2 - SBISS South Bay Region Nodepow" of MEETING DATE: 3/15/10
- - ITEM NO:
~,.u,~. ~
!pS•Gp.~OS COUNCIL AGENDA REPORT
DATE: March 5, 2010
TO: MAYOR AND TOWN COUNCIL Z.
FROM: GREG CARSON, TOWN MANAGER .~G~~/
SUBJECT: AUTHORIZE THE TOWN MANAGER TO SIGN THE MEMORANDUM OF
UNDERSTANDING FOR THE SOUTH BAY INFORMATION SHARING SYSTEM
(SBISS) SOUTH BAY REGION NODE
RECOMMENDATION:
Authorize the Town Manager to sign the Memorandum of Understanding for the South Bay Information
Sharing System (SBISS) South Bay Region Node
BACKGROUND:
Public Safety agencies in Santa Clara County and Santa Cruz, San Benito and Monterey counties are
seeking to share information between individual police departments to address homeland security and
local crime issues. A memorandum of understanding has been created between all agencies in these four
counties which will create a South Bay Information Sharing System (SBISS). Los Gatos desires to
participate in this partnership and must sign the memorandum of understanding to be able to share
information.
DISCUSSION:
Law enforcement agencies typically collect and maintain information within their jurisdiction in their
privately held records information systems. Increasingly, agencies are utilizing new technologies to pool
and share their data with other law enforcement agencies to solve crimes and increase the ability to
identify threats to homeland security. These technology solutions can be expensive and have previously
prohibited agencies in Santa Clara County and neighboring counties from embarking on an information
sharing partnership.
PREPARED BY: SCOTT R. SEAMAN, ~ ~
CHIEF OF POLICE
\\pdfsl\users\sseaman\My Documents\SVRIP\CopLink Council Report.doc
Reviewed by: ~~ Assistant Town Manager own Attorney
Clerk Administrator ~ Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Authorize the Town Manager to Sign the Memorandum of Understanding for the South
Bay Information Sharing System (SBISS)
March 5, 2010
Funding from the federal government and the State of California has recently been provided specifically
to the Santa Clara County Sheriff's Department, acting on behalf of all law enforcement agencies in the
counties of Santa Clara, Santa Cruz, San Benito and Monterey to create a regional node or hub for
information sharing. The specific technological solution is provided by a commercial entity, Knowledge
Computing Corporation through their commercial product, CopLink. This funding follows State of
California funding of licensing of the CopLink product for all California law enforcement agencies.
Through these two funding efforts, and parallel funding of law enforcement agencies in the other
counties around the San Francisco Bay Area, Los Gatos and its surrounding agencies will soon have
access to a vast amount of important law enforcement information held by individual police departments
for the purpose of solving crime and preventing/addressing issues of homeland security. This
information has always been available to any police agency. The obstacle has been that the information
has not been automated, therefore it is not searchable. Access to the information required individual
calls to individual agencies. Under this new system, any agency will be able to query all agencies within
the four counties with a single inquiry. Once other nodes are connected through subsequent MOU's, any
agency will have access to data throughout the Bay Area and, eventually, throughout the state and
beyond.
As the lead agency under this funding initiative, the Santa Clara County Sheriff's Department has been
designated as the fiscal agent for the South Bay Information Sharing System (SBISS) and will host the
system. The Sheriff's Department has prepared a Memorandum of Understanding which has been
reviewed by all agencies/municipalities in each of the four counties. Individual city acceptance of the
memorandum of understanding is requested prior to March 31, 2010 so that the project can proceed to
collect data and create the information sharing system before the grant period expires in June of 2010.
The police department has been actively involved in the review of this technology and fully supports this
new information sharing initiative. This project has been coordinated through the Silicon Valley
Regional Interoperability Project (SVRIP), although SVRIP is not the project lead for this initiative due
to specific grant funding limitations.
Costs for licensing and maintenance are largely being born by the grant funding for the first three years
of the grant. There are no costs for Fiscal year 2009/10. The Town will have expenses estimated not to
exceed $1,372 for years two and tluee, Fiscal Years 2010/11 and 2011/12. An application is being
submitted for the 2010 Urban Area Security Initiative (UASI) federal funding cycle for two additional
years of funding to offset costs for FY's 2012/13 and 2013/14. Costs associated with this project will be
included in the police department's operating budget.
