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HomeMy WebLinkAboutCOUNTY OF ORANGE SEX OFFENDERS WEBSITE - 2004-08-021 R MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF Huntington Beach AND THE COUNTY OF ORANGE PERTAINING TO SEX OFFENDER PIN MAP THIS MEMORANDUM OF UNDERSTANDING, hereinafter referred to as "MOU," is entered into this ,V® day of v6u ?- 200 jwhich date is enumerated for purposes of reference only, by and between the CITY OF Huntington Beach , hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to as "SHERIFF," has caused to be made available to the public on the Internet a map, hereinafter referred to as "the pin map," on which is displayed, for the areas where SHERIFF is the primary law enforcement agency, the approximate locations of the residences of sex offenders who have been classified by the California Department of Justice, hereinafter referred to as "DOJ," as "serious" and "high risk" offenders, as those terms are defined in California Penal Code section 290 (m) and (n); and WHEREAS, COUNTY has entered into a COOPERATIVE AGREEMENT with DIGITAL MAP PRODUCTS, hereinafter referred to as DPM, to create and maintain the pin map on DPM's web site, using data supplied by SHERIFF; and 1 of 6 \ zD I WHEREAS, by executing the COOPERATIVE AGREEMENT, CITY also may utilize DPM's services to display on the pin map, for the areas where CITY's police department is the primary law enforcement agency, the approximate locations of the residences of sex offenders who have been classified by DOJ as "serious" and "high risk" offenders; and WHEREAS, COUNTY's Board of Supervisors has authorized SHERIFF to execute, on behalf of COUNTY, MOUs in this format with cities that elect to participate in the pin map program, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COOPERATIVE AGREEMENT/ TERM CITY shall execute the COOPERATIVE AGREEMENT with DPM, and this MOU shall be in effect only during the period when COUNTY, CITY and DPM all are bound by the COOPERATIVE AGREEMENT and are fully performing their obligations thereunder. If the COOPERATIVE AGREEMENT, or the obligations Of COUNTY, CITY or DPM thereunder are terminated, this MOU simultaneously shall terminate. If this MOU or the obligations of CITY, COUNTY or DPM hereunder are terminated, the COOPERATIVE AGREEMENT between CITY and DPM simultaneously shall terminate. 2. OPTIONAL TERMINATION CITY or COUNTY may terminate this MOU at any time and without cause by giving thirty (30) days advance written notice to the other. 3. TERMINATION FOR CAUSE Either party may terminate this MOU immediately and without prior notice upon material breach by the other party of this MOU or the COOPERATIVE AGREEMENT. Notice of such termination for cause shall be given within five (5) days after the effective date of such termination. 223 2 of 6 I 4. DUTIES OF COUNTY a) COUNTY shall provide a link to the pin map on the web site of COUNTY and/or one or more of its departments; b) COUNTY shall abide by the terms and conditions of the COOPERATIVE AGREEMENT. c) COUNTY shall bear all costs associated with maintaining and operating the pin map. 5. DUTIES OF CITY - COOPERATIVE AGREEMENT CITY shall abide by the terms and conditions of the COOPERATWE AGREEMENT. Any breach of the COOPERATIVE AGREEMENT by CITY shall be deemed a breach of this MOU by CITY. 6. DUTIES OF CITY - PIN MAP DATA CITY shall: a. Verify all data before supplying it to DPM for inclusion in the pin map; b. Re -verify and update all data provided to DPM, and supply such updated data to DPM for inclusion in the pin map, at least once in every three month period; C. Use only the computer software supplied by DPM for providing data to DPM for inclusion in the pin map; d. Provide the data to be included in the pin map directly to DPM; e. Provide to DPM only data about sex offenders classified as "high risk" and "serious" by DOJ, as those terms are defined in California Penal Code section 290 (m) and (n); f. Provide to DPM only data from which neither the identity nor precise location of any sex offender can be ascertained; 223 3 of 6 g. In data provided to DPM, indicate, for each offender for whom data is provided, the approximate location of the offender by offsetting the closest outer perimeter of the symbol indicating the offender's location by a minimum of 1,000 feet from the actual location of the sex offender's residence; h. In data provided to DPM, offset the closest outer perimeter of the symbol indicating the offender's location by no less than 1,000 feet and not more than 1,500 feet, unless impracticable, from the actual location of the offender's residence, as necessary to avold identifying a small pool of people as containing a sex offender, i. Bear costs of putting data into a format that can be utilized by DPM, which includes, but may not be limited to, all costs associated with verifying, re -verifying and updating data and all costs associated with inputting data into the software provided to CITY by DPM and transmitting data to DPM. 7. DUTIES OF CITY - CONFIDENTIALITY CITY shall abide by all applicable statutes, regulations and binding court decisions pertaining to the confidentiality of data about sex offenders. 