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HomeMy WebLinkAbout2000-12-11 City Council (10)City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL FROM: DATE: SUBJECT: CITY MANAGER DEPARTMENT: POLICE DECEMBER 11, 2000 CMR:430:00 APPROVAL OF AMENDED AND RESTATED AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM RECOMMENDATION Staff recommends that Council authorize the Mayor to execute the amended and restated agreement providing for Palo Alto Police Department’s continued participation in the CAL-ID automated fingerprint system for 2000-01. DISCUSSION On January 1, 1986, Senate Bill 190 provided for implementation of a statewide automated fingerprint system that could be accessed by local law enforcement agencies. The bill also provided procedures for local government to receive equipment, based upon a sharing of costs with the state. The state paid 70 percent of the cost of the purchase of the equipment. All other costs for implementing local systems are the responsibility of local government. To be eligible to participate in this statewide program and to receive the 70 percent matching grant from the state, each county was required to form a local policy board. The Santa Clara County CAL-ID Local Policy Board was formed in 1988 and is currently composed of Supervisor Don Gage, from the Board of Supervisors; Mayor Henry Manayan, City of Milpitas, District Attorney George Kennedy; Santa Clara County Sheriff Laurie Smith; Chief William Lansdowne, San Jose Police Department, representing the largest police department; Mark Miller, Town Manager of Los Altos Hills; and Chief Steve Schwab, Chair and representative for the Police Chiefs’ CMR:430:00 Page 1 of 3 Association of Santa Clara County. A staff committee subsequently developed the Santa Clara County program. In efforts by the state to streamline the contracting process, beginning in fiscal year 2001- 02, agencies will no longer be required to obtain City Council approval to amend the agreement for providing automated fingerprint system services. Instead the City will be billed on an annual basis for its share. RESOURCE IMPACT The City of Palo Alto’s share for fiscal year 2000-01 is $40,745. Funds have been included in the Police Department’s current budget. POLICY IMPLICATIONS This report does not represent any change to existing City policies. . ENVIRONMENTAL REVIEW This program is not a project requiring environmental assessment. ATTACHMENT Amendment to the Agreement PREPARED BY: DEPARTMENT HEAD: Lynne Johnson, Assistant Police Chief PATRICK DWYEP~ Chief of Police CMR:430:00 Page 2 of 3 CITY MANAGER APPROVAL: AUDREY Assistant to the City Manager CMR:430:00 Page 3 of 3 JRG:CBM 9/29/99 APPROVED AS TO FORM:CITY OF MILPITAS City Attorney APPROVED AS TO FORM: By CITY OF MONTE SERENO Dated: City Attorney APPROVED AS TO FORM: By CITY OF MORGAN HILL Dated: City Attorney APPROVED AS TO FORM: By. CITY OF MOUNTAIN VIEW Dated: City Attorney APPROVED AS TO FORM:CITY OF PALO ALTO Dated: Senior Asst~City APPROVED AS TO FORM: By CITY OF SAN JOSE Dated: Dated: APPROVED AS TO FORM: CITY OF SANTA CLARA City Attorney By Dated: AMENDED AND RESTATED AGREEMENT 021700,do~12 JRG’:CBM 9/29/99 AMENDED AND RESTATED AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM THIS AMENDED AND RESTATED AGREEMENT is made and entered into this ~- day of~~:~/, 2000, by and between the COUNTY OF SANTA CLARA, a county of the State of California (hereinafter "County"), the CITY OF CAI’:~PBELL, a municipal corporation, the CITY OF CUPERTINO, a municipal corporati,’~n, the CITY OF GILROY, a municipal corporation, the CITY OF LOS ALTOS, a municipal corporation, the TOWN OF LOS ALTOS HILLS, a municipal corporation,, the TOWN OF LOS GATOS, a municipal corporation, the CITY OF MILPITAS, a municipal corporation, the CITY OF MONTE SERENO, a municipal corporation, the CITY OF MORGAN HILL, a municipal corporation, the CITY OF MOUNTAIN VIEW, a municipal corporation, the CITY OF PALO ALTO, a municipal corporation, the CITY OF SA.N JOSE, a municipal corporation, the CITY OF. SANTA CLARA, a municipal corporation, the.CITY OF SARATOGA, a municipal corporation, and the CITY OF SUNNYVALE, a municipal corporation (hereinafter collectively referred to as "Incorporated Cities"). RECITALS WHEREAS, on April 26,. 