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HomeMy WebLinkAboutORANGE COUNTY CAL-ID FINGERPRINT IDENTIFICATION SYSTEM - 1996-06-03 _ eA4-c�' CounciVAgency Meeting Held: Deferred/Continued to: 5rj, ®Ap roved O Con ifionaly Approved C3 Denied City Clerk Signature Council Meeting Date: January 5, 1998 Department ID Number: PD 98-003 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION �� We SUBMITTED TO: HONORABLE MAYOR AND COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, ACTING CITY ADMINISTRATOR40" O�f PREPARED BY: RONALD E. LOWENBERG, CHIEF OF POLICE SUBJECT: AUTOMATED FINGERPRINT IDENTIFICATON SYS M RESOLUTION Statement of Issue,funding Source,Recommended Action.Alternative Actlon(s),Analysis,Environmental Status, Attachments) Statement of Issue: Resolution of support to the Board of Supervisors for the adoption of a $1.00 fee on vehicle registrations in the county. The imposition of this fee has become possible through state legislative action. This fee will provide approximately 10 million dollars over five years to be applied exclusively to the replacement and enhancement of the current 15 year old countywide Cal-ID Automated Fingerprint Identification System. It is anticipated that the cost to the cities in the county would be over 9.3 million dollars over that fve year period for mandatory replacement and enhancements. The share of this cost supported in this manner for our city would be approximately $719,000 over that period. Funding Source: Fee on vehicle registrations. F;ecommended Action: Adopt resolution of support for the action of the Board of Supervisors. Alternative Action(s): Do not adopt the resolution and pay $719,000 over the next five years from the city general fund. REQUEST FOR ACTION MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER: PD 98-003 Analysis: Support of the resolution will allow the Police Department the use of the Cal-ID Automated Fingerprint Identification System through the use of vehicle registration fees rather than general fund moneys. The imposition of the vehicle registration fees is allowed through recent state legislative action. In order to continue usage of the county and statewide Automated Fingerprint Identification System it is mandatory that we replace the current 15 year old equipment. After that replacement the system can be enhanced to provide instantaneous identifications of arrestees in the jail and questionable subjects from mobile terminals in field police vehicles. As part of the enhancement we will receive three `livescan" booking terminals as well as a number of mobile terminals for field use. All of the new equipment as well as maintenance costs will be covered by the fees generated through vehicle registrations. It is anticipated that the fees generated countywide over the next 5 years will provide 10 million dollars in revenue to cover the estimated 9.3 million cost for the mandatory replacement and enhancements. The replacement is mandatory due to the fact that our countywide system will not be able to communicate with the state or other systems throughout the nation within 2 years when the state switches over to the new generation equipment. I'we do not use the available vehicle registration fees it will cost our city $719,000 over the 5 year period as our share of the cost of the system. Environmental Status: None Attachments : 1. Resolution 2. Letter: President Steven Staveley, Orange County Chiefs & Sheriff's Association 3. Fact Sheet: Cal-ID In Orange County 4. Chart: Cal-ID Replacement Costs Over Five Years S. Chart: Orange County Cal-ID Vision 'i City Clerk'S �age Number RCA Cal-ld Resolution -2- 12123/97 6:54 PM AUTHOR:Eston Schwecke RESOLUTION NO. 98-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE ORANGE COUNTY BOARD OF SUPERVISORS IN THE ADOPTION OF A$1.00 FEE ON VEHICLE REGISTRATIONS IN THE COUNTY WHEREAS, pursuant to legal authorization, Orange County operates a County-wide Automated Fingerprint Identification System kno,&,n as'Cal-ID"; and Cal-ID greatly enhances the ability of all police agencies in the County to investigate crimes by enabling officers throughout the County to efficiently and accurately identify crime suspects, arrestees and victims; and The current Cal-ID system is over 13 years old, uses 163-year old computer technology, lacks sufficient capacity to promptly process all the data submitted by police agencies in the County, is frequently In disrepair, is near capacity in terms of memory, and will cease to be operative in the year 2000, and Operation of the Cal-ID system currently is funded pursuant to a User's Agreement between the County and cities in the County,which provides that revenue generated by an earmarked penalty assessment is supplemented by contributions by the County and the cities; and The earmarked penalty assessment generates insufficient revenue to cover the current costs of operating the Cal-ID system; and No funding source has been identified for replacement or upgrading of the current Cal- ID system; and Statutes 1997, Chapter 587, Section 1 gives the Orange County Board of Supervisors the option of implementing in Orange County a S1.00 per vehicle fee on vehicle registrations, renewals and supplemental applications for apportioned registrations; and Upon the recommendation of the Remote Access Network Board, in which the City of Huntington Beach participates, the proceeds of said fee must be used exclusively for the purchase and operation of new Cal-ID automated fingerprint identification equipment to Identify individuals involved in vehicle related crimes and other crimes committed while operating a motor vehicle; and The Remote Access Network Board has made such a recommendation; and Implementation of Statutes 1997, Chapter 587, Section 1 would permit the installation of live scan devices at all booking and arrest facilities in city and County law enforcement agencies, enabling all these agencies, for the foreseeable future, to quickly enter fingerprints into the Cal-ID system so as to identify crime suspects, arrestees and victims; and Based on the foregoing, the City Council finds that there is a public safety need for imposition of the fee authorized by Statutes 1997, Chapter 587, Section 1 in Orange County, and 1 7110resolutioNcal4WI M1197 Statutes 1997, Chapter 587, Section "I requires that the Orange County Board of Supervisors adopt a resolution prior to collection of said fee, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Huntington I Beach hereby indicates its support for the imposition in Orange County of a $1.00 fee on vehicle registrations, renewals and supplemental applications for apportioned registrations, as authorized by Statutes 1997, Chapter 587, Section 1. IT 1S FURTHER RESOLVED that the Huntington Beach City Council hereby indicates its support of repeal of said fee on January 1, 2003 or at such later date as the statutory authorization for said fee may expire. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of January Mayor ATTEST. /,4�c� APPROVED AS TO FORM: City Clerk - ��f`�.•.rF AU41' City Attomey � REVIEWED AND APPROVED: / r�3'14' IN1TI AND APPR 21D: o7e .0,0 City Xdministrator • ief of Police I 2 Mesdu6on►caWdr1 21311'97 Res. No. 98-3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-oflicio Clerk of the City Council of said City, do hereby certify that the whole number of merrbers of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 5th day of January, 1998 by the following vote: AYES: Julien,Harman, Green,Dettloff, Sullivan, Garofalo NOES: None ABSENT: None(Bauer- out of the room) City Clerk and ex-oflicio CIA of the City Council of the City of Huntington Beach, California G.'reso1utVresbkpg;97-80 OP-, NGF COUN-Y CIIIt;FSHERIFF'S ASSOCIATION J �4tr �' s December 18, 1977 ¢ .f � O w To: :City Muiagers Chiefs of Police School Superintendents On Tumday,Dexetnber 16*,the county Board of Supervisois considered the:adoption of a S1.00 fee on vehicle registrations in the county. This fee,anticipated to raise approximately 10 million dollars over its five year life,was to be applied exclusively to the replacextte rat and enhanccmcnt of the current Cat-ID automated fingerprint identification system. The measure was continued to January 13. 1999 Board of SupctYisors Mating. As you are awatr,the cost of the operation and replacement of the Cal-ID system is based t=popu!&6on. Evea though the ShetiH'has been to iavolvrd in authoring and lobbying the Governor and mite Le&latum A a potcatial repla=rment cost of tca million dollars,cities would be mpausible for over 9.3 million dollars over the next five Iran: Few of us have a xtra funds to use on this vital project Dming the Board of supervisor's discussion of this matter,the Hood aalee:d for some indicattion that the cities felt a need for the adoption of this fee. Despite the appearance by myself and several other Chiefs of Police,the Board asked for some tangible sign of s spPort. To this aid I have enclosed a solution to be presented for y=city councils approval. This resolution wottld imprcn upon the Board of Supervisors the critical need for the nplaceaaent of she system sad the aced to find funding solaces othtr thaw city general fiend motley- Aside from the coif,the n7lactmeut of the uys tem becomes more important with the provisions of AS 1610 passed this legislative session. This requires all school districts to electronically trin=it fingerpsinu for airy employee or contactor who will have contact with a student. Without this new 3ntcrn school district would be stymied with trying to conduct their business. 