resolution authorizing the city administrator to execute a memorandum of understanding for data...

8/12/2019 Resolution Authorizing the City Administrator to Execute a Memorandum of Understanding for Data Sharing 04-01

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To:From:Submitted by:Subject:

CITY OF CARMEL-BY-THE-SEACouncil ReportApril1, 2014

Honorable Mayor and Members of the City CouncilJason Stilwell, City Administra torMichael Calhoun, Director of Public SafetyConsideration of a Resolution authorizing the City Administrator toexecute a Memorandum of Understanding for data sharing among theCarmel-by-the-Sea Police Department and law enforcement agencieswithin the South Bay Information Sharing System SBISS) South BayRegion Node.

Recommendation s}: Adopt the attached Resolution authorizing the City Administratorto sign a Memorandum of Understanding between the MemberAgencies partic ipating in the South Bay Information Sharing SystemSB ISS).

Executive Summary: The Carmel-by-the-Sea Police Department has been a participatingmember in SBISS since March of 2010 (Resolution 2010-22) sharing lawenforcement information with other criminal justice agencies and isrecommending council approve the updated agreement. Participating isthis project with other law enforcement agencies will enable officers toperform immediate data searches to detect criminal and/ or terroristactivity . A majority of the costs for this program are funded th rough theUrban Area Security Initiative (UASI), US Department of HomelandSecurity, and the Federal Emergency Management Agency that coversvirtua lly all costs to participate except annual maintenance hardware andsoftware costs.

Analysis/Discussion : The benefits of participating in this program are significant, includingenhanced capability to solve past and future crime. The information isconfidential and is not subject to public disclosure except as authorizedby law. The memorandum of understanding was reviewed and approvedto form by the City Attorney. The MOU shall remain in effect andreviewed every three years.

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iscal Impact: FY 14/ 15 through FY 16/17: 625.26

Budgeted yes/no) Funding Source general fund, grant, state)Yes General Fund

Previous CouncilAction/Decision History:

Council approved the S ISS Memorandum of Understanding in Marchof 2010- Resolution 2010-22

Reviewed byCity Administrator City Attorney r {Asst. City Admin. Dir of CPPublic Safety Dir Library Dir

DD

Administrative Services DDir of Public Svcs Dther D


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CITY OF CARMEL-BY-THE-SEACITY COUNCIL

RESOLUTION 2014-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TOEXECUTE A MEMORANDUM OF UNDERSTANDING FOR DATA SHARINGAMONG THE CARMEL -BY-THE-SEA POLICE DEPARTMENT AND LAW

ENFORCEMENT AGENCIES WITHIN THE SOUTH B Y INFORMATION SHARINGSYSTEM SBISS)

WHEREAS, Monterey county law enforcement agencies desire to participate in aregional criminal information sharing consortium known as the South Bay Information SharingSystem (SBISS); and,WHEREAS, the expeditious sharing of criminal information will improve memberagency's investigative ability; and,WHEREAS, the Carmel-by-the-Sea Police Department will maintain ownership of itsrespective criminal justice records while making certain information available to otherparticipating members, pursuant to the guidelines of the SBISS Memorandum of Understanding;and, WHEREAS, the SBISS region-wide sharing of information will use a common softwaresystem known as CopLink to connect county and city law enforcement agencies within thecounties of Santa Clara, Santa Cruz, San Benito, and Monterey; and,WHEREAS. the CopLink software sharing system is recognized by the State ofCalifornia, the San Francisco Bay Area Urban Area Security Initiative (UASI), and the SBISS asa sole source vender that is uniquely qualified to establish connectivity between justice agencies

in the South Bay node, the Regional Terrorism Threat Centers, and other justice agenciesthroughout the state; and,WHEREAS, the San Francisco Bay Area UASI, US Department Homeland Security, andthe Federal Emergency Management Agency has allocated grant funds to pay for the Coplinksystem except for related maintenance of hardware and software costs which is shared among theparticipating agencies.NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITYOF CARMEL-BY-THE-SEA does hereby:1 Adopt the Resolution authorizing the City Administrator to execute the attachedmemorandum ofUnderstanding allowing the Carmel Police Department to continueas a participating agency within the SBISS.,2. Authorize police expenditures for (3) years in the amount of 625.26 per year for FY2 4 5 2015/16 and 2016/17.


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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY THE SEA this 1st day of April 2014 by the following roll call vote:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

ATTEST:

Daryl A. Betancur CMCDeputy City Clerk

SIGNED

Jason Burnett MAYOR

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Memorandum o UnderstandingSouth Bay Information Sharing System SBISS)SOUTH BAY REGION NODEThis Memorandum o Understanding ( MOU ) is made and entered into on this ayo 2013 by and between the parties below and all future signers o thisAgreement, known collectively as Member Agencies or individually as a MemberAgency .The following Member Agencies hereby create theSouth BaySystem (SBISS)SOUTH BAY REGION NODE (Node):agenciesarecollectively known as the Original Member Agencies.Santa Clara County:

Information SharingThe following

Campbell Police Department Gilroy Police Department Los Altos Police Department Los Gatos-Monte Sereno PoliceDepartment 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

Mountain View Police Department Palo Alto Police Department San Jose Police Department Santa Clara County Sheriff's Office Santa Clara Police Department Sunnyvale Department o PublicSafety

Santa Cruz County Sheriff's Office Watsonville Police Department

California State Univ. Monterey Bay Monterey County Sheriff's Office Pacific Grove Police Department Salinas Police Department Sand City Police Department Seaside Police Department Soledad Po lice Department

San Benito County Sheriff'sOffice

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Additionally, the following Member Agencies hereby also compose the South BayInformation Sharing System (SBISS) SOUTH BAY REGION NODE (Node): Thefollowing 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 BayInformation Sharing System (SBISS) SOUTH BAY REGION NODE (Node): Thefollowing agencies are collectively known as the University Police Agencies.

