HomeMy WebLinkAboutAGMT - Orange County (Auto Fingerprint ID System) .
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1 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 S day of 94
6 19 9fr , is by and between the County of Orange, a political subdivision of the State of California,
7 hereinafter "COUNTY," and the City of sea 1 Beach , a municipal corporation, hereinafter
8 "USER."
9 WITNESSETH
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 WHEREAS, COUNTY and USER deem it important to have direct access to CAL-ID, and
17 WHEREAS, there has been established in COUNTY a local board ("RAN BOARD"), which is
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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 1. 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.
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1 II. 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 (I) SYSTEM REPLACEMENT 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 i(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 COUNTY's Sheriff-
15 Coroner or other COUNTY department.
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17 (2) SYSTEM ON-GOING OPERATIONAL COSTS "OPERATIONAL COSTS"
18 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
• 21 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
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1 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 otherwise 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 shall be to serve all law 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 1 1 1 12.4; 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.
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24 III. This Agreement shall remain in effect until June 30, 2006, and shall continue for
25 additional periods of ten (10) 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
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1 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.
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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
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1 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 0 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 find only for those costs
12 described in Section II. 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 find to
15 the SYSTEM COSTS special revenue find, and credit all interest earned by moneys
16 in the OPERATIONAL COSTS special revenue fund to the OPERATIONAL
17 COSTS special revenue find, except that the County may deduct from said interests
18 administrative costs in accordance with Section II. 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.
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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
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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
11 estimate of its annual proportional share of SYSTEM COSTS and OPERATIONAL
12 COSTS.
13 (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 will 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
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1 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 finds 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
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1 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.
11 COUNTY shall invoice non-participants for said costs. COUNTY 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.
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1 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 all purposes deemed an original thereof
4
5 DATED 3 , 199 2 CO OF ORANGE
6
7 SIGNED AND CERTIFIED THAT A • / '
COPY OF THIS DOCUMENT HAS BEEN BY /
8 DELIVERED TO THE CHAIRMAN OF C P , BOARD OF SUPERVISORS
THE BOARD
9 =AIIEST di _
_ ,_
to ,
DARLENE J.BLOOM
11 CLERK OF THE BOARD OF SUPERVISORS
12 APRR6VED AS TO FORM:
13 Laurence M. Watson , Acting Chief Assistant COUNTY COUNSEL
I4 ,�\
15 BY -¢ -•-50�`� �"
DEPUTY
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Dated: )1/7-5- CL' , 19 rk'
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Date i . _ 2 e , 19 w CITY OF .EAL BEACH
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BY .
23 'e • . Ti , Cit Manager
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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
11 Dana Point
12 Fountain Valley
13 Fullerton
14 Garden Grove
15 Huntington Beach
16 Irvine
17 Laguna Beach
18 Laguna Hills
19 Laguna Niguel
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20 Lake Forest
21 La Habra
22 La Palma
23 Los Alamitos
24 Mission Viejo
25 Newport Beach
26 Orange
27 Placentia
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1 San Clemente
2 San Juan Capistrano
3 Santa Ana
4 Seal Beach
5 Stanton
6 Tustin
7 Villa Park
8 Westminster
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1
2 Exhibit B
3 Orange County Local RAN Board Operating Policies
4 1.0 As used in this Policy:
5 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.
17 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 2.1.1. 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
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1 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.
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12 3.0 Responsibilities of Participating Agencies
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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; all 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.
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26 4.0 Priority Services:
27 4.1 The users agree to use the following priorities when using the Orange County Cal-ID
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• 1 System.
2 Ten Print Services Latent Services
3 Priority 1: 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 1.
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
11 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
15 agencies, unless specifically authorized by the local RAN Board
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17 5.0 Retention of Latent Prints:
18 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.
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2 7.0 Allocation of Inquiries:
3 7.1 In the event that the number of inquiries exceeds the capacity of the system, the
4 following allocation of inquiries will be used:
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 7.11 The Local RAN Board will adopt additional allocation policies as needed in the event
9 that the number of inquiries continue to exceed the capacity of the System.
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11 8.0 Modifications to Operating Policies
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13 8.1 Operating policies can be modified by a majority vote of the Local RAN Board
14 members at a duly constituted meeting.
