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03-012 MOU Automated Fingerprint Identification SystemE ~ ~ G~ F.D:BD:CBM 4/30/02 ~ '~ !~ ~~~~~~~ REGARDRING THE OP'ERAT ON OF THE ~,~~~~~~ AND TO ROVIDE LOCA.LRLAV~[ENFO CEMENT AGENC ES ACCESS TO THE CALIFORNIA. IDENTIFICATION SYSTEM This Memorandum of Understanding Regarding the O~ieration of the Automated Fingerprint Identification System and to provide Local Law Enforcement Agencies access to the California Identification System is made and entered into this __day of0 CT o 8 200?2002, by and among the COUNTY OF SANTA CLARA, a county of the State of California ("County"), the CITY OF CAMPBELL, a municipal corporation, the CITY OF C'UPERTINO, a municipal corporation, the CITY OF GILROY, a municipal corporation, the CITY OF L.OS ALTOS, a municipal corporation, the TOWN OF LOS ALTOS HILLS, a municipal corporation, the TOWN OF LOS GATOS, a municipal corporation, the CITY OF MILPITAS, a municipal corporation, the CITY OF MONTE SERENO, a municipal corporation, the CITY OF MORGAN HILL, a municipal corporation, the CITY OF MOUNTAIN VIEW, a municipal corporation, the CITY OF PALO ALTO, a~ municipal corporation, the CITY OF SAN JOSE, a municipal corporation, the CITY OF SANTA CLARA, a municipal corporation, the CITY OF SARATOGA, a municipal corporation, and the CITY (~F Si;fNNYVALE, a municipal corporation (hereinafter collectively referred to as "Incorporated Cities"). RECITALS Whereas, on Apri126 1988, the County and Incorporated Cities entered into an "Agreement to Provide Local Law Enforcement Agency Access to the Califorrria Identification System" which Agreement has been amended from time to time (CAL-ID Agreement); and Whereas, on May 20, 1997, the County and City of Saz- Jose entered into a "Memorandum of Understanding Regarding the Acquisition and Operation of the Automated Fingerprint Identification System between the City of San Jose and the County of Santa Clara" (AFIS Agreement); and Whereas, County, City of San Jose, and other Incorpor;~ted Cities desire to mutually share the cost of operation and maintenance of both the CAL-ID Program and AFIS Program, the combined program will retain the CAL-ID Program name; and Whereas, County and Incorporated Cities desire to set i'orth their respective obligations with respect to the operation and maintenance of the CAL-ID and AFIS Program ("Consolidated Program"); NOW, THEREFORE, County and Incorporated Cities hereby agree as follows: SECTION 1. AGREEMENT DOCUMENTS The documents forming the entire agreement between the Incorporated Cities and County shall include the following: EXHIBIT A Cost Responsibilities EXHIBIT B Operational Responsibilities EXHIBIT C Statement of Assets EXHIBIT D Defmitions 163559 3. DOC :tD:BD:~'BM 4/30/02 This Agreement and the Exhibits set forth above, contain all of the agreements, representations and understandings of the parties hereto, and supersede and replace any previous understandings, commitments, or agreements, whether oral or written, specifically including but not limited to the CAL-ID Agreement and the AFIS Agreement. SECTION 2. TERM OF AGREEMENT The Effective Date of this Agreement shall be the date that it has been executed by both the County of Santa Clara and the City of San Jose, and as to the other Incorporated Cities in accordance with the provisions of Section 8 of this Agreement. The Agreerent shall continue in effect until it has been terminated by the agreement of the parties. SECTION 3. COST RESPONSIBILITIES County and the Incorporated Cities agree to share the costs of the CAL-ID Program operation according to the provisions of Exhibit A, Cost Responsibilities, which is attached hereto. SECTION 4. OPERATION OF SYSTEM The City of San Jose agrees to operate the CAL-ID Program in accordance with provisions of Exhibit B, Operational Responsibilities, which is attached hereto. SECTION 5. FINANCIAL REPORTS/RIGHT TO AUDIT A. The County and the Incorporated Cities shall establish and maintain, in accordance with generally accepted accounting principles, a complete record of all fmancial transactions related to this Agreement. B. The County and the Incorporated Cities agree