San Jose State University Police Department University o California Santa Cruz Police DepartmentAdditionally, the following Member Agencies hereby also composethe South BayInformation Sharing System (SBISS) SOUTH BAY REGION NODE (Node): Thefollowing agencies are collectively known as the Probation Member Agencies . Santa Clara County Probation Department San Benito Probation Department Monterey County Probation Department Santa Cruz County Probation Departmenturpose

This regional law enforcement information-sharing system shall be known as the SBISSSouth Bay Region Node. The purpose o this agreement is to maintain the South BayRegion Node, to outline the duties and responsibilities o each Member Agency, todefine the working relationships and lines o authority for Member Agencies in theSBISS South Bay Region Node, and to provide for the addition o other eligible entitiesin the data-sharing program created by this MOU. Member Agencies shall workcooperatively to establish an integrated system o information technology thatmaximizes the sharing o data and communication between the Member Agencies whilemaintaining the confidentiality o privileged or otherwise protected information sharedthrough the system. The Member Agencies shall work cooperatively in a variety oways to facilitate sharing data in an effort to improve the information sharing efforts otheir respective Agency and Node.

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SantaCiara County Police Chiefs and Sheriff, through a grant from the Office oHomeland Security, have identified the Cities, Counties, and other Agencies withinSantaCiara, Santa Cruz, Monterey, and San Benito Counties, including anydepartments or divisions o such agencies thatshould enter into this agreement to sharedata among such agencies.THEREFORE the Member Agencies hereby agree to the following:

1 Definitions:1.1 South ay Information Sharing System SBISS shall mean thecollective group of law enforcement and justice agencies,within SantaClara, Santa Cruz, Monterey, and San Benito Countieswho aresignatorieson a regional law enforcement information-sharingagreement1.2 South ay Region Node Node shall mean the collective informationalinfrastructure o the data warehouse operated for the benefit otheMember Agencies, within the central region of SBISSbound by theterms o this Agreement.1.3 South ay Region Node Board of Directors Board shall mean theBoard o Directors that is the governing body o the South BayInformation Sharing System.1.4 COPLINK shall mean the information sharing and analysis softwarelicensed to the Fiscal Agent on behalf o the Member Agencies by IBMunder the name COPLINK.1.5 Criminal Justice Practitioners those personnel from the MemberAgencies that have the appropriate clearance and authority to utilize andaccess the Data as a function o their employment, or those agenciesthat have been approved for read onlyparticipation by a majority vote othe Board Members.1.6 Data shall mean facts , detailed information, or other material providedby a Member Agency.1.7 Data Set is a specific grouping o data included in systems like records

management or jail management systems. For example, typical datasets within a records management system include, but are not limited to,Crime Reports, Field Investigations, Citations, Mug shots, and ArrestReports.

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1.8 Data Recordsrefers to a unique record associated with an incident orperson. For example, this refers to a single report that includes a varietyo data.

1.9 Fiscal Agent shall mean the Santa Clara County Office o the Sheriff asapproved and directed by the Urban Areas Security Initiative (UASI) tohandle and account for funds collected for the benefit o all MemberAgencies.1.10 Host shall mean the Santa Clara County Office o the Sheriff as theentity providing the facilities used to host the Node as determined by theUrban Areas Security Initiative (UASI).1.11 International Business Machines IBM shall mean a corporation with itsprincipal place o business at 1 New Orchard Road, Armonk, NewYork,10504-1722, and the owner and developer o the software knownas COPLINK.

Effective Date and Term o MOU2.1 Effective Date: The effective date o this MOU is the date noted aboveand/or the date each subsequent agency executes this Agreement.2.2 Term: This MOU shall remain in effect and shall be reviewed everythree years. The Agreement can only be terminated as provided herein.

3 Board o Directors3.1 The South Bay Region Node Board o Directors: shall be comprised oeleven (11) Directors and their respective alternates. Alternates shallserve as Directors in the absence o their respective Directors and shallexercise all rights and privileges thereof.

3 1 .1 Directors are as follows:3.1.1 13.1.1.23 1 .1.33.1.1.43.1.1.5

One Director shall be the Santa Clara County Sheriff.One Director shall be the Chief o the San Jose PoliceDepartment.One Director shall be appointed by the Santa ClaraCounty Police Chief's Association from its membership.One Director shall be the Santa Cruz County Sheriff.One Director shall be the Chief o the Santa Cruz PoliceDepartment.

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3 1 .1.63.1.1.73.1.1.83.1.1.93.1.1.103.1.1.11

One Director shall be appointed by the Santa CruzCounty Police Chief s Association from itsmembership.One Director shall be the Monterey County Sheriff.One Director shall be the Chief o the Salinas PoliceDepartment.One Director shall be appointed by the MontereyCounty Police Ch ief s Association from its membership .One Director shall be the San Benito County Sheriff.One Director shall be the Chief o the Hollister PoliceDepartment.3.1.2 Each member o the Board shall have one vote. A majority othe members o the entire Board shall constitute a quorum forthe transaction o business. Except where a supermajority isrequired by statute, this MOU or a resolution o the Board,actions by the Board shall require the affirmative vote o amajority o the entire Board (i.e. six (6) affirmative votes).3.1.3 Every year the Board shall elect a Chair from among itsmembership to preside at meetings and shall select a Secretarywho may, but need not, be one o the eleven Directors.3.1.4 The Board shall establish and adopt bylaws and a governanceprocess and will set policy for the use o the SBISS South BayRegion Node.3.1.5 Meetings: The Board shall hold at least two regular meetingseach year and may schedule additional or special meetings as

necessary.

