00-111 California ID SystemsRESOLUTION 110.00-260
A RESOLUTION OF THE CITY COUNC:[L OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTI W ENFORCEMENT AGENCY ACCESS~TO THE T
TO PROVIDE LOCAL LA
CALIFORNIA IDENTIFICATION SYSTEM
WHEREAS, there has been presented to the City Council an amended and
restated agreement between the County of Santa Clara, the City of Campbell, the City of
Cupertino, the City of Gilroy, the City of Los Altos, the Town of Los Altos Hills, the
Town of Los Gatos, the City of Milpitas, the City of Monte Sereno, the City of Morgan
Hill, the City of Mountain View, the City of Ps~lo Alto, the City of San Jose, the City of
Santa Clara, the City of Saratoga, and the City of Sunnyvale to provide local law
enforcement agencies access to the California Identification System; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the Director of Administrative Services and the City Attorney.
NOW, THEREFORE, BE I ementOned aD reement and authorizes the Mayor to
Cupertino hereby approves the afor g
execute said agreement on behalf of the City oi' Cupertino.
PASSED AND ADOPTED at a regula~• meeting of the City Council of the City of
Cupertino this 16th day of October 2000, by tht; following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~tpPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk lviayor, City of Cupertino
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AND RESTATED AGREEMENT between the parties and supersedes any and all oral
understandings, representations, or promises. Any change or modification to this
AMENDED AND RESTATED AGREEMENT rnust be in writing and signed by the
authorized representatives of the parties therE~to.
WITNESS THE EXECUTION HEREOF, the day and year first written above.
APPROVED AS TO FORM
City Attorney
CITY OF CAh~iPBELL
By.
Dated:
APPROVED AS TO RM: CITY OF iJF'ERTINO
e`'~ ' ~ '
,-
B~-'~ ~~ Dated. ~~
City Attorney ohn Statton, Mayor
APPROVED AS TO FORM: CITY OF GILROY
By
City Attorney
APPROVED AS TO FORM: CITY OF LO:~ ALTOS
By
City Attorney
APPROVED AS TO FORM: TOWN OF L(~S ALTOS HILLS
BY
Town Attorney
APPROVED AS TO FORM: TOWN OF L1~S GATOS
By
Town Attorney
Dated:
Dated:
Dated:
Dated:
AMENDED AND RESTATED AGREEMENT 021700.da 1
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AMENDED AND RESTAI~ED AGREEMENT
TO PROVIDE LOCAL LAIN ENFORCEMENT
AGENCY ACCESS TO 'THE CALIFORNIA
IDENTIFICATION SYSTENI
ED AND RESTATED AGREEMEI~IT is made and entered into this
THIS AMEND
day of - ~ 2000, by and between the COUNTY OF SANTA CLARA, a
county of the State of California (hereinafter "County"), the CITY OF CAR ":PBELL, a
municipal corporation, the CITY OF CUPERTINO, a municipal corporati~~n, ;he 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 CiTI' 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 the Incorporated Cities entered into an
agreement entitled "Agreement to Provide Local Law Enforcement Agency Access to
the California Identification System" ("AGREEC'JIENT"); and
WHEREAS, since the date of the AGREEME~IT, the County and the Incorporated
Cities have entered into eleven amendments to the AGREEMENT to modify various
terms and extend the term of the amended AGREEMENT through June 30, 2000; and
WHEREAS, the County and the Incorporated Cities desire to amend and restate the
terms of the amended AGREEMENT in order: (1) to allow the California Identification
~~s~~
~e~b~
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System to be operated from year to year without being subject to annual amendment,
(2) to formalize the existence and regulate the use of the reserve fund that has
accumulated since 1988; and (3) to update the AMENDED AND RESTATED
AGREEMENT ("AMENDED AND RESTATED ~aGREEMENT").
NOW, THEREFORE, the County and Incorpor~~ted Cities agree that the AMENDED
AND RESTATED AGREEMENT will state as follows:
SECTION 1. PURPOSE
The purpose of this AMENDED AND RESTATI~D AGREEMENT is to maintain
the existing Local ID System within Santa Clare County, which provides
coordinated county wide access to the California Identification System ("CAL-ID
System"); to authorize procedures allowing local law enforcement agencies
within Santa Clara County direct access to the CAL-ID System for fingerprint
identification; to allocate equitably among the I~arties the costs of maintaining the
Local ID System within Santa Clara County.
SECTION 2. TERM OF AMENDED AND RESTATED AGREEMENT
The term of this AMENDED AND RESTATED AGREEMENT shall commence on July
1, 2000 and shall continue in effect until terminated pursuant to the terms of Section 13.
SECTION 3. LOCAL POLICY BOARD
A. Pursuant to California Penal Code Sec1~ion 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, 2~ 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 amember-at-large chosen by the other members.