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ORIGINAL
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• • CLERK OE 1HE BOARD
ORANGE COUNTY
' 1 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 _4102 day of
6
Q,,AV 19L_ is by and between the County of Orange, a
7 body corporate and politic, hereinafter "COUNTY," and the City of
8 Seal Beach , a municipal corporation, hereinafter "USER."
9 WITNESSETH
10 WHEREAS, the State Department of Justice maintains an automated
11 system for retaining and identifying fingerprints, said system being
1
' known as the California identification System ( "CAL -ID "), and
13 8 WHEREAS, the Penal Code, Section 11112.1 et seq., provides for
I j
14 I the establishment of a Remote Access Network ( "RAN "), consisting of a
o 'i; 15 ii statewide network of equipment and procedures allowing local law
Wo o II
O 16 ` enforcement agencies direct access to CAL -ID, and
Z a
00 17 WHEREAS, COUNTY and USER deem it important to have direct access
18 to CAL -ID, and
1 9 WHEREAS, there has been established in COUNTY a local board ( "RAN
20 BOARD "), which is charged with determining the placement of RAN
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
" 25 Department of Justice, has developed a local network ( "SYSTEM ") to
N 26 access CAL -ID, and
27 WHEREAS, it is recognized that new users may, from time to time,
28 require access to SYSTEM.
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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
4 1
Operating Policies) are attached hereto and incorporated herein by
51 reference.
6 II. A SYSTEM shall be established in COUNTY and all right, title
7 and interest to SYSTEM shall remain with COUNTY. The configuration of
8 SYSTEM will be as approved by the RAN BOARD.
9 a) The SYSTEM will comprise two areas of cost components:
101i SYSTEM Initial and Start -up Costs, and SYSTEM On -going
11 ;I Operational Costs.
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1_j 1. SYSTEM Initial and Start -up Costs ( "INITIAL COSTS ")
j I
13 will include the acquisition and installation of equipment
14'j necessary for SYSTEM implementation, less the State's
J,
lal
-. 151 subvention. It also will include the cost of the Full Use
0
LL�w 16j Access Agency site preparation and Local Input Terminals as
0Z 4
� 0 17 set forth in Exhibit "B ", cost of ten print card conversion,
18 telecommunications installation and finance costs to fund
19 SYSTEM's acquisition.
20 2. SYSTEM On- going Operational Costs ( "OPERATIONAL
21 COSTS ") will include those costs needed to maintain the
22 central computer and related equipment and any Local Input
23 Terminals purchased under this AGREEMENT, costs for
24 telecommunication operations for the SYSTEM equipment, costs
25 of replacing the equipment amortized over ten (10) years and
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26 funding for SYSTEM enhancements authorized by the RAN BOARD.
27 b) The primary purpose of the SYSTEM shall be to serve all
® 28 law enforcement agencies in COUNTY.
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7/12/86
1 c) Additional law enforcement agencies may be added to
2 SYSTEM and USERS may be removed from SYSTEM as conditions
3 !
warrant.
4 '
d) COUNTY may, upon recommendation of the RAN BOARD, enter
5 into contracts for the acquisition of equipment including
6 financing therefor, and service or maintenance as be necessary to
7 effectuate the purposes and objectives of this AGREEMENT.
8 e) COUNTY and USER(S) designate the RAN BOARD to determine
91 whether or not users shall be added to, or removed from the
10
SYSTEM pursuant to the criteria in Penal Code Section 11112.4; to
11 consult with the COUNTY and USER to determine future modification
12 of the SYSTEM; and to develop operational policies for the SYSTEM
1 3 i1 in accordance with the terms and conditions of this AGREEMENT.
14 ;' f) Any SYSTEM modification or any action by the Local RAN I
J
;; • 15! BOARD which requires USER to obligate additional funds for the
Z 16 i cost sharing shall require prior approval by the Governing Body I
u0 17 of COUNTY and a majority of other participating USERS.
18 III. This Agreement shall remain in effect until June 30, 1996,
19 and shall continue for additional periods of ten (10) years each,
20 unless the Governing Bodies of either COUNTY or a majority of the then
21 USER(S) votes not to continue the Agreement at a meeting held more
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
24 the end of the ten -year period. Notwithstanding the foregoing, this
25 Agreement may be terminated at the end of any fiscal year (June 30) by
N 26 any USER, as to that party, by serving written notice of termination
27 on the RAN BOARD not less than thirty (30) days prior to June 30. The
28 RAN BOARD shall promptly notify COUNTY and other USERS. Such
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1 termination shall not relieve the party of any financial obligation
2 assumed under this Agreement other than future operational costs.
31 IV.- COUNTY shall:
41 a) Negotiate or bid, as appropriate, and enter into agree -
5 I ; ments as contemplated by Section II.d. of this Agreement and make
6 1 payments thereunder.
