HomeMy WebLinkAboutOrange County Intergrated Law and Justice Agency (ILJ) (ILJAOC) - 2006-03-06 (2) Dept. ID PD-14-012 Page 1 of 3
Meeting Date: 10/6/2014
} CITY OF HUNTINGTON REACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/6/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
SUBJECT: Approve adding a new Member to the Integrated Law & Justice Agency for
Orange County (ILJAOC), and authorize execution to related Amendment for
existing Joint Powers Authority (JPA) Governance Agreement
Statement of Issue:
The City, on behalf of the Police Department, is a Member Agency of the Integrated Law & Justice
Agency for Orange County (ILJAOC), a Joint Powers Authority. The ILJAOC Governing Board is
modifying the initial 2006 JPA Governance Document to assist in the overall management of the
ILJAOC business process. The ILJAOC Governing Board is also asking Member Agencies to
approve California State University, Fullerton as a new member to the JPA. The City Council is
being asked to approve the JPA Governance Document and approve California State University,
Fullerton as a new Member Agency.
Financial Impact:
There is no fiscal impact to the City.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the recommended amendment to
the Governance Document, "Restated and Amended Joint Powers Agreement for Integrated
Law& Justice Agency for Orange County (ILJAOC)" Joint Powers Authority; and,
B) Approve the addition of California State University, Fullerton, on behalf of their Police
Department, as a new Member of the ILJAOC; and,
C) Direct the City Clerk to provide a minute order to the ILJAOC Recording Secretary confirming
the City Council's action.
Alternative Action(s):
Do not approve the addition of California State University, Fullerton, on behalf of their Police
Department, as a new Member of the Integrated Law & Justice Agency for Orange County; and do
not approve the recommended amendments to the Governance Document of the ILJAOC Joint
Powers Authority and direct staff accordingly.
Analysis:
Since June 2006, our City, on behalf of the Police Department, has been a Member Agency of the
Integrated Law & Justice Agency for Orange County (ILJAOC), a Joint Powers Authority. The JPA
currently has 24 Members, representing each City that has a municipal police department, as well
as the County of Orange. The Member Agencies also include the Superior Court of Orange County
and the University of California at Irvine, on behalf of their Police Department. The JPA was formed
to allow criminal justice agencies in Orange County to jointly address new technology projects on a
Item 13. - 1
Dept. ID PD-14-012 Page 2 of 3
Meeting Date: 10/6/2014
regional basis, as well as improve business processes affecting the efficiency of the criminal justice
system in Orange County. It has the authority to move the represented agencies forward
collectively on issues that would be impractical to accomplish on an agency by agency basis.
The work of the Agency is directed by a 16 Member Governance Board comprised of six Police
Chiefs selected by the Orange County Chiefs and Sheriffs Association (with a seventh serving as
an alternate for any of the six who are unable to attend a regular meeting); three City Managers,
who are selected by the Orange County City Managers Association; the Presiding Judge and the
Chief Executive Officer of the Superior Court; the Sheriff, the District Attorney, the Chief Probation
Officer and the Public Defender; in addition to a Representative from the County Executive's Office.
The only employees of the Agency are a part-time executive, a part-time director and a part-time
recording secretary.
Accomplishments of the JPA include:
1. Establishment of a regional criminal data-sharing system incorporating data from every
municipal and county law enforcement agency and court system in Orange County. As well as
contributors from five western states.
2. Single electronic scheduling platform that serves all municipal and county law enforcement
agencies, with an interface to the District Attorney's Office and the Court to perform scheduling
of court cases.
3. Conversion of DA's Office subpoenas and court notices to an electronic notification system sent
directly to the law enforcement witnesses.
4. Electronic completion of Probable Cause Declarations.
5. Successful completion of an electronic citation pilot project.
6. Process of rolling-out Electronic Citations to additional agencies.
Recently, the ILJAOC was asked by California State University, Fullerton (CSUF) to consider their
request for full Membership in the ILJAOC on behalf of their Police Department. The current JPA
governance requires that any addition in membership necessitates the concurrence of all the
legislative bodies of the existing 24 Member Agencies. As a result of the CSUF request, it also
seemed like an appropriate opportunity to review the JPA Governance Document and suggest
reasonable modifications that will assist in the overall management of the ILJAOC business
process, since the original JPA Agreement was executed in June 2006, some eight years ago.
Based upon the unanimous vote of the 16 Member ILJAOC Governing Board, direction was given
to bring back a complete review of the JPA language, with appropriate recommendations to improve
the Board's ability to govern the Agency's work. After review by the Agency's legal counsel the
changes were unanimously approved, and staff was directed to seek formal approval from existing
Member Agencies to include CSUF as a Member Agency and also approve the amended language
in the revised JPA document.