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B. Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall:
Establish policies and procedures necessary to implement the purposes
of this AMENDED AND RESTATED AGREEMENT;
2. Establish a budget and approve expenditures consistent with the terms of
this AMENDED AND RESTATED AGREEMENT;
3. Determine and coordinate the purchase, acceptance, placement,
installation, use, maintenance, replacement, disposition of, and all other
matters concerning all local remol:e access network equipment ("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 tt~e ongoing use and maintenance of the
local RAN equipment adhering to the policy. guidelines and procedures
adopted by the California Departrent of Justice; and
5. Determine the placement of pers~~nnel funded by the Local ID System.
SECTION 4. ADMINISTRATION
The City of San Jose has been and shall continue to be the general administering
agency for the Local ID System. The City of San Jose has been and shall continue to
provide fiscal management of the Local ID System fund and expenditures, including,
but not limited to: (1) establishing the interest-gearing accounts pursuant to Section 8
into which shall be deposited all-funds receive~~ under this AMENDED AND RESTATED
AGREEMENT and from which shalt be paid all costs and expenses incurred under this
AMENDED AND RESTATED AGREEMENT; (2) billing each party for that party's share
of the costs under this AMENDED AND RESTATED AGREEMENT; (3) providing each
of the parties and the Local Policy Board with periodic reports and an annual financial
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report at the end of each fiscal year; and (4) payment of all Local Policy Board
expenses.
SECTION 5. FUNDING
The parties to this AMENDED AND RESTATED AGREEMENT shall pay the costs of
the Local ID System, with the exception of the City of San Jose, which shall make non-
cash contributions to the System in lieu of direct cash contributions.
SECTION 6. PAYMENTS
A. Costs. Cost components of the local automated fingerprint identification system
("Local ID System") in Santa Clara County include: (i} new equipment costs; (ii)
annual operating costs, and (iii) miscell2~neous costs related to the operation of
the Local Cal-ID System not included in Subparagraphs (i) and (ii). For purposes
of this AMENDED AND RESTATED AGREEMENT, "annual operating costs"
shall include, but not be limited to, the costs of personnel, supplies, materials,
utilities, maintenance, repair, training and other costs incurred in the annual
operation of the Local ID System.
B. Allocation of Costs
1. City of San Jose In-Kind Contribui:ion. The City of San Jose shall not be
required to pay any portion of the costs set forth in Section A, but shall
instead provide in-kind contributions by acting as the general administering
agency and fiscal agent for the Local ID System as set forth in Section 4
and provide City of San Jose em~~toyees to operate the Local ID System.
The City's in-kind contribution. to the Local ID System is contingent upon
annual appropriations by the City of San Jose City Council.
2. Payments by All Parties Except tree City of San Jose. All costs of the Local
ID System as set forth in Subsection A, above, shall be allocated among
the Parties to the AMENDED AND RESTATED AGREEMENT, with the
exception of the City of San Jose, based on each party's percentage share
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of the total population of all agencies participating in the System, not
including the population of the Cit`/ of San Jose. The population figures
used for allocating these costs shell be established by the most recent
State of California Department of Finance Population Estimates. For the
purpose of this AMENDED AND F;ESTATED AGREEMENT, the County's
share of population shall be the population of the unincorporated area of
Santa Clara County.
C. Payments Nonrefundable. Payments made pursuant to this AMENDED AND
RESTATED AGREEMENT shall be nonrefundable and shall not be returned to
any party unless all parties agree to terminate this AMENDED AND RESTATED
AGREEMENT and to discontinue the Local ID System in Santa Clara County.
SECTION 7. AFIS SYSTEM CONTRIBUTION TO LOCAL ID SYSTEM
A. On May 20, 1997 the City of San Jose ~~nd the County of Santa Clara entered
into a Memorandum of Understanding f3egarding the Acquisition and Operation
of the Automated Fingerprint Identification System Between the City of San Jose
and the County of Santa Clara ("AFIS It9EMORANDUM OF
UNDERSTANDING"}. Under the terms of the AFIS MEMORANDUM OF
UNDERSTANDING the Local ID System is allowed to use the AFIS System in
order to fulfill its responsibilities under this AMENDED AND RESTATED
AGREEMENT.
B. The funding, ownership, operation, and control over the AFIS System is
determined according to the terms of ti'ie AFIS MEMORANDUM OF
UNDERSTANDING and not by the .terms of this AMENDED AND RESTATED
AGREEMENT.
SECTION 8. ANNUAL BUDGET
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A. Prior to the commencement of any fiscal year, the City of San Jose shall
estimate the costs for that fiscal year. Tlie estimated annual budget shall be
approved, disapproved or amended by the Local Policy Board.
B. 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 tl~e manner prescribed in Section 6,
above.
