Resolution 2010-10
RESOLUTION NO. 2010 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A MEMORANDUM
OF UNDERSTANDING FOR DATA SHARING BETWEEN THE GILROY POLICE
DEPARTMENT AND LAW ENFORCEMENT AGENCIES WITHIN THE
SOUTHBAY INFORMATION SHARING SYSTEM (SBISS) - SOUTH BAY REGION
NODE
WHEREAS, Santa Clara County law enforcement agencies desire to participate in a
regional criminal information sharing consortium known as the South Bay Information
Sharing System (SBISS) SOUTH BAY REGION NODE; and
WHEREAS, the expeditious sharing of criminal information will improve member
agency's investigative ability; and
WHEREAS, the Gilroy Police Department will maintain ownership of its' respective
criminal justice records while making certain information is available to other consortium
members pursuant to the guidelines ofa SBISS Memorandum of Understanding; and
WHEREAS, the SBISS region-wide sharing of information will use a common
software system known as COPLINK to connect county and city law enforcement agencies
located within the counties of Santa Clara, Santa Cruz, San Benito, and Monterey; and
WHEREAS, the CopLink software sharing system is recognized by the State of
California, the San Francisco Bay Area Urban Area Security Initiative (VASI), and the SBISS
as a sole source vendor that is uniquely qualified to establish connectivity between justice
agencies in the South Bay node, the Regional Terrorism Threat Centers, and other justice
agencies throughout the state; and
WHEREAS, the San Francisco Bay Area UASI has authorized Homeland Security
Grant funds be allocated to pay for creating the COPLINK system and initial (3) years of cost
related to maintenance of hardware and software; and
RESOLUTION NO. 2010 -10
WHEREAS, the SBISS member agencies agree to pay pro-rated costs related to this
project as stipulated for each member agency listed in the SBISS Memorandum of
Understanding.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF GILROY DOES:
Adopt the resolution authorizing the City Administrator to execute the attached Memorandum
of Understanding allowing the Gilroy Police Department to become a member of the SBISS
South Bay Region Node and other nodes as outlined in the MOU.
PASSED AND ADOPTED this 15th day of March, 2010 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
',' /;:/~-
RESOLUTION NO. 2010 -10
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-10 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 15th day of March, 2010, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 17th day of March, 2010.
S wna Freels, C
City Clerk of the City of Gilroy
(Seal)
Memorandum of Understanding
South Bay Information Sharing System (SBISS)
SOUTH BAY REGION NODE
This Memorandum of Understanding ("MOU") is made and entered into on this J C:,-tf
day of -vvlo.V'~ 2010 by and between the parties below and all future signers of
this Agreement, known collectively as "Member Agencies" or individually as a "Member
Agency."
The following Member Agencies hereby create the South Bay Information Sharing
System (SBISS) SOUTH BAY REGION NODE (Node): The following agencies are
collectively known as the "Original Member Agencies."
Santa Clara County:
· Campbell Police Department
· Gilroy Police Department
· Los Altos Police Department
· Los Gatos-Monte Sereno Police
Department
· Milpitas Police Department
· Morgan Hill Police Department
Santa Cruz County:
· Capitola Police Department
· Santa Cruz Police Department
Monterey County:
· Carmel Police Department
· Del Rey Oaks Police Department
· Gonzales Police Department
· Greenfield Police Department
· King City Police Department
· Marina Police Department
· Monterey Police Department
San Benito Clara County:
· Hollister Police Department
· Mountain View Police Department
· Palo Alto Police Department
· San Jose Police Department
· Santa Clara County Sheriff's Office
· Santa Clara Police Department
· Sunnyvale Department of Public
Safety
· Santa Cruz County Sheriff's Office
· Watsonville Police Department
· Monterey County Sheriff's Office
· Pacific Grove Police Department
· Salinas Police Department
· Sand City Police Department
· Seaside Police Department
· Soledad Police Department
· San Benito County Sheriff's
Office
SBISS South Bay Region Node MOU Agreement Updated: I/19/2010
Page 1 of 29
Purpose
This regional law enforcement information-sharing system shall be known as the SBISS
South Bay Region Node. The purpose of this agreement is to create the South Bay
Region Node, to outline the duties and responsibilities of each Member Agency, to
define the working relationships and lines of authority for Member Agencies in the
SBISS South Bay Region Node, and to provide for the addition of other eligible entities
in the data-sharing program created by this MOU. Member Agencies shall work
cooperatively to establish an integrated system of information technology that
maximizes the sharing of data and communication between the Member Agencies while
maintaining the confidentiality of privileged or otherwise protected information shared
through the system. The Member Agencies shall work cooperatively in a variety of
ways to facilitate sharing data in an effort to improve the information sharing efforts of
their respective Agency and Node.
Santa Clara County Police Chiefs and Sheriff, through a grant from the Office of
Homeland Security, have identified the Cities, Counties, and other Agencies within
Santa Clara, Santa Cruz, Monterey, and San Benito Counties, including any
departments or divisions of such agencies, that should enter into an agreement to share
data among such agencies.
THEREFORE, the Member Agencies hereby agree to the following:
1 Definitions:
1.1 South Bay Information Sharing System: "SBISS" shall mean the
collective group of law enforcement and justice agencies, within Santa
Clara, Santa Cruz, Monterey, and San Benito Counties who are
signatories on a regional law enforcement information-sharing
agreement.
1.2 South Bay Region Node: "Node" shall mean the collective informational
infrastructure of the data warehouse operated for the benefit of the
Member Agencies, within the central region of SBISS bound by the
terms of this Agreement.
1.3 South Bay Region Node Board of Directors: "Board" shall mean the
Board of Directors which is the governing body of the South Bay
Information Sharing System.
1.4 COPLlNK: shall mean the information sharing and analysis software
licensed to the Fiscal Agent on behalf of Member Agencies by
Knowledge Computing Corporation (KCC) under the name COPLlNK.
1.5 Criminal Justice Practitioners: those personnel from the Member
Agencies that have the appropriate clearance and authority to utilize and
SBISS South Bay Region Node MOU Agreement Updated: I/19/2010
Page 2 of29
access the Data as a function of their employment, or those agencies
that have been approved for read only participation by a majority vote of
the Board Members.
1.6 Data: shall mean facts, detailed information, or other material provided
by a Member Agency.
1.7 Data Set is a specific grouping of data included in systems like records
management or jail management systems. For example, typical data
sets within a records management system include, but are not limited to,
Crime Reports, Field Investigations, Citations, Mug shots, and Arrest
Reports.