8. DUTIES OF CITY - INDEMNIFICATION a.) COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any responsibility or liability for the accuracy of. data submitted to DPM by CITY, or for ensuring that such data does not identify a small pool of people as containing a sex offender, or for ensuring that the release by CITY to DPM and the public of such data is legally permissible, or for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or 4 of 6 223 independent contractors related to this MOU or the COOPERATIVE AGREEMENT. CITY shall indemnify and hold COUNTY, its officers, agents, employees, subcontractors and independent contractors free and harmless from any claim or liability whatsoever based or asserted upon the accuracy of any data submitted by CITY to DPM, or upon the inclusion in the pin map or publication of such data, or - upon the illegality of the release or publication of such data, or upon any act or omission of CITY, its officers, agents, employees, subcontractors or independent contractors related to this MOU or the COOPERATIVE AGREEMENT, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense, including attorney fees, COUNTY, its officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based upon any such claims. b.) The obligations of CITY set forth above in subsection 8.a) of this MOU shall survive the termination of this MOU and the COOPERATIVE AGREEMENT and shall remain in effect and be fully enforceable by COUNTY until fully performed by CITY. H 5 of 6 223 Im IN WITNESS WHEREOF, the parties have executed the MEMORANDUM OF UNDERSTANDING in the County of Orange, State of California. City Clerk APPROVED AS TO FORM: Benjamin P. de Mayo, County Counsel Orange County, California BY: Deputy DATED: f � DATED: August 2, 2004 CITY OF HUNTINGTON BEACH DATED: August 2, 2004 APPROVED AS TO FORM: . rV Ai rn _ , DATED: 9 1 �IQ O W� 7 `JMA M 6 of 6 Michael S. Ca 223 ¢ jm141r�� CITY OF HUNTINGTON BEACH J1 MEETING DATE: DEPARTMENT ID NUMBER: Council/Agency Meeting Held: Deferred/Continued to: )§,Approved ❑ Conditionally Approved ❑ Denied _ Ci lerk's Si n ture Council Meeting Date: Cw�,v�{� �, �OC� Department ID Number: G G CITY OF HUNTINGTON BEACH / REQUEST FOR ACTION N SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS. Xr ` SUBMITTED BY: DR. PENELOPE CULB�TH-�City Admini&ror � v , PREPARED BY: KENNETH W. SMALL, Chief of Police 0, SUBJECT: Orange County Sex Offenders Pin Map Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The County of Orange requested that the City of Huntington Beach enter into a Memorandum of Understanding to provide the County of Orange with the approximate residence location of registered sex offenders classified as "serious" or "high risk" by the Department of Justice for inclusion in the Orange County Sheriffs web site pin map. Fundinq Source: Not Applicable Recommended Action: Approve the MOU -between the City of Huntington Beach and the County of Orange to provide necessary "serious" and "high risk" sex offender information to the County of Orange for inclusion on the Orange County Sheriff's web site pin map. Alternative Action(s): Do not approve the MOU. The City of Huntington Beach will not participate in the Orange County Sheriff's web site sex offender pin map program. Analysis: In 2002, the Orange County Sheriff's Department introduced a pin map on their web site providing the approximate residence location of "serious" and "high -risk" sex offenders living in Orange County. In May of 2004, the County of Orange and the Orange County Sheriff's Department requested that the City of Huntington Beach provide information on "high risk" and "serious" sex offenders living in Huntington Beach for use on their web site sex offender pin map. Although the pin map provides neither specific addresses of the offenders, nor their identity, it serves as a valuable tool for directing citizens and families to the searchable Megan's law database, accessible at Sheriff's sub -stations and at the Huntington Beach Police Department headquarters. j RCA sex offenders pin map.doc ¢¢ 7/81200410:30 