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SBISS South Bay Region NODE - 2013 MOU
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 lit day of October and year 2013 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 Mountain View Police Department Gilroy Police Department = Palo Alto Police Department Los Altos Police Department San Jose Police Department Los Gatos -Monte Sereno Police Santa Clara County Sheriffs Office Department Santa Clara Police Department *. Milpitas Police Department Sunnyvale Department of Public Morgan Hill Police Department Safety Santa Cruz County: Capitols Police Department Santa Cruz Police Department Monterey County: Carmel Police Department Del Rey Oaks Police Department Gonzales Police Department • Greenfield Police Department At King City Police Department Marina Police Department • Monterey Pollce Department San Benito County: ■ Hollister Police Department • Santa Cruz County Sheriffs Office • Watsonville Police Department • Monterey County Sheriffs Office • Padfic Grove Police Department • Salinas Police Department • Sand City Police Department • Seaside Police Department • Soledad Police Department San Benito County Sheriffs Office SBISS South Bay Regton Node MOV Agivement v 4 .0 Page I of 37 Z Additionally, the following Member Agencies hereby also compose the South Bay Information Sharing System (SBISS) SOUTH BAY REGION NODE (Node)` The following agencies are collectively known as the "District Attorney Member Agencies." • Santa Clara County District Attorney's Office • Santa Cruz County District Attorney's Office • Monterey County District Attorney's Office • San Benito County District Attorney's Office Additionally, the following Member Agencies hereby also compose the South Bay Information Sharing System (SBISS) SOUTH BAY REGION NODE (Node): The following agencies are collectively known as the "University Police Member Agencies." • California State University, Monterey Bay Police Department • San Jose State University Police Department Additionally, the following Member Agencies hereby also compose the South Bay Information Sharing System (SBISS) SOUTH BAY REGION NODE (Node): The following agencies are collectively known as the "Probation Member Agencies." • Santa Clara County Probation Department • San Benito Probation Department • Monterey County Probation Department • Santa Cruz County Probation Department 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 maintain 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. SBISS South Say Region Node UOU Agreement v.4.0 Page 2 of 37 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 this agreement to share data among such agencies. THEREF=ORE, the Member Agencies hereby agree to the following: 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 that is the governing body of the South Bay Information Sharing System. 1.4 COPLINK. shall mean the information sharing and analysis software licensed to the Fiscal Agent on behalf of the Member Agencies by IBM under the name COPLINK. 1.5 Criminal Justice Practitioners: those personnel from the Member Agencies that have the appropriate clearance and authority to utilize and 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. SBISS South Bay Region Mode MOUAgreeinent v.4.0 Page 3 of 37 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 International Business Machines: "IBM" shall mean a corporation with its principal place of business at 1 New Orchard Road, Armonk, New York, 10504 -1722, and the owner and developer of the software known as COPLINK. 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 every three years. The Agreement can only be terminated as provided herein. 3 Board of Directors 3.1 The South Bay Region Node Board of Directors: shall be comprised of eleven (11) Directors and their respective alternates. Alternates shall 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 One Director shall be the Santa Clara County Sheriff. 3.1.1.2 One Director shall be the Chief of the San Jose Police Department. 3.1.1.3 One Director shall be appointed by the Santa Clara County Police Chiefs Association from its membership. 3.1.1.4 One Director shall be the Santa Cruz County Sheriff. 3.1.1.5 One Director shall be the Chief of the Santa Cruz Police Department. SBISS South Bay Region Node MO U Agreement vl.4.0 Page 4 of 37 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 Sharing: 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 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. Each member agency SBISS South Bay Region Node MOU AgreemenLv. 4. 0 Page 6 of 37 shall maintain their respective source databases. 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 SBISS will continue to meet those standards. 5.3.1 Liability 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 Background and Fingerprint 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, 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 SBISS South Bay Region Node MOU Agreement v.4.0 Page 7 of 37 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 California Public Records Act or Freedom of Information Act requests should be referred back to the originating agency. 5.3.4 Insurance: Each Member Agency, at its sole cost and expense, shall cant' 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 Connecting with other COPLINK 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 COPLINK 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 has authorized the Chair of the Board to sign MOU and Inter - Agency agreements with other COPLINK nodes and Law Enforcement Sharing Systems for the purpose of expanding the data sharing network. 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 COPLINK or law enforcement system is the proprietary information of the Member Agency contributing that Data. Each Member Agency has an affirmative SBISS Se ah Bay Region Node MOUAgreement v.4.0 Page 8 of 37 obligation to assure that any "criminal intelligence data that is entered and used through the COPLINK 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 Accuracy: Member Agencies and Authorized Users acknowledge that Data maintained in the South Bay Region Node consists of information that may or 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 D 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 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. 6.6 Criminal Discovery: Prior to releasing any data in furtherance of its statutory and constitutional obligations relating to the criminal discovery process, a member prosecuting agency shall seek express permission from the originating agency. In order to aid in the release of data,, it is recommended that each contributing agency designate a Criminal Discovery Coordinator or equivalent contact person to receive, evaluate and promptly reply to such requests. in any instance where an originating agency declines to grant such disclosure permission, the originating agency and the prosecuting agency shall confer to reach agreement on possible limitations on disclosure (including the seeking of judicial protective orders) in an attempt to protect the originating agency's specific concerns while allowing the prosecuting agency to meet its statutory and constitutional criminal discovery obligations. 7 Funding, Costs, Personnel and Financial Considerations SBISSSouth Bay Region Node MOUAgreement v4.0 Page 9 of37 7.1 Node Costs: Costs for the creation, initial three (3) years of maintenance and the expansion of the Node was paid for as set forth in the SBISS South Bay Region Node Share of Cost Agreement attached hereto as Exhibit A. Since the initial creation of the node, Exhibit A has 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 Responsibility: Initially, the hardware and software required at each Node was paid for with Grant funding. However, in the event grant funding is not available the new Member Agency will be 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. For new member or view -only agencies not part of the cost allocation table all host related support costs shall be allocated to the sustainment of the Node and will not serve as profit. 