1.8 Data Records refers to a unique record associated with an incident or
person. For example, this refers to a single report that includes a variety
of data.
1.9 Fiscal Agent: shall mean the Santa Clara County Office of the Sheriff as
approved and directed by the Urban Areas Security Initiative (UASI) to
handle and account for funds collected for the benefit of all Member
Agencies.
1.10 Host: shall mean the Santa Clara County Office of the Sheriff as the
entity providing the facilities used to host the Node as determined by the
Urban Areas Security Initiative (UASI).
1 .11 Knowledge Computing Corporation: "KCC" shall mean a corporation with
its principal place of business at 7750 East Broadway, Suite 1 00,
Tucson, Arizona 85710, and the owner and developer of the software
known as COPLlNK.
2 Effective Date and Term of MOU
2.1 Effective Date: The effective date of this MOU is the date noted above
and/or the date each subsequent agency executes this Agreement.
2.2 Term: This MOU shall remain in effect and shall be reviewed and
renewed every three years. It can only be terminated as provided
herein.
3 Board of Directors
3.1 The South Bav Reqion Node Board of Directors: shall be comprised of
eleven (11) Directors and their respective alternates. Alternates shall
SBISS South Bay Region Node MOU Agreement Updated: I/19/2010
Page 3 of29
serve as Directors in the absence of their respective Directors and shall
exercise all rights and privileges thereof.
3.1.1 Directors are as follows:
3.1.1.1
3.1.1.2
3.1.1.3
3.1.1.4
3.1.1.5
3.1.1.6
3.1.1.7
3.1.1.8
3.1.1.9
3.1.1.10
3.1.1.11
One Director shall be the Santa Clara County Sheriff.
One Director shall be the Chief of the San Jose Police
Department.
One Director shall be appointed by the Santa Clara
County Police Chief's Association from its membership.
One Director shall be the Santa Cruz County Sheriff.
One Director shall be the Chief of the Santa Cruz Police
Department.
One Director shall be appointed by the Santa Cruz
County Police Chief's Association from its membership.
One Director shall be the Monterey County Sheriff.
One Director shall be the Chief of the Salinas Police
Department.
One Director shall be appointed by the Monterey
County Police Chief's Association from its membership.
One Director shall be the San Benito County Sheriff.
One Director shall be the Chief of the Hollister Police
Department.
3.1.2 Each member of the Board shall have one vote. A majority of
the members of the entire Board shall constitute a quorum for
the transaction of business. Except where a supermajority is
required by statute, this MOU or a resolution of the Board,
actions by the Board shall require the affirmative vote of a
majority of the entire Board (i.e. six (6) affirmative votes).
3.1.3 Every year the Board shall elect a Chair from among its
membership to preside at meetings and shall select a Secretary
who may, but need not, be one of the eleven Directors.
3.1.4 The Board shall establish and adopt bylaws and a governance
process and will set policy for the use of the SBISS South Bay
Region Node.
3.1.5 Meetinqs: The Board shall hold at least two regular meetings
each year and may schedule additional or special meetings as
necessary .
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4 Committee and Working Groups
4.1 South Bay Reqion Node Technoloqy Committee: The Board of Directors
may appoint a representative from each Member Agency to serve on the
Technology Committee. The Technology Committee Members will serve
at the sole discretion of the Board of Directors. The Technology
Committee will develop policies relating to data set information sharing.
The Technology Committee will meet at least once per year to address
system operations, upgrades, enhancements and any other matters of
concern to Member Agencies.
4.2 South Bay Reqion Node Workinq Groups: The Board is empowered to
create, dissolve, or reconstitute working groups, appoint representatives,
and perform other actions as deemed necessary to fulfill the purposes
stated herein, including the creation of such groups as an
implementation, sustainment or other groups necessary to further law
enforcement information sharing efforts.
5 Data Access and Security Requirements
5.1 Data Access: Access to Member Agencies' Data will be provided
utilizing a secure network maintained by the Host Node. The Santa
Clara County Sheriffs Office will be responsible for the maintenance and
care of the secure network. Query capabilities shall be provided to
Member Agencies and Authorized Users utilizing any secure network
configuration that is acceptable to the Host Node. The information
residing in the Data Repositories shall generally be available. Member
Agencies agree to inform other Member Agencies in advance, whenever
possible, of scheduled down times of specific data feeds. All Member
Agencies will be required to sign the Coplink System Use Agreement
and this Memorandum of Understanding prior to gaining access.
5.2 Data Sharinq: All Member Agencies agree to share data with other
Member Agencies who have a need to know and a right to know, with
comprehensive, timely, accurate information about a suspect or offender
to include, but not limited to, identity, prior agency contacts, citations,
arrests, investigations, criminal history, and current justice status. Each
agency will be required to have each employee sign an Employee
Statement form agreeing not to misuse the information contained in
Coplink. Each agency will have the prerogative of not sharing those
items of data that it deems sensitive or confidential. Nothing in this MOU
shall be construed to mean that any Member Agency must share any
type of data. The South Bay Region Node Technology Committee will
develop a Guideline Document that will make a recommendation for the
SBISS South Bay Region Node MOU Agreement Updated: 1//9/2010
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type of data to be shared by each agency. This document will be a
guideline only and will not be binding. The data to be shared, will be the
data that the Member Agency already has in its own database and no
agency will be required to collect any data that it does not collect in the
normal course of business.
The South Bay Region Node Technology Committee will set the criteria
for the minimum number of data sets (i.e. Crime Reports, Citations, Field
Investigations, Mugs, Arrests Reports, etc.) that member agencies must
provide to be a member agency. In addition, the Technology Committee
will adopt guidelines for agencies to withhold or suppress certain
documents based on specific criteria. Based on these guidelines, each
Member Agency shall determine, in the exercise of its sole discretion,
which data records are shared within the system and shall maintain the
databases to share the information that has been agreed upon in
advance. Each Agency shall strive to identify and achieve common
interests to enhance public safety and due process while maintaining
individual privacy rights.
5.3 Security Requirements: Member Agencies agree to maintain and
enforce security requirements for the system. Each Member Agency is
responsible for the internal agency security of their records and any
technical support necessary to insure proper security. Member Agencies
agree to confirm that their network meets current DOJ security
requirements as set forth in the most current Policies, Practices and
Procedures Document provided by the Department of Justice, and that
it will continue to meet those standards.