C. 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.
D. Interest Bearing Trust Accounts. PaymE~nts shall be deposited in interest-
bearing trust accounts maintained by thE; City of San Jose for benefit of the Local
ID System, with any eamed 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 ~~ccounts to pay for costs according to
the annual budget approved by the Loc<<I Policy Board.
1. 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 buclget surpluses and interest accrued on
the corpus of the fund. The ResE~rve funds shall be held in an interest
bearing trust account for benefit of the Local ID System, with any earned
interest being applied to the account. 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
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to use funds from it for the purpose of paying any of the costs identified in
Section 6 (A).
SECTION 9. 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 Boa~~d, with the assistance of the City of San
.l::~e, shall determine the additional amount needed to meet the costs for that fiscal
year. Each party, except for the City of San Jo:;e, 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 Local ID System, not including the
population of the City of San Jose. 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.
SECTION 10. EMPLOYEES
The City of San Jose shall provide such employees as the Local Policy Board considers
necessary to the efficient operation of the Local ID System. 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 Ise paid for out of the payments made
by the parties pursuant to Section 6 at the time these costs are due and payable.
SECTION 11. OWNERSHIP OF EQUIPMENT
A. Local Remote Access Network (RANI Equipment. Local RAN equipment
consists of one Local Input Terminal and associated equipment purchased to
facilitate the Local ID System, and is not inclusive of the City of San Jose/County
of Santa Clara Automated Fingerprint Identification System (APIs) and
associated equipment.
B. Ownership of the local RAN equipment purchased pursuant, to Penal Code
Section 11112.5(a), shall be vested as follows:
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1. Ownership of the four (4) high-resolution facsimile machines or
replacements to such machines sf•iall be vested in the County, which shall
not .have the right to sell, transfer, ~or otherwise dispose of such equipment
without the prior written approval of the Local Policy Board, except in the
event that this AMENDED AND RESTATED AGREEMENT is terminated by
~:_" parties and the Local ID System is discontinued, in which case the
County may retain for itself all or any portion of such equipment as permitted
by law.
2. Ownership of all other Local RAN equipment or replacements of such
equipment shall be vested in the City of San Jose, which shall not have the
right to sell, transfer or otherwise dispose of such equipment without the
prior written approval of the Local I~olicy Board, except in the event: that this
AMENDED AND RESTATED AGREEMENT is terminated by all parties and
the Local ID System is discontinued, in which case the City of San Jose may
retain all or any portion of such equipment as permitted by law.
3. In the event that this AMENDED AIVD RESTATED AGREEMENT is
terminated by all parties, the Local ID System is discontinued and the City of
San Jose does not retain for itself the machines equipment referred to in
this Section, the Local Policy Boarci shall sell, transfer or dispose of such
equipment in any manner allowed Icy law. To the extent permitted by law,
any proceeds received by the Board shall be distributed among the past and
present parties to this Agreement vrho contributed to the cost of acquiring
such machines and equipment based upon each party's percentage
contribution to the acquisition of such machines or equipment.
SECTION 12. IRREPARABLE DAMAGE TO EQUIPMENT
A. In the event that the local RAN equipment, or any portion thereof, is destroyed or
damaged beyond repair, replacement equipment shall be purchased. Except as
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provided in Subsection B, the cost of ref~lacement equipment shall be allocated
among all parties, including the City of San Jose, based upon each party's
percentage of the total population of all parties to this Agreement (including the
population of the City of San Jose and tFie population of the unincorporated area
of the County).
B. In the event IUcal FLAN equipment, or arn,r portion thereof, is destroyed or
damaged beyo~,:! repair due to the willful misconduct of the City of San Jose
and/or the County, their officers, agents ;and employees, in which event, the
replacement cost shall be borne by the City of San Jose or the County,
whichever is responsible for such damage.
SECTION 13. TERMINATION
A. Any party may terminate this AMENDED AND RESTATED AGREEMENT and its
participation in he Local ID System by pr~~viding written notice of termination to
the Local Policy Board and to the City of San Jose Chief of Police on or before
February 1, which will be effective as of the following July 1. A Party's
participation in the Local ID System shall automatically terminate at the end of
any fiscal year in the event that funds arE~ not appropriated by that party for the
next succeeding fiscal year.
B. Interest Bearing Account Funds. If all. parties agree to terminate this AMENDED
AND RESTATED AGREEMENT and to discontinue the System, any funds
remaining in the interest-bearing accounts referred to in Section 8, above, shall
be distributed to the then-current parties i:o this AMENDED AND RESTATED
AGREEMENT, except for the City of San Jose. Such distributions shall be
distributed on the basis of each party's pE~rcentage share of the total population
of the then-current parties to this Agreement, not including the population of the
City of San Jose. Distributions shall not k-e made until all outstanding expenses
of the System have been paid or otherwi~;e provided for.
