HomeMy WebLinkAboutC-3692(E) - Joint Power Agreement (JPA) for the Integrated Law and Justice Agency11'11 ". 2005
(JI/I� aX6)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
November 22, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Bob McDonell, Chief of Police, 949 644 3701, bmcdonell @nbpd.org
SUBJECT: Proposed Joint Powers Authority — Integrated Law and Justice Agency
RECOMMENDATION:
Approve the attached Resolution 2005-(Exhibit 1) authorizing the City of
Newport Beach to participate in the Integrated Law and Justice Agency for
Orange County (ILJAOC) and authorize the Mayor to execute the Joint Powers
Agreement (JPA) associated with the City's participation, and authorize the City
Manager and /or Police Chief to execute any related documents consistent with
the implementation of this Agreement.
2. Ratify the COPLINK System Use Policy (Exhibit 7), specifically authorizing the
Chief of Police to execute the document and any amendments on behalf of the
City.
BACKGROUND:
On November 12, 2002, the City Council adopted resolution 2002 -77 authorizing the
formation of the Integrated Law and Justice Agency Joint Powers Authority. The
recommendation contained in this report is necessary due to the fact that the Agency
was never formed based upon the County's failure to bring the matter before the Board
of Supervisors in December of 2002 as originally drafted because of last minute
objections from the Sheriff. The proposed JPA, which is attached as Exhibit 2, is
essentially the same as adopted by Council in 2002, without the County as a participant.
DISCUSSION:
Because several members of the Council were not serving in that capacity when the
JPA was first adopted in 2002, 1 have included a more detailed explanation of the
history of the Project and efforts surrounding the governance issue than ordinarily may
be necessary, considering the Council's former action.
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Page 2
Cities and County law enforcement officials have been concerned for a number of years
that the methods used by the Court, the Sheriff's Office, municipal police departments,
and the District Attorney's Office to interact with each other, are not as coordinated
and /or efficient as they should be. In early 1997 as part of a local study, the Orange
County Chiefs and Sheriffs Association ( "Association") determined that over $5 million
in overtime (using 1995 data) was being spent in Orange County by the various law
enforcement agencies for off -duty Court appearances alone, when only one to two
percent of those same officers actually testified in court. As a result, we obtained grant
funding to study the witness management system in this County. We hired a nationally
regarded consulting firm to do the Study, which identified several inefficiencies in the
Criminal Justice System in Orange County and made some short-term changes with the
support of the Court that have had a moderate impact on the problem. Based upon
findings in the Study, we formed a Project Steering Committee ( "Steering Committee")
that included:
• Chiefs from six municipal police departments (now expanded to seven; appointed by
the Orange County Chiefs' and Sheriff's Association and representing all municipal
chiefs in the County);
• The department heads of County Criminal Justice Agencies (including the Sheriff,
District Attorney, Public Defender, and Chief Probation Officer);
• The Chief Executive Officer and Presiding Judge of the Superior Court;
• Two representatives from the Orange County City Managers' Association; and
. A representative from the County Executive Office (CEO).
The Steering Committee developed a Memorandum of Agreement (Exhibit 3) at the
time (1997) that outlined shared principles. The Agreement directed us to take a more
comprehensive look at the entire Criminal Justice System in Orange County and to see
how it could be improved.
We secured local funding to begin the effort after failing to get any assistance at the
State level. We combined pre- bankruptcy funds contributed by the cities to the Orange
County Automated Teletype System (OCATS) with County- budgeted funds for criminal
justice integration, issued a request for proposals (RFP) and ultimately awarded a
contract to Deloitte Consulting to help us prepare a Strategic Plan ( "Plan ") for what we
called the Integrated Law and Justice Project ( "Project "). The Strategic Plan examined
all components of the Criminal Justice System in the County in the review and included
all 21 municipal police departments, the Sheriff, the District Attorney, Probation, Public
Defender, the Courts, and others in the Project. After a year of work, the Steering
Committee and all members of the Association adopted the Plan in April 2001.
The Strategic Plan recommended that we:
Improve public safety through increased access to better information on a more
timely basis;
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November 22, 2005
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• Reduce redundant data entry and processes;
• Stop "reinventing the wheel ";
• Become more efficient so we could re- deploy funds into other law and justice
activities; and
• Take advantage of the national emphasis (and related funding) for integration
initiatives.
The Strategic Plan identified eight specific initiatives for us to implement. (Other sub-
projects have. also been addressed since the Plan was formally adopted.) We
specifically intended that the Plan result in modules that we could implement on a "pay
as you go" basis. The eight primary Initiatives are to:
• Establish a governance structure;
• Distribute and provide access to Court disposition information;
• Provide electronic access to conditions of probation through a single -name
inquiry check;
• Process and deliver subpoenas electronically;
• Share records and case data across jurisdictional lines and between disparate
databases;
• Automate case filing, including establishing a case number index that unifies the
different filing systems within the Criminal Justice System;
• Infrastructure design (the design of a "middleware platform" to accomplish the
information sharing contemplated in the Strategic Plan); and
• Security (the development of specific security solutions to ensure confidentiality
and access restrictions, while still facilitating the contemplated information -
sharing).
Funding & Cost Issues. Our consultants initially estimated one -time costs to implement
the Plan at $10 -$12 million. These costs are largely technology purchases,
installations, and consultant assistance in that process. They also identified ongoing
costs for upgrades and outside help, but it is difficult to determine all of the costs to a
certainty before the projects are formally designed and implemented. We do not
envision that the JPA will have staff, but rather contract assistance for managing the
various Initiatives. Existing personnel within each member agency will support the
ILJAOC's work in their particular agency. Those costs attributed to any particular
member that are related to improvements benefiting all users will be subject to
reimbursement and /or will be shared on a proportionate basis. Currently, it is the intent
of the Project Steering Committee to implement the Project on a "pay as you go" basis,
relying on available grant funds to accomplish the objectives.
In spite of the initial estimate, we believe that the one -time costs will be less than $10-
12 million figure, based upon work already underway and new improvements in
technology. We have already invested $1 million in local funds (which resided in the
County budget) for the Strategic Plan, secured in excess of another $5 million in
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Federal funds, with another appropriation request from former Representative
Christopher Cox (R- Newport Beach) still pending in the current Appropriations Bill for
the Departments of Commerce, Justice and State.
To elaborate further on the JPA's future costs, 1 will stress again how difficult it is to
define a specific dollar figure at this point. However, each member of the Agency as
individuals and the JPA as a whole will evaluate ongoing maintenance costs in the
selection of any product or service that addresses each Initiative. Without a doubt, the
JPA will have ongoing costs to the participating agencies; however, those costs will be
assessed in a rational, deliberative manner, with a decision - making process designed
intentionally to require a consensus vote by a two- thirds majority of the Governance
Board. We are also confident that some Agency members will either donate their
services for the overhead associated with this form of governance (legal advice,
administrative /budgetary support, risk management, etc.) or will only charge the JPA for
direct costs associated with the assistance.
During follow -up meetings involving the City Managers' Association, Project
representatives were asked, in spite of the difficulty, to prepare a preliminary budget to
approximate the costs that may be incurred over the next several years in order to give
them a better idea of what to expect financially. We enlisted the assistance of the
Project's Deloitte consultant to attempt to identify the worst -case scenario. Attached as
Exhibit 4 is that report, which identifies costs with participation from the County and
without. The request before you today does not include the County. As yet, they have
not reconsidered their position to participate either directly or indirectly on behalf of the
contract cities, which rely on the Sheriff for police service. We are still hopeful that the
County will reconsider their position on participation, as all other members of the
Criminal Justice System in Orange County, including the Superior Court, have
expressed their support for the Project and for the related JPA Governance.
Cost- Avoidance. Even though some of the long -term costs for the JPA are not definitely
known today, we know that we will all continue to incur significant costs if we do not
address the current system's inefficiencies. We will pay for those inefficiencies at a
level that far exceeds the cost associated with this Project. Here are good examples of
how the Project can help reduce inefficiencies:
Citation Databases. The County's Courts contract with a third party vendor to
manually enter approximately 750,000 citations annually into their database, even
after local law enforcement agencies have entered those same citations into our
local databases. If we could electronically upload our information to the Court
system, our collective savings would be significant.
Electronic Filing of Criminal Cases. Today, four sectors of the justice system hand -
enter criminal case data. The originating agency does it first, then the DA's office,
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then the Court, and eventually the Public Defender -- all by hand. Even more data
entry occurs later if the defendant is placed on probation.
These are just two examples of why this Project (and the governance to support it) is so
important to those who serve in and are served by the Criminal Justice System here in
Orange County.
PROJECT STATUS
A number of the Initiatives and projects identified in the Strategic Plan, as well as
related efforts (such as Terms and Conditions of Probation, Electronic Subpoena
Service, Countywide Electronic Scheduling, Court Dispositions, and Data Sharing) are
currently implemented or they have undergone substantial development and
improvement.
MORE ON GOVERNANCE
One of the more difficult Initiatives identified in the Strategic Plan was the need for a
strong governance, both in the short-term for the Project and for the long -term
management of the information sharing and efficiencies brought about through these
efforts. We worked hard to craft a document that ensured good representation of those
affected by the outcome, yet protected those who already had infrastructure in place for
information sharing, etc.
We started with two primary governance alternatives, neither of which poses significant
costs to their creation, although the JPA results in slightly higher overhead:
• A JPA, where agencies with specific powers establish a formal, separate authority to
carryout the prescribed responsibilities; and
• A Memorandum of Understanding (MOU), where agencies agree to perform specific
tasks in a cooperative way, via a simple legal agreement to do so.
Why a JPA. Early on, a majority of the agencies on the Steering Committee clearly
preferred the more formal JPA; however, the County Sheriff and the CEO preferred the
less formal MOU -- they preferred the MOU alternative, which would allow any
recommendations made within the MOU to be "advisory only" (and not binding) to the
Board of Supervisors.
After considering both approaches, a draft JPA was developed. The ILJ Steering
Committee and the Orange County Chiefs' and Sheriff's Association overwhelmingly
supported the JPA model. Although of the opinion that the JPA is too formal, Sheriff
Michael Carona had originally indicated that (based upon the overwhelming support by
the rest of the Criminal Justice Community) he would not oppose the JPA if adopted,
and his Department would participate. However, several days before the JPA was
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November 22, 2005
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scheduled for approval before the Board of Supervisors on December 10, 2002, the
Sheriff changed his position and actively opposed it. At that point, it was removed from
the Board Agenda, and the governance formation has been stalled ever since. Our City
Council (along with several others) formally adopted Resolution Number 2002 -77 on a
unanimous vote on November 12, 2002, and the Mayor executed the required
documents; however, as stated, it was never implemented.
Many eyes and agencies have reviewed and revised the JPA document itself, including
our own City Attorney's Office and others, as well as a former County CEO and his staff,
all of whom worked through the substantive language that is now reflected in the JPA
document.
We did not chose the JPA structure in a vacuum — we sought opinions from consulting
firms, corporations involved in criminal justice integration projects across the country,
and a non - profit consortium funded by the Federal government that assists criminal
justice agencies with integration projects. They all concurred that an effective Project
implementation and the long -term success of our efficiency improvements require
governance that is institutionalized, as opposed to a less formal structure that may be
eroded by time and changes in founding personnel. We believe a JPA will truly result in
fair representation for those member agencies involved in the improvements we are
attempting to effect.
Voting within the JPA. The JPA requires a two - thirds majority vote for any budget -
related decision to ensure there is a clear consensus for any such decision. In addition,
the JPA document allows agencies to withdraw from participation and /or to be
reimbursed for any costs required to improve the existing Countywide infrastructure,
should that become necessary to facilitate the Project implementation.
Overall, it is clear to virtually all those who have participated in this Project since its
inception that the JPA form of governance is the preferred alternative, given both our
Countywide experience with less formal methods of governance for significant projects,
and given the long -term implications of changes required in justice system
administration as laws and technology change.
City Managers' Association Action. On September 7, 2005, a presentation was made to
the Orange County City Managers' Association ( OCCMA) as a follow up to the attached
letter (Exhibit 5), signed by every Chief of Police in the County, the District Attorney and
the Presiding Judge of the Superior Court. The request was a clear one. The time had
come — and was past due, to implement the JPA Governance, even without the County
participation, to insure the overall work of the ILJ Project and significant resources such
as the COPLINK System remain viable and are improved into the future. On
November 2, 2005, the OCCMA again deliberated on the issue, and those City
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Managers with municipal police departments unanimously approved the
recommendation to form the JPA for the Integrated Law & Justice Agency. The letter
memorializing that action is attached as Exhibit 6.
COPLINK System Use Policy
Attached as Exhibit 7 is a tentatively executed COPLINK System Use Policy, which
governs the operation and use of the Data Sharing System currently under development
by the ILJ Project. It insures that those contributing data to the System and those
accessing it follow certain procedural requirements. Because there is an
indemnification clause in the Agreement, Council is asked to ratify the action and
authorize the Chief of Police to execute the document and any subsequent
amendments to it. The City Attorney was consulted and reviewed the document.
Environmental Review: None.
CONCLUSION:
I am proud that — for the first time in anyone's collective memory, the vast majority of the
Orange County Criminal Justice System has come together for a common purpose: to
improve information sharing and efficiency for all those who are both members and who
are affected by that System. With that common purpose comes the need for truly
shared decision making by all parties. At some point in the near future, we all look
forward to the Sheriff and other County of Orange Criminal Justice departments'
participation as well. It is our sincere hope and our collective desire.
Only with an institutionalized commitment to a better, more efficient legal system and to
the long -term maintenance of that improved system, will we succeed.
As a result, I therefore respectfully urge your endorsement of the formation of the
Integrated Law and Justice Agency of Orange County and the City's participation in that
Joint Powers Authority. I also ask you to approve the recommendation related to then
execution of the related COPLINK System Use Policy.
Respectively submitted,
P, J, IrvJ
Bob McDonell
CHIEF OF POLICE
Attachments: Exhibits 1 -7
' 4 Exhibit 1
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING JOINT POWERS
AGREEMENT FOR THE INTEGRATED LAW AND JUSTICE
AGENCY FOR ORANGE COUNTY
WHEREAS, the City of Newport Beach desires to cooperate with other public
agencies to exercise some or all of their powers to establish, operate, and maintain the
Integrated Law and Justice Agency for Orange County ( "ILJAOC "), consistent with the
Joint Powers Agreement ( "JPA ") dated November 22, 2005; and
WHEREAS, the City of Newport Beach has and possesses the power and
authority to finance, organize, participate, and establish a public agency to facilitate the
integration and sharing of criminal justice information for the benefit of the lands and
inhabitance within their respective boundaries; and
WHEREAS, the City of Newport Beach and other public agencies propose to join
together to establish, operate and maintain a public agency for the benefit of their
respective lands and inhabitance; and
WHEREAS, it is in the public interest to provide a means by which other public
agencies may request services for the benefit of their lands and inhabitance; and
WHEREAS; the City of Newport Beach has the authority to finance, organize, and
participate in a public agency such as the ( "ILJAOC ") pursuant to California Government
Code Section 6500 et seq.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Newport Beach, California, pursuant to this authority, hereby adopts and approves the
( "JPA ") for ( "ILJAOC "), attached as Exhibit 2 and incorporated by this reference.
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BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take
the necessary steps consistent with the ( "JPA ") for the ( "ILJAOC ") to effectuate the
organization and establishment of the ( "JPA ") for the ( "ILJAOC ").
ADOPTED this day of , 2005.
John Heffernan, Mayor
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Daniel K. Ohl, Deputy City Attorney
City of Newport Beach
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• • Exhibit 2
JOINT POWERS AGREEMENT
FOR
INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY
(ILJAOC)
This Agreement is made and entered into by and between the listed cities,
other entities, and County of Orange collectively referred to as "Member Agencies"
This Agreement is dated , 2005 for reference purposes.
