South Bay Information Sharing System (SBISS)�pWN OF
X08 s�so4 COUNCIL AGENDA REPORT
DATE: JANUARY 21, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 2/3/14
ITEM NO: a
&-A /� �
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:
Since 2010, Public Safety agencies in Santa Clara County and Santa Cruz, San Benito and Monterey
counties share information between individual police departments to address homeland security and
local crime issues. A memorandum of understanding, originally executed in 2010, is being presented to
councils for each jurisdiction for signature. This memorandum of understanding has reached its stated
end of term and needs to be renewed through individual jurisdiction approval. It also incorporates any
agreed -upon changes which have occurred since creation of SBISS. Los Gatos benefits from
participation in this agreement and desires to continue.
DISCUSSION:
The memorandum of agreement sets terms and conditions for the agencies within the four counties to
share information on an integrated system to support local homeland security and to address local crime
issues. Los Gatos has found strong value in its use of the system and desires to continue to participate in
the partnership.
SBISS is a four county partnership governed by a regional board comprised of representatives of each
region. The term "South Bay Node" refers to the collective informational infrastructure of the data
warehouse held for the benefit of all the member agencies. The key change in this agreement is the
PREPARED BY: SCOTT R. SEAMAN, CHIEF OF POLICE
Reviewed by: Assistant Town Manager
NAPolice \Council Reports\2014\SBISS Mou.doc
Town Attorney
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: South Bay Information Sharing System (SBISS) South Bay Region Node Memorandum of
Understanding
JANUARY 21, 2014
addition of each county's Probation Departments, important for the exchange of information relative to
Public Safety Realignment implemented in October 2011. Additionally, policies and procedures have
been created for the collection of automated license plate reader data.
Grant funding has been used almost entirely to cover the costs of acquiring the system and linking
agency data. Grant funding will continue to be used to the greatest degree possible in future years to
minimize costs to individual jurisdictions. Costs for a .5 FTE position are supported by individual
agency assessments. Costs are apportioned as a percentage of population in each city against the
regional population and are assessed on a calendar year basis. The portion that Los Gatos pays for this
cost for calendar year 2014 (FY 2013 -14) is $997.72. For calendar year 2015 (FY 2014 -15) and beyond,
this cost is estimated at $2,977.41. Funds for this cost are contained in the Police Department budget.
This project is coordinated through the SBISS Governing Board, with additional coordination with
Silicon Valley Regional Interoperability Authority (SVRIA) and each county's police chief association.
CONCLUSION:
Authorize the Town Manager to sign the memorandum of understanding.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
For Fiscal Year 2013 -2014, costs to the Police Department budget will be $997.72. Funds are held in the
Police Department budget for this expense.
Attachments:
1. Memorandum of Understanding
2. System Use Agreement
3. ALPR Policies and Procedures
Distribution:
Brian Loventhal, City Manager, City of 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 and year by and between the parties below and all future
signers of this Agreement, known collectively as "Member Agencies' or individually as a
"Member Agency."
The following Member Agencies hereby create the South Bay Information Sharing
System (SBISS) SOUTH BAY REGION NODE (Node): The following agencies are
collectively known as the "Original Member Agencies."
Santa Clara County:
• Campbell Police Department
• Gilroy Police Department
• Los Altos Police Department
• Los Gatos -Monte Sereno Police
Department
• Milpitas Police Department
• Morgan Hill Police Department
Santa Cruz County:
• Capitola Police Department
• Santa Cruz Police Department
Monterey County:
• Carmel Police Department
• Del Rey Oaks Police Department
• Gonzales Police Department
• Greenfield Police Department
• King City Police Department
• Marina Police Department
■ Monterey Police Department
San Benito County:
■ Hollister Police Department
SBISS South Bay Region Node MOUAgreement_v.4.0
• Mountain View Police Department
• Palo Alto Police Department
• San Jose Police Department
• Santa Clara County Sheriffs Office
• Santa Clara Police Department
• Sunnyvale Department of Public
Safety
• Santa Cruz County Sheriffs Office
• Watsonville Police Department
• Monterey County Sheriffs Office
• Pacific Grove Police Department
• Salinas Police Department
• Sand City Police Department
• Seaside Police Department
• Soledad Police Department
• San Benito County Sheriffs
Office
Page I of 37
ATTACHMENT 1
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
Information Sharing System (SBISS) SOUTH
following agencies are collectively known as the
• Santa Clara County Probation Department
• San Benito Probation Department
• Monterey County Probation Department
• Santa Cruz County Probation Department
Purpose
hereby also compose the South Bay
BAY REGION NODE (Node): The
"Probation Member Agencies."
