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HomeMy WebLinkAboutReso 1988-13837 RESOLUTION NO. 13837 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT TO PARTICIPATE IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, for the Police Department to participate in San Diego CountT's California identification S7~hem Remote Access Network dated the 1st day of November , 198 8, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. .~ BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by · ' m ' rs, Director D. Richard Rudol~,_~sistant 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~ ,LA VISTA, CALIFORNIA, this 1st dOy of November 19 88 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Cox, McCandliss, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci 1 members Moore  ~~~T~Chulo Visto ATTEST ~ ~_' ~ ~/' City Clerk & ' 'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Celifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, lrue ond correct copy of RESOLUTION N0. 13837 ,ond fhot the some hos not been omended or repeoled DATED City Clerk CC-660 ~- t38~7 AGREEHENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE CHULA~VISTA POLICE DEPARTMENT TO PARTICIPATE IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEN REMOTE ACCESS NETWORK THIS AGREEMENT, made and entered into this day .. of , 1988, is by and between the County of San Diego, a political subdivision of the State of California, ~ .. hereinafter referred to as "COUNTY", and the City of J Chula Vista, a municipal corporation, hereinafter refitted to as "CITY". WITNESSETH WHEREAS, the State Department of Ju~tlce maintains an automated system for retaining and identifying fingerprints, said system being. known as the California Identification System, an'd'hereinafter referred to as "Cal-ID"; and WHEREAS, the Penal Code, Section 11112.1 et esq. provides for the establishment of a Remote Access Network ("RAN"), consisting of a statewide network of equipment and procedure. s allowing local law enforcement agencies direct access to Cal-ID~ and ,, -2- WHEREAS, the San Diego County Sheriff's Department, heceinafter referred to as "SDSD", iS the COUNTY's proprietary agency for San ~,i ~ ~.~ ~ California Identification System/Remote Access Network, hereinafter referred to as *CaI-ID/RAN~ and WHIRrAm, San Diego County's Cal-ID/RAN is governed by / the San Diego County Local CSI-ID/RAN Board, established pursuant to Section 11112.4(a) and (c) uf the California Pena~ Code, and hereinsfter referred to as RAN BOARDI and - WHEREAS, Cal-ID/RAN consists o~ two subsystemel (1) the Automated Fingerprint Identification System, hereinafter referred to as 'AFIS', and (2) the Automated Latent Print System, hereinafter referred to as "ALPSwi.and NaEREAS, Cal-ID/RAN provides remote acceSS through Local Input Terminals, hereinafter referred to as "LXT'I"J and WHIRrAm, the Chula Vista Police Department, hereinafter referred to as "CVPD", a criminal Justice agency, desires to participate in CaI-ID/RAN; and ~HEREAS, the SDSD agrees to provide CVPD access to Cal-ID/RAN, which is to include both AFIS and ALPS inquiries; NOW, THEREFORE~ the parties hereto agree that CVPD will be provided access to Cal-ID/RaN through the SDSD'S bIT site purst~ant to the following terms and ~onditions, I. COST COMPONENTS A. CITY will reimburse COUNTY./fo~ · i · propor'~ional share of the following costs mss~gl~tedl. with C.I-ID/.., ,1, ongoi.g o.,.tio..1 . (2) costs for latent fingerprint tracings prePared'by" ; .. SDSD. 1. ONGOING OPBRATIONA~ COSTS a, Ongoin~ operational costs ("OPERATIONAL COSTS') will include those costs needed to maintain the central computer and suppotting telecommunications operations for the Cal-ID/RAN equipments air condi~ioning maintenance~ tape s~orageJ office supplies; cost for replacing the equipment amortized over ten ~,nding ~or system enhancements authorized by the IIAN BOARD~ utili~iesl support psrsonnsl)~ and related coats necessary ~o~ the o~eration o~ C·I-XD/RAN, ,, b, CITY agrees t~.~ pay / ro COUNTY its p portionel sh·ret,,:.ee. OPERATIONAb COSTS on · qQartetly basis, ClTYes proportional Share the costs will be based ~pon the proportional use o~ the system's Central Processing.Unit (C~U~ use time for latent prints in~ by or for the CITY, The proportional share will be determined on · quarterly basis by COUNTY sta~, CITY will be sssigne~ cPu number lot purposes o~ monitoring the CPU use, c. CITY will not pay for CPU use time related to tenprint ~. identification input by COUNTY. 