Member Agencies
Anaheim Fountain Valley La Palma
Brea Fullerton Laguna Beach
Buena Park Garden Grove Los Alamitos
Costa Mesa Huntington Beach Newport Beach
County of Orange Irvine Orange
Cypress La Habra Placentia
RECITALS
Santa Ana
Seal Beach
Superior Court of CA,
County of Orange
Tustin
Westminster
WHEREAS, the Member Agencies have and possess the power and
authorization to finance, organize, and establish a public agency to facilitate the
integration and sharing of criminal justice information for the benefit of the lands
and inhabitants within their respective boundaries; and .
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WHEREAS, the Member Agencies propose to join together to establish,
operate, and maintain an agency for the benefit of their respective lands and
inhabitants; and
WHEREAS, it is in the public interest to provide a means by which other
public agencies may request services for the benefit of their lands and inhabitants.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein the parties hereto agree as follows:
PURPOSE
1.01 The purpose of the Integrated Law and Justice Agency for Orange
County (ILJAOC), is to cooperate with each Member Agency in the exercise of
some or all of their powers to establish a separate agency to facilitate the
integration and sharing of criminal justice information/data in the manner set forth in
this Agreement.
1.02 Each Member Agency expressly retains all rights and powers to
finance, plan, develop, construct, equip, maintain, repair, manage, operate, and
control equipment, facilities, properties, projects, and information that it deems in its
sole discretion to be necessary or desirable for its own information system needs,
and that are authorized by the laws governing it. This Agreement shall not be
interpreted, and the ILJAOC created herein, shall not have authority to impair or
control any of the Member Agencies' respective rights, powers, or title to such
equipment, facilities, properties, information, and projects, nor shall any Member
Agency be required to provide additional personnel, equipment, or services to the
ILJAOC, which are not already a part of the Member Agency's current operational
costs, or which requires them to modify their non - ILJAOC systems or services,
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without their consent and full cost reimbursement from other Member Agencies or
other revenue sources.
1.03 Each Member Agency expressly retains all nights and powers to use
other funds or funding sources to finance, plan, develop, construct, equip, maintain,
repair, manage, operate, and control equipment and facilities for their information
services.
1.04 The ILJAOC is intended to provide criminal justice and law
enforcement officials who have a need and right to know, with comprehensive,
timely, and accurate information about a criminal suspect or offender, including
identity, criminal history, and currentjustice status. In addition, it is intended to:
a) Allow criminal justice practitioners to maintain legacy databases and
share only information that has been agreed upon in advance by a
majority vote of the Board or the individual agency affected.
b) Reduce redundant document preparation, data entry, transmission,
and storage.
c) Strive to identify and achieve common interests to enhance public
safety and due process.
d) Maintain individual privacy rights and promote appropriate access
controls and security.
e) Support the development of effective criminal justice policy in keeping
with the objectives of the adopted Orange County Integrated Law &
Justice Strategic Plan ( "Strategic Plan ") and any amendments to that
plan as approved by a majority vote of the Board.
f) Strive for the compatibility of automated systems and processes
among the various components of the Orange County Criminal Justice
System.
g) Acknowledge that each Member Agency is responsible for internal
agency security for their records, technical support, etc.
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h) Recognize that in order to achieve overall success, resources
(personnel, software, hardware, etc.), will be shared willingly and in
some cases unequally by the Member Agencies, as long as that
cooperation does not adversely impact the mission of the sharing
member.
i) Allow the Member Agencies to work together to implement the adopted
Strategic Plan (and subsequent amendments to that plan), for an
Integrated Law & Justice System through the information sharing
which will result from that collaborative effort.
1.05 Member Agencies are not required to seek approval from the
ILJAOC to purchase, install, or modify their own (non - ILJAOC owned) equipment,
services, or work performed in conjunction with any legislative mandatelauthority
granted to or required of Member Agencies in order to carry out their respective
responsibilities. Furthermore, the ILJAOC has no power or authority to control,
interfere with, or inhibit Member Agencies from conducting their own internal
business and /or providing their own (non - ILJAOC owned) resources or services to
other entities, which may or may not be members of or served by the ILJAOC. Any
changes to software or additional hardware that have been integrated into a
Member Agency's existing infrastructure as part of a requirement to implement the
initiatives as approved by the JPA Advisory Board, will become the sole property of
that Member Agency, when without those enhancements, the agency could no
longer operate their systems independent of the JPA.
1.06 Member Agencies may modify, upgrade, or otherwise alter any of
their internal systems or processes without approval of the ILJAOC, as long as
those modifications do not inhibit the exchange of offender data and systems
implemented and /or funded by the prior action of the ILJAOC
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CREATION OF THE INTEGRATED LAW & JUSTICE AGENCY OF ORANGE
COUNTY
2.01 By this Agreement, the Member Agencies hereby create a separate
legal entity to be known as the Integrated Law & Justice Agen cy of Orange County
( "ILJAOC"). The Member Agencies may agree on a different name for the ILJAOC.
2.02 The ILJAOC shall possess in its own name and the Member
Agencies delegate to it, the following enumerated powers:
a) To make and enter into contracts consistent with this Agreement,
including, but not limited to, contracts to purchase and/or dispose
of supplies and equipment to carryout the implementation of the
Strategic Plan and any adopted amendments to that plan.
b) To receive compensation, gifts, contributions, and donations of
property, funds, services, and other forms of financial assistance
from persons, firms, corporations, and any governmental entity.
c) To sue and be sued in its own name.
d) To apply for an appropriate grant or grants under any Federal,
State, or local programs for assistance in developing any of its
programs or providing services to other public entities.
e) To appoint committees, adopt rules, regulations, policies, by -laws,
and procedures governing the operation of the ILJAOC.
f) To add Member Agencies to the ILJAOC as approved by the
ILJAOC Board and the existing Member Agencies, and execute
agreements and resolutions consistent with the terms of this
Agreement.
g) To appoint/hire officers, employees, or agents.
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2.03 Said powers shall be exercised in the manner provided by California
law, including, without limitation, the Joint Exercise of Powers provisions of
Government Code section 6500, et seq., and, except as expressly set forth herein,
the Treasurer /Collector shall be subject to the restrictions upon the manner of
exercising such powers as are imposed upon the Member Agency whose
employee or officer is designated as the ILJAOC Treasurer/Controller pursuant to
section 3.12 below.
2.04 Except as provided herein, the member agencies agree that all
supplies and equipment purchased by the ILJAOC shall be owned and controlled
by the ILJAOC as its sole and separate property and not as property of any
Member Agency.
2.05 The ILJAOC shall operate as a separate legal entity and incur debt,
separate and apart from the Member Agencies, and that its debts, obligations, and
liabilities are its own and not that of the Member Agencies, except as specifically
provided for herein.
ORGANIZATION
3.01 The membership of the ILJAOC shall be the original Member
Agencies, and any additional Agencies as approved by the Members which have
executed this Agreement, and any subsequent amendments thereto, and that have
not withdrawn from the ILJAOC.
3.02 The ILJAOC shall be governed by a Board consisting of six (6)
Municipal Police Chiefs each elected for a three -year term by the Orange County
Chiefs & Sheriffs Association to represent those Member Agencies with Municipal
Police Departments. In addition to the Municipal Police Chief representatives, the
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Board shall consist of County of Orange representatives as follows: the Sheriff,
District Attorney, Chief Probation Officer, Public Defender, Presiding Judge of the
Superior Court, Chief Executive Officer of the Court, and one (1) representative
from the County Executive's Office who will serve at the CEO's pleasure. The
Board shall also have three (3) representatives elected for three -year terms by the
Orange County City Managers Association, with at least one (1) of those
representatives being from a "contract city' in the County. Each Board member, or
in the absence of a Board member, an alternate designated in advance by them,
shall have one vote on all matters before the Board. Such alternate members may
be replaced from time to time at the appointing Board Member's discretion. All
Board Members may be removed without cause by their respective appointing
authorities.
3.03 Each Board member shall hold office until a successor is selected,
elected, hired or appointed, as the case may be, under the powers of this
Agreement and each Member Agency. The term of a Board member or alternate
who is a public official or employee of a Member Agency shall terminate upon such
Board Member leaving his or her position with the Member Agency. The vacancy of
such a member who has left his or her position shall automatically be filled by
selection, election, or appointment, as the case may be; according to the selection
process adopted by this Agreement and the Member Agency whose representative
has left his or her position.
3.04 Board members and alternates shall not receive compensation for
their service on the ILJAOC Board, but may be reimbursed by the ILJAOC for
reasonable expenses incurred in conducting the business of the ILJAOC, as
provided in this Agreement, when the expenses are not paid or reimbursed by the
employing Member Agencies.
3.05 The principal office of the ILJAOC shall be established by the Board
and shall be located within the County of Orange. The Board may change the
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principal office from one location to another within the County of Orange. Any
change of address shall be noted by the Board but shall not be considered an
amendment to this Agreement.
3.06 The Board shall meet at a location as may be designated by the
Board. The time and place of regular meetings of the Board shall be determined by
resolution adopted by the Board. A copy of such resolution shall be furnished to
the Member Agencies. All meetings of the Board, including regular, adjourned, and
special meetings, shall be called and held in a manner as provided in the Ralph M.
Brown Act, Chapter 9, Division 2, Title 5 of the Califomia Government Code
commencing with section 54950 et seq., as amended.
3.07 All of the powers and authority of the ILJAOC shall be exercised by
the Board unless specifically delegated to the extent permitted by law or reserved
to the Member Agencies under this Agreement. Unless otherwise provided herein,
each Board Member shall be entitled to one (1) vote. Except as otherwise provided
herein, a majority of the full membership of the Board or their aftemate present at a
property noticed meeting, shall constitute a quorum for purposes of transacting
business. A majority vote of that quorum may adopt any motion, resolution, or
order and take any other action appropriate to carry forward the objectives of the
ILJAOC pursuant to this Agreement, with the exception of the adoption of the
budget or other appropriations in excess of the adopted budget as outlined in
Section 4.04 of this agreement, when a two- thirds majority of the entire
membership or their alternates is required for approval.
3.08 The Board shall designate a recording secretary to establish,
distribute, and post agenda notices as required by law, keep the minutes of all open
meetings of the Board, and cause a copy of such minutes to be forwarded to each
Member Agency within a reasonable time after each meeting.
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3.09 The Board may adopt from time to time policies, rules, and
regulations for the conduct of its administrative affairs and that of the ILJAOC as
may be required and consistent with this Agreement.
3.10 Where this Agreement requires an approval of a resolution by any
Member Agencies in any matter, the approval shall be evidenced by a certified
copy of the resolution or ordinance of the governing body of such Member Agency
filed with the ILJAOC. It shall be the responsibility of the Board to provide certified
copies of said actions.
3.11 On an annual basis, the Board shall elect two Board members to act
as Chair and Vice -Chair of the Agency for the purpose of conducting the Board
meetings and performing other duties as required. The Vice -Chair may carry out all
the duties of the Chair in his/her absence.
3.12 The Board shall appoint an officer or employee of a Member Agency
to hold the offices of Treasurer and Controller ('Treasurer /Controller"), whose
duties shall be in conformance with Government Code sections 6505 and 6505.5
and whose salary, if any, shall be established by the Board. The
Treasurer /Controller shall also administer all contracts subsequent to the Board's
approval and shall contract with a certified public accountant to make an annual
audit of the accounts and records of the ILJAOC as provided in Government Code
section 6505. The annual audit shall be submitted to the Board and each Member
Agency when completed. The budget, covering a budget cycle set by the Board,
shall be prepared by the Treasurer /Controller for the approval by the Board. The
ILJAOC's investment policies shall be the policies of the Member Agency of the
Treasurer /Controller as those may be modified by the Board of the ILJAOC. The
cost of the Treasurer /Controller in carrying out his/her duties, including, with
limitation, any outside professional services, shall be reimbursed by the ILJAOC.
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3.13 The Board shall have the power to appoint/hire additional officers,
employees, or agents. Any officer, employee, or agent of the ILJAOC who is an
officer, employee, or agent of any of the Member Agencies will continue to be
subject to the Member Agency's personnel system. However, the ILJAOC may hire
employees that are subject to the personnel system of the ILJAOC and said
employees would not be employees of any Member Agency. Any person from any
Member Agency appointed by the Board to fulfill a staff position with the ILJAOC
shall possess appropriate qualifications to carry out his or her responsibilities.
3.14 The City Attorneys, County Counsel, or their Deputies of the Member
Agencies may generally serve as counsel to the ILJAOC, to the extent agreed to by
the respective Member Agency and permitted by such waivers of conflicts of
interest to authorize such representation as may be executed by such Member
Agency and the ILJAOC Board. The specific and ongoing duties of legal counsel to
the ILJAOC may be rotated no less than annually and on a voluntary basis. The
assignment of one of those individuals to perform the required duties shall be
solicited from the legal counsels of the Member Agencies, and is subject to the final
approval of the ILJAOC Board.
3.15 The officers shall perform all duties customary and appropriate to
their respective offices and:
a) After approval by the ILJAOC Board, the presiding officer shall
sign all contracts on behalf of the ILJAOC Board.
b) The secretary shall perform such duties as assigned by the Board
and shall keep minutes of the Board meetings.
c) The Treasurer /Controller shall be bonded in the amount to be
determined by the Board and the bond fee shall be paid by the
ILJAOC. The Treasurer /Controller shall perform the duties as set
forth in Sections 3.12, 4.02, 4.03, 4.04, 4.05, 4.09, 4.10 and 4.11.
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3.16 The Board may appoint a Project Manager by contract or otherwise
to oversee day - to-day operations of the ILJAOC. The Project Manager shall
manage the daily operations of the ILJAOC and supervision of any other ILJAOC
employees.
3.17 All of the privileges and immunities from liability, exemption from
laws, ordinances and rules, all relief, pension, disability, worker's compensation,
and other benefits which apply to the activities or omissions of officials, officers,
employees, volunteers, or agents of any of the Member Agencies when
performing their respective functions for their respective Member Agency shall
apply to such person(s) to the same degree and extent while they are assigned
to the ILJAOC to perform and are performing any of the functions and other
duties of the ILJAOC pursuant to authority granted by this Agreement. None of
the officials, officers, agents, volunteers, or employees of a Member Agency
appointed to the Board or performing services at the direction of the ILJAOC
shall be deemed by reason of their appointment or service to be employed by
any of the other Member Agencies or the ILJAOC or be subject to any of the
requirements of the other Member Agencies.
IV
BUDGET AND DISBURSEMENTS
4.01 The Board shall adopt a budget for the ensuing fiscal year(s)
pursuant to procedures developed by the Board. At the conclusion of each fiscal
year, the Treasurer /Controller shall make a report to the Board regarding the
excess or deficiency of revenues over (or under) expenditures. Such report shall
include "budget to actual" comparisons based upon the previously adopted
budget. Upon receipt of the report, the Board shall determine what extent, if any,
unexpended budgetary appropriations shall be re- appropriated or whether any
excess of revenues over expenditures shall be allocated or expended.
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4.02 The Treasurer /Controller shall draw warrants upon the approval
and written order of the Board or the Board's Project Manager. The Board shall
requisition the payment of funds only upon approval of such claims or
disbursements and such requisition for payment in accordance with rules,
regulations, policies, procedures, and by -laws adopted by the Board.
4.03 All funds received by the Treasurer /Controller for services provided
by the ILJAOC, will be placed in object accounts, and the receipt, transfer, or
disbursement of such funds during the term of this Agreement shall be accounted
for in accordance with generally accepted accounting principles applicable to
governmental entities. There shall be strict accountability of all funds. All
revenues and expenditures shall be reported to the Board on a quarterly basis,
unless otherwise required by the Board.
4.04 All expenditures within the approved budget shall be made upon
the approval of the Treasurer /Controller in accordance with the rules, policies,
and procedures adopted by the Board. No expenditure in excess of those
budgeted shall be made without the two- thirds majority approval of the entire
Board and the budget shall thereafter be revised and amended.