that Amy duly authorized representative of any of the parties, upon reasonable advance notice, shall have access and the right, to audit, examine, and make excerpts or transcripts of or from records, and to make audits of all contracts, subcontracts, invoices, payrolls, conditions of employment, materials, and all other data or financial records relating to matters covered by this Agreement. County and In~~orporated Cities agree that any party's authorized representatives, at any time, upon reasonable advance notice, during normal business hours, shall have access to and right to examine the offices and facilities engaged in performance of this Agreement. C. County and Incorporated Cities further agree that tree right to examine or audit shall continue for three (3) years after the expiration or termination of this ,agreement, or for such longer period, if any, as is required by applicable law. County and Incorporated Cities shall preserve and make available records (a) until the expiration of three years from the date ~of expiration or sooner termination of this Agreement, or (b) for such longer period, if any, as is required by applicable law. SECTION 6. IRREPARABLE DAMAGE TO EQU[PMENT A. In the event that the local RAN equipment and/or A,FIS equipment, or any portion thereof, is destroyed or damaged beyond repair, replacement equipment shall be purchased. Except as provided in Subsection B, the cost of replacement equipment shall be allocated among all parties, based upon each party's Allocated Percentage as set forth in Section A.4 of Exhibit A. B. In the event local RAN equipment and/or AFIS equipment, or any portion thereof, is destroyed or 163559 3.DOC 2 RD:BD:~BM 4/30/02 damaged beyond repair due to the willful misconduct of an employee or agent of the County and/or any of the Incorporated Cities, their officers, agents, and employees, in which event, the replacement cost shall be borne by the County or applicable Incorporated City(s), whichever is responsible for such damage. SECTION 7. MUTUAL INDEMNIFICATION ANID HOLD HARMLESS Each Party shall contribute to the cost of any claim, loss, liability or defense costs, including reasonable attorney's fees, arising out of or resulting in any way from the operation of the local RAN or AFIS equipment by the County or any Incorporated City(s), it's officers, agents, or employees, excepting acts of willful misconduct by the County or any Incorporated (~ity(s), it's officers, agents, or employees. Such costs shall be allocated among the parties, based upon e;ach party's Allocated Percentage as set pursuant to Section A.4 of Exhibit A for the fiscal year in which the claim is made. SECTION 8. EXECUTION AND EFFECTIVENE:iS This Agreement shall be binding on the City and Counl:y from the Effective Date. This Agreement shall be additionally binding as to the parties and each of the Incorporated Cities as of the date that the individual Incorporated City has executed a Signature ~~ddendum. APPROVED AS TO FORM CITY OF SAN JOSE ~ ,, ~1 By: ~,~~~ . ~~Z~ ~ I k~l~l.~~ rian Doy e Patricia L. O'Hearn Senior Deputy City Attorney City Clerk PASSED AND ADOPTED bx the Board of Supervisors of the County of Santa Clara, State of California on r' ZOU 2002 by the following vote: AYES Supervisors ALVARADO, BALL. ~r-C.~~ ~T-~~9 `~'°~'~~ NOES Supervisors ~+~~ 7 ABSENT Supervisors ~~ s DONALD F. GAGE Ch erson Board of Supervisors ATTEST PHYLLIS A. PEREZ, Clerk Board Supervisors Ann Sloan Chief Deputy CIQr'k of the Board of ~~ ~c3ervisors APPROVED AS TO FORMAND LEGALITY ~ ~ 2. Swa" Date Dep1(ity County Counsel 163559 3 DOC 3 'ttD:BD:GBM 4/30/02 MEMORANDUM OF 17NDERSTANDING REGARDING THE OPERATION OF THE AUTOMATED FINGERPRINT ][DENTIFICATION SYSTEM AND TO PROVIDE LOCAL LAW ENFORCEMENT AGENCIES ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM SIGNATURE ADDENDUM By executing below the undersigned Incorporated City acknowledges and accepts the terms and conditions of the Memorandum of Understanding Reg~~rding The Operation Of The Automated Fingerprint Identification System And To Provide Loc~~l Law Enforcement Agencies Access To The California Identification System which has been appro~~ed