1 have:also enclosed some additional rema:ks About the treed for the rtplacement of the system which you might find helpful. Much of this infbi nation has already been scut to your mrayor,council members and city rrumgers by else Orange County Chapter of The League of Cities and will be discussed with them at their January 8°meeting. City Managers -Z- December 18. 1997 Chiefs of Police School Superintendents Time is of the essence. Each week in which this foe is Dot in place results in a S40,000 loss ofrevenue ind delays the procurement procc33. This equipment will be at capacity in twelve to fourteen months. It is important that resolutions in support of this proposal be passod before this issue is again head by the Board of Suparvisors on January 13'. We hope to provide additional support for this measure on the 13`with the appearance of mayors end council membem city ns'=& rrs,chiefs ofpolice,school board nmr bers and their presidents,xad school superintendentr. Ckarly this is a critical issue for all of us,and we muvt not allow it to be delayed orwmse.derailed. Very truly yours, STEVEN K STAVELEY President Chief of Police Deputy City Manages SHSfmhl C:al-II) in Orange County Cal-11) is the statewide lluteninted Fingerprint Idcntilication System (AFIS). This system represents a conipi:ter-based technology method to: •Verify the identity of individuals during booking,arrests, warrants and John and Jane Does for Coroners,and to ►:Identify Orne suspects through latent prints recovered from crime scenes. Cal-ID began operation in California in 1986. l While the"Nightstalker"was the infamous first criminal identified by this system,in Orange County, there have been over 8,000 criminals identified committing crimes. L''•very 12 hours another criminal is identified based upon their fingerprints left at a crime scene.This Orange County system is also a part of a network with all of California and the Western United States. The criminals range from a youth robbing and murdering a gas station attendant during the middle of the night leaving his trace on a food wrapper;to a long unsolved murder that is only solved when an alert crime scene investigator links crime scene latent prints to fingerprints on file to someone once arrested in Montana;to a child molester in south County who is identified to fingerprints lcft-.on a pornographic magazine before he can steal the spirit from of another child. Aging Technology The current generation of equipment is 15 year old.It is physically and technologically obsolete. While the system bas continued to meet the expectations of Orange County law enforcement agencies'since 1996,the automated fingerprint identification technology has continued to advance..The new equipment is smaller,smarter imd boasts the capability to automatically receive,search and resister new fingerprint cards tekcn from live-scan electronic fingerprint devices. Live scan devices replace the traditional ink and paper method of capt,.ning fingerprint details,and instead used an electronic digital camera to"photograph"the fingerprint detail. New Capabilities for Personal Identification This new capability will allow the rear instantaneous identification of suspects being booked into local jails without the aid of a human operator. It will lead to the in-field fingerprint identification of criminals detained for questioning. It will identify at least ten per cent more criminals by fingerprint tracts left at crime scenes. It will also be used to speed the background check of school employee applicants to insure that are children are protected from those who would bring them harm. The Replacement of the System in Orange County There are no funds to replace the current Cal-ID system in Orange County. The Orange County cities and the enunty will be responsible for the replacement of the system. IIascd upon the Users" Xgrccment adapted by each city and the county.nit cost of the system is based upon population.The attached chart shows the funding liability over the next five years. Cal-ID i;t Orange County Page ? Upon recommendation from the local Remote Access Network Board and the Chiefs ofpolice and Sheriff Association, the state Sheriffs, Police Chiefs and District Attorneys, Sheriff Department members worked with Governor Wilson's stall, Senator Loclyer and others in the state legislature to adopt a bipartisan plan for the systematic replacement of Cal-ID equipment throughout California. The collection of a Collar per registered vehicle will provide the funding to replace tie current system, install live scan capability in all county law enforcement agencies and the insure:placement of mobile identification scanr:ers in patrol vehicles. These actions will sigrificantly protect the safety of our citizens and officer s. Cal-ID Replacement Costs over five Years 1:e•..�ccrt 2.65 $265,000 Agency Population share of$10 rn!Mon Beach % dollars Orange 4.55 $455.000 Anaheim 11.23 $1,123.000 . . ... Placentia 1.72 . $172.000 •- - BrealYorba 3.53 $353,000 Linda San Clemente 1.77 $177,000 Buena Parts 2.8 $280,000 ..San Juan 1.1 • $110,000 Capistrano Costa Mesa 3.93 $393,000 Santa Ana 11.79 $1,179,000 Cypress 1.78 $178,000 Seat Beach 1.01 $101.000 Dana Point 1.37 $137.000 Sheriff 6.57 $657,000 Fountain 2.09 $209,000 (unincorporat Valley ed) Fullerton 4.68 $468,000 Stanton 1.23 $123.000 Garden Grove 5.82 $582,000 Tustin 2.37 $237,000 Nuntington 7.19 $719,000 Villa Park 0.24 $24.000 Beach Westminster 3.15 $315,000 Irvine 4.69 $469,000 Laguna Beach 0.91 $911000 ic Laguna Hills 0.96 $96,000 Laguna 2.11 $211.000 Niguel Lake Forest 2.22 $222,000 La Habra 2.08 $208.000 La Palma 0.6 $60.000 Los Alamitos 0.47 $47.000 Mission Viejo 3.4 $340.000 Orange County CaWD Vision o nection to Live Scan. De artment of Justice Police Asencie — C=mUnitetrns and stern 6 to t 8 months IdentiG ion ono Nelwork 12 mon C 0 rtrrrwrrrp Ixx1..M.wet 4 4 M.Lrrr+.ul exxrxxMlx MNI + _ irr,rrrrrn Lrve Scan- +.-,..I,wwlrr rrx.Mx11MMM � Police A encrts' r uuu.luxx M g N hxIMMMMIIIx. Courts rW1e..IwxMr vlobile Finar tint n a Fingerprint Card �' 4 to 18 rnor:ths 'ii Archive-12 Terminals i Months ! 20-6 rnontl s Local latent Input Terminals-12 months r .. ... _ Central AFIS Site Replacement PalmPrtnl Matcher 12 Months Addition 36 months �wwrti.t1 Live Scan-County Booking Facilities _L 6 to 12 months ReCelweD Byk-111y cleRk //A�g9 I JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION 2 OF THE ORANGE COUNTY 3 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM 4 5 THIS AGREEMENT,made and entered into the 3rd day of July 6 19 - , is by and between the County of Orange, a political subdivision of the State of California, 7 hereinafter"COUNTY,"and the City of Huntington Beach ,a municipal corporation, hereinafter 8 "USER." 9 XVITNESSETH 10 WHEREAS,The State Department of Justice maintains an automated system for retaining and 11 identifying fingerprints, said system being known as the California Identification System ("CAL-ID"), 12 and 13 WHEREAS,the Penal Code, Section 11112.1 et seq.,provides for the establishment of a Remote 14 Access Network("RAN"), consisting of a statewide network of equipment and procedures allowing 15 local law enforcement agencies direct access to CAL-ID, and 16 IATIEREAS, COUNTY and USER deem it important to have direct access to CAL-ID, and 17 WIMMAS, there has been established in COUNTY a local board("RAN BOARD"),which is 18 charged with determining the placement of RAN equipment within the COUNTY,coordinating 19 acceptance,delivery and installation, and developing procedures for the use and maintenance of the 20 equipment, and 21 WHEREAS, COUNTY,in cooperation with USER,the RAN BOARD and the Department of 22 Justice, has developed a local network ("SYSTEM")to access CAL-ID,and 23 WHEREAS,it is recognized that new users may, from time to time, require access to SYSTEM. 24 NOW,THEREFORE,COUNTY and USER agree as follows: 25 I. Exhibit "A" (USERS of the CAL-ID Automated Fingerprint Identification System) 26 and "B" (Orange County Local RAN Board Operating Policies) are attached hereto and incorporated 27 herein by reference. 28 1 1 11. A SYSTEM has been established in COUNTY, and all right,title and interest to 2 SYSTEM shall remain with COUNTY. The configuration,current and future, of the SYSTEM will 3 be approved by the RAN BOARD. 4 a) The SYSTEM will comprise two areas of cost components for which COUNTY will 5 establish and maintain separate special revenue funds in the County Treasury and 6 outside of the County General Fund and keep separate accounting records- 7 (1) SYSTEM REPLACFAIENT AND UPGRADE COSTS"SYSTEM COSTS" 8 will include 9 (i)the costs of acquisition and installation of equipment necessary or 10 appropriate for SYSTEM replacement or upgrading, less State or Federal 11 subvention, if any; 12 (ii) finance costs; 13 (iii) any other costs related to the replacement or upgrading of all or part of 14 the system, including indirect costs incurred by the COUNTVs Sheriff- 15 Coroner or other COUNTY department. 