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C. Proceeds From Sale or Transfer of Sys1rem Equipment. If all parties agree to
terminate this Agreement and to discontinue the System, and if the Local Policy
Board sells or transfers all or any portion of the System equipment pursuant to
Section 11, any such proceeds receivecl from such sale or transfer shall be
distributed in the manner specified in SE:ction 11.
SECTION 14. NEW USERS
A non-participating agency seeki~~q to participate in the Local ID System shall not be
allowed to participate without the approval of tf•~e Local Policy Board. New agencies
that are allowed to participate in the System shall be required to execute an
amendment to this AMENDED AND RESTATED AGREEMENT by which the new
agency agrees to be a party to this AMENDED AND RESTATED AGREEMENT and to
be subject to all of its terms and conditions. Tree amendment may be executed by the
City Manager or Chief of Police of the City of San Jose, who are each authorized to
execute the amendment on behalf of the parties to this AMENDED AND RESTATED
AGREEMENT.
SECTION 15. INDEMNIITY AND CONTRIBUl'ION
Each Party, including the City of San Jose, 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 L~acal ID System by the City of San Jose,
its officers, agents, or employees, excepting acts of willful misconduct by the City of
San Jose, its officers, agents, or employees. Such costs shall be allocated among the
parties, including the City of San Jose, based upon each party's percentage of the total
population of all parties to this AMENDED AND RESTATED AGREEMENT, including
the population of the City of San Jose.
SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS
This AMENDED AND RESTATED AGREEMENT sets forth the entire AMENDED
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AND RESTATED AGREEMENT between the p~~rties and supersedes any and all oral
understandings, representations, or promises. ,4ny change or modification to this
AMENDED AND RESTATED AGREEMENT must be in writing and signed by the
authorized representatives of the parties theretc-.
WITNESS THE EXECUTION HEREOF, the day and year first written above.
APPROVED AS TO FORM: CITY OF CANiF'BELL
City Attorney
By Dated:
APPROVED AS TO FORM: CITY 0~6UPE:RTINO
~/- ,~ , ;~
~~B ~ `~ ~~ % Dated:
City Attorney John Statton, Mayor
APPROVED AS TO FORM: CITY OF GILROY
_ _ „ ~ ,., ~ By Dated:
City Attorney
APPROVED AS TO FORM: CITY OF LOS ~~LTOS
By Dated:
City Attorney
APPROVED AS TO FORM: TOWN OF LOS ALTOS HILLS
Town Attorney
APPROVED AS TO FORM
Town Attorney
• By,
TOWN OF LOS GATOS
By.
Dated:
Dated:
AMENDED AND RESTATED AGREEMENT 021700.doc
SANTA CLARA COUNTY
CAL-IID
PROPOSED E3UDGET
FISCAL YEAR 2000-01
PERSONAL SERVICES
Salary
7 Latent Fingerprint Examiner ff"s $489,365
Holiday/Overtime Pay
7 Latent Fingerprint Examiner II's
Total Expected Personal Services Expenditure:
(Salary Source: San Jose Police Department Fiscal Unit)
NON-PERSONAL SERVICES
Fax Maintenance
Supplies ~ Film
Training
Professional dues & certifications
Total Expected Non-Personal Expenditure:
TOTAL FY 2000-01 BUDGET:
$15,395
$536,760
CAL-ID RESERVE BALANCE (As of 6/30/99) $490,235.22
EXPENDITURES
Local Input Terminal (LIT)--Y2K Replacement $107,708.75
(Installation: July 2000 -One year warranty)
More Hits $90,000.00
_ ESTIMATED REMAINING RESERVE;
CAL-ID OPERATIONS
EXHIBIT A
$32,000
$521,365
$800
$7,000
$7,000
$595
$292,526.47
2/28/00
SANTA CLARA COUNTY CAL-ID
ALLOCATION OF OPERATING COSTS
FISCAL YEAR 2000-01
CAMPBELL
CUPERTINO
GILROY
LOS ALTOS
LOS ALTOS HILLS
LOS GATOS
MILPITAS
MONTE SERENO
MORGAN HILL
MOUNTAIN VIEW
PALO ALTO
SANTA CLARA
SARATOGA
SUNNYVALE
UNINCORPORATED
Total
Estimated
January-99
39,850
47,650
39,050
28,500
8,250
30,250
64, 300
3,440
31,900
75,200
61,200
102, 700
31,250
132,900
109,800
806,240
Percent Share
4.943%
5.910%
4.843%
3.535%
1.023%
3.752%
7.975%
0.427%
3.957%
9.327%
7.591 %
12.738%
3.876%
16.484%
13.619%
100.000%
CAL-ID OPER~-TIONS
2000-01
Share
$26,530.42
$31,723.33
$25,997.81
$18,974.08
$5,492.50
520,139.15
$42,808.18
$2,290.20
$21,237.65
$50,064.93
$40,744.33
$68,373.25
$20,804.91
$88,479.12
$73,100.13
$536,760.00
EXHIBIT A 2/2sioo
EXPLANATION OF PROJECTED EXPENDITURES
FY 200(1-01
PERSONAL SERVICES
Salary Calculations
Seven Latent Fingerprint Examiner II's
Includes:
3.25% Salary Inc-ease 7/1/00
