13-059 Second Amendment, Memorandum of Understanding (MOU), Automated Fingerprint Identification System, California Identification System (CAL-ID)MEMORANDUM OF UNDERSTANDING
To Provide Local Law Enforcement Agency Access
to the
California Identification System
1. RECITALS
2. PURPOSE
3. SCOPE
4. POLICIES AND POLICY BOARD
5. EMPLOYEES
6. EQUIPMENT
7. SYSTEM ADMINISTRATION
A. PRIMARY OPERATION RESPONSIBILITY
B. COUNTY'S RESPONSIBILITIES
C. INCORPORATED CITIES' RESPONSIBILITIES
D. ACCESS
8. COST OF SERVICES
A. ADMINISTRATION
B. ANNUAL BUDGET AND COUNTY REIMBURSEMENT
C. BUDGET ADJUSTMENTS
D. COSTS
E. ALLOCATED PERCENTAGES
F. RESIDUAL COSTS
G. NEW USERS
9. FINANCIAL REPORTING & RIGHT TO AUDIT
10. TERM
11. TERMINATION AND WITHDRAWAL.
12. CHANGES
13. NOTICE
14. INDEMNIFICATION
15. EXECUTUION, EFFECTIVENESS, ANI) DISPUTE RESOLUTION
JUN 2 6 2013
810q ORIGINAL
16. COUNTY CONTRACTING REQUIREMENTS
A. COUNTY NO SMOKING POLICY
B. BEVERAGE NUTRITIONAL CRITERIA
C. BUDGET CONTINGENCY
17. AMENDMENTS, COUNTERPARTS, SEVERABILITY, WAIVERS, GOVERNING LAW,
ENTIRE AGREEMENT
A. AMENDMENTS
B. COUNTERPARTS
C. SEVERABILITY
D. WAIVERS
E. GOVERNING LAW
F. ENTIRE AGREEMENT
Signature Pages
ti
MEMORANDUM OF UNDERSTANDING
To Provide Local Law Enforcement Agency Access
to the
California Identification System
This AGREEMENT is made and entered into this ' ( day of 2013, by and
between the COUNTY OF SANTA CLARA, a county in the State of California (hereinafter
"County"), THE CITY OF CAMPBELL, a municipal corporation, THE CITY OF CUPERTINO,
a municipal corporation, THE CITY OR GILROY, a municipal corporation, THE CITY OF LOS
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 SEREN.O, 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, THE CITY OF SUNNYVALE, a municipal
corporation (hereinafter collectively referred to as "Incorporated Cities"').
1. RECITALS
Whereas, on April 26 1988, the County and Incorporated Cities entered into an "Agreement to
Provide Local Law Enforcement Agency Access to the California Identification System" (Cal -
ID) which Agreement has been amended from time to time (CAL -ID Agreement); and
Whereas; on May 20,1997, the County and (City of San 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, on October 8, 2002, the County and Incorporated Cities entered into a
"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" ( "MOU ") to set forth their respective obligations with respect to the cost
and operation and maintenance of the Cal -ID and AFIS program ( "Consolidated Program ");
and
Whereas, on April 25, 2003, the County and Incorporated Cities entered into a "First
Amendment to 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'; and
Whereas, on March 5, 2009, the Santa Clara County Board of Supervisors Management Audit
Division released its "Review of the Automated Fingerprint Identification System (AFIS) and
California Identification System (Cal -ID) Memorandum of Understanding" recommending a
change to the cost allocation methodology from one based upon population to one based upon
usage; and
Whereas, on February 2, 2011, the County and Incorporated Cities entered into a "Second
Amendment to 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" in order to change the methodology for
allocating costs among participating agencies from one based upon population to one based
upon historical usage; and
Whereas, on March 25, 2013 the Cal -ID Random Access Network Board (Cal -ID RAN)
approved the transfer of the Cal ID operations, equipment, and assets to the management, and
operation of the County; and
Whereas the City of San Jose, as the agency with the largest number of sworn officers and
highest activity levels in the County, intends to maintain its own latent print unit requiring the
ability to retain equipment land access to the AFIS database for the purpose of registering
latent prints and managing San Jose Police Department cases; and
Whereas the City of San Jose will continue to be a member of the Cal -ID Program and retain all
benefits associated with being an active member including access to equipment, system
upgrades and enhancements, and funding in support of San Jose's on -going contributions to
the AFIS database;
NOW, THEREFORE, County and Incorporated Cities hereby agree as follows:
2. PURPOSE
The Cal -ID Program provides participating law enforcement agencies with access to the
computerized fingerprint database AFIS which. includes the 10 -print function, latent print
identification; mobile identification and the mugshot system.
Livescan devices, used to capture fingerprints taken at the time a person is booked following
arrest, are located at the Office of the Sheriff and each city police department in the County.
The Livescan devices electronically transmit fingerprints obtained during the booking process
1 As provided for in Section l I B. 1 of the Amended and Restated Agreement to Provide Local Law Enforcement Agency
Access to the California Identification System, 2000
4
directly to AFIS. The AFIS computer searches and compares the prints to prints already in the
database. Once local processing is complete:, records are electronically sent to the California
Department of Justice ( "DOJ "). The DOJ searches and registers these booking prints in their
databases and transmits the prints and records to the Federal Bureau of Investigation ( "FBI ")'s
database.
The AFIS has the ability to identify deceased persons for the Medical Examiner Coroner's
office and persons who have given false information to law enforcement officers about their
identity.
In addition, the CAL -ID Program provides latent print identification services to participating
agencies consistent with priorities outlined in this Agreement. Cal -ID also supports federal,
state and other local agencies with these services.
3. SCOPE
This Agreement sets forth the terms and conditions for oversight, operation, and management
of the Cal -ID function in the County of Santa Clara, State of California.
4. POLICIES AND LOCAL POLICY BOAFT)
1. Pursuant to California Penal Code Section 11112.4, a local, remote access network
board, known as the "Santa Clara County CAL -ID RAN Policy Board" ( "Local Policy
Board "), has been established, which Local Policy Board 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 the City Selection Committee established pursuant to
California Government Code Section 50270, and a member -at -large chosen by the other
members.
2. Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall:
a. Establish policies and procedures necessary to implement the purposes of this
Agreement.
b. Establish a budget and approve expenditures consistent with the terms of this
Agreement.
c. Determine and coordinate the purchase, acceptance, placement, installation, use,
maintenance, replacement, disposition of, and all other matters concerning the local
AFIS and all local RAN equipment within the County, adhering to the policy guidelines
and procedures adopted by the California Department of Justice. Pursuant to California
Penal Code Section 11112.4, the Local Policy Board shall consider the placement of
equipment on the basis of the following criteria:
(1) The crime rate of the jurisdiction or jurisdictions served by the agency.
(2) The number of criminal offenses reported by the agency or agencies to the
California Department of Justice.
(3) The potential number of fingerprint cards and latent fingerprints processed.
(4) The number of sworn personnel of the agency or agencies.
d. 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
DOJ; and
e. Determine the placement of personnel funded by the CAL -ID Program
5. EMPLOYEES
The County shall provide such employees as the Local Policy Board considers necessary for
the efficient operation of the CAL -11) Program. The salary and benefit costs incurred by the
County in the employment of persons provided pursuant to this section shall be paid for out
of the payments made by the County and Incorporated Cities pursuant to this Agreement at
the time these costs are due and payable.
6. EQUIPMENT
All of the Equipment used to provide the services described in this Agreement shall be owned
by the County. From time to time some pieces of equipment will be replaced and new
equipment will be obtained pursuant to this Agreement. All equipment used in the provision
of services pursuant to this Agreement shall remain the property of the County.
a. In the event that the local RAN equipment and /or AFIS equipment, or any portion
thereof, is destroyed or damaged beyond repair, replacement equipment shall be
purchased by County as purchasing agent for the program. 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 8, "Cost of Services" below.
b. In the event local RAN equipment and /or AFIS equipment, or any portion thereof, is
destroyed or damaged beyond repair due to the willful misconduct of an employee or
agent of the County and /or any Incorporated City(s), its officers, agents, or employees, in
which event, the replacement cost shall be borne by the County or responsible
Incorporated City(s), whichever entity is responsible for the damage
7. SYSTEM ADMINISTRATION
The County agrees to operate the CAL -ID Program in accordance with the provisions
described below.