1988, the County and the.Incorporated Cities entered into an agreement entitled "Agreement to Provide Local Law Enforcement Agency Access to the California Identification System" ("AGREEMENT"); and WHEREAS, since the date of the AGREEMENT, the County and the Incorporated Cities have entered into eleven amendments to the AGREEMENT to modify various terms and extend the term of the amended AGREEMENT through June 30, 2000; and WHEREAS, the County and the Incor~porated Cities desire to amend and restate the terms of the amended AGREEMENT in order: (1) to allow the California Identification AMENDED AND RESTATED AGREEMENT 021700.do¢1 JR(~:CBM 9/29/99 System to be operated from year to year without being subject to annual amendment, (2) to formalize the existence and regulate the use of the reserve fund that has accumulated since 1988; and (3) .to update the AMENDED AND RESTATED AGREEMENT ("AMENDED AND RESTATED AGREEMENT"). NOW, THEREFORE, the County and Incorporated Cities agree that the AMENDED AND RESTATED AGREEMENT will state as follows: SECTION 1, PURPOSE The purpose of this AMENDED AND RESTATED AGREEMENT is to maintain the existing Local ID System within Santa Clara County, which provides coordinated county wide access to the California Identification System ("CAL-ID System"); to authorize procedures allowing local law enforcement agencies within Santa Clara County direct access to the CAL-ID System for fingerprint identification; to allocate equitably among the parties the costs of maintaining the Local ID System within Santa Clara County. SECTION 2. TERM OF AMENDED AND RESTATED AGREEMENT Theterm of this AMENDED AND RESTATED AGREEMENT shall commence on July 1, 2000 and shall continue in effect until terminated pursuant to the terms of Section 13. SECTION 3. A. LOCAL POLICY BOARD Pursuant to California Penal Code Section 11112.4, a local, remote access network board, knowr{ as the "Santa Clara County CAL-ID RAN Policy Board" ("Local Policy Board"), has been established, which is currently composed of the following members: a member of the Board of Supervisors, the Sheriff, the District Attorney, the Chief of Police of the department having the largest number of swornpersonnel within the county, a Chief of Police selected by all of the Police Chiefs within the county, a Mayor selected by the City Selection Committee established pursuant to California Government Code Section 50270, and a member-at-large chosen by the otlier members. AMENDED AND RESTATED AGREEMENT 021700.doc 2 JF~G:CBM 9/29/99 Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall: Establish policies and procedures necessary to implement the purposes of this AMENDED AND RESTATED AGREEMENT; Establish a budget and approve expenditures consistent with the terms of this AMENDED AND RESTATED AGREEMENT; Determine and coordinate the purchase, acceptance, placement, installation, use, maintenance, replacement, disposition of, and all other matters concerning all local remote access network equipment ("local RAN equipment") within the County, adhering to the policy guidelines and procedures adopted by the California Department of Justice. o Develop procedures to regulate the ongoing use and maintenance of the local RAN equipment adhering to the policy guidelines and procedures adopted by the California Department of Justice; and Determine the placement of personnelfunded by the Local ID System. SECTION 4. ADMINISTRATION The City of San Jose has been and shall continue to be the general administering agency for the Local ID System. The City of San Jose has been and shall continue to provide fiscal management of the Local ID System fund and expenditures, including, but not limited to: (1) establishing the interest-bearing accounts pursuant to Section 8 into which shall be deposited allfunds received under this AMENDED AND RESTATED AGREEMENT and from which sha~l be paid all costs and expenses incurred under this AMENDED AND RESTATED AGREEMENT; (2) billing each pa~rty for that party’s share of the costs under this AMENDED AND RESTATED AGREEMENT; (3) providing each of the parties and the