AM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: The County of Orange entered into a cooperative agreement with Digital Map Products (DPM) to create and maintain the pin map on the web site using data supplied by the Orange County Sheriffs Department. By executing the cooperative agreement, the City of Huntington Beach may also use the DPM's services to display on the pin map the approximate location of the residences of sex offenders who have been classified by the Department of Justice as "serious" and "high risk" sex offenders. The City of Huntington Beach may terminate the MOU at any time, without cause, by giving thirty -days (30) notice. The County of Orange shall bear all costs associated with maintaining and operating the pin map. The City of Huntington Beach will verify all data before supplying it to DPM for inclusion in the pin map and will re -verify and update all data at least once every three months. Currently, no "high risk" sex offenders live in Huntington Beach. The police department maintains records for approximately 85 "serious" sex offenders living within the city boundaries. The City of Huntington Beach will provide DPM with the approximate location of the offender between 1000 feet and 1500 feet of their actual residence without providing the address. The City of Huntington Beach will bear the cost of providing the data to DMP in a format they can use with their software. The Police Department does not anticipate any additional budgetary expenses to provide this data to the County of Orange because the data is already filed and routinely updated. The MOU and the Orange County Sheriff's web site pin map program was reviewed and approved by City Attorney, Jennifer McGrath. Environmental Status: Attachment(s): Memorandum of Understanding between the City of Huntington Beach and the County of Orange RCA Author: Captain Dan Johnson RCA sex offenders pin map.doc July 13, 200412:05 PM ATTACHMENT 1 0 11 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF Huntington Beach AND THE COUNTY OF ORANGE PERTAINING TO SEX OFFENDER PIN MAP THIS MEMORANDUM OF UNDERSTANDING, hereinafter referred to as "MOU," is entered into this day of 200, which date is enumerated for purposes of reference only, by and between the CITY OF Huntington Beach , hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to as "SHERIFF," has caused to be made available to the public on the Internet a map, hereinafter referred to as "the pin map," on which is displayed, for the areas where SHERIFF is the primary law enforcement agency, the approximate locations of the residences of sex offenders who have been classified by the California Department of Justice, hereinafter referred to as "DOJ," as "serious" and "high risk" offenders, as those terms are defined in California Penal Code section 290 (m) and (n); and WHEREAS, COUNTY has entered into a COOPERATIVE AGREEMENT with DIGITAL MAP PRODUCTS, hereinafter referred to as DPM, to create and maintain the pin map on DPM's web site, using data supplied by SHERIFF; and 1 of 6 223 0 WHEREAS, by executing the COOPERATIVE AGREEMENT, CITY also may utilize DPM's services to display on the pin map, for the areas where CITY's police department is the primary law enforcement agency, the approximate locations of the residences of sex offenders who have been classified by DOJ as "serious" and "high risk" offenders; and WHEREAS, COUNTY's Board of Supervisors has authorized SHERIFF to execute, on behalf of COUNTY, MOUs in this format with cities that elect to participate in the pin map program, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 'I. COOPERATIVE AGREEMENT/ TERM CITY shall execute the COOPERATIVE AGREEMENT with DPM, and this MOU shall be in effect only during the period when COUNTY, CITY and DPM all are bound by the COOPERATIVE AGREEMENT and are fully performing their obligations thereunder. If the COOPERATIVE AGREEMENT, or the obligations of COUNTY, CITY or DPM thereunder are terminated, this MOU simultaneously shall terminate. If this MOU or the obligations of CITY. COUNTY or DPM hereunder are terminated, the COOPERATIVE AGREEMENT between CITY and DPM simultaneously shall terminate. 2. OPTIONAL TERMINATION CITY or COUNTY may terminate this MOU at any time and without cause by giving thirty (30) days advance written notice to the other. 3. TERMINATION FOR CAUSE Either party may terminate this MOU immediately and without prior notice upon material breach by the other party of this MOU or the COOPERATIVE AGREEMENT. Notice of such termination for cause shall be given within five (5) days after the effective date of such termination. 