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 Agencies. Nothing included in this MOU requires any Agency to directly 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 and approved by Board of Directors. 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 Funding: Grant funding provided by the Urban Area Security Initiative, Homeland Security Grant Program, Federal Emergency Management Agency, U.S. Department of Homeland. Security has been used to offset the startup costs for the Node. The primary use of these funds will focus on infrastructure, paying for software license maintenance, and data integration fees for the Member Agencies. The Fiscal Agent will manage all aspects of payment and reporting for grant funding. 7.5 Future Grant Funding: Member Agencies that individually apply 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 SBISS South Bay Region Node MOU Agreement_r.4.0 Page 10 of 37 z 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 Agency Employees:' Employees of a Member Agency working for the benefit of the Node remain the employees of that Member Agency. 8 Amendments 8.1 Addition of new Member Agencies: 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 writing and approved by the Board. 9 Termination 9.1 MOU Termination: This MOU may be terminated by mutual. agreement of all Member Agencies. 9.2 Member Agency 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 SBISS South Bay Region Node MO U Agreemeat_v.4.0 Page 11 of 3 7 fully integrating the Member Agencies, future agencies and potential future data sources. 10.2 From time to time the Member Agencies may develop, adopt or create additional policies and /or procedures related to other forms of information gathering and sharing, hosted by SBISS. The Member Agencies will have an opportunity to review,: comment or revise these policies and once approved by the Board of Directors, the policies will be incorporated herein (See, Appendix) and the Member Agencies will be bound by the terms therein. The parties hereto execute this MOU as of the Effective Date Santa Clara County Agencies: City of Campbell r M a, K Li dd e4fir V Date City Manager City of Campbell z ?---q q/q Greg FincqT Date Chief of Po ice City of Campbell City of Gilroy Thomas J. Haglund Date City Manager City of Gilroy Denise J. Turner Date City of Gilroy SBISS South Bay Region Node MOUAgreement —v.4-0 Page 12 of 3 7 fully integrating the Member Agencies, future agencies and potential future data sources. 10.2 From time to time the Member Agencies may develop, adopt or create additional policies and /or procedures related to other forms of information gathering and sharing, hosted by SBISS. The Member Agencies will have an opportunity to review, comment or revise these policies and once approved by the Board of Director, the policies will be incorporated herein (See, Appendix) and the Member Agencies will be bound by the terms therein. The parties hereto execute this MOU as of the Effective Date. Santa Clara County Agencies: City of Campbell Mark Linder City Manager City of Campbell Greg Finch Chief of Police City of Campbell I I of Gilro 7 Thomas J. Hagl nd City Manager City of Gilroy LfAW K 1-�hJA Denise J. TurrYer Chief of Police City of Gilroy Date Date Approved as to Form: Gilroy City Attorney's Office By: �Z 13 City Attomey Date I2Ji © 3 Date SBISS South Bay Region Node MOU Agreement Updated: 1 211 012 01 3 Page 12 of 37 South Bay Information Sharing System System Use Policy September 20, 2013 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. Page 10 of 17 Signature Date Printed Name and Title Signature Cr) 1/ 1 � Printed Name and 'Title Signature Printed Name and Tdle Date Signature Printed Name and Title Date j Signature Printed Name and Title Date Signature Printed Name and Title Date Signature Printed Name and Idle Date Page 10 of 17 City of Los Altos r Marcia Somers City Manager City of Los Altos 7 Tuck Y unis Police Chief City of Los Altos Town of Los Gatos Greg Larson Town Manager Town of Los Gatos Scott Seaman Police Chief Town of Los Gatos City of Milpitas Thomas C. Williams City Manager City of Milpitas Steve Pangelinan Police Chief City of Milpitas Dates r- Z -1 Y Date Date Date Date Date SBLSS South Bay Region Node iWOU Agreement_v 4.0 Page 13 of 37 Marcia Somers .City Manager City of Los. Altos Tuck Younis Police Chief City of Los Altos Town of Los Gatos Greg L son Town Manager Town of Los Gatos SI' M Seaman Police Chief Town of Los Gatos City of Milpitas Thomas C. Williams .City Manager City of Milpitas Steve. Pangelinan Police Chief City of Milpitas City of Morgan Hill Date Date 5-tLjqj Date �=3 L� 11 q Date Date Date SBISS South Bay Region Node 'MOUAgreement Updated: 11//3/2013 Page 13 of 36 City of Los Altos Marcia Somers City Manager City of Los Altos Tuck Younis Police Chief City of Los Altos Town of Los Gatos Greg Larson Town Manager Town of Los Gatos Date Date Date Scott Seaman Date Police Chief Town of Los Gatos z-7 Th s C. Williams Date C"anager City of Milpitas I Steve Pang roan Date Police Chief City of Milpitas .SH SS Sorrih Bal, Region Abdo, A1011 Agreement v.4.0 Page 13 of 37 City of Morgan Hill Steve �yfne� City Manager City of Morgan ill avid Swing Police Chief City of Morgan Hill City of Mountain View Daniel H. Rich City Manager City of Mountain View Scott S.G. Vermeer Police Chief City of Mountain View City of Palo Alto Jim Keene City Manager City of Palo Alto Dennis Burns Police Chief City of Palo Alto 2 2 Date Date Date Date Date SBISS South Bay Region Node A1OUAgreement_v.4.0 Page 14 oj37 City of Morgan Hill Steve Rymer City Manager City of Morgan Hill David Swing Police Chief City of Morgan Hill City of Mountain View N rnel H. Ric City Manager City of Mountain View I YtaG 1_K.tr� C11lar Fite., Scott S.G. Vermeer Police Chief City of Mountain View City of Palo Alto Jim Keene City Manager City of Palo Alto Dennis Burns Police Chief City of Palo Alto Date Date FINANCIAL APPROVAL Date r ; T A IMINi RATIV SERVICES Mur zt APPROVO AS CITY ATTORNEY -1-A Date Date Date SBISS South Bay Region Node MOU Agreement u4.0 Page 14 of 3 7 City of Morgan Hill Steve Rymer City Manager City of Morgan Hill David Swing Police Chief City of Morgan Hill City of Mountain View Daniel H. Rich City Manager City of Mountain View Date Date Date Scott S.G. Vermeer Date Police Chief City of Mountain View City of Palo Alto / 5" zz / iinykVene Date C anager C of Palo Alto Dennis Burns Date Police Chief City of Palo Alto SBISS Sash 13cn' Region A'ode ,11011.dgreeonett1 v.d.Q Page 14 oj37 City of San Jose Norberto Duefias Deputy City Manager ( 1 41 Larry Esquivel Police Chief City of San Jose San Jose State University Administration and Finance San Jose State University Peter Decena Police Chief San Jose State University City of Santa Clara Julio J. Fuentes City Manager City of Santa Clara Mike Sellers Police Chief City of Santa Clara APPROVED AS TO FORM Zt:�e DEPUTY CITY ATTORNEY 6F Date 6 Date Date Date Date Date SBIS.S South Bay Region A'ode MOUAgreement_v.4.0 Page 15 of 37 City of San Jose Ed Shikada Date City Manager City of San Jose Lang Esquivel Date Police Chief City of San Jose San Jose State University Police Chief San Jose State University City of Santa Clara Julio J. Fuentes Date City Manager City of Santa Clara Mike Sellers Police Chief City of Santa Clara Date SBISS South Bay Region Node