4.05 The records and accounts of the ILJAOC shall be audited annually
by an independent certified public accountant and any cost of the audit shall be
paid by the ILJAOC. The minimum requirements shall be those prescribed by
the State Controller under California Government Code section 26909 and in
conformance with generally accepted auditing standards. Copies of such audit
report shall be filed with the County Auditor and each Member Agency no later
than fifteen (15) days after receipt of said audit by the Board.
4.06 The Member Agencies have agreed by resolution through their
respective Governing Authorities to fund on a shared basis, the costs of the
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ILJAOC operations, and capital in excess of any grant funds, through annual
budget appropriations. Each Member Agency's agreement to provide such funds
in fiscal years after the fiscal year in which this Agreement is executed, is
contingent upon appropriation by the governing body of that Member Agency of
sufficient funds for that purpose. The subject resolutions shall not limit the
authority of each Member Agency to cease appropriations for the ILJAOC
operations as determined by their respective Governing Authorities, provided,
however, that a decision to cease appropriations shall be subject to the terms of
Section 6.02 below. In addition, where the ILJAOC has an obligation under the
terms of this agreement to reimburse a Member Agency for providing personnel,
equipment, and /or services to the ILJAOC, 'the Member Agency providing such
personnel, equipment, and /or services may waive its right to reimbursement.
When a Member Agency incurs costs eligible for reimbursement under the terms
of this agreement, those costs shall include only those, which are not part of the
Member Agency's pre- existing infrastructure /operation, prior to the effective date
of this Agreement. They also shall not include overhead charges. Costs for the
ILJAOC operations referenced in accordance with Section 4.06 shall be shared
as follows:
a) Member Agencies with Municipal Police Departments and the
unincorporated area and contract cities policed by the County Sheriffs
Department as determined on a per capita basis = 80 %.
b) County of Orange on behalf of the District Attorney, Probation
Department, and the Public Defender, prorated among them equally =
15 %.
c) The Superior Court of California, County of Orange = 5 %.
4.07 The Member Agencies acknowledge and agree that the ILJAOC
will act as a conduit for the management, direction, and provision of integrated
services to the Member Agencies and to other public agencies that contract with
ILJAOC for such services.
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4.08 Based on information provided by the Project Manager or other
designated representative of the ILJAOC, the Treasurer /Controller shall keep a
written account of any services provided to other public agencies by the ILJAOC.
All revenues received from other public agencies contracting or receiving
services from the ILJAOC for services shall be used to offset the costs incurred
by the ILJAOC. The Governing Board shall determine whether those funds shall
be placed in a Capital Reserve or otherwise allocated in the Agency's Budget
and /or projected costs to Member Agencies.
4.09 In establishing rates for services to public agencies, the Board shall
assure that the contracts for such services provide for the reimbursement of the
actual expenses of providing all services of the ILJAOC, including insurance
coverage for the ILJAOC's personnel and equipment. Payment for the ILJAOC
services by contracting public agencies shall be made on a monthly basis to the
Treasurer /Controller of the ILJAOC. The Treasurer /Controller shall provide a
written monthly account to the Board of all revenues and expenses of the
ILJAOC services to other public agencies.
4.10 The ILJAOC budget shall include the provision for a Capital
Replacement fund that will provide for, among other things, the replacement of
the equipment owned and operated by the ILJAOC. The ILJAOC Board annually
shall recommend to the Member Agencies amounts needed for Capital
Replacement. The amount of the provision for Capital Replacement in each
ILJAOC annual budget will depend on the amounts appropriated by the Member
Agencies for such purposes during each fiscal year. Said funds shall be
transferred to the ILJAOC monthly by the Member Agencies for deposit in the
ILJAOC's Capital Replacement fund. The actual purchase of new equipment
and disposal of unneeded equipment shall be done whenever determined
appropriate and justified by the Board.
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4.11 All revenues derived from service contracts with other public
agencies shall be maintained in a separate revenue account for the ILJAOC.
The Treasurer /Controller shall be responsible for accounting for all such revenue.
The Board shall be responsible for determining the appropriate allocation of such
funds as part of the budget adoption process.
V
LIABILITIES
5.01 Except as provided in Section 8.05, the ILJAOC and the Member
Agencies agree, to the extent allowed by law, that the Member Agencies shall be
fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or
expense arising out of, or in any way related to, the performance of this
Agreement by the ILJAOC. Accordingly, the provisions of this Agreement should
be broadly construed in favor of protection for the Member Agencies and
interpreted to provide the fullest possible protection to the Member Agencies and
Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC
acknowledges that the Member Agencies would not have entered into this
Agreement in the absence of the commitments of the ILJAOC as specified in this
Article V.
5.02 The Member Agencies acknowledge that each Member Agency
may be assigning its own personnel to a cooperative pool of personnel to provide
service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all
debts, liabilities, and other obligations for all activities of the ILJAOC, and shall
maintain sufficient insurance coverage in effect at all times to cover any such
claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager
and approved by the Board.
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5.03 Except as provided in Section 8.05, the ILJAOC shall protect,
defend, indemnify, and hold free and harmless the Member Agencies and their
respective elected and appointed boards, officials, officers, agents, volunteers,
and employees from and against any and all liabilities, damages, loss, cost,
claims, expenses, actions, or proceedings of any kind or nature caused by
ILJAOC employees or employees of Member Agencies who are performing
ILJAOC functions, including, but not by way of limitation, injury or death of any
person, injury or damage to any property, including consequential damages and
attorney's fees and costs, resulting or arising out of or in any way connected with
the negligent acts or failure to act in the course and scope of carrying out their
responsibilities in the performance of their duties to the ILJAOC and for which the
ILJAOC will maintain sufficient insurance coverage in effect at all times as
recommended by their Risk Manager, to cover any such damage claim, loss,
cost, expense, action, proceeding, liability, or obligation.
5.04 Any contract with a non - member public agency ( "non Member
Agency") receiving services pursuant to this Agreement shall include a mutual
indemnification provision wherein the non Member Agency and the ILJAOC shall
mutually agree to defend and indemnify the other in an amount equal to its
proportionate share of liability on a comparative fault basis. The contract shall
also provide: 1) That the indemnity obligation shall exist with respect to any
claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in
any way related to, the performance of services pursuant to the contract; and 2)
The obligation of the non Member Agency and the ILJAOC pursuant to the
indemnification provision will extend, without limitation, to an injury, death, loss,
or damage which occurs in the performance of the contract and that is sustained
by any third party, any agent, or contractor of the non Member Agency or the
ILJAOC.
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5.05 Member Agencies shall be responsible for the continued provision
of worker's compensation coverage for the officers or employees of the Member
Agencies that are assigned to provide services to the ILJAOC and /or serve as
officers or employees of the ILJAOC. In this regard, each Member Agency shall
defend, indemnify, and hold harmless the ILJAOC and any other Member
Agencies, and their respective officials officers, employees, contractors, agents,
and representatives with respect to any claim, loss, liability, damage, lawsuit,
cost, or expense, including attorney's fees and costs, that arises out of, or is in
any way related, to any industrial /worker compensation injury sustained by an
officer or employee of the indemnifying Member Agency during the performance
of service to the ILJAOC or the other Member Agencies under this Agreement.
5.06 ILJAOC shall employ the principles of sound risk management in its
operations. Risks of loss shall be identified, evaluated, and treated in a manner
that protects the ILJAOC and each Member Agency from adverse financial
consequences. This may be accomplished in part through the purchase of
appropriate commercial insurance.
The Risk Manager, or his/her designee, of one Member Agency shall be
designated by the Board, with the consent of the Member Agency, as the
" ILJAOC Risk Manager' and shall act in an advisory capacity to the ILJAOC
Board to provide guidance in the area of risk management, loss control,
insurance procurement, and claims management. The ILJAOC Risk Manager
will be responsible for maintaining the original insurance policies and other risk
management and insurance documents.
During the term of this Agreement, the ILJAOC shall purchase and
maintain sufficient amounts of commercial insurance coverage at the equally
shared cost to the Member Agencies. The types, limits, retention levels,
deductibles, policy forms, and carriers providing the above required insurance
17
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coverage's shall be recommended by the ILJAOC Risk Manager to the Board for
its approval, consistent with this agreement.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.01 Additional public agencies may become Member Agencies of the
ILJAOC upon such terms and conditions as are determined by the Board and
upon the unanimous consent of the existing Member Agencies as evidenced by
approval of resolutions therefore and the execution of a written amendment to
this Agreement by all of the Member Agencies, including the additional Member
Agency.
6.02 Member Agencies have the right to withdraw from the ILJAOC.
Such withdrawals, either voluntarily or involuntarily shall, unless otherwise
provided for by the Board, be conditioned as follows:
a) Involuntary withdrawal shall mean those circumstances where a
Member Agency must withdraw due to fiscal or budgetary
impact of that Member Agency that results in the discontinuance
of the funding for personnel, services, or equipment by that
Member Agency.
b) In the case of a voluntary withdrawal, written notice shall be
given one hundred eighty (180) days prior to the end of a fiscal.
year except that such notice requirement may be shortened by
unanimous approval of a quorum of the Board.
c) Neither voluntary nor involuntary withdrawal shall relieve the
withdrawing Member Agency of its obligations for its
proportionate share of any debts or other liabilities incurred by
the ILJAOC prior to the effective date of the Member Agency's
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withdrawal (with the exception of new purchases of capital
equipment after the date of the Member Agency's notice of
withdrawal), nor any liabilities imposed upon or incurred by the
Member Agency pursuant to this Agreement prior to the
effective date of the Member Agency's withdrawal.
d) The withdrawing Member Agency shall retain all rights and
claims relating to revenues received by the ILJAOC during the
time period that the Member Agency provided personnel,
services, or equipment under the ILJAOC direction.
e) The withdrawing Member Agency shall be entitled .to remove its
personnel and any equipment whose title was not transferred in
writing to the ILJAOC from the possession and control of the
ILJAOC, regardless of the impact on the ILJAOC or its
continued operation. The withdrawing Member Agency may
also recover any other equipment no longer needed by the
ILJAOC, including equipment it previously transferred to the
ILJAOC, according to the terms and conditions determined by
the Board in its sole discretion to be fair and equitable. The
ILJAOC Board may choose to exempt a Member Agency from
any of the listed conditions, but may not impose any conditions
other than those listed.
VII
TERMINATION AND DISPOSITION OF ASSETS
7.01 The ILJAOC shall continue to exist and exercise the powers herein
until this Agreement is terminated by a vote of two- thirds of the entire Board;
provided, however, that no termination shall be complete and final until the
ILJAOC has satisfactorily disposed of all financial obligations and claims,
19
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distributed all assets, and performed all other functions deemed necessary by
the Board to conclude the affairs of the ILJAOC.
7.02 Termination shall occur upon:
a) The written consent of all Member Agencies; or
b) Upon the withdrawal from the ILJAOC of a sufficient number of the
Member Agencies that results in a lack of effectiveness as determined
by a two- thirds vote of the remaining Board Members; and
c) Full satisfaction of all outstanding financial obligations of the ILJAOC;
and
d) All other contractual obligations of the ILJAOC have been satisfied.
7.03 In the event of the termination of this Agreement, any funds
remaining following the discharge of all obligations shall be disposed of by
returning to each current Member Agency of the ILJAOC immediately prior to
the termination of this Agreement, a share of such funds proportionate to the
contribution made to the ILJAOC by said Member Agency, to the extent
determined by the Board in its sole discretion to be fair and equitable.
7.04 Notwithstanding any other provisions of the Agreement, the
Member Agencies agree to abide by the following procedure or selling of
equipment in the event the Agreement is terminated. The equipment shall be
given a fair market value by an appraiser agreed upon by the Boar J. Before the
equipment is sold on the open market, the Member Agencies each shall have
the right to purchase the equipment at a price and under terms as agreed upon
by the Board which may include a financing arrangement for the purchaser to
allow for a transition period after the termination of this Agreement. If an
agreement cannot be reached concerning a purchase of the equipment, then it
shall be sold on the open market. Proceeds from the sale of equipment upon
termination of the Agreement shall be distributed to the Member Agencies in a
20
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his or her financial interests or those of a corporation, partnership, or association
in which he or she is directly or indirectly interested, in violation of any State law
or regulation.
8.05 Mediation
a) Any controversy or claim between any Member Agencies, or between
any such Member Agency or Member Agencies and the ILJAOC, with
respect to the ILJAOC's operations, or to any claims, disputes,
demands, differences, controversies, or misunderstandings arising
under, out of, or in relation to this Agreement, shall be submitted to and
determined by mediation.
b) The Member Agency desiring to initiate mediation shall give
notice of its intention to every other Member Agency and the
ILJAOC. Such notice shall designate such other Member
Agencies as the initiating Member Agency intends to have
bound by any award made therein.
c) Each Member Agency involved in the mediation shall bear its
own legal costs, including attorney fees.
8.06 Partial Invalidity
If any one or more of the terms, provisions, sections, promises, covenants
or conditions of this Agreement shall to any extent be adjudged invalid,
unenforceable or void for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions, sections, promises,
covenants and conditions of this Agreement shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by law.
8.07 Successors
This Agreement shall be binding upon and shall inure to the benefit of the
successors of the Member Agencies hereto.
&A
3a-
manner consistent with the cost- sharing format outlined in Paragraph 4.06 (a),
(b), and (c) of this Agreement, and any modifications to that formula adopted by
the Board.
VIII
MISCELLANEOUS
8.01 Amendments.
This Agreement may be amended with the unanimous approval of all
Member Agencies; provided, however, that no amendment may be made that
would adversely affect the interests of the owners of bonds, letters of credit, or
other financial obligations of the ILJAOC.
8.02 Notices.
Any notice or instrument required to be given or delivered by depositing
the same in any United States Post Office, registered or certified, postage
prepaid, addressed to the Member Agencies, shall be deemed.to have been
received by the Member Agency to whom the same is addressed at the
expiration of five (5) days after deposit of the same in the United States Post
Office for transmission by registered or certified mail as aforesaid.
8.03 Effective Date.
This Agreement shall be effective at such time as this Agreement has
been executed by the last Member Agency to sign enumerated in the introduction
of this Agreement.
8.04 Conflicts of Interest.
No official, officer or employee of the ILJAOC or any Member Agency shall
have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such
officer or employee participate in any decision relating to the ILJAOC that affects
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8.08 Assignment
A Member Agency shall not assign any rights or obligations under this
Agreement without the written consent of all other Member Agencies.
8.09 Execution
The Governing Authorities of the Member Agencies enumerated herein
have each authorized execution of this Agreement, as evidenced by the
authorized signatures below, respectively.
8.10. Entire Agreement
This Agreement, supersedes any and all other agreements whether oral or
written, between the parties hereto with respect to the subject matter hereof and
contains all of the covenants and agreements between the parties with respect to
said matter, and each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, a 'ghat any, other agreement or modification of this Agreement
shall be effective only if executed in writing and signed by the ILJAOC and all
Member Agencies.
Dated:
ATTEST:
City Clerk of the City of
23
CITY OF:
•,,
By'
. ;
x�
Mayor
APPROVED AS TO FORM:
City Attorney
11/04/02 Version Rev. 08/16105
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Exhibit 3
ORANGE COUNTY CHIEW SHERIFF'S ASSOCIATION •
LAW & JUSTICE COMMITTEE Am
ORANGE COUNTY LAW & JUSTICE SYSTEM
MEMORANDUM OF AGREEMENT
The parties to this Memorandum agree to work cooperatively to establish a seamless
integrated system of information technology and services that maximizes the
standardization of data and communications technology among the primary community
of interest: law enforcement, district attorneys, state- funded courts, and state - funded
adult and youth corrections. In addition, the parties agree to work in a variety of ways to
facilitate sharing each other's data in an effort to improve the effectiveness of their
respective agency and collectively, the entire Orange County Criminal Justice System.
Specifically, the parties to this memorandum agree to work toward establishing a
system and /or processes which will:
I . Provide criminal justice practitioners who have a need and right to know, with
comprehensive, timely and accurate information about a suspect or offender to
include identity, criminal history and current justice status.
