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: ƒ Mountain View Police Department ƒ Campbell Police Department ƒ Palo Alto Police Department ƒ Gilroy Police Department ƒ San Jose Police Department ƒ Los Altos Police Department ƒ Santa Clara County Sheriff’s Office ƒ Los Gatos-Monte Sereno Police ƒ Santa Clara Police Department Department ƒ Milpitas Police Department ƒ Morgan Hill Police Department ƒ Sunnyvale Department of Public Safety Santa Cruz County: ƒ Capitola Police Department ƒ Santa Cruz County Sheriff’s Office ƒ Santa Cruz Police Department ƒ Watsonville Police Department Monterey County: ƒ Carmel Police Department ƒ Monterey County Sheriff’s Office ƒ Del Rey Oaks Police Department ƒ Pacific Grove Police Department ƒ Gonzales Police Department ƒ Salinas Police Department ƒ Greenfield Police Department ƒ Sand City Police Department ƒ King City Police Department ƒ Seaside Police Department ƒ Marina Police Department ƒ Soledad Police Department ƒ Monterey Police Department San Benito County: ƒ Hollister Police Department SBISS South Bay Region Node MOU Agreement_v.4.0 ƒ San Benito County Sheriff’s Office Page 1 of 37 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.” ƒ Santa Clara County District Attorney’s Office ƒ Santa Cruz County District Attorney’s Office ƒ Monterey County District Attorney’s Office ƒ 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.” ƒ California State University, Monterey Bay Police Department ƒ San Jose State University Police Department Additionally, the following Member Agencies hereby also compose the South Bay Information Sharing System (SBISS) SOUTH BAY REGION NODE (Node): The following agencies are collectively known as the “Probation Member Agencies.” ƒ Santa Clara County Probation Department ƒ San Benito Probation Department ƒ Monterey County Probation Department ƒ Santa Cruz County Probation Department Purpose This regional law enforcement information-sharing system shall be known as the SBISS South Bay Region Node. The purpose of this agreement is to maintain the South Bay Region Node, to outline the duties and responsibilities of each Member Agency, to define the working relationships and lines of authority for Member Agencies in the SBISS South Bay Region Node, and to provide for the addition of other eligible entities in the data-sharing program created by this MOU. Member Agencies shall work cooperatively to establish an integrated system of information technology that maximizes the sharing of data and communication between the Member Agencies while maintaining the confidentiality of privileged or otherwise protected information shared through the system. The Member Agencies shall work cooperatively in a variety of ways to facilitate sharing data in an effort to improve the information sharing efforts of their respective Agency and Node. SBISS South Bay Region Node MOU Agreement_v.4.0 Page 2 of 37 Santa Clara County Police Chiefs and Sheriff, through a grant from the Office of Homeland Security, have identified the Cities, Counties, and other Agencies within Santa Clara, Santa Cruz, Monterey, and San Benito Counties, including any departments or divisions of such agencies that should enter into this agreement to share data among such agencies. 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 MOU Agreement_v.4.0 Page 3 of 37 2 3 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 3.1.1.2 3.1.1.3 3.1.1.4 3.1.1.5 One Director shall be the Santa Clara County Sheriff. One Director shall be the Chief of the San Jose Police Department. One Director shall be appointed by the Santa Clara County Police Chief’s Association from its membership. One Director shall be the Santa Cruz County Sheriff. One Director shall be the Chief of the Santa Cruz Police Department. SBISS South Bay Region Node MOU Agreement_v.4.0 Page 4 of 37 3.1.1.6 One Director shall be appointed by the Santa Cruz County Police Chief’s 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 one meeting each year, and may schedule additional or special meetings as necessary. 4 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 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 SBISS South Bay Region Node MOU Agreement_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 Sheriff's Office will be responsible for the maintenance and care of the secure network. Query capabilities shall be provided to Member Agencies and Authorized Users utilizing any secure network configuration that is acceptable to the Host Node. The information residing in the Data Repositories shall generally be available. Member Agencies agree to inform other Member Agencies in advance, whenever possible, of scheduled down times of specific data feeds. All Member Agencies will be required to sign the COPLINK System Use Agreement and this Memorandum of Understanding prior to gaining access. 