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 Bay Region Node MOU Agreemew_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.
THEREFORE, the Member Agencies hereby agree to the following:
1 Definitions:
1.1 South Bay Information Sharing System: "SBISS" shall mean the
collective group of law enforcement and justice agencies, within Santa
Clara, Santa Cruz, Monterey, and San Benito Counties who are
signatories on a regional law enforcement information - sharing
agreement.
1.2 South Bay Region Node: "Node" shall mean the collective informational
infrastructure of the data warehouse operated for the benefit of the
Member Agencies, within the central region of SBISS bound by the
terms of this Agreement.
1.3 South Bay Region Node Board of Directors: 'Board" shall mean the
Board of Directors 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 Node MOUAgreement_v.4.0 Page 3 of 37
2
K
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.
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.
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 MOU Agreement r4.0 Page 4 of 37
4
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 Chiefs 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 one meeting each year,
and may schedule additional or special meetings as necessary.
Committee and Working Groups
4.1 South Bay 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 Bay Region Node Workino 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
SBISS South Bay Region Node MOUAgreement_v. 4.0 Page 5 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 MOUAgreement_v.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 Fingerorint 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 MOUAgreement_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 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 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 South Bay Region Node MOU Agreement 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
SB /SS South Bay Region Node MOU Agreement v.4.0 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 start-up 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_v.4.0 Page 10 of 37
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 MOU Agreement v.4.0 Page ll of P
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
Mark Linder
City Manager
City of Campbell
Greg Finch
Chief of Police
City of Campbell
City of Gilroy
Thomas J. Haglund
City Manager
City of Gilroy
Denise J. Turner
Chief of Police
City of Gilroy
Date
Date
Date
Date
SB /SS South Bay Region Node MOUAgreement_v.4.0 Page 12 of 37
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
Scott Seaman
Police Chief
Town of Los Gatos
City of Milpitas
Date
Date
Date
Date
Thomas C. Williams Date
City Manager
City of Milpitas
Steve Pangelinan
Police Chief
City of Milpitas
Date
SBISS South Bay Region Node MOU Agreement v.4.0 Page 13 of 37
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
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
Date
Date
Date
Date
SB1SS South Bay Region Node MOUAgreement_it4.0 Page 14 of 37
City of San Jose
Ed Shikada
City Manager
City of San Jose
Date
Larry Esquivel
Date
Police Chief
City of San Jose
San Jose State University
Date
Administration and Finance
San Jose State University
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
Date
Police Chief
City of Santa Clara
SBISS South Bay Region Node MOU Agreement v.4.0 Page 15 of 37
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
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
Date
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOU Agreement v.4.0 Page 16 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
Martin Bernal
City Manager
City of Santa Cruz
Kevin Vogel
Chief of Police
City of Santa Cruz
County of Santa Cruz
Susan A. Mauriello
County Administrative Officer
County of Santa Cruz
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOUAgreement_v.4.0 Page 17 of 37
Phil Wowak Date
Sheriff - Coroner
County of Santa Cruz
Scott MacDonald
Date
Chief Probation Officer
County of Santa Cruz
Bob Lee
Date
District Attorney