Nightshift Differential for 4 employees
($1.40/hr X 2080 hr X 4)
Holiday/Overtime Pav (calculated ~ top step, 110 hours per employee)
Latent Fingerprint Examiner !t: $27.65 X 1.5=$41.48 X 770 hours
Total Personal:
NON-PERSONAL SERVICES
Differences from last year's budget projection:
UT Maintenance: decrease from $15,078 to $0
Fax Maintenance: no change ~
Supplies and film: no change C~1
Training: no change ~
Professional dues & certifications: no change ~
Total Non-Personal:
Total
CAL-ID OPERATIONS
$489,365
$32,000
$521,365
$0
$800
$7,000
$7,000
$595
$15,395
5536,760
EXHIBII~ A 2/28/00
RESOLUTION x10.00-260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AMENDED AND RESTATED AGREEMENT
TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE
CALIFORNIA IDENTIFICATION SYSTEM
WHEREAS, there has been presented to .the City Council an amended and
restated agreement between the County of Santa. Clara, the City of Campbell, the City of
Cupertino, the City of Gilroy, the City of Los Altos, the Town of Los Altos Hills, the
Town of Los Gatos, the City of Milpitas, the City of Monte Sereno, the City of Morgan
Hill, the City of Mountain View, the City of Pa o Alto, the City of San Jose, the City of
Santa Clara, the City of Saratoga, and the City of Sunnyvale to provide local law
enforcement agencies access to the California Identification System; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the Director of Admi~rustrative Services and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to
execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular:neeting of the City Council of the City of
Cupertino this 16`h day of October 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
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AMENDED AND RESTATED AGREEMENT
TO PROVIDE LOCAL LA~JV ENFORCEMENT
AGENCY ACCESS TO THE CALIFORNIA
IDENTIFICATION SYSTEM
THIS AMENDED AND RESTATED AGREEMEI~IT is made and entered into this
day of - 2000, by and between the OOUNTY OF SANTA CLARA, a
county of the State of California (hereinafter "County"), the CITY OF CAF "PBELL, a
municipal corporation, the CITY OF CUPERTINO, a municipal corporati~~n, :he 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 i~nunicipal 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 corporatiion, and the CITY OF SUNNYVALE, a
municipal corporation (hereinafter collectively referred to as "Incorporated Cities").
RECITALS
WHEREAS, on April 26, 1988, the County and the Incorporated Cities entered into an
agreement entitled "Agreement to Provide Local Law Enforcement Agency Access to
the California Identification System" ("AGREEMINT"); and
WHEREAS, since the date of the AGREEMENT', the County and the Incorporated
Cities have entered into eleven amendments to the AGREEMENT to modify various
terms and extend the term of the amended AGFEEMENT through June 30, 2000; and
WHEREAS, the County and the Incorporated Cities desire to amend and restate the
terms of the amended AGREEMENT in order: (1) to allow the California Identification
~(5~~
l~eC~ .
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System to be operated from year to year without being subject to annual amendment,
(2) to formalize the existence and regulate the use of the reserve fund that has
accumulated since 1988; and (3) to update the AMENDED AND RESTATED
AGREEMENT ("AMENDED AND RESTATED AGREEMENT").
NOW, THEREFORE, the County and Incorporated. Cities agree that the AMENDED
AND RESTATED AGREEMENT wi11 state as follows:
SECTION 1. PURPOSE
The purpose of this AMENDED AND RESTATED AGREEMENT is to maintain
the existing Local ID System within Santa Clara County, which provides
coordinated county wide access to the California Identification System ("CAL-ID
System"); to authorize procedures allowing local law enforcement agencies
within Santa Clara County direct access to the CAL-ID System for fingerprint
identification; to allocate equitably among the parties the costs of maintaining the
Local ID System within Santa Clara County.
SECTION 2. TERM OF AMENDED AND RESTATED AGREEMENT
The term of this AMENDED AND RESTATED AGREEMENT shall commence on July
1, 2000 and shall continue in effect until terminated pursuant to the terms of Section 13.
SECTION 3. 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 amember-at-large chosen by the other members.