5.2 Data Sharing: All Member Agencies agree to share data with other Member Agencies who have a need to know and a right to know, with comprehensive, timely, accurate information about a suspect or offender to include, but not limited to, identity, prior agency contacts, citations, arrests, investigations, criminal history, and current justice status. Each agency will be required to have each employee sign an Employee Statement form agreeing not to misuse the information contained in COPLINK. Each agency will have the prerogative of not sharing those items of data that it deems sensitive or confidential. Nothing in this MOU shall be construed to mean that any Member Agency must share any type of data. The South Bay Region Node Technology Committee will develop a Guideline Document that will make a recommendation for the type of data to be shared by each agency. This document will be a guideline only and will not be binding. The data to be shared, will be the data that the Member Agency already has in its own database and no agency will be required to collect any data that it does not collect in the normal course of business. The South Bay Region Node Technology Committee will set the criteria for the minimum number of data sets (i.e. Crime Reports, Citations, Field Investigations, Mugs, Arrests Reports, etc.) that member agencies must provide to be a member agency. In addition, the Technology Committee will adopt guidelines for agencies to withhold or suppress certain documents based on specific criteria. Based on these guidelines, each Member Agency shall determine, in the exercise of its sole discretion, which data records are shared within the system. Each member agency SBISS South Bay Region Node MOU Agreement_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 Fingerprint Requirements: All persons including non-criminal justice and volunteer personnel who have access to the SBISS South Bay Region Node are required to undergo background and fingerprint check. Each Agency will determine, based on their internal policies and the CLETS Policies, Practices, and Procedures, when SBISS access will not be granted to an employee. The final responsibility for maintaining the security and confidentiality of SBISS information rests with the Member Agency head or administrator. 5.3.3 User Access: Each employee/volunteer is required to sign an employee statement form prior to operating or having SBISS access. Each employee/volunteer shall sign an employee statement on a biennial basis. Additional requirements may be required at the discretion of an agency. A sample form is attached hereto as Exhibit C. When a person with access to SBISS is no longer employed or no longer accessing SBISS on behalf of the Member Agency, the SBISS South Bay Region Node MOU Agreement_v.4.0 Page 7 of 37 Agency is responsible for removing all related passwords and security authorizations from the system. No person with access to SBISS shall release any information or records located in SBISS without express permission of the Original Agency who provided the data. No person with access to SBISS shall release any information contained in SBISS either by Court Order or in response to a Public Records Act request unless they are the originating agency of such data. All California Public Records Act or Freedom of Information Act requests should be referred back to the originating agency. 5.3.4 Insurance: Each Member Agency, at its sole cost and expense, shall 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. 6 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. 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 SBISS South Bay Region Node MOU Agreement_v.4.0 Page 9 of 37 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 8 9 Member Agency Employees: Employees of a Member Agency working for the benefit of the Node remain the employees of that Member Agency. 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. 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 11 of 37 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 __________________ Date __________________ Date City of Gilroy ______________________________ Thomas J. Haglund City Manager City of Gilroy __________________ Date ______________________________ Denise J. Turner Chief of Police City of Gilroy __________________ Date SBISS South Bay Region Node MOU Agreement_v.4.0 Page 12 of 37 City of Los Altos ______________________________ Marcia Somers City Manager City of Los Altos __________________ Date ______________________________ Tuck Younis Police Chief City of Los Altos __________________ Date Town of Los Gatos ______________________________ Greg Larson Town Manager Town of Los Gatos __________________ Date ______________________________ Scott Seaman Police Chief Town of Los Gatos __________________ Date City of Milpitas ______________________________ Thomas C. Williams City Manager City of Milpitas __________________ Date ______________________________ 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 __________________ Date ______________________________ David Swing Police Chief City of Morgan Hill __________________ Date City of Mountain View ______________________________ Daniel H. Rich City Manager City of Mountain View __________________ Date ______________________________ Scott S.G. Vermeer Police Chief City of Mountain View __________________ Date City of Palo Alto ______________________________ Jim Keene City Manager City of Palo Alto __________________ Date ______________________________ Dennis Burns Police Chief City of Palo Alto __________________ Date SBISS South Bay Region Node MOU Agreement_v.4.0 Page 14 of 37 City of San Jose ______________________________ Ed Shikada City Manager City of San Jose __________________ Date ______________________________ Larry Esquivel Police Chief City of San Jose __________________ Date San Jose State University ______________________________ __________________ Date Administration and Finance San Jose State University ______________________________ Peter Decena Police Chief San Jose State University __________________ Date City of Santa Clara ______________________________ Julio J. Fuentes City Manager City of Santa Clara __________________ Date ______________________________ Mike Sellers Police Chief City of Santa Clara __________________ Date 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 __________________ Date ______________________________ Laurie Smith Sheriff County of Santa Clara __________________ Date ______________________________ Karen Fletcher (Interim) Chief Probation Officer County of Santa Clara __________________ Date ______________________________ Jeffrey Rosen District Attorney County of Santa Clara __________________ Date City of Sunnyvale ______________________________ Gary Luebbers City Manager City of Sunnyvale __________________ Date ______________________________ Frank Grgurina Director of Public Safety City of Sunnyvale __________________ 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 __________________ Date ____________________________ Rudy Escalante Chief of Police City of Capitola __________________ Date City of Santa Cruz ______________________________ Martin Bernal City Manager City of Santa Cruz __________________ Date ______________________________ Kevin Vogel Chief of Police City of Santa Cruz __________________ Date County of Santa Cruz ______________________________ Susan A. Mauriello County Administrative Officer County of Santa Cruz SBISS South Bay Region Node MOU Agreement_v.4.0 __________________ Date Page 17 of 37 ______________________________ Phil Wowak Sheriff-Coroner County of Santa Cruz __________________ Date ______________________________ Scott MacDonald Chief Probation Officer County of Santa Cruz __________________ Date ______________________________ Bob Lee District Attorney County of Santa Cruz __________________ Date City of Watsonville ______________________________ Carlos J. Palacios City Manager City of Watsonville __________________ Date ______________________________ Manny Solano Police Chief City of Watsonville __________________ Date Monterey County Agencies: City of Carmel ______________________________ Jason Stilwell City Administrator City of Carmel SBISS South Bay Region Node MOU Agreement_v.4.0 __________________ Date Page 18 of 37 ______________________________ Mike Calhoun Police Chief City of Carmel __________________ Date City of Del Rey Oaks ______________________________ Daniel Dawson City Manager City of Del Rey Oaks __________________ Date ______________________________ Ronald J. Langford Chief of Police City of Del Rey Oaks __________________ Date City of Gonzales ______________________________ Rene L. Mendez City Manager City of Gonzales __________________ Date ______________________________ Paul Miller Police Chief City of Gonzales __________________ Date City of Greenfield ____________________________ Susan Stanton City Manager City of Greenfield SBISS South Bay Region Node MOU Agreement_v.4.0 __________________ Date Page 19 of 37 ____________________________ Bradley W. Sullivan City Attorney City of Greenfield __________________ Date ______________________________ Adele H. Frese Police Chief City of Greenfield __________________ Date City of King City ______________________________ Michael Powers City Manager City of King City __________________ Date ______________________________ Bruce Miller (Interim) Police Chief __________________ Date City of Marina ______________________________ Layne P. Long City Manager City of Marina _____________________________ Edmundo Rodriquez Chief of Police City of Marina __________________ Date __________________ Date City of Monterey SBISS South Bay Region Node MOU Agreement_v.4.0 Page 20 of 37 ______________________________ Fred Meurer City Manager City of Monterey __________________ Date ______________________________ Phil Penko Chief of Police City of Monterey __________________ Date City of Pacific Grove ______________________________ Thomas Frutchey City Manager City of Pacific Grove __________________ Date ______________________________ Vicki L.H. Myers Police Chief City of Pacific Grove __________________ Date City of Salinas ______________________________ Ray Corpuz City Manager City of Salinas __________________ Date ______________________________ Kelly McMillin Police Chief City of Salinas __________________ Date City of Sand City SBISS South Bay Region Node MOU Agreement_v.4.0 Page 21 of 37 ______________________________ Todd Bodem City Administrator City of Sand City __________________ Date ______________________________ Brian Ferrante Police Chief City of Sand City __________________ Date City of Seaside ______________________________ John Dunn City Manager City of Seaside __________________ Date ______________________________ Vicki L.H. Myers Police Chief City of Seaside __________________ Date County of Monterey ______________________________ Lew C. Bauman County Administrative Officer County of Monterey __________________ Date ______________________________ Stephen T. Bernal Sheriff County of Monterey __________________ Date ______________________________ Manuel Real Chief Probation Officer County of Monterey __________________ Date SBISS South Bay Region Node MOU Agreement_v.4.0 Page 22 of 37 ______________________________ Dean D. Flippo District Attorney County of Monterey __________________ Date City of Soledad ______________________________ Adela P. Gonzalez City Manager City of Soledad __________________ Date ______________________________ Eric Sills Chief of Police City of Soledad __________________ Date California State University, Monterey Bay ______________________________ Kevin Saunders VP Administration and Finance California State University, Monterey Bay __________________ Date ______________________________ Earl Lawson Chief of Police California State University, Monterey Bay __________________ 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 __________________ Date ______________________________ Dave Westrick Police Chief City of Hollister __________________ Date County of San Benito ______________________________ Ray Espinosa County Administrative Officer County of San Benito __________________ Date ______________________________ Darren Thompson Sheriff-Coroner County of San Benito __________________ Date ______________________________ Don H. Blevins (Interim) __________________ Date SBISS South Bay Region Node MOU Agreement_v.4.0 Page 24 of 37 Chief Probation Officer County of San Benito ______________________________ Candice Hooper District Attorney County of San Benito __________________ Date ______________________________ __________________ Date ______________________________ __________________ Date ______________________________ __________________ Date ______________________________ __________________ Date SBISS South Bay Region Node MOU Agreement_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 Sheriff's 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 2 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. 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. 3.2 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. 3.3 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 SBISS 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 Sheriff’s 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   Cost Allocation  Cost Allocation  % of Total  Years 2, 3, &  Starting Year 5[3] (Jan  Population  4[2]  1, 2015)     Santa Clara County Campbell PD  Gilroy PD  Los Altos PD  Los Gatos PD plus Monte Sereno  Milpitas PD  Morgan Hill PD  Mountain View PD  Palo Alto PD  San Jose PD  San Jose State Univ PD  Santa Clara PD  Sheriff Unincorporated plus:  (Cupertino,Saratoga, Los Altos Hills)  39,349 48,821 28,976 32,754 66,790 37,882 74,066 64,403 958,966 24,048 116,468 2.16% 2.68% 1.59% 1.80% 3.67% 2.08% 4.07% 3.54% 52.68% 1.32% 6.40%  $      1,198.61    $      1,487.14    $         882.64    $         997.72    $      2,034.50    $      1,153.93    $      2,256.13    $      1,961.79    $   29,211.17    $         732.53    $      3,547.74    $                  3,576.91   $                  4,437.93   $                  2,633.98   $                  2,977.41   $                  6,071.35   $                  3,443.55   $                  6,732.76   $                  5,854.37   $                87,172.06   $                  2,186.01   $                10,587.19  Total Santa Clara County 187,747 140,081 1,820,351.00                Santa Cruz County  Capitola PD  Santa Cruz PD  Scotts Valley (11,580 population)  Sheriff  Watsonville PD        100%     $         302.11    $      1,826.02    $                   ‐      $      3,832.95    $      1,559.58   $      7,520.67      $                  1,156.70   $                  6,991.29   $                               ‐     $                14,675.22   $                  5,971.16  $                 28,794.36 0.88% 0.00% 1.94% 3.87% 3.05% 4.68% 6.60% 3.57% 35.70%     $         113.38    $                   ‐      $         249.39    $         497.43    $         392.16    $         600.63    $         847.12    $         458.17    $      4,582.60       $                      625.26   $                               ‐     $                  1,375.33   $                  2,743.26   $                  2,162.69   $                  3,312.41   $                  4,671.78   $                  2,526.72   $                25,272.45  Sunnyvale DPS  9,918 59,946 0 125,831 51,199 246,894 Total Santa Cruz County Monterey County  Carmel PD  Del Rey Oaks ‐(1,624 population)  Gonzales PD  Greenfield PD  King City PD  Marina PD  Monterey  Pacific Grove  Salinas  10.31%  $      5,718.98    $                17,066.60  7.70%  $      4,267.02    $                12,733.66  100% $    55,449.91  $              165,473.79    SBISS South Bay Region Node MOU Agreement_v.4.0 4.02% 24.28% 0.00% 50.97% 