Authorizing the Town Manager to sign the memorandum of understanding making Los Gatos a partner
in the South Bay Information Sharing System (SBISS). This action will bring information from both Los
Gatos and Monte Sereno to the regional system and will grant Los Gatos access to the regional data. No
action will be required by the City of Monte Sereno to participate in this system as their data is compiled
and retained by the police department.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: Authorize the Town Manager to Sign the Memorandum of Understanding for the South
Bay Information Sharing System (SBISS)
March 5, 2010
CONCLUSION:
Staff recommends that the Manager be authorized to sign the memorandum of understanding.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
No impact for Fiscal Year 2009/10. For FY 2010/11 and 2011/12, staff estimates costs of approximately
$1,372.00.
A1t~chment~~
1. Memorandum of Understanding
2. "Exhibit A" Share of Cost Agreement
3. "Exhibit B" South Bay Information Sharing Agreement Coplink System Use Agreement
Distribution:
Brian Lowenthal, City Manager, Monte Sereno
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
day of 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
^ 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:
^ 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
^ 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
SBISS South Bay Region Node MOUAgreement Updated: 1/19/2010
^ San Benito County Sheriff's
Office
Page 1 of 29
Attachment 1
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:
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 COPLINK: 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 COPLINK.
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 MOUAgreenzent Updated: 1/19/2010 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 100,
Tucson, Arizona 85710, 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 and
renewed every three years. It 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
SBISSSozzth Bay Region Node MOUAgreeznent Updated: 1/19/2010 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 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.
3.1.1.6 One Director shall be appointed by the Santa Cruz
County Police Chiefs Association from its membership.
3.1.1.7 One Director shall be the Monterey County Sheriff.
3.1.1.8 One Director shall be the Chief of the Salinas Police
Department.
3.1.1.9 One Director shall be appointed by the Monterey
County Police Chief's Association from its membership.
3.1.1.10 One Director shall be the San Benito County Sheriff.
3.1.1.11 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 Meetings: The Board shall hold at least two regular meetings
each year and may schedule additional or special meetings as
necessary.
SBISS South Bay Region Node MOUAgreensent Updated: 1/19/2010 Page 4 of29
4 Committee and Working Groups
4.1 South Bav Region Node Technology 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 Bav Region Node Working 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 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
SBISS South Bay Region Node MOUAgreenaent Updated: 1/19/2010 Page 5 of 29
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 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,
SBISS South Bay Region Node MOUAgxeement Updated: 1/19/2010 Page 6 of 29
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 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 will sign MOU agreements
with other Coplink nodes for the purpose of expanding the Coplink
network.
SBISS South Bay Region Node MOUAgreenrent Updated: 1/19/2010 Page 7 of 29
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 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
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 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 MOUAgreement Updated: 1/19/2010 Page 8 of 29
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 Responsibility: 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 Funding: 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 Funding: 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 Agency Employees: Employees of a Member Agency working
for the benefit of the Node remain the employees of that Member
Agency.
SBISS Sozzth Bay Region Node MOUAgreenzent Updnted: 1/19/2010 Page 9 of 29
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
fully integrating the Member Agencies, future agencies and potential
future data sources.
The parties hereto execute this MOU as of the Effective Date.