Local Policy Board with periodic reports and an annual financial AMENDED AND RESTATED AGREEMENT 021700,do¢3 JRG:CBM 9/29/99 report at the end of each fiscal year; and (4) payment of all Local Policy Board expenses. .SECTION 5. _FUNDING. The parties to this AMENDED AND RESTATED AGREEMENT shall pay the costs of the Local ID System, with the exception of the City of San Jose, which shall make non- cash contributions to the System in lieu of direct cash contributions. SECTION 6. PAYMENTS A..Costs. Cost components of the local automated fingerprint identification system ("Local iD System") in Santa Clam County include: (i) new equipment costs; (ii) annual operating costs, and (iii) miscellaneous costs related to the operation of the Local CaI-ID System not included in Subparagraphs (i) and (ii). For PUrposes of this AMENDED AND RESTATED AGREEMENT, "annual operating costs" shall include, but not be limited to, the costs of personnel, supplies, materials, utilities, maintenance, repair, training and Other costs incurred in the annual _ operation of the Local ID System. Allocation of Costs 1.City of San Jose In-Kind Contribution. The City of San Jose shall not be required to pay any portion of the costs set forth in Section A, but shall instead provide in-kind contributions by acting as the general administering agency and fiscal agent for the Local ID System as set forth in Section 4 and provide City of San Jose emPloyees to operate the Local ID System. The City’s in-kind contribution, to the Local ID System is contingent upon annual appropriations by the City of San Jose City Council. Payments by All Parties Except the City of San Jose. All costs of the Local ID System as set forth in Subsection A, above, shall be allocated among the Parties to the AMENDED AND RESTATED AGREEMENT, with the exception of the City of San Jose, based on each party’s percentage share AMENDED AND RESTATED AGREEMENT 021700.doc 4 JRG:CBM 9/29/99 of the total population of all agencies participating in the System, not including the population of the City of San .Jose. The population figures used for allocating these costs shall be established by the most recent State of California Department of Finance Population Estimates. For the purpose of this AMENDED AND RESTATED AGREEMENT, the County’s share of population shall be the population of the unincorporated area of ’Santa Clara County. Payments Nonrefundable. Payments made pursuant to this AMENDED AND RESTATED AGREEMENT shall be nonrefundable and shall not be returned to any party unless all parties agree to terminate this AMENDED AND RESTATED AGREEMENT and to discontinue the Local ID Sysiem in Santa Clara County. SECTION 7. AFIS SYSTEM CONTRIBUTION TO LOCAL ID SYSTEM A. On May 20, 1997 the City of san Jose and the County of Santa Clara entered into a Memorandum of Understanding Regarding’the Acquisition and Operation of the Automated Fingerprint Identification System Between the City of San Jose and the County of Santa Clara ("AFIS MEMOR,~NDUM OF UNDERSTANDING"). Under the terms of the AFIS MEMORANDUM OF UNDERSTANDING the Local ID System is allowed to use the AFIS System in order to fulfill its responsibilities under this AMENDED AND RESTATED AGREEMENT. The funding, ownership, operation, and control over the AFIS System is determined according to the terms of the AFIS MEMORANDUM OF UNDERSTANDING an, d not by the .terms of this AMENDED AND RESTATED AGREEMENT. SECTION 8. ANNUAL BUDGET AMENDED AND RESTATED AGREEMENT 021700.do¢ JRG:CBM 9/29/99 Prior to the commencement of any fiscal year, the City of San Jose shall estimate the costs for that fiscal year. The estimated annual budget shall be approved, disapproved or amended by the Local Policy Board. On or before May 1 of the preceding fiscal year, the City of San Jose s~hail~otify each party of its share of the estimated costs for the succeeding year, which shall be allocated among the parties in the manner prescribed in Section 6, above. Payments required to be paid under this Section shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, on or before July 15 of the fiscal year for which the payments are due. Interest Bearinq Trust Accounts. Payments shall be