by City Council of the City of San Jose and the Board of Supervisors of the County of Santa Clara, and executed by City and County and is on file in the Office of the City Clerk of the City of San Jose. INCORPORATED CITY By: _ Name: Title: Date: 163559_3.DOC 4 itD:BD:CBM 4/30/02 EXHIBIT A COST RESPONSIBILITIES A.1 LOCAL POLICY BOARD A. Pursuant to California Penal Code Section 11112.4, a local, remote access network board, known as the "Santa Clara County CAL-ID RAN Policy Boaz•d" ("Local Policy Board"), has been established, which is currently composed of the following members: a member of the Board of Supervisors, the Sheriff, the District Attorney, the Chief of Police of'the department having the largest number of sworn personnel within the county, a Chief of Police selected by all of the Police Chiefs within the County, a Mayor selected by City Selection Committee established pursuant to California Government Code Section 50270, and amember-at-large chosen by the other members. B. Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall: 1. Establish policies and procedures necessary to implement the purposes of this MOU. 2. Establish a budget and approve expenditures consistent with the terms of this MOU. 3. Determine and coordinate the purchase, acceptance, placement, installation, use, maintenance, replacement, disposition of, and all other matte~•s concerning the local AFIS and all local RAN equipment within the County, adhering to the p~alicy guidelines and procedures adopted by the California Department of Justice. 4. Develop procedures to regulate the ongoing use: and maintenance of the local AFIS and the local RAN equipment adhering to the policy guidelines and procedures adopted by the California Department of Justice; and 5. Determine the placement of personnel funded by the CAL-ID Program. A.2 ADMINISTRATION The City of San Jose has been and shall continue to be the general administering agency for the CAL-ID Program. The City of San Jose has been and shall continue to provide fiscal management of the CAL-ID Program fund and expenditures, including but not limil:ed to: (1) establishing the interest-bearing accounts pursuant to Exhibit B into which shall be deposited all funds received under this MOU and from which shall be paid all costs and expenses incurred under this MOU; (2) billing each party for that party's share of the costs under this MOU; (3) providing each of the parties and the Local Policy Board with periodic reports and an annual financial report at the end of each fiscal year; and (4) payment of all Local Policy Board expenses. A.3 COSTS Cost components of the CAL-ID Program in Santa Clara County include: (i) new equipment costs; (ii) annual operating costs, and (iii) miscellaneous costs related to the operation of the CAL-ID Program not included in Subparagraphs (i) and (ii). For purposes or this MOU, "annual operating costs" shall include, but not be limited to, the cost of personnel, supplies, materials, utilities, maintenance, repair, training, and other costs incurred in the annual operation of the CAI, ID Program. A.4 ALLOCATED PERCENTAGES 163559 3.DOC 5 RD:BD:CBM 4/30/02 ' All costs of the CAL-ID Program as set forth in subsection B.1, above, shall be allocated among the parties to the MOU based on each party's percentage s:haze of the total population of all agencies participating in in the CAL-ID Program, with the exception of the Santa Claza County District Attorney's Office whose share will be 26.8 % of the entire budget. The initial Allocated Percentages aze documented in Attachment A of this MOU. Thereafter, on an annual basis, the Board shall recalculate the Allocated Percentages based upon the population figures used for allocating these costs shall be established by the most recent State of California Department of Finance Population Estimate;. For the purpose of this MOU, the Santa Clara County shaze of population shall be the population of tike unincorporated area of Santa Claza County. A.5 ANNUAL BUDGET 1. Prior to the commencement of any fiscal yeaz, the City of San Jose shall estimate the costs for that fiscal year. The estimated annual budget shall be approved, disapproved or amended by the Local Policy Boazd. 