The recommended changes to the JPA document include:
1. Allow the Governing Board, on a unanimous approval of all the Member Agencies' Voting
Members, to approve the addition of a new Member Agency as long as there are no projected
cost increases contemplated by the vote for existing Member Agencies. If so, the action would
require legislative approval by the existing Members, as is the current process.
2. Various minor language clean-ups that improve the readability of the document.
3. Slight adjustment made in Member Agency rates to more closely align those agencies with rates
paid by other similar sized departments in Orange County.
4. Minor adjustment in the Treasurer's reporting requirements from monthly to quarterly, to reflect
the low month to month financial activity of the Agency.
5. Adjustments to the Indemnification language primarily focused on issues surrounding entering
into intergovernmental agreements to share critical information. The changes give more
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Meeting Date: 10/6/2014
authority to the Governing Board to enter into agreements, with the approval of the Agency's
Legal Counsel, and;
- A finding that the risk of entering into such an agreement is outweighed by the benefit
obtained
- A determination by the ILJAOC's Risk Manager that insurance provisions applicable to the
agreement are adequate given the specific risks presented
6. Language included to clarify the qualifications and experience of candidates approved to serve
as Risk Manager for the Agency.
In summary, the recommended actions will serve to strengthen the law enforcement community in
Orange County by including the California State University, Fullerton Police Department as part of
the ILJAOC. The recommended amendments in the JPA Agreement, will also improve the
Governing Board's ability to direct the Agency's work on behalf of all the Member Agencies.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. "Restated and Amended Joint Powers Agreement for Integrated Law& Justice Agency for
Orange County (ILJAOC)"
Hill --),�9- Item 13. - 3
RESTATED AND AMENDED JOINT POWERS AGREEMENT
FOR
INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY
(ILJAOC)
This Amended Joint Powers Agreement (Agreement) is made and entered
into by and between the listed cities, other entities, and County of Orange listed
below, collectively referred to as "Member Agencies." This Agreement is dated
2014 for reference purposes.
Member Agencies
Anaheim Fountain Valley La Palma Santa Ana
Brea Fullerton Laguna Beach Seal Beach
Buena Park Garden Grove Los Alamitos Superior Court of CA, County of Orange
Costa Mesa Huntington Beach Newport Beach Tustin
County of Orange Irvine Orange Westminster
Cypress La Habra Placentia University of CA, Irvine Police Department
California State University Fullerton Police Department
RECITALS
WHEREAS, the Member Agencies entered into an Agreement entitled "Joint
Powers Agreement For Integrated Law & Justice Agency For Orange County"
dated as of,/Yg ',. to create the Integrated Law and Justice Agency for
Orange County; and
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WHEREAS, the Member Agencies desire to restate and amend said Joint
Powers Agreement; and
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
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.
WHEREAS, the Member Agencies anticipate that from time to time it may
be necessary to amend this Agreement and/or consider adding new Member
Agencies,
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows:
I
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.
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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.
1.03 Each Member Agency expressly retains all rights 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. Nothing in this Agreement shall be construed to require a Member
Agency (i) to disclose any information that the Member Agency determines, in its
sole discretion, it does not have the ability or authority to disclose, or (ii) to do any
act that the Member Agency determines, in its sole discretion, is contrary to law or
public policy.
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.
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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 & Sheriff's Association in April 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
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 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
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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 approved by the ILJAOC Governing 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 ILJAOC.
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. Notwithstanding
anything to the contrary herein, a Member Agency shall have no obligation to seek
approval from the ILJAOC for any modification to that Member Agency's internal
systems or processes that is mandated by the State, or by any law or regulation
governing the affected Member Agency.
1.07 In gathering and sharing information, and in all other respects in
performing acts related to this Agreement, the parties will comply with all applicable
laws, rules, and regulations.
I I
CREATION OF THE INTEGRATED LAW & JUSTICE AGENCY FOR 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 for 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:
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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 in accordance with the terms of this
Agreement.
g) To execute agreements and resolutions consistent with the
terms of this Agreement.
h) To appoint/hire officers, employees, and/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/Controller 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. The Member Agency's Treasurer/Controller
appointed by the Governing Board shall serve a minimum three-year term at the
discretion of the Board, so as to minimize any disruptions in carrying out his/her
responsibilities.
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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 its debts, obligations, and
liabilities shall be its own and not that of the Member Agencies, except as
specifically provided for herein.
III
ORGANIZATION
3.01 The membership of the ILJAOC shall be the original Member
Agencies, and any additional Agencies whose admission is unanimously approved,
in accordance with the terms of this Agreement, by the ILJAOC Governing Board or
the then-existing Member Agencies, excluding any Member Agencies that have
withdrawn from the ILJAOC.