deposited in interest- bearing trust accounts maintained by the City of San Jose for benefit of the Local ID System, with any earned interest being applied to the account. The City of San Jose shall serve’as the trustee of the accounts and shall have the authority to deposit and withdraw funds from the accounts to pay for costs according to the annual budget approved by the Local Policy Board.. Reserve Fund. The Local Policy Board~has since 1988 maintained in a separate interest bearing trust account a reserve fund ("Reserve") that has accrued since 1988 from budget surpluses and interest accrued on the corpus of the fund. The Reserve funds shall be held in an interest bearing trust account for benefit of the Local ID System, with any earned interest being ai~plied to the account. The City of San Jose shall serve as the trustee of the account and shall have the authority to deposit and withdraw funds from the account. The Local Policy Board shall develop written policies regarding the maintenance and use of the Reserve. The Local Policy Board shall have the authority to maintain this Reserve and AMENDED AND RESTATED AGREEMENT 021700.doc 6 JRG:CBM 9/29/99 to use funds from it for the purpose of paying any of the costs identified in Section 6 (A). SECTION 9. BUDGET ADJUSTMENTS If, in any fiscal year, the actual annual cSsts are higher than as pi’eviously determined by the Local Policy Board, the Local Policy Board, with the assistance of the City of San ..$~,se, shall determine the additional amount needed to meet the costs for that fiscal year. Each party, except for the City of San Jose, shall contribute its share of the additional amount, which share will be based on the party’s percentage share of the tota~l population of all par~ies participating in the Local ID System, not including the population of the City of San Jose. The additional payments shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department within thirty (30) days of billing. SECTION 10. EMPLOYEES The City of San Jose shall provide such employees as the Local Policy Board considers necessary to the efficient operation of the Local ID System. The persons provided by the City pursuant to this Section shall remain employees of the City of San Jose.. The salary and all fringe benefit costs incurred by the City of San Jose in the employment of persons provided pursuant to this Section shall be paid for out of the payments made by the parties pursuant to Section 6 at the time these costs are due and payable. SECTION 11, OWNERSHIP OF EQUIPMENT A.Local Remote Access.Network (RAN) Equipment. Local RAN equipment consists of one Local Input Terminal and associated equipment purchased to facilitate the Local 1D System, and is not inclusive of the City of San Jose/County of Santa Clara Automated Fingerpiint Identification System (AFIS) and associated equipment. Ownership of the local RAN equipment purchased pursuant, to Penal Code Section 11112.5(a), shall be vested as follows: AMENDED AND RESTATED AGREEMENT 021700.do¢7 J~G:CBM 9/29/99 Ownership of the four (4) high-resolution facsimile machines or replacements to such machines shall be vested in the County, which shall not ,have the right to sell, transfer, or otherwise dispose of such equipment without the prior written approval of the Local Policy Board,except in the event that this AMENDED AND RESTATED AGREEMENT is terminated by :,~,.i: parties and the Local ID System is discontinued, in which case the .County may retain for itself all or any portion of such equipment as permitted by law. Ownership of all other local RAN .equipment or replacements_of such ........ equipment shall be vested in the City of San Jose, which shall not have the right to sell, transfer or otherwise dispose of such equipment without the prior written approval of the Local Policy Board, except in the event: that this AMENDED AND RESTATED AGREEMENT is terminated by a!! parties and the Local ID System is discontinued, in which ease theCity of San Jose may retain all or any portion of such equipment as permitted by law. = In the event that this AMENDED AND RESTATED AGREEMENT is terminated by all parties, the Local ID System is discontinued and. the City of San Jose does not retain for itself the machines equipment referred to in this Section, the Local Policy Board shall sell, transfer or dispose of such equipment in any manner allowed by law. To the extent permitted by law, any proceeds received by the Board shall be distributed among the past and present parties to this Agreement who contributed to the cost of acquiring such machines and equipment based upon each party’s percentage contribution to the acquisition of such machines or equipment. SECTION 12. IRREPARABLE DAMAGE TO EQUIPMENT A.In the event that the local RAN equipment, or any portion thereof, is destroyed or damaged beyond repair, replacement equipment shall be purchased. Except as AMENDED AND RESTATED AGREEMENT 021700.doc 8 JRG:CBM 9/29/99 provided in Subsection B, the cost of replacement equipment shall be allocated among all parties, including the City of San Jose, based upon each party’s percentage of the total population of all parties to this Agreement (including the population of the City of San Jose andthe population of the unincorporated area of the County). In the event local RAN equipment, or any portion thereof, is destroyed Or damaged bey0~’;d repair due to the willful misconduct of the City of San Jose and/or the County, their officers, agents and employees, in which event, the replacement cost shall be borne by the City of San Jose or the County, whichever is responsible for such damage. SECTION 13. A. TERMINATION Any party may terminate this AMENDED AND RESTATED AGREEMENT and its participation in he Local ID System by providing written notice of termination to the Local Policy Board and to the City of San Jose Chief of Police on or before February 1, which will be effective as of the following July 1. A Party’s participation in the Lo~al ID System shall automatically terminate at the end of any fiscal year in the event that funds are not appropriated by that party for the next succeeding fiscal year. go Interest Bearinq’Account Funds. If all parties agree to terminate this AMENDED AND RESTATED AGREEMENT and to discontinue the System, any funds remaining in the interest-bearing accounts referred to in Section 8, above, shall be distributed to the then-current parties to this AMENDED AND RESTATED AGREEMENT, except.for the City of San Jose. Such distributions shall be distributed on the basis of each party’s percentage share of the total population of the then-current parties to this Ag~:eement, not including the population of the City of San Jose. Distributions shall not be made until all outstanding expenses of the System have been paid or otherwise provided for. AMENDED AND RESTATED AGREEMENT 021700.doc 9 JRE~:CBM 9129/99 Proceeds From Sale or Transfer of System Equipment. If all parties agree to terminate this Agreement and to discontinue the System, and if the Local Policy Board sells or transfers all or any portion of the System equipment pursuant to Section 11, any such proceeds received from such sale or transfer shall be distributed in the manner specified in Section 11. SECTION 14. NEW USERS A non-participating agency seeki~’,q to participate in the Local ID System shall not be allowed to participate without the approval of the Local Policy Board. New agencies that are atlowed to participate in the System shall be required to execute an amendment to this AMENDED AND RESTATED AGREEMENT by whioh the n~w agency agrees to be a party to this AMENDED AND RESTATED AGREEMENT and to be subject to all of its terms and conditions. The amendment may be executed by the City Manager or Chief of Police of the City of San Jose, who are each authorized to execute the amendment on behalf of the parties to this AMENDED AND RESTATED. AGREEMENT~ SECTION 15. INDEMNIITY AND CONTRIBUTION Each Party, including the City of San Jose, shall contribute to the cost of any claim, loss, liability or defense costs, including reasonable attorney’s fees, arising out of or resulting in any way from the operation of the Local ID System by the City of San Jose, its officers, agents, or employees, excepting acts of willful misconduct by the City of San Jose, its officers, agents, or employees. Such costs shall be allocated