5.3.1 Liabilitv and Indemnification: Each Member Agency takes legal and
financial responsibility for the actions of their employees, officers,
agents, representatives and volunteers. Member Agencies agree to
indemnify, defend and hold harmless other Member Agencies to
the fullest extent permitted by law from and against any and all
demands, claims, actions, liabilities, losses, damages, and costs,
including reasonable attorney's fees arising out of or resulting from
this MOU, and that each agency shall bear the proportionate cost of
any damage attributable to the fault of that agency, its governing
body, officers, agents, employees and volunteers. It is the intention
of the Member Agencies that, where fault is determined to have
been contributory, principles of comparative fault will be followed.
5.3.2 Backoround and FinQerorint Requirements: All persons including
non-criminal justice and volunteer ,personnel who have access to
the SBISS South Bay Region Node are required to undergo
background and fingerprint check. Each Agency will determine,
based on their internal policies and the CLETS Policies, Practices,
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
Page 60f29
and Procedures, when SBISS access will not be granted to an
employee. The final responsibility for maintaining the security and
confidentiality of SBISS information rests with the Member Agency
head or administrator.
5.3.3 User Access: Each employee/volunteer is required to sign an
employee statement form prior to operating or having SBISS
access. Each employee/volunteer shall sign an employee
statement on a biennial basis. Additional requirements may be
required at the discretion of an agency. A sample form is attached
hereto as Exhibit C.
When a person with access to SBISS is no longer employed or no
longer accessing SBISS on behalf of the Member Agency, the
Agency is responsible for removing all related passwords and
security authorizations from the system.
No person with access to SBISS shall release any information or
records located in SBISS without express permission of the Original
Agency who provided the data. No person with access to SBISS
shall release any information contained in SBISS either by Court
Order or in response to a Public Records Act request unless they
are the originating agency of such data. All requests of this nature
should be referred back to the originating agency.
5.3.4 Insurance: Each Member Agency, at its sole cost and expense,
shall carry insurance -or self-insure - its activities in connection with
this MOU, and obtain, keep in force and maintain, insurance or
equivalent programs of self-insurance, for general liability, workers
compensation, and business automobile liability adequate to cover
its potential liabilities hereunder. Each Member Agency shall carry
a minimum of one million dollars in general liability insurance.
5.4 Connectinq with other COPLlNK Nodes: The Board will continually work
to expand the connectivity of the SBISS South Bay Region Node and will
actively pursue opportunities to sign MOU agreements with other
COPLlNK nodes under the guidelines outlined in this agreement.
5.5 SBISS Node Cooperation: Participating agencies understand that the
South Bay Region Node Board of Directors will sign MOU agreements
with other Coplink nodes for the purpose of expanding the Coplink
network.
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6 Information Ownership, Release and Accuracy
6.1 Ownership and Release Constraints: Member Agencies shall retain
control of and remain the official custodian of all information they
contribute to the South Bay Region Node. All requests for information,
California Public Records Act or Freedom of Information Act, will be
referred to the Member Agency that is the owner of the requested data,
and the Member Agency that is the owner of the requested data will be
responsible for responding to the request for information.
6.2 Information Utilization: Any Data present in the COPLlNK system is the
proprietary information of the Member Agency contributing that Data.
Each Member Agency has an affirmative obligation to assure that any
"criminal intelligence data that is entered and used through the
COPLlNK intel L.E.A.D product complies with 28 CFR Part 23. Member
Agencies and Authorized Users may use the Data for Law Enforcement
purposes only. The Member Agency responsible for contributing the
Data shall have sole discretion regarding release of that information.
6.3 Information Accuracv: Member Agencies and Authorized Users
acknowledge that Data maintained in the South Bay Region Node
consists of information that mayor may not be accurate. Each Member
Agency agrees to do an internal audit of their own Data annually in order
to review the Data for accuracy. A random sampling of different types of
Data shall be selected by each agency to review and compare their
Records System Data with the same data in the Coplink system. Each
Member Agency agrees to maintain a copy of their internal audit form for
a period of no less than three years for review by the Board of Directors
on request. A sample form is attached hereto as Exhibit C and can be
used to help facilitate this audit.
6.4 Audit Trail: An Audit Trail will be maintained for a period of no less than
three years to determine who has accessed the data including the date
and time when the data was accessed.
6.5 Data Errors: It will be the responsibility of the Member Agency to correct
data errors that have been identified at that Member's sole cost within a
reasonable time, but no later than ninety-days (90) from the date of
notification.
7 Funding, Costs, Personnel and Financial Considerations
7.1 Node Costs: Costs for the creation, initial three (3) years of
maintenance and the expansion of the Node shall be paid for as set forth
in the SBISS South Bay Region Node Share of Cost Agreement
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
Page 8 of29
attached hereto as Exhibit A and may be amended from time to time
and is incorporated herein by reference.
7.2 Payment Administration: The Fiscal Agent shall administer payments to
vendors and invoice Member Agencies for their share of cost.
7.3 Financial Responsibilitv: Initially, the hardware and software required at
each Node will be paid for with Grant funding. If any agency elects to
join after the initial start-up of the Node, that new Member Agency is
responsible for the expense of acquiring and maintaining the hardware,
software, and data communication equipment and services needed by
their Agency to connect to the Node. It is understood that as the system
ages, there may be certain upgrades or maintenance required on the
hardware at each of the Member Agencies. These upgrades or required
maintenance will be the sole responsibility of the Member Agency.
Nothing included in this MOU requires any Agency to fund the activities
of any other Member Agency. Future upgrades to the Servers and Core
Infrastructure of the System will be shared between Member Agencies
as indicated in the SBISS South Bay Region Node Share of Cost
Agreement. In the event that hardware or software upgrades are
required to facilitate the proper functioning of the system, the Board of
Directors will notify the Member Agency in writing at least ninety (90)
days in advance of the funding requirement.
7.4 Grant Fundinq: Grant funding provided by the Urban Area Security
Initiative, Homeland Security Grant Program, Federal Emergency
Management Agency, U.S. Department of Homeland Security will be
used to offset the start-up costs for the Node. The primary use of these
funds will focus on infrastructure and paying for data integration fees for
the Original Member Agencies. The Fiscal Agent will manage all
aspects of payment and reporting for grant funding.
7.5 Future Grant Fundinq: Member Agencies that apply individually for grant
funding for this system should notify the South Bay Region Node Board
of Directors to avoid duplicative efforts and requests for funding. Any
grant funding which may result from such applications will be considered
to be outside of this MOU. The Member Agencies may choose to apply
jointly for grant funding and upon the written agreement of the Member
Agencies; such monies shall fall under the jurisdiction of this MOU.
7.6 Member Aqencv Emplovees: Employees of a Member Agency working
for the benefit of the Node remain the employees of that Member
Agency.