MOU Agreemeut_v.4.0 Page 15 of 3 7 Date Administration and Finance San Jose State University )AA OZZZAA5 Peter Decena Date Police Chief San Jose State University City of Santa Clara Julio J. Fuentes Date City Manager City of Santa Clara Mike Sellers Police Chief City of Santa Clara Date SBISS South Bay Region Node MOU Agreemeut_v.4.0 Page 15 of 3 7 City of San Jose Ed Shikada City Manager City of San Jose Larry Esquivel Police Chief City of San Jose San Jose State University Administration and Finance San Jose State University Peter Decena Police Chief San Jose State University City of Santa Clara Ju'Wo J. Fu ntes City Manager City of Santa Clara Mike Sellers Police Chief City of Santa Clara SBISS South Bay Region Node MOUAgreement_v.4.0 Date Date Date Date —113-1 1 i `f Date , TTEOT. ;y C;�urtC /- z z iy Date APPROVED AS TO FORM: S A CLARA CITY ATT'ORNEY'S O`RCE JU ANT C. ' ' `P---9e74j37 Chun tv of Santa Clara DatV i District Attorney County of Santa Clara Ci Of SunfflLk ale Gary Luebbers Date City Manager City of Sunny-vale Frank Grgurina Date Director of Public Safety City of Sunnyvale SBISS South BM, Region Nacre AIOUAgrewnwil..r. 4.0 Page 1 6 qf3 7 Laune, Smith Date Sheriff County of Santa Clara qIY Kar - n Fletcher (interim) Dale Chief Probation Officer County of Santa Clara Jeffrey Rosin Date District Attorney County of Santa Clara Ci Of SunfflLk ale Gary Luebbers Date City Manager City of Sunny-vale Frank Grgurina Date Director of Public Safety City of Sunnyvale SBISS South BM, Region Nacre AIOUAgrewnwil..r. 4.0 Page 1 6 qf3 7 County of Santa Clara Jeffrey Smith M.D. County Executive County of Santa Clara Laurie Smith Sheriff County of Santa Clara Karen Fletcher (Interim) Chief Probation Officer County of Santa Clara Date Date Date Jeffrey Rosen Date District Attorney County of Santa Clara City of Sunnyvale Gary Luebbers Date City Manager City of va /7 Frank Grgurina Date Director of Public Safety City of Sunnyvale SBISS South Bay Region Node MOU Agreernenl_v.4.0 Page 16 of 37 Sheila Mitchell Chief Probation Officer County of Santa Clara Jeffrey Rosen District Attorney County of Santa Clara City of Sunnyvale .Gary Luebbers City Manager City of Sunnyvale Frank Grgurina Director of Public Safety City of Sunnyvale Santa Cruz County Agencies: City of Capitola amie Goldstein City Manager City of Capitola Date Date Date Date Date SBISS South Bay Region Node MOU Agreement Updated: 10 1112013 Page. 16. of 35 Rudy acala nte Date_ Chief of Police City of Capitola City of _Santa Cruz Martin Bernal Date City Manager City of Santa Cruz Kevin Vogel Chief of Police City of Santa Cruz Date University of California, Santa Cruz Police Department Administration and .Finance University of California, Santa Cruz Nader oweis Chief of Police . .......... University of California, Santa Cruz County of Santa Cruz Carlos Rivera County Administrative Officer County of Santa Cruz Date Date Date Phil Wowak Date SBISS South Bay Region Node MOUAgreement Updated: 1011,12013 Page 17 of 3S Santa Cruz County Agencies: City of Capitola Jamie Goldstein City Manager City of Capitola Rudy Escalante Chief of Police City of Capitola City of Santa Cruz Martin Bernal City Manager City grf Santa Cruz K6v(n Vogel � Chief of Poli City of Santa Cruz County of Santa Cruz Susan A. Mauriello County Administrative Officer County of Santa Cruz Date Date V Date III /// ( — --1\0 Date Date SBISSSouth Bay Region Node MOUAgreement v.4.0,- Page 17 of 37 Santa Cruz County Agencies: City of Capitola Jamie Goldstein City Manager City of Capitola Rudy Escalante Chief of Police City of Capitola City of Santa Cruz Date Date Martin Bernal Date City Manager City of Santa Cruz Kevin Vogel Date Chief of Police City of Santa Cruz County of Santa Cruz Susan A. Mauriello Date County Administrative Officer County of Santa Cruz SB/.SS South Bay Region Norte MOU Agreement—v. 4.0 Page 17 of 37 Phil Wowak Sheriff - Coroner County of Santa Cruz Scott MacDonald Chief Probation Officer County of Santa Cruz Bob Lee District Attorney County of Santa Cruz City of Watsonville Carlos J. Palacios City Manager City of Watsonville Manny Solano Police Chief City of Watsonville Monterey County Agencies: City of Carmel Jason Stilwell City Administrator City of Carmel I I -a mj Date Date Date Date Date Date SBISS South Bay /legion Node A-IOU Agreement_ 1.4.0 Page 18 of 37 Phil Wowak Sheriff - Coroner County of Santa Cruz Scott MacDonald Chief Probation Officer County of Santa Cruz Date Date Bob Lee Date District Attorney County of Santa Cruz City of Watsonville P� 2 Ca Q&J —Pala ' Or le, 1dys _ Date City Manager /"`" City of Watsonville Ma ny Sol Date! Poli e Chief City of Watsonville Monterey County Agencies: City of Carmel Jason Stilwell City Administrator City of Carmel Date SBISS South Bav Regrai A'ode d1,0V Agreement_ v 4.0 Page 18 oJ'37 Phil Wowak Sheriff - Coroner County of Santa Cruz Scott MacDonald Chief Probation Officer County of Santa Cruz Bob Lee District Attorney County of Santa Cruz City of Watsonville Carlos J. Palacios City Manager City of Watsonville Manny Solano Police Chief City of Watsonville Monterey County Agencies: City of Carmel City Administrator City of Carmel Date Date Date Date Date 7 / t/,{ Date SB /SS South Bcrn Region Node A10U : I gree menl r.4.0 Page IS o.1'377 IA,J Mike Calh un Police Chief City of Carmel Cb of Del Rey Oaks Date Daniel Dawson Date City Manager City of Del Rey Oaks Ronald J. Langford Date Chief of Police City of Del Rey Oaks Cite of Gonzales Rene L. Mendez Date City Manager City of Gonzales Paul Miller Date Police Chief City of Gonzales City of'Greenfield John Bakker Date City Manager City of Greenfield SBISS South Bay Region Norte MOIJ Agreement, v 4. U Page 19 of 3 7 Mike Calhoun Date Police Chief City of Carmel City of Del Rev Oaks q--- I*/t s Daniel awson Date City M nager City of Del Rey Oaks Ro I . L ford Date Chie City of Del Rey Oaks City of Gonzales Rene L. Mendez Date City Manager City of Gonzales Paul Miller Date Police Chief City of Gonzales City of Greenfield John Bakker Date City Manager City of Greenfield SBISS South Bay Region Node MOU Agreement v.4.0 page 19 of 3 7 Mike Calhoun Date Police Chief City of Caramel City of Del Rey Oaks Daniel Dawson Date City Manager City of Del Rey Oaks Ronald J, Langford Date Chief of Police City of Del Rey Oaks City of Gonzales . Mendez Da_ � r City Manager City of Gonzales !� r Paul Miller Date Police Chief City of Gonzales City of Greenfield John Bakker Date City Manager City of Greenfield SBISS South Bay Region Node AYOUAgreement_v.4.0 Page .19 of 37 Mike Calhoun Date Police Chief City of Carmel City of Del Rey Oaks Daniel Dawson Date City Manager City of Del Rey Oaks Ronald J. Langford Date Chief of Police City of Del Rey Oaks City of Gonzales Rene L. Mendez Date City Manager City of Gonzales Paul Miller Date Police Chief City of Gonzales City of Greenfield Susan Date City Manager City of Greenfield SB1 5ouIh Bqj, Region Node: JIOU Agreement v.4.0 Peege l9 of 37 Adele H. F ese Police Chief City of Greenfield City of King City Michael Powers City Manager City of King City Bruce Miller (interim) Police Chief City of Marina. Date Layne P. Long Date City Manager City of Marina Edmundo Rodriquez Chief of Police City of Marina City of Monterey Mike McCarthy City Manager City of Monterey SlI SS.Sordh Bqv Region Node MOUifgreement_r.4.0 Date Date Date Date Page 20 of 37 Daniel Ortega - (Interim) Date Police Chief City of Greenfield City- -of.Kirig , -City Lj Michael Powers Date City Manager City of King City Bruce Miller "(interim) Date Police Chief City of_Wriiia Layne P. Long Date City Manager City of Marina Edmundo Rodriquez Date Chief of Police City of Marina City of Monterey Fred Meurer City Manager City of Monterey Date SBISS Sot1th Bay Region Node M10U Agreement v.4.0 Page 20 !,; 3 7 Daniel Ortega (Interim) Police Chief City of Greenfield City of Kind City Michael Powers City Manager City of King City Bruce Miller (Interim) Police Chief City of Marina Layne P. 1, --- City Manager City of Mar' a dcnundo Rodriquez Chief of Police City of Marina City of Monterey Fred Meurer City Manager City of Monterey Date Date Date Date t' 1s64 Date Date Sltl.