Committee and Working Groups4.1 South Bay Region Node Technoloov Committee: TheBoard oDirectorsmayappoint a representative from each Member Agency toserve on the TechnologyCommittee. The Technology CommitteeMembers will serve at the so le discretion o the Board o Directors. The

Technology Committee will develop policies relating to data setinformation sharing. The Technology Committee will meet at least onceper year to address system operations, upgrades, enhancements andany other matters o concern to Member Agencies.4 2 South Bay Region Node Working Groups: The Board is empowered tocreate, dissolve, or reconstitute working groups,appoint representatives,

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and perform other actions as deemed necessary to fulfill the purposesstated herein, including the creation o such groups as animplementation, sustainment or other groups necessary to further lawenforcement information sharing efforts.

Data Access and Security Requirements5 1 Data Access: Access to Member Agencies Data will be providedutilizing a secure network maintained by the Host Node. The SantaClara County Sheriff s Office will be responsible for the maintenance andcare o the secure network. Query capabilities shall be provided toMember Agencies and Authorized Users utilizing any secure networkconfiguration that is acceptable to the Host Node. The informationresiding in the Data Repositories shall generally be available. MemberAgencies agree to inform other Member Agenciesin advance, wheneverpossible, o scheduled down times o specific data feeds.AII Member

Agencies will be required to sign the Coplink System Use Agreementand this Memorandum o Understanding prior to gaining access.

5.2 Data Sharing : All Member Agencies agree to share data with otherMember Agencies who have a need to know and a right to know, withcomprehensive, timely, accurate information about a suspect or offenderto include, but not limited to, identity, prior agency contacts, citations,arrests, investigations, criminal history, and current justice status.Eachagency will be required to have each employee sign an EmployeeStatement form agreeing not to misuse the information contained inCop ink. Each agency will have the prerogative o not sharing those itemso data that it deems sensitive or confidential. Nothing in this MOU shallbe construed to mean that any Member Agency must share any type odata. The South Bay Region Node Technology Committee will developa Guideline Document that will make a recommendation for the type odata to be shared by each agency. This document will be a guidelineonly and will not be binding. The data to be shared, will be the data thatthe Member Agency already has in its own database and no agency willbe required to collect any data that it does not collect in the normalcourse o business.The South Bay Region Node Technology Committee will set the criteriafor the minimum number o data sets (i.e. Crime Reports, Citations, FieldInvestigations, Mugs, Arrests Reports, etc.) that member agencies mustprovide to be a member agency. In addition, the Technology Committeewill adopt guidelines for agencies to withhold or suppress certaindocuments based on specific criteria . Based on these guidelines, eachMember Agency shall determine, in the exercise o its sole discretion,

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which data records areshared within the system. Each memberagencyshall maintain their respectivesource databases. EachAgencyshall strive to identify and achieve common interests to enhancepublic safety and due process while maintaining individual privacy rights.5.3 Security Requirements: Member Agencies agree to maintain andenforce security requirements for the system. Each Member Agency isresponsible for the internal agency security of their records and anytechnical support necessary to insure proper security. Member Agenciesagree to confirm that their network meets current DOJ securityrequirements as set forth in the most current Policies, Practices andProcedures Document provided by the Department of Justice, and thatSBISS will continue to meet those standards.

5.3 1 Liability and Indemnification : Each Member Agency takes legal andfinancial responsibility for the actions of their employees, officers,agents, representatives and volunteers. Member Agencies agree toindemnify, defend and hold harmless other Member Agencies tothe fullest extent permitted by law from and against any and alldemands, claims, actions, liabilities, losses, damages, and costs,including reasonable attorneys fees arising out of or resulting fromthis MOU, and that each agency shall bear the proportionate cost ofany damage attributable to the fault of that agency, its governingbody, officers, agents, employees and volunteers. It is the intentionof the Member Agencies that, where fault is determined to havebeen contributory, principles of comparative fault will be followed.

5.3.2 Background and Fingerprint Requirements: All persons includingnon-criminal justice and volunteer personnel who have access tothe SBISSSouth Bay Region Node are required to undergobackground and fingerprint check. Each Agency will determine,based ontheir internal policies and the CLETS Policies, Practices,and Procedures, whenSBISS access will not be granted to anemployee.The final responsibility for maintaining the securityandconfidentiality of SBISS information rests with the MemberAgency heador administrator.

5.3.3 User Access: Each employee/volunteer is required to sign anemployee statement form prior to operating or having SBISSaccess. Each employee/volunteer shall sign an employeestatement on a biennial basis. Additional requirements may berequired atthe discretion of an agency. A sample form is attachedhereto as Exhibit CWhen a person with access to SBISS is no longer employed or nolong r accessing SBISS on behalf of the Member Agency, the

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Agency isresponsible for removing all related passwords andsecurity authorizations from the system.No person with access to SBISS shall release any information orrecordslocated in SBISS without express permission of the OriginalAgency who provided the data. No person with access to SBISSshall release any information contained in SBISS either by CourtOrder or in response to a Public Records Act request unless theyare the originating agency of such data. All California PublicRecords Actor Freedom of Information Actrequests should bereferred back to the originating agency.

5.3.4 Insurance: Each Member Agency at its sole cost and expenseshall carry insurance or self-insure - its activities in connection withthis MOU and obtain keep in force and maintain insurance orequivalent programs of self-insurance for general liability workerscompensation and business automobile liability adequate to coverits potential liabilities hereunder. Each Member Agency shall carrya minimum of one million dollars in general liability insurance.

5.4 Connecting with other COPLINK Nodes: The Board will continually workto expand the connectivity of the SBISSSouth Bay Region Node and willactively pursue opportunities to sign MOU agreements with otherCO PLINK nodes under the guidelines outlined in this agreement.