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
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8 Amendments
8.1 Addition of new Member Aoencies: If additional agencies choose to
become Member Agencies after this MOU is executed, this Agreement
shall be amended to include those agencies as signatories.
8.2 This MOU may be modified by presentation of the proposed changes
and an affirmative majority vote of the Board.
8.3 All approved amendments must be in writinQ and approved bv the
Board.
9 Termination
9.1 MOU Termination: This MOU may be terminated by mutual agreement
of all Member Agencies.
9.2 Member Aoencv Termination: Any Member Agency may terminate its
participation in this MOU with or without cause upon sixty-days (60) prior
written notice to the Board, unless such termination is prohibited by a
grant condition or unless the Member Agency is a Host Node. If the
Member Agency wishes to remove Data from the Node after terminating
its participation, that Member Agency will be responsible for any costs
associated with removing their Data from the Node.
Other Termination: The Board may exercise its authority to terminate the
relationships established under this MOU if the majority members of the Board
determine that a Member Agency is not complying with the terms and conditions
of this MOU, the Cost Sharing Agreement (Exhibit A); and/or the System Use
Policy (Exhibit B).
10 Miscellaneous
10.1 This MOU is intended to provide for a strategic plan to promote data
sharing and should be amended as necessary to accomplish the goal of
fully integrating the Member Agencies, future agencies and potential
future data sources.
The parties hereto execute this MOU as of the Effective Date.
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Santa Clara County Agencies:
City of Campbell
Daniel Rich
City Manager
City of Campbell
Date
Greg Finch
Chief of Police
City of Campbell
Date
c~
(
Thomas J. Haglund
City Manager
City of Gilroy
31[{g/lb
Date
~\)(~~
enise J. Tur r
Chief of Police
City of Gilroy
~ro ('Lo1 I)
Date
City of Los Altos
Douglas J. Schmitz
City Manager
City of Los Altos
Date
Tuck Younis
Police Chief
City of Los Altos
Date
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T own of Los Gatos
Greg Larson
Town Manager
Town of Los Gatos
Date
Scott Seaman
Police Chief
Town of Los Gatos
Date
City of Milpitas
Thomas C. Williams
City Manager
City of Milpitas
Date
Dennis Graham
Police Chief
City of Milpitas
Date
City of Moraan Hill
J. Edward Tewes
City Manager
City of Morgan Hill
Date
Bruce C. Cumming
Police Chief
City of Morgan Hill
Date
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City of Mountain View
Kevin C. Duggan
City Manager
City of Mountain View
Date
Scott S.G. Vermeer
Police Chief
City of Mountain View
Date
City of Palo Alto
Jim Keene
City Manager
City of Palo Alto
Date
Dennis Burns
Police Chief
City of Palo Alto
Date
City of San Jose
Debra Figone
City Manager
City of San Jose
Date
Rob Davis
Police Chief
City of San Jose
Date
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City of Santa Clara
Jennifer Sparacino
City Manager
City of Santa Clara
Date
Stephen D. Lodge
Police Chief
City of Santa Clara
Date
County of Santa Clara
Jeffrey Smith M.D.
County Executive
County of Santa Clara
Date
Laurie Smith
Sheriff
County of Santa Clara
Date
City of Sunnvvale
Gary Luebbers
City Manager
City of Sunnyvale
Date
Don Johnson
Director of Public Safety
City of Sunnyvale
Date
SBlSS South Bay Region Node MOU Agreement Updated: 1/19/2010
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Santa Cruz County Agencies:
City of Capitola
Richard Hill
City Manager
City of Capitola
Richard Ehle, Jr
Chief of Police
City of Capitola
City of Santa Cruz
Richard C. Wilson
City Manager
City of Santa Cruz
Howard Skerry
Chief of Police
City of Santa Cruz
County of Santa Cruz
Susan A. Mauriello
County Administrative Officer
County of Santa Cruz
Phil Wowak
Sheriff-Coroner
County of Santa Cruz
Date
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOU Agreement Updated: 1//9/2010
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City of Watsonville
Carlos Palacios
City Manager
City of Watsonville
Date
Terry Medina
Police Chief
City of Watsonville
Date
Monterey County Agencies:
City of Carmel
Rich Guillen
City Administrator
City of Carmel
Date
George Rawson
Public Safety Director
City of Carmel
Date
City of Del Rey Oaks
Daniel Dawson
City Manager
City of Del Rey Oaks
Date
Ronald J. Langford
Chief of Police
City of Del Rey Oaks
Date
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City of Gonzales
Rene Mendez
City Manager
City of Gonzales
Date
Paul D. Miller
Police Chief
City of Gonzales
Date
City of Greenfield
Roger Wong
City Manager
City of Greenfield
Date
Joseph Grebmeier
Police Chief
City of Greenfield
Date
City of Kina City
Michael Powers
City Manager
City of King City
Date
Nick Baldiviez
Police Chief
City of King City
Date
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City of Marina
Anthony J. Altfeld
City Manager
City of Marina
Date
Edmundo Rodriquez
Chief of Police
City of Marina
Date
City of Monterey
Fred Meurer
City Manager
City of Monterey
Date
Timothy Shelby
Chief of Police
City of Monterey
Date
City of Pacific Grove
Thomas Frutchet
City Manager
City of Pacific Grove
Date
Darius E. Engles
Police Chief
City of Pacific Grove
Date
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Page 180[29
City of Salinas
Artie Fields
City Manager
City of Salinas
Date
Louis Fetherolf
Police Chief
City of Salinas
Date
City of Sand City
Steve Matarazzo
City Administrator
City of Sand City
Date
Michael Klein
Police Chief
City of Sand City
Date
City of Seaside
Ray Corpuz
City Manager
City of Seaside
Date
Stephen Cercone
Police Chief
City of Seaside
Date
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County of Monterey
Lew C. Bauman
County Administrative Officer
County of Monterey
Mike Kanalakis
Sheriff
County of Monterey
City of Soledad
Adela P. Gonzalez
City Manager
City of Soledad
Richard Cox
Chief of Police
City of Soledad
Date
Date
Date
Date
California State University. Monterey Bay
James Main Date
VP Administration and Finance
California State University, Monterey Bay
Fred Hardee Date
Chief of Police
California State University, Monterey Bay
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San Benito County Agencies:
City of Hollister
Clint Quilter
City Manager
City of Hollisters
Date
Jeff Miller
Police Chief
City of Hollister
Date
County of San Benito
Date
Susan Thompson
County Administrative Officer
County of San Benito
Curtis J. Hill
Sheriff-Coroner
County of San Benito
Date
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Page 21 of29
EXHIBIT A
SHARE OF COST AGREEMENT
South Bay Information Sharing System (SBISS)
SOUTH BAY REGION NODE
Purpose and Background
The Santa Clara County Sheriffs Office and Member Agencies agree to the terms and
conditions set forth in the South Bay Information Sharing System (SBISS). SBISS is
overseen by the South Bay Information Sharing System Board of Directors. Agencies
enter into this cost sharing agreement to participate in the information-sharing system
known as COPLlNK via the South Bay Region Node. This agreement outlines the
financial working relationship and cost-sharing contract for South Bay Region Node
member agencies.