7 b) Enter into agreements with new users which receive
8 1 approval to access SYSTEM, provided that:
91 (1) Any new user shall execute this Agreement.
10
(2) Any additional terms, conditions, modifications
11 and costs for entry shall be included in an addendum to the
Agreement. Said addendum will address any direct or
13 indirect compensation to USERS for initial costs to be
14 '' shared by new user. Indirect compensation may take the form
W r
;; 15'! of improvement or modification of SYSTEM for the benefit of
L./
LL
— . 1 a 16 all USERS.
(D z < jl
0% 171 (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
21 amortizing and be obtained at the lowest interest rate reasonably
22 obtainable.
?3 V. USER and COUNTY agree to the following:
24 a) COUNTY will use a separately identifiable account for
• 25 the purpose of funding the SYSTEM.
N 26 b) USERS shall pay their proportional share of the initial
N �
27 costs and operational costs on a monthly basis. Said payments
I 28
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1 shall be made within thirty (30) days of receipt of invoices from
2 COUNTY.
31 -- c) The proportional share of each USER'S cost (the COUNTY
I
is deemed a USER for the purposes of this section) will be based
5' upon the proportional use of the SYSTEM'S central processing
6 unit's (CPU) use time. The proportional use will be determined
7' on a monthly basis by COUNTY staff. Each USER will be assigned a
8 CPU account number for purposes of monitoring the CPU use.
9 d) COUNTY shall provide USERS a financial report at the end
1011 of each fiscal year. Said report shall include an accounting of
11;1 all funds paid to vendors for the SYSTEM.
12 I I e) USER will only permit personnel trained in the use of
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13 the equipment to operate same. Each USER will be responsible for
14 damage to the equipment caused by it, other than normal wear and
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o“; 15 tear.
U U m
16 li
V VI. SYSTEM Operating Policies
0 .0 1 %I a) Improvements to SYSTEM are judged to be improvements for
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18 all USERS and the costs thereof will be shared as set forth in
19 Section V.
20 b) Operational policy will be established and modified as
21 deemed appropriate by the RAN BOARD. This policy shall ensure
22 that each USER is treated equitably. Current. policy is set forth
23 in Exhibit "B."
24 c) Any dispute between USERS over operational policies
25 established by the RAN BOARD shall be resolved by that BOARD.
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26 VII. Each party shall indemnify and hold all other parties
E 27 1 harmless from liability for acts or omissions of itself and its agents
28 and employees in connection with the performance of this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have hereunto set their
2 hands and seals on the date set forth opposite their respective
3 signatures on identical counterparts of this instrument, each of which
4 shall be for all purposes deemed an original thereof.
5 j DATED: , ( , 198 Cp COUNTY OF ORANGE
6
SIGNED AND CERTIFIED THAT A
7 COPY OF THIS DOCUMENT HAS BEEN By drott,nd.
DELIVERED TO THE CHAIRMAN OF C a rm0h ofts Board or
8 THE BOARD Supervisors
9�
10 1 LINDA D. ROB DRTS 1 4IN0
11 Clerk of the Board of Supervisors
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APPROVED AS TO FORM:
13 ADRIAN rYPER, COUNTY COUNSEL
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W . 1 By
o 0 15 �; Deputy
"" Dated: , 19
W 16 lI Dd: 1� \ 5
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u0 17 DATED: , 19 CITY OF Seal Beach.
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By / 4
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Robert A— Nelson, Nelson City Manager
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H100 /12 6.
7/12/86
1 Exhibit A
2 USERS of . the Cal -ID Automated Fingerprint Identification System
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4 The City Of:
5 Anaheim
6 Brea
7 Buena Park
8 Costa Mesa
9 Cypress
,10 Fountain Valley
11 Fullerton
12 Garden Grove
13 Huntington Beach
14 Irvine
15 Laguna Beach
16 La Habra
17 La Palma
18 Los Alamitos
19 Newport Beach
Z0 Orange
21 Placentia
22' San Clemente
23 Santa Ana
24 Seal Beach
25 Stanton
26 Tustin
27 Westminster
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Exhibit B
Orange County Local RAN Board Operating Policies
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2 1.0 As used this policy:
3 1.1 "Full Use Access Agency" (FUAA) will mean the Orange
4 County Sheriff - Coroner Department.
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1.2 "Participating Agency" means a local law enforcement
6 agency contributing to the cost of the operation of the
7 Orange County Cal -ID System.
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1.3 "Host Agency" means a participating agency in which a
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Local Input Terminal (LIT) has been placed by the Local
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.10 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
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County Cal -ID vendor, the Department of Justice or any
14 designee of the Local RAN Board to input latent or ten
15 print fingerprint cards, perform inquiry operations and
16 I generate candidate lists as a result of inquiry op
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tions. Each trained operator will have a system security
1 8 password assigned to him.