3.02 The ILJAOC shall be governed by a voting Board consisting of six (6)
Member 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 Police Departments. In addition to the Police Chief
representatives, other voting members of the Board will be the Sheriff, the District
Attorney, the Chief Probation Officer, the Public Defender, one (1) representative
from the Orange County Executive's Office, who will serve at the County of Orange
CEO's pleasure, the Presiding Judge of the Orange County Superior Court, the
Chief Executive Officer of the Orange County Superior Court, and three (3) City
Manager representatives, who shall be elected for a minimum of three-year terms
by the Orange County City Managers Association, with at least one (1) of those City
Manager 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 Member's discretion. All Board Members may be removed with or without
cause by their respective appointing authorities.
3.03 Each voting Board member shall hold office until a successor is
selected, elected, hired or appointed 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 be
filled by selection, election, or appointment 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 they 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 their
respective 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 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.
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Brown Act, Chapter 9, Division 2, Title 5 of the California 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 voting Board Member shall be entitled to one (1) vote. Except as otherwise
provided herein, a majority of the full voting 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, in which case a two-thirds majority of
the entire voting 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.
3.09 The Board may adopt policies, rules, and regulations for the conduct
of its administrative affairs and that of the ILJAOC as may be required and that are
consistent with this Agreement.
3.10 Where this Agreement requires an approval of a resolution or
ordinance 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
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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.
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 shall not be considered 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
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the ILJAOC may be rotated no less than annually; however, preferably for a term
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.
3.15 The officers of the ILJAOC Board shall perform all duties customary
and appropriate to their respective offices and:
a) After approval by the ILJAOC Board, the Board Chair 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 this Agreement.
3.16 The Board may appoint an Executive Director by contract or
otherwise to oversee day-to-day operations of the ILJAOC. The Executive
Director 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
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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.
1V
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 Executive Director. 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,
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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 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 the original ILJAOC Joint Powers
Agreement was 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 this Section 4.06 shall be shared as follows:
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a) Member Agencies with Municipal Police Departments and the
Orange County Sheriff's Department, which serves the
unincorporated area of the County as well as their "contract cities,"
shall be determined on a per capita served basis, with the
combined total amount not to exceed 80% of total costs.
b) County of Orange; an amount not to exceed 15% of total costs.
c) The Superior Court of California, County of Orange; an amount not
to exceed 5% of total costs.
d) The University of California Police Department; an amount not to
exceed 0.75% of total costs.
e) California State University, Fullerton Police Department, an amount
not to exceed 0.75% of total costs.
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 Executive Director or other
designated representatives 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 ILJAOC's Budget
and/or projected costs to Member Agencies.
4.09 In establishing rates for services to non-Member Agency 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, or no less frequently than on a quarterly basis
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(unless paid in advance) to the Treasurer/Controller of the ILJAOC. The
Treasurer/Controller shall provide a written quarterly 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.
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 of this Agreement, 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
15
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.
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. In addition, and
without limiting the foregoing indemnification obligation, except as provided in
Section 5.04, 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 from the ILJOAC 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
16
proportionate share of liability on a comparative fault basis. The contract shall
also provide that: 1) 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. Notwithstanding the foregoing, in situations where a non-Member
Agency lacks the authority to enter into an agreement containing the specific
terms specified above in this Section 5.04, the ILJAOC may enter into an
agreement without such terms (or including only some of those terms) only after
(1) a finding by and affirmative vote of a two-thirds majority of all voting Board
members, or their alternates, that the risk of entering into such an agreement is
outweighed by the benefit to be obtained by entering into the agreement, and (2)
a determination by the ILJAOC's Risk Manager that insurance provisions
applicable to the agreement are adequate given the specific risks presented.
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
17
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. Should a Member Agency
Risk Manager not be available to serve the ILJAOC, the Board may designate
someone who has comparable experience to serve in that capacity. 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
upon the unanimous consent of the ILJAOC Governing Board, so long as such
addition(s) are not projected to increase costs to existing Member Agencies.
Upon approval by the ILJAOC Governing Board, a written amendment to this
Agreement shall be executed by all of the existing Member Agencies, as well as
the additional Member Agency. Should increased costs to existing Member
Agencies be anticipated due to the addition of a new public agency, unanimous
approval must be received from the governing bodies of the existing Member
18
Agencies, as evidenced by approval of resolutions 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 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 or reduction 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 (i) by unanimous approval of the Board members
present at the meeting at which the Board considers
shortening the notice requirement, or (ii) upon breach of this
Agreement by the ILJAOC or any Member Agency, in which
case the withdrawing Member Agency may withdraw
effective at any time.
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.
19
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,
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
20
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 this Agreement, the
Member Agencies agree to abide by the following procedure for selling of
equipment in the event this 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.
21
Vill
MISCELLANEOUS
8.01 Amendments.
Except as otherwise specified in this Agreement, 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 majority of the voting Member Agencies enumerated in the
introduction of this Amended 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.
