AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY' S
CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK
THIS AGREEMENT (" Agreement") is madeandenteredinto 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 Chula Vista, a municipal corporation, hereinafter referred to as the " CITY."
RECITALS
A. The state of California Department of Justice maintains an automated system for retainingandidentifyingfingerprints, palmprints, andphotos, saidsystembeing 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 accessto CAL -ID.
C. The San Diego County Sheriffs Department, hereinafter referred to as "SHERIFF," is theCOUNTY' Sproprietary agencyfor SanDiego County'sCalifornia Identification System/ Remote Access Network, hereinafter referred to as " CAL- ID/ RAN."
D. The COUNTY' 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 termsandconditions.
1. SCOPE OF SERVICE
SHERIFFshall provide CAL- ID/RAN servicesfor the CITY, including all tenprint, fingerprint, palm print, 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 systemenhancementsauthorizedby the RAN BOARD.
2.1.10. Othercostsnecessaryfor theoperationfor CAL -ID asauthorizedby the RAN BOARD.
2.2. The COUNTY will adjust the CAL - ID Operational Costs annually.
2.3. TheCOUNTY may makea GeneralFundContribution to offset CAL -ID Operational Costs.
2.4. TheRAN BOARD may authorizethe transferof 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- 1D/RAN, basedupon the following formula:
3. 1. The CITY' S CAL - ID Cost Allocation Percentage is the mean of the CITY' S percentageof total countypopulation andtheCITY' S percentageof Number of FBI Crimes.
3. 1. 1. The CITY' S percentageof total Countypopulationshall bebasedon 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," containedin "Thirty Yearsof Crime in the SanDiego Region" report, which is published annually.
3.2. This percentageshall be adjustedannually usingthemostrecentSANDAG data.
The data for the first year of this Agreement has been set forth as Attachment A hereto.
3.3. The CITY agreesto theuseof SANDAG "Thirty Yearsof 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.
Suchestimate, when approvedby the CITY andthe Sheriff, acting onbehalf 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 estimatedongoingnet CAL -ID OperationalCostsandshall pay theCOUNTY for theaforementionedcostswithin thirty daysfrom thedateof the invoice for such costs.
3.8. Actualongoingcostsshallbecalculatedattheendof eachfiscalyear. 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 separateaccountabilityfor purposesof 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 agenciesin SanDiego County.
4.2. The RAN BOARD may add or remove law enforcement agencies from CAL- ID/ RAN.
4.3. ParticipatingCITIES, andtheCOUNTY, shall abideby all StateandFederal statutes, as well as all policies adopted by the COUNTY, the State of California, or theLocal RAN Board concerningthe security, privacy, anddisseminationof anyandall tenprint, fingerprint, palm print, andphoto 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 pertainingto theservicesthat the COUNTY provides to the CITY underthis Agreement. The CITY shall observe and abide by all of the contractual duties of theCOUNTY underanysuchrelevantVendor Contract. However, notwithstandingsuchundertaking, theCITY shall haveno rights to enforcesuch 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 beneficiaryprinciples.
4.5. Operationalpolicy shallbe establishedandmodified asdeemedappropriateby the Local RAN BOARD. This policy shall ensure that eachuser is treated equitably, with primary considerationbasedon eachuseragency'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 continueforwarding electronicprints submittedvia live scans for arrests to the Department of Justice as required by law.
4.9. This Agreementincorporatesby reference: California PenalCodeSection 11112.1et seq. andanyrelatedlegislationenactedthereto; StateDepartmentof 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 OperatingPolicies.
5. AMENDMENTS OR MODIFICATIONS
This Agreementmay only bemodified, amended, or otherwisechangedby an amendmentin writing executedby theCITY andthe COUNTY.
6. TERMINATION
Notwithstandinganyothersectionorprovisionof thisAgreement, eitherpartyhereto mayterminatethisAgreementbygivingaone-yearadvancewrittennoticeof intentionto terminate.
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 shallnot beliable for, andtheCITY shall defend, indemnify andhold the COUNTY, its officers, agentsandemployees, harmlessfrom any andall claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, chargesor costsof anykind or character, including attorneys' feesandcourt costs (hereinaftercollectively referredto as "Claims"), related to the perfonnance 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 causedby theconcurrentnegligent 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 pursuantto actiontakenby its Boardof Supervisors, andtheCity of ChulaVista executes this AGREEMENT, pursuantto actiontakenby the City Council.
COUNTY OF SAN DIEGO
By By
Jerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY
By
Deputyb6untyCounsel
Approvedand/or authorizedbythe
Board of Supe sors f the of t , f San Diego.
Meetln Date:a Minute Orde N .
By. Date. Jy
D Clerk Board uperVISOrs
APPROVED AS TO FORM AND
LEGALITY
By , OutCity AttorR>,
City
Carlsbad
Chula Vista
Coronado
Del Mar
EI Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Solana Beach
Vista
Unincorporated
Attachment A
Cal - ID Cost Allocation
Based on Population and Crime
Fiscal Year 2019- 2020
Population
114, 622
267, 503
21, 683
4, 322
105, 557
63, 158
151, 478
28, 163
61, 261
26, 834
62, 257
177, 362
50, 207
1, 419, 845
95, 768
56, 994
13, 938
103, 381
468, 620
Of
of County FBI Number County
Population of Crimes Crime Mean of Ws
3. 48% 2, 346 3. 55% 3. 51%
8. 12% 4, 446 6. 72% 7. 42%
0. 66% 332 0. 50% 0. 58%
0. 13% 132 0. 20% 0. 17%
3. 21% 2, 784 4. 21% 3. 71%
1. 92% 908 1. 37% 1. 65%
4. 60% 3, 271 4. 94% 4. 77%
0. 86% 431 0. 65% 0. 75%
1. 86% 1, 209 1. 83% 1. 84%
0. 81% 623 0. 94% 0. 88%
1. 89% 1, 472 2. 22% 2. 06%
5. 39% 4, 505 6. 81% 6. 10%
1. 52% 573 0. 87% 1. 20%
43. 12% 32, 776 49. 53% 46. 33%
2. 91% 1, 254 1. 90% 2. 40%
1. 73% 996 1. 51% 1. 62%
0. 42% 229 0. 35% 0. 38%
3. 14% 1, 827 2. 76% 2. 95%
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 -NineYearsof Crimein the San DiegoRegion: 1980through2018" Publishedin May2019 Attachment B
Cal -ID Contract Projections by Agency - FY 2019- 2020
Revenue
County General Gund Contribution $ 716, 000
Transfer from Trust Fund $ 5, 200, 659
User Fees $ 716, 000
Total Funding $ 6, 632, 659
Overhead
Allocated Overhead On County Salaries and Benefits $ 353, 099 Expenses
County Salaries and Benefits $ 2, 156, 237
Services and Supplies $ 4, 018, 723
Fixed Assets Expense $ 430, 000
i otai txpenses
User Fee Allocation
City/ Jurisdiction
6, 604, 960
Allocation Estimated FY
Percentaqe 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
EI 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 100. 00% $ 716, 000. 00