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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 AMENDED AND RESTATED AGREEMENT;
2. Establish a budget and approve e:penditures consistent with the terms of
this AMENDED AND RESTATED AGREEMENT;
3. Determine and coordinate the pun~hase, acceptance, placement,
installation, use, maintenance, reF~iacement, disposition of, and all other
matters concerning all local remote access network equipment ("local
RAN equipment") within the Couni:y, 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 RAN equipment adhering to ~~Ihe policy guidelines and procedures
adopted by the California Department of Justice; and
5. Determine the placement of personnel funded by the Local ID System.
SECTION 4. ADMINISTRATION
The City of San Jose has been and shall continue to be the general administering
agency for the Local ID System. The City of San Jose has been and shall continue to
provide fiscal management of the Local ID System fund and expenditures, including,
but not limited to: (1) establishing the interest-bE~aring accounts pursuant to Section 8
into which shall be deposited all funds received under this AMENDED AND RESTATED
AGREEMENT and from which shall be paid all costs and expenses incurred under this
AMENDED AND RESTATED AGREEMENT; (2) billing each party for that parry's share
of the costs under this AMENDED AND RESTATED AGREEMENT; (3) providing each
of the parties and the Local Policy Board with periodic reports and an annual financial
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report at the end of each fiscal year; and (4) payment of all Local Policy Board
expenses.
SECTION 5. FUNDING
The parties to this AMENDED AND RESTATED AGREEMENT shall pay the costs of
the Local ID System, with the exception of the City of San Jose, which shall make non-
cash contributions to the System in lieu of direct cash contributions.
SECTION 6. PAYMENTS
A. Costs. Cost components of the local automated fingerprint identification system
("Local 1D System") in Santa Clara County include: (:} new equipment costs; (ii)
annual operating costs, and (iii) miscellaneous costs related to the operation of
the Local Cal-ID System not included in Subparagraphs (i) and (ii). For purposes
of this AMENDED AND RESTATED AGREEMENT, °annual operating costs"
shall include, but not be limited to, the costs of personnel, supplies, materials,
utilities, maintenance, repair, training and other costs incurred in the annual
operation of the Local 1D System.
B. Allocation of Costs
1. City of San Jose In-Kind Contribution. The City of San Jose shall not be
required to pay any portion of the costs set forth in Section. A, but shall
instead provide in-kind contributions by acting as the general administering
agency and fiscal agent for the Local ID System as set forth in Section 4
and provide City of San Jose employees to operate the Local ID System.
The City's in-kind contribution. to the Local ID System is contingent upon
annual appropriations by the City of San Jose City Council.
2. Payments by All Parties Except the City of San Jose. All costs of the Local
ID System as set forth in Subsection A, above, shall be allocated among
the Parties to the AMENDED AND RESTATED AGREEMENT, with the
exception of the City of San Jose, based on each party's percentage share
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of the total population of all agencies participating in the System, not
including the population of the Cit,/ of San Jose. The population figures
used for allocating these costs shell be established by the most recent
State of California Department of (Finance Population Estimates. For the
purpose of this AMENDED AND RESTATED AGREEMENT, the County's
share of population shall be the population of the unincorporated area of
Santa Clara County.
C. Payments Nonrefundable. Payments made pursuant to this AMENDED AND
RESTATED AGREEMENT shall be nonrefundable and shall not be returned to
any party unless all parties agree to terrninate this AMENDED AND RESTATED
AGREEMENT and to discontinue the Local ID System in Santa Clara County.
SECTION 7. AFIS SYSTEM CONTRIBUTION TO LOCAL ID SYSTEM
A. On May 20, 1997 the City of San Jose and the County of Santa Clara entered
into a Memorandum of Understanding Flegarding the Acquisition and Operation
of the Automated Fingerprint Identificati~~n System Between the City of San Jose
and the County of Santa Clara ("AFIS MEMORANDUM OF
UNDERSTANDING'. Under the terms of the AFIS MEMORANDUM OF
UNDERSTANDING the Locat ID System is allowed to use the AFIS System in
order to fulfill its responsibilities under tF~is AMENDED AND RESTATED
AGREEMENT.
B. The funding, ownership, operation, and control over the AFtS System is
determined according to the terms of thE~ AFIS MEMORANDUM OF
UNDERSTANDING and not by the .terms of this AMENDED AND RESTATED
AGREEMENT.
SECTION 8. ANNUAL BUDGET
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A. 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.
B. 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 6,
above.
C. 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.
D. Interest Bearing Trust Accounts. Payments shall be deposited in interest-
bearing trust accounts maintained by the City of San Jose for benefit of the Local
ID System, 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.
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 an interest
bearing trust account for benefit of the Local ID System, with any earned
interest being applied to the account. 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
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to use funds from it for the purpose of paying any of the costs identified in
Section 6 (A).
SECTION 9. 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
,i.:se, shall determine the additional amount neE~ded to meet the costs for that fiscal
year. Each party, except for the City of San Jose, 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 Local ID System, not including the
population of the City of San Jose. 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.