THEREFORE, the Member Agencies herby agree to the following:
1 Definitions
1.1 South Bay Information Sharing System (SBISS) is the name of the
information sharing system node hosted by the Santa Clara County Office
of the Sheriff.
1.2 South Bay Information Sharing System (SBISS) Board of Directors is
the governing body of the South Bay Information Sharing System.
1.3 Data shall mean electronic facts, detailed information, or other material
provided by a Member Agency.
1.4 Data Repository shall mean the computer equipment used to store,
connect and disseminate COPLlNK information to Member Agencies.
1.5 The Santa Clara County Office of the Sheriff is the fiscal agent for the
South Bay Region Node of SBISS and will handle and account for funds
collected by the Node for the benefit of all Member Agencies.
1.6 South Bay Region Node shall mean the collective signatory law
enforcement and justice agencies, within Santa Clara, Santa Cruz,
Monterey, and San Benito Counties who have agreed to work within the
parameters of this Agreement.
1.7 South Bay Region Node is the collective group of agencies that have
entered into a MOU agreement to participate in the SBISS South Bay
Region Node for law enforcement information-sharing.
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
Page 22 of29
1.8 Member Agency shall mean law enforcement agencies contributing data
to the South Bay Region Node SBISS and allowed access to data of other
member agencies and other COPLlNK nodes.
1.9 Knowledge Computing Corporation (KCC) shall mean a corporation
with its principal place of business at 6601 E. Grant Road, Suite 201,
Tucson, Arizona 85615, and the owner and developer of COPLlNK.
1.10 COPLlNK shall mean the information sharing and analysis software
licensed to the member agencies by KCC under the name COPLlNK.
2 Requirements for Participation
2.1 To participate in the South Bay Region Node, Member Agencies agree to
share costs based on the "member population" computation as described
in Section 4 below. Other cost sharing formulas may be proposed and
considered by the South Bay Region Node Board of Directors when the
MOU is renewed.
2.2 To participate in the South Bay Region Node, Member Agencies agree to
contribute data from their Records Management System (RMS) as defined
by the South Bay Region Node Technology Committee.
3 Financial Oversight and Management
3.1 Node Costs: After the initial Grant Funding is exhausted in 2011, Member
Agencies shall pay a proportional share of software purchase costs,
software maintenance, implementation, network, hardware, and
operational costs, as approved by the South Bay Region Node as
approved by the SBISS Board of Directors.
3.1 Annual Budget Each year the Santa Clara County Office of the Sheriff
shall prepare an annual budget for approval by the Board of Directors that
identifies the expenses each Member Agency will be required to contribute
for the year.
3.2 Annual Report At least once a year the Santa Clara County Office of the
Sheriff shall report to the SBISS Board of Directors on all funds collected
and expended by the South Bay Region Node in support of the COPLlNK
project.
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
Page 23 of29
3.3 Payment Administration The Santa Clara County Office of the Sheriff
shall administer payments to all vendors and invoice Member Agencies for
their share of this cost.
3.4 Financial Responsibility The Santa Clara County Office of the Sheriff will
be responsible for paying for the expenses associated with connecting to
the SBISS Node data repository, which may include acquiring hardware,
software, data communication equipment and/or other required services.
For any expenses incurred before June 30, 2010, the Santa Clara County
Sheriff's Office will use the funds received from the 2008 grant awarded
by the U.S. Department of Homeland Security. After July 1, 2010, the
Member Agencies shall be responsible for paying for those costs related
to maintenance and upgrades to the system. No Member Agency shall
be responsible for funding the activities of any other Member Agency.
4 Payment Schedule
Homeland Security Grant Program: The 2008 grant from the U.S. Department of
Homeland Security will pay for the necessary hardware infrastructure for the South Bay
Region Node, 100% of the data integration costs for each Member Agency, the
enterprise software license fee, and three years of maintenance. The following chart
outlines the initial and ongoing maintenance costs for Member Agencies to participate in
the SBISS Node including those expenses not covered by the grant. These
maintenance costs are subject to review and additional assessment by the SBISS
South Bay Regional Node Board of Directors.
Table 11
Mountain View
71,348
4.04%
$2,965.48
$8,603.32
I Table 1 represents the on-going cost allocations for the initial three year grant period beginning July 1, 20 I 0 to
June 30, 2013.
2 The population is based on the 2008 census data and will provide the basis for the initial cost sharing allocation.
3 Cost allocation Years 2 and 3 represent July 1,2010 to June 30, 2011 and July 1,2011 to June 30, 2012
respectively. The expenses allocated during these periods include but are not limited to the Coplink annual software
and Integration Services Maintenance & Technical Support license fee (based on the number of sworn personnel in
each Member Agency); Host and Resource Annual costs that include network hardware, network connectivity and
the costs associated with a .5 FTE Data Management Staff.
4 Internet Services maintenance and technical support will begin in Year 4- July 1,20 12-June 30, 2013.
SBlSS South Bay Region Node MOU Agreement
Updated: 1/19/2010
Page 24 of29
Sheriff
(Unincorporated plus
Cupertino,
Saratoga,
Los Altos
187,747
10.64%
$114,441.22
. .:.~i$:I~;3Q9.59
$22,658.25
Total Santa Clara
1,764,499
100.02%
$73,417.73
$212,996.09
Santa Cruz
Santa Cruz
Sheriff
Total Santa Cruz
242,009
99.99%
$5,235.33
$2,098,56
$10,068.86
Del
Greenfield
Marina
Pacific Grove
Sand
SBlSS South Bay Region Node MOU Agreement
Updated: 1/19/2010
Page 25 of29
Software
Total- San Benito
Total Software &
Integration Annual
Costs - All Counties
2008 Population
S~tlfCllU'~: County.. .