SBISS South Bay Regron Node MOUAgreement Updated: 1/19/2010 Page 10 of 29
Santa Clara County Agencies:
City of Campbell
Daniel Rich
City Manager
City of Campbell
Date
Greg Finch
Chief of Police
City of Campbell
City of Gilroy
Date
Thomas J. Haglund Date
City Manager
City of Gilroy
Denise J. Turner
Chief of Police
City of Gilroy
Date
City of Los Altos
Douglas J. Schmitz Date
City Manager
City of Los Altos
Tuck Younis
Police Chief
City of Los Altos
Date
SBISS South Bay Region Node MOUAgreement Updated: 1/19/2010 Page I1 of 29
Town of Los Gatos
Greg Larson Date
Town Manager
Town of Los Gatos
Scott Seaman
Police Chief
Town of Los Gatos
Date
City of Milpitas
Thomas C. Williams Date
City Manager
City of Milpitas
Dennis Graham
Police Chief
City of Milpitas
Date
City of Morgan Hill
J. Edward Tewes
City Manager
City of Morgan Hill
Bruce C. Cumming
Police Chief
City of Morgan Hill
Date
Date
SBISS Soz~th Bay Region Node MOUAgreement Updated: 1/19/2010 Page 12 of 29
City of Mountain View
Kevin C. Duggan Date
City Manager
City of Mountain View
Scott S.G. Vermeer Date
Police Chief
City of Mountain View
City of Palo Alto
Jim Keene
City Manager
City of Palo Alto
Date
Dennis Burns Date
Police Chief
City of Palo Alto
City of San Jose
Debra Figone ~ Date
City Manager
City of San Jose
Rob Davis
Police Chief
City of San Jose
Date
SBISS Sozrth Bay Region Node MOUAg~•eement Updated: 1/19/2010 Pnge 13 of 29
City of Santa Clara
Jennifer Sparacino Date
City Manager
City of Santa Clara
Stephen D. Lodge
Police Chief
City of Santa Clara
County of Santa Clara
Jeffrey Smith M.D.
County Executive
County of Santa Clara
Laurie Smith
Sheriff
County of Santa Clara
City of Sunnyvale
Gary Luebbers
City Manager
City of Sunnyvale
Don Johnson
Director of Public Safety
City of Sunnyvale
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOUAgreement Updated: 1/19/2010 Page 14 of 29
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
Date
Date
Date
Date
County of Santa Cruz
Susan A. Mauriello Date
County Administrative Officer
County of Santa Cruz
Phil Wowak Date
Sheriff-Coroner
County of Santa Cruz
SBISS South Bny Region Node MOUAgreement Updnted: 1/19/2010 Pnge I S of 29
City of Watsonville
Carlos Palacios
City Manager
City of Watsonville
Date
Terry Medina
Police Chief
City of Watsonville
Monterey County Agencies:
City of Carmel
Rich Guillen
City Administrator
City of Carmel
Date
Date
George Rawson Date
Public Safety Director
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
SBISSSouth Bay Region Node MOUAgreement Updated: 1/19/2010 Page 16 of 29
City of Gonzales
Rene Mendez
City Manager
City of Gonzales
Paul D. Miller
Police Chief
City of Gonzales
City of Greenfield
Roger Wong
City Manager
City of Greenfield
Joseph Grebmeier
Police Chief
City of Greenfield
City of King City
Michael Powers
City Manager
City of King City
Nick Baldiviez
Police Chief
City of King City
Date
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOUAgreement Updated: 1/19/2010 Page 17 of 29
City of Marina
Anthony J. Altfeld
City Manager
City of Marina
Date
Edmundo Rodriquez Date
Chief of Police
City of Marina
City of Monterey
Fred Meurer
City Manager
City of Monterey
Timothy Shelby
Chief of Police
City of Monterey
City of Pacific Grove
Date
Date
Thomas Frutchet Date
City Manager
City of Pacific Grove
Darius E. Engles Date
Police Chief
City of Pacific Grove
SBISSSouth Bay Regron Node MOUAgreement Updated: 1/19/2010 Page 18 of 29
City of Salinas
Artie Fields
City Manager
City of Salinas
Louis Fetherolf
Police Chief
City of Salinas
Date
Date
City of Sand City
Steve Matarazzo
City Administrator
City of Sand City
Date
Michael Klein
Police Chief
City of Sand City
City of Seaside
Ray Corpuz
City Manager
City of Seaside
Stephen Cercone
Police Chief
City of Seaside
Date
Date
Date
SBISS South Bay Region Node MOUAgreenaent Updated: 1/19/2010 Pnge 19 of 29
County of Monterey
Lew C. Bauman Date
County Administrative Officer
County of Monterey
Mike Kanalakis Date
Sheriff
County of Monterey
City of Soledad
Adela P. Gonzalez
City Manager
City of Soledad
Richard Cox
Chiefi of Police
City of Soledad
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
SBISS Soatth Bay Region Node MOUAgreentent Updated: 1/19/2010 Pnge 20 of 29
San Benito County Agencies:
City of Hollister
Clint Quitter
City Manager
City of Hollisters
Jeff Miller
Police Chief
City of Hollister
Date
Date
County of San Benito
Susan Thompson Date
County Administrative Officer
County of San Benito
Curtis J. Hill Date
Sheriff-Coroner
County of San Benito
SBISSSoz~th Bay Region Node MOUAgreement Updnted: 1/19/2010 Page 21 of 29
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 COPLINK 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 MOUAgreement Updated: 1/19/2010 Page 22 of 29
Attachment 2
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 COPLINK 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 COPLINK.