2. On or before May 1 of the preceding fiscal year, the City of San Jose shall notify each party of its shaze of the estimated costs for the succeeding year, which shall be allocated among the parties in the manner prescribed in Section B.2(1) above. 3. Payments required to be paid under this Section shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, on or before July 15 of the fiscal year for which the payments are due. 4. Payments made pursuant to this MEMORANDUM ~0F UNDERSTANDING shall be nonrefundable and shall not be returned to any party unless all parties agree to terminate this MEMORANDUM OF UNDERSTANDING and to discontinue the CAL-II) Program in Santa Clara County. 5. Payments shall be deposited in interest bearing trust accounts maintained by the City of San Jose for benefit of the CAL-ID Program, with any earned interest being applied to the account. The City of San Jose shall serve as the trustee of the accounts and shall have the authority to deposit and withdraw funds from the accounts to pay for costs according t~~ the annual budget approved by the Local Policy Boazd. 6. Reserve Fund. The Local Policy Board has since 1988 maintained in a separate interest bearing trust account a reserve fund ("Reserve") that has accrued since 1988 from budget surpluses and interest accrued on the corpus of the fund. The Reserve funds shall be held in interest bearing trust account for benefit of the CAL-ID Program. The City of San Jose shall serve as the trustee of the account and shall have the authority to deposit and withdraw funds from the account. The Local Policy Board shall develop written policies regarding the maintenance rind use of the Reserve. The Local Policy Board shall have the authority to maintain this Reserve and to use funds from it for the purpose of paying any of the costs required under this Agreement. 163559 3.DOC 6 RD:BD:CBM 4/30/02 A.6 BUDGET ADJUSTMENTS If, in any fiscal year, the actual annual costs are higher than as previously determined by the Local Policy Board, the Local Policy Board, with the assistance of tY~e City of San Jose, shall determine the additional amount needed to meet the costs for that fiscal year. Erich party shall contribute its share of the additional amount, which share will be based on the party's perce~itage share of the total population of all parties participating in the CAL-ID Program. The additional payments shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department within thirty (30) days of billing. A.7 EMPLOYEES The City of San Jose shall provide such employees as the Local Policy Board considers necessary to the efficient operation of the CAL-ID Program. The persons provided by the City pursuant to this Section shall remain employees of the City of San Jose. The salary and all fringe benefit costs incurred by the City of San Jose in the employment of persons provided pursuant to this section shall be paid for out of the payments made by the parties pursuant to Section ~~.5 at the time these costs are due and payable. A.8 RESIDUAL COSTS Each of the following parties acknowledges and agrees that the allocated costs outlined in Attachment A of this MOU are due and payable to the City of San Jo:>e under the CAL-ID Agreement. Payment shall be made to the City of San Jose no later than July 15, 2002. A.9 NEW USERS A non-participating agency seeking to participate in th~~ CAL-ID System shall be allowed to become a party to this agreement only with the approval of the Local Policy Board. In addition new participating agencies may be required to execute an addendum or amendment to the MEMORANDUM OF UNDERSTANDING by which the new agency agrees to be a party to this MEMORANDUM OF UNDERSTANDING and to be subject to all of its ternis and conditions. If the addendum or amendment does not require any greater expenditure by the City of San Jose, it maybe executed by the City Manager of the City of San Jose, who is authorized to execute tree addendum or amendment on behalf of the parties to this MEMORANDUM OF UNDERSTANDING. 