22
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.
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.
23
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, and that 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: /,3 20✓yam CITY OF: Hunti ngto n Beach
By:
Mayor
ATTE APPROVED AS TO FORM:
Clerk of t City of: Hunti n on Beach
City Attorney
0� OAK
24
City ® f Huntington Beach
200o Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
` Joan L. Flynn, City Clerk
STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
****Indicates Portions of the Meeting not Included in the Statement of Action
4:00 P.M. Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington.Beach, California 92648
Monday, October 6, 2014
The regular meeting of the City Council and the Public Financing Authority of the City of
Huntington Beach was called to order at 4:05 p.m.
City Council/Public Financing Authority Roll Call
Present: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
6:00 P.M. — Reconvene City Council/Public Financing Authority Meeting
City Council/Public Financing Authority Roll Call
Present: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
13. Approve adding a new member to the Integrated Law& Justice
Agency for Orange County (ILJAOC), and authorize execution to related
Amendment for existing Joint Powers Authority (JPA) Governance
Agreement
Recommended Action: Motion to:
A) Approve and authorize the Mayor and City Clerk to execute the
recommended amendment to the Governance Document, "Restated and
Amended Joint Powers Agreement for Integrated Law & Justice Agency for
Orange County (ILJAOC)" Joint Powers Authority; and,
B) Approve the addition of California State University, Fullerton, on behalf of
their Police Department, as a new Member of the ILJAOC; and,
Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand
C) Direct the City Clerk to provide a minute order to the ILJAOC Recording
Secretary confirming the City Council's action.
Approved 7-0
Adjournment—City Council/Public Financing Authority
Mayor Harper adjourned the regular meetings of the City Council and the Public
Financing Authority of the City of Huntington Beach to Monday, October 20, 2014, at
4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City erk and e -officio rk of
the ity Council of the City of
Huntington Beach and Clerk of the
Public Financing Authority of the
City of Huntington Beach,
California
ATTEST:
e
4ri , erk Mayor
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, Joan L. Flynn, the duly elected City Clerk of the City of Huntington Beach, California,
do hereby certify that the above and foregoing is a true and correct Statement of Action
of the City Council of said City at their regular meeting held on October 6, 2014.
Witness my hand and seal of the said City of Huntington Beach this 14th day of October
2014.
City ClOk and ex-officio Cle of
the City Council of the City of
Huntington Beach and Clerk of the
Public Financing'Authority of the
City of Huntington Beach, California
B :
Senior De u7ity CI k
City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clem
Joan L. Flynn, City Cleric
October 15, 2014
Integrated Law&Justice Agency for Orange County
ATTN: Jennifer Manzella
P. 0. Box 12211
Newport Beach, CA 92658
Dear Ms. Manzella
Enclosed please find a Statement of Action of the City Council of the City of Huntington
Beach from the meeting of Monday, October 6, 2014 approving the addition of a new
member to the ILJAOC and authorizing execution of an amendment to the existing Joint
Powers Agreement.
Sincerely,
a
Joan L. Flynn
City Clerk
JF:pe
Enclosure
Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand
J �
RECEIVED
Council/Agency Meeting Held h D - ,r r , t ih D
Deferred/Continued to GI1 '
e r �
3GT N 1: EACH
Approved ❑ Conditionally Approved ❑ Denied
City C rk s Si nature
Council Meeting Date March 6 2006 Department ID Number PD-06 003
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MFEMBERS
SUBMITTED BY DR PENELOPE CULL ETH-GRAFT C CITVA INISTRATOR
r
PREPARED BY Kenneth W Small Chief of Police
SUBJECT Proposed Joint Powers Authority—Integrated Law and Justice Agency
Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status
Attachment(s)
Statement of Issue Approval of a Joint Powers Agreement (JPA) establishing a form of
governance over the on-going operation of the Integrated Law and Justice Project (ILJ)
Approval to authorize the City Administrator and/or the Police Chief to execute any related
documents consistent with the implementation of this agreement
Ratification of the COPLINK System Use Policy specifically authorizing the Chief of Police to
execute the document and any amendments on behalf of the City
Funding Source Not Applicable
Recommended Action Motion to y
1 Approve the attached Resolution 2006- / (Attachment 1) A Resolution of the
City of Huntington Beach Approving Participation In And Partial Funding of The
Integrated Law And Justice Agency For Orange County
2 Authorize the Mayor to execute the Joint Powers Agreement (JPA) (Attachment 2)
associated with the City's participation and authorize the City Administrator and/or
Police Chief to execute any related documents consistent with the implementation of
this Agreement and
2/21/2006 2 26 PM
REQUEST FOR ACTION
MEETING DATE March 6, 2006 DEPARTMENT ID NUMBER PD-06-003
3 Ratify the COPLINK System Use Policy (Attachment 3) specifically authorizing the
Chief of Ponce to execute the document and any amendments on behalf of the City
Alternative Action(s)
1 Do not approve the attached resolution and direct staff accordingly
2 Do not authorize the Mayor to execute the Joint Powers Agreement (JPA) and direct
staff accordingly
3 Do not ratify the COPLINK System Use Policy and direct staff accordingly
Analysis
As a result of many identified inefficiencies in the Criminal Justice System in Orange County
a steering committee was formed in 1997 and a project known as the Integrated Law and
Justice Protect was begun
The Steering Committee developed a Memorandum of Agreement (Attachment 4) 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
A Strategic Plan ( Plan ) for the protect was developed with the assistance of a consulting
firm The Strategic Plan examined all components of the Criminal Justice System in the
County 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 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
x
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 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
s
1n 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 Federal funds with another
i
2 2/21/2006 2 26 PM
REQUEST FOR ACTION '
MEETING DATE March 6, 2006 DEPARTMENT ID NUMBER PD-06-003
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 I 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
Project representatives were asked 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 by the City Managers Association We enlisted the assistance of the