1.10 COPLINK shall mean the information sharing and analysis software
licensed to the member agencies by KCC under the name GOPLINK.
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 COPLINK
project.
SBISS Sozrth Bay Region Node MOUAgreement Updated: 1/19/2010 Page 23 of 29
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 1 ~
rfg~ircj~ ~ ~ 'SOS /'r~pu/utrurt,
l.~zinxrte`' "~,u/T~,thl '-
~ P~,l,~rluttun - Cost~1llu~~utinn
` ~Yerirs 2 & 3~ Cu.~~t:~lllocatlonSiarfirig
Year 4'
SantaClai•a County
C~mpbcll 38,617 2.19'% $1,607.53 $4,663.68
.Gilroy 49,934 2.83% $2,077.31 $6,026.58
I_,osAltos 28,349 1.61% $1,181.?? `~'~.428.55
Los Gatos phis 32,92?. 1.87% ~t,372.6-} w3.982.23
Monte Sereno
\lilhita~ 67,503 3.83% ~~_,811.34 $8,156.12
iViorgan I I i,l I 38,096 ' 2.16°%a SJ ,585.51 $1,599:8.0 `
Mountain View 71,348 4.04% $2,965.48 $8,603.32
~ Table 1 represents the on-going cost allocations for the initial three year grant period beginning July 1, 2010 to
June 30, 2013.
z The population is based on the 2008 census data and will provide the basis for the initial cost sharing allocation.
' 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.
a Internet Services maintenance and technical support will begin in Year 4- July 1, 2012-June 30, 2013.
SBISS Soa~th Bay Region Node MOUAgreement Updated: 1/19/2010 Page 24 of 29
lg~ grey 2008Top'iilafiolt ~ % of,Totrrl `,` Cost Allocation
~ Cost Allocation ~Strn~ting
Estinrate~ Po ~rilatlon ~ Years 2 &
3~ Year 4`' '
Palo Alto ~~i..95 3.37% $2,473,68 $7,176.53
San Jose ~~-1.,,"?9 53.74", ~~~39,446.7~% $114,441.22
Santa Clara I I n?00 !6.25" ~, $4;587.n~i ';.$13,309.59
Sheriff 187,747 10.64% $7,810.0 $22,658.25
(Unincorporated plus
Cupertino,
Saratoga,
Los Altos Hills)
~ Sunnyvale, 13~.1[l~~ ;7.49% $5;497.89~~ X15;9,50.33 ~
Tot,-I Santa Clara 1,7G1.1~~'~ 100.02% $73,417.73 $212,996.09
County
Sang Cruz County
Capitola ~>,~> 12 . ~~3.97%~_ $ 399;77 $1,795.01
SuntaG~uz 56,124 23.19%, $2,335.20 `;10,485.23
Salts Valley 11,128 0 0 0.
Sheriff 125,831 51,99% $5,235.33 $23,506.99
1ti;}l ~ii~rille 50,41? >20:84% $2,i)9h.~1~ $9;422.69
Total Santa Cruz 242,009 99.99% $10,u68.86 $45,209.92
County
~~lunterey County
Carmel.: _ _ .;,~86 0.94%:` $ 163.41 ~ ' $1:070.7^
I )cl Rey Oaks 1,529 0.37% $ c, ;.v_; S -I ~ I .46
lirnz~il~~s 8,5.37 2.06%'r ~ $~:;~.'JI ~?,_;-k~.51
l~rc~~nllcld 15,222 3.,7%° $r,_~-1.(~); Sl,(S~i.44
hind C'itY : '1.1,627. , ~~)%. $ ~1S3J7 5;,189.44
_
Marina 17,91 ~ 1 ;~% $ ?-I~,._;8 `~ L'~~n.tt4
Monterey >27,7(i3 6.69% $1,155.,86 X7,620.47
Pa.cilic Grove 14,601 3.52% $ 608.16 $4,009.58
Salinas 143,640 '- 34.59% $5;976.24 $39,400':93
Sind City 361 11.U9% $ 15.55 $ ] i ~?.52
Seaside ~ ~~~7n7_;. _ `,.I .°~~ $1;406::38 ~ $9,2i2:15~
Sheriff I ~~ I.~uS ?1.3?"„ $4,210.49 $27,759.48
S~~ladad 28,1.1 ~.~7^„ ~ $1,169.0 ~-$7,711.60
i;aliforniaStatc ~ ~ 7,ODU ~ i.~~~°~' ~~$291.y9 $1~,~925.05
Universily~Monfere;
B~rY
', Total Monterey 415,238 100.02% $17,280.83 $113,931.21
County
__
San I~cnito County
Holit~rci~ '~ 34,413
Sheriff I t>.,~21
"Total San ~13enito :.' ~ ~, ~ 34
County
64,64"io- '~$1;4~09~ $12,622.11.