Santa Cruz County
253,137 (less Scotts
Valley PD @
11
1.164;499
242,009
9.78%
2.15%
SBISS South Bay Region Node MOU Agreement
Updated: 1/19/2010
Page 26 of29
4.1 Agency annual maintenance costs for items not covered by the grant will
begin in FY 10-11 on July 1, 2010 with the full cost allocation applied in
FY12-13 beginning on July 1,2012. Each year the fiscal agent will invoice
each Member Agency for the maintenance costs. The member Agency
shall pay the annual payment within 30 days of receipt. If payment or
payment arrangements have not been agreed to by the payment due date,
services will be terminated.
4.2 Each Member shall pay a share of the Annual Maintenance Costs based
on the principle that Members shall share the systems maintenance costs
based on the system and member population computation or other on-
going cost computation as determined by the South Bay Region Node
Board of Directors.
Member Agency population is based on the 2008 U. S. Census.
Cost allocations for each police department and Sheriff's Office will reflect
the 2008 U. S. Census data with the exception that Los Gatos-Monte
Sereno Police Department will be assessed the combined population
allocations for the City of Los Gatos and the City of Monte Sereno and the
assessment for the Santa Clara County Office of the Sheriff will be the
combined population allocations for the unincorporated Santa Clara
County, the City of Cupertino, the City of Saratoga, and the City of Los
Altos Hills.
4.3 In the event of a violation of the terms and conditions of the Cost Share
Agreement, the Board will be responsible for analyzing any violation of the
Agreement and will determine what action, if any shall be taken against
the Member Agency for said violation.
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
Page 27 of29
EXHIBIT B
SOUTH BAY INFORMATION SHARING SYSTEM
COPLlNK SYSTEM USE AGREEMENT
I. OVERVIEW
a. BackQround: The South Bay Information Sharing System (SBISS) was
established on , 2010 by agencies in Santa Clara, Santa
Cruz, Monterey, and San Benito Counties. The SBISS is a cooperative
venture, created among other reasons, to develop and implement a
Regional justice information sharing system that would allow law
enforcement and justice agencies throughout Santa Clara, Santa Cruz,
Monterey, and San Benito Counties to share information retained in their
case and records management systems ("Information"), as well as in
other relevant data files.
b. Intended Benefits: The SBISS seeks to protect the total community by
efficiently and effectively providing accessible, accurate Information for
the speedy investigation and apprehension of terrorists and other law
violators. Information is shared through a COPLlNK Solution Suite
("COPLlNK"), a computerized system that was installed by, and is
currently maintained by Knowledge Computing Corporation ("KCC" or
"Contractor"), an Arizona Corporation.
c. Purpose of Policv: The purpose of the COPLlNK System Use Agreement
("Agreement") is to outline the terms and conditions under which
participating agencies ("Agency" or "Agencies") will share and use
information in COPLlNK and to detail various indemnifications,
relationships, and obligations among the Agencies and KCC.
d. Aoencv Participation: An Agency can apply to participate by submitting a
proposal to the SBISS Governing Board that outlines the Agency's
intended use of COPLlNK, the type of data the Agency intends to
contribute, and any other information requested by the SBISS. A
majority vote of the full membership of the SBISS Board is required to
approve an Agency's participation in COPLlNK. The Agency must also
sign a copy of this Agreement and accept its conditions. The Agency will
proactively cooperate with the SBISS, the other participating Agencies,
and any contractors working to implement, improve and manage the
system by obtaining the cooperation of their own System vendors and or
maintenance contractors to facilitate:
. Network access and connectivity
. Data extracts for engineering and testing purposes
South Bay Information Sharing System
COPLlNK System Use Policy
January 19,2010
. Production extracts
. Required modifications to their source systems
. Regular data updates as agreed to during the design and any
improvement process
. Timely review and approval of design documents and test
results
e. AQencv Withdrawal: An Agency may withdraw their participation in
COPLlNK at any time by providing written notice to the SBISS that the
Agency wishes to withdraw their participation. In the event that the
Agency wishes to withdraw their data from the COPLlNK repository, the
Agency shall give the Board of Directors sixty (60) days written notice
and the Agency shall be responsible for contacting the maintenance
vendor (currently Knowledge Computing Corporation) and requesting the
data removal. The withdrawing Agency is responsible for all of the cost
associated with the removal of their data from COPLlNK.
II. AUTHORIZED RELEASE OF INFORMATION
a. Sharinq of Information: Each Agency authorizes the release of
Information residing in COPLlNK to all authorized users of COPLlNK as
permitted by law. Any Agency that does not want certain Information
made available is responsible for ensuring that the Information is not
included in the data transfer to COPLlNK. An Agency that wants certain
data to be made available only to a select group of users is responsible
for placing the appropriate restriction indicator on COPLlNK.
1. California law prohibits the release of victim information to
unauthorized users in specific sex related crimes.
b. Limitation on Information Sharinq: Information contributed by each
Agency shall only be shared with or released to those other Agencies
that have entered into this agreement. Only authorized employees who
have an approved login and password ("Authorized Users") will be
allowed to access or use information in COPLlNK.
c. Liabilitv: Each Agency is solely responsible for any and all claims
(including without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court
costs) ("Claims") of every kind and nature whatsoever, arising in any
manner by reason of the gross negligent acts, errors, omissions or willful
misconduct incident to the performance of this Agreement, including the
use or alleged or actual misuse of COPLlNK by that Agency, its officers,
agents or employees.
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COPLlNK System Use Policy
January 19,2010
d. Indemnification: Each Agency executing this Agreement, with the
exception of Knowledge Computing Corporation (KCC), is a public entity.
In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities, solely by reason of such entities being parties to an
Agreement as defined by Section 895 of said Code, the Agencies
hereto, as between themselves, pursuant to the authorization contained
in Section 895.4 and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees
by law, for injury caused by a gross negligent or wrongful act or omission
occurring in the performance of this Agreement, to the same extent that
such liability would be imposed in the absence of Section 895.2 of said
Code.
To achieve the above-stated purpose, each Agency shall indemnify, hold
harmless, and defend the other Agencies, their County or Cities, City
Councils, Party, Boards of Supervisor and other elected officials, boards
and commissions, officers, agents and employees (collectively, the
"Indemnified Parties") from and against any and all claims of every kind
and nature whatsoever, arising in any manner by reason of the gross
negligent acts, errors, omissions or willful misconduct incident to the
performance of this Agreement, including the use or alleged or actual
misuse of COPLlNK by that Agency and its employees. The provision of
Section 2778 of the California Civil Code is made a part hereto as if fully
set forth herein. Each Agency executing this agreement certifies that it
has adequate self insured retention of funds to meet any obligation
arising from this Agreement.