Projects consultant to attempt to identify the worst-case scenario Attached is that report
(Attachment 5) 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
We are not currently requesting any funding related to our participation in the ILJ Project At
some point in the future when actual costs become known it is our intention to return to the
council with an appropriate funding request and seek further direction
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
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
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 started with two primary governance alternatives neither of which poses significant costs
to their creation although the JPA results in slightly higher overhead
3 2/21/2006 2 26 PM
REQUEST FOR ACTION
MEETING DATE March 6, 2006 DEPARTMENT ID NUMBER PD-06-003
• 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
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
On September 7 2005 a presentation was made to the Orange County City Managers
Association (OCCMA) as a follow up to the attached letter (Attachment 6) signed by every
Chief of Police in the County the District Attorney and the Presiding Judge of the Superior
Court
On November 2 2005 the OCCMA again deliberated on the issue and those City
Managers/Administrators 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 Attachment 7
Attached is a tentatively executed COPLINK System Use Policy (Attachment 3) 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
I 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 the execution of the related COPLINK
System Use Policy
Environmental Status Not applicable
4 2/21/2006 2 26 PM
REQUEST FOR ACTION
MEETING DATE March 6, 2006 DEPARTMENT ID NUMBER PD-06-003
AttachmentsCity Clerk's
Page Number • Description
1 Resolution 2006 "a Aperoving Participation in ILJAOC
2 Joint Powers Agreement for (ILJAOC)
3 COPLINK System Use Policy dated November 4 2005
4 Orange County Law and Justice System Memorandum of Agreement
5 Deloitte Cost Estimate Report
6 Letter from O C Chiefs and Sheriff s Association to O C C M A dated
August 22 2005
7 Letter from O C C M A dated November 14 2005
5 2/21/2006 2 26 PM
ATTAC H M E N T #
1
RESOLUTION NO 2 0 Q 6-0 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING PARTICIPATION M AND
PARTIAL FUNDING OF THE INTEGRATED LAW AND JUSTICE
AGENCY FOR ORANGE COUNTY
WHEREAS the City of Huntington 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 terms of the Joint
Powers Agreement( JPA ) and
The City of Huntington 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
The City of Huntington 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
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
The City of Huntington 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
Huntington Beach pursuant to this authority hereby approves the funding on a shared basis of
the Integrated Law and Justice Agency for Orange County operations as specified in the Joint
Powers Agreement as hereinafter executed
BE IT FURTHER RESOLVED that the City Administrator or her designee is hereby
authorized to take the necessary steps to effectuate the organization and establishment of the
Joint Powers Agreement for the Integrated Law and Justice Agency for Orange County
05reso/integrated law
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the Gt h day of March 200_6_
Mayor
REVIEWED AND APPROVED APPROVED AS TO FORM
ity AdrrAmstrator ty Attorney /
INITIATED AND APPROVED
-oil
Chief of Pohce
05MO/1.1tegrawd eaw
Res No 2006-9
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I JOAN L FLYNN the duly elected qualified City Clerk of the
City of Huntington Beach and ex-officio Clerk of the City Council of said City
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 6th day of
March, 2006 by the following vote
AYES Bohr Green Coerper Sullivan Hardy Hansen Cook
NOES None
ABSENT None
ABSTAIN None
C Clerk and ex-office Jerk of the
City Council of the City of
Huntington Beach California
ATTACHMENT # 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 11qMeyq 6 2006 for reference purposes
Member Agencies
Anaheim Fountain Valley La Palma Santa Ana
Brea Fullerton Laguna Beach Seal Beach
Buena Park Garden Grove Los Alamitos Superior Court of CA
County of Orange
Costa Mesa Huntington Beach Newport Beach Tustin
County of Orange Irvine Orange Westminster
Cypress La Habra Placentia
RECITALS
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
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
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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
I
PURPOSE
101 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
without their consent and full cost reimbursement from other Member Agencies or
other revenue sources
1 03 Each Member Agency expressly retains all rights and powers to use
other funds or funding sources to finance plan develop construct equip maintain
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repair, manage operate and control equipment and facilities for their information
services
104 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 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
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
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Integrated Law & Justice System through the information sharing
which will result from that collaborative effort
105 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
Il
CREATION OF THE INTEGRATED LAW &
JUSTICE AGENCY OF ORANGE COUNTY
201 By this Agreement the Member Agencies hereby create a separate
legal entity to be known as the Integrated Law & Justice.Agency of Orange CountX
( 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
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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 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
s
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
III
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
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 Executives Office who will serve at the CEOs 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
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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
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 California 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 alternate present at a
t
E
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
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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
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
311 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 Boards
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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 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
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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 12 402 403 404 4 05 409 4 10 and 4 11