5.5 SBISS Node Cooperation: Participating agencies understand that theSouth Bay Region Node Board of Directors has authorized the Chair ofthe Board to sign MOU and Inter-Agency agreements with otherCOPLINKnodes and Law Enforcement Sharing Systems for the purposeof expanding the data sharing network.

6 Information Ownership Release and Accuracy6 1 Ownership and Release Constraints: Member Agencies shall retaincontrol of and remain the official custodian of all information theycontribute to the South Bay Region Node. All requests for informationCalifornia Public Records ct or Freedom of Information Act will be

referredto the Member Agency that is the owner of the requested dataand the Member Agency that is the owner of the requested data will beresponsible for responding to the request for information.6.2 Information Utilization: Any Data present in the COPLINK or lawenforcement system is the proprietary information of the MemberAgency contributing thatData. Each Member Agency has an affirmative

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obligation to assure that any criminal intelligence datathat is enteredand used through the COPLINK intel L.E.A.D product complies with 28CFR Part 23.Member Agencies and Authorized Users may use the Datafor Law Enforcement purposes only. The Member Agency responsiblefor contributing the Data shall have sole discretion regarding release othat information.6.3 Information Accuracy: Member Agencies and Authorized Usersacknowledge that Data maintained in the South Bay Region Nodeconsists o information that may or may not be accurate . Each MemberAgency agrees to do an internalaudit o their own Data annually in orderto review the Data for accuracy. A random sampling o different types oData shall be se lected by each agency to review and compare theirRecords System Data with the same data in the Coplink system. EachMember Agency agrees to maintain a copy o their internal audit form fora period o no less than three years for review by the Board o Directorson request. A sample form is attached heretoas Exhibit Dand can beused to help facilitate this audit.6.4 Audit Trail: An Audit Trail will be maintained for a period o no less thanthree years to determine who accessed the data including the date andtime when the data was accessed .6.5 Data Errors: It will be the responsibility o the Member Agency to correctdata errors that have been identified at that Member's sole cost with in areasonable time, but no later than ninety-days (90) from the date onotification.

7 Funding Costs Personnel and Financial Considerations7.1 Node Costs: Costs for the creation, initial three (3) years omaintenance and the expansion o the Nodewas paidfor as set forth inthe SBISSSouth Bay Region Node Share o Cost Agreementattachedhereto as Exhibit A Since the initial creation o the node, ExhibitA hasand may be amended from time to time and is incorporated herein byreference.7.2 Payment Administration: The Fiscal Agent shall administer payments to

vendors and invoiceMember Agencies for their share o cost.7.3 Financial Responsibility: Initially, the hardware and software required ateach Node waspaid for with Grant funding. However, in the event grantfunding is not availableythe new Member Agency will be responsible forthe expense o acquiring and maintaining the hardware, software, anddata communication equipment and services needed by their Agency to

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connect to the Node.For new member or view-only agencies not part ofthe cost allocation tableall host related support costs shall be allocatedto the sustainment of the Node and will not serve as profit.lt isunderstood that as thesystem ages, there may be certain upgrades ormaintenance required on the hardware at each of the Member Agencies.These upgrades or required maintenance will be the sole responsibilityof the Member Agencies. Nothing included in this MOU requires anyAgency to directly fund the activities of any other Member Agency.Future upgrades to the Servers and Core Infrastructure of the Systemwill be shared between Member Agencies as indicated in theSBISSSouth Bay Region Node Share of Cost Agreement. In the eventthat hardware or software upgrades are required to facilitate the properfunctioning of the system, the Board of Directors will notify the MemberAgency in writing at least ninety 90) days in advance of the fundingrequirement.

7.4 Grant Funding: Grant funding provided by the Urban Area SecurityInitiative, Homeland Security Grant Program, Federal EmergencyManagement Agency, U.S. Department of Homeland Security has beenused to offset the start-up costs for the Node. The primary use of thesefunds will focus on infrastructure, paying for software licensemaintenance, anddata integration fees for the Member Agencies . TheFiscal Agent will manage all aspects of payment and reporting for grantfunding.

7.5 Future Grant Funding: Member Agencies thatindividually apply for grantfunding for this system should notify the South Bay Region Node Boardof Directors to avoid duplicative efforts and requests for funding. Anygrant funding which may result from such applications will be consideredto be outside of this MOU. The Member Agencies may choose to applyjointly for grant funding and upon the written agreement of the MemberAgencies; such monies shall fall under the jurisdiction of this MOU.

7.6 Member Agency Employees: Employees of a Member Agency workingfor the benefit of the Node remain the employees of that MemberAgency.

Amendments8 1 Addition of new Member Agencies: f additional agencieschoose tobecome Member Agencies after this MOUis executed, this Agreementshall be amended to include those agencies as signatories.

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8.2 This MOU may be modified by presentation of the proposed changesand an affirmative majority vote of the Board.8.3 All approved amendments must be in writing and approved by theBoard.

9 Termination9.1 MOU Termination : This MOU may be terminated by mutual agreement

of all Member Agencies.9.2 Member Agency Termination: Any Member Agency may terminate itsparticipation in this MOU with or without cause upon sixty-days 60) priorwritten notice to the Board, unless such termination is prohibited by agrant condition or unless the Member Agency is a Host Node. f theMember Agency wishes to remove Data from the Node after terminating

its participation, that Member Agency will be responsible for any costsassociated with removing their Data from the Node.Other Termination: The Board may exercise its authority to terminate therelationships established under th is MOU if the majority members of the Boarddetermine that a Member Agency is not complying with the terms and conditionsof this MOU, the Cost Sharing Agreement Exhibit A); and/or the System UsePolicy Exhibit B).