A. PRIMARY OPERATION RESPONSIBILITY
The Office of the Sheriff shall be primarily responsible for the overall operation and
maintenance of the CAL -11) Program consistent with the budget and overall direction
mutually established.
B. COUNTY'S RESPONSIBILITIES
County shall provide the following services:;
1. County shall be responsible for maintaining the AFIS statistical file database, including
but not limited to the 10 -print files - and latent print files.
2. County shall receive and verify all 10 -print files from all remote sites in Santa Clara
County.
3. County shall provide continuing quality control (editing) on incoming fingerprint
images with existing database records.
4. County shall perform comparative analysis of fingerprints received from the District
Attorney's Office and testify in court when requested, with reasonable notice.
5. County shall provide statistics annually within 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 data as
may be available via Cal ID's statistical reporting capability. The Local Policy Board has the
ability to audit performance statistics at any time upon reasonable notice to the County.
6. County 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
L,ivescan.sites within Santa Clara Count'. County shall notify Cal -ID users of any
significant and unplanned period of time when coverage is not available.
7. County shall provide power and space for AFIS equipment housed at County facilities,
costs to be allocated among all Parties to the Agreement, in accordance with the provisions
of the Agreement.
8. County shall act as point of contact with the AFIS vendor in assuring vendor compliance
with the terms of the maintenance agreement and shall assure that the operating system,
hardware and all related components will be available in a state that the operating
purposes of this Agreement are supported at the agreed -upon level. A process for 24 hour
per day /7day per week notification and response will be established
9. County is responsible for preparing, on an annual basis, a list that outlines service
priorities that will be equally applicable to all agencies that use the services described in
this Agreement. The list will recognize that the primary purposes of the system are to
assure timely identification of persons being booked into custody.
10. County shall provide and maintain'the County's Criminal Justice Information Control
(CJIC) interface to AFIS.
11. County shall maintain and perform corrections to CJIC databases and consolidate
multiple person files.
12. County shall provide and maintain all the communication lines between County and all
remote access sites of the County.
C. INCORPORATED CITIES' RESPONSIBILITIES
Incorporated Cities shall provide the following services:
1. Each Incorporated City shall provide space and power for their City's operated
equipment which is linked to the County.
2. Each Incorporated City shall provide personnel 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 shall be responsible for maintaining current and future
communications lines between County and the Incorporated City.
D. CITY OF SAN JOSE RESPONSIBILITIES
The City of San Jose shall continue to operate its own latent finger print unit. Specifically, the
City of San Josh will:
Be responsible for all latent case work fo :c the San Jose Police Department unless specific
approval is received from the Police Department to use the services of the Sheriff's Office;
2. Not be charged for latent print services, including any review the County may initiate on
City generated reverse hits, unless the City formally submits a case to the County with the
appropriate approvals from the City's Police Department;
3. Retain physical possession of at least one (1) local AFIS workstation, a NEC Workstation,
and a FORAY workstation for the purpose of registering latent prints and managing San
Jose Police Department cases. The City shall be responsible for all ongoing and future costs
associated with operating and maintaining the AFIS, NEC and FORAY workstations.
4. Not be charged for the use, maintenance or upgrades of local, state or federal AFIS
equipment or access to the AFIS network and databases when such upgrades are initiated
by the County and /or the Local Policy Board;
5. Be responsible for personnel costs to operate the City's unit;
6. ,Be responsible for costs associated with training except where the County would normally
provide training to Cal -ID Program participants; and,
7. Have continued access to AFIS and the Ca14D network, in support of the City's mobile ID
technology as long as the City is a member of Cal -ID.
8. COST OF SERVICES
County and Incorporated Cities agree to shave the costs of the CAL -ID Program operation,
with the exception of the costs to be borne by the City of San Jose under Section 7.D.4. and the
rest of the provisions in this Section 8.
A. ADMINISTRATION
The County shall be the general administering agency for the Cal -ID Program. The County
shall provide fiscal management of the Cal -ID Program fund and expenditures, including but
not limited to: (1) establishing interest- bearing accounts into which shall be deposited all funds
received under this Agreement and from which shall be paid all costs and expenses incurred
under this Agreement; (2) billing each party for that party's share of the costs under this
Agreement; (3) providing each of the parties ,end 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.
E
B. ANNUAL. BUDGET AND COUNTY REIMBURSEMENT
1. Prior to the commencement of any fiscal year, the County shall estimate the costs for
that fiscal year. The estimated annual budget shall be approved, disapproved or amended
by the Local Policy Board.
2. On or before May 1 of the preceding fiscal year, the County shall notify each party of its
share of the estimated costs for the succeeding year, which shall be allocated among the
parties in the manner in the "Allocated Percentages" section below.
3. Payments required to be paid under this Section shall be paid to the order of the County
of Santa Clara, Office of the Sheriff and delivered to the County of Santa Clara, Office of the
Sheriff, Fiscal Unit, 55 West Younger Ave., San Jose, CA 95117, on or before July 15 of the
fiscal year for which the payment is due.
4. Payments made pursuant to this Agreement shall be nonrefundable and shall not be
returned to any party unless all parties agree to terminate this Agreement and to
discontinue the Cal -ID Program in Santa Clara County.
5. Payments shall be deposited in interest bearing trust accounts maintained by the County
for benefit of the Cal -ID Program, with any earned interest being applied to the account.
The County 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 to the annual budget
approved by the Local Policy Board.
6. CAL ID RESERVE. The Local Policy Board has maintained in a separate interest bearing
trust account a reserve fund ( "Reserve ") that has accrued 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 County 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
and 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.
C. 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 the County, shall determine
the radditional amount needed to meet the costs for that fiscal year. Each party shall contribute
its proportionate share of the additional amount based on the usage methodology described in
the ALLOCATED PERCENTAGES" section below. The additional payments shall be paid to
10
the order of the County and delivered to the Office of the Sheriff within thirty (30) days of
billing.
D. 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 -11) Program not included in Subparagraphs (i), and (ii). For purposes of this Agreement,
"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 Cal -ID Program.
E. ALLOCATED PERCENTAGES
All costs of the Cal -ID Program as set forth in this Agreement shall be allocated among the
parties to the Agreement based upon a usage methodology, as set by the Local Policy Board.
Participating agencies will be charged an annual amount based upon that municipality's
average usage of Cal -ID services over the preceding three -year period. At the time of transfer
of the program from the City of San Jose to the County the "preceding three -year period" shall
be based on the previous three (3) years for only the agencies which will transfer latent work
to the County. The City of 'San Jose will not transfer any latent work to the County and will
retain all of its own latent work, thus the latent work average for San Jose for the "preceding
three (3) year period" will be zero (0) at the time of transfer. The Office of the Sheriff will be
similarly assessed for the unincorporated areas of the County. Usage is defined two ways;
first, based on the percentage, of bookings attributable to a given participating agency; second,
based on the percentage of latent fingerprints submitted for analysis by a given participating
agency. The County will continue to contribute AB109 funds for up to half the total cost for 10
print and latent fingerprint services, starting with the costs for the 10 -print service. The Santa
Clara County Information Services Departme:rnt will be charged for the usage percentages
attributable to non - participating agencies.
F. RESIDUAL COSTS
Each of the parties acknowledges and agrees that the allocated costs outlined herein are due
and payable to the County under the Cal -ID Agreement.
G. NEW USERS
A non - participating agency seeking to participate in the Cal -ID Program 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 Agreement by which the new agency agrees to be a party to this Agreement and to be
11
subject to all of its terms and conditions. If the addendum or amendment does not require any
greater expenditure by the County after approval of the Local Policy Board, it may be executed
by the Santa Clara County Board of Supervisors, which is authorized to execute the addendum
or amendment on behalf of the parties to this Agreement.
9. FINANCIAL REPORTING & RIGHT TO AUDIT
a. The County shall establish and maintain, in accordance with the Government
Accounting Standards Board (GASB), a complete record of all financial transactions related
to this Agreement.
b. The County and the Incorporated Cities agree that any 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 the 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 Incorporated 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 the 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 (3) 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.