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
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IV
BUDGET AND DISBURSEMENTS
401 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 Treasure rlController 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
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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
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 Sheriff s
Department as determined on a per capita basis = 80%
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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
I LJAOC 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 1LJAOC 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
410 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
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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
411 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 Lability 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 Agencys 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
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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
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
attorneys 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 workers 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 1LJAOC 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 attorneys 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
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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 nonce 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
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d) The withdrawing Member Agency shall retain all rights and
i 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
Vll
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
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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 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
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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
m x 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
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
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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
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
21
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 and that 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 CITY OF HUNTINGTON BEACH
a municipal corporation of the State of California
By
Mayor ,
City lerk
A ROVED AS TO FORM
ty Attorney U okw t-, �
INITI TED AND APPROVED
Chief of Police
REVIEWED AND APPROVED
City Admi trator
11/04/02 Version Rev 08/16/05
22
ATTACHMENT # 3
RMS 1 CMS Information Sharing
COPLINK System Use Policy
101412005
I OVERVIEW OF THIS POLICY
a Background The goal of the RMSICMS 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
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e Agency Withdrawal An agency may withdraw their participation in COPLINK
at any time by providing written notice to OCILJ 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 Sharing Information contributed by each agency
small 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 employees 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 attorneys 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
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1111512005
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 attorneys 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
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1111512005
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 Logins 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
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1111512005
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 Internal 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 i
data
t
Page 5 of 11
E
RMS i CMS information Sharing
Scope Change Request Form
1111512005
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
s
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 l
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 i
may propose other changes to this policy Such proposals require the I
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 j
concerning access shall be determined by a two-thirds majority vote of the '
OCILJ Steering Committee
X SIGN OFF ON EXECUTION OF POLICY i
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
101412005
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101412005
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Page 11of1 �
ATTACHMENT # 4
ORANGF C OUN I`Y CHIEF`' & `;I ILR11-1 S ASSOC,IA riON
LAW & JUSTICL COMMITTEE
I �£ �I
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
1 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
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 committees 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-term 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
15 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
Revised 813199
17 Amend this agreement as necessary to accomplish the goal of more fully
integrating the automation and processes which serve the Orange County
Ciiminal 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
Chairs 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 Attorneys 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 Chief s & 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 - i �
Act rig Chief Roger Baker
Brea Police Department / -1 4��
Chief i�llLenti
Buena Park Police Department if►'� r
Chi f Richard Tefank
Costa Mesa Police Department
Chi Dav nowden
3 Revi-ed 8 3/99
Cypress Police Department _ � d, —r- _
laf J j nsley
Fountain Valley Police Department ��=
Chie fvin ial�
Fullerton Police Department �� �9�,-efl
Patnck McKinl y
Garden Grove Police Department
C-hp , eph P isar
Hunt n ton Beach Police Department -,.j'`�^: '
f Ron Yo� enberg
Irvine POice Department
Chief harles robeck
La Habra Police Department
C I en 5�leS
La Palma Police Department _ e �
Chief II nI�Gmpa
Laguna Beach Police Department
f am Spreine
Los Alamitos Poke Department
Interim Chief irk PcCrary
Newport Beach Police Department
Chief B b c onell
9
Orange County City Manager s Association
City Manager David RL,dat r
City of Grange
Orange County City Manager s Association
Assistant City Manager Tim O Donnell
City of Brea
f�—
Orange County District Attorney s Off ce wl�7-411 -
Distri Attorney ny Rackauckas
0~a,i;e CoulLj \ec-time Oft�Le µ�
Leo Cray iord Assistant CEO
1rrtonianot & rechnology
4 geucsad 813 93
Orange County Marshals Department
r ���tr al��Fr,,,ggg��ler
d
Orange Coun y Probation Department l :
Chief P Ofcr Michael Schumacher
Orange COLInty Public Defenders Office
DDIHolrA
Oran e Count Sher f s De artment g Y p -�f-MTf<-e Carona
Orange County Superior Court _ ,
M:mt
em..