16 17 (2) SYSTEM ON-GOING OPERATIONAL COSTS"OPERATIONAL COSTS" ]8 will include: 19 (i)those costs needed to maintain the central computer and related equipment 20 and any Local Input Terminals, Electronic work stations,or other equipment 2I deemed by the RAN Board to be part of the SYSTEM; 22 (ii) costs for personnel,telecommunication and other services and supplies 23 for the SYSTEM operation,and 24 (iii) any costs related to operation of the SYSTEM, including indirect costs 25 incurred by COUNTY's Sheriff-Coroner or other COUNTY department. 26 b) COUNTY shall deduct the administrative costs of the County Treasurer,as defined in 27 Government Code section 27013,from interest or income earned on the money in the 28 r l SYSTEM COSTS and OPERATIONAL COSTS special revenue funds, on the same 2 basis as COUNTY deducts administrative costs from interest or income earned on 3 other moneys invested by the County Treasurer. If County Treasurer,at the 4 recommendation of the RAN BOARD,elects to invest, deposit or othemise handle 5 money in the SYSTEM COSTS or OPERATIONAL COSTS special revenue funds 6 separately from moneys in other investment pools in the County Treasury, COUNTY 7 shall deduct any additional administrative costs attributable to such separate 8 investment,deposit or handling of the moneys from the interest or income earned on 9 said moneys,pursuant to Government Code Section 27013. 10 c) The primary purpose of the SYSTEM shaII be to serve all Iaw enforcement agencies 11 in COUNTY. 12 d) Additional law enforcement agencies may be added as users to SYSTEM and USERS 13 may be removed from SYSTEM as conditions warrant. 14 e) COUNTY may, upon recommendation of the RAN BOARD, enter into contracts for 15 the acquisition of equipment,including financing therefor,and for service or 16 maintenance of equipment as may be necessary to effectuate the purposes and 17 objectives of this AGREEMENT. 18 f) COUNTY and USER(S)designate the RAN BOARD to determine whether or not 19 users shall be added to,or removed from the SYSTEM pursuant to the criteria in 20 Penal Code Section 11112.4; to consult with the COUNTY and USER to determine 21 future modification of the SYSTEM; and to develop operational policies for the 22 SYSTEM in accordance with the terms and conditions of this AGREEMENT. 23 24 111. This Agreement shall remain in effect until June 30, 2006, and shall continue for 25 additional periods of ten(I0)years each, unless the governing bodies of either COUNTY or a 26 majority of the then USER(S)votes not to continue the Agreement at a meeting or meetings held 27 more than one year before the expiration of any ten-year period and notifies all existing USER(S)not 28 3 l less than thirty(30)days prior to the end of the ten-year period. Notwithstanding the foregoing, this 2 Agreement may be terminated at the end of any fiscal year(June 30)by any USER, as to that party, 3 by serving written notice of termination to the RAN BOARD not less than one year in advance of 4 USER'S intention to terminate the Agreement. The RAN BOARD shall promptly notify COUNTY 5 and other USERS. Such termination shall not relieve the USER of any financial obligation assumed 6 under this Agreement other than for future operational costs- 7 8 IV. COUNTY shall: 9 a) Negotiate or bid,as appropriate, and enter into agreements as contemplated by 10 Section II.e. of this Agreement and make payments thereunder. 11 b) Enter into agreements with new users which receive approval from the RAN Board 12 to access SYSTEM,provided that: 13 (1) Any new user shall execute this Agreement. 14 (2) Any additional terms,conditions,modifications and costs for entry shall be 15 included in an addendum to the Agreement. Said addendum will address any direct or 16 indirect costs for previously incurred costs of the existing SYSTEM to be paid by new 17 USER. Payment of indirect costs may take the form of improvement or modification 18 of the SYSTEM for the benefit of all USERS. 19 (i)The RAN BOARD shall determine the appropriate terms, conditions and 20 costs to be included in said addendum. 21 c) Arrange financing to fund SYSTEM replacement or upgrade costs. Such financing 22 shall have a ten-year term,be fully or time-price differential amortizing and be 23 obtained at the lowest rate reasonably obtainable. 24 d) Appropriate and expend moneys in the Automated Fingerprint Identification Fund in 25 the County Treasury in accordance with the limitations of Government Code Section 26 76102,as it now exists and may hereafter be amended, and annually during the 27 County's budget hearings, consider the recommendations of the RAN BOARD about 28 4 I how moneys in the Automated Fingerprint Identification Fund should be 2 appropriated and expended. 3 e) Establish and maintain two separate special revenue funds in the County Treasury 4 outside the County General Fund, one solely for SYSTEM COSTS and the other 5 solely for OPERATIONAL COSTS,and maintain separate accounting records for 6 each of these special revenue funds. 7 f) Expend moneys: 8 (1) In the SYSTEM COSTS special revenue fund only for those 9 costs described in Section II. a)(1)of this Agreement and in accordance with 10 the recommendations of the RAN BOARD. 11 (2) In the OPERATIONAL COSTS special revenue fund only for those costs 12 described in Section U. a)(2)of this Agreement and in accordance with the 13 recommendations of the RAN BOARD. 14 g) Credit all interest earned by moneys in the SYSTEM COSTS special revenue fund to 15 the SYSTEM COSTS special revenue fund, and credit all interest earned by moneys 16 in the OPERATIONAL COSTS special revenue fund to the OPERATIONAL 17 COSTS special revenue fund,except that the County may deduct from said interests l8 administrative costs in accordance with Section Il. b)of this Agreement. 19 h) Permit representatives of the RAN BOARD to audit the SYSTEM COSTS and 20 OPERATIONAL COSTS special revenue funds, established pursuant to this 21 Agreement,at least on an annual basis,and at the expense of the RAN BOARD. 22 23 V. USER and COUNTY agree to the following: 24 a) ESTIMATES OF ANNUAL PROPORTIONAL SHARES OF COSTS. 25 An estimate of the annual proportional share of SYSTEM COSTS and 26 OPERATIONAL COSTS to be paid by each USER(COUNTY is deemed a USER 27 for purposes of this section)will be determined annually by the RAN BOARD based 28 5 I on the percentage of the total population of all USER entities residing in each USER 2 entity on January 31 of each year,as indicated in the latest edition of "Population 3 Estimates for California Cities and Counties"prepared by the State of California 4 Department of Finance California Demographic Research Unit. The estimate of 5 COUNTY'S proportional share will be calculated based on the percentage of the total 6 population of all USER entities residing in unincorporated areas of Orange County on 7 January 31 of each year. In the event the California Demographic Research unit no 8 longer issues demographic data,the RAN BOARD shall determine the source of the 9 population data to be used in doing the above-described calculations. 10 (1) COUNTY will issue monthly invoices to each USER for one-twelfth of the I 1 estimate of its annual proportional share of SYSTEM COSTS and OPERATIONAL 12 COSTS. I3 (2) USERS will pay the estimate of their annual proportional shares of SYSTEM 14 COSTS and OPERATIONAL COSTS on a monthly basis within thirty(30)days of 15 receipt of invoices from the COUNTY. 16 (3) COUNTY will credit all payments received from USERS for their proportional 17 shares of SYSTEM COSTS to the SYSTEM COSTS special revenue fund and all 18 payments received from USERS for their proportional shares of OPERATIONAL 19 COSTS to the OPERATIONAL COSTS special revenue fund. 20 b) SHORTFALL IN OPERATIONAL COSTS. In the event anticipated 21 OPERATIONAL COSTS exceed in any fiscal year the sum of the estimates of 22 USERS' proportional shares of OPERATIONAL COSTS and any other moneys 23 appropriated to the OPERATIONAL COSTS special revenue fund,the RAN BOARD 24 will calculate each USER'S proportional share of said shortfall using the methodology 25 described in Section V. a) of this Agreement. COUNTY%U issue an additional 26 invoice to each USER for its proportional share of said shortfall. Each USER shall 27 pay said invoice within thirty(30)days of receipt. COUNTY shall credit all payments 28 6 I received from USERS for said invoices to the OPERATIONAL COSTS special 2 revenue fund. 3 c) EXCESS SYSTEM COSTS. Unless COUNTY's Board of Supervisors and the 4 governing bodies of a majority of the other USERS approve,the RAN BOARD shall 5 not recommend expenditure of, and COUNTY shall not expend, in any fiscal year, 6 moneys for SYSTEM COSTS in excess of the sum of 7 (1) the total funds available in the SYSTEM COSTS special revenue fund at the 8 beginning of the fiscal year, 9 (2) the total revenue anticipated for SYSTEM COSTS as a result of State and 10 Federal subventions and 11 (3) the total payments anticipated to be received from USERS for their estimated 12 proportional shares of SYSTEM COSTS in that fiscal year(hereinafter called 13 "EXCESS SYSTEM COSTS"). 