1 Miscellaneous10.1 This MOU is intended to provide for a strategic plan to promote datasharing and should be amended s necessary to accomplish the goal offully integrating the Member Agencies , future agencies and potentialfuture data sources.10.2 From time to time the Member Agencies may develop, adopt or createadditional policies and/or procedures related to other forms ofinformation gathering and sharing. The Member Agencies will have anopportunity to review, comment or revise these policies and onceapproved 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.

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Santa Clara County AgenciesCity o Campbell

Mark LinderCity ManagerCity o Campbell

Greg FinchChief o PoliceCity o Campbell

City o Gilroy

Thomas J HaglundCity ManagerCity o Gilroy

Denise J TurnerChief o PoliceCity o GilroyCity o Los Altos

Marcia SomersCity ManagerCity o Los Altos

Tuck YounisPolice ChiefCity o Los Altos

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Town o Los Gatos

Greg LarsonTown ManagerTown of Los Gatos

Scott SeamanPolice Chi fTown of Los Gatosity of Milpitas

Thomas C WilliamsCity ManagerCity of Milpitas

Steve PangelinanPolice ChiefCity of Milpitas

ity of Morgan Hill

Steve RymerCity ManagerCity of Morgan Hill

David SwingPolice ChiefCity of Morgan Hill

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Date

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City o Mountain View

Daniel H. RichCity ManagerCity o Mountain View

Scott S.G VermeerPolice ChiefCity o Mountain View

City of Palo lto

Jim KeeneCity ManagerCity o Palo Alto

Dennis BurnsPolice ChiefCity o Palo AltoCity of San Jose

Debra FigoneCity ManagerCity o San Jose

Larry Esquivel Interim)Police ChiefCity o San Jose

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San Jose State University

Administration and FinanceSan Jose State University

Peter DecenaPolice Chi fSan Jose State iversityity o Santa lara

Julio J FuentesCity ManagerCity of Santa Clara

Mike SellersPolice ChiefCity of Santa Claraounty of Santa lara

Jeffrey Smith MDCounty ExecutiveCounty of Santa Clara

Laurie SmithSheriffCounty of Santa Clara

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Date

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Sheila MitchellChief Probation OfficerCounty o Santa Clara

Jeffrey RosenDistrict ttorneyCounty o Santa Clara

City of Sunnyvale

Gary LuebbersCity ManagerCity o Sunnyvale

Frank GrgurinaDirector o Public SafetyCity o Sunnyvale

Santa Cruz County AgenciesCity o Capitola

Jamie GoldsteinCity ManagerCity o Capitola

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Date

Date

Date

Date

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Rudy EscalanteChief o PoliceCity o CapitolaCity o Santa Cruz

Martin BernalCity ManagerCity o Santa Cruz

Kevin VogelChief o PoliceCity o Santa Cruz

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Date

University o California Santa Cruz Police Department

Administration and FinanceUniversity o California Santa CruzNader Oweis DateChief o PoliceUniversity o California Santa CruzCounty of Santa Cruz

Carlos RiveraCounty Administrative OfficerCounty o Santa Cruz

Phil Wowak

Date

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Date

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Sheriff CoronerCounty o Santa Cruz

Scott MacDonaldChief Probation OfficerCounty o Santa Cruz

Bob LeeDistrict AttorneyCounty o Santa Cruz

City of Watsonville

Carlos J. PalaciosCity ManagerCity o Watsonville

Manny SolanoPolice ChiefCity o Watsonville

Monterey ounty AgenciesCity of Carmel

Jason StilwellCity AdministratorCity o Carmel

Mike CalhounPolice ChiefCity o Carmel

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Date

Date

Date

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ity of Del Rey Oaks

Daniel DawsonCity ManagerCity of Del Rey Oaks

Ronald J Langfordhief of PoliceCity of Del Rey Oaksity o Gonzales

Rene L MendezCity ManagerCity of Gonzales

Sherman JacksonPolice ChiefCity of Gonzalesity o Greenfield

John BakkerCity ManagerCity of Greenfield

Eric SillsPolice Chief

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City o Greenfieldity o King ity

Michael PowersCity ManagerCity o King City

Nick BaldiviezPolice Chief

ity o Marina

Douglas A Yount Interim)City ManagerCity o Marina

Edmundo RodriquezChief o PoliceCity o Marinaity o Monterey

Fred MeurerCity ManagerCity o Monterey

Phil PenkoChief o PoliceCity o Monterey

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ity ofPacific Grove

Thomas FrutcheyCity ManagerCity o Pacific Grove

Vicki L H MyersPolice ChiefCity o Pacific Groveity of Salinas

Ray CorpuzCity ManagerCity o Salinas

Kelly McMillinPolice ChiefCity o Salinasity of Sand ity

Steve MatarazzoCity AdministratorCity o Sand City

Michael KleinPolice ChiefCity o Sand City

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ityo Seaside

John DunnCity ManagerCity o Seaside

Vicki L H MyersPolice ChiefCity o Seaside

ounty o MontereyLew C BaumanCounty Administrative OfficerCounty o Monterey

Scott MillerSheriffCounty o Monterey

Manuel RealChief Probation OfficerCounty o Monterey

Dean D FlippoDistrict AttorneyCounty o Monterey

ity o Soledad

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Adela P. GonzalezCity ManagerCity o Soledad

Eric SillsChief o PoliceCity o Soledad

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Date

California State Un iversity Monterey BayKevin Saunders DateVP Administration and FinanceCaliforn ia State University Monterey Bay

Earl Lawson DateChief o PoliceCalifornia State n iversity Monterey Bay

San Benito County gencies :City o Hollister

Clint QuilterCity ManagerCity o HollisterDate

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Dave WestrickPolice ChiefCity of Hollister