2 of 6 223 4. DUTIES OF COUNTY a) COUNTY shall provide a link to the pin map on the web site of COUNTY and/or one or more of its departments; b) COUNTY shall abide by the terms and conditions of the COOPERATIVE AGREEMENT. c) COUNTY shall bear all costs associated with maintaining and operating the pin map. 5. DUTIES OF CITY - COOPERATIVE AGREEMENT CITY shall abide by the terms and conditions of the COOPERATIVE AGREEMENT. Any breach of the COOPERATIVE AGREEMENT by CITY shall be deemed a breach of this MOU by CITY. 6. DUTIES OF CITY - PIN MAP DATA CITY shall: a. Verify all data before supplying it to DPM for inclusion in the pin map; b. Re -verify and update all data provided to DPM, and supply such updated data to DPM for inclusion in the pin map, at least once in every three month period; C. Use only the computer software supplied by DPM for providing data to DPM for inclusion in the pin map; d. Provide the data to be included in the pin map directly to DPM; e. Provide to DPM only data about sex offenders classified as "high risk" and "serious" by DOJ, as those terms are defined in California Penal Code section 290 (m) and (n); f. Provide to DPM only data from which neither the identity nor precise location of any sex offender can be ascertained; 3 of 6 223 g. In data provided to DPM, indicate, for each offender for whom data is provided, the approximate location of the offender by offsetting the closest outer perimeter of the symbol indicating the offender's location by a minimum of 1,000 feet from the actual location of the sex offender's residence; h. In data provided to DPM, offset the closest outer perimeter of the symbol indicating the offender's location by no less than 1,000 feet and not more than 1,500 feet, unless impracticable, from the actual location of the offender's residence, as necessary to avoid identifying a small pool of people as containing a sex offender; i. Bear costs of putting data into a format that can be utilized by DPM, which includes, but may not be limited to, all costs associated with verifying, re -verifying and updating data and all costs associated with inputting data into the software provided to CITY by DPM and transmitting data to DPM. 7. DUTIES OF CITY - CONFIDENTIALITY CITY shall abide by all applicable statutes, regulations and binding court decisions pertaining to the confidentiality of data about sex offenders. 8. DUTIES OF CITY - INDEMNIFICATION a.) COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any responsibility or liability for the accuracy of data submitted to DPM by CITY, or for ensuring that such data does not identify a small pool of people as containing a sex offender, or for ensuring that the release by CITY to DPM and the public of such data is legally permissible, or for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or 4 of 6 223 independent contractors related to this MOU or the COOPERATIVE AGREEMENT. CITY shall indemnify and hold COUNTY, its officers, agents, employees, subcontractors and independent contractors free and harmless from any claim or liability whatsoever based or asserted upon the accuracy of any data submitted by CITY to OPM, or upon the inclusion in the pin map or publication of such data, or upon the illegality of the release or publication of such data, or upon any act or omission of CITY, its officers, agents, employees, subcontractors o; independent contractors related to this MOU or the COOPERATIVE AGREEMENT, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense, including attorney fees, COUNTY, its officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based upon any such claims. b.) The obligations of CITY set forth above in subsection 8.a) of this MOU shall survive the termination of this MOU and the COOPERATIVE AGREEMENT and shall remain in effect and be fully enforceable by COUNTY until fully performed by CITY. 11 11 11 11 Il 1/ 11 11 5 of 223 0 0 f IN WITNESS WHEREOF, the parties have executed the MEMORANDUM OF UNDERSTANDING in the County of Orange, State of California. APPROVED AS TO FORM: Benjamin P. de Mayo, County Counsel Orange County, California BY: Deputy DATED: DATED: August 2, 2004 CITY OF HUNTINGTON BEACH BY: PAA C4 � � OMa&pr DATED: August 2, 2004 APPROVED AS TO FORM: VpI� +•Id C Attorney DATED: COUNTY OF ORANGE BY: Michael S. Carona Sheriff -Coroner 223 6 of 6 RCA ROUTING SHEET INITIATING DEPARTMENT: Police SUBJECT: Adopt MOU between the City of Huntington Beach and the County of Orange Pertaining to a Sex offender pin map. COUNCIL MEETING DATE: August 2, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR R ED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Captain Dan Johnson