14 If COUNTY's Board of Supervisors and a majority of the governing bodies of the 15 other USERS approve,the RAN BOARD may recommend 16 expenditure of,and COUNTY may expend or encumber,EXCESS SYSTEM 17 COSTS. The RAN BOARD shall calculate each USER's proportional 18 share of EXCESS SYSTEM COSTS using the methodology described in Section 19 V. a) of this Agreement. COUNTY will issue an additional invoice to each 20 USER for its proportional share of EXCESS SYSTEM COSTS. Each USER 21 shall pay said invoice within thirty(30) days of receipt. COUNTY shall credit all- 22 funds received from USERS in payment of said invoices to the SYSTEM COSTS 23 special revenue fund. 24 d) NEW USER ASSESSMENTS. In addition to the foregoing costs,any new USER 25 desiring to execute this Agreement in order to become a member of the SYSTEM 26 shall be assessed and shall pay in full an amount to offset previously-incurred 27 SYSTEM COSTS that were borne by existing USERS. The amount of said 28 7 l assessment shall be determined by the RAN BOARD in accordance with Section IV. 2 b)(2) of this Agreement. COUNTY shall invoice the new USER for said assessment. 3 New USER shall pay said invoice in full within 30 days of receipt. COUNTY shall 4 credit all payments received from new USERS for said invoices to the SYSTEM 5 COSTS special revenue fund. 6 e) NON-PARTICIPANT COSTS. All cities will be encouraged to make use of and 7 support the SYSTEM. However,the RAN BOARD may make payment of certain 8 OPERATIONAL COSTS AND SYSTEM COSTS a condition of use of the SYSTEM 9 by cities or other entities that have not executed this Agreement. The costs to be 10 charged to such non-participants shall be determined by the RAN BOARD annually. I l COUNTY shall invoice non-participants for said costs. COUNT`shall credit all 12 payments received from non-participants for such invoices to the SYSTEM COSTS 13 or OPERATIONAL COSTS special revenue funds, as directed by the RAN BOARD. 14 11 15 11 16 1l 17 11 18 11 19 Il 20 H 21 ll 22 H 23 U 24 11 25 11 26 1/ 27 1/ 28 8 I IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals on the date set 2 forth opposite their respective signatures on identical counterparts of this instrument, each of which 3 shall be for ali purposes deemed an original thereof 4 5 DATED , 199-?-- - CO F ORANGE 6 7 SIGNED AND CERTIFIED THAT A COPY OF:THIS DOCUMENT HAS BEEN BY 8 DELIVERED TO THE CHAIRMAN OF C AN, BOARD OF SUPERVISORS THE]BOARD 9 A 1a 11 CLERK Ok -I-fl"9,�OA O OF SL�ERVISORS 12 APPROVED AS TO FORM: 13 Laurence M. Watson, Acting Chief Assistant COUNTY COUNSEL 14 15 BY / J � DEPUTY ffive Sullivan, Mayor 16 Dated. , 19, ATTEST: 17 19 Connie Brockway, City C rk 20 21 Dated: 19 9fo— CITY OF 22 BY 23 24 25 APPROVED? AS TO FORM: GAIL HUTTON 26 CITY ATTORNEY By: - 27 Depu y City A oraa 28 9 l 2 Exhibit A 3 USERS of the CAL-ID Automated Fingerprint Identification System 4 5 The City Of. 6 Anaheim 7 Brea 8 Buena Park 9 Costa Mesa 10 Cypress I I Dana Point 12 Fountain Valley 13 Fullerton 14 Garden Grove 15 Huntington Beach 16 Irvine 17 Laguna Beach. 18 Laguna Hills 19 Laguna Niguel 20 Lake Forest 21 La Habra 22 La Palma 23 Los Alamitos 24 Mission Viejo 25 Newport Beach 26 Orange 27 Placentia 28 1 I San Clemente 2 San Juan Capistrano 3 Santa Ana 4 Seal Beach 5 Stanton 6 Tustin 7 Villa Park 8 Westminsler 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 21 2 I 2 Exhibit B 3 Orange County Local RAN Board Operating Policies 4 1.0 As used in this Policy: S 1.1 "Full Use Access Agency" (FUAA)will mean the Orange County Sheriff-Coroner 6 Department. 7 1.2 "Participating Agency" means a local law enforcement agency contributing to the cost 8 of the operation of the Orange County Cal-iD System. 9 1.3 "Host Agency" means a participating agency in which a Local Input Terminal (LIT) 10 has been placed by the Local RAN Board to serve a specific geographical area of the 11 County, herein called "Region". 12 1.4 "Trained Operator"means a person trained by the Orange County Cal-ID vendor,the 13 Department of Justice or any designee of the Local RAN Board to input latent or ten 14 print fingerprint cards,perform inquiry operations and generate candidate lists as a 15 result of inquiry operations. Each trained operator will have a system security 16 password assigned to him. I7 1.5 "Latent Print Examiner" means a person with the skills,knowledge and abilities to 18 perform latent fingerprint to inked fingerprint comparisons. 19 20 2.0 POLICIES AND PROCEDURES 21 - 2.1 Responsibilities of Host Agencies. 22 Host Agencies accept the following conditions for the hosting of a Local Input 23 Terminal: 24 2.1.I. The Host Agency will provide 24-hour,7 day a week access to participating agencies 25 trained operators within the LIT region. 26 2. The Host Agency will provide latent print comparison services for those regional 27 participating agencies without a latent print examiner in that agency. This service will 28 1 l be available Monday through Friday during business hours,and will be at no charge to 2 the participating agency. 3 3. The Host Agency will provide adequate power,air-conditioning and space to provide 4 a suitable working environment for the LIT and personnel operating the LIT. 5 4. The Host Agency will provide a schedule of times for LIT used by participating 6 agencies within the region which will be designed to prevent undue burdens upon the 7 capacity of the FUAA. This schedule will be coordinated among all the Host Agencies 8 and FUAA. 9 5. Local Input Terminals will be located at locations determined by the Orange County 10 RAN Board. I1 12 3.0 Responsibilities of Participating Agencies 13 14 3.1 Participating agencies will have the following responsibilities: 15 3.1.1. A participating agency will declare its intent to which Host Agency it will use,or it 16 may use the FUAA at the Sheriff-Coroner Department. 17 3.1.2. Prior to latent inquiry into the Cal-ID System all latent prints collected at crime scenes 18 will be examined to determined if the latent print is identifiable; 0 latent prints will be 19 examined to determine if they represent finger friction ridge detail;whenever possible 20 latent prints will be compared to those individuals having legitimate access to a crime 21 scene so-called "elimination" prints. 22 3.1.3. Agencies must agree to comply with system audit procedures adopted by the Local 23 RAN Board, including keeping appropriate workload and identification statistics 24 deemed necessary by the local RAN Board. 25 26 4.0 Priority Services: 27 4.1 The users agree to use the following priorities when using the Orange County Cal-ID 28 2 I System. 2 Ten Print Services Latent Services 3 Priority l: In-custody suspects. Crimes against persons 4 Priority 2: Central site registration uses. Upgraded crimes against property. 5 Priority 3: All other inquiries. Routine latent inquiries. 6 In no case will Priority 3 latent inquiries be upgraded to Priority I. 7 8 4.2 Account Numbers/Security Codes: 9 Each participating agency contributing to this system will be assigned a control 10 account number. The manager of the FUAA will assign a security code to each I 1 trained operator. An account may have more than one trained operator. 12 13 4.3 Access to Orange County Cal-ID System 14 Participating agencies shall not permit access to the system by non-participating l5 agencies, unless specifically authorized by the local RAN Board 16 17 5.0 Retention of Latent Prints: I8 5.1 Latent prints entered by a participating agency will be retained within a file at the 19 FUAA for searching after each ten-print addition. The criteria for latent print 20 retention in this file will be jointly agreed upon by the FUAA staff and other 21 participating agencies. 22 23 6.0 Addition of Ten-Print Card: 24 6.1 Ten-Print cards will be added to the data base at the FUAA only. If a the ten-print 25 card is retained by the FUAA for use by other agencies, it will be the original card 26 used for registration,otherwise all original cards will be returned to the submitting 27 agency. 28 3 1 2 7.0 Allocation of Inquiries: 3 7.1 In the event that the number of inquiries exceeds the capacity of the systern,the 4 following allocation of inquiries will be used. 1 5 7.1.1 All Priority 1 and Priority 2 inquiries will be permitted. 6 7.1.2. Priority 3 inquiries will be restricted to those latent prints collected pursuant to an 7 investigation of a "felony". 8 7.1.3 The Local RAN Board%ill adopt additional allocation policies as needed in the event 9 that the number of inquiries continue to exceed the capacity of the System. 10 11 8.0 Modifications to Operating Policies 12 13. 8.1 Operating policies can be modified by a majority vote of the Local RAN Board 14 members at a duly constituted meeting. 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 4 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 7, 1996 Mr. Frank Fitzpatrick Orange County Sheriff's Department 320 North Flower Street Santa Ana, CA 92703 Dear Mr. Fitzpatrick: The City Council of the City of Huntington Beach at their meeting held June 3, 1996, approved execution of the enclosed agreement between the City of Huntington Beach and County of Orange for the Implementation and Operation of the Orange County Automated Fingerprint Identification System. , The original agreement is enclosed. After signing it, would you please send a copy to Connie Brockway, City Clerk; City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Sincerely, Connie Brockway, CMC City Clerk giollowuplagrml (Telephone-714-536.5227) G ao.