KCC shall defend, indemnify and hold harmless the Agencies and their
Indemnified Parties from and against any and all claims of every kind
and nature whatsoever, arising in any manner by reason of the gross
negligent acts, errors, omissions or willful misconduct incident to the
performance by KCC or its subcontractors of any tier in the performance
of installing or maintaining COPLlNK.
Notwithstanding the foregoing, nothing herein shall be construed to
require KCC or the Agencies to indemnify any other party from any claim
arising from the sole gross negligence or willful misconduct of another
party. Nothing in this indemnity shall be construed as authorizing any
award of attorney fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. Any policy
limits shall not act as a limitation upon the amount of indemnification to
be provided.
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South Bay Information Sharing System
COPLlNK System Use Policy
January 19,2010
The provisions of this section, II d, shall survive the expiration or
termination of this Agreement.
III. INFORMATION OWNERSHIP
a. Ownership: Each Agency retains control of all information it provides to
COPLlNK. Each Agency is responsible for creating, updating, and
deleting records in its own records management system or database,
according to its own policies. Each Agency shall use its best efforts to
insure the completeness and accuracy of its source data.
b. Release of Information: Agencies and Authorized Users shall release or
make available information accessed from COPLlNK only to persons or
entities authorized to receive COPLlNK information.
c. Unauthorized Requests: If an Agency receives a request for information
in COPLlNK by anyone who is not authorized to receive information from
COPLlNK, that Agency shall refer the request to the law enforcement
agency that authored or originated the requested information ("Source
Agency").
d. Public Record Requests. Subpoenas and Court Orders: Any Agency
receiving a public records request, subpoena, or court order ("Legal
Request") for information in COPLlNK not authored by or originated by
that Agency shall refer the Legal Request to the source Agency for the
purposes of responding to the Legal Request.
IV. UNDERSTANDING ON ACCURACY OF INFORMATION
a. Accuracv of Information: Agencies agree that the data maintained in
COPLlNK consists of information assumed to be accurate. Agencies will
participate in several testing sessions, to validate and ensure that its
information is accurate. However, data inaccuracies can arise for
multiple reasons (e.g., entry errors, misinterpretation, outdated data,
etc.). It shall be the responsibility of the Agency requesting or using the
data to confirm the accuracy of the information with the Source Agency
before taking any enforcement-related action.
b. Timeliness of Information: Each Agency shall determine the frequency
with which its data will be refreshed in COPLlNK. In addition, each
Agency has its own policy regarding the speed at which incidents are
recorded in its internal records management systems. Since changes or
additions to data do not get updated in COPLlNK on a real-time basis,
Agencies recognize that information may not always be timely and
relevant. It shall be the responsibility of the requesting Agency to
confirm the timeliness and relevance of the information with the Source
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COPLlNK System Use Policy
January 19,2010
Agency. Additionally, a data refresh schedule will be published by each
System Administrator to enable a user to determine the potential
timeliness of each Agency's data.
c. Hold Harmless: To the extent permitted by law, each Agency agrees to
hold the other Agencies harmless for any information in COPLlNK, or
any action taken as a result of that data, regardless of whether the data
is accurate or not, or any time delay associated with changes, additions,
or deletions to the information contributed. This hold harmless provision
shall not apply to the willful misconduct or gross negligence of Source
Agencies.
v. USER ACCESS
a. Loqin Application Process: Each Agency's System Administrator is
responsible for management of user accounts at that Agency. Each
Agency agrees that all Authorized Users shall be current employees and
be authorized to review criminal history data for legitimate purposes.
Each potential user shall submit a request for a login and password to
the Agency System Administrator. The Agency System Administrator
shall have discretion to deny or revoke individual access within their
Agency.
b. LOQin Assiqnment: Each Authorized User will be issued a user login and
a default password by the Agency System Administrator. Upon logging
into COPLlNK for the first time, each Authorized User will change the
default password to another password. Authorized Users may be
assigned to groups that have different levels of access rights based on
the level of restriction of the information.
c. Provision of Aqreement: The Agency System Administrator must
provide a copy of the terms and conditions of this Agreement to all
Authorized Users when they are issued a login ID for the system. Each
Authorized User shall sign an acknowledgement stating, "I have received
a copy of the terms and conditions of usage of COPLlNK. I agree to
comply with the terms and conditions and I understand that violation of
the terms and conditions may lead to disciplinary action and/or criminal
prosecution." The Agency System Administrator shall maintain the
original signed acknowledgements at all times.
d. Intended Use: Each Authorized User agrees that COPLlNK, the
information contained in it, and the networking resources it provides are
to be used solely for purposes consistent with the law. Authorized Users
shall not use or share the information for any unethical, illegal, or
criminal purpose.
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COPLlNK System Use Policy
January 19,2010
e. Limitations on Use of Loqins: An Authorized User may not access
COPLlNK by using a name or password that was assigned to another
user. An Authorized User cannot give his or her password to another
person, including another user, to access the system.
f. Audit Trail: Each transaction on COPLlNK is logged, and an audit trail is
created. Each Agency System Administrator shall conduct an internal
audit on a periodic basis to ensure information is reasonably up to date
and user queries are made for legitimate law enforcement purposes.
COPLlNK will require each Authorized User to input the reason for the
requested information before any information is generated. This
information shall be recorded on COPLlNK, and retained to allow the
System Administrator to complete the internal audit. Each System
Administrator shall maintain the audit trail for a minimum of three years.
Requests for transaction logs shall be made in writing to the Agency
System Administrator, who shall provide the logs to the requesting party
within a reasonable amount of time.
g. Termination of Loqins: Each Agency System Administrator is
responsible for timely removal of any login accounts as Authorized Users
leave the Agency or are denied access by the Agency System
Administrator for any other reason.
VI. CONFIDENTIALITY OF INFORMATION
a. Information Confidentialitv: Information in COPLlNK is confidential and
is not subject to public disclosure, except as required by law. Only
Authorized Users are allowed to view and use the information in
COPLlNK. The information will otherwise be kept confidential.
b. Internal Requests for Information: An Authorized User who receives a
request from a non-authorized requestor for information in COPLlNK
shall not release that information, but may refer the requestor to the
Source Agency.
c. Removal or Editinq of Records: Agencies shall determine a schedule for
record deletion and other edits. If an agency requires a record edited,
removed or otherwise changed in a more timely manner, they are
responsible for contacting the maintenance contractor (currently
Knowledge Computing Corporation) directly and arranging for such a
change to be manually processed to their data.
