services Latent Services
Priority 1: In -custody suspects. Crimes against persons
Priority 2: Central site registration uses. Upgraded crimes against property.
Priority 3: All other inquiries. 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 Cal-1D System
Participating agencies shall not permit access to the system by non -participating
agencies, unless specifically authorized by the local RAN Board
5.0 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.
6.0 Addition of Ten -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.
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7.0 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".
7.1.3 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.
8.0 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.
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