�5 Council/Agency Meeting Held: I /H� Deferred/Continued to: t�proved ❑Conditionally Approved ❑ Denied ity Clerk's Sig ure Council Meeting Date: June 3, 1996 Department ID Number: PD 96=01Q ram• CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION :• =''" SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - Lr0 SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratorQ PREPARED BY: Ronald E. Lowenberg, Chief of Police SUBJECT: Joint Agreement •for the Implementation and Operation of the Orange County Automated Fingerprint Identification System I i Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s).Analysis,Environmental Status,Attachment Statement of Issue: Local law enforcement has used the CAL-ID system for the past ten years under a joint agreement between the county and cities. The agreement expires on June 30, 1996. The issue is the approval of a new agreement to continue the joint operation of the automated fingerprint system. The new agreement changes any necessary payment plan to a population basis instead of a usage rate. Funding Source: General funds regularly budgeted in account #E-AA-PD-331-390 and used as necessary based on the need of the Orange County CAL-ID fund mostly supplied by penalty assessment fine monies. Recommended Action: Respectfully request the City Council approve the attached agreement which would allow the Police Department to use the CAL-ID Remote Access Fingerprint Network. Alternative Action(s): Do not approve the agreement which would disallow the use of the CAL-ID system to the Police Department. �,3�t3 ' r.&-QUEST FOR COUNCIL ACTi.jN MEETING DATE: June 3, 1996 DEPARTMENT ID NUMBER: PD 96-010 Analysis: The requested agreement will allow the Police Department to continue the use of the CAL-ID system. The system allows fingerprint searches of arrestees and latent fingerprints. In addition to the Orange County data base, searches can be accomplished in other counties, the California Department of Justice and other states in the Western States Identification Network. The new agreement replaces the current agreement that expires on June 30, 1996 which was in effect for the past ten years. The new agreement will result in substantial saving to the City since it has monthly payments based on relative population of the city within the county instead of usage, which was the basis in the old contract. Our usage cost for December 1995 through April 1996 was $28,641. Prior to December 1995, fine monies were sufficient to run the system but are now insufficient with depleted reserves in the CAL-ID county fund. In the CAL-ID budget for 1996-1997, there is an estimated shortfall of $140,000. Based on the new population basis of payment our cost would be $10,066 for the entire year. Based on the five month period described above at the old rates our yearly cost would be an estimated $68,738. With the new rate our corresponding savings would be $58,672 per year. Environmental Status: None Attachment(s): 1. Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System 2. Letter: Sheriff Gates to Orange County Chiefs of Police-Sheriff's Association 3. Fact Sheet: Cal-Id in Orange County 4. RCA for prior agreement dated September 10, 1986 5. Fiscal Impact Statement City Clerk's Page Number DocumenU -2- 05/17/96 5:41 PM CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Michael T. Uberuaga, City Administrator From: Robert J. Franz, Deputy City Administrator Subject: FIS 96-47- Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System Date: May 20, 1996 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System. If the City Council approves this request there will be no effect on the current year budget since funds are already appropriated for this purpose. How9or, this will require annual general fund 400beftl,'. r6z, 0 for ten consec years. r G Gb.Y4 11B CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: HON. MAYOR AND CITY COUNCIL MEMBERS FROM: GAIL HUTTON, City Attorney DATE: May 29, 1996 SUBJECT: Joint Agreement between the county and various cities for the operation of the Automated Fingerprint ID System Concerning the above referenced agreement, my deputy has approved the document as to form,which is consistent with our practice in the past with this agreement. I have been informed by the head criminalist for the Huntington Beach Police Department that the agreement in its current form is the one being employed by the County and the numerous other cities which are going to participate In the automated fingerprint network. Further, any deviation from the format being employed by all the other participant agencies might result in the loss of our opportunity to be part of the joint agreement. With that understanding,you should be aware that the County's agreement is not in the standard City of Huntington Beach form and does not include the City's insurance or workers compensation clauses. Since the performance of the contract involves computerized data bases and not workers on site, there should not be a problem with waiving the standard provisions and executing the joint agreement. However, if you wish to enter into the fingerprint identification system. you should also vote to waive the Insurance provisions which are usually required in City agreements. F GAIL HUTTON, Slyly: City Attorney Iscl . c: Michael T. Uberuaga, City Administrator Ray Silver, Asst. City Administrator 71sclAdsyster�5J2�1�i f . • `� REWES1­0 OR CITY COUNCIL;ACTION {{ Date Septer. r 10, 1986 Submitted to: Honorable Mayor and Members of the City CM cil L•I• Ct; . Submitted by: Charles W. Thompson, City Administrator .. - n Prepares! by: Earle Robitaille, Chief Of Police Subject: JOINT AGRliF-TT FOR THE IA�I.E� TATIO?�' A' OPERATID?s' F ZJ/ jr 010GE 03JITY AUTTON ATED FINGERPRINT IDENTIFICATION S1`STkTI Consistent with Council Policy? yes t ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Altemative Actions,Attachments: SMAT EN7 OF ISSUE: rsmumm to'Section 11112.5 of the Penal Code, local Zak enforcement rust be responsible for their share of the operating costs of the CALM Remote Access Fingerprint Network. REM O-MTI ON: o adopt the Joint Agreement For the Implementation And Operation Of the Orange County Automated Fingerprint Identification System" which would allow the Police Department to use the CALM Remote Access Fingerprint Network. W LYSIS: ( a Ju e 6, 1986, the Huntington Beach City- Council adopted a resolution stating that the '' City will pay its share of the Orange County CALM program based upon its use of the System. The attached agreement states the terms and conditions of this program which the Council previously approved. These terns state that the City nay terminated the agree- ment at the end of any fiscal year pr viding that the City serves written notice on the RAN Board thirty (30) days prior to the end of the year. •However, the termination does not relieve the City from financial obligation assumed under this Agreement other than future operational costs. The California Department of Justice CALM Fingerprint Conputer System, which was developed by the Nippon Electric Company, is one of the significant crime fighting advances to local law enforcement in the past decades. This system al]oks law enforcement agencies access to the largest computerized fingerprint data bases in the United States. FUNDING SOURCE: In the 19S6/1987 fiscal budget, in account number 551390, S150,000 was approved for the operation of this program. At the present time the California State Senate Public Safety Committee is hearing a bill (SB751), which would pay the Iocal cost of this program through penalty assessments against those persons convicted of a crime. ALTERIATTV S: o deny t s lice Department access to the CALM Remote Network. [ 7TAw-1•aTS ' . .1. A copy the approved City Council CALM Resolution dated June 6, 1986. 2. A proposed Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System. C11 - /o Page 2 REQLL= FOP. CITY COMCIL ACTION "Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System" Continued: ATMCEI'r7 EWS 3. A copy of Section 21112.5 of the California Penal Code. 4. Costs breakdmn of the Ora-age County CAL-ID System. L REQUESTQOR CITY COUNCIL "CTION Date April 29, 1986 Litted to: gable Mayor and Members of the City Chtmeil Charles W. Tho son Ci • AdministratodL CIL` Submitted by: B4 t3 \rp F-% Ct.� .. Ei O 9d � 1 prepared by: Earle Robitaille, Chief of Police 0'— Sub}ect: CAL-ID RESOLUTION'' L \r. Consistent with Council Policy? Yes ; j New Policy or Exception &5 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: L!7[ ST..k7B N-r OF ISSJz: Pursuant to Section 11112.5 of the Penal Cole, local law enforcerent mzt be responsible for their share of the operating costs of the CAI.-ID Re.,,mte Access Fingerprint Network. RE W ON: To adopt a resolution u ich would allow the Police Npartmeent to use the CAL.-ID Re,•rote Access Fingerprint Network. X YSIS: The California Depa-t:aent of Justice C41-ID Fingerprint Co.�rater System, which was deveiope3 by the Nippon Electric Company (referred to as MEC), is one of The most sign icant a!vances for law enforcerent in the past decaie. The system allows vocal agencies access to the largest cor=r,zterite3 fingerprint data bases in the country. This factor co:�ine3 with the unique software developed by ?MC, has led to a 19T success rate in the identification of suspects from latent fingerprints recovered at the crime scene. The current method used by the Department has less than a 1Y success rate. Finally, this system was the one which identified Richard RklkMU= who is believed to bA the "Night Stalker". RM1NG SOURCE: The general fund appears to be the only available source, at this tire. The esti-wted annual cost will be S150,000. Mgeted in PD Budget Account 331390. ALTEM1,11 t'ES: To deny the Police Department access to the CAL-ID Remote Network. ATIAONEN7: 1. A copy of Section 11112.5 of the California Penal Code. 2. A proposed resolution which w•as received from the Orange County CAL-ID Board. S. Newspaper articles dealing u-Ith the CAI.