20.74%    3,722 0 8,187 16,330 12,874 19,718 27,810 15,041 150,441 Page 29 of 37 Sand City  Seaside  Sheriff  Soledad  California State University Monterey Bay Total Monterey County 334 33,025 101,208 25,738 7,000 421,428.00 0.08% 7.84% 24.02% 6.11% 1.66% 100%  $            10.17    $      1,005.98    $      3,082.91    $         784.01    $         213.23   $    12,837.17   $                        56.11   $                  5,547.84   $                17,001.84   $                  4,323.70   $                  1,175.92  $                70,795.32 San Benito County Hollister    Sheriff  Total San Benito County     34,928 18,821 53,749.00 64.98%  $      1,063.95    $                  7,770.26  35.02%  $         573.31    $                  4,187.02  100% $      1,637.25  $                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 SBISS (Probation Module) Licensing, Integration and Support Costs (Summary) Probation Costs SMRA MODULE Cost ($99,500.00: Paid with Grant Funding) Grant Funded Integration Cost ($37,672.00: Paid with Grant Funding) Grant Funded SUBTOTAL ($137,172.00) Grant Funded Year 1- Host Site Costs (Paid for by each Probation 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.) $ 2,100.00 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 MODULE) Annual Software & Integration Services Maintenance & Support  [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 4]: 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  Total ‐ Santa Clara County (grant coverage  until 6/30/15)     Santa Cruz County ‐ Probation  Host Site   Software Maintenance  Integration Maintenance  Total ‐ Santa Cruz County (grant coverage  until 6/30/15)     Monterey County ‐ Probation  Host Site  Software Maintenance  Grant Funded  Grant Funded   $      2,100.00    $      2,100.00    $  10,231.11    $         10,231.11               Year 1 [a]   $      2,100.00    $        4,897.36    $           4,897.36   Year 2 [b]   $    2,100.00   Year 3 [c]  Cost Details   $        2,100.00    $           2,100.00   Grant Funded  Grant Funded   $        3,233.75    $           3,233.75   Grant Funded  Grant Funded   $        4,897.36    $           4,897.36    $      2,100.00   $      2,100.00   $     10,231.11    $         10,231.11            Year 1 [a]  Year 2 [b]     Year 3 [c]  Cost Details   $      2,100.00    $    2,100.00    $        2,100.00    $           2,100.00   Grant Funded   Grant Funded   $        3,233.75    $           3,233.75   Integration Maintenance  Grant Funded  Total ‐ Monterey County (grant coverage until  6/30/15)   $      2,100.00         San Benito County ‐ Probation  Year 1 [a]  Host Site   $      2,100.00   Software Maintenance  Grant Funded   Grant Funded   $        4,897.36    $           4,897.36    $      2,100.00   $ 10,231.11    $         10,231.11            Integration Maintenance  Total – San Benito County (grant coverage  until 6/30/15)    Year 2 [b]   $    2,100.00   Year 3 [c]  Cost Details   $        2,100.00    $           2,100.00   Grant Funded   $        3,233.75    $           3,233.75   Grant Funded  Grant Funded   $        4,897.36    $           4,897.36    $      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  3]  Should  a  Probation  Department  determine  not  to  continue  after  the  completion  of  one  year,  then  the  remaining  Departments would be responsible for sharing licensing costs for item 3. SBISS will plan to include the above costs for all future  grant requests excluding host site costs. *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 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   District Attorney  $                     5,163.50   Agency D 50 plus 50 *Account creation and administration, network connectivity and security, training and travel, and phone 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 Sheriff’s 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 MOU Agreement_v.4.0 Page 32 of 37 Table 5 San  Benito  Monterey  Santa Cruz  Santa Clara  County Agency Name New Campbell Gilroy Los Altos Los Gatos Milpitas 41 59 30 38 75 Morgan Hill 36 Mountain View 95 Palo Alto 79 San Jose 1045 San Jose Univ PD Santa Clara PD 27 134 Santa Clara SO 453 Sunnyvale 200 Capitola PD 21 Santa Cruz PD 87 Santa Cruz SD 137 Watsonville PD 67 Carmel PD 14 CSU Monterey Bay Gonzales PD 15 11 Greenfield PD 14 King City PD 15 Marina DPS 34 Monterey PD 48 Monterey SD 287 Pacific Grove PD 16 Salinas PD 148 Sand City PD Seaside PD 10 37 Soledad PD 16 Hollister PD 21 San Benito SD 21 Total 3331 POST Statistics Current Employed Full-Time Sworn: (http://www.post.ca.gov/Data/Sites/1/post_docs/hiring/le-employment-stats.pdf SBISS South Bay Region Node MOU Agreement_v.4.0 Page 33 of 37 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 MOU Agreement_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 Print Name Date ___________________________________ SBISS South Bay Region Node MOU Agreement_v.4.0 Page 35 of 37 Exhibit D COPLINK ANNUAL DATA AUDIT FOR DATA ACCURACY Date Time Data Type SBISS South Bay Region Node MOU Agreement_v.4.0 Data Verified in COPLINK? 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 MOU Agreement_v.4.0 Page 37 of 37