County of Santa Cruz
City of Watsonville
Carlos J. Palacios
Date
City Manager
City of Watsonville
Manny Solano
Date
Police Chief
City of Watsonville
Monterey County Agencies:
City of Carmel
Jason Stilwell
City Administrator
City of Carmel
Date
SB /SS South Bay Region Node MOU Agreement_v.4.0 Page 18 of 37
Mike Calhoun
Police Chief
City of Carmel
City of Del Rey Oaks
Daniel Dawson
City Manager
City of Del Rey Oaks
Ronald J. Langford
Chief of Police
City of Del Rey Oaks
City of Gonzales
Rene L. Mendez
City Manager
City of Gonzales
Paul Miller
Police Chief
City of Gonzales
City of Greenfield
John Bakker
City Manager
City of Greenfield
Date
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOU Agreement v.4.0 Page 19 of 37
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
Fred Meurer
City Manager
City of Monterey
Date
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOUAgreement_v.4.0 Page 20 of 37
Phil Penko
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 Citv
Steve Matarazzo
City Administrator
City of Sand City
Date
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOU Agreement v.4. 0 Page 21 of 37
Michael Klein 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
County of Monterey
Lew C. Bauman
Date
County Administrative Officer
County of Monterey
Scott Miller
Date
Sheriff
County of Monterey
Manuel Real
Date
Chief Probation Officer
County of Monterey
Dean D. Flippo
Date
District Attorney
County of Monterey
SBISS South Bay Region Node MOU Agreement_v.4.0 Page 22 oj37
City of Soledad
Adela P. Gonzalez
City Manager
City of Soledad
Eric Sills
Chief of Police
City of Soledad
Date
Date
California State University, Monterey Bay
Kevin Saunders
VP Administration and Finance
California State University, Monterey Bay
Earl Lawson
Chief of Police
California State University, Monterey Bay
Date
Date
SBISS South Bay Region Node MOU Agreement v.4. 0 Page 23 of 37
San Benito County Agencies:
City of Hollister
Clint Quilter
City Manager
City of Hollister
Dave Westrick
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)
Chief Probation Officer
County of San Benito
Candice Hooper
District Attorney
County of San Benito
Date
Date
Date
Date
Date
Date
SBISS South Bay Region Node MOU Agreement v.4.0 Page 24 of 37
Date
Date
Date
Date
SBISS South Bay Region Node MOUAgreement_v.4.0 Page 25 of 37
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:
1 Definitions
1.1 South Bay Information Sharing System (SBISS) is the name of the
information sharing system node hosted by the Santa Clara County Office
of the Sheriff.
1.2 South Bay Information Sharing System (SBISS) Board of Directors is
the governing body of the South Bay Information Sharing System.
1.3 Data shall mean electronic facts, detailed information, or other material
provided by a Member Agency.
1.4 Data Repository shall mean the computer equipment used to store,
connect and disseminate 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.
SBISS South Bay Region Node MOU 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
SB ISS South Bay Region Node MOU Agreement v.4.0 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.
3.5 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 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, 2015)
Santa Clara County
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
$ 6,071.35
Morgan Hill 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
$ 5,854.37
San Jose PD
958,966
52.68%
$ 29,211.17
$ 87,172.06
San lose State Univ PD
24,048
1.32%
$ 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
1,820,351.00
100%
$ 55,449.91
$ 165,473.79
Santa Cruz County
Capitola PD
9,918
4.02%
$ 302.11
$ 1,156.70
Santa Cruz PD
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
100%
$ 7,520.67
$ 28,794.36
Monterey County
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
3.57%
$ 458.17
$ 2,526.72
Salinas
150,441
35.70%
$ 4,582.60
$ 25,272.45
SB7SS South Bay Region Node MOUAgreement_v.4.0 Page 29 of 37
Sand City
334
0.08%
$ 10.17
$ 56.11
Seaside
33,025
7.84%
$ 1,005.98
$ 5,547.84
Sheriff
101,208
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.)