35.36% $ 782.,, $6,904.67
100.On"~„ $2,213.72 $19,526.78
$102,981.14 $391,664.00
SBISS South Bay Region Node MOUAgi~eement Updated: 1/19/2010 Page 25 of 29
Agettcy , 2048 N~pu(ntion~ °, ofTota! Cncr,~lilr~~ulii„t Cost Allocation Slrrr~tiag
~Estinrutr~ Pnt~ulatio~r l~rrrr.~ ~l ~~ Year 4'
Host ~~ Resin a rcc
Annual Costs
Network hardware $895.00
Internet $24624.00
Resources $77,445.00
Total Host & '- $]02,964.00
Resource Annual
Costs .. ,
Cojilink :\nnual
Software &
~
Integration`Segvices ~ ~ ~~.
,
Maintenance R
Su~tport
,Santa Clara County
Software '
~ ~ $57,643.13
~
Integration tiS I ,'!07.35
Total -Santa Clara ~ I3~?,~50.48
', County
'. ~Llll ill ~~rLIL (~OUnI~'
~ _ -
~ Sc~liwur~ $7,215.84
I Inic~,rai~,n ~ $27,928.73
Total -Santa Cru-r. $35,144.57
County
__
Monterey County
Soflware $16,146.77
integration q;~(1.484.30
Total -Monterey '•~'~i>;G31.07
C.ot,nty .
Sun 3ciitoCoun?v
Soflware
Flntegi ttion~ ,
Total -San Benito
County
Total Software &
Integration Annual
Costs -All Counties
x I ._>>i).42
$17,313.0
$288,639.17
2008 Population
Santa ClaraCouiity ~ 1,7~~ ~,,lc>~~ ?1.2~~°s
Santa Cruz County 242,009 9.78%
253,137 (less Scotts
Valley PD @
11,128)
Monterey;Gounty 415,238 16.78%
San Benito County 53,234 2.15%
.Total Population 2,474,980 100,00%
SBISS South Bay Region Node MOUAgreement Updated: 1/19/2010 Page 26 of 29
.ig~acy '2008Pcpulntintr
L'stitnatz~~ ~ " '%o~ 1«tal
Pp ~rrlatioir Cu~et tllocxrtiutt~
3'errr.e ~ ~~-3~ -~-CostAlloculiunStrit~titg
Fear J~ _~
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 MOUAgreement Updated: 1/19/2010 Pnge 27 of 29
EXHIBIT C
EMPLOYEE/VOLUNTEER 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 I
UNDERSTAND THAT VIOLATION OF ANY OF THE TERMS AND CONDITIONS MAY
LEAD TO DISCIPLINARY ACTION AND OR CRIMINAL PROSECUTION
Signature
Date
Print Name
SBISS South Bay Region Node MOUAgreement Updnted.• 1/19/2010 Page 28 of 29
Exhibit D
C®I'LINK
ANNUAL DATA AUDIT FOR DATA ACCURACY
Date Time Data Data Verified in
T pe Co link?