163559_3.DOC 7 RD:BD:CBM 4/30/02 EXHIB](T B OPERATIONAL RE:~PONSIBILITIES B.1 PRIMARY OPERATION RESPONSIBILITY The City of San Jose shall be primarily responsible for the overall operation and maintenance of the CAL-ID Program consistent with the budget and overa~(1 direction mutually established. B.2 CITY OF SAN JOSE'S RESPONSIBILITIES City of San Jose shall provide the following services: 1. City of San Jose shall be responsible for maintaining the statistical file database of the Automated Fingerprint Identification System (APIs), includin€; but not limited to the 10-Print files and latent print files. 1. City of San Jose shall receive and verify all 10-print files from all remote sites in Santa Clara County. 2. City of San Jose shall provide continuing quality control (editing) on incoming fingerprint images with existing database records. 3. City of San Jose shall perform comparative analysis of fingerprints received from the District Attorney's Office and testify in court when requested, with reasonable notice. 4. City of San Jose shall provide statistics annually wiithin a Fiscal Year to the Local Policy Board. These statistics shall include, but not be limited to the following: 10-Print database size; unsolved latent file size; number of 10-Print and Latent queries, verifications and identifications by agency, hit rates of each, number and types of record purges, information on frequency and circumstance of maintenance calls and their resolution, and other d~~ta as may be available via the System's statistical reporting capability. The Local Policy Board has the ability to audit performance statistics at any time given reasonable notice to City of San Jose. 5. The Central Identification Unit (CTLT) shall provide, within limitations of the approved Operating Budget, 24-hour coverage 365 days a year to receive and process electronic images of fingerprints from livescan sites within Santa Clara County. CIfJ shall notify System Users and County contact of any period when coverage is not available. 6. City of San Jose shall provide power and space for AFIS equipment housed at SJPD'S CIU facilities, costs to be allocated among all Parties to the MOU, in accordance with provisions of Exhibit B. 7. City of San Jose will act as point of contact with the AFIS vendor in assuring vendor compliance with the terms of the maintenance agreement and will a:;sure that the operating system, matchers, hardware and all related components will be available in a st;~te that the operating purposes of this MOU are supported at the agreed-upon level. A process for :?4 hour per day/7day per week notification and response will be established. 8. City of San Jose is responsible for preparing, on an. annual basis, a list that outlines service priorities that will be equally applicable to all agencies that t~se C1U under this MOU. The list will recognize that a primary purpose of the System is to assure timely identification of persons being booked into 163559 3.DOC $ RD:BD:CBM 4/30/02 custody. B.3 COUNTY'S RESPONSIBILITIES County shall provide the following services: 1. County shall provide space and power for all County operated AFIS equipment which is linked to CIU. 2. County shall provide and maintain CJIC interface to AFIS. 3. County shall maintain and perform corrections to CJIC database and consolidate multiple person files. 4. County shall provide and maintain all of the communnication lines between CIU and all remote access sites of the County. 5. County shall maintain the direct telephone line between CIU and Santa Clara Department of Corrections Main Jail. B,4 INCORPORATED CITY'S RESPONSIBILITIES Incorporated Cities shall provide the following service:.: 1. Each Incorporated City shall provide space and power for their City's operated AFIS equipment which is linked to CIU. 2. Each Incorporated City shall provide their own per;~onnel that shall be responsible for rolling . fingerprints at their livescan sites. 