SECTION 10. EMPLOYEES
The City of San Jose shall provide such employees as the Local Policy Board considers
necessary to the efficient operation of the Local ID System. 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 rye paid for out of the payments made
by the parties pursuant to Section 6 at the time these costs are due and payable.
SECTION 11. OWNERSHIP OF EQUIPMENT
A. Local Remote Access Network (RANI Equipment. Local RAN equipment
consists of one Local Input Terminal and Dissociated equipment purchased to
facilitate the Local ID System, and is not inclusive of the City of San Jose/County
of Santa Clara Automated Fingerprint Identification System (APIs) and
associated equipment.
B. Ownership of the local RAN equipment purchased pursuant, to Penal Code
Section 11112.5(a), shall be vested as foll~~ws:
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1. Ownership of the four (4) high-resolution facsimile machines or
replacements to such machines shall be vested in the County, which shall
not .have the right to sell, transfer, or otherwise dispose of such equipment
without the prior written approval of the Local Policy Board, except in the
event that this AMENDED AND RESTATED AGREEMENT is terminated by
~~.'.' parties and the Local ID System is discontinued, in which case the
county may retain for itself all or any portion of such equipment as permitted
by law.
2. Ownership of all other local RAN equipment or replacements of such
equipment shall be vested in the City of San Jose, which shall not have the
right to sell, transfer or otherwise dispose of such equipment without the
prior written approval of the Local Policy Board, except in the event: that this
AMENDED AND RESTATED AGREEMENT is terminated by all parties and
the Local ID System is discontinued, in which case the City of San Jose may
retain all or any portion of such equipment as permitted by law.
3. In the event that this AMENDED AND RESTATED AGREEMENT is
terminated by all parties, the Local ID System is discontinued and the City of
San Jose does not retain for itself the machines equipment referred to in
this Section, the Local Policy Board shall sell, transfer or dispose of such
equipment in any manner allowed by law. To the extent permitted by law,
any proceeds received by the Board shall be distributed among the past and
present parties to this Agreement who contributed to the cost of acquiring
such machines and equipment based upon each party's percentage
contribution to the acquisition of such machines or equipment.
SECTION 12. IRREPARABLE DAMAGE TO EQUIPMENT
A. In the event that the local RAN equipment, or any portion thereof, is destroyed or
damaged beyond repair, replacement equipment shall be purchased. Except as
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provided in Subsection B, the cost of ref~lacement equipment shall be allocated
among all parties, including the City of San Jose, based upon each party's
percentage of the total population of all I~arties to this Agreement (including the
population of the City of San Jose and the population of the unincorporated area
of the County).
B. In the event local RAN equipment, or arn~ portion thereof, is destroyed or
damaged beyo~,d repair due to the willful misconduct of the City of San Jose
and/or the County, their officers, agents and employees, in which event, the
replacement cost shall be borne by the City of San Jose or the County,
whichever is responsible for such damage.
SECTION 13. TERMINATION
A. Any party may terminate this AMENDED AND RESTATED AGREEMENT and its
participation in he Local ID System by providing written notice of termination to
the Locaf Policy Board and to the City of San Jose Chief of Police on or before
February 1, which will be effective as of tl~e following July 1. A Party's
participation in the Local ID System shall automatically terminate at the end of
any fiscal year in the event that funds are not appropriated by that party for the
next succeeding fiscal year.
B. Interest Bearing Account Funds. If all panties agree to terminate this AMENDED
AND RESTATED AGREEMENT and to discontinue the System, any funds
remaining in the interest-bearing account;~ referred to in Section 8, above, shall
be distributed to the then-current parties to this AMENDED AND RESTATED
AGREEMENT, except for the City of San Jose. Such distributions shall be
distributed on the basis of each party's percentage share of the total population
of the then-current parties to this Agreem~:nt, not including the population of the
City of San Jose. Distributions shall not be made until all outstanding expenses
of the System have been paid or otherwise provided for.
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C. Proceeds From Sale or Transfer of System Equipment. If all parties agree to
terminate this Agreement and to discontinue the System, and if the Local Policy
Board sells or transfers all or any portion of the System equipment pursuant to
Section 11, any such proceeds received from such sale or transfer shall be
distributed in the manner specified in Section 11.
SECTION 14. NEW USERS
A non-participating agency seeki;~~ to participate in the Local ID System shall not be
allowed to participate without the approval of the Locaf Policy Board. New agencies
that are allowed to participate in the System shall be required to execute an
amendment to this AMENDED AND RESTATED AGREEMENT by which the new
agency agrees to be a party to this AMENDED AND RESTATED AGREEMENT and to
be subject to all of its terms and conditions. The amendment may be executed by the
City Manager or Chief of Police of the City of San Jose, who are each authorized to
execute the amendment on behalf of the parties to this AMENDED AND RESTATED
AGREEMENT.