among the parties, including the City of San Jose, based upon each party’s percentage of the total population of all parties to t~is AMENDED. AND RESTATED AGREEMENT, including the population of the City of San Jose. SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS This AMENDED AND RESTATED AGREEMENT sets forth the entire AMENDED AMENDED ANO RESTATED AGREEMENT 021700.doc 1 0 JRG:CBM 9/29/99 AND RESTATED AGREEMENT between the parties and supersedes any and all oral understandings, representations, or promises. Any change or modification to this ¯ AMENDED AND RESTATED AGREEMENT must be in writing and signed by the authorized representatives of the parties thereto. WITNESS THE EXECUTION HEREOF, the day and year first written above. APPROVED AS TO FORM: CITY OF CAIV~PBELL City Attorney’ APPROVED AS TO FORM: By.Dated: CITY OF CUPERTINO City Attorney APPROVED AS TO FORM: By Dated: CITY OF GILROY City Attorney. APPROVED AS TO FORM: By.Dated: CITY OF LOS ALTOS City Attorney APPROVED AS TO FORM: By Dated: TOWN OF LOS ALTOS HILLS Town Attorney APPROVED AS TO FORM: By.Dated: TOWN OF LOS GATOS Town Attorney By Dated: .AMENDED AND RESTATED AGREEMENT 021700.doc 11 ,~r[G:CBM 9/29/99 APPROVED AS TO FORM:CITY OF MILPITAS City Attorney APPROVED AS TO FORM: By. CITY OF MONTE SERENO Dated: City Attorney APPROVED AS TO FORM: By CITY OF MORGAN HILL Dated: City Attorney APPROVED AS TO FORM: By CITY OF MOUNTAIN VIEW Dated: City Attorney APPROVED AS TO FORM: By. CITY OF PALO ALTO Dated: City Attorney APPROVED AS TO FQRM: "~(Attorney APPROVED AS TO FORM: By. CITY OF SAN JOSE CITY OF SANTA CLARA Dated: Dated: City Attorney By.Dated: AMENDED AND RESTATED AGREEMENT 021700.doc 1 2 JRG:CBM 9/29/99 APPROVED AS TO FORM: CITY OF SARATOGA City Attorney APPROVED AS TO FORM: By, CITY OF SUNNYVALE Dated: City Attorney APPROVED AS TO FORM: By, COUNTY OF SANTA CLARA County Counsel By.Dated: AMENDED AND RESTATED AGREEMENT 021700.doc 13 SANTA CLARA COUNTY CAL=ID ALLOCATION OF OPERATING COSTS FISCAL YEAR 2000-01 CAMPBELL CUPERTINO GILROY LOS ALTOS LOS ALTOS HILLS LOS GATOS MILPITAS MONTE SERENO MORGAN HILL MOUNTAIN VIEW PALO ALTO SANTA CLARA SARATOGA SUNNYVALE UNINCORPORATED Total Estimated January-99 39,850 47,650 39,050 28,500 8,250 3O,250 64,300 3,440 31,900 75,2O0 61,200 102, 700 31,250 132,900 109,800 806,240 Percent Share 4.943% 5.910% 4,843% 3,535% 1,023% 3.752% 7,975% 0,427% 3,957% 9.327% 7.591% 12.738% 3.876% 16.484% 13.619% 100,000% 200(T.01 Share $26,530.~42 $31,723.33 $25,997.81 $18,974.08 $5,492.50 $20,139.15 $42,808.18 $2,290.20 $21,237.65 $50,064.93 $40,744.33 $68,373.25 $20,804.91 $88,479.12 $73,100.13 $536,760.00 CAL-ID OPERATIONS EXHIBIT A 2/28/00 SANTA CLARA c(3UNTY CAL-ID PROPOSED BUDGET FISCAL YEAR 2000-01 PERSONAL SERVICES Salary 7 Latent Fingerprint Examiner ll’s $489,365 Holiday/Overtime Pay 7 Latent Fingerprint Examiner II’s $32,000 Total Expected Personal Services Expenditure: (Salary Source: San Jose Police Department Fiscal Unit) NON-PERSONAL SERVICES Fax Maintenance $800 Suppiies& Film $7,000 Training $7,000 Professional dues & certifications $595 Total Expected Non-Personal Expenditure: TOTAL FY 2000-01 BUDGET: $521,365 $15,395 $536,760 CAL-ID RESERVE BALANCE (As of 6/30/99) EXPENDITURES Local Input Terminal (LIT)--Y2K Replacement (Installation: July 2000 - One year warranty) More Hits ESTIMATED REMAINING RESERVE: $490,235.22 $107,708.75 $90,000.00 $292,526.47 CALolD OPERATIONS EXHIBIT A 2/28/00 EXPLANATION OF PROJECTED EXPENDITURES FY 2000-01 PERSONAL SERVICES Salary Calculations Seven Latent Fingerprint Examiner II’s Includes: 3.25% Salary Increase 7/1/00 Nightshirt Differential for 4 employees ($1.40ihr X 2080 hr X 4) Holiday/Overtime Pay (calculated @ top step, 110 hours per employee) Latent Fingerprint Examiner II: $27.65 X 1.5=$41.48 X 770 hours Total Personal: NON-PERSONAL SERVICES $489,365 $32,000 $521,365 Differences from !ast year’s budget projection: LF[" Maintenance: decrease from $15,078 to $0 Fax Maintenance: no change @ Supplies and film: no change @ Training: no change @ Professional dues & certifications: no change @ Total Non-Personal: Total $0 $800 $7,00O $7,000 $595 $15,395 $536,760 CAL-ID OPERATIONS EXHIBIT A 2/28/00