�i i R[,Y:n,j 1.y /, AMU .lt�<'ir.,SRI t. J.rl li {a: "I Of 3 - Daniel Ortega (interim) Police Chief City of Greenfield City of King City Michael Powers City Manager City of King City Bruce Miller (Interim) Police Chief City of Marina Layne P. Long City Manager City of Marina Edmundo Rodriquez Chief of Police City of Marina City of Monterey PMike McCarthy City Manager City of Monterey Date Date Date Date Date Date AN99A WMi$ A, 4.o c ao aisr .dg& Phil Penk Chief of Police City of Monterey City of Pacific Grove Thomas Frutchey City Manager City of Pacific Grove Vicki L.H. Myers Police Chief City of Pacific Grove City of Salinas Ray Corpuz City Manager City of Salinas Kelly McMillin Police Chief City of Salinas City of Sand ON Steve Matarazzo Date City Administrator City of Sand City 61z' & Date Date Date Date Date AW9 RAIRA�. AqA�,Qgde 4. 0 [8 S Phil Penko Chief of Police City of Monterey City of Pacific Grove rfto ��C*& Thomas Frutchey City Manager City of Pacific Grove �,,CA �j - Vicki L.H. Myers Police Chief City of Pacific Grove City of Salinas Ray Corpuz City Manager City of Salinas Kelly McMillin Police Chief City of Salinas. City of Sand City Steve Matarazzo City Administrator City of Sand City Date 1 be / rc5 Date Date Date Date SBISS South Bay Region Node MOUAgreemeut i :4.0 Page 21 of 3 7 Phil Penko Chief of Police City of Monterey City of Pacific Grove Thomas Frutchey City Manager City of Pacific Grove Date Date Vicki L.H. Myers Date Police Chief City of Pacific Grove City of Salinas Ray Corp u Date City Man ger City of Salinas A�14(4 K4 Mcl>tifillin Date Police Chief City of Salinas Citv of Sand Citv Steve Matarazzo Date City Administrator City of Sand City SBLXS Souih Bay Region Node AIOU Agreement_v.4.0 Page 'r 0"27, Todd Bodeen Date City Administrator City of Sand Fity S bate Police Police Chief City of Sand City City of Seaside John Dunn Date City Manager City of Seaside Vicki L.H. Myers Date Police Chief City of Seaside County .of Monterey Lew-C. Bauman - Date County Administrative Officer County of Monterey Stephen T. Bernal Date Sheriff County of Monterey Manuel Real Date Chief Probation Officer County of Monterey SBISS South Bay Region Node MOU Agreement_v.4. 0 Page 22 of 37 Michael Klein Police Chief City of Sand City City of Seaside J n Dun City a r City of Seaside UL41 "0q. W. l� Vicki L.H. Myers Police Chief City of Seaside County of Monterey Lew C. Bauman. County Administrative Officer County of Monterey Scott Miller Sheriff County of Monterey Manuel Real Chief Probation Officer County of Monterey Dean D. Flippo District Attorney County of Monterey Date vim. ' 'L , -I.dif Date Cad' 'A , "oo lf) Date Date Date Date Date SBISS South Bay Region Node MOUAgreement_t4.0 Page 22 of 37 Todd Bodem City Administrator City of Sand City Date Brian Ferrante Date Police Chief City of Sand City City of Seaside John Dunn Date City Manager City of Seaside Vicki L.H. Myers Date Police Chief City of Seaside Countv of Mlontere Lew C. a , a Date Count Ad trative Officer Coun i of (41 me ephen T. Bernal D t Sheriff County of Monterey Dean D. Flippo Date District Attorney County of Monterey SBISS South Bay Re;ion : -ode ,b10U Agreement_v 4 0 Page 22 of 37 ,CItVbf:SdI6dad Adela P. Gonzalez City Manager City of Soledad Eric Sills Chief of Police City of Soledad Date 1/10 1-t-T Date California State University, Monterey Bay Kevin Saunders VP Administration and Finance California State University, Monterey Bay Eadl-amon ---- Chief of Police California State University, Monterey Bay Date Date SBISS South Bay Region Node MOUAgreement—v.4.0 Page 13 q(37 City of Soledad Adela P. Gonzalez City Manager City of Soledad Eric Sills Chief of Police City of Soledad Date Date California State Universitv, Monterey Bay 'ee Kevin Saun rs VP Administration and Finance California State University, Monterey Bay Wwson California State University, Monterey Bay / ZL Date 4ur . Direc vtor Business and Support Services I Date SBISS South Bay Region Node MOUAgreement v.4.0 Page 23 of 37 San Benito County Agencies: City of Hollister illiam B Avera City Manager City of Hollister Dave s tri Police Chief City of Hollister County of San Benito Ray Espinosa County Administrative Officer County of San Benito Darren Thompson Sheriff - Coroner County of San Benito Don H. Blevins (Interim) /Z-,r-- /�- Date Date Date Date Date SBISS South Bay Region Node MOUAgreement v.4.0 Page 24 of 37 California State University, Monterey Bay San Benito County Agencies: City of Hollister 'William Avera Interim City Manager City of Hollister Dave Westrick Police Chief Ray Espinosa County Administrative Officer County of San Benito Darren Thompson Sheriff - Coroner County of San Benito o aiL�//" dH Blevin Interim Chief Probation Officer County of San Benito Date Date to Date ._1r l :a-Z 1,13 Date APPROVED AS TO LEGAL. FORM SAID BENITO OUNTY COUNSEL MACO----� 1�r tt- z�Za�3 SB9PW 1X W � 0UAg,ePKtE Updued: ll /21/2413 Page 22 of 31 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 COPLINK 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: 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 data sharing 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. SBISSSoude Bay Region Node M0U Agreement v.4.0 Page 26 of 37 1.8 Member Agency shall mean law enforcement agencies contributing data to the South Bay Region Node SBISS, including District Attorney or University Police Member agencies and allowed access to data of other member agencies and other COPLINK nodes. 1.9 International Business Machines (IBM) shall mean a corporation -with its principal place of COPLINK business at 1 New Orchard Road, Armonk, New York, 10504-1722, and the owner and developer of COPLINK. 1.10 COPLINK shall mean the information sharing and analysis software licensed to the member agencies by IBM under the name COPLINK. 1.11 Vendor Tools shall mean the SBISS information sharing and analysis software available to the member agencies. 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 or amended. 2.2 To participate in the South Bay Region Node, Member Agencies agree to contribute data from their Records Management System (RMS), Jail Management System (JMS), Mugshot or Case Management System (CMS) , and law enforcement data as defined by the South Bay Region Node Technology Committee. 3 Financial Oversight and Management 3.1 Node Costs: After the current Grant Funding is exhausted in 2015, 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. 3.2Annual 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. 3.3Annual 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 SBISS South Bay Region Node MOUAgreernent u4.0 Page 27 of 37 collected and expended by the South Bay Region Node in support of the COPLINK project. 3.4 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. 3.5Flnancial 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 January 1, 2015, the Santa Clara County Sheriffs Office will use the funds received from grant awarded by the U.S. Department of Homeland Security. After January 1, 2015, the Member Agencies shall be responsible for paying for those costs related to maintenance and upgrades to the system unless covered by grant funding. No Member Agency shall be responsible for funding the activities of any other Member Agency. 