County of San enito

RayEspinosaCounty Administrative OfficerCounty of San Benito

Darren ThompsonSheriff CoronerCounty of San Benito

Brent D. CardallChief Probation OfficerCounty of San Benito

Candice HooperDistrict AttorneyCounty of San Benito

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EXHIBIT ASHARE OF COST AGREEMENTSouth Bay Information Sharing System (SBISS)SOUTH B Y REGION NODE

Purpose and BackgroundThe Santa Clara County Sheriff s Office and Member Agencies agree to the terms andconditions set forth n the South Bay Information Sharing System (SBISS). SBISSisoverseen by the South Bay Information Sharing System Board of Directors . Agenciesenter into this cost sharing agreement to participate in the information-sharing systemknown as COPLINK via the South Bay Region Node. This agreement outlines thefinancial working relationship and cost-sharing contract for South Bay Region Nodemember agencies.THEREFORE, the Member Agencies herby agree to the following:1 Definitions

11 South Bay Information Sharing System (SBISS) is the name of theinformation sharing system node hosted by the Santa Clara County Officeof the Sheriff.

12 South Bay Information Sharing System (SBISS) Board of Directors isthe governing body of the South Bay Information Sharing System .1.3 Datashall mean electronic facts, detailed information, or other materialprovided by a Member Agency.1.4 Data Repositoryshal l 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 s the fiscal agent for theSouth Bay Region Node of SBISS and will handle and account for fundscollected by the Node for the benefit of all Member Agencies.1 6 South Bay Region Nodeshall mean the collective signatory lawenforcement and justice agencies, within Santa Clara, Santa Cruz,Monterey andSan BenitoCounties who have agreed to work within theparameters of this Agreement.1.7 South Bay Region Node is the collective group of agencies that haveentered into a MOU agreement to participate in the SBISSSouth BayRegion Node for law enforcement information-sharing.

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1.8 Member Agencyshall mean law enforcement agencies contributing datato the South Bay Region Node SBISS, including District Attorney orUniversity Police agencies and allowed access to data o other memberagencies and other COPLINK nodes.1.9 International Business Machines IBM) shall mean a corporation with itsprincipal place o COPLINK business at 1 New Orchard Road, Armonk,New York,10504-1722, and the owner and developer o COPLINK.1 1 0 COPLINKshall mean the information sharing and analysis softwarelicensed to the member agencies by IBM under the name COPLINK.1 11 Vendor Tools shall mean the SBISS information sharing and analysissoftware available to the member agencies.

2 Requirements for Participation2.1 To participate in the South Bay Region Node, Member Agencies agree toshare costs based on the member population computation as described

in Section 4 below. Other cost sharing formulas may be proposed andconsidered by the South Bay Region Node Board o Directors when theMOU is renewed or amended.2.2 To participate in the South Bay Region Node, Member Agencies agree tocontribute data from their Records Management System (RMS), JailManagement System (JMS), Mugshot or Case Management System(CMS) , and law enforcement data as defined by the South Bay RegionNode Technology Committee.

3 Financial Oversight and Management3.1Node Costs: After the current Grant Funding is exhausted in2015, MemberAgencies shall pay a proportional share o software purchasecosts,software maintenance, implementation, network, hardware, andoperational costs, as approved by the South Bay Region Node asapproved by the SBISS Board o Directors.3 1 Annual Budget Each year the Santa Clara County Office o the Sheriffshall prepare an annual budget for approval by the Board o Directors thatidentifies the expenses each Member Agency will be required to contributefor the year.

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3.2 Annual Report At least once a year the Santa Clara County Office of theSheriff shall report to the SBISS Board of Directors on all funds collectedand expended by the South Bay Region Node in support of the COPLINKproject.3.3 Payment AdministrationTheSanta Clara County Office of the Sheriffshall administer payments to all vendors and invoice Member Agencies fortheir share of this cost.3.4 Financial ResponsibilityTheSanta Clara County Office of the Sheriff willbe responsible for paying for the expenses associated with connecting tothe SBISSNode data repository, which may include acquiring hardware,software, data communication equipment and/or other required services.For any expenses incurred before January1 , 2015, the Santa ClaraCounty Sheriff's Office will use the funds received fromgrant awarded bythe U.S. Department of Homeland Security. After January 1, 2015, theMember Agencies shall be responsible for paying for those costs relatedto maintenance and upgrades to the system unless covered by grantfunding. No Member Agency sha ll be responsible for funding the activities

of any other Member Agency.

4 Payment ScheduleHomeland Security Grant Program: The UASigrantsfrom the U.S. Department ofHomeland Security haspaid for the necessary hardware infrastructure for the South BayRegion Node, 100% of the data integration costs for each Member Agency, theenterprise software license fee, and threeyears of maintenance. The following chartoutlines the initial and ongoing maintenance costs for Member Agencies to participate inthe SBISS Node including thoseexpenses not covered by the grant. Thesemaintenance costs are subject to review and additional assessment by the SBISSSouthBay Regional Node Board of Directors. Additional Homeland Security grant funding hasbeen secured with Fiscal Years 2010, 2011, 2012 and 2013 funding related tosustainment and enhancements to the sharing system. Please refer to cost sharingallocation tables below. Table 1 is the current cost sharing model applicable to theOriginal Member Agencies , while Tables 2 and 3 apply to New Member Agenciesthat consist of the SBISS Region Probation Departments fromSanta Clara, Santa Cruz,Monterey and San Benito counties.Table

Cost Allocation2010Population % ofTotal Cost Allocation Starting Year [3] Jan

Agency Est imate[1] Population Years 2, 3, 4[2] 1, 2015)Santa Clara Coun rCampbell P 39,349 2.19% 1,210.20 3,620 .34