10. TERM
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 as of the
date that each individual Incorporated City has executed this Agreement. The Agreement shall
continue in effect until it has been terminated by the agreement of the parties.
11. TERMINATION AND WITHDRAWAL
This Agreement shall be additionally binding as to each of the Incorporated Cities. The
Agreement shall continue in effect until terminated by the parties, either as a whole, or by any
Incorporated City individually.
Any party may terminate their participation in this Agreement by providing written notice of
termination to the County. Termination of this Agreement by an Incorporated City shall not
12
terminate the Agreement as to the County o:r any of the other remaining Incorporated Cities.
The termination shall be effective sixty (60) calendar days after the County's receipt of such
notice. Termination does not relieve any Incorporated City from paying costs to June 30 of the
fiscal year of termination as commitments have been made to all uses of the shared operation
costs for the fiscal year.
12. CHANGES
All of the terms and conditions of this Agreement shall remain in full force and effect unless
and until amended as agreed by all parties to the Agreement.
13. NOTICE
All notices required by this Agreement will be deemed given when in writing and delivered
personally or deposited in the United States rnail, postage prepaid, return receipt requested.
Notices given to the County shall be given at the address set forth below. Notices given to any
of the Incorporated Cities shall be sent to the person and address indicated on the
Incorporated Cities Signature pages.
Santa Clara County Sheriff
Sheriff's Identification Unit
55 West Younger Avenue
San Jose, CA 95110
14. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed
between the parties pursuant to Government Code Section 895.6, the parties agree that all
losses or liabilities incurred by a party shall not be shared pro rata but instead the County and
the Incorporated Cities agree that pursuant to, Government Code Section 895.4, each of the
parties hereto shall fully indemnify and hold each of the other parties, their officers, board
members, employees and agents, harmless from any claim, expense or cost, damage or liability
imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the
negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board
members, employees or agents, under or in connection with or arising out of any work,
authority or jurisdiction delegated to such pax'ty under this Agreement. No party, nor any
officer, board member, employee or agent thereof shall be responsible for any damage or
liability occurring by reason of the negligent acts or omissions or willful misconduct of other
parties hereto, their officers, board members, employees or agents, under or in connection with
or arising out of any work, authority or jurisdiction delegated to such other parties under this
13
Agreement. For purposes of this paragraph, "agents" does not include another party to this
Agreement.
15. EXECUTION, EFFECTIVENESS, AND DISPUTE RESOLUTION
This Agreement shall be binding on the County and Incorporated Cities from the Effective
Date. This Agreement shall be additionally binding as to the parties as of the date that each
individual Incorporated City has executed a signature on their designated signature -space
below.
Any dispute among the parties regarding the interpretation or application of any term of this
Agreement or any Exhibit thereto may be brought to the Local Policy Board. The Local Policy
Board shall meet within sixty 60 days of such notification by an interested party, or parties,
and shall make their best efforts to render a determination regarding the dispute.
16. COUNTY CONTRACTING REQUIREMENTS
A. County No Smoking Policy. The parties to this Agreement shall comply with the
County's No- Smoking Policy, as set forth in the Board of Supervisors Policy Manual section
3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley
Medical Center Campus and all County -owned and operated health facilities, (2) within 30 feet
surrounding County -owned buildings and leased buildings where the County is the sole
occupant, and (3) in all County vehicles.
B. Beverage Nutritional Criteria. The parties to this Agreement shall not use County funds
to purchase beverages that do not meet the County's nutritional beverage criteria. The six
categories of nutritional beverages that meet these criteria are (1) water with no additives; (2)
100% fruit juices with no added sugars, artificial flavors or colors (limited to a maximum of 10
ounces per container); (3) dairy milk, non -fat, 1% and 2% only, no flavored milks; (4) plant
derived (i.e., rice, almond, soy, etc.) milks (no flavored milks); (5) artificially - sweetened,
calorie - reduced beverages that do not exceed 50 calories per 12 -ounce container (teas,
electrolyte replacements); and (6) other non - caloric beverages, such as coffee, tea, and diet
sodas. These criteria may be waived in the event of an emergency or in light of medical
necessity.
C. Budget Contingency. This Agreement is contingent upon the appropriation of sufficient
funding by the County for the services covered by this Agreement. If funding is reduced or
deleted by the County for the services covered by this Agreement, the County has the option
to either terminate this Agreement with no liability occurring to the County or to offer an
amendment to this Agreement indicating the reduced amount.
14
17. AMENDMENTS, COUNTERPARTS, SEVERABILITY, WAIVERS, GOVERNING LAW,
ENTIRE AGREEMENT
A. AMENDMENTS
This Agreement may be amended only by an instrument signed by the parties.
B. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all. of which together shall constitute one and the same instrument.
C. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be void,
invalid or unenforceable, the same will either be reformed to comply with applicable law or
stricken if not so conformable, so as not to afnect the validity or enforceability of this
Agreement.
D. WAIVERS
No delay or failure to require performance of any provision of this Agreement shall constitute
a waiver of that provision as to that or any other instance. Any waiver granted by a party
must be in writing, and shall apply to the specific instance expressly stated in that writing.
E. GOVERNING LAW
This Agreement has been executed and delivered in, and will be construed and enforced in
accordance with, the laws of the State of California.
F. ENTIRE AGREEMENT
This document represents the entire Agreement between the parties with respect to the subject
matter hereof. All prior negotiations and written and /or oral agreements between the parties
with respect to the subject matter of tlus Agreement are merged into this Agreement.
15
APPROVALS / EXECUTION DATE
PASSED AND ADOPTED by the Board of Supervisors, County of Santa Clara, State of
California on '7v (le- z6
AYES
NOES
Absent
Supervisors
Supervisors
2013 by the following vote:
Supervisors CORTESE
Ken Yeager, President
Board of Supervisors
SDUTIACN, WASSEWNWN, YEAGER
Gary A. r es, Chief Operating Officer
County ftSanta Clara
& x
c--ftfed ti�at a cl-01Y Of this ure�t
vl)� or orhe.r M.etas to
hats Deer de h',--ec
ATTEST on SUIP WMSM.
Dated: JUN 2 6 2013
Dated: 6 /--0
9.r��c�' -x. - Dated: JUN 2 6 2013
U
Lynn Regadano 7(C-trkj, Board of Supervisors
SANTA CLARA COUNTY
1 0. .
A(
4urie Smith, Sheriff
Approved as to Form and Legality:
r>yl A. Steve�, D pu ty Coun
ounsei-
Date:
Dated:
16
INCORPORATED CITIES
THE 6TY OF eAMPBELL
P'
- Page 1 of 2
/Z/ 1�
ranted Name, Title Date Signature
THE CITY OF CUPERTINO
Printed Name, Title Date
THE CITY OF GILROY
Printed Name, Title Date
THE CITY OF LOS ALTOS
Printed Name, Title Date
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date
Signature
Signature
Signature
Signature
THE TOWN OF LOS GATOS
Printed Name, Title Date Signature
THE CITY OF MILPITAS
Printed Name, Title
Date Signature
THE CITY OF MONTE SERENO
Printed Name, Title Date Signature
INCORPORATED CITIES - Page I of 2
THE CITY OF CAMPBELL
Printed Name, Title Date
� r Nt4�n X-
THE CITY OF CUPERTINO 3 a1
Printed Name, Title Date
THE CITY OF GILROY
Printed Name, Title
Date
THE CITY OF LOS ALTOS
Printed Name, Title Date
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date
Signatu
Signature
Signature
Signature
Signature.
THE TOWN OF LOS GATOS
Printed Name, Title Date Signature
THE CITY OF MILPITAS
Printed Name, Title Date Signature
THE CITY OF MONTE SERENO
Printed Name, Title Date Signature
61
INCORPORATED CITIES — Page 2 of 2
THE CITY OF MORGAN HILL
Printed Name, Title Date Signature
THE CITY OF MOUNTAIN VIEW
Printed Name, Title Date Signature
THE CITY OF PALO ALTO
Printed Name, Title Date Signature
THE CITY OF SAN JOSE
Printed Name, Title Date Signature
APPROVED AS TO FORM
Carl B. Mitchell
Senior Deputy City Attorney Date Signature
THE CITY OF SANTA CLARA
Printed Name, Title Date Signature
THE CITY OF SARATOGA
Printed Name, Title Date Signature
i
THE CITY OF SUNNYVALE
Printed Name, Title
Date Signature.