11/
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South Bay Information Sharing System
COPLlNK System Use Policy
January 19,2010
VII. SYSTEM ACCESS
a. Network Access: Access to COPLlNK will be provided by a private
network maintained by a secure network configuration or other such
method chosen by the Santa Clara County Office of the Sheriff as the
host agency.
b. System Availabilitv: COPLlNK shall operate 24-hours a day, 7-days a
week, with downtime limited to those hours required for any necessary
maintenance activities.
VIII. SERVICE ISSUES AND SUPPORT
a. Sheriff Office Support: The Sheriff's Office will provide staff and
reporting to the Member Agencies on the following basis: Any user
who reports a problem ("the user-reporter") regarding interruption
and/or slowdown to the Sheriff shall receive a return call
acknowledging the user-reporter's call on average within forty-five (45)
minutes during normal business hours, ninety-eight percent of the time.
During non-business hours, the user-reporter will receive a return call
within one hour acknowledging that staff has received the problem.
The staff will promptly determine, to the extent possible, the cause(s)
of interruption and/or slowdown among connected systems, telephone
lines, server, and user equipment. The staff will use best efforts to
restore service. A log will be maintained identifying:
1. Agencies will report all problems to the Sheriff's Office
2. The user-reporter contact name, time/date that the user-reporter
called to report the problem, and telephone number;
3. The name and time/date that the staff returned the call to the user-
reporter along with any initial determination of causation;
4. The duration of the interruption and/or slowdown;
5. The final determination of causation if different from the initial
determination; and
6. Upon request from an agency, Sheriff's Office Staff will work with
an agency information service resource to identify COPLlNK
hardware/software related problems.
If service interruption is due to software, the Sheriff's Office IS staff will work with
KCC. If service interruption is due to hardware, the Sheriff's Office IS staff will
coordinate with Dell Third Party Hardware Support. if service interruption is due
to network connectivity, the Sheriff's Office IS staff will coordinate with AT&T.
11/
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COPLlNK System Use Policy
January 19,2010
b. Sheriff's Office Administrative Responsibilities: The Sheriff's Office
shall be responsible for providinq technical and administrative support
as set forth below.
1. Sheriff's Office will maintain support agreements on critical
components (KCC, Dell, AT&T) in force.
2. Sheriff's Office will complete an annual budget and quarterly billing.
3. Sheriff's Office will perform regular backups of the data, maintain a
tested restore process for data recovery, and will retain a
minimum of three years of the audit/journal file online for
agencies to access.
c. Sheriff's Office Service Level Exclusions: The Sheriff Office's service
support obligations do not apply to any performance issues: (i) caused
by factors outside of the Sheriff's Office reasonable control; or (ii) that
resulted from the user's equipment or third party equipment, or both
(not within the primary control of the Sheriff's Office).
~. AGREEMENT TERMS
a. Term: This Agreement will commence on the date that it is executed by
an Agency and KCC.
b. Amendments: Any change in the terms of this Agreement, shall be
incorporated into this Agreement by a written amendment properly
executed and signed by a person authorized to bind the Agencies and
KCC.
c. Supplemental Policies: An Agency may add individual terms and
conditions for its own computers or networks providing the terms and
conditions do not conflict with the provisions of this Agreement.
d. Sanctions for Non-Compliance: Any Agency that violates the terms
and conditions of this Agreement may be disconnected from
COPLlNK. The offending Agency will be provided with a 60-day
written notice of the violation and the opportunity to correct the
violation. Failure to abide by or follow the terms and conditions of this
Agreement will result in the termination of COPLlNK access for the
offending Agency. All disputes concerning access shall be determined
by a majority of the COPLlNK Board.
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COPLlNK System Use Policy
January 19,2010
X. SIGN-OFF ON EXECUTION OF AGREEMENT
By executing this agreement, each Agency acknowledges that it has
received a copy of this Agreement and will comply with its terms and
conditions. This Agreement may be executed in one or more
counterparts, each of which will be deemed an original, but all of which
together will constitute one and the same instrument. A complete
original will be kept on file with the Santa Clara County Office of the
Sheriff. For all other purposes, facsimile signatures are acceptable as
originals.
Signature
Date
Printed Name and Title
~h\\M" O~
Signature
D EN\~~ ~.1U ~E"t<.1
Printed Name and Title
?J!Jb /2A1 J 0
Date
~UUZ Ct-h e-t=
Signature
Date
Printed Name and Title
Signature
Date
Printed Name and Title
Signature
Date
Printed Name and Title
Signature
Date
Printed Name and Title
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Signature
Printed Name and Title
Signature
Printed Name and Title
Signature
Printed Name and Title
Signature
Printed Name and Title
Signature
Printed Name and Title
Signature
Printed Name and Title
Signature
Date
Date
Date
Date
Date
..
Date
Date
Printed Name and Title Robert Griffin, President and CEO
Signature
Printed Name and Title
Page 10 of 13
Date
South Bay Information Sharing System
COPLlNK System Use Policy
Janua 19,2010
Signature
Date
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Signature
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Signature
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Page 13 of 13
EXHIBIT C
EMPLOYEENOLUNTEER STATEMENT FORM
As an employee/volunteer of
, you may have access to
confidential records stored in the SBISS South Bay Information Sharing System. All
access is based on the "need to know" and the "right to know." Misuse of such
information may adversely affect an individual's civil rights, and violates the law and/or
SBISS policy.
Penal Code Section 502 prescribes the penalties relating to computer crimes.
Penal Code Sections 11105 and 13300 identify who has access to criminal history
information and under what circumstances it may be released. Penal Code Sections
11141-11143 and 13302-13304 prescribe penalties for misuse of criminal history
information. Government Code Section 6200 prescribes the felony penalties for misuse
of public records.
"Any person authorized by law to receive a record or information obtained from a
record who knowingly furnishes the record or information not authorized by law to
receive the record or information is guilty of a misdemeanor."
Any employee/volunteer who is responsible for SBISS misuse is subject to
immediate dismissal from employment. Violations of the law may result in criminal
and/or civil action.
I HAVE RECEIVED A COPY OF THE TERMS AND CONDITIONS OF USAGE
OF COPLlNK. I AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AND I
UNDERSTAND THAT VIOLATION OF ANY OF THE TERMS AND CONDITIONS MAY
LEAD TO DISCIPLINARY ACTION AND OR CRIMINAL PROSECUTION
Signature
Print Name
Date
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
Page 28 of29
Exhibit 0
COPLINK
ANNUAL DATA AUDIT FOR DATA ACCURACY
Date Time Data Data Verified in
Type Coplink?
SBISS South Bay Region Node MOU Agreement Updated: 1/19/2010
Page 29 of29