3. Each Incorporated City shall be responsible for installation of any future communication lines and to maintain current and future communications lines between ClU and the Incorporated City. B.5 ACCESS City and County shall each have the right to seazch, to determine system status (files, statistics, and throughput). Only C1U staff has the right to register paints or to make changes to database files. Terminals outside of CIU shall not have the ability to make file changes. However, County and Incorporated Cities, if they later purchase and install such equipment, may add latent print files to the "Unsolved Latent Print" database from it's Latent Print terminal. 163559 3. DOC 9 RD:BD:CBM 4/30/02 EXHIBIT C STATEMENT OF ASSETS SAN JOSE POLICE DEPARTMENT/SANTA CLARA COUNTY LIVSCAN EQUIPMENT uanti Asset ID No. SAN JOSE POLICE DEPARTMENT 1 NIST Sever 2000 SANSOI 1 Search Processor 2000 SAMCOl 1 Data Stora e/Retrieva12000 SADSOI 1 CJIC Interface SACI01 1 In ut Station SAWSOI 2 Latent Station SALSOI, SALS02 1 Verification Station SAVSOI 4 Live Scan Stations LSS2000 SALVOI, SALV02, SALV03, SALV 12 5 Lexmark tra T614 Du lex rinter SALPOI, SALP02, SALP03, SALP12 1 Remote Communication Subs stem 1 20KVA Uninterru tible Power Su 1 1 Codonics Video Printer 30C2972B 1 NIST Archive Server/RAID U ade SANTA CLARA COUNTY 8 Remote Live Scan Station LSS2000 SALV04, SALVOS, SALV06, SALV07, SALV08, SALV09, SALV 10, SALV 11 1 Remote Latent Station SALS03 6 Lexmark Optra T614 Duplex Printer SALP0.4, SALPOS, SALP06, SALP07, SALP08, SALP11 1 Codonics Video Printer 2 Remote Communications Subs stem The above equipment was from the original acquisitior.~ of Printrak equipment. This below list equipment was procured with SB720 funds: Quanti Asset ID No. SAN JOSE POLICE DEPARTMENT 1 Remote Live Scan Station LSS3000 SALV25 1 Lexmark tra T614 Du lex Printer SALP25 SANTA CLARA COUNTY 2 Remote Live Scan Stations LSS2000 SALV21, SALV24 2 Lexmark tra T614 Du lex Printers SALP21, SALP24 1 Remote Communications Subs stems 163559 3.DOC ~ 0 RD:BD:CBM 4/30/02 LOCAL AFIS EQUIPMENT LIST uanti Asset ID No. SAN JOSE POLICE DEPARTMENT 1 1vIST Sever 2000 SANSOI 1 Search Processor 2000 SAMCOI 1 Data Stora e/Retrieva12000 SADSOI 1 CJIC Interface SACI01 1 In ut Station SAWSOI 2 Latent Station SALSOI, SALS02 1 Verification Station SAVSOI 4 Live Scan Stations LSS2000 SALVOI, SALV02, SALV03, SALV12 1 Live Scan Station LSS3000 SALV25 6 Lexmark tra T614 Du lex rinter SALPOI, SALP02, SALP03, SALP12, SALP25 1 Remote Communication Subs stem 1 20KVA Uninterru tible Power Su 1 1 Codonics Video Printer 30C2972B 1 T1IST Archive Server/R.AID U ade SHERIFF'S OFFICE 2 Remote Live Scan Station LSS2000 SALVOS, SALV24 1 Remote Latent Station SALS03 2 Lexmark tra T614 Du lex Printer SALPOS, SALP24 3 Codonics Video Printer 1 Remote Communications Subs stem MAIN JAIL 1 Live Scan Station LSS2000 Commit Desk SALV06 4 Live Scan Station LSS2000 Bookin SALV07, SALV09, SALV08, SALV 11 1 ID Station elease Area SAIDO1 1 ID Station Trans ort Area SAID02 1 ID Station 1 SAID03 3 Lexmark tra T614 Du lex Printer SALP06, SALP07, SALP08 1 Remote Communication Subs tem ELMWOOD 1 ID Station est ate SAID04 1 ID Station rocessin SAID07 1 Live Scan Station LSS2000 nused SALV 10 1 Lexmark tra T614 Printer SALP 10 1 Remote Communication Subs stem CCW 1 ID Station SAIDOS 1 Remote Communication Subs stem DISTRICT ATTORNEY'S OFFICE 1 Live Scan Station LSS2000 SALV04 1 Lexmark tra T614 Du lex Printer SALP04 Remote Communication Subs tem 163559 3.DOC 11 RD:BD:CBM 4/30/02 CAMPBELL PD 1 Live Scan Station LSS2000 SALV23 1 Lexmark tra T614 Du lex Printer SALP23 1 Remote Communication Subs tem MOUNTAIN VIEW PD 1 Live Scan Station LSS2000 SALV 15 1 Lexmark tra T614 Du lex Printer SALP30 1 Remote Communication Subs stem LOS ALTOS PD 1 Live Scan Station LSS2000 SALV14 1 Lexmark tra T614 Du lex Printer SALP 14 1 Remote Communication Subs stem SUNNYVALE DPS 1 Live Scan Station LSS2000 SALV 17 1 Lexmark tra T614 Du lex Printer SALP 17 1 Remote Communication Subs stem LOS GATOS PD 1 Live Scan Station LSS2000 SALV22 1 Lexmark tra T614 Du lex Printer SALP22 1 Remote Communication Subs stem GILROY PD 1 Live Scan Station LSS2000 SALV20 1 Lexmark tra T614 Du lex Printer SALP20 1 Remote Communication Subs stem MORGAN HILL PD 1 Live Scan Station LSS2000 SALV 19 1 Lexmark tra T614 Du lex Printer SALP 19 1 Remote Communication Subs stem PALO ALTO PD 1 Live Scan Station LSS2000 SALV23 1 Lexmark tra T614 Du lex Printer SALP23 1 