-ID Fingerprint System. d. Costs break down of the Orange County CAI,-ID System. RESOLUTION NO. 5668 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUA'TINGTON BEACH TO SUPPORT THE _ POLICE DEPARTYXNT'S SHARE OF THE COST OF THE ORANGE COUNTY CAL-ID PROGRAM R WHEREAS, Chapter 1234 Article 3.5 of the 2985 statutes authorizes participation of California law enforcement in the Remote Access Network of the California identification System (CAL-ID) , and This law appropriates seven million dollars to fund local implementation of the Remote Access Network, and It is acknowledged that the local implementation of CAL-ID will help solve crimes and provide a safer environment for the citizens .of our. City, and A local Ozance County Remote Access Network Board has been established to determine the placerent of equipment within the l County and the manner of purchase, and Section 11112.5 (a) of the Penal Code provides for costs for equipment purchase, based upon the master plan approved by the Attorney General, including State sales tax, freight, insurance and installation, shall be prorated between the State and local government entity, and a The State 's share shall be 70% (or approximately 1.722 million dollars) and the local government 's share will be 30t of those costs, and Section 11112.5 (b) of the Penal Code provides that local government shall be responsible for all costs related to site • preparation, equipment maintenance, on-going operational costs, t file conversion costs and enhancements which exceed the basic design specifications of the California Department of Justice. i NOW, THEREFORE, BE IT RESOLVED that the City Council will support its share of the cost of the Orange County CAL-ID program based upon its use of the program. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of _June 1986. ATTEST: APPROVED AS TO FORM: City Cl City Attorney S-=-SG RE'►IEw'T' _`D MOPROVE INITIATED ;SD APPROVED City AQII2 .-strat Cruel E3 Police i ' Res—•'o. 5668 STATE OF CALIFORFIA } . CITY 0! EM INCION BEACH ) da I, ALICIA M. VEr:'WOUH, the duly elected, qualified City . Clerk of the City of Huntington beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of meisbert of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council -at a regular meeting thereof held on the 2nd- day of June 1586 by the following vote: APES: Councilmet: Kelly, MacAllister. Finley, Mandi c. Bailey, Green N:YE5: Councilmen: None ABSM. : Counc;;mer.: Thomas City Clerk and ex•offitia Clerk of the City Council of the City of Huntington. beach, California ORIGINAL Amortw #am 04ANCE COUNTY JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION 2 OF THE ORANGE COUNTY i 31 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM 4f S �; THIS AGREEMENT, made and entered into the day of 6 ' .' , 192L. , is by and between the County of Orange, a 7 ; body corporate and politic, hereinafter "COUNTY," and the City of 1? B1 Huntington Beach , a municipal corporation, hereinafter "USER. " � WITNESSETH 10 WHEREAS, the State Department of Justice maintains an automated 11 ?. system for retaining and identifying fingerprints, said system being 1M 4 known as the California identification System ("CAL-ID") , and L• WHEREAS, the Penal Code, Section 11112.1 et seq. , provides for j4 the establishment of a Remote Access Network consisting of a 50 19, , statewide network of equipment and procedures allowing local law D� w 16 ,• enforcement agencies direct access to CAL-ID, and 600 1- u WHEREAS, COUNTY and USER deem it important to have direct access 18 to CAL-ID, and 191 WHEREAS, there has been established in COUNTY a local board ("RAN 20 BOARD") , which is charged with determining the placement of RM 21 equipment within COUNTY, coordinating acceptance, delivery and 22 installation, and developing procedures for the use and maintenance of 23 the equipment, and 24 WHEREAS, COUNTY, in cooperation with USER, the RAN BOARD and the 2S � Department of Justice, has developed a local network ("SYSTEM") to r S access CAL-ID, and 0 27 WHEREAS, it is recognized that new users may, from time to tine, 2$ require access to SYSTEM. H100/12 1 . 7/12/86 1 NOW, THEREFORE, COUNTY and USER agree as follows: 2 'I. Exhibits "A" (USERS of the CAL-ID Automated Fingerprint 3 � Identification System) and "B" (Orange County Local RAN Board a r 41 Operating Policies) are attached hereto and incorporated herein by SG reference. 6 II. A SYSTEM shall be established in COUNTY and all right, title and interest to SYSTEM shall remain with COUNTY. The configuration of SYSTEM will be as approved by the RAN BOARD. a) The SYSTEM will comprise two areas of cost components: 1D SYSTEM: Initial and Startup Costs, and SYSTEM On-going � Operational Costs. i �- 1. SYSTE.*: Initial and Start-up Costs ("INITIAL COSTS") will include the acquisition and installation of equipment necessary for SYSTEM implementation, less the State's J, h ;2 subvention. It also will include the cost of the Full Use oV ; n 16 Access Agency site preparatio. and Local Input Terminals as yo 1 ' set forth in Exhibit "B", cost of ten print card conversion, 1s telecommunications installation and finance costs to fund , 191 SYSTEM's acquisition. 20 2. SYSTEM On-going Operational Costs ("OPERATIONAL ; 21 COSTS") will include those costs needed to maintain the 22j central computer and related equipment and any Local Input 23 Terminals purchased uAder this AGREEMENT, costs for 24 telecommunication operations for the SYSTEM equipment, costs w 25 ' of replacing the equipment amortized over ten (10) years and 1 funding for SYSTEM enhancements authorized by the RM BOARD. r 27 b) The primary purpose of the SYSTEM shall be to serve all 26 law enforcement agencies in COUNTY. H100/12 2. 7i771aC I; M L l c) Additional law enforcement agencies may be added to SYSTEM and USERS may be removed from SYSTEM as conditions 3 warrant. " !' d) COUNTY may, upon recommendation of the RAN BOARD, enter ( S into contracts for the acquisition of equipment including 6 financing therefor, and service or maintenance as be necessary to H .7 effectuate the purposes and objectives of this AGREEMENT. Bt, e) COUNTY and USER(S) designate the RAN BOARD to determine I: g whether or not users shall be added to, or removed from the r ]0 " SYSTEM pursuant to the criteria in Penal Code Section 11112.4; to I x 114 consult with the COUNTY and USER to determine future modification I of the SYSTEM; and to develop operational policies for the SYSTEr: A i in accordance w4-h the terns and conditions of this AGREEMENT. f) Any SYSTEM modificaticn or any action by the Local RF►t� BOARD which recuires USER to oblicate additional funds for the 161 cost sharing shall require prior approval by the Governing Body of COUNTY and a majority of other participating USERS. is III. This Agreement shall rem-ain in effect until June 3C, 1996 , I 19F and shall continue for additional periods of ter. (10) years each, t 20 unless the Governing Bodies of either COUNTY or a majority of the then 21 USER(S) vases not to continue the Agreement at a n:eetinc held more l 22 than one year before the expiration of any ten-year period and 23 ' notifies all existing USER(S) not less than thirty (30) days prior to I 24 the end of the ten-year period. Notwithstanding the foregoing, this I 25 Agreement may be terminated at the end of any fiscal year (June 30) by t any USER, as to that party, by serving written notice of termination 2` on the RAN BOARD not less than thirty (30) days prior to June 30. The Z8 RAIr' BOARD shall promptly notify COUNTY and other USERS. Such B100112 3. 7/t7/AA , termination shall not relieve the party of any financial obligation 2 ' assumed under this Agreement other than future operational costs. 31 IV. COUNTY shall: 4i: a) Negotiate or bid, as appropriate, and enter into agree-* �i 3 + ments as contemplated by Section II.d. of this Agreement and make X 61 payments thereunder. b) Enter into agreements with new users which receive & approval to access SYSTEM, provided that: G 91:� (1) Any new user shall execute this Agreement. ti 14 � (2) Any additional terms, conditions, modifications and costs for entry shall be included in an addendum to the ( 12 Agreement. Said addendum will address any direct or �3 indirect compensation to USERS for initial costs to be ,` •'' shared by new user. Indirect compensation may take the form of improvement or r..odification of SYSTEM: for the benefit of D� ` 16 y all USERS. 0 1 (3) The RAN BOARD shall determine the appropriate 18 terms, conditions and costs to be included in said addendum. 19 ! c) Arrange financing to fund initial costs. Such financing ; 20 - shall have a ten-year term, be fully or time-price differential 21i amortizing and be obtained at the lowest interest rate reasonably 22 obtainable. 