CC Resolution No. 9288
RESOLUTION NO. 9288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF SIXTH
AMENDMENT TO AGREEMENT TO PROVIDE LOCAL LAW
ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA
IDENTIFICATION SYSTEM
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"; and
WHEREAS, five previous amendments to the agreement have been approved; and
WHEREAS, there has been presented to the City Council a proposed agreement
between Santa Clara County, the City of Campbell, the City of Cupertino, the City of
Gilroy, the City of Los Altos, the Town of Los Altos Hills, the Town of Los Gatos, the
City of Milpitas, the City of Monte Sereno, the City of Morgan Hill, the City of Mountain
View, the City of Palo Alto, the City of San Jose, the City of Santa Clara, the City of
Saratoga, and the City of Sunnyvale modifying the agreement's terms with respect to the
financial contributions which the county and the Incorporated Cities will each make to
the City of San Jose in order to implement and operate the Local ID System and to extend
the term of the amended agreement for another year; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino,
RESOLUTION NO, 9288
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ~ day of February, 1995 by the following vote:
YQ1!:
Members cl~ ~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Koppel, Sorensen, Dean
None
None
None
ATTEST:
APPROVED:
/s/ Kim Marie Smith
City Clerk
resolutilres9288.doc
/s/ Wally Dean
Mayor, City of Cupertino
JRG:CBM:ED
5/11/94
SIXTH AMENDMENT TO AGREEMENT TO
PROVIDE LOCAL LAW ENFORCEMENT
AGENCY ACCESS TO THE CALIFORNIA
IDENTIFICATION SYSTEM
THIS SIXTH AMENDMENT is made and entered into this day of
,1994, by and between the COUNTY OF SANTA CLARA, a county of
the State of California (hereinafter "County"), the CITY OF CAMPBELL, a municipal
corporation, the CITY OF CUPERTINO, a municipal corporation, 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 SAN JOSE, a municipal
corporation, the CITY OF SANTA CLARA, a municipal corporation, the CITY OF
SARATOGA, a municipal corporation, and the CITY OF SUNNYVALE, a municipal
corporation (hereinafter collectively referred to as "Incorporated Cities").
RECITALS
WHEREAS, on April 26, 1988, the County and the Incorporated Cities entered
into an agreement entitled" Agreement to Provide Local Law Enforcement Agency
Access to the California Identification System" ("AGREEMENr); and
WHEREAS, on or about July 1, 1989, the County and the Incorporated Cities
entered into a First Amendment to extend and modify the terms of the AGREEMENT;
and
WHEREAS, on or about July 1, 1990, the County and the Incorporated Cities
entered into a Second Amendment to extend and modify the terms of the amended
AGREEMENT; and
3459-1
. 1
JRG:CBM:ED
5/11/94
WHEREAS, on or about July 1, 1991, the County and the Incorporated Cities
entered into a Third Amendment to extend and modify the terms of the amended '
AGREEMENT; and
WHEREAS, on or about July 1, 1992, the County and the Incorporated Cities
entered into a Fourth Amendment to extend and modify the terms of the amended
AGREEMENT; and
WHEREAS, on or about July 1, 1993, the County and the Incorporated Cities
entered into a Fifth Amendment to extend and modify the terms of the amended
AGREEMENT; and
WHEREAS, the County and the Incorporated Cities desire to continue the
amended AGREEMENT and to modify its terms with respect to the financial
contributions which the County and the Incorporated Cities will each make to the City of
San Jose in order to implement and operate the LocallD System and to extend the
term of the amended AGREEMENT for another year, and
WHEREAS, in order to clarify the authority and powers of the Local Policy
Board, the County and Incorporated Cities agree that the Local Policy Board has the
authority and power to: determine placement of local RAN equipment within the
County; coordinate acceptance, delivery, and installation of local RAN equipment;
develop any procedures necessary to regulate the ongoing use and maintenance of
local RAN equipment; and determine placement of staff funded by the LocallD system;
and
WHEREAS, the Local Policy Board has determined that the Local RAN
equipment shall be located at the City of San Jose's Police Administration Building and
at such other locations as the Local RAN Board shall from time to time determine;
NOW, THEREFORE, in consideration of mutual promises and benefits, the
County and Incorporated Cities agree that the amended AGREEMENT be further
amended as follows:
34$-1
2
JRG:CBM:ED
5/11/94
SECTION 1. Section 3 of the AGREEMENT, entitled "TERM" is amended in full to read
as follows:
"The term of this AGREEMENT shall commence upon the date of
execution of this AGREEMENT by all parties and shall terminate on June
30, 1995, unless terminated earlier as provided herein. It is anticipated
that the parties will renew this AGREEMENT beyond June 30, 1995, by
an express written amendment."
SECTION 2. Section 4 of the AGREEMENT, entitled "LOCAL POLICY BOARD" is
amended in full to read as follows:
"Pursuant to California Penal Code Section 11112.4, the Local Policy
Board shall:
a) Establish policies and procedures necessary to implement the
purposes of this AGREEMENT;
b) Establish a budget and approve expenditures consistent with the
terms of this AGREEMENT;
c) Determine the placement of the local RAN equipment within the
County;
d) Coordinate acceptance, delivery, and installation of the local RAN
equipment;
e) Develop any procedures necessary 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
f) Determine the placement of personnel funded by the LocallD system."