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Gilroy PD 48,821 2.72% 1 501.52 4,491.82Los Altos PD 28 976 1.61% 891.18 2,665.96Los Ga tos PD plu s Monte Sereno 32754 1.82% 1,007 .37 3013 .56Milpitas PD 66, 790 3.72% 2,054 .17 6,145.07Morgan Hill PD 37 882 2.11% 1,165.09 3,485.37Mounta in View PD 74,066 4.12% 2,277.95 6,814.50Palo Alto PD 64403 3.59% 1,980.76 5,925.45San Jose PD 958966 53 .39% 29,493.63 88,230.47Santa Clara PD 116 468 6.48% 3,582 .05 10 715.74Sheriff Un inco rporated plus:(Cupertino,Sa rat oga, Los AltosHills) 187747 10.45 5 774 .28 17,273.82Sunnyva le DPS 140 ,081 7.80% 4 308.28 12 888.27Total Santa Clar a County 1,796,303.00 100% 55 ,246.49 165,270.37

Santa ruz ountvCa pi to la PD 9,918 4.02% 305 .03 1,159.62Sant a Cruz PD 59,946 24.28% 1,843.68 7,008.94Scotts Va lley (11,128 population) 0 0 .00% - -Sheriff 125,831 50 .97 3 870.02 14,712.28Watsonville PD 51 ,199 20 .74% 1,574.66 5,986.24Total Santa Cr uz County 246,894 100% 7,593.39 28,867.09onterey unty

Carme l PD 3,722 0 .88% 114.47 626.72Del Rey Oaks -(1,529 population) 0 0.00% - -

1,378.54Gon za les PD 8,187 1.94% 251 .80Greenfie ld PD 16 330 3.88% 502 .24 2749 .68

ng Cit y PD 12,874 3.06% 395 .95 2,167.75Marina PD 19718 4 .68% 606.44 3,320 .16Monterey 27,810 6 .60% 855.31 4 682.70Pacific Grove 15,041 3.57% 462.60 2532.63Sa linas 150,441 35.72% 4 626.91 25,331.55Sand City 33 0.01% 1.01 5.56Seaside 33 ,025 7.84% 1,015.71 5,560.81Sheriff 101 208 24 .03% 3,112.72 17,04 1.60Soledad 25 ,738 6.11% 791.59 4,333.82Ca lifo rnia State Universit yMonte rey Bay 7 000 1.66% 215.29 1178 .67

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Total Monterey County 421,127.00 100% 12,952.04 70,910.19San Benito CounnHollister 34,928 64.98% 1,074.23 7780.55Sheriff 18,821 35.02% 578.85 4,192.56Total San Benito County 53,749.00 100% 1,653.09 11,973.11Total annual maintenance allcounties 77,445.00 296,390.76Table 1 Notes:[1] The population is based on the 2010census data and will provide the basis for the initial cost sharing allocation.[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),Year 4: 01/01/13 to 12/31Year 5: 01/01/14 to 12/31/14). The expenses allocated during these periods include but are not limited to the Host and Resource Annuaassociated with a .5 FTE Informat ion Systems Staff.[3] Cost allocat ion begins in Year January 1, 2015. The expenses allocated during th is period include but are not limited to the Coplinannual software and Integration Services Maintenance & Technica l Support license fee (based on the number of sworn personnel in eachMember Agency and datasource integration maintenance costs) and the Host and Resource Annual costs that include network ha rdwareInternet Services maintenance and the costs associated with a .5 FTE Information Systems Staff.Table 2

SBJSS Probation Module) Licensing, lntegrationand Support Costs (Summary) Probation CostsSMRA MODULE Cost ( 99,500.00: Paid with Grant Funding) Grant Funded

Integration Cost ( 37,672.00: Paid with Grant Funding) Grant FundedSUBTOTAL ( 137,172.00) Grant Funded

Year 1- Host Site Costs (Paid for by each Probation Dept.) 2,100.00Year 1- License Maintenance Costs (Divided by Participating Probation Depts.) Grant FundedYear 1- Integration Maintenance Costs (Paid for by each Probation Dept.) Grant FundedYear 2- Host Site Costs (Paid for by each Probation Dept.) 2,100.00Year 2- License Maintenance Costs (Shared by Participating Probation Depts.) Grant FundedYear 2- Integration Maintenance Costs (Paid for by each Probation Dept.) Grant FundedYear 3- Host Site Costs (Paid for by each Probation Dept.) 2,100.00Year 3- License Maintenance Costs (Shared by Participating Probation Depts.) 12,935.00Year 3- Integration Maintenance Costs (Paid for by each Probation Dept.) 4 897.36

Table 3CoRiink SRMA {PROBATION MODULE} Annual Software & Integration Services Maintenance & u ~ ~ o r t

[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 Ma intenance @ 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 DetailsHost Site 2,100.00 2,100.00 2,100.00 2,100.00

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Software Maintenance Grant Fun ded Gran t Funded 3,233.75Integrat ion Maintenance Grant Funde d Grant Funded s 4,897.36Tot a Santa Cla ra Co unty grant coverageunti l 6/30/15) 2,100.00 2,100.00 10,231.11

Santa Cruz County - Probation Ye ar 1 [a] Year 2 [b) Year 3 [c)Host Site 2,100.00 2,100.00 2,100.00So ftware Maintenance Grant Funded Grant Funded 3,233.75Integrat ion Maintenance Grant Funded Grant Funded s 4,897 .36Total- Santa Cruz County grant coverageuntil 6/30/15) 2,100.00 2,100.00 10,231.11Monterey County - Probat ion Year 1 [a] Yea r 2 [b) Year 3 [cHost Site 2,100.00 100.00 2,100.00Soft ware Maintenance Grant Funded Grant Fun ded 3,233.75Integration Maintenance Grant Funded Grant Funded s 4,897.36Total- Monterey County grant coverage unt il6/30/15) 2,100.00 2,100.00 10,231.11