Saa 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
53,749.00
100%1
$ 1,637.25
1 $ 11,957.28
Total annual maintenance all counties $ 77,445.00 $ 277,020.76
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 total covered population for respective agency as a portion of total County population. Sworn
counts are based on California POST Statistics for Current Employed Full -Time 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 COPLINK
annual software and Integration Services Maintenance & 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
j
SBISS robation Module LlcenslM Integrat ion and Support Casts (Surrinuary
SMRA MODULE Cost $99,500.00: Paid with Grant Funding)
P obation Costs
Grant Funded
Integration Cast $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 Dept.)
$
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 Dept.)
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 Depts.)
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.)
$
4,897.36
SBISS South Bay Region Node MOU Agreement v.4.0 Page 30 of 37
Table 3
COPLINK SRMA (PROBATION MODULEI Annual Software & Integration Services Maintenance & Su000rt
[Item 1]: Probation Module (Grant Funded)
$ 99,500.00
[Item 2]: Probation Integration Costs for Each Department (Grant Funded)
$ 37,672.00
[Item 3]: Software License Annual Maintenance (@ 13 %)
$ 12,935.00
[Item 41: Integration Annual Maintenance (@ 13 %)
$ 4,897.36
Santa Clara County - Probation
Year 1 [a]
Year 2 [b]
Year 3 [c]
Cost Details
Host Site
$ 2,100.00
$ 2,100.00
$ 2,100.00
$ 2,100.00
Software Maintenance
Grant Funded
Grant Funded
$ 3,233.75
$ 3,233.75
Integration Maintenance
Grant Funded
Grant Funded
4.897.36
S 4.897.36
Total - Santa Clara County (grant coverage
until 6/30/15)
$ 2,100.00
$ 2,100.00
$ 10,231.11
$ 10,231.11
Santa Cruz County - Probation
Year 1 [a)
Year 2 [b]
Year 3 [c]
Cost Details
Host Site
$ 2,100.00
$ 2,100.00
$ 2,100.00
$ 2,100.00
Software Maintenance
Grant Funded
Grant Funded
$ 3,233.75
$ 3,233.75
Integration Maintenance
Grant Funded
Grant Funded
S 4.897.36
S 4.897.36
Total - Santa Cruz County (grant coverage
until 6/30/15)
$ 2,100.00
$ 2,100.00
$ 10,231.11
$ 10,231.11
Monterey County - Probation
Year 1 [a]
Year 2 [b]
Year 3 [c]
Cost Details
Host Site
$ 2,100.00
$ 2,100.00
$ 2,100.00
$ 2,100.00
Software Maintenance
Grant Funded
Grant Funded
$ 3,233.75
$ 3,233.75
Integration Maintenance
Grant Funded
Grant Funded
5 4.897.36
S 4.897.36
Total - Monterey County (grant coverage until
6/30/15)
$ 2,100.00
$ 2,100.00
$ 10,231.11
$ 10,231.11
San Benito County - Probation
Year 1 [a)
Year 2 [b]
Year 3 [c]
Cost Details
Host Site
$ 2,100.00
$ 2,100.00
$ 2,100.00
$ 2,100.00
Software Maintenance
Grant Funded
Grant Funded
$ 3,233.75
$ 3,233.75
Integration Maintenance
Grant Funded
Grant Funded
$ 4.897.36
$ 4.897.36
Total — San Benito County (grant coverage
until 6/30/15)
$ 2,100.00
$ 2,100.00
$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 31 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. SB1SS will plan to include the above costs for all future
grant requests excluding host site costs. *Note: 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 South Bay Region Node MOU Agreement 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 Support
Agency A
1 -19
10
$ 1,032.70
Agency B
20 -30
20
$ 2,065.40
Agency C
31 -50
30
$ 3,098.10
Agency D
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 MOUAgreement_vA 0 Page 32 of 37
Table 5
County
Agency Name
New
_
U
Y
N
Campbell
41
Gilroy
59
Los Altos
30
Los Gatos
38
Milpitas
75
Morgan Hill
36
Mountain View
95
Palo Alto
79
San Jose
1045
San Jose Univ PD
27
Santa Clara PD
134
Santa Clara SO
453
Sunnyvale
200
N
U
m
Capitola PD
21
Santa Cruz PD
87
Santa Cruz SO
137
Watsonville PD
67
v
v
c
0
Carmel PD
14
CSU Monterey Bay
15
Gonzales PD
11
Greenfield PD
