HomeMy WebLinkAboutResolution - 2058 RESOLUTION NO• 2058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO ESTABLISHING A JOINT POWERS
AGREEMENT BETWEEN RIVERSIDE -COUNTY
POLICE AGENCIES FOR A COMPUTER NETWORK
WHEREAS, there is a need to share data between police
agencies and have access to the California Department of Justice
and the United States Department of Justice Computer data systems;
and
WHEREAS, the County of Riverside is unable to provide
this service at a reasonable cost; and
WHEREAS, each of the agencies in Riverside Mid-County
(Banning, Beaumont, Hemet, Murrieta, Perris, and San Jacinto) have
like computer data systems which are compatible with each other;
and
WHEREAS, a computer system linking each of the
agencies and providing access to the State and Federal data systems
is feasible at a reasonable cost;
NOW THEREFORE BE IT RESOLVED the City Council of
the City of San Jacinto hereby authorizes the participation of the
San Jacinto Police Department in the formation of a Joint Powers
Authority between the Riverside Mid-County Police Agencies for the
establishment of the computer network and further authorizes the
Chief of Police to act as agent for the City of San Jacinto.
MOVED, PASSED and ADOPTED at a regular meeting of
the City Council on the 18th day of August , 1992 by the
following vote:
AYES: Councilmembers Ford, Hafliger, Leahy and Mayor Boykin
NOES: None
ABSENT: Councilmember Richards
ATTEST:
f
Mayor
DIpputy City Clerk
t
1 JOINT POWERS AGREEMENT FOR RIVERSIDE MID-COUNTY
2 C.L.E.T.S./M.S.S. SYSTEM PLACEMENT
3 This Agreement is made by and among the undersigned public entities
4 (hereinafter "Member Agencies") all of which are public entities
5 organized and operating under the laws of the State of California
6 or under the authority of the United States government. This
7 Agreement may be executed in counterparts with an original copy for
8 each Member Agency without the necessity for one original with a
9 lengthy signature portion. A fully executed and sealed copy of
10 each original for each Member Agency shall be provided to the City
11 Clerk of the City of Banning.
12
13 RECITALS
, 4
15 1. WHEREAS, the Regional California Law Enforcement
16 Telecommunications System/Message Switching System (hereinafter
17 11CLETS/MSS" ) came into being during the existence of the Office of
18 Criminal Justice Planning Region' s locally operated headquarters in
19 Riverside County and
20
21 2 . WHEREAS, the local headquarters in Riverside County no
22 longer can provide necessary services to local agencies at a
23 reasonable costa and
24
5 3 . WHEREAS, certain law enforcement agencies within
26 Riverside County have a need for the Regional CLETS/MSS to continue
1
1 to exist as an entity; and
2
3 4 . WHEREAS, the Regional CLETS/MSS hardware and software
4 need to be replaced; and
5
6 5. WHEREAS, California Government Code Sections 6500-6516
7 authorize the joint exercise of powers among public agencies
8 towards a common goal pursuant to a joint powers agreement.
9
10 NOW, THEREFORE, the undersigned, by, between and among
11 themselves, in consideration of the mutual benefits and agreements
12 set forth below, hereby agree as follows:
13
1.4 ARTICLE I
15 PURPOSES
16
17 This Agreement is entered into by Member Agencies pursuant to
18 the provisions of California Government Code Section 6500 et sea. ,
19 to:
20 A. Jointly purchase the equipment, software, materials,
21 supplies and professional services which may be necessary to
22 establish a CLETS/MSS to service the Member Agencies.
23 B. Provide a forum for member agencies to provide
24 recommendations and comments to the technical advisor representing
.5 the City of Banning and to assist in the development of rules and
26 regulations governing the on-going participation of the Member
2
1 Agencies in the CLETS/MSS Mid-County network (hereinafter
2 VIM. S. S. ")
3
4 C. Establish a procedure for the upkeep of the of the
5 CLETS/MSS Mid-County system network and the on-going maintenance of
6 the equipment and software.
7
8 D. To provide, to the extent permitted by law, for the
9 inclusion at a subsequent date of such additional public entities
10 which are organized and existing under the laws of the United
11 States or laws of the State of California as may desire to become
12 Member Agencies.
13
14 E. To provide for the removal of Member Agencies for cause
15 or upon request.
16
17 ARTICLE II
18 DEFINITIONS
19
20 Unless the context otherwise requires, the following terms
21 shall be defined as herein stated:
22
23 A. "Association" shall mean the "Association for Riverside
24 Mid-County Agencies CLETS/MSS System Regional Network Placement and
5 Maintenance" created by this Agreement.
26
3
I B. "Local CLETS Advisory Committee" or "CommitteeiP shall
2 mean the governing body of the Association.
3
4 C. "Deposit" shall mean the estimated amount determined by
5 the Committee for each Member Agency necessary to fund the
6 placement of the Riverside Mid-County CLETS Network.
7
8 D. "Member Agency" shall mean any of the public entities
9 which are a party to this Agreement.