3.6 Payment Schedule Homeland Security Grant Program: The UASI grants from the U.S. Department of Homeland Security has paid 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. Additional Homeland Security grant funding has been secured with Fiscal Years 2010, 2011, 2012 and 2013 funding related to sustainment and enhancements to the sharing system. Please refer to cost sharing allocation tables below. Table 1 is the current cost sharing model applicable to the "Original Member Agencies" and "University Police Member Agencies ", while Tables 2 and 3 apply to "New Member Agencies„ that consist of the SBISS Region Probation Departments from Santa Clara, Santa Cruz, Monterey and San Benito counties. SBISS South Bay Region Node MOU Agreement_v.4.0 Page 28 of 37 Table 1 Agency 2010 Population % of Total Population Cost Allocation Years 2, 3, & 4[2] Cost Allocation Starting Year 5[3] (Jan 1, 2013} Santa Clara Countv:::::., Campbell PD 39,349 2.16% $ 1,198.61 $ 3,576.91 Gilroy PD 48,821 2.68% $ 1,487.14 $ 4,437.93 Los Altos PD 28,976 1:59% $ 882.64: $ 2,633.98 Los Gatos PD plus Monte Sereno 32,754 1.80% $ 997.72 $ 2,977.41. Milpitas PD 66,790 3.67% $ 2,034.50 $ 60071.35 Morgan 1-11111 PD 37,882 2.08% $ 1,153.93 $ 3,443.55 Mountain View PD 74,066 4.07% $ 2,256.13 $ _ _ _ __6,732.76 Palo Alto PD 64,403 3.54% $ 1,961.79 $ 51854.37 San Jose PD 958,966 52.68% $ 29,211.17 $ 87,172.06 San Jose State Univ PD 24,048 132% $ 732.53 $ 2,186.01 Santa Clara PD 116,468 6.40% $ _ 3,547.74 $ 10,587.19 Sheriff Unincorporated plus: (Cupertino;Saratoga, Los Altos Hills) 187,747 10.31% $ 5,718.98 $ 17,066.60 Sunnyvale DPS 140,081 7.70% $ 4,267.02 $ 12,733.66 Total Santa Clara County 1';$20;35:00 Capitola PD 9,918 4.02% $ 302.11 Santa Cruz Pit 59,946 24.28% $ 1,826.02 $ 6,991.29 Scotts Valley (11,580 population) 0 0.00% $ - Sheriff 125,831 50.97% $ 3,832.95 $ 14,675.22 Watsonville PD .51,199 20.74% $ 1,559.58 $ 5,971.16 Total Santa Cruz County 246 894 "' X00% Montere Coun Carmel PD 3,722 0.88% $ 113.38 $ 625.26 Del Rey Oaks - (1,624 population) 0 0.00% $ - $ -. Gonzales PD 8,187 1.94% $ 249.39 $ 1,375.33 Greenfield PD 16,330 3.87% $ 497.43 $ 2,743.26 King City PD 12,874 3.05% $ 392.16 $ 2,162.69 Marina PD 19,718 4.68% $ 600.63 $ 3,312.41 _ Monterey 27,810 6.60% $ 847.12 $ 4,671.78 Pacific Grove 15,041 357% $ 458.17 _ $ 2,526.72 Salinas 150,441 35.70% $ 4,582.60 $ 25,272.45 SBISS South Bay Region Node MOU Agreemenl_v.Q.O Page 29 of 37 . e Sand City 334 0.08% $ 10.17 $ 56.11 Seaside 331025 7.84% $ 1,005.98 $ 5.547.84 Sheriff 1011208 24.02% $ 3,082.91 $ 17,001.84 Soledad 25,738 6.11% $ 784.01 $ 4,323.70_ California State University Monterey Bay 7,000 1.66% $ 213.23 $ 1,175:92 Total Monterey County 421;428:00. ... 100 %. .$ ,.12,837 17 $ 70,795 :32 Year 3 -Host Site Costs Paid for by each Probation Dept.) San Benito County:;;::; .'. :: ;. '.....:.: 2100.00 Year 3- License Maintenance Costs Shared by Participating Probation Depts.) $ 12,935.00 Hollister 34,928 64.98% $ 1,063.95 $ 7,770.26 Sheriff 18,821 35.02% $ 573.31 $ _ 4,187.02 Total San Benito County Total aniival_.maintenance all counties :. Table 1 Notes: [1) The population is based on the 2010 census data and will provide the basis for initial cost sharing along with agency sworn counts. Percentages in table 1 are determined by the.totai covered population for respective agency as a portion of total County population. Sworn counts are based on California POST Statistics for Current Employed Full -i:me Sworn and determine SBISS license costs as a;percentage of total State sworn counts. [2) Cost allocation Years 2, 3, and 4 represent: Year 2: (10 /01 /11 to 9/30/12), Year 3: (10/01/12 to 12/31/13), and Year 4: (01/01/14 to 12/31/14. The expenses allocated during these periods include but are not limited to the Host and Resource. Annual costs associated with a .5 FTE Information Systems Staff. [3) Cost allocation begins in Year 5 — January. 1, 2015. The expenses allocated during this period include but are not limited to the COPUNK annual software and Integration Services Mintenance & Technical Support license fee and the Host and Resource Annual costs that include network hardware, Internet Services maintenance and the costs associated with a .5 FTE Information Systems Staff. Table 2. e SMRA MODULE Cost $.99 500.00: Paid with Grant Funding) Grant Funded Integration Cost ($37,672.00: Paid with Grant Funding) Grant Funded SUBTOTAL ($137,172.00) Grant Funded Year 1- Host Site Costs Paid for by each Probation De $ 2,100.00 Year 1- License Maintenance Costs Divided by Participating Probation Depts.) Grant Funded Year 1- Integration Maintenance Costs (Paid for by each Probation Depta Grant Funded Year 2- Host Site Costs Paid for by each Probation Dept.) $ 2,100.00 Year 2- License Maintenance Costs Shared by Participating Probation De ts. Grant Funded Year 2- Integration Maintenance Costs Paid for by each Probation Dept.) Grant Funded Year 3 -Host Site Costs Paid for by each Probation Dept.) $ 2100.00 Year 3- License Maintenance Costs Shared by Participating Probation Depts.) $ 12,935.00 Year 3- Integration Maintenance Costs Paid for by each Probation Dept.) $ 4.897.361 SB1SS South Bay Region Norte MOU Agreernent_v.4.0 Page 30 of 37 [Item 1]: Probation Module (Grant Funded) $ 99,500.00 [Item 2]: Probation Integration Costs for Each Department (Grant Funded)' $ 37,612.00 [item 3]: Software Incense Annual Maintenance (@ 13 %) $ 12,935.00 [item 4]: Integration Annual Maintenance (@ 13 %) $ 4,891._36 Santa Clare County- Probation Year 1 [aj :.; .:: Year 2 [b) Year 3 [c] Cost Details Host Site $ .:2;100.00. $ 2,100.Q0. $:: 2,100.00 $ 2,100.00 Software Maintenance .__..:: _ ......: Grant Funded . .Grant Funded :..:3;233.75: $ 3 ;233.75 , Integration :Maintenance ....: Grant Funded Grant Funded : 4,99 .86: 4.89736 Total - Santa Clara County (grant coverage ...:: .lintel 6%3011S) ..:.: Santa Cruz County - Probation : Year :1 {aj Year 2 [bj r Year 3 [c] Cost Details .2,106.00. $ . 2;100.00. $ 2,1Q0.0o Software Maintenance Grant Funded;:. Grant Funded.'.:. $ .:: :3;233;7S _ $ 3,233.75 . Integration Maintenance :: . :....:::: ::. _- Grant`Funded .: :: Grant Funded `4 897.36 4,897.36 Total- Santa Cruz County .{ grant :coverage... til6 %j15) $ 2,300.00 $ 2:100:Q0' .. $ ,10,231,11 $ 10,231.11 Y County Montere Caun - Probatton Year 1 [a] :.: .: Year 2 b .. [ ] Year 3 [cj' Cost De taiiis Host 5tte ;: $ ....2;100.00:.. $ , 2;100.Ob $...: _2,100;00: $ 2,100.00 Softv+rate V a]ntenance , Grant Funded Grant Funded . $ : :. 3,Z33:T5' $ 3 ;233:75 Integration Maintenance : : Grant Funded Grant.Funded:. 4 99236 : _S 4,897.36 Total - :Monterey County (grantcoveraO 4n't'il...: ` 2,100 -- $ 10,231.11 San.;Bemto County = �ro6atlon Year 2 [b] . :Year 3 [c] Cost. Details ...:.2,100.00 $ 2,100.00 Software Mainterranr a GrantFunr ed : Grant Funded $ 3,233.75 Integration Main #enance : ... Granf Funded.: Grant'Funded :4`897.36 _ .4897.36 Total -San l3enito Coun#y.(grahtcoverage;.:: ;' .