14
King City PD
15
Marina DIPS
34
Monterey PD
48
Monterey SO
287
Pacific Grove PD
16
Salinas PD
148
Sand City PD
10
Seaside PD
37
Soledad PD
16
0
c :L
N d
m
Hollister PO
21
21
San Benito SD
Total 3331
POST Statistics Current Employed Full -Time Sworn:
(http:lfw . post. ca. govIDataiSitesilipost _docs /hiring /le-empioyment- stats.pdf
SBISS South Bay Region Node MOD Agreement v.4.0 Page 33 oj37
Cost allocation for the Probation Departments (see above Table 3) will be
based on shared maintenance costs for sustainment of the COPLINK
Supervised Release and Monitoring Alert Module (SRMA Module), and
the integration of their respective case management data source into
COPLINK data warehouse.
Cost allocation for the District Attorney Offices will be based on sworn
counts (see above Table 4).
3.9 In the event of a violation of the terms and conditions of the Cost Sharing
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_v.4.0 Page 34 of 37
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 MOU Agreement _v. 4.0 Page 35 of37
Exhibit D
COPLINK
ANNUAL DATA AUDIT FOR DATA ACCURACY
Date Time Data Data Verified in
Type COPLINK?
SBISS South Bay Region Node MOUAgreement_v.4.0 Page 36 of 37
Appendix
Table of Contents
I. Policies and Procedures
1. South Bay Information Sharing System ALPR Policies and Procedures;
Incorporated 8/29/13
SBISS South Bay Region Node MOUAgreement_v.4.0 Page 37 of 37
THIS PAGE
INTENTIONALLY
LEFT BLANK
SOUTH BAY INFORMATION SHARING SYSTEM
SYSTEM USE AGREEMENT
I. OVERVIEW
a. Background: The South Bay Information Sharing System (SBISS) was
established on June 1, 2009 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 various shared vendor tools
including a COPLINK Solution Suite ( "COPLINK "), a computerized
system that was installed by, and is currently maintained by International
Business Machines ( "IBM" or "Contractor"), a Corporation.
c. Purpose of Policy: The purpose of the System Use Agreement
( "Agreement ") is to outline the terms and conditions under which
participating agencies ( "Agency" or "Agencies ") will share and use
information in various vendor tools, including COPLINK and to detail
various indemnifications, relationships, and obligations among the
Agencies and vendors.
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 or view, and any other information requested by the SBISS. A
majority vote by the SBISS Board is required to approve an Agency's
participation in COPLINK either as a Member Agency membership
(sharing and viewing data) or View -only access agency (viewing data
only). The View only Agency ("V- Agency ") must also sign a copy of this
Agreement and accept its conditions. The V- 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
Page 1 of 17
ATTACHMENT 2
South Bay Information Sharing System
System Use Policy
September 10, 2013
• Data extracts for engineering and testing purposes
• 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 or view -only access. In the
event that the Agency wishes to withdraw their data from the information
sharing system repository or discontinue view -only access the Agency
shall give the Board of Directors sixty (60) days written notice and the
Agency shall be responsible for contacting the host site agency and
maintenance vendor (currently IBM) and requesting access termination
and or data removal. The withdrawing Agency is responsible for all of
the costs associated with the removal of their data from the repository.
Within the IBM Contract pertaining to a Member Agency: Regarding a
Member Agency that has already migrated data to data warehouse and
would like it to be removed from COPLINK: If an agency wishes to
remove data previously migrated to the COPLINK indexing server, IBM
will bill the agency at an hourly or fixed rate specified within the contract.