SBISS South Bay Region Node MOUAgreement Updated: 1/19/2010 Page 29 of 29
EXHIBIT B
SOUTH BAY INFORMATION SHARING SYSTEM
COPLINK SYSTEM USE AGREEMENT
I. OVERVIEW
a. Background: 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 COPLINK Solution Suite
("COPLINK"), a computerized system that was installed by, and is
currently maintained by Knowledge Computing Corporation ("KCC" or
"Contractor"), an Arizona Corporation.
c. Purpose of Policy: The purpose of the COPLINK System Use Agreement
("Agreement") is to outline the terms and conditions under which
participating agencies ("Agency" or "Agencies") will share and use
information in COPLINK and to detail various indemnifications,
relationships, and obligations among the Agencies and KCC.
d. Agency Participation: An Agency can apply to participate by submitting a
proposal to the SBISS Governing Board that outlines the Agency's
intended -use of COPLINK, 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 COPLINK. 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
Attachment 3
South Bay Information Sharing System
COPLINK 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. Agency Withdrawal: An Agency may withdraw their participation in
COPLINK 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 COPLINK 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 COPLINK.
11. AUTHORIZED RELEASE OF INFORMATION
a. Sharing of Information: Each Agency authorizes the release of
Information residing in COPLINK to all authorized users of COPLINK 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 COPLINK. 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 COPLINK.
California law prohibits the release of victim information to
unauthorized users in specific sex related crimes.
b. Limitation on Information Sharing: 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 COPLINK.
c. Liability: 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 COPLINK by that Agency, its officers,
agents or employees.
Page 2 of 13
South Bay Information Sharing System
COPLINK System Use Policy
~anl~a~y 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 COPLINK 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 COPLINK.
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.
Page 3 of 13
South Bay Information Sharing System
COPLINK 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
COPLINK. 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 COPLINK only to persons or
entities authorized to receive COPLINK information.
c. Unauthorized Requests: If an Agency receives a request for information
in COPLINK by anyone who is not authorized to receive information from
COPLINK, 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 COPLINK 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. Accuracy of Information: Agencies agree that the data maintained in
COPLINK 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 COPLINK. 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 COPLINK 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
Page 4 of 13
South Bay Information Sharing System
COPLINK System Use Policy
~anZ,~ry 19, aoro
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 COPLINK, 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. Login 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. Login Assignment: Each Authorized User will be issued a user login and
a default password by the Agency System Administrator. Upon logging
into COPLINK 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 .Agreement: 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 COPLINK. I agree to
comply with the terms and conditions and t 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 COPLINK, 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.
Page 5 of 13
South Bay Information Sharing System
COPLINK System Use Policy
January 19, 201 D
e. Limitations on Use of Logins: An Authorized User may not access
COPLINK 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 COPLINK 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.
COPLINK will require each Authorized User to input the reason for the
requested information before any information is generated. This
information shall be recorded on COPLINK, 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 Logins: 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 Confidentiality: Information in COPLINK 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
COPLINK. The information will otherwise be kept confidential.
b. Internal Requests for Information: An Authorized User who receives a
request from anon-authorized requestor for information in COPLINK
shall not release that information, but may refer the requestor to the
Source Agency.
c. Removal or Editing 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.
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South Bay Information Sharing System
COPLINK System Use Policy
January 19, 2010
VII. SYSTEM ACCESS
a. Network Access: Access to COPLINK 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 Availability: COPLINK 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 Sheriffs 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 COPLINK
hardware/software related problems.
If service interruption is due to software, the Sheriffs 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 Sheriffs Office IS staff will coordinate with AT&T.
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South Bay Information Sharing System
COPLINK System Use Policy
January 19, 2010
b. Sheriff's Office Administrative Responsibilities: The Sheriff's Office
shall be responsible for providing 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).
IX. 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
COPLINK. 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 COPLINK access for the
offending Agency. All disputes concerning access shall be determined
by a majority of the COPLINK Board.
Page 8 of 13
South Bay Information Sharing System
COPLINK 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
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Printed Name and Title
Signature
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Page 9 of 13
South Bay Information Sharing System
G®PLIIVK System Use Policy
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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 and Title Robert Griffin, President and CEO I
Signature Date
Printed Name and Title
Page 10 of 13
South Bay Information Sharing System
COPL/NK System Use Policy
January 19, 2010
~ Signature Date
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Page 11 of 13
South Bay Information Sharing System
COPLINK System Use Policy
ly, LUlU
Signature Date
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Signature Date
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Page 12 of 13
South Bay Information Sharing System
COPLINK System Use Policy
/S'. LU/U
Signature Date
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Signature Date
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Signature Date
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Page 13 of 13