Orange County Superior Court
Executive Officer Alan -)inter
Orange Police Department
Chief Andy komero
Placentia Police Department
Chief Dary omann
I J
Santa Ana Police Department c �
Chie`T f Paul Walters
Seal Boach Police Department
Chief Michael Sellers
Tustin Police Decartrnent
Chi ef S eve Foste�
Westminster Police Department _
C Ief James Coo —
1,
i�
5 Re%ised 8/199
e
ATTACHMENT # 5
Deloitte. Deloitte Consulting LLP
2868 Prospect Park Drive
Suite 400
Rancho Cordova CA 95670
October 21 2005 USA
Tel +1 916 288 3100
Fax +1 916 288 3131
www deloitte corn
Mr Tim O Donnell
City Manager
City of Brea
I Civic Center Circle
Brea CA 92821
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 Integrated Justice
JPA fhe costs are made up of two broad categories 1 he 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 have been deployed (COPLINK the subpoena delivery system and the
scheduling system)
The costs are still preliminary and therefore we have attempted to put together a very conservative
budget to indicate what the costs would be 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 significant issue faced in developing the
costs is the level of participation by the County agencies the Sheriff s Department and the Sheriff s
contract cities The following table therefore outlines a worst case scenario (from a cost sharing
perspective) where the County the Sheriff's Department and the contract cities do not participate
Cost
Agency 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 Valle 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% $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
Member of
Deloitte Touche Tohmatsu
Mr Tim O Donnell
October 21 2005
Page 2
Cost
Agency 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% $18 000 $28 000 $50 000 $50 000 $50 000
Westminster 3 7% $24 000 $37 000 $65 000 $65 000 $65 000
Total 100 0% $641 006 $989 007 $1 761 008 $1 761 009 $1 761 010
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
.TPA 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
r 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 rattier than
having a permanent staff and this approach is certainly logical for a number of reasons We believe
strongly that this is an important function The personnel would provide important services including
day to day 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
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 OCILJ systems
The system specific costs are presented in the table below
Hardware
Annual Periodic Refresh
System Maintenance Maintenance Enhancements Reserve
COPLINK $300 000 $300 000 $75 000
Subpoena Delivery 1 $60 000 $60 000 $15 000
Scheduling $180 000 $180 000 $45 000
Network Infrastructure $30 000 $30 000 $7 500
Data Center Infrastructure $20 000 $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 b years
N 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
Operations
and Hardware Total
Year Maintenance Enhancements Refresh 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 50❑ $1 747 500
2009 $1 010 000 $590 000 $147 500 $1 747 500
2010 $1 010 000 $590 000 $147 500 1 $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
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
Table 1
Cost Distribution without County Participation
Cast
Agency 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 1 $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% $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
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 M 000 $18 000
Tustin 2 8% $18 000 $28 000 $50 000 $50 000 $50 000
Westminster 3 7% $24 000 $37 000 $65 000 $65 000 $65 000
Total 100 0% $641 006 $989 007 $1 761 008 $1 761 009 $1 761 010
Table 2
Cost Distribution with County Participation
Cost
Agency 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 $88 000 $88 000
Anaheim 9 0% $57 000 $89 000 $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 $15 000 $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% $30 000 $47 000 $83 000 $83 000 $83 000
La Habra 1 6% $11 000 $16 000 $29 000 $29 000 29000
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 Viejo 1 2% $8 000 $12 000 $21 000 $21 000 $21 000
Dana Point 1 0% $7 000 $10 000 $17 000 $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 $5 000 $9 000 $9 000 $9 000
Lake Forest 2 0% $13 000 $20 000 $36 000 $36 000 $36 000
Mission Viejo 2 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 $18 000
Villa Park 0 2% $2 000 $2 000 $3 000 $3 000 $3 000
Unincorporated 3 1% $20 000 $31 000 $55 000 $55 000 $55 000
Total 100 0% $647 000 $996 000 $1 768 000 $1 768 000 $1 768 000
ATTACHMENT # 6
ORANGE COUN I"Y C.I IIEF'i & SI IFRA-1 S \SSOCIA I ION �
LAW & JUSTICE COMMITTEE
August 22 2005
Mr Bob Dominguez President
Orange County City Managers Associations ,
CIO City Managers Office
City of Placentia
401 East Chapman Avenue
Placentia CA 92870
i
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 Sheriff s 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
Protect 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 Protect — the implementation of the COPLINK System about which you will
learn more during your September 71h 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 181h 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
i
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 OC1LJ Steering Committee the