Within the SBISS MOU pertaining to a View -Only access Agency: If a V-
Agency wishes to discontinue access to SBISS data, the V- Agency can
discontinue at the half year point of their annual billing cycle. The annual
support costs for a V- Agency are based on the total count of sworn staff
for a given agency. The categories and support costs are detailed below:
Annual Support
New Aaencv View
Access-Only
Sworn
Count
*Network, Administration and Training
Resource Hours
Rate
Annual Supoort
Agency A
1 -19
10
$103.27
$ 1,032.70
A enc B
20 -30
20
$103.27
$ 2,065.40
Agency C
31 -50
30
$103.27
$ 3,098.10
Agency D
50 plus
50
$103.27
$ 5,163.50
*Account creation and administration, network connectivity and security, training and travel, and phone support.
*SBISS Board will complete access review on an annual basis. SBISS also recommends V- agency pursue grant or
other funding annually to allow future integration of V-Agency data into SBISS.
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South Bay Information Sharing System
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II. AUTHORIZED RELEASE OF INFORMATION
a. Sharing of Information: Each Agency authorizes the release of
Information residing in COPLINK and other vendor tools to all authorized
SBISS users 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 the share repository.
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 within the vendor tool.
1. 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 approved login credentials ( "Authorized Users ") and meets the
current FBI -CJIS Policy password convention, will be allowed to access
or use information in COPLINK and other shared vendor tools.
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 or other shared vendor
tools by that Agency, its officers, agents or employees.
d. Indemnification: Each Agency executing this Agreement, with the
exception of International Business Machines (IBM) or other vendor
companies, 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,
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September 20, 1013
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 or other shared vendor tools 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.
IBM 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 IBM or its subcontractors of any tier in the performance
of installing or maintaining COPLINK.
Notwithstanding the foregoing, nothing herein shall be construed to
require IBM 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.
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 or other shared vendor tools. 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.
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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 and other shared
vendor tools. 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 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
within other shared vendor tools, 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
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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 I understand that violation of
the terms and conditions may lead to disciplinary action and /or criminal
prosecution." The Agency System Administrator shall maintain the
original signed acknowledgements at all times.
d. Intended Use: Each Authorized User agrees that 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.
e. Limitations on Use of Logins: An Authorized User may not access
COPLINK or other shared vendor tool 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
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and user queries are made for legitimate law enforcement purposes.
COPLINK and other shared vendor tools will require each Authorized
User to input the reason for the requested information before any
information is generated. This information shall be recorded in each
vendor solution, 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 and other shared
vendor tools 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 and other shared vendor tools. The
information will otherwise be kept confidential.
b. Internal Requests for Information: An Authorized User who receives a
request from a non - authorized requestor for information in COPLINK or
other shared vendor tool 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
International Business Machines) directly and arranging for such a
change to be manually processed to their data.
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South Bay Information Sharing System
System Use Policy
September 20, 2013
VII. SYSTEM ACCESS AND SUPPORT
Network Access: Access to COPLINK and other shared vendor tools 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.
c. Sheriff Office Support: The Sheriffs 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, Sheriffs 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 IBM. If service interruption is due to hardware, the Sheriffs
Office IS staff will coordinate with Dell or other 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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September 20, 2013
d. Sheriffs Office Administrative Responsibilities: The Sheriffs Office shall
be responsible for providing technical and administrative support as set
forth below.
1. Sheriffs Office will maintain support agreements on critical
components (IBM, Dell, AT &T) in force.
2. Sheriffs Office will complete an annual budget and quarterly
billing.
3. Sheriffs 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.
e. Sheriffs 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 Sheriffs 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 Sheriffs Office).
VIII. AGREEMENT TERMS
a. Term: This Agreement will commence on the date that it is executed by
an Agency and vendor.
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
IBM or other vendor.