62 qywjm-ot�
18
INCORPORATED CITIES - Page 1 of 2
THE CITY OF CAMPBELL
Printed Name, Title Date Signature
THE CITY OF CUPERTINO
Printed Name, Title Date
GrT y ,�v�iNisTr� °�-
THE CITY OF GILROY
Printed Name, Title Date
Sign ture
Signature
THE CITY OF LOS ALTOS
Printed Name, Title Date Signature
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date Signature
THE TOWN OF LOS GATOS
Printed Name, Title Date Signature
THE CITY OF MILPITAS
Printed Name, Title Date Signature
THE CITY OF MONTE SERENO
Printed.Name, Title Date Signature
INCORPORATED CITIES - Page 1 of 2
THE CITY OF CAMPBELL
Printed Name, Title Date Signature
THE CITY OF CUPERTINO
Printed Name, Title Date! Signature
THE CITY OF GILROY
Printed Name, Title
Date
THE CITY OF LOS ALTOS
Printed Name, Title
Date
Signature
Signature
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date Signature
THE TOWN OF LOS GATOS
Printed Name, Title Date Signature
THE CITY OF MILPITAS
Printed Name, Title Date Signature
THE CITY OF MONTE SERENO
Printed Name, Title
Date Signature
INCORPORATED CITIES - Page 1 of 2 4.
THE CITY OF CAMPBELL
Printed Name, Title
Date Signature
THE CITY OF CUPERTINO
Printed Name, Title
Date Signature
THE CITY OF GILROY
Printed Name, Title
Date Signature
THE CITY OF LOS ALTOS
Printed Name, Title
Date Signature
Carl Cahill, City Manager 7/10/13
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date Signature
THE TOWN OF LOS GATOS
Printed Name, Title Date Signature
THE CITY OF MILPI TAS
Printed Name, Title
THE CITY OF MONTE SERENO
Printed Name, Title
Date Signature
Date Signature
INCORPORATED CITIES - Page 1 of 2
THE CITY OF CAMPBELL
Printed Name, Title
THE CITY OF CUPERTINO
Printed Name, Title
THE CITY OF GILROY
Printed Name, Title
THE CITY OF LOS ALTOS
Printed Name, Title
Date Signature.
Date Signature
Date Signature
Date Signature
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date Signature
THE OWN OF LOS GATOS
Printed Name, Title Date Signature
THE CITY OF MILPITAS
Printed Name, Title Date Signature
THE CITY OF MONTE SERENO
Printed Name, Title
1
Date Signature
INCORPORATED CITIES - Page 2 of 2
THE CITY OF CAMPBELL
Printed Name, Title Date Signature
THE CITY OF CUPERTINO
Printed Name, Title Date Signature
THE CITY OF GILROY
Printed Name, Title Date Signature
THE CITY OF LOS ALTOS
Printed Name, Title Date
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date
THE TOWN OF LOS GATOS
Signature
Signature
Printed Name, Title ZDate Signatur
THE CITY OF MILPITAS
Printed Name, Title Date Signature
THE CITY OF MONTE SERENO
Printed Name, Title Date Signature
INCORPORATED CITIES - Page 1 of 2
THE CITY OF CAMPBELL
Printed Name, Title Date Signature
THE CITY OF CUPERTINO
Printed Name, Title Date Signature
THE CITY OF GILROY
Printed Name, Title Date Signature
THE CITY OF LOS ALTOS
Printed Name, Title Date Signature
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date Signature
THE TOWN OF LOS GATOS
Printed, Name, Title Date Signature
THE CITY OF MILPITAS
Printed Name, Title Data Signature
15r10n L-Overr'�al (' (1�a.� Cif' 1Z��13�3
THE CITY OF MONTE SERENO �l
Printed Name, Title Date Signature
INCORPORATED CITIES - Page I of 2
THE CITY OF CAMPBELL
Printed Name, Title Date Signature
THE CITY OF CUPERTINO
Printed Name, Title Date
THE CITY OF GILROY
Printed Name, Title Date
THE CITY OF LOS ALTOS
Printed Name, Title Date
THE TOWN OF LOS ALTOS HILLS
Printed Name, Title Date
Signature
Signature
Signature
Signature
THE TOWN OF LOS GATOS
Printed Name, Title Date Signature
THE CITY OF MILPITAS
Printed Name, Title
Date Signature
THE CITY OF MONTE SERENO
Printed Name, Title Date
THE CITY OF MORGAN HILL
Steve Rymer, City Manager Date
Signature
Signature
INCORPORATED CITIES — Page 2 of 2
APPROVED AS TO FORM
f�v Renee Gurza Date
City Co V VT
THE CITY OF MOUNTAIN VIEW
Printed Name, Title Date
THE CITY OF PALO ALTO
Printed Name, Title Date
THE CITY OF SAN JOSE
Printed Name, Title Date
APPROVED AS TO FORM
Carl B. Mitchell
Senior Deputy City Attorney Date
THE CITY OF SANTA CLARA
Printed Name, Title Date
THE CITY OF SARATOGA
Printed Name, Title' Date
THE CITY OF SUNNYVALE
Printed Name, .Title Date
r
Signature
Signature
Signature
Signature
Signature
Signature
Signature
Signature
INCORPORATED CITIES — Page 2 of 2
THE CITY OF MORGAN HILL
Printed Name, Title Date Signature
THE CITY OF MOUNTAIN VIE
Printed Name, Title Date Signature
THE CITY OF PALO ALTO
Printed Name, Title Date Signature
THE CITY OF SAN JOSE
Printed Name, Title Date Signature
APPROVED AS TO FORM
Carl B. Mitchell
Senior Deputy City Attorney Date Signature
THE CITY OF SANTA CLARA
Printed Name, Title Date Signature
THE CITY OF SARATOGA
Printed Name, Title Date Signature
THE CITY OF SUNNYVALE
Printed Name, Title Date Signature
18
INCORPORATED CITIES — Page 2 of 2
THE CITY OF MORGAN HILL
Printed Name, Title Date Signature
THE CITY OF MOUNTAIN VIEW
Printed Name, Title Date
AIA -1S K .eza2 C rj ok � THE CITY OF PALO ALTO
Printed Name, Title Dale
THE CITY OF SAN JOSE
Printed Name, Title Dare
APPROVED AS TO FORM
Carl B. Mitchell
Senior Deputy City Attorney Date
THE CITY OF SANTA CLARA
Printed Name, Title
THE CITY OF SARATOGA
Printed Name, Title
THE CITY OF SUNNYVALE
Printed Name, Title
Signature
l
nature
Signature
Signature
Date Signature
Date Signature
Date Signature
18
INCORPORATED CITIES -- Page 2 of 2
THE CITY OF MORGAN HILL
Printed Name, Title Date Signature
THE CITY OF MOUNTAIN VIEW
Printed Name, Title Date
THE CITY OF PALO ALTO
Printed Name, Title
Date
Ed Shikada
Assistant City Manager
Date
THE CITY OF.SAN JOSE .
APPROVED AS TO FORM
Carl B. Mitchell
Senior Deputy City Attorney
Date
THE CITY OF SANTA CLARA
Printed Name, Title Date
THE CITY OF SARATOGA
Printed Name, Title Date
Signature
Signature
Signature
Signature
Signature
Signature
THE CITY OF SUNNYVALE
Printed Name, Title Date Signature
18
INCORPORATED CITIES — Page 2 of 2
THE CITY OF MORGAN HILL
Printed Name, Title Date Signature
THE CITY OF MOUNTAIN VIEW
Printed Name, Title Date Signature
THE CITY OF PALO ALTO
Printed Name, Title Date Signature
THE CITY OF SAN JOSE
Printed Name, Title Date Signature
APPROVED AS TO FORM
THE CITY OF SUNNYVALE
Printed. Name, Title Date Signature
LU
18
d
b
I
I"
_
U4
Carl B. Mitchell
C
Q
Senior Deputy City Attorney
Date
Signature
y
e
THE CITY OF SANTA CLARA
a gp �«
ouH l
Printed Name, Title
D tee
Signature
��A
6�1D�It3
Q
THE CITY OF SARATOGA
Printed Name, Title
DatE!