SECTION 3. Section 9 of the AGREEMENT, entitled "HIRING OF NEW EMPLOYEES"
is amended in full to read as follows:
"The operation of the LocallD System requires the filling of seven (7)
positions by the City of San Jose. The City of San Jose will hire persons
to fill seven (7) full-time positions as Latent Fingerprint Examiners.
The persons hired by the City of San Jose pursuant to this Section will be
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 the persons hired
pursuant to this Section shall be paid for out of the LocallD System funds
contributed by the parties pursuant to Section 6 of this AGREEMENT at
the time these costs are due and payable."
3459-1
3
JRG:CBM:ED
5/11/94
SECTION 4. Section 11 of the AGREEMENT, entitled "ADMINISTRATION" is amended
in full to read as follows:
"Pursuant to Section 11112.4 of the California State Penal Code, the
Local Policy Board is empowered to develop procedures necessary to
regulate the ongoing use and maintenance of the local RAN equipment,
and to determine placement of personnel funded by the LocallD System,
in accordance with policy guidelines and procedures adopted by the
California State Department of Justice, The City of San Jose agrees to
be the general administering agency for the Local ID System. The City of
San Jose shall provide fiscal management of the System fund and
expenditures, including, but not limited to: 1) establishing the interest-
bearing account prescribed by Subsection 6f, into which shall be
deposited all moneys received under this AGREEMENT and from which
shall be deposited all moneys received under this AGREEMENT and from
which shall be paid all costs and expenses incurred under this
AGREEMENT; 2) billing each party for that party's share of the costs
under this AGREEMENT; 3) providing each of the parties and the Local
Policy Board with periodic reports and an annual financial report at the
end of each fiscal year; and 4) payment of all Local Policy Board
expenses."
SECTION 5. As required under Section 6.c.3. of the AGREEMENT, a list setting out
the operating budget for fiscal year 1994-95 and reflecting the finl\lncial contributions of
each party to the AGREEMENT for fiscal year 1994-95 operating costs of the LocallD
System is attached and incorporated into this Sixth Amendment as Exhibit A.
SECTION 6. This Sixth Amendment may be executed in one or more counterparts
each of which shall be an original, but all of which together shall constitute one and the
same document.
3459-1
4
JRG:CBM:ED
5/11/94
SECTION 7. All other terms and conditions of the amended AGREEMENT shall remain
in full force and effect.
WITNESS THE EXECUTION HEREOF, the day and year first written above.
APPROVED AS TO FORM: CITY OF CAMPBELL
By Dated:
City Attorney
APPROVED AS TO FORM: CITY OF CUPERTINO
By Dated:
City Attorney
APPROVED AS TO FORM: CITY OF GILROY
By
Dated:
City Attorney
APPROVED AS TO FORM:
CITY OF LOS ALTOS
By
Dated:
City Attorney
APPROVED AS TO FORM:
TOWN OF LOS ALTOS HILLS
By
Dated:
Town Attorney
APPROVED AS TO FORM:
TOWN OF LOS GATOS
By
Dated:
Town Attorney
3459-1
5
JRG:CBM:ED
5/11/94
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
3459-1
CITY OF MILPITAS
By
CITY OF MONTE SERENO
By
CITY OF MORGAN HILL
By
CITY OF MOUNTAIN VIEW
By
CITY OF PALO ALTO
By
CITY OF SAN JOSE
By
CITY OF SANTA CLARA
By
6
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
JRG:CBM:ED
5/11/94
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
County Counsel
3459-1
CITY OF SARATOGA
By
CITY OF SUNNYVALE
By
COUNTY OF SANTA CLARA
By
7
Dated:
Dated:
Dated:
I' ~
. '..
,
..... .
SANTA CLARA COUNTY CAL-ID
PROJECTED BUDGET
FISCAL YEAR 1994-95
PERSONNEL
$398,897
Seven fingerprint examiners
NON-PERSONAL
AREA TOTAL:
$ 0
3,650
2,340
4,000
3,000
1,200
$24,190
$ 0
Live Scan Maintenance
-($20,000 paid thru '98-'99)
LIT Maintenance
Fax Maintenance (3@$780)
Polaroid Film
Supplies
56 KB Phone line rental
EQUIPMENT
TOTAL FY 1994-95 BUDGET:
$423,087
.- --
94budget
''to
. 'a. ."
,
SANTA CLARA COUNTY CAL-ID .
ALLOCATION OF OPERATING COSTS
FISCAL YEAR 1994-95
1-1-93 '94-'95
POPULATION "IoSHARE $SHARE
CAMPBELL 37,100 5.0015 $21,161
CUPERTINO 41,850 5.6419 $23,870'
GILROY 32,700 4.4084 $18,651
LOS ALTOS 27,050 3.6467 $15,~29
LOS ALTOS HILLS 7,675 1.0346 $ 4,377
LOS GATOS 28,200 3.8017 $16,084
MILPITAS 56,700 7.6439 $32,340
MONTE SERENO 3,290 ' .4435 $ 1,876
MORGAN HILL 25,700 3.4647 $14,658
MOUNTAIN VIEW 70,000 9.4369 $39,927
PALO ALTO 57,300 7.7248 $32,683
SANTA CLARA 96,400 12.9960 $54,985
- --
SARATOGA 28,400 ' 3.8287 $16,199
SUNNYVALE 122,100 16.4607 $69,645
SANTA CLARA CO. 107 300 14 4654 $61202
TOTAL: 741,765 100"10 $423,087 O4CCS'IS.WPS