2. COSTS FOR LATENT FINGEl ~PRINT TRACINGS ..: e. Latent fingerprin~I ..~ tracings (wTRACINGS") mrs not fnol~d~d ~ as a part of OPERATIONAL COSTS! end. ere subject to charge. / ~ b. TRACING8 may be ~' pre~ared by either the CVPD or SDSD for inquiries into the system. c. To encourage trained operators, the SDSD viII provide training in preparing tracings end system use at no cost to the CITY. d. Each trained operator will be assigned a system security password and will be authorSsad to usa the system only alter demonstrating the operator has achieved~ the requisite skills necessary to o~etlto the bIT equipment. e. If the CVID re~ uests, 8DSD will prepare TRACINGS oh behalJ of the CVPD on a reimbursable.basis. (1) The r~ currently charged by the SPeD'is $15.00 pet tracing. (2) 5DBD reserve, the ~.' right to revise the amount it .~.. charges for providing TRACXNG8 in order to ensure full cost ~ecovery. (3) COUNTY'Will provide written notice to CITY at least thirty (30) days .prior to revising the rate charged for preparing TRACINGS. ~. zll,instion prints/should be obtained and provided to SPED f~Or'e preliminary screening to avoid unnecessary entry oZ latent~ prints into Cal-ID. B. CITY agrees to p~ COUNTY ~or the aZoremsntioned cosIs identified in l.&.l. and o~ this AGREEMENT within thirty days aZter receiving invoices from COUNTY for such coats. -~: C. COUNTY will maintain a separate accountability foc the pur.~oses o~ funding Cal-ID/RAN. D. COUNTY will provide CITY & financial report on Cal-ID/RAN at the end of the ~iF~.al year. ? SYSTEM 0PEKATING POLICIZS AND PROCEDU~S A. The primary purpose of Cal-ID/PJ, H shall be to serve all law sn~orcsment agencies in the B. Additional law enforcement may be added and users may be removed ~rom as conditions warrant. C. Participating CITIZS and COUN~Y agree to abide by all State and Federal ~,a~e's,'a~ well as all policies adopted by COUNTY or ~ 20~RD concernin9 the security, privacy and disssmin&tion o~ any and all fin~erprint identification data contained in Cal-ID/I~AN. ,~_v_ D. Operational ~olicy will be established atsfi modified as deemed appropriate by the This policy shall ensure that each user is treated equitably, with p~imar7 consideration based on each user agency's service population and crime rate. E. Any dispute between users over operational policies sstablished by the RAN BOARD · shall be resolved by that BOARD. '~ F. ClTY and COUNTY agree to ensute the ". proper and effective operation and maintenahoe.of equipment used to participate in Cal-ID/RAN. G. CITY and COUNTY agree to continued. to .~. submit fingerprint cards for all specified ariestaro the Department of Justice as required by lay. i Ill. This AGREEMENT incorpor~t~ by referencez California Penal Code SectiOn 11112.1 st. seq. and any related legialation enacted thereto3 State Department of ~uatice Cal-ID/RAN Naater Plan and any changes thereto3 State Department of Juatice Cal-ID/RAN Policy ~anual and any change~ thereto~ '~'.~d the San Diego County Local RAN Board Operating 1V. This AGREEMENT may not be modified, amended or otherwise changed unless by an amendment in writing executed by the CITY and COUNTY. V. This AGREENINT will remain in affect until June 30, 1991, and shall continue for additional periods of three ~3) years each~ provided, however, that either Cl~'; COUNTY may at any time terminate the AGREENXNT by notifying the other patty and the R~N BOARD in writing at least ~hirty (30) days prior to such termination. Such tarminationjshall. not relieve ths party of any financial obligation ~Sumad, under this AGRZKNINT other than future OP~!~TIONA~ C02Ti'.AND TRACING COSTS. .' .~ VI. zach party will indemnify a~ hold ~he other pa~ty harmless from liability fo~ acts or omissions bf itself pe~or~nce el this IN WlT~ZSS WalKFOr, this kGXZZIaIIT is executed b~ the -11- COUNTY OF SAN DIEGO CITY OF CHULJ~ VISTA BY BY Clerk, Board o~ Supervisors APPROVED AS TO FORRAND APPROVZD AS TO FORR AND LEGALITY LEGALITY BY BY Deputy County Counsel Deputy City Attorney