19 1.5 "Latent Print Examiner" means a person with the skills,
20 knowledges and abilities to perform latent fingerprint
21 to inked fingerprint comparisons.
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2 .0 POLICIES AND PROCEDURES
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25 2.1 Responsibilities of Host Agencies.
Z6 Host Agencies accept the following conditions for the hosting
27 of a Local Input Terminal:
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lei 2.1.1. The Host Agency will provide 24 -hour, 7 day a week access to
I I participating agencies trained operators within the LIT
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3 I! region.
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it 2. The Host Agency will provide latent print comparison services
51! for those regional participating agencies without a latent
6 print examiner in that agency. This service will be
7 available Monday through Friday during business hours, and
8 1 will be at no charge to the participating agency.
9 3. The Host Agency will provide adequate power, air - conditioning
101 and space to provide a suitable working environment for the
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11 LIT and personnel operating the LIT.
12 4. The Host Agency will provide a schedule of times for LIT
13 used by participating agencies within the region which
14 will be designed to prevent undue burdens upon the
15 I i capacity of the FUAA. This schedule will be coordinated
16 1 ' among all the Host Agencies and FUAA.
17 5. Local Input Terminals will be located at the Anaheim Police
18 Department, Garden Grove Police Department, Costa Mesa
19 Police Department and Santa Ana Police Department.
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21 3.0 Responsibilities of Participating Agencies
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23 3.1 Participating agencies will have the following responsibilities:
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25 3.1.1. 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
2 Sheriff - Coroner Department.
3.1.2. Prior to latent inquiry into the Cal -ID System all latent
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1 prints collected at crime scenes will be examined to
211 determined if the latent print is identifiable; all latent
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3 prints will be examined to determine if they represent finger
4 friction ridge detail; whenever possible latent prints will
5! be compared to those individuals having legitimate access
6 11 to a crime scene so- called "elimination" prints.
7 3.1.3 Agencies must agree to comply with system audit procedures
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adopted by the Local RAN Board.
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10 4.0 Priority Services:
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4.1 The users agree to use the following priorities when using the
12 Orange County Cal -ID System.
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14 Priority 1: Ten print card inquiry for in- custody subject.
15 Priority 2: Latent print inquiry for homicide, rape or other
16 I ' crime against person or
17'! Latent print inquiry for in- custody subject for
18 any other crime.
19 Priority 3: Routine latent inquiry and all other inquiries.
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21 4.2 Account Numbers /Security Codes:
22 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
25 have more than one trained operator.
26 Candidate Respondents List:
27 Notwithstanding the provision of Section 5.7.3.2 of the Cal - /RAN
User Agreement, participating agencies will retain a hardcopy of all
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11 candidates lists generated as a result of a latent or ten print
2h inquiry. A copy of this list will be retained at the site of the
3' inquiry (either a LIT or FUAA).
4 5.0 Retention of Latent Prints:
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6 5.1 Latent prints entered by a participating agency will be
7 1 retained within a file at the FUAA for searching after each
8.1 ten -print addition. The criteria for latent print retention in
9 ` I this file will be jointly agreed upon by the FUAA staff and
10 other participating
11 ! agencies.
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131 6.0 Addition of Ten -Print Card:
14 6.1. Ten -print cards will be added to the data base at the FUAA
15 �� only. A copy of the ten -print card will be retained by
16 the FUAA for use by other agencies. If needed the actual
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17 � ' ten -print card can be returned to the submitting agency
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181 after a photocopy is made.
19 6.2. The quality of the card will be assessed during the
20 initial entry of the card. If the quality of the card
21 involves two (2) or more "C" quality prin the
22 submitting agency will be requested to re -print the
23 candidate's card at subsequent arrests or reprinting for
24 applicants. The deficient card will still be maintained
25 in the data base until a replacement card is received.
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27 7.0 Allocation of Inquiries:
28 7.1 In the event that the number of inquiries exceeds the capacity
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1 of the system, the following allocation of inquiries will be
2 1', used:
3 7.1.1. All Priority 1 and Priority 2 inquiries will be permitted.
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5 7.1.2. Priority 3 inquiries will be restricted to those latent
6� prints collected pursuant to an investigation of a
7 1 "felony ".
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9 8.0 The Local RAN Board will adopt additional allocation policies
101 as needed in the event that the number of inquiries continue to
11'. exceed the capacity of the System.
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