2. Allow criminal justice practitioners to maintain legacy databases and share only
information that has been agreed upon in advance.
3. Reduce redundant document preparation, data entry, transmission, and storage.
4. Strive to identify and achieve common interests to enhance public safety and due
process.
5. Maintain individual privacy rights and promote appropriate access controls and .
security.
6. Support the development of effective criminal justice policy in keeping with the
objectives of this project.
7. Strive for the compatibility of automated systems and processes among the
various components of the Orange County Criminal Justice System.
8. Acknowledge that each participating agency is responsible for internal agency
security for their records, technical support, etc.
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9. Recognize that in order to achieve overall success, resources (personnel,
software, hardware, etc.), must be shared willingly and in some cases unequally,
as long as that cooperation does not adversely impact the mission of the sharing
agency.
10. Form a steering committee comprised of the heads of the agencies that are a
party to this agreement. Based upon the importance of the policy implications
and financial commitments which may result from the efforts undertaken, those
individuals agree to personally meet at least quarterly (or more often if
necessary), to review the progress made and to refocus the steering committee's
energy as appropriate.
11. Appoint an alternate to the group who has the authority of the agency head to
make decisions in their absence in furtherance of the goals of integrating the
automation systems of those agencies serving the Criminal Justice System in
Orange County. The appointed alternates are encouraged to attend all of the
scheduled meetings; however, they shall attend those sessions, which are in
addition to the quarterly participation requirement of the agency head.
12. Provide regular project updates to their respective agency staff and managers, to
ensure the agency's goals remain consistent with those of this steering
committee. Work with other members of the group to create opportunities to
provide those same updates to all Orange County Law & Justice agencies not
represented on the Steering Committee.
13. Work together to develop a formal, long -tens strategic plan to achieve a more
fully integrated justice system through the information sharing which will occur as
a result of this collaborative effort.
14. Identify short-term goals and strategies to demonstrate successes at information
sharing, which will reinforce the value of this project.
15. During this interim period while the strategic planning process is underway,
commit to only considering the purchase of information systems, which have as a
predominate feature, an open architecture, so as to facilitate the kind of
information sharing opportunities which are consistent with the goals of this
agreement.
16. Agree to look for and pursue creative funding opportunities to accomplish the
strategic planning process, and to form more specific consortiums if it appears
such a vehicle is necessary in order to attract State or Federal funding for the
project.
2 RevisedBW99 ��
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17. Amend this agreement as necessary to accomplish the goal of more fully
integrating the automation and processes, which serve the Orange County
Criminal Justice System.
18. Consider drafting a Charter for the committee when appropriate, to include
resolving the definition of a quorum (for voting purposes), limiting the size of the
committee for efficiency's sake, and identifying the limitations of the Committee
Chair's ability to exercise signatory authority, commit funds, etc.
AGENCIES / INDIVIDUALS CURRENTLY REPRESENTED ON THE STEERING
COMMITTEE
Newport Beach Police Department*
Laguna Beach Police Department*
Santa Ana Police Department*
Huntington Beach Police Department*
Buena Park Police Department*
Orange County Sheriff's Department*
District Attorney's Office*
Presiding Judge — Orange County Superior Court
Executive Officer — Orange County Superior Court
Public Defender's Office
Probation Department
Orange County City Manager's Association **
County Executive Office * **
* Representing the Orange County Chiefs & Sheriff's Association
** Represented by the Orange City Manager and the Brea Assistant City Manager
* ** Represented by Leo Crawford, Assistant County Executive Officer, Information &
Technology
/Anaheim Police Department
Brea Police Department
Buena Park Police Department
Costa Mesa Police Department
Acting Chief Roger Baker
Revised 8/3199
3+
,; Cypress Police Department
Fountain Valley Police Department
Fullerton Police Department
Garden Grove Police Department
Huntington Beach Police Department
Irvine Police Department
,La Habra Police Department
La Palma Police Department
Laguna Beach Police Department
Los Alamitos Police Department
Newport Beach Police Department
Orange County City Manager's Association
Orange County City Manager's Association
Orange County District Attorney's Office
Orange County Executive Office
'.)ief Patrick Mc&inl6y
/
�I►
76ph
0
10 RA Aii 101A Wl�
21009W W - 0,11011A W0101
..
Rat %iTIM
It
i. ► �
Ch f *m Spreine
Interim Chief Pi4 McCrary
City Manager David Rudat
City of Orange
Assistant City Manager Tim O'Donnell
1- Brea 19 `
Rackauckas
Information & Technology
4 Revised 613199
3S
0
Orange County Marshal's Department
Orange County Probation Department
Orange County Public Defender's Office
Orange County Sheriff's Department
Orange County Superior Court
Orange County Superior Court
Orange Police Department
Placentia Police Department
Santa Ana Police Departmwff
✓ Seal Beach Police Department
✓ Tustin Police Department
Westminster Police Department
5
Ch
Holm
Iler
Michael Schumacher
Chief Michael Sellers
Revised M199
3,57
• •
WRIM
Exhibit 4
Deloitte• Delofft Consuliting ILLP
2868 Prospect Park Drive
Sulte 400
Rancho Cordova, CA 95670
USA
October 21, 2005 Tel! +19162883100
Fm: +1 916 288 3131
wvvw.deloftJD0M
Mr. Tim O'Donnell
City Manager
City of Brea 1
I Civic Center Circle
Brea, CA 92811
USA
Dear Mr. O'Donnell:
As discussed at the last City. Manager's meeting that we attended, Deloitte has completed the
development of a preliminary operating budget for the proposed Orange County hitegmoW Justice
JPA. The costs are made up of two broad categories. The first is general operations, management and
overhead costs that can be expected to be incurred. The second is maintenance related costs associated
with the, existing projects That hav6 been deployed (COPLR4K, the subpoena delivery system and the
scheduling system).
The costs are.still prelinlinary.and therefore we have attempted to put together a very conservative
budget to indicate What the costs would he for operating the existing systems in a worst-case scenario.
From the perspective of the City Managers, the most important consideration is the impact on each
City. Even that is somewhat challenging . to get to as the most significantissue faced in developing the
costs is the level of participation by the County agencies, the Sheriff s Department and . t I he Sheriff's
frs
contract cities. The following table therefore outlines a worst-case scenario (from 9 cost sharing
perspective) where the County, the Sheriffs Department and the contract cities do not participate.
Agency
cost
Share
20065
2007
1608
2009
2010
Superior Court,
5%
$32,000
$49,000
$88,000
$88;000
$88,000
Anaheim
13.9%
$87,000
$136,060
$243,000
$243,000
$243,000
Brea
1.6%
110,000
$16,000.
$28,000
$28,000
$28,000.
Yorba Linda
2.6%
$17,000
$26,000
$47,000
$47,000
$47,000
Buena park
3.3%
$21,000
$32,000
$57,066
$57,000
$57,000.
Costa Mega
4.6%
$29,000
$45,000
$80,0001
$86�000
$80.000
Cypress
2.0%
$1,3,000
$20,000
$35,000
$n000
$35,000
Fountain Valley::
2.3%
$15,000
$23,000.
$41,600
$41,000
$41,000
Fullerton .. :
5.4%
$35,000
$54,000
$96,000
$913,000
$98,W00
Garden Grove
6.0%
$44,000
$68,000
$121,000
$121,'00.0
$121,000
Huntington Beach
8.1%
$51,000
$19,000
$141,000
$141',060
$141,000
Irvine
7.3%
$46,000
$71,000
$127,000
$W;600
$127,000 1
La Habra
2.5%
$16,000
$25,000
$44,000
$44*,004
;600
La Palma
0.6%
$5,000
$7,000
$12,000
$12000
$12;600
Laguna Beach
1.0%
$7,060
$10,000
$18,000
:$18,000
$18000
Los Alamitos
0.5%
$4,600
$5,000
$9,000
$0,000
$9000
Newport Beach
3.3%
$21,000
$33,000
$59.000
$59,600
$59,000
Member of
Delolfte Toache Tohmatsu
Mr. Tim O'Donnell •
October 21, 2005
Page 2
Agency
Cost
Share
2006
2007
2008
2009
2010
Orange
5.5%
$35,000
$55,000
$97,000
$97,000
$97,000
Placentia
2.0%
$13,000
$20,000
$36,000
$36,000
$36,000
Santa Ana
14.1%
$89,000
$138,000
$247,000
$247,000
$247,000
Seal Beach
1.0%
$7,000
$10,000
$18,000
$18,000
$18,000
Tustin
2.8'/0
$18000
$28,000
$50,000
$50,000
$50,000
Westminster
3.7%
$24,000
$37,000
$65,000
$65000
$65,000
Total
100.0%
$641,006
$989,007
1 $1,761,008
1 $1,761,009
1 $1781,010
The above table outlines estimated operating costs across each of the next five years for those
municipalities with Police Departments and includes the Superior Court. A more favorable cost
allocation (attached as Table 2) provides a scenario based on the participation of the County, the
Sheriff and the contract cities.
As mentioned above, the costs are made up of specific technical services costs associated with
maintaining the system as well as operational costs to cover the administration and operation of the
JPA. We are finding, not unexpectedly, that a significant effort is required to deal with regular
administration of the systems including coordinating and conducting training, managing accounts and
passwords, overseeing vendors and generally managing the operations and lifecycle of the systems.
The operations costs presented in the table below are intended to cover those costs.
Operations Costs
Management and Consulting Contract
$200,000
Risk Management and Insurance
$50,000
Security Services
$100,000
Data Center Operations and
Maintenance
$50,000
Network Costs
$20,000
The management and consulting costs are a very high level estimate for operations management and
associated consulting. Our understanding is that you intend to contract for these services rather than
having a permanent staff and this approach is certainly logical for a number of reasons. We believe
strongly that this is an important fimction. The personnel would provide important services including
day - today administration, vendor coordination, contract management and performance of general
agency support, such as coordinating training, demonstrations and other activities.
We also believe that it will likely be necessary to procure some insurance in the near future at least to
indemnify the directors and board members of the JPA.
In the past, the justice community has relied on the Sheriff's Department for setting and enforcing
security standards. Clearly in the current situation that strategy is no longer appropriate. The JPA
members need to take direct responsibility for performing the security due diligence in order to protect
the systems and information and to manage the liability of the member agencies.
4)-
Mr. Tim O'Donnell
October 21, 2005
Page 3
At the current time, we are not incurring data center or network operations costs; however, we believe
it prudent to have an allowance for such costs in the event that Santa Ana (or other operator) needs to
start recovering costs associated with housing the OCIL7 systems.
The system specific costs are presented in the table below.
System Maintenance
Annual
Maintenance
Periodic
Enhancements
Hardware
Refresh
Reserve
COPLINK
$300,000
$300,000
$75,000
Subpoena Delivery
$60,000
$60,000
$15,000
Scheduling
$180,000
$180,000
$45,000
Network Infrastructure
$30,000
1 $30,000
$7,500
Data Center Infrastructure
$20,000 1
$20,000
$5,000
Maintenance is estimated based on our understanding to date. The periodic enhancement amounts are
really optional and the participating agencies would have the opportunity to decide to make those
expenditures or not. To date these kinds of expenditures have been funded through grant funds and it
is possible that you may be able to continue to do so for some time. We felt that for the purposes of
fully understanding the potential costs it was important to include some allowance in the event that
enhancements would be.funded in the absence of grant funding. The hardware refresh reserve is our
recommended amount that should be placed in reserve on an annual basis to replace the infrastructure
every 4 to 6 years.
The operations costs are not expected to reach these levels immediately. We have structured most of
the contracts in a manner that allows for several years of maintenance to be rolled into the capital costs
of the system and therefore it will take several years for the fully operational cost impact to be
realized. Our initial estimate of how the costs will roll out in the next five years is summarized in the
table below.
Year
Operations
and
Maintenance
Enhancements
Hardware
Refresh
Total
Operating
2006
$240,000
$240,000
$147,500
$627,500
2007
$240,000
$590,000
$147,500
$977,500
2008
$1,010,000
$590,000
$147,500
$1,747,500
2009
$1,010,000
$590,000
$147,500
$1,747,500
2010
$1,010,000
$590,0001
$147,5001
$1,747,500
The costs incurred by each agency are dependent on a range of factors including the actual costs (The
estimates provided here are thought to be very conservative) and the number of agencies that are
participating. The table included in the body of this letter outlines the cost allocation to each of the
agencies based on the County agencies and the Sheriff s Department not participating. Clearly this is
a worst -case scenario.
q-3
Mr. Tim O'Donnell
October 21, 2005
Page 4
Again, I want to reinforce that these costs are conservative. The agencies will have the ability to
decide how full featured they want the organization to be, and especially to what degree to pursue
enhancements and other initiatives that will increase overall costs. I do think it is important though, to
put forward the costs in such a manner to allow stakeholders to understand the range of costs that they
may incur to support the systems on a go- forward basis.
Sincerely,
Stephen Lee
4q-
0 9
Table 1
Cost Distribution without County Participation
Agency
Cost
Share
2006
2007
2008
2009
2010
Superior Court
5%
$32,000
$49,000
$88 000
$88,000
$88,000
Anaheim
13.9%
$87,000
$136,000
$243,000
$243,000
$243,000
Brea
1.6%
$10,000
$16,000
$28,000
$28,000
$28,000
Yorba Linda
2.6%
$17,000
$26,000
$47,000
$47,000
$47,000
Buena park
3.3%
$21,000
$32,000
$57,000
$57,000
$57,000
Costa Mesa
4.6%
$29,000
$45,000
$80,000
$80,000
$80,000
Cypress
2.0%
$13,000
$20,000
$35,000
$35,000
$35,000
Fountain Valley
2.3%
$15,000
$23,000
$41,000
$41,000
$41,000
Fullerton
5.4%
$35,000
$54,000
$96,000
$96,000
$96,000
Garden Grove
6.9%
$44,000
$68,000
$121,000
$121,000
$121,000
Huntington Beach
8.1%
$51,000
$79,000
$141,000
$141,000,
$141,000
Irvine
7.3%
$46,000
$71,000
$127,000
$127,000
$127,000
La Habra
2.5°/0
$16,000
$25,000
$44,000
$44,000
$44,000
La Palma
0.6%
$5,000
$7,000
$12,000
$12,000
$12,000
Laguna Beach
1.0%
$7,000
$10,000
$18,000
$18,000
$18,000
Los Alamitos
0.5%
$4,000
$5,000
$9,000
$9,000
$9,000
Newport Beach
3.3%
$21,000
$33,000
$59,000
$59,000
$59,000
Oran' a
5.5%
$35,000
$55,000.
$97,000
$97,000
$97,000
Placentia
2.0%
$13,000
$20,000
$36,000
$36,000
$36,000
Santa Ana
14.1%
$89,000
$138,000
$247,000
$247,000
$247,000
Seal Beach
1.0%
$7,00b
.$10,000
$18,000
$18,000
$18,000
Tustin
2.8%
$18,000
$28,000
$50,000
$50,000
$50,000
Westminster
3.7%
$24,000
1 $37,000
$65,000
$65,000
$65000
Total
1 100.0%1
$641,0061
$989,0071
$1,761,008
$1,761,009
$1,761,010
46
Table 2
Cost Distribution with County Participation
Agency
Cost
Share
2006
2007
2008
2009
2010
County of Orange
15%
$95,000
$147,000
$263,000
$263,000
$263,000
Superior Court
5%
$32,000
$49,000
$88,000
$8-8,0-0-0-
$86 000
Anaheim
9.0%
$57,000
$89,0-0- -0
$158,000
$158,000
$158,000
Brea
1.0%
$7,000
$11,000
$19 000
$19,000
$19,000
Yorba Linda
1.7%
$11,000
$17 000
$31,000
$31,000
$31,000
Buena park
2.1%
$14,000
$21,000
$38,000
$38,000
$38,000
Costa Mesa
3.0%
$19,000.