Signature
THE CITY OF SUNNYVALE
Printed. Name, Title Date Signature
LU
18
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b
I
INCORPORATED CITIES - Page 2 of 2
THE CITY OF MORGAN HILL
Printed Name, Title Date
THE CITY OF MOUNTAIN VIEW
Printed Name, Title Date
THE CITY OF PALO ALTO
Printed Name, Title Date
THE CITY OF SAN JOSE
Printed Name, Title Date
APPROVED AS TO FORM
Carl B. Mitchell
Senior Deputy City Attorney Date
THE CITY OF SANTA CLARA
Printed Name, Title Date
THE CITY OF SARATOGA
Printed Name, Title Date
Signature
Signature
Signature
Signature
Signature
Signature.
Signature
THE CITY OF SUNNYVALE
Printed Name, Title Date Signature
18
INCORPORATED CITIES — Page 2 of 2
THE CITY OF MORGAN HILL
Printed Name, Title Date Signature
THE CITY OF MOUNTAIN VIEW
Printed Name, Title Date Signature
THE CITY OF PALO ALTO
Printed Name, Title Date
THE CITY OF SAN JOSE
Printed Name, Title Date
APPROVED AS TO FORM
Carl B. Mitchell
Senior Deputy City Attorney Date
THE CITY OF SANTA CLARA
Printed Name, Title Date
THE CITY OF SARATOGA
Printed Name, Title Date
_Gary Luebbers, City Manager 816111
THE CITY OF SUNNYVALE
Printed Name, Title Date
Ppro ed As To Form
ASST. C;7'Y ATTORNEY
Signature
Signature
Signature
Signature
Signature
18
CUPERTINO
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777.3227 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: February 5, 2013
Subject
Ratify the Second Amendment to the Memorandum of Understanding regarding the
operation of the Automated Fingerprint Identification System (AFIS), which provides
Local Law Enforcement Agencies access to the California identification System (CAL -
ID), for a change to the cost allocation methodology from one based on population to
one based upon historic usage.
Recommended Action
Amend the Memorandum Of Understanding for CAL -ID and authorize the City
Manager to execute the signature addendum and any other necessary documents.
Description
The City currently has an agreement with the County of Santa Clara regarding the
operation of the Automated Fingerprint Identification System and law enforcement
access to this system. The cost allocation methodology has been modified to reflect a
more equitable charge to the City based on historical usage.
Discussion
On March 5, 2009, the Board of Supervisors Management Audit Division released its
"Review of the Automated Fingerprint Identification System (AFIS) and California
Identification System (CAL -ID) Memorandum of Understanding, recommending a
change e to the cost allocation methodology from one based upon population to one
based upon historic usage. The City of Cupertino supported this recommendation (due
to the substantial savings to our City each year ($70,124 versus $5,601). Staff met with
representatives from the County and law enforcement to negotiate and subsequently
implement the Audit Division's recommendation. The amendment to the MOU was
never signed, however. This resolution and second amendment formally documents
this agreement in writing.
Fiscal Impact
Reduced our CAL -ID costs from a proposed $70, 124 to an estimated $5,601 per year.
Actual charges for the past two fiscal years were $581.00 and $709.00, respectively.
Prepared by* Carol A. Atwood, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A- Original Memorandum of Understanding
B- Second Amendment - Executory copy
C- Signature addendum
EXEflKYORY COPY
SECONDAMENDMENT TO
MEMORANDUM OF UNDERSTANDING
REGARDING THE OPERATION OF THE
AUTOMATED FINGERPRINT IIENTIFICATION SYSTEM
AND TO PROVIDE LOCAL LAW ENFORCEMENT AGENCIES
ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM
This Second Amendment to 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 is made and entered into this ay of , 2014,
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 CUPERTINO, a municipal corporation,
the CITY OF GILROY, a municipal corporation, the CITY OF LOS 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 OF SUNNYVALE, a municipal
corporation (hereinafter collectively referred to as "Incorporated Cities ").
RECITALS
Whereas, on April 26 1988, the County and Incorporated Cities entered into an "Agreement to Provide
Local Law Enforcement Agency Access to the California 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 San 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, on October 8, 2002, the County and Incorporated Cities entered into a "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" ("MOU ') to set
forth their respective obligations with respect to the cost and operation and maintenance of the CAL -ID
and AFIS program ( "Consolidated Program "); and
Whereas, on April 25, 2003, the County and Incorporated Cities entered into a "First Amendment to 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"
and;
Whereas, on March 5, 2009, the Board of Supervisors Management Audit Division released its "Review
of the Automated Fingerprint Identification System (AFIS) and California Identification System (Cal -ID)
Memorandum of Understanding" recommending a charge to the cost allocation methodology from one
based upon population to one based upon historic usage.
Cal -ID MOU 2nd Amendment
NOW, THEREFORE, County and Incorporated Cities hereby agree as follows:
1. Section 3 of the MOU is amended to read as follows:
SECTION 3. COST RESPONSIBILITIES
County and the Incorporated Cities agree to share the costs of the CAL -ID Program operation according
to the provisions set forth in the revised Exhibit A, Cost Responsibilities, which is attached hereto.
All of the terms and conditions of the original MOU not modified by this First and Second Amendment
shall remain in full force and effect.
CITY OF SAN JOSE, a municipal corporation
EPP
Norberto Duenas
Deputy City Manager
APPROVED AS TO FORM
AND LEGALITY:
BRIAN DgALE
Senior Deputy City Attorney
(Date)
►fir• •
STEVENS
County Counsel
(Date)
C01JNTY OF SANTA CLARA,
a political Subdivision
of the State of California
DO:LORES A. CARR
Disl:rict Attorney
(Date)
6 �-L � iU 2 W
L JRIE SMI
Sheriff
4 (Date)
Cal -ID MOU 2"d Amendment 2
EXHIBIT A (]Revised)
COST RESPONISIBILITIES
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
Board" ( "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 the
City Selection Committee established pursuant to California Government
Code Section 50270, and a member -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
matters concerning the local AFIS and all local RAN equipment within the
County, adhering to the policy 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 limited to: (l.) establishing the interest - bearing
accounts pursuant to Exhibit B into which all funds received under this MOU
shall be deposited 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.
Cal -ID MOU 2 °d Amendment — Exhibit A
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 overhead costs incurred in the annual operation of the CAL -ID
Program.
A.4 ALLOCATED PERCENTAGES
Effective July 1, 2010, all costs of the CAL -HD Program as set forth in subsection
A.3, above, shall be allocated among the parties to the MOU based upon an
historic usage methodology, as set by the local Policy Board. Participating
agencies will be charged an annual amount based upon that municipality's
average usage of CAL -ID services over the preceding three -year period. The
Office of the Sheriff will be similarly assessed for the unincorporated areas of the
County. Usage is defined two ways. First, based on the percentage of bookings
attributable to a given participating agency. Second, based on the percentage of
latent fingerprints submitted for analysis by a given participating agency. The
Santa Clara County Information Services Department will be charged for the
usage percentages attributable to non - participating agencies.
A.5 ANNUAL BUDGET
1. No later than 150 days prior to the commencement of any fiscal year, 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 Board.
2. On or before April 1 of the preceding fiscal year, the City of San Jose shall
notify each party of its share of the estimated costs for the succeeding year,
which shall be allocated among the parties: in the manner prescribed in Section
A.4 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 August 15 of the fiscal year for which the payments are due.
4. Payments made pursuant to this MEMORANDUM OF 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 -11) 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 to the annual budget
Cal -ID MOU 2 nd Amendment — Exhibit A
approved by the Local Policy Board.
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 and 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.