23t V. USER and COUNTY agree to the following: 24 a) COUNTY will use a separately identifiable account for t 2S the purpose of funding the SYSTEM. W. '64 b) USERS shall pay their proportional share of the initial 27 costs and operational costs cn a monthly basis. Said payments 28 E100/12 4 • 7/12/86 C _ shall be made within thirty (30) days of receipt of invoices from COUNTY. 3f'1 c) The proportional share of each USER'S cost (the COUNTY r 4 � Is deemed a USER for the purposes of this section) will be based S upon the proportional use of the SYSTEM'S central processing r, unit s (CPU) use time. The proportional use will be determined on a monthly basis by COUNTY staff. Each USER Will be assigned a E CPU account nuirber for purposes ur of monitoring the CPU use. P P 9 d) COUNTY shall provide USERS a financial report at the end 10 of each fiscal year. Said report shall include an accounting of 11 all funds paid to vendors for the SYSTEM;. 1= e) USER will only permit personnel trained in the use of '. + the equipment to operate same. Each USER will be responsible for -� , damage to the equipment caused by it, other than normal wear and :i 1s tear. • V 16 } VI. SYSTEM Operating Policies ;0 ri. a) Inprovenents to SYSTEM are ju6ged to be improvements for l8 , all USERS and the costs thereof will be shared as set forty, in 19 Section V. 20 b) operational policy will be established and modified as Z1 deemed appropriate by the RAN BOARD. This policy shall ensure 27 that each USER is treated equitably. Current policy is set forth s �3 in Exhibit *B. " . 24 c) Any dispute between USERS over operational policies r 21 ' established by the RAN BOARD shall be resolved by that BOARD. r i 5 VII. Each party shall indemnify and hold all other parties P rr 27h. harmless from liability for acts cz omissions of itself and its agents 28 and employees in connection with the performance of this Agreement. H100/12 5. 7/22/86 - i . 1 � IN WITNESS WHEREOF, the parties hereto have hereunto set their 2 ; hands and seals on the date set forth opposite their respective 3i signatures on identical counterparts of this instrument, each of which F shall be for all purposes deemed an original thereof. _ 5 DATED: 198 = COUNTY OF ORANGE 6 r 7 � SIGNED AND CERTIFIED THAT A . COPY OF THIS DOCUMENT HAS BEEN By ` I DELIVERED TO THE CHAIRMAN OF Chair ,an of Its Board of I B � THE BOARD Supervisors I ID n LINDA D. ROBEF-TS JUL 1 •�"= ; Clerk of the Board of Supers-isors"� ; 21 �, �= APPROVED AS TO FORE: Z3 ADRIAN TYPER, COUNTY COUNSEL QL11 •`/ y r By, Deputy 16, t Dated: DATED: 19 CITY OF Huntington Beach 18 n -T730/� 19 By- ATTEST: 201 21 zty C I e r k ,�� APPRC;-D AS O, FOR:'.: 22 23 r City R:.tc-r.ey 24 ��� 25 26 7 f, 28 RI00{l2 6• ; 7/12/86 - 1 Exhibit A 2 I USERS of ,the Cal-ID Automated Fingerprint Identification System 9 4 i The City Of : 5 Anaheim 6 Brea ' 7 Buena Park g Costa Mesa ` 9 �. Cypress .10 . Fountain Valley i L 11 Fullerton f ]` Garden Grove 13 Huntington Beach 14 Irvine 15 ' Laguna Beach 26 Le Habra 17 Le Palma 18 Los Alamitos 19 Newport Beach 10 Orange 21 Placentia 22 San Clemente 23 Santa An& t 2A I Seal Beach' Stanton 26 Tustin 27 Westminster 28 l Exhibit 8 . Orange County Local RAN Board Operating Policies 11 2 1.0 As used- in this policy: i 3 2 1 "Full Use Access Agency's (FUAA) will mean the Orange 41 County Sheriff-Coroner Department. 5 1.2 "Participating Agency" means a local law enforcement � 6 agency contributing to the cost of the operation of the 7 1 Orange County Cal-ID System. 8 1 . 3 "Host Agency" Deans a participating agency in which a 9 �, Local Input Terminal (LIT) has been placed by the Local ,10 RAN Board to serve a specific geographical area of the 21 County, herein called "Region". = t 2. 4 "Trained Operator" means a person trained by the Orange 23 County Cal -ID vendor, the Department of Justice or any 14 designee of the Local RAN Board to input latent or ten i 15 print fingerprint cards , perform inquiry operations and 26 generate candidate lists as a result of inquiry opera r 27 tions. Each trained operatoT will have a system security 1B password assigned to him. 1S � 2. 5 "Latent Print Examiner" means a person with the skills , . 20 knowledges and abilities to perform latent fingerprint 21 to inked fingerprint comparisons. 22 23 2. 0 POLICIES AND PROCEDURES i r 9' ' 2.1 Responsibilities of Host Agencies. 26 Host Agencies accept the following conditions for the hosting 27 of a Local Input Terminal : 28 .1. 1� 21 2.1 .1 . The Host Agency will provide 24-hour, 7 day a Week access to ti 2h participating agencies trained operators Within the LIT g region. r� 4 � 2. The Host Agency will provide latent print comparison services V, for those regional participating agencies Without a latent 611 print examiner in that agency . This service Will be 7 available Monday through Friday during business hours , and 6 will be at no charge to the participating agency. 9i 3. The Host Agency Will provide adequate power, air-conditioning 10i and space to provide a suitable working environment for the I 11 LIT and personnel operating the LIT. i� 4. The Host Agency will provide a schedule of times for LIT 131f used by participating agencies within the region which 24 will be designed to prevent undue burdens upon the 15 capacity of the FUAA. This schedule will be coordinated 16 � among all the Host Agencies and FUAA. 177' S. Local Input Terminals Will be located at the Anaheim Police 1S �r Department, Garden Grove Police Department , Costa Mesa 29 Police Department and Santa Ana police Department. 20 ,E 21 3. 0 Responsibilities of Participating Agencies 22 ` 23 3.1 Participating agencies will have the following responsibilities: 24 - ' 3. i.1. A participating agency will declare its intent to which Host 26 , Agency it will use, or it will be able to use the FUAA at the 27 Sheriff-Coroner Department. 28 3.1 .2. Prior to latent inquiry into the Cal-ID System all latent 1 +� prints collected at crime scenes will be examined to 2 : determined if the latent print is identifiable ; all latent 3 � prints will be examined to determine If they represent finger 41` friction ridge detail ; Whenever possible latent prints will be compared to those individuals having legitivate access 6i to a crime scene so-called "'elimination" prints. 7 3.1 . 3 Agencies must agree to comply with system audit procedures adopted by the Local RAID Board. 9 I� 10 �. 4. 0 Priority Services : is 21 � 4. 1 The users agree to use the following priorities when using the Orange County Cal-ID System. t! 14 ` Priority 1 : Ten print card inquiry for in-custody subject. lb Priority 2: Latent print inquiry for homicide, rape or other 161 crime against person or r 17 ;: Latent print inquiry for in-custody subject for any other crime. I loll Priority 3: Routine latent inquiry and all other inquiries . . 20 i 21 ,' 4. 2 Account Numbers/Security Codes : r 221 Each participating agency contributing to this system will be 23 assigned a control account number. The manager of the FUAA will 24 assign a security code to each trained operator. An account may have more than one trained operator. t i Candidate Respondents List : 27 Notwithstanding the provision of Section 5.7.3.2 of the Cal-ID/RAN 29 User Agreement, participating agencies will retain a hardcopy of all i 1 u ip candidates lists generated as a result of a latent or ten print 2i' inquiry. A copy of this list will be retained at the site of the f� 3 " inquiry (either a LIT or FUAA) . 4 3. 0 Retention of Latent Prints : 6 .! 5.1 Latent prints entered by a participating agency Will be 7 " retained within a file at the FUAA for searching after each or 1 r ten-print addition. The criteria latent f at print retention in this file will be jointly agreed upon by the FUAA staff and 10 ` other participating 11 agencies. 3.2 6. 0 Addition of Ten-Print Card : 14 6. 1 . Ten-print cards Will be added to the data base at the FUAA i' 25t only. A copy of the ten-print card will be retained by 16 : the FUAA for use by other agencies. If needed the actual l 17 ten-print card can be returned to the submitting agency r: 15 ; after a photocopy is made . 19 `i 6. 2. The quality of the card will be assessed during the 20 initial entry of the card. If the quality of the card 21i involves two (2) or more "C" quality prints, the 22 submitting agency will be requested to re-print the 23 candidate 's card at subsequent arrests or reprinting for 24 1 applicants. The deficient card will still be maintained t in the data base until a replacement card is received. � 6 27 � 7. 0 Allocation of Inquiries : 28 7.1 In the event that the number of inquiries exceeds the capacity - f 11R of the system, the following allocation of inquiries will be 2 used: 3 'I 7. 1 .1. All Priority 1 and Priority 2 inquiries will be permitted. I: 4 5 7.1 . 2. Priority 3 inquiries will be restricted to those latent 6 ;; prints collected pursuant to an investigation of a 7 ' "felony". 8i II 9 ±i �! 8. 0 The Local RAN Board will adopt additional allocation policies 2011 as needed in the event that the number of inquiries continue to 21 � exceed the capacity of the System. 12 � F 4 f 14 � lb 16 I! 17 0. 