$30,000
$52,000
$52,000
$52,000
Cypress
1.3%
$9,000
$13,000
$23,000
$23,000
$23,000
Fountain Valley
1.5%
$10,000
$-15-,0-0-0-
$27,000
$27,000
$27,000
Fullerton
3.6%
$23,000
$35,000
$63,000
$63,000
$63,000
Garden Grove
4.5%
$29,000
$45,000
$79,000
$79,000
$79,000
Huntington Beach
5.3%
$33,000
$52,000
$92,000
$92,000
$92,000
Irvine
4.7%1
$30,000
$47,000
$83,000
$83,000
$83,000
La Habra
1.6%
$11,000
$16,000
$29,000
$29,000
$29,000
La Palma
0.4%
$3 000
$5,000
$8,000
$8,000
$8,000
Laguna Beach
0.7%
$5,000
$7,000
$12,000
$12,000
$12,000
Los Alamitos
0.3%
$2,000
$4,000
$6,000
$6,000
$6,000
Newport Beach
2.2%
$14,000
$22,000
$39,000
$39,000
$39,000
Orange
3.6%
$23,000
$36,000
$64,000
$64,000
$64,000
Placentia
1.3%
$9,000
$13,000
$24,000
$24,000
$24,000
Santa Ana
9.2%
$58,000
$90,000
$161,000
$161,000
$161,000
Seal Beach
0.7%
$5.000
$7,000
$12,000
$12,000
$12,000
Tustin
1.9%
$12,000
$19,000
$33,000
$33,000
$33,000
Westminster
2.4%
$16,000
$24,000
$43,000
$43,000
$43,000
OCSD
Aliso Vie'o
1.2%
$8,000
$12,000
$21,000
$21,000
$21,000
Dana Point
1.0%
$7,000
$10,000
V7,000
$17,000
$17,000
Laguna Hills
0.9%
$6,000
$9,000
$16,000
$16,000
$16,000
Laguna Niguel
1.7%
$11,000
$17,000
$31.000
$31,000
$31,000
Laguna Woods
0.5%
$4,000
$--5,0--00-
$9,000
$9,000
$9,000
Lake Forest
2.0%
$13;600
$20,000
$36,000
$36,000
$36,000
Mission Viejo
2.60/6
$17,000
$26.000
$45,000
$45,000
$45,000
Rancho Santa
Margarita .
1.3%
$8,000
$13,000
$23,000
$23,000
$23,000
San Clemente
1.7%
$11,000
$17,000
$30,000
$30,000
$30,000
San Juan Capistrano
0.9%
$6,000
$10,000
$17,000
$17,000
$17,000
Stanton
1.0%
$7,000
$10,000
$18,000
$18,000
$181000
Villa Park
0.2%
$2,000
$2,000
$3,000
$3,000
$3,000
Unincorporated
3.1%
$20000
$31,000
$55,000
$55,000
$55,000
Total
100.0%
$647,0001
$996,000 1
$1,768,000
$1,768,000
$1,768,000
IN
ORANGE COUNTY CHIM & SHERIFF'S ASSOCIATION -
E ibit 5
LAW & JTTTICE COMMITTEE
August 22, 2005
Mr. Bob Dominguez, President
Orange County City Managers' Association
CIO City Manager's Office
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Dear President Dominguez:'
As members of the Orange County Criminal Justice System and in some cases,
concurrently serving on the Orange County Integrated Law & Justice ( OCILJ)
Steering Committee, we are writing to you to convey a sense of urgency and to
enlist your support to finally implement the recommended governance structure
for the OCILJ Project.
By way of background, this Project has been in existence since early 1997 and
has progressed through the production of a Strategic Plan and the identification
of eight different initiatives, which we have been in the process of implementing
once the Orange County Chiefs' and Sheriffs Association (OCCSA) adopted the
Plan unanimously in 2001. For those City Managers not familiar with the
Strategic Plan, it was the result of a combined effort of the entire Criminal Justice
System to identify issues which have led to improvements in the sharing of
information and processes among all those involved. We have made great
strides in breaking down many traditional barriers that have existed, and have
implemented innovative approaches to the electronic sharing of information,
using leading edge technology. The Plan is available if you would like to review it
in more detail.
Over the past five years, we have received continued Federal funding for the
Project totaling well over $3 million dollars, through the assistance of former
Congressman Christopher Cox. We also have received actual and projected
funding commitments through Urban Area Security Initiative Grants totaling
approximately $2 million in additional dollars.
As part of our work on a number of identified initiatives in the Strategic Plan, we
are now engaged in what can best be described as one of the "centerpieces" of
the Project — the implementation of the COPLINK System, about which you will
learn more during your September 7`h meeting. The essence of the System will
be to link all of the disparate criminal justice databases which exist in the County
— over two dozen — in an effort to share data and produce investigative leads for
Police Officers, Sheriffs Deputies (assuming the Sheriff ultimately decides to
participate), and other authorized users of the System. Effective July 18`h, we
went "live" with Phase 1 of the Project and have linked the databases of five
municipal police departments and the entire Court Citation Database, which
4-7
OCCMA President Dominguez •
August 22, 2005
Page 2
includes all citations written in this County, including all those written by the
California Highway Patrol. We are now engaged in Phase 2 of the Project, which
will bring together the rest of the members of the Criminal Justice System,
represented by the signatures of those agency heads listed in this
correspondence, as their organizations are able to make the transition.
In a June 19, 2002 letter (copy attached) to the OCILJ Steering Committee, the
Orange County City Managers' Association (OCCMA) reported on the results of
their review of alternative governance models as presented for the Project by the
County of Orange Executive Office and the Sheriffs Department at your April 3,
2002 meeting. The latter presentation was compared to the proposed Joint
Powers Authority (JPA) Governance recommended by the OCILJ Steering
Committee and your representatives on that Committee, City Managers Tim
O'Donnell and Dave Rudat. In your letter, you reported that your membership
"voted overwhelmingly in concept to support the JPA Governance model
presented." Following that direction, we proceeded to have the draft of the JPA
document reviewed by numerous cities' attorneys, as well as County Counsel.
The Steering Committee Chairman, along with City Manager Tim O'Donnell, had
already met with then County Executive Officer (CEO), Michael Schumacher,
and County Assistant CEO, Bill Mahoney, on December 12, 2001, to negotiate
the language in the draft document — line by line. We discussed and reached
agreement on .all of the proposed language until CEO Schumacher felt that the
County's interests were addressed. In a follow -up e-mail, dated March 30, 2002,
he acknowledged that fact by stating that, "Bill Mahoney and I met with you and
Tim on the JPA until we were all satisfied with the document."
Several cities proceeded to adopt the proposed JPA, and it was agendized for
Board of Supervisors' action on Tuesday, December 10, 2002, as proposed by
the District Attorney who was presenting the action to the Board. The District
Attorney decided to carry the item because the Sheriffs position at the time was
to "not oppose" the action, although he would not advocate for it.
Several days before the Board was to consider the matter, Assistant Sheriff Doug
Storm notified the Steering Committee Chairman that the Sheriff had changed his
position and would now oppose the action and advocated the South County
Contract City Managers to do likewise. In fairness to those Managers, and
according to their reports, they had not been kept abreast of the Project and its
associated implications by the Sheriffs staff. As a result of a request by
Supervisor Wilson, the District Attorney withdrew the Board item for
consideration and it has never returned for their review.
12
OCCMA President Dominguez
August 22, 2005
Page 3
Meanwhile, a committee of South County Contract City Managers was formed,
and numerous sessions were held in an effort to find some common ground with
their colleagues in cites with municipal police departments. The OCILJ Steering
Committee Chairman and other members participated in a number of those
meetings. To date, the matter has not been formally reconsidered by the full
membership of the OCCMA.
The underlying intent of this correspondence is to make it clear we do not believe
more time can go by without resolving the governance issue. Currently, we have
OCILJ applications in operation that have now exceeded their warranty and
require ongoing maintenance and support, which we are unable to address due
to the lack of governance. While we still have ample grant funds for new or
expanded applications as part of our Strategic Plan implementation, they are not
eligible to be spent for ongoing maintenance and support costs.
When the proposed JPA was last discussed, it was our intent (or hope) to utilize
the Sheriffs Telecommunications Network to operate the anticipated
applications. When the latest data- sharing ( COPLINK) Initiative was
implemented, the Sheriffs Department would not allow it to operate on their
network for a variety of reasons. As a result, it forced the OCILJ to develop an
alternative — and we did. The COPLINK application now functions on the Internet
through a Virtual Private Network (VPN), which affords it a proper level of
security to comply with established standards for such information sharing. The
new network is hosted by the City of Santa Ana and their Police Department and
is performing as intended. As a result, we now have the ability to "plug -in" or "un-
plug" those agencies /departments who do not*want to be a part of the JPA and
share their information cooperatively with the rest of us. Accordingly, we are no
longer dependant on the Sheriffs Department to host the applications being
developed. Those individuals representing their agencies by signing this
correspondence intend to share such information.
We would also like to make it clear that we still hope the Sheriff ultimately comes
to the informed conclusion that it is in the best interest of those he represents to
participate in this collective effort. His Department provides police services to
23% of the population from the unincorporated and contract cities in Orange
County and as a result, it makes logical sense to share the information he
collects on their behalf with the rest of the Criminal Justice System in this County.
However, should that not be the case, there no longer is a technical reason to
prevent the rest of us from doing so, nor is there any reason to prevent us from
adopting a JPA form of governance to oversee the full implementation of the
adopted Strategic Plan and the ongoing support of our efforts over the course of
many years to come.
E
i
OCCMA President i Dominguez
August 22, 2005
Page 4
As a result of all of these facts, you will also find attached to this correspondence
a current 2005 Draft Copy of the proposed OCILJ Joint Powers Authority
document, the substance of which contains the same language that has been in
existence for a number of years. It has undergone much legal and policy review
and should be ready for adoption, should that be the ultimate decision.
In summary, we are asking you to move forward with any final review you believe
is necessary. However, in our professional opinion, after three and one -half
years of waiting, we need resolution and your support to implement the JPA and
cement the hard work that has brought us to this point by protecting the long-
term investment of resources devoted to this effort.
Respectfully submitted,
Chy2 ike Wssiria, President
� Police Department
esident, OCCSA
ZOO
Chief John Hensley
Costa Mesa Police Department
Vice President, OCCSA
C �
Chief D6ve M g
Irvine Police Department
SecretarylTreasurer, OCCSA
Chief Mike Sellers*
Seal Beach Police Department
Chief Bob MCDonell*
Newport Beach Police Department
Chairman, Law & Justice Committee
Chief Dennis Kies
La Habra Polio Department
Immediate Past President, OCCSA
Chief Paul Walters*
Santa Ana Police Department
OCCMA PresidentUominguez
August 22, 2005
Page 5
Chi f John Welter*
Anaheim Police Department
Chief Scott Jor
Tustin Police D artment
°Chief Tom Monson
Buena Park Police Department
�� �.-4
Chief F21atMcKinley
Fullerton Police Dep rtment
Chief Ken Small
Huntington Beach Police Department
Chief Mike McCrary
Los Alamitos Police Depa ent
L r1,,
Chief Andy Hall
Westminster Police Department
0
e,;- e��
Chief Rick Hicks*
Cypress Police Department
Chief Bob Gustafson
Orange Police Departmen
AM
Chief Paul Sorrell
Fountain Valley Police Department
(jo-zV4 NIUe,
Chief Joe Polisar
Garden Grove Police Department
Chief Ed Ethell
La Palma Police Department
Chief J In Schaefer
Placentia Police Department
15residing Judge Fred Horn
Orange County Superior Court
51
0
OCCMA President Dominguez
August 22, 2005
Page 6
rA'C5&--
Executive Officer Alan Slater
Orange County Superior Court
0
District #Roniek Tony Rackauckas
OrangeFCounty District Attorney's Office
Member, Law & Justice Steering Committee
Attachments: 1. OCCMA Letter Dated June 19, 2002
2. County of Orange, Board of Supervisors Agenda Item
Transmittal Dated December 10, 2002
3. Current Draft of Integrated Law & Justice JPA Document
5�-
Aliso %t*
Anaheim
Brea
Bueaa Park
Costa Mesa
Dana Palm
Fountain Valley
Fullmm
Gad. Grove
Buminglon Beach
Wine
Le Bah,a
La Palma
Laguna Beach
Lague Bilk
Laguna Niguel
Lakc Fonem
Los Aboasoa
Mission Viejo
Newport Beach
Grange
pkcesnia
Rancho Santa Margmita
San Ckmeme
San Juan Csp'vamm
Santa Ara
Seal Beach
Tenn
• 0 Exhibit 6
Orange County City Managers' Association
c/o City Administrator's Office
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Tel: (714) 993-8117 Fax: (714) 961-0283
November 14, 2005
Dear
On November 2, 2005 those Orange County City Managers with municipal police
departments acted to endorse the Joint Powers Authority (JPA) model for
governance of the Integrated Law & Justice Project (ILJ). At the time the action
was taken and as anticipated, the City Manager representatives that contract for law
enforcement services with the Sheriff's Department abstained from the vote.
The recommendation of the City Managers Association (OCCMA) is based upon
many months of evaluation of the work of the ILJ Steering Committee to
implement the Initiatives identified in the Strategic Plan completed with
participation from the entire Criminal Justice System in Orange County and
endorsed by all involved. The most recent data - sharing Initiative (known as
COPLINK) was demonstrated for the OCCMA at our September Meeting. This
very sophisticated system will allow for the availability and integration of Criminal
Justice data Countywide at the patrol officer and investigator level. Information
that has only been available within each jurisdiction will now be available to all
law enforcement agencies participating in the project. This latest effort represents a
tremendous step forward by making investigative lead information readily available
to all law enforcement personnel almost instantaneously.
The on -going work of the Integrated Law & Justice Project has been endorsed by
the Orange County Police Chiefs and Sheriff s Association and has been led by the
Newport Beach Police Chief, Bob McDonell, who has served as Chair of the
Project Steering Committee for approximately seven years. The City Managers
endorsing the JPA have determined that the time for establishing a formal
governance model has come, based upon the fact that a number of the projects
already implemented have exceeded their warranty period and others need the
strength of institutionalized governance that will insure the coordinated efforts of
all involved remain viable and improved for years to come. Additional projects
identified in the Strategic Plan are planned for implementation once the COPLINK
System is finalized.
53
• •
Date
Page Two
During the recent meeting of Orange County City Managers Association, a
question arose regarding costs for operations and management of the JPA. The
attached information prepared by Deloitte Consulting is representative of the
anticipated costs. They have been developed at the most conservative level, so it is
expected that the actual costs will not exceed those identified. Two cost formulas
were provided, one without the County's participation and one with their
involvement if the Sheriff changes his position. Accordingly, the recommendation
of the Orange County City Managers Association is for each City with a municipal
police department to consider approving the JPA model so the investments already
made in this very valuable Project and systems like COPLB-4K, can be protected in
future years. It is our hope and understanding that the Sheriff is revaluating his
past position on the overall Project and COPLINK in particular, which could
provide a method of including the County (and therefore the Contract Cities) in this
very worthwhile effort and reducing the shared costs for everyone.
If you have any questions, please feel free to call me or the two lead representatives
from the City Managers Association, Tim O'Donnell, 990 -7711, or Chief Bob
McDonell, 644 -3701.
Sincerely,
41;7
Robert C. Dominguez
City Administrator
RCD /mp
i�
Exhibit 7
�RMS /CMS Information Sharing
COPLINK System Use Policy
10/4/2005
I. OVERVIEW OF THIS POLICY
a. Background: The goal of the RMS /CMS Information Sharing Project is to
enhance the effectiveness of law and justice agencies by increasing
information sharing related to criminal activities. The Orange County
Integrated Law and Justice (OCILJ) agencies have assisted in the design and
implementation of a method of sharing law and justice information that
permits the electronic access to information maintained by those agencies.