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 the City of San Jose, shall determine the additional amount needed to meet the
costs for that fiscal year. Each party shall contribute its proportionate share of the
additional amount based on the usage methodology described in Section A.4 of
this Exhibit. 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 A.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 Exhibit A of this MOU are due and payable to the City of San Jose
under the CAL -ID Agreement.
A.9 NEW USERS
A non - participating agency seeking to participate in the CAL -11) 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 terms and conditions. If the
addendum or amendment does not require any greater expenditure by the City of
Cal -ID MOU 2 nd Amendment — Exhibit A
San Jose after approval of the Local Policy Board, it may be executed by the City
Manager of the City of San Jose, who is authorized to execute the addendum or
amendment on behalf of the parties to this N/.1EMORANDUM OF
UNDERSTANDING.
Cal -ID MOU 2 nd Amendment — Exhibit A
SECOND AMENDMENT TO
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
SIGNATURE ADDENDUM
By executing below the undersigned Incorporated City 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 the City Council of the City of San Jose and
the Board of Supervisors of the County of Santa Clara, and executed by the City
and County and is on file in the Office of the City Clerk of the City of San Jose.
All notices required by this Agreement will be deemed given when in writing and
delivered personally or deposited in the United States mail, postage prepaid,
return receipt requested, addressed to the other party at the address set forth below
or at such other address as the party may designate in writing:
INCORPORATED CITY — C l �'� /'� l '7 vvd
By: t
Name: -
Title: (. i t, --
Date: 2- 122- /3 --
Cal -ID MOU 2 " a Amendment — Signature Addendum
F,D:BD:CBM (j j
4/30/01 � .`1
DU PLIcATE REGARDING THE OPERATION OF THE
��" "AL AND TO PROVIDE LOCA FINGERPRINT IDENTIFICATION
AWEN O CEMENT AGENCIES
ACCESS TO THE CALIFORNIA. IDENTIFICATION SYSTEM
This Memorandum of Understanding Regarding the Q:►eration 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 oQCT 0 8 20022002, 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 CUPERTINO, a municipal corporation, the CITY
OF GILROY, a municipal corporation, the CITY OF LAOS 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, at 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 SUNNYVALE, a municipal corporation
(hereinafter collectively. referred to as "Incorporated Cities").
RECITALS
Whereas, on April 26 1988, the County and Incorporati:;d Cities entered into an "Agreement to Provide
Local Law Enforcement Agency Access to the California 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 Sari 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 o?f'Santa Clara" (AFIS Agreement); and
Whereas, County, City of San Jose, and other Incorporated 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 forth their respective obligations with respect to the
operation and maintenance of the CAL -ID and AFIS Program ( "Consolidated Program ");
NOW, THEREFORE, County and Incorporated Citie:i, 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 Definitions
163559_1 DOC
RD:BD:CBM
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 Agreement 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 financial transactions related to this
Agreement.
B. The County and the. Incorporated Cities agree that any 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 Incorporated 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 the 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 EQUIPMENT
A. In the event that the local RAN equipment and/or AXIS 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
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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 ANTI) 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 City(s), it's officers, agents, or employees. Such
costs shall be allocated among the parties, based upon each 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:)S
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 Addendum.
APPROVED AS TO FORM CITY OF SAN JOSE
I '
r v
Irian Doyle Patricia L. O'Hearn
Senior Deputy City Attorney City Clerk
PASSED AND ADOPTE�j nb�'the Board of Supervisors of the County of Santa Clara, State of
California on �� o 2002 by the following vote:
AYES Supervisors ALVAMO, BE-ALL, G.LGF, IM SS, �i���
NOES Supervisors MO .1,
ABSENT Supervisors MCMGH
DONALD F. GAGE Ch erson
Board of Supervisors
ATTEST PHYLLIS A. PEREZ, Clerk Ann Sloan
Board Supervisors Chief Deputy Clerk
of the Board of
Supervisors
APPROVED AS TO FORM AND LEGALITY
/-ffJ JI- 91r4JA�J
2
Sva Date
Deputy County Counsel
163559_3.DOC 3
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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
SIGNATURE ADDENDUM
By executing below the undersigned Incorporated City 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.
INCORPORATED CITY
By: _
Name:
Title:
Date:
163559_3.DOC 4
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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 Board" ( "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 a member -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, accept«nce, placement, installation, use, maintenance,
replacement, disposition of, and all other matters concerning the local AFIS and all local RAN
equipment within the County, adhering to the policy 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 guideEnes 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 limited 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
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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 share of the total population of all agencies
participating in in the CAL -ID Program, with the exception of the Santa Clara County District Attorney's
Office whose share will be 26.8 % of the entire budget. The initial Allocated Percentages are 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 Estimates. For the purpose of this MOU, the Santa Clara
County share of population shall be the population of the unincorporated area of Santa Clara County.
A.5 ANNUAL BUDGET
1. Prior to the commencement of any fiscal year, 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 Board.
2. On or before May 1 of the preceding fiscal year, the City of San Jose shall notify each party of its share
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 OF 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-ID 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 to the annual budget approved by the Local Policy
Board.
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 ,uid 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
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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 the City of San Jose, shall determine the additional
amount needed to meet the costs for that fiscal year. Each party shall contribute its share of the additional
amount, which share will be based on the party's percentage 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 ssidary and all fringe benefit costs incurred by the
City of San Jose in the employment of persons provide d pursuant to this section shall be paid for out of
the payments made by the parties pursuant to Section j %-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 Jose 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 terms and conditions. If the addendum or amendment
does not require any greater expenditure by the City of San Jose, it may be executed by the City Manager
of the City of San Jose, who is authorized to execute t:he addendum or amendment on behalf of the parties
to this MEMORANDUM OF UNDERSTANDING.
163559_3.DOC %
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4/30/02
EXHIBIT B
OPERATIONAL RESPONSIBILITIES
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 overall direction mutually established.
B.2 CITY OF SAN JOSE'S RESPONSIBILITIES
City of San Jose shall provide the following services:
City of San Jose shall be responsible for maintaining the statistical file database of the Automated
Fingerprint Identification System (AFIS), including; 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 within 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 data 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 (CIU) 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. CI1J 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 assure that the operating system, matchers, hardware
and all related components will be available in a state that the operating purposes of this MOU are
supported at the agreed -upon level. A process for 24 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 use CIU 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 8
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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 communication 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 services:
1. Each Incorporated City shall provide space and p4nver for their City's operated AFIS equipment
which is linked to CIU.
2. Each Incorporated City shall provide their own personnel 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 CIU and the Incorporated City.
B.5 ACCESS
City and County shall each have the right to search, to determine system status (files, statistics, and
throughput). Only CIU staff has the right to register Iiiints 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
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EXHIBIT C
STATEMENT OF ASSETS
SAN JOSE POLICE DEPARTMENT /SANTA CLARA COUNTY
LIVSCAN EQUIPMENT
The above equipment was from the original acquisition of Printrak equipment. This below list equipment
was procured with SB720 funds:
Quantity
Asset
ID No.
-Quantity
SAN JOSE POLICE DEPARTMENT
1
KIST Sever 2000
SANS01
1
Search Processor 2000
SAMC01
1
Data Storage/Retrieval 2000
SADS01
1
CJIC Interface
SACI01
1
Input Station
SAWS01
2
Latent Station
SALS01, SALS02
1
Verification Station
SAVS01
4
Live Scan Stations LSS2000
SALV01, SALV02, SALV03, SALV 12
5
Lexmark Optra T614 Duplex printer
SALP01, SALP02, SALP03, SALP12
1
Remote Communication Subsystem
1
20KVA Uninterru tible Power Supply
1
Codonics Video Printer
30C2972B
1
KIST Archive Server/RAID Upgrade
SANTA CLARA COUNTY
8
Remote Live Scan Station LSS2000
SALV04, SALV05, SALV06, SALV07,
SALV08, SALV09, SALV 10, SALV 11
1
Remote Latent Station
SALS03
6
Lexmark Optra T614 Duplex Printer
SALP04, SALP05, SALP06, SALP07,
SALP08 SALP11
1
Codonics Video Printer
2
Remote Communications Subsystem
The above equipment was from the original acquisition of Printrak equipment. This below list equipment
was procured with SB720 funds:
Quantity
Asset
ID No.