`.; 1 ritil5130/15) $ :2;70000 - $ 2,100A0:.. $_10,231.11 . $ 10,231.11 [a] Year 1 (7/01/13 - 6/30/14): Host site costs apply during year one and commence after implementation is complete. [b] Year 2 (7/01/14 - 6/30/15): Grant Funding for software and integration maintenance. Excludes host site costs. [c] Year 3 (7/01/15 - 6/30/16): To include software and integration maintenance along with host site costs. [Item 3] Should a Probation Department determine not to continue after the completion of one year, then the remaining Departments would be responsible for sharing licensing costs for item 3. SBISS will plan to include the above costs for all future grant requests excluding host site costs. ".Dote: Annual Billing: Billing invoices related to host site costs will be sent during the last quarter of the first year. After the successful implementation of the module and integration of the final probation case management system, the maintenance cycle will commence. After the first annual cycle completes, Probation Departments will be responsible for sustainment of the probation module, and datasource Integration maintenance. Currently host site costs SBISS Sotah Bay Region Node UOU Agreeinent —v.4.0 Page 31 of 37 have not been eligible for grant funding coverage and as a result, member agencies have had to Include these costs as part of their annual budgets. Table 4 Annual Support District Attorney Sworn Count *Network, Administration and Training Resource Hours Annual Su ort. Agency A 1 -19 10 $ ' ::..::: ; :. ,afl32.:70 Agency B 20 -30 .20 $ :.;'.::.:....::7,065:40 Agency C 31 -50 30 Agency O _ __ 50 plus 50 $ : 5,163.50 *Account creation and administration, network connectivity and security, training and travel, and hone support. 3.7 Agency annual maintenance costs for items not covered by the grant will begin at the soonest on July 1, 2010. 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. 3.8 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, sworn counts (Table 5), and member population computation or other on -going cost computation as determined by the South Bay Region Node Board of Directors. Member Agency population was based on the 2010 U. S. Census and will be updated to reflect the 2010 U.S Census numbers. Including sworn counts, the cost allocations for each police department and Sheriffs Office will reflect the 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. Additionally, the District Attorney member agencies will have cost sharing allocations specific to their agencies and are reflected in above tables 4 and 5 respectively. The other exception is for all University Police Departments as their allocations will be based on.campus populations. SBISS South Bay Region Node MU U Agreement v.4.0 Page 32 of 3 7 Table 5 .... ) )Y Gt ✓.c �",u. :. Cam' belt. �; ... ' .:..:. Id 41 14 CSUM6ht6ee :8a ;;:;`:; Giiro ... ,. : ;:. ;. ; :: ; .:. 59 :Greenfield:PD .: .::...... .... 14 of : Altos :.:.: .:::.............. . 30 34 Monterey PD:..:, .:. Los Gatos ` -, : .. Moriterey:SD,::.:..:.:` :,: 38 Pacifi 16 Salinas 148 75 10 Mo an Hii6 : Soiedad PD 36 Moun aln View 95 79 San:JOSe:.:.'':..:::; :.:..::. :: :::: :::.. .:.: 1045 ..San Jose Univ.Pn :` :.::::.:.i::: `. ` .::.:::. ,;:: 27 Santa Cfara.PD ,.. :..:. ..;:. ^` ..::.:..::` :; t34 Santa :Clata :SO:: :. :.: ::::;;::::, :.... _,.:;;j;: 453 ::.Senn :.,ale ::::.:.:._;. :.;r:. ,::.. : ...:::::: : :.:.. 200 _. L ` y 'dFY) 11 Ti+l� !f" ,✓1i -S' lU S))t ) )Y Gt ✓.c �",u. �; ... ' .:..:. Id 14 CSUM6ht6ee :8a ;;:;`:; 15 :Greenfield:PD .: .::...... .... 14 #Gng City.PD;..::: `:` ; ..: ::::,. ;:....:::" ` 15 DPS... ;`:.;.;::;; :: ::.: 34 Monterey PD:..:, .:. 48 Moriterey:SD,::.:..:.:` :,: 287 Pacifi 16 Salinas 148 Sand,City PD . 10 37 Soiedad PD 16 Total POST Statistics Current Employed Full -Time. Sworn: thttp:ftwww.post. ca.gov/Data/Sitesti /post_does/hiring /le- employment- stats.pdf 21 3331 SBISS Sornh Bav Region Node MOU Agreement v.4.0 Page 33 of 37 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 COPLINK. I AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AND UNDERSTAND THAT VIOLATION OF ANY OF THE TERMS AND CONDITIONS MAY LEAD TO DISCIPLINARY ACTION AND OR CRIMINAL PROSECUTION Signature Date Print Name SBISS Sown Bay Region Node MOU Agreernenl v.4.0 Page 35 of 37 r' a Appendix Table of Contents I. Policies and Procedures 1. South Baylnformation Sharing Svstem ALPR Policies and Procedures; Incorporated 8/29/13 SBISSSarah Ay Region Node MOUAgreernemt VAO Page 37 0%37 South Bay Information Sharing System System Use Policy September 20, 2013 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. Page 10 of 17 Signature Date Printed Name and Title - L( ', "/AJA i� I Signature Da e Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title • Signature Date Printed Name and Title Signature Date Printed Narne and Title • Signature Date Printed Name and Title Page 10 of 17 South Bay Inforination Sharing System System Use Policy September 20, 2013 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. Page 10 of 17 Signature Date Printed Name and Title Signature Date Printed Name and Title Signature . Date Printed Name and Title T uL o u Nl t S 14 cr o r r"ot' c C Signature Date Printed Name and Title • Signature Date Printed Name and Title Signature Date Printed Narne and Title Signature ' Date Printed Name and Title Page 10 of 17 South Bay Information Sharing System System use Policy September 20, 2013 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 fide Signature — — — Date Date Printed Name jand Title Q Date 411i / A Printed Name and Title �C'0r —JL �� iZ) 01"4 -7a- Signature - - -- -- - -_ Date Printed Name Signature - Date Printed Name and Title Printed Name and Title Page 10 of 17 Date South Bay Information Sharing System System Use Policy September 20, 2013 counterparts, each of which together will constitute one original will be kept on file Sheriff. For all other purpo originals. will be deemed an original, but all of which and the same instrument. A complete with the Santa Clara County Office of the ses, facsimile signatures are acceptable as Pagel 0 of 17 Signature g Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date � Printed Name and Title • - Signature J Date Printed Name and Title p(a Cf Signature Date Printed Name and Title • Signature Date Printed Name and Title Pagel 0 of 17 South Bay Information Sharing System System Use Policy September 20, 2013 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. Page 10 of 17 South Bay Information Sharing System System Use Policy j i Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Tale Signature I Date Printed Name and Title Signature -- Date Printed Name and Title Signature Date Signature I Date Page 11 of 17 South Bay Information Sharing System System Use Policy September 20. 2013 \j /! Page 11 of 17 Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date I, i�ifi:r= lotycr:ra� +ir -ro( Printed Name and Title Signature r, FD) Date Printed Name and Title �nrrtF:,Cc)i =n , oJil' Signature IDiistaai.I Date t'li'rr`r Printed Name and Title Signature Date Printed Name and Title Signature icl3e�r�tFAy IMM'.t -:.ili ajw Date P rots Name and Title :.XvIfit A& 3 Signature G ' -? Date +ol�iiM 1Ti �- Printed Name and Title \j /! Page 11 of 17 'Sq.0_th'BaY.lnfd"otfbn Sharing System -Sysiem, Use PO licy Se'Ote'v- iUr- 20, 2013 signature — Date Printed Name and Title Signature Date -Printed Name and Title Signature Date Printed Name and Title Printed Name and Title, Signature Date Printed Name and Title Page 11 of 15 South Bay Information Sharing System System Use Policy September 20,_2013 Page 12 of 17 South Bay Information Sharing System System Use Policy Page 12 of 17 Signature Printed Name and Title Date Signature Printed Name and Title Date I Signature Printed Name and Title Date �D V ` r� Signature' Printed Name and Title Date Signature Printed Name and Title Date Signature Printed Name and Title Date Page 12 of 17 South Bay Information Sharing System System Use Policy Seplelnbe)- 10, 2013 Page 12 of 17 ' Capitola PD Date Printed Name and Title i I Signature Santa Cruz PD i Date Printed Name and Title Santa Cruz County Signature District Attorney's Date Office Printed Name and Title Santa Cruz County Signature Sheriff's Date Office Printed Name and Title University California, o Signature Santa Cru Date Police Departmen _ Title and Watsonville Signat re Sign- PD Date Printed Name and Title Page 12 of 17 South Bay Information Sharing System Page 13 of 17 South Bay Information Sharing System System Use Policy 2013 Page 13 of 17 Signature Pri d - -- Date ' a Printed Name and Title Date . Signature Printed Name and Title Date Signature Printed Name and Title Date . * Signature Printed Name and Title Date Signature Printed Name and Title Date Signature Printed Name and Title Date Page 13 of 17 South Bay Information Sharing System System Use Policy September 20, 2013 Page 13 of 17 Signature . Date Printed Name and Title . Signature ' Date Printed Name and Title Signature Date Printed Name and Title 16;-2e-,1z- Signature Date Printed Name and Title Signature Date Printed Name and Title . Signature Date Printed Name and Title Signature . Date Printed Name and Title l Page 13 of 17 South Bay Information Sharing System System Use Policy September 20, 2013 Page 13 of 17 (�;aar,ral�,il Signature Printed Name and Title Date IPtaIJ I,t'j) Signature Printed Name and Title Date r�tniYt:.ihl < >Irl�) Signature Printed and Title Date (C)K *IIiIial o) Name Signature Printed Name and Title - P.1� Date ,-. 