The implementation of the COPLINK System serves as a solution to the
problems of inaccessible or irretrievable information as a result of disparate
information systems that lack a common platform and the difficulty in sharing
data across jurisdictional boundaries.
b. Intended Benefits: By facilitating the sharing of public safety information with
law and justice partners, OCILJ agencies can improve their responses to
community crime and enhance overall investigative capacity. The COPLINK
System provides sophisticated analytical tools that will enable authorized
users to discover links and relationships by providing consolidated data
across Orange County. This may allow them to solve previously "unsolvable"
incidents and investigate serial criminal activity.
c. Purpose of Policy: The purpose of the COPLINK System Use Policy is to
outline conditions under which the OCILJ agencies will share and use
information in the COPLINK System. By signing this policy, all COPLINK
System agencies, as well as all individuals who operate or use the COPLINK
System, agree to adhere to the guidelines specified in this policy and support
the public benefit derived from the electronic sharing of public safety
information.
d. Agency Participation: The COPLINK System is a cooperative venture of the
justice agencies in Orange County, California. Agencies can apply to
participate through the OCILJ Steering Committee by submitting a proposal
that outlines their intended use of the System, the type of data they intend to
contribute and any other information requested by OCILJ. A two- thirds
majority vote of approval of the Steering Committee is required to approve an
agency's participation in the System. Once approved, the agency will
proactively cooperate with OCILJ, the other participating agencies, and any
contractors working to implement and manage the system to obtain the
cooperation of their own System vendors and or maintenance contractors to
facilitate:
1. Network access and connectivity
2. Data extracts for engineering and testing purposes
3. Production extracts
4. Required modifications to their source systems
5. Regular data updates as agreed to during the design process
6. Timely review and approval of design documents and test results
Page 1 of 11
RMS / CMS InformatAharing
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e. Agency Withdrawal: An agency may withdraw their participation in COPLINK
at any time by providing written notice to OCI W that they wish to withdraw
their participation. In the event that the agency wishes their data withdrawn
from the COPLINK repository as part of the termination of their participation,
the withdrawing agency is responsible for contacting the maintenance vendor
(currently Knowledge Computing Corporation) and requesting the data
removal. The withdrawing agency is responsible for the cost associated with
the removal of their data from the repository.
II. AUTHORIZED RELEASE OF INFORMATION
a. Sharing of Information: Each participating agency authorizes the release of
information residing in their records management system to all users of the
COPLINK System as permitted by law. It is the responsibility of each agency
to specify which data points to share and any other special requirements.
Agencies will participate in several testing sessions, where they will validate
and ensure that their information is accurately reflected in the new System.
1. California law prohibits the release of victim information in specific sex
related crimes to unauthorized users.
b. Limitation on Information Sharina• Information contributed by each agency
shall only be shared with or released to those agencies that have entered into
this Agreement. Only authorized agency employees that have an approved
login and password, will be allowed to access or. use information in the
COPLINK System. All queries must only be made by such users.
c. Liability: Knowledge Computing Corporation and each agency is solely
responsible and liable for any damages, losses, claims, judgments, and
expenses resulting from injury to any person or damage to any properties,
which arise out of its own employee's performance and use of the System
under this Agreement.
d. Indemnification: Knowledge Computing Corporation, the COPLINK
maintenance vendor, and each User Agency that accesses information
through the COPLINK System shall indemnify, defend, and hold harmless the
other User Agencies, their County or Cities, City Councils, Board of
Supervisors and other elected officials, boards and commissions, officers,
agents, and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily
injury, death, or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs, and expenses (including, without limitation, attorney's fees,
disbursements, and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively,. "Claims'), which may arise from the
improper use or release of information obtained through the COPLINK
System by the Knowledge Computing Corporation or accessing User Agency,
including as a result of the negligent and /or willful acts, errors, and /or
Page 2 of 11
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11/14/2005
omissions of Knowledge Computing Corporation, or the User Agency, its
principals, officers, agents, employees, elected officials, and anyone
employed directly or indirectly by them or for whose acts they may be liable.
Notwithstanding the foregoing, nothing herein shall be construed to require
Knowledge Computing Corporation or the accessing User Agency to
indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in
any action on or to enforce the terms of this Agreement. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Knowledge Computing Corporation or the
User Agency.
e. Internal Audit: Each Agency's System Administrator shall conduct an internal
audit on a periodic basis to ensure information is reasonably up to date and
user queries are made for legitimate law enforcement purposes.
III. INFORMATION OWNERSHIP
a. Ownership: Individual agencies retain control of all of information they
provide through the System at all times. Each agency is responsible for
creating, updating, and deleting records in its own records management
system or database, according to its own policies. The originating agency is
solely responsible for the completeness and accuracy of its source data.
b. Unauthorized Requests: Any request for access to information hosted in the
COPLINK System that is not authorized for viewing will be referred to the
agency that owns the information being requested. Except as required by
law, information shall not be released or made available to any unauthorized
requestor without the approval of the agency having ownership of the original
source data.
IV. UNDERSTANDING ON ACCURACY OF INFORMATION
a. Accuracy of Information: Agencies agree that the data maintained in the
COPLINK System consists of information assumed to be accurate. However,
data inaccuracies can arise for multiple reasons (e.g., entry errors,
misinterpretation, outdated data, etc). It is the responsibility of the agency
requesting or using the data to confirm the accuracy of the information with
the owning agency before taking any enforcement - related action.
b. Timeliness of Information: As a part of the System design process, each
agency determines the frequency with which their data will be refreshed in
COPLINK. In addition, agencies have their own policies and speed at which
incidents are recorded in their records management systems. Since changes
Page 3 of 11
��
RMS / CMS informatid6haring •
Scope Change Request Form
or additions to data do not get updated in COPLINK on a real -time basis,
agencies recognize that information may not always be timely and relevant. It
is the responsibility of the agency requesting the data to confirm the
timeliness and relevance of the information with the owning agency.
Additionally, a data refresh schedule will be published by the System
Administrator to enable a user to determine the potential timeliness of each
agency's data.
c. Hold Harmless: To the extent permitted by law, agencies agree to hold .
information owners harmless for any information which is in the COPLINK
repository, or any action taken as a result of that data, regardless of whether
the data is accurate or not, or any time delay associated with changes,_. _
additions, or deletions to the information contributed.
V. USER ACCESS
a. Login Application Process: Each user agency shall appoint their own agency -
specific System Administrator who is responsible for management of user
accounts at that agency. An overall Network System Administrator will also
be appointed. The user may submit a request for a login and password to
their Agency System Administrator. The agency agrees that all users shall be
current employees and be authorized to review criminal history data for
legitimate purposes. The Agency System Administrator may deny or revoke
individual access in their sole discretion.
b. Login Assignment: Each individual user will be issued a user login and a
default password by their Agency System Administrator. Upon logging into
COPLINK for the first time, each user will change the default password to
another password. Users may also be assigned to groups that have different
access rights to the information in the system based on the level of restriction
of the information.
c. Provision of Policy: The Agency System Administrator must provide a copy of
the terms and conditions of this policy to all users when they are issued a
login ID for the system.
d. Limitations on Use of Logins• Each user must comply with the System Use
Policy guidelines. A user may not access COPLINK by using a name or
password that was assigned to another user. A user cannot give his or her
password to another person, including another user, to access the system.
e. Audit Trail: Each transaction on COPLINK is logged and an audit trail
created, which is resident on the System for a minimum of three years.
Requests for transaction logs shall be made in writing through the requestor's
chain -of- command to their Agency System Administrator.
f. Termination of Loains: Participating agencies will be responsible (through
their Agency System Administrator) for timely removal of any login accounts
as users leave the agency or as they fail to meet the requirements for access
to the System.
Page 4 of 11
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RMS / CMS /nformati0haring
Scope Change Request Form
11/14/2005
VI. INTENDED USE OF THE SYSTEM
a. Intended Use: Each user agrees that the use of the COPLINK System, the
information contained in it, and the networking resources provided are for
reasons related to the mission of the OCILJ agencies. Users acknowledge
that the information hosted in the COPLINK System will be shared and used
for authorized purposes only as permitted by law. No user can use or share
the information for any unethical, illegal, or criminal purpose.
VII. UNDERSTANDING ON CONFIDENTIALITY OF INFORMATION
a. Information Confidentiality: Each user agrees that information in the
COPLINK System is confidential and is not subject to public disclosure,
except as required by law. Only agency employees that have an
authenticated login and password are allowed to view and use the
information. The information will otherwise be kept confidential.
b. Intemal Requests for Information: A COPLINK System user who receives a
request from a non - authorized requestor for information in the COPLINK
System (of which they are not the originating source) shall not release that
information, but may refer the requester to the agency that is the source. A
COPLINK System user who receives a court order to release information in
the COPLINK System will immediately provide a copy of the court order to the
owner /source agency that originally provided the information .and to his /her
own Agency System Administrator. The owner /source agency is responsible
for preparing a timely response to the court order or, in the event of a failure
to respond, allows the receiving agency to respond as necessary to comply
with the order. Any challenge or objection to the order is the responsibility of
the owner /source agency.
c. Confidential Records: An agency that does not want data made available
from its records management system to any COPLINK user is responsible for
ensuring that the data is not included in a data transfer to the COPLINK
System. An agency that only wants data from its records management
system to be made available to a select group of COPLINK users is
responsible for placing the appropriate restriction indicator on the underlying
data in the agency's internal records management system or database.
d. Removal or Expungement of Records: As part of the design of an agency's
data updates, the period at which a record deletion, removal expungement or
other edit is transferred to the repository from the source system will be
defined. If an agency requires a record edited, removed, or otherwise
changed in a more timely manner, they are responsible for contacting the
maintenance contractor (currently Knowledge Computing Corporation)
directly and arranging for such a change to be manually processed to their
data.
Page 5 of 11
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RMS / CMS informatAharing •
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11/14/2005
VIII. SYSTEM ACCESS
a. Network Access: Access to other member agencies' information will be
provided utilizing a virtual private network maintained by the City of Santa
Ana or any other secure network. configuration that is mutually acceptable to
the member agencies.
b. System Availability: The information residing in the COPLINK System shall
be available on a 24 -hour a day, 7 days a week basis with downtime limited to
those hours required for any necessary System maintenance activities.
Agencies agree to inform each other in advance, whenever possible, of
scheduled System downtimes. For policies related to the network, service
levels, and security, please refer to the Service Level Agreement document.
IX. POLICY TERMS
a. Term: The term of this policy will commence on the date that it is adopted by
the first OCILJ agency.
b. Changes to Policy: After implementing the COPLINK System with Phase 1
agencies, it is anticipated that the System will also be implemented across the
other Phase 2 agencies. New agency members may be added to this policy
by signing an amended copy of the agreement and accepting its conditions
and obtaining an approval for their membership by a majority of the OCILJ
Steering Committee. Based on ongoing monitoring of the System, agencies
may propose other changes to this policy. Such proposals require the
approval of a two - thirds majority of the participating agencies and the OCILJ
Steering Committee.
c. Supplemental Policies: All participating agencies that operate their own
computers or networks may add individual guidelines which supplement, but
do not relax, this policy.
d. Sanctions for Non - Compliance: If any agency violates the guidelines of this
policy with regard to accessing, sharing, or using information, that agency
may be disconnected from the COPLINK System. The offending agency will
be provided with a 60 day written notice of the violation and the opportunity to
correct the violation. Failure to meet the guidelines will result in the
termination of System access for the offending agency. All disputes
concerning access shall be determined by a two - thirds majority vote of the
OCILJ Steering Committee.
X. SIGN -OFF ON EXECUTION OF POLICY
By signing this agreement, all representatives and their participating agencies
contributing or using information from this System agree to implement and adhere to the
provisions as outlined.
Page 6 of 11
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Scope Change Request Form
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(3g I
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
April 25, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Bob McDonell, Chief of Police, 949 644 3701, bmcdonell @nbpd.org
SUBJECT: Amendment to Joint Powers Authority Agreement — Integrated Law and
Justice Agency
RECOMMENDATION:
Approve the attached Resolution 2006 -_ (Exhibit 1), which amends an earlier
Council Resolution (2005 -55), which authorized the City of Newport Beach to
participate in the Integrated Law and Justice Agency of Orange County (ILJAOC)
and authorized the Mayor to execute the Amended Joint Powers Agreement
(JPA).
2. Authorize the City Manager and Police Chief to execute any related documents
consistent with the implementation of this Agreement and grant continuing
authority to the City Manager to execute anticipated amendments to the JPA as
recommended by the Chief of Police and approved by the City Attorney and
determined to be non - substantive in nature.
BACKGROUND:
On November 22, 2005, the City Council was one of the first cities in the County to
adopt the proposed Joint Powers Authority Agreement to form the Integrated Law and
Justice Agency of Orange County. Even though the proposed Agreement had been
reviewed by numerous City Attorneys prior to final distribution, turnover in that
representation caused additional review of the proposed language to occur after several
of the cities passed the JPA Agreement. As a result, it has required those of us who
were early signatories to the Agreement to return to City Council and seek approval of
the amended document. As you might expect, the effort to reach concurrence between
over a dozen different City Attorneys regarding appropriate language in such an
Agreement was and continues to be challenging.
. ILJAOC
April 25, 2006
Page 2
As a result of those challenges, the amended Resolution, if approved, would provide
continuing authorization to the City Manager to execute amendments to the Agreement
from time to time as necessary for the continued operation of the Agency as
recommended by the Chief of Police and approved by the City Attorney and determined
to be non - substantive in nature. We anticipate such an amendment to be necessary
within a minimum of six months of formation of the Agency as a result of language
proposed by one such City Attorney, resulting in a negotiated agreement to modify the
governance language within that timeframe. That requirement was stipulated to as part
of . Council approval in . several cities represented by that particular contract City
Attorney's Office. (Those language changes have already been determined to be non -
substantive in nature by our own City Attorney's Office.)
I have attached the original Staff Report presented to Council (without the numerous
Exhibits, which were part of that Report) to provide Council with any necessary
background on the overall Project.
In summary, as of April 25, 2006, 19 out of the 21 cities in the County will have adopted
the proposed JPA, with the remaining two jurisdictions scheduled for consideration by
their respective City Councils during the first week of May 2006.
CONCLUSION:
Approve the amended JPA Agreement and enabling Resolution in order to provide for
the successful implementation of the Agency.
Respectively submitted,
P,J'9',JJ
Bob McDonell
CHIEF OF POLICE
Attachments: Exhibit 1 — Resolution
Staff Report, November 22, 2005
0 EXHIBIT 1
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING JOINT POWERS
AGREEMENT FOR THE INTEGRATED LAW AND JUSTICE
AGENCY FOR ORANGE COUNTY
WHEREAS, the City of Newport Beach desires to cooperate with other public
agencies to exercise some or all of their powers to establish, operate, and maintain the
Integrated Law and Justice Agency for Orange County ( "IUAOC'), consistent with the
Joint Powers Agreement ( "JPA ") dated April 25, 2006; and
WHEREAS, the City of Newport Beach has and possesses the power and
authority to finance, organize, participate, and establish a public agency to facilitate the
integration and sharing of criminal justice information for the benefit of the lands and
inhabitance within their respective boundaries; and
WHEREAS, the City of Newport Beach and other public agencies propose to join
together to establish, operate and maintain a public agency for the benefit of their
respective lands and inhabitance; and
WHEREAS, it is in the public interest to provide a means by which other public
agencies may request services for the benefit of their lands and inhabitance; and
WHEREAS, the City of Newport Beach has the authority to finance, organize, and
participate in a public agency such as the ( "ILJAOC ") pursuant to California Government
Code Section 6500 et seq.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Newport Beach, California, pursuant to this authority, hereby adopts and approves the
( "JPA ") for ( "ILJAOC "), attached as Exhibit 2 and incorporated by this reference.
0
0
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take
the necessary steps consistent with the ( "JPA ") for the ( "ILJAOC") to effectuate the
organization and establishment of the ( "JPA ") for the ( "ILJAOC'). The City Council also
authorizes the City Manager to execute subsequent amendments to this Joint Powers
Authority Agreement as recommended by the Chief of Police and approved by the City
Attorney and determined to be non - substantive in nature.
ADOPTED this 251h day of April, 2006.