Remote Communication Subs tem SANTA CLARA PD 1 Live Scan Station LSS2000 SALV 16 1 Lexmark tra T614 Du lex Printer SALP16 1 Remote Communication Subs stem SOUTH COUNTY SHERIFF'S OFFICE= 1 Live Scan Station LSS2000 SALV21 1 Lexmark tra T614 Du lex Printer SALP21 1 Remote Communication Subs stem MILPITAS PD 1 Live Scan Station LSS2000 SALV18 1 Lexmark tra T614 Du lex Printer SALP 18 1 Remote Communication Subs stem 163559 3.DOC '12 RD:BD:CBM 12/05/Ol EXIIII~IT D DEFINITIONS AFIS the Automated Fingerprint Identification System including all hardware and software necessary to perform the intended purposes as stated in this Agreement Annual Budget the CIU operating budget for a particular fiscal year as agreed upon by the CAL-ID agencies through the procedure established in relation to the CAL- ID RAN Policy Board CAL-ID the State of California Fingerprint Identification System; also used in reference to an agreement with local law enforcement agencies related to provision of certain specified fingerprint services including searches of the State database from the LIT operated by C1U CIU the Central Identification Unit of the San Jose Police Department CJIC Criminal Justice Inform~~tion Control, the County's system for local adult criminal case tracking, local criminal history recording and other related functions County means the County of Santa Clara, its agencies and subdivisions, including the Office of the Coroner and the District Attorney's Office Fiscal Administrator a responsibility of the City of San Jose that includes preparation of a proposed annual budget :for C1U, management of the agreed upon budget within the parameters established, provision of periodic financial reports of revenues and expenditur~:s, timely payment of bills or warrants for agreed upon services and supplies, maintenance of financial records according to GAAP, and provision of access as defined in Section 5 GAAP Generally Accepted Acc~~unting Principles Latent Print Files digital or hardcopy images of fingerprints taken from crime scenes LIT Equipment Local Input Ternunal used to search the state AFIS RAN Remote Access Network; access to the state AFIS through the LIT Tenprint or 10-Print Files digital or hardcopy images of rolled fingerprints 163559 3.DOC ~ 3 itD:BD:CBM 4/30/02 MEMORANDUM OF UNDERSTANDING REGARDING THE OPERATION OF THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AND TO PROVIDE LOCAL LAVV ENFORCEMENT AGENCIES ACCESS TO THE CALIFORNI~~ IDENTIFICATION SYSTEM SIGNATURE ,ADDENDUM By executing below the undersigned Incorporated Cit;~ acknowledges and accepts the terms and conditions of the Memorandum of Understanding Regarding The Operation Of The Automated Fingerprint Identification System And To Provide Local Law Enforcement Agencies Access To The California Identification System which has been approved by City Council of the City of San Jose and the Board of Supervisors of the County of Santa Clara, and executed by City and County and is on file in the Office of the City Clerk of the City of San Jose. INCORPORAT DEC(\\ITY i / `J By: V'~~ Name: ~,at,.n o ~,v 1L ti~ A/~ D Title: s.._ ~ ~J Date: 3 c o 4 163559_3.DOC Q• ity of Cupertino avid Knapp, City Manager 0300 Torre Ave. upertino, CA 95014 CITY OF SAN JOSE, CALIFORNIA ~ ~o•,•.•- .F:~t. . Office of the City Clerk 801 North First Street, Room 1 16 San Jose, California 951 10 Telephone (408) 277-4424 FAX (408) 277-3285 PATRICIA L. O'HEARN City Clerk I~lovember 7, 2002 City of Cupertino David Knapp, City Manager 10300 Torre Ave. Cupertino, CA 95014 Dear Mr. Knapp: Enclosed for your records is a Duplicate Original of the Memorandum of Understanding Regarding the Automated Fingerprint Identification System (CAL-ID Agreement). The document has been executed by the City of San Jose and by the County of Santa Clara. Also enclosed is a separate Signature Addendum for your approval. Please execute this addendum and return tc- me in the self-addressed envelope provided. Thank you for your cooperation. If you have questions regarding the agreement, please contact Mr. Bill Nasiatka, San Jose Police Department, at (408) 277-5104. Leona Bishop, Analyst ~~ontracts Coordination Encl.