SECTION 15. INDEMNIITY AND CONTRIBUTION
Each Party, including the City of San Jose, 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 ID System by the City of San Jose,
its officers, agents, or employees, excepting acts of willful misconduct by the City of
San Jose, its officers, agents, or employees. Such costs shall be allocated among the
parties, including the City of San Jose, based upon each party's percentage of the total
population of all parties to this AMENDED AND RESTATED AGREEMENT, including
the population of the City of San Jose.
SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS
This AMENDED AND RESTATED AGREEMENT sets forth the entire AMENDED
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AND RESTATED AGREEMENT between the parties and supersedes any and all oral
understandings, representations, or promises. ,Any change or modification to this
AMENDED AND RESTATED AGREEMENT must be in writing and signed by the
authorized representatives of the parties thereto.
WITNESS THE EXECUTION HEREOF, the day and year first written above.
APPROVED AS TO FORM: CITY OF CAMPBELL
By Dated:
City Attorney
APPROVED AS TO FORM: CITY OF CUPERTINO
BY Dated:
City Attorney
APPROVED AS TO FORM: CITY OF GILROY
By Dated:
City Attorney
APPROVED AS TO FORM: CITY OF LOS ALTOS
By Dated:
City Attorney
APPROVED AS TO FORM: TOWN OF LOS ALTOS HILLS
By Dated:
Town Attorney
APPROVED AS TO FORM: TOWN OF LOS GATOS
By Dated:
Town Attorney
AMENDED AND RESTATED AGREEMENT 021700.dac
SANTA CLARA COUNTY
CAL-ID
PROPOSED BUDGET
FISCAL YEAR 2000-01
PERSONAL SERVICES
Salary
7 Latent Fingerprint Examiner ft's $489,365
Holiday/Overtime Pay
7 Latent Fingerprint Examiner II's $32,000
Total Expected Personal Services Expenditure: 5521,365
(Salary Source: San Jose Police Department Fiscal Unit)
NON-PERSONAL SERVICES
Fax Maintenance $800
Supplies 8~ Film $7,000
Training $7,000
Professional dues & certifications $595
Total Expected Non-Personal Expenditure: 515,395
TOTAL FY 2000-01 BUDGET: $536,760
CAL-ID RESERVE BALANCE (As of 6/30/99) $490,235.22
EXPENDITURES
Local Input Terminal (LIT)--Y2K Replacement $107,708.75
(Installation: July 2000 -One year warranty)
More Hits $90,000.00
ESTIMATED REMAINING RESERVE:
$292,526.47
CAL-ID OPERATIONS
EXHIBIT A 2/28/00
SANTA CLARA COUNTY CAL-ID
ALLOCATION OF OF~ERATING COSTS
FISCAL YEAR 2000-01
CAMPBELL
CUPERTINO
GILROY
LOS ALTOS
LOS ALTOS HILLS
LOS GATOS
MILPITAS
MONTE SERENO
MORGAN HILL
MOUNTAIN VIEW
PALO ALTO
SANTA CLARA
SARATOGA
SUNNYVALE
UNINCORPORATED
Total
Estimated
January-99
39, 850
47,650
39,050
28,500
8,250
30,250
64,300
3,440
31,900
75,200
61,200
102, 700
31,250
132,900
109,800
806,240
Percent Share
4.943%
5.910%
4.843%
3.535%
1.023%
3.75296
7.975%
0.427%
3.957%
9.327%
7.591 %
12.738%
3.876%
16.484%
13.619%
100.000%
CAL-ID OPERATIONS
2ooo-oi
Share
$26,530.42
$31,723.33
$25,997.81
$18,974.08
$5,492.50
520,139.15
$42,808.18
$2,290.20
$21,237.65
$50,064.93
$40,744.33
$68,373.25
$20,804.91
$88,479.12
$73,100.13
5536,760.00
EXHIBIT' A 2/28/00
EXPLANATION OF PROJECTED EXPENDITURES
FY 2000-01
PERSONAL SERVICES
Salary Calculations
Seven Latent Fingerprint Examiner II's $489,365
Includes:
3.25% Salary Increase 7/1/00
Nightshift Differentia! for 4 employees
($1.40/hr X 2080 hr X 4)
Holiday/Overtime Pav (calculated ~ top step, 110 hours per employee)
Latent Fingerprint Examiner It: $27.65 X 1.5=$41.48X770 hours $32,000
Total Personal: $521,365
NON-PERSONAL SERVICES
Differences from last yea-'s budget projection:
LIT Maintenance: decrease from $15,078 to $0 $0
Fax Maintenance: no change ~ $800
Supplies and film: no change ® $7,000
Training: no change ~ $7,000
Professional dues & certifications: no change ~ $595
Total Non-Personal: $15,395
Total 5536,760
CAL-ID OPERATIONS
EXHIBIT A 2/2sioo