1s �I 20 I 21 22 I ' 23 J 24 9S 27 28 • R -lution of the City Council of Rmtington Beach MH REAS, Chapter 1234 Article 3.5 of the 1985 statutes authorizes participation of California law enforcement in the Remote Pccess Network of the California Identification System (CAL-ID), and WHEREAS, this law appropriates seven million dollars to fund local implementation of the Remote Access Network, and TtiMW, it is acknowledged that the local implementation of CAL-ID will help solve crimes and provide a safer environment for the citizens of our City, and WHEREAS, a local Orange County Remote Access Network Board has been established to determine the placement of equipment within the County and the manner bf purchase, and WHEREAS, Section 11112.5 (a) of the Penal Code provides for costs for equipment purchase, based upon'the master plan approved by the Attorney General, including State sales tax, freight, insurance and installation, shall be prorated between the State and local governnent entity, and MUMS, the State's share shall be 701( or approximately ! 1.722 million dollars ) and the local government's share will be l • 30% of those costs, and WHE] FAS, Section 11112.5 (b) of the Penal We provides th;it local government shall be responsible for all costs related to site preparation, equipmnt maintenance, on-going operational costs, file conversion costs and enhancements which exceed the basic design specifications of the California Department of Justice NUK, TWHORE, BE IT RESOLVED that the City Council will sspport its share of the cost of the Orange County CAL-ID program based upon its use of the program, t %..jHERIFF-CORONER DEPARTM,rdT •``"`°`' COUNTY OF ORANGE CALIFORNIA BRAD GATES SHERIFF-CORONER SERVING THE UNINCORPORATED AREAS RAUL RAMOS OF ORANGE COUNTY AND THE CITIES OF: OFFICE OF SHERIFF-CORONER UNDERSHERIFF DANA POINT SAN CLEMENTE ASSISTANT SHERIFFS LAGUNA HILLS SAN JUAN CAPISTRANO May 6, 1996 JOHN HE1 M LAGUNA NIGUEL STANTON JERRY KRANS LASE FOREST VILLA PARK DENNIS LADUCER MISSION VIEJO DOUG STORM TO: Orange County Chiefs of Police-Sheriffs Association FR0i11: Brad Gates, Sheriff-Coroner Chairman, Orange County Cal-ID Remote Access Network Board i SUBJECT: New Cal-ID User Agreement t 31.� f Sf J`� The Cal-ID User Agreement under which our Orange County Cal-ID system operates is set to expire on June 30, 1996. The Orange County Cal-ID Remote Access Board has re%iewed the former agreement and is suggesting changes insure financial solvency of the system for the future_ Among these changes are: • Provision for separate funds for Cal-ID system replacement and system operations to be established by the County Treasurer outside of the Orange County General Fund. • Revenues for system replacement costs and operational cost will be deposited into separate accounts. • If operational expenses exceed penalty assessment revenues,users of the Cal-ID system (the County and Cities)will be charged for access based upon population and no longer computer time. This method of assessing users brings Orange County in line with the surrounding counties' Cal-ID systems,makes budgeting easier to estimate and acknowledges the county-wide benefits of Cal-ID. The hope of the RAN Board is that this new method will also encourage agencies to make even greater use of the system to identify Orange County's criminals. A cost breakdown for each city is enclosed for the fiscal year 1996-97 operating budget. The projected revenue shortfall is$140,000. The RAN Board has prepared a short video presentation explaining Cal-ID,as well as additional supporting material for your use in explaining the benefits of Cal-ID to your Council. Cal-ID is an effective law enforcement too] for Orange County,and the support of your city is vital. Please try to have the new agreement approved by June 30, 1996. 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CAUFORNIA 92702-0449 9 (714) 647 7000 � � r 1 Cities costs, based upon population,calculated on an estimates! S140,000 shortfall Agency Population % Estimated costs for FY 96-97 Anaheim 11.23 $15,722 Brea 1.33 S 1,862 Buena Park 2.8 $3,920 Costa Mesa 3.93 $5,502 Cypress 1.78 $2,492 Dana Point 1.37 $1,918 Fountain Valley 2.09 $2,926 Fullerton 4.68 $6,552 Garden Grove 5.82 $8,148 Huntington Beach 7.I9 $10,066 Irvine 4.69 $6,566 Laguna Beach 0.91 $1,274 Laguna Hills 0.96 $1,344 Laguna Niguel 2.11 $2,954 Lake Forest 2.22 $3,108 La Habra 2.08 S2.912 La Palma 0.6 S840 Los Alamitos 0.47 $658 Mission Viejo 3.4 S4,760 Ne%kport Beach 2.65 S3,710 Orange 4.55 S6,370 Placentia 1.72 S2,408 San Clemente 1.77 S2.478 San Juan Capistrano 1.1 S 1.5.10 Santa Ana 11.79 S 16506 Sea] Beach 1.01 $1,414 Stanton 1.23 $1,722 Tustin 2.37 S3,319 Villa Park 0.24 S336 Westminister 3.15 $4,410 Yorba Linda 2.2 $3,080 Unincorporated County 6.57 $9,198 , i �I Cal-ID in Orange County Wiat is Ca!-ID in Orange Couiny? Cal-ID is an automated fingerprint identification system which electronically stores and searches fingerprint information to identify criminals. Cal-ID has been operating in Orange County since February 1987. Cal-ID is governed by a local board called the Remote Access Network,or RAN Board. The composition of the RAN Board is determined by section 11112.4 of the California Penal Code. Members include: -Member of the Board of Supervisors -Chief of Police of the city with the largest number of sworn officers, Chief Walters, Santa Ana -Sheriff Brad Gates, Chairman -Member representing the League of Cities,Tom Wilson of Laguna Miguel -District Attorney Mike Capizzi -Representative of the Orange County Chiefs of Police-Sheriff Association, Chief Ron Lowenberg of Huntington Beach, and -A member-at-Iarge elected by the other members, Chief Stan Knee, Garden Grove Cal-ID encompasses two mahi f7inctimys. Criminal identification whereby fingerprints are used to identify an unknown individual, or to verify the identity of an individual,for booking, arrests, warrants or for"John Does"for the Coroner's office.The criminal identification function identifies almost 40,000 individuals each year from those criminals who are booked into our jails and arrested on our streets. A vital role in officer and community safety. Latent fingerprint search and identification whereby a fingerprint examiner enters latent fingerprints from a crime scene, or from an item of evidence,to be searched against the 800,000 fingerprint card database in order to identify those who have committed crimes and left their fingerprints behind. This is important because it solves crimes in our communities. The Orange County Cal-ID system is responsible for identifying more than 8,600 criminals to date and put them in jail. Today,the Orange County Cal-ID system identifies a criminal every 12 hours from latent fingerprints alone. Many cases are solved by Cal-ID where there are no other investigative leads. Where do these fingerprints come from? Every law enforcement agency in Orange County, including Juvenile Hall and the Probation Department routinely fingerprints individuals suspected of a criminal violation. These fingerprint cards are sent to the central Cal-ID site at the Sheriff's Forensic Science • Cal-ID in Orange County Page 2 Building in Santa Ana for registration into the computerized fingerprint database. Further, since most criminals are remanded to the County Jail, a county-wide database was established to identify the majority of the repeat offenders in Orange County jails; and to provide for the most efficient computer searches for crime scene latent fingerprints. Has Cal ID been successful? A common measure of system performance is the"hit rate". That is,the number of identifications of latent fingerprints made in an automated fingerprint system versus the number of latent fingerprints entered. It is well known among law enforcement personnel that the hit rate for agencies using a local database is much higher than among those using the statewide database. • The"hit rate" statewide for Department of Justice latent searches ranges from 6- 8% • The"hit rate" for agencies searching the Orange County database ranges from ]6- 20 Cal-ID is not restricted to Orange County criminals atone. Cal-ID in Orange County is part of the statewide Cal-ID system. From terminals located here in Orange County, fingerprint technicians can search databases all over the western United States. An important factor in tracking today's criminals. Where are we today? The original user's agreements is soon set to expire. The RAN Board is asking that a new User's Agreement be approved by the County and Cities. This new agreement sets forth new billing and accounting procedures for the replacement of the current system and any operational shortfalls or overages due to changes in revenue from penalty assessments. A new system of charging users based upon population rather than computer time is included. Since all cities share the benefits of the local Cal-ID system,the RAN Board has recommended that all cities share the cost of the system. R7ix's coming? The RAN Board has established a funding committee to explore different financing alternatives to replace the current generation of ten-year old equipment. Cal-ID in Orange County Page 3 Summary The decisions made ten years ago to establish a centralized fingerprint database,with county-wide law enforcement access,has been proven to be financially sound and hugely successful at identifying criminals and solving crimes. The Cal-ID system works for Orange County law enforcement. For ten years Cal-1D has become an invaluable law enforcement tool, financially supported mainly by the criminals it identifies. Now, we need your support to keep Cal-ID going for another ten years!