10
11 E. "Fiscal Year" shall mean a period of time as defined in
12 Article X, to be used in determining Deposits.
13
1_4 F. "Operating Costs" shall be the actual cost to the City of
15 Banning to operate and maintain the CLETS/MSS network for the
16 member agencies . Such costs shall be reviewable by the Committee
17 solely at the Committee' s discretion.
18
19 G. "Technical Advisor" shall be an individual appointed by
20 the City of Banning with the approval of the Member Agencies.
21
22 ARTICLE III
23 PARTIES TO AGREEMENT
24
5 Each party to this Agreement certifies that it hereby
26 contracts with all other parties who are signatories of this
4
I Agreement and, in addition, with such other parties as may later be
2 added as parties to this Agreement pursuant to Article XIV. Each
3 party to this Agreement also certifies that the deletion of any
4 party from this Agreement, pursuant to Article XV or XVI, shall not
5 affect this Agreement or the remaining parties ' intent to contract
6 as described above with the remaining parties to the Agreement.
7
8 ARTICLE IV
9 TERMS OF AGREEMENT
10
11 This Agreement shall become effective as to such member agency
12 when approved and executed by that Member Agency. This agreement
13 shall continue in full force until terminated in accordance with
1.4 Article XVII.
15
16 ARTICLE V
17 POWERS OF THE ASSOCIATION
18
19 A. Administration. It is not the intent nor the purpose of
20 this Agreement to create an agency which is a separate and distinct
21 legal entity from the Members Agencies pursuant to Government Code
22 Section 6503 . 5. This Agreement shall be administered by the City
23 of Banning, acting through its Chief of Police with the advice and
24 concurrence of the Committee.
5
26 B. Contracts. The Association is authorized, acting through
5
1 the City of Banning, to do all acts necessary to fulfill the
2 purposes of this Agreement as referred to in Article I . The City
3 of Banning, through its regular procedures, on behalf of the
4 Association, may purchase, lease, own, use or dispose of property
5 and equipment and make and enter into contracts, as may be required
6 to effectuate the purposes of the Agreement. Any property,
7 equipment or interest in property purchased or obtained by the City
8 of Banning using Association funds or obtained by the City of
9 Banning pursuant to the purposes of this Agreement shall be held in
10 trust by the City of Banning for the Association and devoted solely
11 to uses consistent with the purposes of the Agreement. Upon
12 dissolution of the Association pursuant to Article XVII, all
13 property held in trust by the City of Banning shall be distributed
14 in accordance with the terms of Article XVII. Any valid contract
15 entered into pursuant to this Agreement solely for the purposes of
16 effectuating the goals of this Agreement shall be executed by the
17 City of Banning, as trustee for the Association, and shall be
18 payable solely from the funds deposited with the Association
19 Treasurer (hereinafter "Treasurer") pursuant to this Agreement.
20
21 ARTICLE VI
22 MEMBER AGENCY
23
24 A. MEMBER AGENCY - RESPONSIBILITIES
5 The Member Agencies shall have all of the following
26 responsibilities:
6
1 1. To vote for representatives to the Committee.
2
3 2 . To pay deposits in accordance with Article XIII hereof
4 promptly to the Association when due; and
5
6 3 . To pay its share of the Operating Costs as determined in
7 accordance with Article XIII.
8
9 4 . To provide the Association all data and other information
10 as may be necessary to carry out the purposes of this Agreement.
11
12 5. To cooperate with and assist the Association in all
13 matters relating to this Agreement and to comply with the rules and
' 4 regulations and all policies and procedures adopted by the
15 Committee.
16 ARTICLE VII
17 LOCAL CLETS ADVISORY COMMITTEE
18
19 The Committee shall govern the affairs of the Association.
20 The Committee shall be comprised of one person from each Member
21 Agency. Such person shall be an employee of the Member Agency.
22
23 From time to time the Chief of Police of the City of Banning shall
24 designate a member of the Committee as Treasurer. The Treasurer
5 shall be an ex-officio employee of the City of Banning.
26
7
I One member of the Committee shall act as the Administrative liaison
2 with the Department of Justice.
3
4 Each Member Agency shall have a vote in the selection of four at-
5 large Committee Members.
6
7 The terms of the ex-officio members shall be on-going with any
8 vacancy being filled by the Chief of Police as the case may be.
9
10 Each of the four at large members of the Committee shall serve a
11 term of two years.
12
13 The Committee, at its first regularly scheduled meeting, shall
<1:4 select a member to act as Chair and a member to act as Secretary.
15
16 ARTICLE VIII
17 MEETINGS AND RECORDS
18
19 A. COMMITTEE MEETINGS
20 The Committee shall fix the date, hour and place at which each
21 regular meeting is to be held. The first meeting of the Committee
22 shall be called by the Treasurer designee of the City of Banning at
23 a time and place of mutual convenience. Regular meetings shall be
24 held not less than once each fiscal year. Special meetings may be
.5 called by the Chairman or upon written request of at least two
26 members of the Committee. Notice of such special meetings shall be
8
1 delivered personally or by mail to each Committee Member at least
2 seven days before such meeting.