Don Webb, Mayor
ATTEST:
LaVonne Harkless, City Clerk
-2-
APPROVED AS TO FORM:
Daniel K. Ohl, Deputy City Attorney
City of Newport Beach
• Exhibit 2
JOINT POWERS AGREEMENT
FOR
INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY
(IUAOC)
This Agreement is made and entered into by and between the listed cities,
other entities, and County of Orange collectively referred to as "Member Agencies"
This Agreement is dated , 2005 for reference purposes.
Anaheim
Brea
Buena Park
Costa Mesa
Cypress
Fountain Valley
Member Agencies
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Laguna Beach
Los Alamitos
Newport Beach
Orange
Placentia
Santa Ana
RECITALS
Seal Beach
Superior Court of CA,
County of Orange
Tustin
Westminster
WHEREAS, the Member Agencies have and possess the power and
authorization to finance, organize, and establish a public agency to facilitate the
integration and sharing of criminal justice information for the benefit of the lands
and inhabitants within their respective boundaries; and
i
WHEREAS, teMember Agencies propose to jdflogether to establish,
operate, and maintain an agency for the benefit of their respective lands and
inhabitants; and
WHEREAS, it is in the public interest to provide a means by which other
public agencies may request services for the benefit of their lands and inhabitants.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein the parties hereto agree as follows:
1
PURPOSE
1.01 The purpose of the Integrated Law and Justice Agency for Orange
County IILJAOCI, is to cooperate with each Member Agency in the exercise of
some or all of their powers to establish a separate agency to facilitate the
integration and sharing of criminal justice information /data in the manner set forth in
this Agreement.
1.02 Each Member Agency expressly retains all rights and powers to
finance, plan, develop, construct, equip, maintain, repair, manage, operate, and
control equipment, facilities, properties, projects, and information that it deems in its
sole discretion to be necessary or desirable for its own information system needs,
and that are authorized by the laws governing it. This Agreement shall not be
interpreted, and the ILJAOC created herein, shall not have authority to impair or
control any of the Member Agencies' respective rights, powers, or title to such
equipment, facilities, properties, information, and projects, nor shall any Member
Agency be required to provide additional personnel, equipment, or services to the
ILJAOC, which are not already a part of the Member Agency's current operational
costs, or which requires them to modify their non- ILJAOC systems or services,
without their consent and full cost reimbursement from other Member Agencies or
other revenue sources.
F
1.03 Each 110ber Agency expressly retains allots and powers to use
other funds or funding sources to finance, plan, develop, construct, equip, maintain,
repair, manage, operate, and control equipment and facilities for their information
services.
1.04 The ILJAOC is intended to provide criminal justice and law
enforcement officials who have a need and right to know, with comprehensive,
timely, and accurate information about a criminal suspect or offender, including
identity, criminal history, and current justice status. In addition, it is intended to:
a) Allow criminal justice practitioners to maintain legacy databases
and share only information that has been agreed upon in advance
by a majority vote of the Board or the individual agency affected.
b) Reduce redundant document preparation, data entry, transmission,
and storage.
c) Strive to identify and achieve common interests to enhance public
safety and due process.
d) Maintain individual privacy rights, preserve protections agencies
have for public records and promote appropriate access controls
and security.
e) Support the development of effective criminal justice policy in
keeping with the objectives of the Orange County Integrated Law &
Justice Strategic Plan ( "Strategic Plan ") adopted by the Orange
County Chiefs & Sheriffs Association in April of 2001, and any
amendments to that plan as approved by a majority vote of the
Board.
f) Strive for the compatibility of automated systems and processes
among the various components of the Orange County Criminal
Justice System.
g) Acknowledge that each Member Agency is responsible for internal
agency security for their records, technical support, etc.
h) Recognize that in order to achieve overall success, resources
(personnel, software, hardware, etc.), will be shared willingly and in
some cases unequally by the Member Agencies, as long as that
3
coop4n does not adversely impact t*ission of the sharing
member.
i) Allow the Member Agencies to work together to implement the
adopted Strategic Plan (and subsequent amendments to that
plan), for an Integrated Law & Justice System through the
information sharing which will result from that collaborative effort.
1.05 Member Agencies are not required to seek approval from the
ILJAOC to purchase, install, or modify their own (non- ILJAOC owned) equipment,
services, or work performed in conjunction with any legislative mandate /authority
granted to or required of Member Agencies in order to carry out their respective
responsibilities. Furthermore, the ILJAOC has no power or authority to control,
interfere with, or inhibit Member Agencies from conducting their own internal
business and/or providing their own (non - ILJAOC owned) resources or services to
other entities, which may or may not be members of or served by the ILJAOC. Any
changes to software or additional hardware that have been integrated into a
Member Agency's existing infrastructure as part of a requirement to implement the
initiatives as approved by the JPA Advisory Board, will become the sole property of
that Member Agency, when without those enhancements, the agency could no
longer operate their systems independent of the JPA.
1.06 Member Agencies may modify, upgrade, or otherwise alter any of
their internal systems or processes without approval of the ILJAOC, as long as
those modifications do not inhibit the exchange of offender data and systems
implemented and /or funded by the prior action of the ILJAOC.
CREATION OF THE INTEGRATED LAW & JUSTICE AGENCY OF ORANGE
COUNTY
2.01 By this Agreement, the Member Agencies hereby create a separate
legal entity to be known as the Integrated Law & Justice Agency of Orange County
( "ILJAOC "). The Member Agencies may agree on a different name for the ILJAOC.
4
2.02 The ILJAOC shall possess in its own name and the Member
Agencies delegate to it, the following enumerated powers:
a) To make and enter into contracts consistent with this
Agreement, including, but not limited to, contracts to purchase
and /or dispose of supplies and equipment to carryout the
implementation of the Strategic Plan and any adopted
amendments to that plan.
b) To receive compensation, gifts, contributions, and donations of
property, funds, services, and other forms of financial
assistance from persons, firms, corporations, and any
governmental entity.
C) To sue and be sued in its own name.
d) To apply for an appropriate grant or grants under any Federal,
State, or local programs for assistance in developing any of its
programs or providing services to other public entities.
e) To appoint committees, adopt rules, regulations, policies, by-
laws, and procedures governing the operation of the ILJAOC.
f) To add Member Agencies to the ILJAOC as approved by the
ILJAOC Board and the existing Member Agencies, and
execute agreements and resolutions consistent with the terms
of this Agreement.
g) To appoint/hire officers, employees, or agents.
2.03 Said powers shall be exercised in, the manner provided by California
law, including, without limitation, the Joint Exercise of Powers provisions of
Government Code section 6500, et seq., and, except as expressly set forth
herein, the Treasurer /Collector shall be subject to the restrictions upon the
manner of exercising such powers as are imposed upon the Member Agency
whose employee or officer is designated as the ILJAOC Treasurer /Controller
pursuant to section 3.13 below. The Member Agency's Treasurer /Controller
appointed by the Governing Board shall serve a minimum three -year term at the
5
discretion of the B* so as to minimize any disrupticen carrying out his/her
responsibilities.
2.04 Except as provided herein, the member agencies agree that all
supplies and equipment purchased by the ILJAOC shall be owned and controlled
by the ILJAOC as its sole and separate property and not as property of any
Member Agency.
2.05 The ILJAOC shall operate as a separate legal entity and incur debt,
separate and apart from the Member Agencies, and that its debts, obligations,
and liabilities are its own and not that of the Member Agencies, except as
specifically provided for herein.
ORGANIZATION
3.01 The membership of the ILJAOC shall be the original Member
Agencies, and any additional Agencies as approved by the Members which have
executed this Agreement, and any subsequent amendments thereto, and that have
not withdrawn from the ILJAOC.
3.02 The ILJAOC shall be governed by a Board consisting of six (6)
Municipal Police Chiefs each elected for a three -year term by the Orange County
Chiefs' & Sheriffs Association along with one designated alternate, to represent
those Member Agencies with Municipal Police Departments. In addition to the
Municipal Police Chief representatives, other voting members will be the Presiding
Judge of the Orange County Superior Court, the Chief Executive Officer of the
Court, .three (3) City Manager representatives elected for three -year terms by the
Orange County City Managers Association, with at least one (1) of those
representatives being from a "contract city" in the County. Each Board member, or
in the absence of a Board member, an alternate designated in advance by each
said Board Member, shall have one vote on all matters before the Board. Such
alternate members may be replaced from time to time at the appointing Board
D
Member's discretionol Board Members may be remov'Without cause by their
respective appointing authorities.
3.03 In order to ensure efficiency with other related Criminal Justice
System practices in the County and with the approval of the voting members, the
Board, in its discretion, may also include non - voting members from County of
Orange as follows: the Sheriff, District Attorney, Chief Probation Officer, Public
Defender, and one (1) representative from the County Executive's Office who will
serve at the CEO's pleasure.
3.04 Each voting Board member shall hold office until a successor is
selected, elected, hired or appointed, as the case may be, under the powers of this
Agreement and each Member Agency. The term of a Board member or alternate
(both voting and non - voting) who is a public official or employee of a Member
Agency shall terminate upon such Board Member leaving his or her position with
the Member Agency. The vacancy of such a member who has left his or her
position shall automatically be filled by selection, election, or appointment, as the
case may be; according to the selection process adopted by this Agreement and
the Member Agency whose representative has left his or her position.
3.05 Board members and alternates shall not receive compensation for
their service on the ILJAOC Board, but may be reimbursed by the ILJAOC for
reasonable expenses incurred in conducting the business of the ILJAOC, as
provided in this Agreement, when the expenses are not paid or reimbursed by the
employing Member Agencies.
3.06 The principal office of the ILJAOC shall be established by the
Board and shall be located within the County of Orange. The Board may change
the principal office from one location to another within the County of Orange. Any
change of address shall be noted by the Board but shall not be considered an
amendment to this Agreement.
3.07 The Board shall meet at a location as may be designated by the
Board. The time and place of regular meetings of the Board shall be determined by
7
resolution adopted Oe Board. A copy of such resoldO shall be furnished to
the Member Agencies. All meetings of the Board, including regular, adjourned, and
special meetings, shall be called and held. in a manner as provided in the Ralph M.
Broom Act, Chapter 9, Division 2, Title 5 of the California Government Code
commencing with section 54950 et seq., as amended.
3.08 All of the powers and authority of the ILJAOC shall be exercised by
the Board unless specifically delegated to the extent permitted by law or reserved
to the Member Agencies under this Agreement. Unless otherwise provided herein,
each Board Member shall be entitled to one (1) vote. Except as otherwise provided
herein, a majority of the full membership of the Board or their alternate present at a
properly noticed meeting, shall constitute a quorum for purposes of transacting
business. A majority vote of that quorum may adopt any motion, resolution, or
order and take any other action appropriate to carry forward the objectives of the
ILJAOC pursuant to this Agreement, with the exception of the adoption of the
budget or other appropriations in excess of the adopted budget as outlined in
Section 4.04 of this agreement, when a two- thirds majority of the entire
membership or their alternates is required for approval.
3.09 The Board shall designate a recording secretary to establish,
distribute, and post agenda notices as required by law, keep the minutes of all open
meetings of the Board, and cause a copy of such minutes to be forwarded to each
Member Agency within a reasonable time after each meeting.
3.10 The Board may adopt from time to time policies, rules, and
regulations for the conduct of its administrative affairs and that of the ILJAOC as
may be required and consistent with this Agreement.
3.11 Where this Agreement requires an approval of a resolution by any
Member Agencies in any matter, the approval shall be evidenced by a certified
copy of the resolution or ordinance of the governing body of such Member Agency
filed with the ILJAOC.. It shall be the responsibility of the Board to provide certified
copies of said actions.
E
3.12 On a4onual basis, the Board shall elect t*oard members to act
as Chair and Vice -Chair of the Agency for the purpose of conducting the Board
meetings and performing other duties as required. The Vice -Chair may carry out all
the duties of the Chair in his /her absence.
3.13 The Board shall appoint an officer or employee of a Member Agency
to hold the offices of Treasurer and Controller ("Treasurer /Controller"), whose
duties shall be in conformance with Government Code sections 6505 and 6505.5
and whose salary, if any, shall be established by the Board. The
Treasurer /Controller shall also administer all contracts subsequent to the Board's
approval and shall contract with a certified public accountant to make an annual
audit of the accounts and records of the ILJAOC as provided in Government Code
section 6505. The annual audit shall be submitted to the Board and each Member
Agency when completed. The budget, covering a budget cycle set by the Board,
shall be prepared by the Treasurer /Controller for the approval by the Board. The
ILJAOC's investment policies shall be the policies of the Member Agency of the
Treasurer /Controller as those may be modified by the Board of the ILJAOC. The
cost of the Treasurer /Controller in carrying out his /her duties, including, with
limitation, any outside professional services, shall be reimbursed by the ILJAOC.
3.14 The Board shall have the power to appoint/hire additional officers,
employees, or agents. Any officer, employee, or agent of the ILJAOC who is an
officer, employee, or agent of any of the Member Agencies will continue to be
subject to the Member Agency's personnel system. However, the ILJAOC may hire
employees that are subject to the personnel system of the ILJAOC and said
employees would not be employees of any Member Agency. Any person from any
Member Agency appointed by the Board to fulfill a staff position with the ILJAOC
shall possess appropriate qualifications to carry out his or her responsibilities.
3.15 The City Attorneys or their Deputies of the Member Agencies may
generally serve as counsel to the ILJAOC, to the extent agreed to by the respective
Member Agency and permitted by such waivers of conflicts of interest to authorize
such representation as may be executed by such Member Agency and the ILJAOC
Board. The specific and ongoing duties of legal counsel to the ILJAOC may be
9
rotated no less tha*ually; however, preferably for a9M consistent with the
Treasurer /Controller appointment and shall be on a voluntary basis. The
assignment of -one of those individuals to perform the required duties shall be
solicited from the legal counsels of the Member Agencies, and is subject to the final
approval of the ILJAOC Board.
3.16 The officers shall perform all duties customary and appropriate to
their respective offices and:
a) After approval by the ILJAOC Board, the presiding officer shall
sign all contracts on behalf of the ILJAOC Board.
b) The secretary shall perform such duties as assigned by the
Board and shall keep minutes of the Board meetings.
c) The Treasurer /Controller shall be bonded in the amount to be
determined by the Board and the bond fee shall be paid by the
ILJAOC. The Treasurer /Controller shall perform the duties as
set forth in Sections 3.12, 4.02, 4.03, 4.04, 4.05, 4.09, 4.10
and 4.11.
3.17 The Board may appoint a Project Manager by contract or otherwise
to oversee day -to -day operations of the ILJAOC. The Project Manager shall
manage the daily operations of the ILJAOC and supervision of any other ILJAOC
employees.
3.18 All of the privileges and immunities from liability, exemption from
laws, ordinances and rules, all relief, pension, disability, worker's compensation,
and other benefits which apply to the activities or omissions of officials, officers,
employees, volunteers, or agents of any of the Member Agencies when
performing their respective functions for their respective Member Agency shall
apply to such person(s) to the same degree and extent while they are assigned
to the ILJAOC to perform and are performing any of the functions and other
duties of the ILJAOC pursuant to authority granted by this Agreement. None of
the officials, officers, agents, volunteers, or employees of a Member Agency
appointed to the Board or performing services at the direction of the ILJAOC
10
shall be deemed boson of their appointment or se* to be employed by
any of the other Member Agencies or the ILJAOC or be subject to any of the
requirements of the other Member Agencies.
IV
BUDGET AND DISBURSEMENTS
4.01 The Board shall adopt a budget for the ensuing fiscal year(s)
pursuant to procedures developed by the Board. At the conclusion of each fiscal
year, the Treasurer /Controller shall make a report to the Board regarding the
excess or deficiency of revenues over (or under) expenditures. Such report shall
include "budget to actual" comparisons based upon the previously adopted
budget. Upon receipt of the report, the Board shall determine what extent, if any,
unexpended budgetary appropriations shall be re- appropriated or whether any
excess of revenues over expenditures shall be allocated or expended.