SAN JOSE POLICE DEPARTMENT
1
Remote Live Scan Station LSS3000
SALV25
1
Lexmark Optra T614 Duplex Printer
SALP25
SANTA CLARA COUNTY
2
Remote Live Scan Stations LSS2000
SALV21, SALV24
2
Lexmark Optra T614 Duplex Printers
SALP21, SALP24
1
Remote Communications Subsystems
163559_3.DOC 10
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4130/02
LOCAL AFIS EQUIPMENT LIST
163559_I DOC 11
Asset
ID No.
Quantity
SAN JOSE POLICE DEPARTMENT
1
NIST Sever 2000
SANS01
1
Search Processor 2000 _
SAMC01
I
Data Storage/Retrieval 2000
SADS01
1
CJIC Interface
SACI01
1
Input Station _
SAWS01
2
Latent Station
SALS01, SALS02
1
Verification Station _
Live Scan Stations LSS2000
SAVS01
SA 01, SALV02, SALV03, SALV12
4
1
Live Scan Station LSS3000
Lexmark Optra T614 Duplex Printer _
SALV25
SALPOI, SALP02, SALP03, SALP12 SALP25
6
1
Remote Communication Subsystem _
1
20KVA Uninterru tible Power Supply
1
Codonics Video Printer _
30C2972B
1
NIST Archive Server/RAID Upgrade _
SHERIFF'S OFFICE _
—f —'Remote
Live Scan Station LSS2000
SALV05, SALV24
l
Remote Latent Station
SALS03
2
Lexmark Optra T614 Du lex Printer
SALP05, SALP24
3
Codonics Video Printer
1
Remote Communications Subsystem
MAIN JAIL
1
Live Scan Station LSS2000 Commit Desk
Live Scan Station LSS2000 Bookinp,
SALV06
SALV07, SALV09, SALV08, SALV 11
4
—f —'ID
Station (Release Area _
SAID01
1
ID Station (Transport Area
SAID02
1
ID Station 1 _
SAID03
3
Lexmark Optra T614 Duplex Printer _
SALP06, SALP07, SALP08
1—'Remote
Communication Subsystem _
ELMWOOD _.
1
ID Station (Westgate) _
SAID04
1
ID Station (Processing)_
SAID07
1
Live Scan Station LSS2000 nused _
SALV 10
1
Lexmark tra T614 Printer _
SALP 10
1
Remote Communication Subsystem _
CCW _
1
ID Station _
SAIDOS
1
Remote Communication Subs ter _
DISTRICT ATTORNEY'S OFFICE _
Live Scan Station LSS2000
SALV04
LEE.
Lexmark tra T614 Du lex Printer
SALP04
Remote Communication Subsystem _
163559_I DOC 11
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4/!0/02
163559 3.WC 12
CAMPBELL PD
1
Live Scan Station LSS2000
SALV23
1
Lexmark Optra T614 Duplex Printer
SALP23
1
Remote Communication Subsystem
MOUNTAIN VIEW PD
1
Live Scan Station LSS2000
SALV 15
1
Lexmark Optra T614 Duplex Printer
SALP30
1
Remote Communication Subsystem
LOS ALTOS PD
1
Live Scan Station LSS2000
SALV14
1
Lexmark Optra T614 Duplex Printer
SALP14
1
Remote Communication Subsystem
SUNNYVALE DPS
1
Live Scan Station LSS2000
SALV17
1
Lexmark Optra T614 Duplex Printer
SALP 17
1
Remote Communication Subsystem
LOS GATOS PD
1
Live Scan Station LSS2000
SALV22
1
Lexmark Optra T614 Duplex Printer
SALP22
1
Remote Communication Subsystem
GILROY PD
1
Live Scan Station LSS2000
SALV20
1
Lexmark Optra T614 Duplex Printer
SALP20
1
Remote Communication Subsystem
MORGAN HILL PD
1
Live Scan Station LSS2000
SALV 19
1
Lexmark Optra T614 Duplex Printer
SALP 19
1
Remote Communication Subsystem
PALO ALTO PD
1
Live Scan Station LSS2000
SALV23
1
Lexmark Optra T614 Duplex Printer
SALP23
1
Remote Communication Subsystem
SANTA CLARA PD
1
Live Scan Station LSS2000
SALV 16
1
Lexmark Optra T614 Duplex Printer
SALP16
1
Remote Communication Subs tern
SOUTH COUNTY SHERIFF'S OFFICE=
1
Live Scan Station LSS2000
SALV21
1
Lexmark Optra T614 Duplex Printer
SALP21
1
Remote Communication Subsystem
MILPITAS PD
1
Live Scan Station LSS2000
SALV 18
1
Lexmark Optra T614 Duplex Printer
SALP 18
1
Remote Communication Subsystem_
163559 3.WC 12
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17/05/61
EXHIBIT D
DEFIMHONS
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 throul h 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 CIU
CIU the Central Identification Unit of the San Jose Police Department
CJIC Criminal Justice Information 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 CIU, management of the agreed upon budget
within the parameters established, provision of periodic financial reports of
revenues and expenditures, 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 Accounting Principles
Latent Print Files digital or hardcopy ima,g. .-s of fingerprints taken from crime scenes
LIT Equipment Local Input Terminal 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.WC 13
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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
SIGNATURE ADDENDUM
By executing below the undersigned Incorporated City 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.
INCORPORATED CITY
By JZLJW W-- -Y�,(�
Name: 3 Ag% o L.c> IL w* /A/A
Title: s._
Date: 3 . . 0'4
163559 3.DOC 4.
City of Cupertino
[)avid Knapp, City Manager
'10300 Torre Ave.
Cupertino, CA 95014
RD:B D:CBNI
4;17!0 5
FIRST AMENDMENT TO
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
i�
This First Amendment to the Memorandum of Understanding Regarding the Operation of the Automated
Fingerprint Identification System and to provide Loca:i Law Enforcement Agencies access to the
California Identification System is made and entered into this 25th day of April, 2003, 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 CUPERTINO, a municipal corporation, the CITY
OF GILROY, a municipal corporation, the CITY OF LOS 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 OF SUNNYVALE, a municipal corporation
(hereinafter collectively referred to as "Incorporated Cities ").
RECITALS
= _ - Whereas, on April 26 1988, the County and Incorporated Cities entered into an "Agreement to Provide
Local Law Enforcement Agency Access to the California 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 San 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, on October 8, 2002, County and Incorporated Cities entered into a 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 ( "MOU ") to set
forth their respective obligations with respect to the cost and operation and maintenance of the CAL -ID
and AFIS Program ( "Consolidated Program "); and
Whereas, County and Incorporated Cities desired to amend the terms of the MOU
NOW, THEREFORE, County and Incorporated Cities hereby agree as follows:
1. Section 2 of the MOU is amended to read as follows:
SECTION 2. TERM AND TERMINATION
=_ The Effective Date of this MOU shall be the date it has been executed by the County and the City of San
Jose. This MOU shall be additionally binding as to each of the other Incorporated Cities as of the date
that the individual Incorporated City has executed a Signature Addendum. The MOU shall continue in
effect until terminated by the parries, either as a whole, or individually.
T- 20.0151202721.2
RD:BD CB:\/I
- 4i 1 -1105
Any party may terminate their participation in this MOU by providing written notice of termination to the
City of San Jose. Termination of this MOU by any Incorporated City, excluding the City of San Jose,
shall not terminate the MOU as to the County, the City of San Jose or any of the other remaining
Incorporated Cities. The termination shall be effective sixty (60) calendar days after the City of San
Jose's receipt of such notice. Termination does not relieve the County or any Incorporated City from
paying costs to June 30 of the fiscal year of termination as commitments have been made to all uses of the
shared operation costs for the fiscal year. In addition, the County or Incorporated City remains obligated
to payback for any commitment that extends beyond the end of the fiscal year of termination, provided
that the City Manager /County Executive or City Council /Board of Supervisors signs a separate agreement
acknowledging the full payback commitment.