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 SBISS shared
vendor tool access. 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 access for the offending
Agency. All disputes concerning access shall be determined by a
majority of the SBISS Board.
IX. 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
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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
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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 through 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 provide technical operations support to local, state, federal, and tribal public safety agencies
SBISS utilizes new technologies to assist with the collection and identification of threat
information. One of the technologies used by SBISS is Automated License Plate
Reader (ALPR) systems. ALPRs are attached to Law Enforcement vehicles or deployed at fixed
locations, to collect license plate information from vehicles on public roadways or property.
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:
• Collect information on the location of vehicles to support situational awareness
• Locate stolen, wanted, and subject -of- investigation vehicles
• Locate witnesses, victims of violent crime, missing persons, and respond to Amber Alerts
• Support local, state, federal, and tribal public safety departments in the identification of
subjects associated with targets of criminal investigations
• Protect critical infrastructure sites, special events, or other large gatherings
NOTIFICATIONS
ALPR operators shall provide the local law enforcement jurisdiction (Police, Sheriff s, Regional
Auto Theft Task Forces, and/or California Highway Patrol) with advanced
notification that SBISS member agencies, will be conducting ALPR operations in their areas.
SBISS ALPR Policies and Procedures 082913 Page 1
ATTACHMENT
South Bay Information Sharing System ALPR Policies and
Procedures
ALPR operators are encouraged to obtain local agency support, radio or personnel, prior to
the deployment of an ALPR within a local jurisdiction.
ALPR operators who locate vehicles through hits to the Regional Information Sharing
System (RISS), California State Intelligence Index (CSII), or Cal Gang will contact the Western
States Information Network (WSIN) to pass information to the submitting officer. The ALPR
operator will make a notation in the system of the submitting officer's contact information and
input the level of notification the officer is requesting in case of future contacts with the subject
vehicle.
ENFORCEMENT ACTIVITIES
ALPR operators may not contact occupants of stolen, wanted, or subject -of- investigation
vehicles unless the ALPR operators are sworn law enforcement officers
and have a reasonable cause to believe that the occupants of the vehicle pose an immediate threat
to public safety or officer safety.
ALPR operators acknowledge that the data collected from the ALPR device, and the content of
referenced hotsheets, consists of information that may or may not be accurate. Vehicle and
subject information must be verified from a separate Law Enforcement system to confirm the
vehicle or subject's identity and justification for contact. The ALPR alone does not provide
probable cause and should never be used as the sole reasoning for intercepting a vehicle or
passengers.
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.
STORAGE AND SECURITY
Data collected by ALPR systems is stored in a secured Law Enforcement facility with 24/7
staffed security. Also, the physical servers reside behind network firewalls and each record exists
in a separate database system compartmentalized from all Criminal Intelligence or other Law
Enforcement databases. Access is restricted only to Law Enforcement officers and support staff
with a need and right to know; all utilization is tracked and logged for audit purposes.
SBISS ALPR Policies and Procedures 082913 Page 2
South Bay Information Sharing System ALPR Policies and
Procedures
DISSEMINATION
A member agency may disseminate ALPR data to any public safety agency with a right and need
to know the information, in support of public safety or active investigations. The NCRIC
assumes no responsibility or liability for the acts or omissions of other agencies, and makes no
guarantee regarding the accuracy of information provided.
Information may be disseminated to critical infrastructure locations if they are believed to be the
target of surveillance for the purpose of terrorist attack or criminal activity. A member agency
will also make notification to the Federal Bureau of Investigation — Joint Terrorism Task Force
(FBI- JTTF), Department of Homeland Security (DHS), local Terrorism Liaison Officer (TLO)
and the State Threat Assessment Center (STAC). Information collected by the ALPR
system shall not be disseminated to private parties, other than critical infrastructure, unless
authorized by the SBISS Chair or member agency Chief, Sheriff, or designee. ALPR information
shall not be disseminated for personal gain or non -law enforcement purposes.
SBISS ALPR Policies and Procedures 082913 Page 3
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