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Title Page 14 of 17 South Bay Information Sharing System System Use Policy September 20, 2013 Page 14 of 17 • Signature ' Date Printed Name and Title Signature . Date Printed Name and Title Signature . Date Printed Name and Title . Signature • _ Date Printed Name and Title • Signature • - Date Printed Name and Title • Signature • • • Date Printed Name and Title • Signature Date Printed Name nd Title Z - v (S Signature • - • Date Printed Name and Title gRi L 5 r(. C 4i iy— Gr— Ci f.!P-- Page 14 of 17 South Bay Information Sharing System System Use Policy �UL3 Signature Fgur�rtvjen Director Date Printed Na&BV Land Support Services Signature Date Printed Name and Title Signature I Date Printed Name and The Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Page 15 of 17 South Bay Information Sharing System System Use Policy LU, -1U1.3 Signature V \ ,Y \j \--I Date Printed Name and Title \J,� , &-, � V,, Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Page 15 of 17 soclih Flay 111forrnatiorl sharhig sysiow System Use Policy Seplember 20, 2013 Page -15 of 17 Hollister PD Date Printed Narne { San Benito County Signature Sheriff's Date Office Printed - and Title Santa Clara County Signature District Attorney's Date Office Printed Name and Title Santa Cruz County Signature District Attorney's Date Office Printed- _ Monterey County Signature District Attorney's Date Office Printed San Benito County Signature District Attorney's Date Office University of Signature California, Date Santa Cruz PD Printed Narne and Title Page -15 of 17 South Bay Information Sharing System System Use Policy Lu/J Signature Norberto Duenas Deputy City Managcr Signature Date Date C, - S - l t( Printed Name and Title LARR`( F-5zPwysL. I OL -kc-£ C-A, a Approved sass o Form Si nature. 11A Date ( Printed Name and Title ��'"f- Page 17 of 17 South Bay Information Sharing System ALPR Policies and Procedures GOALS OF THE SOUTH BAY INFORMATION SHARING SYSTEM The South Bay Information Sharing System ( SBISS) was established to maximize the sharing of data and communication within the South Bay region while maintaining the confidentiality of privileged or otherwise protected information shared throughout the system. Currently, the Sheriff's Office is the collection point for data that is vital in the information sharing, analysis and dissemination of criminal threat information. AUTOMATED LICENSE PLATE READER (ALPR) TECHNOLOGIES To support authorized law enforcement and public safety purposes of local, state, and regional public safety agencies, the SBISS utilizes ALPR technology, and supporting software, to gather and analyze ALPR data to enable the rapid identification and location of vehicles of legitimate interest to law enforcement. ALPRs are attached to Law Enforcement vehicles or deployed at fixed locations, to collect license plate information from vehicles on public roadways or property. In one common use of ALPR technology, license plate encounters are compared against law enforcement "hotlists" — lists of vehicles associated with active investigations, for example, related to Amber Alerts or other missing children, stolen vehicles, or stolen license plates. The information is also retained for a fixed retention period, though it is only accessible by law enforcement given a legitimate law enforcement purpose as listed below. Purpose This document defines a minimum set of binding guidelines to govern the use of Automated License Plate Reader Data (ALPR Data), in order to enable the collection and use of such data in a manner consistent with respect for individuals' privacy and civil liberties. ALPR AUTHORIZED USES To support the mission of the South Bay Information Sharing System, sworn law enforcement, analysts, or support personnel will utilize ALPR technology to: • Locate stolen, wanted, and subject -of- investigation vehicles; • Locate and apprehend individuals subject to arrest warrants and otherwise lawfully sought by law enforcement; SBISS ALPR Policies and Procedures 031616 Page 1 South Bay Information Sharing System ALPR Policies and Procedures • Locate witnesses and victims of violent crime • Locate missing children and elderly individuals, including responding to Amber and Silver Alerts; • Support local, state, federal, and regional public safety departments in the identification of vehicles associated with targets of criminal investigations, including investigations of serial crimes; • Protect participants at special events; and • Protect critical infrastructure sites RESTRICTIONS ON COLLECTION OF ALPR DATA AND USE OF ALPR SYSTEMS SBISS ALPR units may be used to collect data that is within public view, but may not be used for the sole purpose of monitoring individual activities protected by the First Amendment to the United State Constitution. ALPR operators may not contact occupants of stolen, wanted, or subject -of- investigation vehicles unless the ALPR operators are law enforcement officers. ALPR operators must rely on their parent agency rules and regulations regarding equipment, protection, self - identification, and use of force when stopping vehicles or making contact. ALPR operators must recognize that the data collected from the ALPR device, and the content referenced hotlists, consists of data that may or may not be accurate, despite ongoing efforts to maximize the currency and accuracy of such data. To the greatest extent possible, vehicles and subject information will be verified from separate law enforcement information sources to confirm the vehicle or subject's identify and justification for contact. Users of ALPR Data must, to the fullest extent possible, visually confirm the plate characters generated by the ALPR readers correspond with the digital images of the license plate in question. All users of ALPR equipment or accessing ALPR Data are required to acknowledge that they have read and understood agency policy prior to use of the ALPR system. In no case shall the ALPR system be used for any purpose other than legitimate law enforcement or public safety purpose. SB1SS ALPR Policies and Procedures 031616 Page 2 South Bay Information Sharing System ALPR Policies and Procedures TRAINING Only persons trained in the use of the ALPR system, including its privacy and civil liberties protections, shall be allowed access to ALPR Data. Training shall consist of ■ Legal authorities, developments, and issues involving the use of ALPR Data and technology • Current Agency Policy regarding appropriate use of ALPR systems; • Evolution of ALPR and related technologies, including new capabilities and associated risks; • Technical, physical, administrative, and procedural measures to protect the security of ALPR data against unauthorized access or use; and • Practical exercises in the use of ALPR system Training shall