San Benito County - Probat ion Year 1 [a] Year 2 [b) Year 3 [c)Host Site 2,100 .00 2,100.00 2,100.00Software Maintenance Grant Funded Grant Funded 3,233.75Integrat ion Maintenance Grant Funded Grant Funded s 4,897.36Total - San Benito County grant coverageuntil 6/30/15) 2,100.00 2,100.00 10,231.11

[a] Year 1 7/01/13- 6/30/ 14):Host site costs apply during year one and commence after implementationis complete.[b) Year 2 7/ 01/14 - 6/ 30/15): Grant Funding for software and integration maintenance. Exc ludes host site costs.[c) Year 3 7/ 01/15 - 6/ 30/16): To include software and in tegration maintenance along with host site costs.

3,233.754,897.36

10,231.11

Cost Deta ils2,100003,233.754,897.36

10,231.11

Cost Deta i ls2,100.003,233.754,897.36

10,231.11

Cost De tails2,100.003,233.754,897.36

10,231.11

[Item 3] Should a Probation Department determine not to continue after the completion of one year, then the remainingDepartments would be responsible fo r sharing licensing costs for item 3. SBISS will plan to include the above costs fo r all futuregrant requests excluding host site costs. *Note : Annual Billing: Billing invoices related to host site costswill be sent during thelast quarter of the first year. After the successful implementation of the module and integration of the final probation casemanagement system, the maintenance cycle will commence. After the first annual cycle completes, Probation Departments willbe responsible for sustainment of the probation module, and datasource integration maintenance. Currently host site costshave not been eligible for grant funding coverage and as a result, member agencies have had to include these costs as part oftheir annual budgets.

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TableAnnual Support

Sworn *Network, Administration and TrainingDistrict Attornev Count Resource Hours Annual SupportAgency A 1-19 10 1,032.70Agency 8 20-30 20 2 065.40Agency C 31 -50 30 3,098.10Agency D 50 plus 50 5,163.50Account creation and administration, network connectivity and security, training and travel, and

phone support.

4.1 Agency annual maintenancecosts for items not covered by the grant willbegin at the sooneston July 1 201 O.Each year the fiscal agent will invoiceeach Member Agency for the maintenance costs. The member Agencyshall pay the annual payment within 30 days of receipt. If payment orpayment arrangements have not been agreed to by the payment due date,services will be terminated.4.2 Each Member shall pay a share of the Annual Maintenance Costs basedon the principle that Members shall share the systems maintenance costsbased on the system, sworn counts, and member population computation

or other on-going cost computation as determined by the South BayRegion Node Board of Directors. Member Agency population was basedon the 2010 U. S. Census and will be updated to re flect the 2010 U.SCensus numbers.Including sworn counts, the cost allocations for each police departmentand Sheriffs Office will reflect the U. S. Census data with the exceptionthat Los Gatos-Monte Sereno Police Department will be assessed thecombined population allocations for the City of Los Gatos and the City ofMonte Sereno and the assessment for the Santa Clara County Office ofthe Sheriff will be the combined population allocations for theunincorporated Santa Clara County, the City of Cupertino, the City ofSaratoga, and the City of Los Altos Hills.Additionally, the District Attorneymember agencies will have cost sharing allocations specific to theiragencies and are reflected in above tables 4 and 5 respectively. The otherexception is for all University Police Departments as theirallocationswill bebased on campus populations.Cost allocation for the Probation Departments (see above Table 3)will bebased on shared maintenance costs for sustainment of the COPLINKSupervised Release and Monitoring Alert Module (SRMA Module), and

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the integration o their respective case management data source intoCOPLINK data warehouse.Cost allocation for the District Attorney Officeswi be based on sworncounts see above Table 4).

4.3 In the event o a violation o the terms and conditions o the Cost SharingAgreement, the Board will be responsible for analyzing any violation o theAgreement and will determine what action , i any shall be taken againstthe Member Agency for said violation.

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EXHI ITCEMPLOYEE/VOLUNTEER STATEMENT FORM

As an employee/volunteer oyou may have access toconfidential records stored in the SBISSSouth Bay Information Sharing System. Allaccess is based on the need to know and the right to know. Misuse o suchinformation may adversely affect an individual's civil rights, and violates the law and/orSBISS policy.

Penal Code Section 502 prescribes the penalties relating to computer crimes.Penal Code Sections 05 and 13300 identify who has access to criminal historyinformation and under what circumstances it may be released . Penal Code Sections11141-11143 and 13302-13304 prescribe penalties for misuse o criminal historyinformation. Government Code Section 6200 prescribes the felony penalties for misuseo public records.

Any person authorized by law to receive a record or information obtained from arecord who knowingly furnishes the record or information not authorized by law toreceive the record or information is guilty o a misdemeanor.Any employee/volunteer who is responsible for SBISS misuse is subject toimmediate dismissal from employment. Violations o the law may result in criminaland/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 IUNDERSTAND THAT VIOLATION OF ANY OF THE TERMS AND CONDITIONS MAYLEAD TO DISCIPLINARY ACTION AND OR CRIMINAL PROSECUTION

Signature Print Name

Date _

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xhibitDCOPLINK

ANNUAL DATA AUDIT FOR DATA ACCURACYDate Time Data Data Verified inType Coplink

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ppen ix

Table o ontentsI Policies and Procedures

1 South Bay Information Sharing System ALPR Policies and Procedures;Incorporated 8 29 13

resolution authorizing the city administrator to execute a memorandum of understanding for data...

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