Orange County City Managers Association (OCCMA) reported on the results of
1 their review of alternative governance models as presented for the Project by the
County of Orange Executive Office and the Sheriff s 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 Sheriff s 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 Sheriff's 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
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
t through a Virtual Private Network (VPN) which affords it a proper level of
security to comply with established standards for such information sharing The
t 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
OCCMA President 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
Chieflike Messina President Chief Bob McDonell*
Y Brea Police Department Newport Beach Police Department
President OCCSA Chairman Law & Justice Committee
Chief John Hensley — — Chief Jim Spr �n
Costa Mesa Police Department Lagu a Bea Poll
apartment
Vice President OCCSA
S�
Chief Dave MaggaiQ; Chief Dennis Kies
Irvine Police Department La Habra Police Department
Secretary/Treasurer OCCSA Immediate Past President OCCSA
Chief Mike Sellers* Chief Paul Waiters* �—
Seal Beach Police Department Santa Ana Police Department
OCCMA President Dominguez
August 22 2005
Page 5
Chi f John Welter Chief Rick Hicks
Anaheim Police Department Cypress Police Department
---�----
Chief Scott Jordan Chief Bob Gustafson 1
Tustin Police Department Orange Police Departmenty
F
-__------------
Chief Tom Monson Chief Paul Sorrell
Buena Park Police Department Fountain Valley Police Department
Z r
hief Feat 9cKmley Chief Joe Polisar
Fullerton Police Dep rtment Garden Grove Police Department
:
Chief Ken Small Chief Ed Ethell
Huntington Beach Police Department La Palma Police Department
Chief Mike McCrary _ f J Sh efer `
Chief � c �.
Los Alamitos Police Department Placentia Police Department
--- _--- 1------- �- -- -----------
Chief Andy Hall residing Judge Fred Horn
Westminster Police Department Orange County Superior Court
OCCMA President Dominguez
August 22 2005
Page 6
Executive Officer Alan Slater District torney Tony Rackauckas
Orange County Superior Court Orange County District Attorneys 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
ATTACHMENT # 7
Al V j
A h m
Orange County City Managers' Association
E3 c/o City Administrator s Office
B P k
City of Placentia
401 E Chapman Avenue
L I M Placentia CA 92870
L1P Tel (714) 993 8117 Fax (714) 961 0283
D P t
V II Y November 14 2005
F II rt
( d (m
II B h
Iry Dear
On November 2 2005 those Orange County City Managers with municipal police
1 Pi departments acted to endorse the Joint Powers Authority (JPA) model for
governance of the Integrated Law &Justice Project(ILJ) At the time the action
I L R h was taken and as anticipated the City Manager representatives that contract for law
L Hll enforcement services with the Sheriff's Department abstained from the vote
�
L a N I 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
L L F I 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
L 11 mt tremendous step forward by making investigative lead information readily available
H v to all law enforcement personnel almost instantaneously
�
h 1„, F3 h 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
°"E Newport Beach Police Chief Bob McDonell who has served as Chair of the
PI Project Steering Committee for approximately seven years The City Managers
endorsing the JPA have determined that the time for establishing a formal
R, h 5 M 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
s (I m strength of institutionalized governance that will insure the coordinated efforts of
S , c P all involved remain viable and improved for years to come Additional projects
identified in the Strategic Plan are planned for implementation once the COPLINK
5 A System is finalized
S 1B h
I
St
F t
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 positron 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 COPLINK 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
l
Robert C Dominguez
City Administrator
RCD/mp
RCA ROUTING SHEET
INITIATING POLICE
DEPARTMENT
SUBJECT Proposed Joint Powers Authority -Integrated Law
and Justice Agency
COUNCIL MEETING March 6, 2006
DATE
3 s S RCA" ATTACHMENTS € 'STATUS
Ordinance (wlexhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map Location Map and/or other Exhibits Attached ❑
Not A pl]cable
Contract/Agreement (wlexhibits if applicable) AttachedNot Applicable El(Signed m full by the City Attome )
Subleases Third Party Agreements etc Attached ❑Not Applicable
(Approved as to form by City Attomey)
Certificates of Insurance (Approved b City Attome Attached ❑
y the y y} Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudgeted over $5 000) Not Applicable
Attached ❑
Bonds (If applicable) Not Applicable
Staff Report {If applicable} Attached ❑Not Applicable
Commission Board or Committee Report (If applicable) Attached ElNot Applicable
Findings/Conditions for Approval and/or Denial Attached El
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS ' , €
3
' ',,REVIEWED ' � RETURNED, FORWARDED,
Administrative Staff { ) )
Assistant City Administrator (Initial) ( )
City Administrator (Initial) { ) ( )
City Clerk ( ✓ )
E
XP, LANATION FOR RETURN 30F ITEME
Only)(Below SpadiFor City Clerk's Use
RCA Author Captain W Stuart