be updated as technological, legal, and other changes occur that affect the use of ALPR systems. Audit Access to, and use of, ALPR Data is logged for audit purposes. Audit reports will be structured in a format that is understandable and useful and will contain, at a minimum: • The name of the law enforcement user; • The name of the agency employing the user; • The date and time of access; • The activities executed, including any license plates searched for; • The supplied authorized law enforcement or public safety justification for access; and • A case number associated with the investigation effort generating the ALPR data query. Audit reports will be provided periodically and on request to supervisory personnel at the SBISS host and partner agencies. In addition, no less frequently than every 12 months, SBISS will audit a sampling of the ALPR system utilization from the prior 12 month period to verify proper use in accordance with the above authorized uses. Any discovered intentional misconduct will lead to further investigation, termination of system access, and notification of the user's parent agency for appropriate recourse. In addition, the auditing data will be used to identify systemic issues, inadvertent SBISS ALPR Policies and Procedures 031616 Page 3 South Bay Information Sharing System ALPR Policies and Procedures misuse, and requirements policy changes, training enhancements, or additional oversight mechanisms. The ALPR audits shall be conducted by the SBISS Project Manager other than the person assigned to manage the SBISS ALPR function. Audit results shall then be reported to the Director of Information Systems. DATA QUALITY AND ACCURACY The SBISS agencies will take reasonable measures to ensure the accuracy of ALPR Data collected by agency ALPR systems. Errors discovered in ALPR Data collected by agency ALPR units are to be marked, corrected, or deleted in accordance with the type and severity of the error in question. Errors discovered in ALPR Data collected from partner agencies' ALPR systems are communicated back to the controlling agency to be addressed as deemed appropriate by that agency or in accordance with the agency's own ALPR data policies. As the downstream custodian of "hodists ", the SBISS host will provide the most recent versions of these lists available and ensure the lists are refreshed from state or federal sources on a daily basis. The SBISS agencies acknowledge that, in rare instances ALPR units may inadvertently capture information contrary to the collection guidelines set forth in this policy. Such records will be purged upon identification by agencies and or SBISS host. Any discovered notable increase in frequency of these incidents from specific ALPR units or agencies will be followed up with for equipment repairs, camera realignment, or personnel training as necessary. PHYSICAL AND ELECTRONIC SECURITY OF ALPR DATA: Data collected by ALPR systems is stored in a secured law enforcement facility with multiple layers of physical security and 24/7 security protections. Physical access is limited to law enforcement staff in good standing who have completed background investigations and possess an active law enforcement security clearance. SBISS will utilize strong multi- factor authentication, encrypted communications, firewalls, and other reasonable physical, technological, administrative, procedural, and personnel security measures to mitigate the risks of unauthorized access to the system. RETENTION OF ALPR DATA: ALPR Data collected by and shared from partner agencies' ALPR units shall not be retained longer than specified by the partner agency who is the custodian of the record. Once the retention period has expired, the record will be purged entirely from all active and backup systems unless a reasonable suspicion has been established that the vehicle identified by the ALPR is connected to criminal activities. ALPR records matching an entry in a current law enforcement hotlist will trigger an immediate SBISS ALPR Policies and Procedures 031616 Page 4 South Bay Information Sharing System ALPR Policies and Procedures notification to the officer operating the ALPR unit, the custodial agency of the hotlist and any agency utilizing the dispatch feature of the application. Such notifications are also subject to a maximum retention of the custodial agency. ALPR Data obtained with license plate information not appearing on hotlists, and with no immediate reasonable connection to criminal activity, will be retained in secure systems so as to only be made accessible to authorized personnel for a maximum period corresponding to the SBISS agency policy, then purged entirely from the ALPR system. If during the specified retention period there is information which supports a legitimate law enforcement purpose (see above section enumerating AUTHORIZED PURPOSES, COLLECTION, AND USE OF ALPR DATA) as to a license plate or partial license plate which was recorded and is retained in these systems, then limited access will be permitted for predicate -based querying for potential matches against the parameters specific to the legitimate law enforcement purpose. Such events shall be recorded in an access log showing date, time, name of person seeking access, agency of employment, reason for access, and tracking identifiers such as an agency case number. CUSTODIAN OF RECORDS AND RECORDS REQUESTS Each agency operating ALPR technology retains control and ownership as the official custodian of its records, and must independently verify all external information obtained via SBISS Information Systems. To the extent permitted by law, requests for information under the California Public Records Act or Freedom of Information Act or similar applicable laws will be directed back to the owner /custodian of the requested data. SYSTEM MANAGEMENT AND ACCOUNTABILITY ALPR Agencies within SBISS will assign Badge personnel who will have responsibility, and be accountable, for managing the ALPR Data collected and ensuring that the privacy and civil liberties protection and other provisions of this ALPR Policy are carried out. This individual shall also be responsible for managing a process for maintaining the most current and accurate hotlists available from their respective ALPR systems. This individual shall also have the responsibility for the security of the hottest information and any ALPR Data which is maintained by the SBISS. It remains, however, the personal responsibility of all authorized personnel with access to ALPR Data to take reasonable measures to protect the privacy and civil liberties of individuals, as well as the security and confidentiality of ALPR Data. SBISS ALPR Policies and Procedures 031616 Page 5 South Bay Information Sharing System ALPR Policies and Procedures DISSEMINATION Agencies may disseminate their own ALPR data to any governmental entity with an authorized law enforcement or public safety purpose for access to such data. The SBISS host assumes no responsibility or liability for the acts or omissions of other agencies in making use of the ALPR data properly disseminated. Though the agencies will make every reasonable effort to ensure the quality of shared ALPR Data and hotlists, SBISS agencies cannot make absolute guarantees of the accuracy of the information provided. POLICY REVISIONS SBISS ALPR Policies will be reviewed, and updated as necessary, no less frequently than every 12 months, or more frequently based on changes in data sources, technology, data use and /or sharing agreements, and other relevant considerations. The most current version of the ALPR Policy may be obtained from the Santa Clara County Sheriff's Office website at httn: / /www.sccsheriff.scc og v.org SBISS ALPR Policies and Procedures 031616 Page 6