2. Section 7 of the MOU is amended to read as follows:
SECTION 7. MUTUAL INDEMNIFICATION AND HOLD HARMLESS
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the
Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred
by a party shall not be shared pro rata but instead the County and parties agree that pursuant to
Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the
other parties, their officers, board members, employees and agents, harmless from any claim, expense or
cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by
reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers,
board members, employees or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member,
employee or agent thereof shall be responsible for any damage or liability occurring by reason of the
negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members,
employees or agents, under or in connection with or arising out of any work, authority or jurisdiction
delegated to such other parties under this Agreement. F'or purposes of this paragraph, "agents" does not
include another party to this MOU.
3. Section 8 is amended to read as follows:
SECTION 8. DISPUTE RESOLUTION.
Any dispute among the parties regarding the interpretation or application of any term of this MOU or any
exhibit thereto may be brought to the Local Policy Board. The Local Policy Board shall meet within 60
days of such notification by an interested party, or parties, and shall make their best efforts to render a
determination regarding the dispute.
4. The following new sections are added to be numbered and entitled and to read as follows:
SECTION 9. NOTICE
"-' All notices required by this MOU will be deemed given when in writing and delivered personally or
deposited in the United States mail, postage prepaid, return receipt requested. Notices given to the City
of San Jose and the County shall be given at the addresses set forth below. Notices given to any of the
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Incorporated Cities joining this MOU by signing a Signature Addendum shall be sent to person indicated
on the Signature Addendum.
City of San Jose Police Department
Office of the Chief of Police
201 West Mission St.
San Jose, CA 95110
Santa Clara County Sheriff
Office of the Sheriff
55 West Younger Avenue
San Jose, CA 95110
The District Attorney of Santa Clara County
Office of the District Attorney
70 West Hedding Street
San Jose, CA 951.10
SECTION 10. AMENDMENTS
This Agreement may be amended only by an instrument signed by the parties.
SECTION 11. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute one and the same instrument.
SECTION 12. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or
unenforceable, the same will either be reformed to comply with applicable law or stricken if not so
conformable, so as not to affect the validity or enforceability of this Agreement.
SECTION 13. WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of
that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall
apply to the specific instance expressly stated.
SECTION 14. GOVERNING LAW
This Agreement has been executed and delivered in, and will be construed and enforced in accordance
with, the laws of the State of California.
SECTION 15. ENTIRE AGREEMENT
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This document represents the entire Agreement between the parties with respect to the subject matter
hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the
subject matter of this Agreement are merged into this Agreement.
5. Exhibit A is amended to read as set forth in Revised Exhibit A which is attached hereto.
6. Exhibit B is amended to read as set forth in.Revised Exhibit B which is attached hereto.
7. Exhibit D is amended to read as set forth in Revised Exhibit D which is attached hereto
8. All of the terms and conditions of the original MOU not modified by this First Amendment shall
remain in full force and effect.
APPROVED AS TO FORM
'Brian Do e
Senior Deputy City Attorney
APPR 0 VEDAS TO FORM AND LEGALITY
,r...- ..----_ _
CITY OF SAN JOSE
Patricia L. O'Heam
City Clerk
COUNTY OF SANTA CLARA
George Kennedy
Dis Attorney
B y:
aurie Smith,
Sheriff
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FIRST AMENDMENT TO
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
SIGNATURE ADDENDUM
By executing below the undersigned Incorporated City acknowledges and accepts the terms and
conditions of the First Amendment to the Memorandurn 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'.:ias 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.
All notices required by this Agreement will be deemed given when in writing and delivered personally or
deposited in the United States mail, postage prepaid, rel11m receipt requested, addressed to the other party
at the address set forth below or at such other address as the party may designate in writing:
(Provide name and address to which notice must be sent)
INCORPORATED CITY
By: _
Name:
Title:_
Date:
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REVISED
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 Board" ( "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 a member -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 matters concerning the local AFIS and all local RAN
equipment within the County, adhering to the policy 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 limited 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 fmancial 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 overhead costs incurred in the annual operation cfthe CAL -ID Program.
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AA ALLOCATED PERCENTAGES
All costs of the CAL -ID Program as set forth in subsection A.3, above, shall be allocated among the
parties to the MOU based on each party's percentage share of the total population of each local agency
participating in the CAL -ID Program ( "the Allocated Percentages ") Additionally, the County's Office of
the District Attorney shall contribute 26.8 percent of the entire budget. The initial Allocated Percentages
shall be as set forth in Attachment I to this First Amendment to MOU.
Thereafter, on an annual basis, the Board shall recalculate the Allocated Percentages based upon the
population figures used for allocating these costs. The Allocated Percentages shall be based on the most
recent State of California Department of Finance Population Estimates. For the purpose of this MOU, the
County share of population shall be the population of the unincorporated area of the County.
A.5 ANNUAL BUDGET
No later than 150 days prior to the commencement of any fiscal year, 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 Board.
2. On or before April 1 of the preceding fiscal year, tae City of San Jose shall notify each party of its
share of the estimated costs for the succeeding year, which shall be allocated among the parties in the
manner prescribed in Section A.4. 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 August 15 of the fiscal year for
which the payments are due.
4. Payments made pursuant to this MEMORANDUM OF UNDERSTANDING shall be nonrefundable
and shall not be returned to any party unless all pari:ies agree to terminate this MEMORANDUM OF
UNDERSTANDING and to discontinue the CAL -ID 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 to the annual budget approved by the Local Policy
Board.
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 and 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.
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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 the City of San Jose, shall determine the additional
amount needed to meet the costs for that fiscal year. Each party shall contribute its share of the additional
amount, which share will be based on the party's percentage 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 A.5 at the time these costs are due and payable.
A.S 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 Jose under the CAL -ID Agreement.
A.9 NEW USERS
A non - participating agency seeking to participate in the 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 terms and conditions. If the addendum or amendment
does not require any greater expenditure by the City of San Jose after approval of the Local Policy Board,
it may be executed by the City Manager of the City of San Jose, who is authorized to execute the
addendum or amendment on behalf of the parties to this MEMORANDUM OF UNDERSTANDING.
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REVISED
EXHIBIT B
OPERATIONAL RESPONSIBILITIES
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 overall direction mutually established by the Local
Policy Board.
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 (AFIS), including but not limited to the 10 -Print files and latent
print files.
City of San Jose shall receive and verify all 10 -print files from all remote sites in Santa Clara
County.
3. City of San Jose shall provide continuing quality control (editing) on incoming fingerprint images
with existing database records.
4. 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.
City of San Jose shall provide statistics annually within a Fiscal Year to the Local Policy Board.
These statistics shall include, but not be limited to the following: I0 -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 data 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.
The Central Identification Unit (CIU) 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. CIU shall notify System Users and County contact
of any period when coverage is not available.
7. 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.
8. ,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 assure that the operating system, matchers,
hardware and all related components will be available in a state that the operating purposes of this
MOU are supported at the agreed -upon level. A process for 24 hour per day /7day per week
notification and response will be established.
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9. 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 use CIU under this MOU. The list will
recognize that a primary purpose of the System is to assure timely identification of persons being
booked into custody.
13.3 COUNTY'S RESPONSIBILITIES
County shall provide the following services:
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 communication 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 services:
1. Each Incorporated City shall provide space and pourer for their City's operated AFIS equipment
which is linked to CIU.
Each Incorporated City shall provide their own personnel 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 CIU and the Incorporated City,
13.5 ACCESS
City and County shall each have the right to search, to determine system status (files, statistics, and
throughput). Only CIU staff has the right to register prints 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.
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EXHIBIT 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 I,IT operated by CIU
CIU the Central Identification Unit of the San Jose Police Department
CJIC Criminal Justice Information 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 CIU, management of the agreed upon budget
within the parameters established, provision of periodic financial reports of
revenues and expenditures, 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 Accounting Principles
Latent. Print Files digital or hardcopy images of fingerprints taken from crime scenes
LIT Equipment Local Input Terminal used to search the state AFIS
Local-.Policy Board CAL -ID Remote Access Network (RAN) Policy Board as described in
Section A.1 (A).
RAN Remote Access Network; access to the state AFIS through the LIT
Tenpri w�:..or 1:0- 1P,^mt,Files digital or hardcopy images of rolled fingerprints
CalID -Is (,_A nendnwnt 11