4.02 The Treasurer /Controller shall draw warrants upon the approval
and written order of the Board or the Board's Project Manager. The Board shall
requisition the payment of funds only upon approval of such claims or
disbursements and such requisition for payment in accordance with rules,
regulations, policies, procedures, and by -laws adopted by the Board.
4.03 All funds received by the Treasurer /Controller for services provided
by the ILJAOC, will be placed in object accounts, and the receipt, transfer, or
disbursement of such funds during the term of this Agreement shall be accounted
for in accordance with generally accepted accounting principles applicable to
governmental entities. There shall be strict accountability of all funds. All
revenues and expenditures shall be reported to the Board on a quarterly basis,
unless otherwise required by the Board.
4.04 All expenditures within the approved budget shall be made upon
the approval of the Treasurer /Controller in accordance with the rules, policies,
and procedures adopted by the Board. No expenditure in excess of those
11
budgeted shall be loe without the two- thirds majoriwproval of the entire
Board and the budget shall thereafter be revised and amended.
4.05 The records and accounts of the ILJAOC shall be audited annually
by an independent certified public accountant and any cost of the audit shall be
paid by the ILJAOC. The minimum requirements shall be those prescribed by
the State Controller under California Government Code section 26909 and in
conformance with generally accepted auditing standards. Copies of such audit
report shall be filed with each Member Agency no later than fifteen (15) days
after receipt of said audit by the Board.
4.06 The Member Agencies have agreed by resolution through their
respective Governing Authorities to fund on a shared basis, the costs of the
ILJAOC operations, and capital in excess of any grant funds, through annual
budget appropriations. Each Member Agency's agreement to provide such funds
in fiscal years after the fiscal year in which this Agreement is executed, is
contingent upon appropriation by the governing body of that Member Agency of
sufficient funds for that purpose. The subject resolutions shall not limit the
authority of each Member Agency to cease appropriations for the ILJAOC
operations as determined by their respective Governing Authorities, provided,
however, that a decision to cease appropriations shall be subject to the terms of
Section 6.02 below. In addition, where the ILJAOC has an obligation under the
terms of this agreement to reimburse a Member Agency for providing personnel,
equipment, and /or services to the ILJAOC, the Member Agency providing such
personnel, equipment, and/or services may waive its right to reimbursement.
When a Member Agency incurs costs eligible for reimbursement under the terms
of this agreement, those costs shall include only those, which are not part of the
Member Agency's pre- existing infrastructure /operation, prior to the effective date
of this Agreement. They also shall not include overhead charges. Costs for the
ILJAOC operations referenced in accordance with Section 4.06 shall be shared
as follows:
a) Member Agencies with Municipal Police Departments as
determined on a per capita basis = 95 %.
12
b) The S *ior Court of California, County oonge = 5 %.
4.07 The Member Agencies acknowledge and agree that the ILJAOC
will act as a conduit for the management, direction; and provision of integrated
services to the Member Agencies and to other public agencies that contract with
ILJAOC for such services.
4.08 Based on information provided by the Project Manager or other
designated representative of the ILJAOC, the Treasurer /Controller shall keep a
written account of any services provided to other public agencies by the ILJAOC.
All revenues received from other public agencies contracting or receiving
services from the ILJAOC for services shall be used to offset the costs incurred
by the ILJAOC. The Governing Board shall determine whether those funds shall
be placed in a Capital Reserve or otherwise allocated in the Agency's Budget
and /or projected costs to Member Agencies.
4.09 In establishing rates for services to public agencies, the Board shall
assure that the contracts for such services provide for the reimbursement of the
actual expenses of providing all services of the ILJAOC, including insurance
coverage for the ILJAOC's personnel and equipment. Payment for the ILJAOC
services by contracting public agencies shall be made on a monthly basis to the
Treasurer /Controller of the ILJAOC. The Treasurer /Controller shall provide a
written monthly account to the Board of all revenues and expenses of the
ILJAOC services to other public agencies.
4.10 The ILJAOC budget shall include the provision for a Capital
Replacement fund that will provide for, among other things, the replacement of
the equipment owned and operated by the ILJAOC. The ILJAOC Board annually
shall recommend to the Member Agencies amounts needed for Capital
Replacement. The amount of the provision for Capital Replacement in each
ILJAOC annual budget will depend on the amounts appropriated by the Member
Agencies for such purposes during each fiscal year. Said funds shall be
transferred to the ILJAOC monthly by the Member Agencies for deposit in the
ILJAOC's Capital Replacement fund. The actual purchase of new equipment
13
and disposal of ui *ded equipment shall be don *henever determined
appropriate and justified by the Board.
4.11 All revenues derived from service contracts with other public
agencies shall be maintained in a separate revenue account for the ILJAOC.
The Treasurer /Controller shall be responsible for accounting for all such revenue.
The Board shall be responsible for determining the appropriate allocation of such
funds as part of the budget adoption process.
V
LIABILITIES
5.01 Except as provided in Section 8.05, the ILJAOC and the Member
Agencies agree, to the extent allowed by law, that the Member Agencies shall be
fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or
expense arising out of, or in any way related to, the performance of this
Agreement by the ILJAOC. Accordingly, the provisions of this Agreement should
be broadly construed in favor of protection for the Member Agencies and
interpreted to provide the fullest possible protection to the Member Agencies and
Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC
acknowledges that the Member Agencies would not have entered into this
Agreement in the absence of the commitments of the ILJAOC as specified in this
Article V.
5.02 The Member Agencies acknowledge that each Member Agency
may be assigning its own personnel to a cooperative pool of personnel to provide
service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all
debts, liabilities, and other obligations for all activities of the ILJAOC, and shall
maintain sufficient insurance coverage in effect at all times to cover any such
claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager
and approved by the Board.
14
5.03 Excepo provided in Section 8.05, th,JAOC shall protect,
defend, indemnify, and hold free and harmless the Member Agencies and their
respective elected and appointed boards, officials, officers, agents, volunteers,
and employees from and against any and all liabilities, damages, loss, cost,
claims, expenses, actions, or proceedings of any kind or nature caused by
ILJAOC employees or employees of Member Agencies who are performing.
ILJAOC functions, including, but not by way of limitation, injury or death of any
person, injury or damage to any property, including consequential damages and
attorney's fees and costs, resulting or arising out of or in any way connected with
the negligent acts or failure to act in the course and scope of carrying out their
responsibilities in the performance of their duties to the ILJAOC and for which the
ILJAOC will maintain sufficient insurance coverage in effect at all times as
recommended by their Risk Manager, to cover any such damage claim, loss,
cost, expense, action, proceeding, liability, or obligation.
5.04 Any contract with a non - member public agency ( "non Member
Agency ") receiving services pursuant to this Agreement shall include a mutual
indemnification provision wherein the non Member Agency and the ILJAOC shall
mutually agree to defend and indemnify the other in an amount equal to its
proportionate share of liability on a comparative fault basis. The contract shall
also provide: 1) That the indemnity obligation shall exist with respect to any
claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in
any way related to, the performance of services pursuant to the contract; and 2)
The obligation of the non Member Agency and the ILJAOC pursuant to the
indemnification provision will extend, without limitation, to an injury, death, loss,
or damage which occurs in the performance of the contract and that is sustained
by any third party, any agent, or contractor of the non Member Agency or the
ILJAOC.
5.05 Member Agencies shall be responsible for the continued provision
of worker's compensation coverage for the officers or employees of the Member
Agencies that are assigned to provide services to the ILJAOC and /or serve as
officers or employees of the ILJAOC. In this regard, each Member Agency shall
defend, indemnify, and hold harmless the ILJAOC and any other Member
W
Agencies, and theiOpective officials officers, employ* contractors, agents,
and representatives with respect to any claim, loss, liability, damage, lawsuit,
cost, or expense, including attorney's fees and costs, that arises out of, or is in
any way related, to any industrial /worker compensation injury sustained by an
officer or employee of the indemnifying Member Agency during the performance
of service to the ILJAOC or the other Member Agencies under this Agreement.
5.06 ILJAOC shall employ the principles of sound risk management in its
operations. Risks of loss shall be identified, evaluated, and treated in a manner
that protects the ILJAOC and each Member Agency from adverse financial
consequences. This may be accomplished in part through the purchase of
appropriate commercial insurance.
The Risk Manager, or his/her designee, of one Member Agency shall be
designated by the Board, with the consent of the Member Agency, as the
" ILJAOC Risk Manager" and shall act in an advisory capacity to the ILJAOC
Board to provide guidance in the area of risk management, loss control,
insurance procurement, and claims management. The ILJAOC Risk Manager
will be responsible for maintaining the original insurance policies and other risk
management and insurance documents.
During the term of this Agreement, the ILJAOC shall purchase and
maintain sufficient amounts of commercial insurance coverage at the equally
shared cost to the Member Agencies. The types, limits, retention levels,
deductibles, policy forms, and carriers providing the above required insurance
coverage's shall be recommended by the ILJAOC Risk Manager to the Board for
its approval, consistent with this agreement.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.01 Additional public agencies may become Member Agencies of the
ILJAOC upon such terms and conditions as are determined by the Board and
16
upon the unanimouOnsent of the existing Member Ades as evidenced by
approval of resolutions therefore and the execution of a written amendment to
this Agreement by all of the Member Agencies, including the additional Member
Agency.
6.02 Member Agencies have the right to withdraw from the ILJAOC.
Such withdrawals, either voluntarily or involuntarily shall, unless otherwise
provided for by the Board, be conditioned as follows:
a) Involuntary withdrawal shall mean those circumstances
where a Member Agency must withdraw due to fiscal or
budgetary impact of that Member Agency that results in the
discontinuance of the funding for personnel, services, or
equipment by that Member Agency.
b) In the case of a voluntary withdrawal, written notice shall be
given one hundred eighty (180) days prior to the end of a
fiscal year except that such notice requirement may be
shortened by unanimous approval of a quorum of the Board.
c) Neither voluntary nor involuntary withdrawal shall relieve the
withdrawing Member Agency of its obligations for its
proportionate share of any debts or other liabilities incurred
by the ILJAOC prior to the effective date of the Member
Agency's withdrawal (with the exception of new purchases of
capital equipment after the date of the Member Agency's
notice of withdrawal), nor any liabilities imposed upon or
incurred by the Member Agency pursuant to this Agreement
prior to the effective date of the Member Agency's
withdrawal.
d) The withdrawing Member Agency shall retain all rights and
claims relating to revenues received by the ILJAOC during
the time period that the Member Agency provided personnel,
services, or equipment under the ILJAOC direction.
e) The withdrawing Member Agency shall be entitled to remove
its personnel and any equipment whose title was. not
17
transfet in writing to the ILJAOC from t*ssession and
control of the ILJAOC, regardless of the impact on the
ILJAOC.. or its continued. operation. The withdrawing
Member Agency may also recover any other equipment no
longer needed by the ILJAOC, including equipment it
previously transferred to the ILJAOC, according to the terms
and conditions determined by the Board in its sole discretion
to be fair and equitable. The ILJAOC Board may choose to
exempt a Member Agency from any of the listed conditions,
but may not impose any conditions other than those listed.
VII
TERMINATION AND DISPOSITION OF ASSETS
7.01 The ILJAOC shall continue to exist and exercise the powers herein
until this Agreement is terminated by a vote of two- thirds of the entire Board;
provided, however, that no termination shall be complete and final until the
ILJAOC has satisfactorily disposed of all financial obligations and claims,
distributed all assets, and performed all other functions deemed necessary by
the Board to conclude the affairs of the ILJAOC.
7.02 Termination shall occur upon:
a) The written consent of all Member Agencies; or
b) Upon the withdrawal from the ILJAOC of a sufficient number of the
Member Agencies that results in a lack of effectiveness as
determined by a two- thirds vote of the remaining Board Members;
and
c) Full satisfaction of all outstanding financial obligations of the
ILJAOC; and
d) All other contractual obligations of the ILJAOC have been
satisfied.
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7.03 In th*nt of the termination of this #eement, any funds
remaining following the discharge of all obligations shall be disposed of by
returning to each current Member Agency of the ILJAOC immediately prior to
the termination of this Agreement, a share of such funds proportionate to the
contribution made to the ILJAOC by said Member Agency, to the extent
determined by the Board in its sole discretion to be fair and equitable.
7.04 Notwithstanding any other provisions of the Agreement, the
Member Agencies agree to abide by the following procedure for selling of
equipment in the event the Agreement is terminated. The equipment shall be
given a fair market value by an appraiser agreed upon by the Board. Before the
equipment is sold on the open market, the Member Agencies each shall have
the right to purchase the equipment at a price and under terms as agreed upon
by the Board which may include a financing arrangement for the purchaser to
allow for a transition period after the termination of this Agreement. If an
agreement cannot be reached concerning a purchase of the equipment, then it
shall be sold on the open market. Proceeds from the sale of equipment upon
termination of the Agreement shall be distributed to the Member Agencies in a
manner consistent with the cost - sharing format outlined in Paragraph 4.06 (a),
(b), and (c) of this Agreement, and any modifications to that formula adopted by
the Board.
VIII
MISCELLANEOUS
8.01 Amendments.
This Agreement may be amended with the unanimous approval of all
Member Agencies; provided, however, that no amendment may be made that
would adversely affect the interests of the owners of bonds, letters of credit, or
other financial obligations of the ILJAOC.
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8.02 Notices.
Any notice. or.-instrument. required-to be given or delivered by depositing
the same in any United States Post Office, registered or certified, postage
prepaid, addressed to the Member Agencies, shall be deemed to have been
received by the Member Agency to whom the same is addressed at the
expiration of five (5) days after deposit of the same in the United States Post
Office for transmission by registered or certified mail as aforesaid.
8.03 Effective Date.
This Agreement shall be effective at such time as this Agreement has
been executed by the majority of the voting Member Agencies enumerated in the
introduction of this Agreement.
8.04 Conflicts of Interest.
No official, officer or employee of the ILJAOC or any Member Agency shall
have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such
officer or employee participate in any decision relating to the ILJAOC that affects
his or her financial interests or those of a corporation, partnership, or association
in which he or she is directly or indirectly interested, in violation of any State law
or regulation.
8.05 Mediation
a) Any controversy or claim between any Member Agencies, or
between any such Member Agency or Member Agencies and the
ILJAOC, with respect to the ILJAOC's operations, or to any claims,
disputes, demands, differences, controversies, or
misunderstandings arising under, out of, or in relation to this
Agreement, shall be submitted to and determined by mediation.
b) The Member Agency desiring to initiate mediation shall give
notice of its intention to every other Member Agency and the
ILJAOC. Such notice shall designate such other Member
Agencies as the initiating Member Agency intends to have
bound by any award made therein.
20
c) Each I101ber Agency involved in the mr *ion shall bear
its own legal costs, including attorney fees.
8.06 Partial Invalidity
If any one or more of the terms, provisions, sections, promises, covenants
or conditions of this Agreement shall to any extent be adjudged invalid,
unenforceable or void for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions, sections, promises,
covenants and conditions of this Agreement shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by law.
8.07 Successors
This Agreement shall be binding upon and shall inure to the benefit of the
successors of the Member Agencies hereto.
8.08 Assiqnment
A Member Agency shall not assign any rights or obligations under this
Agreement without the written consent of all other Member Agencies.
8.09 Execution
The Governing Authorities of the Member Agencies enumerated herein
have each authorized execution of this Agreement, as evidenced by the
authorized signatures below, respectively.
8.10. Entire Agreement
This Agreement, supersedes any and all other agreements whether oral or
written, between the parties hereto with respect to the subject matter hereof and
contains all of the covenants and agreements between the parties with respect to
said matter, and each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not
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embodied herein, ar*t any other agreement or modi'lmon of this Agreement
shall be effective only if executed in writing and signed by the IUAOC and all
Member Agencies...'
Dated:
CITY OF:
M-
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk of the City of:
City Attorney
. .. 11/04!02 Version Rev: 08116/05 and 12 -12-05
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