3
4 B. RECORDS
5
6 The Secretary shall keep or have kept minutes of all regular,
7 adjourned regular and special meetings of the Committee. The
8 minutes shall be approved within thirty five (35) days following
9 each of such meetings. As soon as possible after approval of such
10 minutes, the Secretary shall forward a copy of the minutes to each
11 Member Agency.
12
13 No business may be transacted by the Committee without a
-4 quorum of its members being present. A quorum shall consist of a
15 majority of its members. Except as otherwise provided in this
16 Agreement, a simple majority of the members present and voting must
17 vote in favor of a motion to approve it. An abstention must be for
18 cause stated in the record. An abstention shall not be considered
19 as an affirmative vote.
20
21 ARTICLE IX
22 ADMINISTRATIVE POLICY AND PROCEDURES
23
24 As soon as practicable after the first meeting of the
,5 Committee, and within the first twelve (12) months of the
26 Association' s existence, the Committee shall review the "CLETS
9
1 OPERATING POLICIES, PRACTICES AND PROCEDURES (October 1986
2 revision) hereinafter "Operating Policies" (attached hereto and
3 designated as Exhibit "B") for consistency with applicable state
4 and federal laws and this Agreement. Upon the completion of such
5 review, the "Operating Policies" shall become the document which
6 governs the day-to-day operations of the CLETS/MSS network system.
7 Each Committee member shall receive a copy of any Operating
8 Policies developed under this article. Thereafter, the Committee
9 may adopt additional policies and procedures or change existing
10 ones so long as they shall be and remain consistent with both
11 applicable law and with this Agreement. The Secretary shall
12 promptly send to each Member Agency each policy and procedure
13 change promptly after its adoption by the Committee.
, 4
15 If necessary to regulate the conduct of its meetings, the
16 Committee may adopt and enact by-laws which may be changed from
17 time to time by a majority vote of all Committee members.
18
19 ARTICLE X
20 FISCAL YEAR
21
22 The first fiscal year of the Association shall be the period
23 from the date of this Agreement through June 30, 1993 . Subsequent
24 fiscal years of the Association shall begin on July 1 and end on
5 June 30.
26
10
1 ARTICLE XI
2 ANNUAL AUDITS AND AUDIT REPORTS
3
4 The Committee shall cause an annual financial audit to be made
5 with respect to all receipts, disbursements, and other transactions
6 by a Certified Public Accountant. A report of such financial audit
7 shall be filed as a public record with each of the Member Agencies.
8 Such report shall be filed by October 1 or sooner as required by
9 law. All costs of such financial audit shall be paid by the
10 Association and shall be charged against the Member Agencies in the
11 same manner as all other administrative costs.
12
13 ARTICLE XII
14 ESTABLISHMENT AND ADMINISTRATION OF FUNDS
15
16 A. The Committee shall be responsible for strict accountability
17 of all funds and reports of all receipts and disbursements . It
18 shall comply with all provisions of law relating to the Association
19 funds, particularly Section 6505 of the California Government Code.
20
21 B. The Treasurer shall receive, invest, and disburse funds only
22 in accordance with the procedures established by this Agreement and
23 the Committee and in conformity with applicable law and with the
24 requirements of the City of Banning pursuant to Article X, section
5 B.
26
11
1 C. The Committee may, if it deems necessary, purchase and
2 maintain insurance, including public liability insurance, necessary
3 to protect the Association' s investment in property and equipment
4 necessary for the purpose of this agreement. The cost of such
5 insurance shall be distributed on a pro-rata basis to Member
6 Agencies in accordance with the formula contained in Article XIII .
7
8 ARTICLE XIII
9 DEPOSITS AND OPERATING COSTS
10
11 A. DEPOSITS
12
13 The Deposit for each Member Agency shall be calculated and
"4 paid as stated in a Schedule of Costs as determined by the
15 Committee. A "Preliminary Schedule of Estimated Costs" is attached
16 hereto as Exhibit "C" ; upon its execution of this Agreement, each
17 Member Agency shall hereby be considered to have approved the
18 payment of a Deposit in the amount not to exceed the per Agency
19 estimate as listed on the attached Exhibit "C" . Should the actual
20 amount necessary to fund the regional CLETS/MSS placement exceed
21 the preliminary schedule of costs, an additional Deposit shall be
22 paid only after a review of the additional amount has been made by
23 the governing board or city council of the Member Agency. The
24 period of review shall not exceed forty five (45) days following
-5 the date of submittal of such additional deposit for review by the
26 governing board or City Council.
12
1 Should the Association receive deposit funds beyond those
2 which are necessary to fund the actual system placement, any such
3 excess funds shall be held by the Association and applied solely
4 toward future operating costs on a pro-rata per member basis until
5 fully expended.
6
7 B. PRO-RATA FORMULA
8
9 The calculation of funds to be assigned or distributed to
10 Member Agencies will be based on the following formula and on the
11 following defined terms:
12
13 1. Per Capita formula based upon the percentage of each
' ' 4 agencies population to the total population of the
15 members for the first two (2) years of operation.
16 2 . Upon the completion of the first two (2) years the
17 Committee shall establish a new formula if deemed
18 necessary.
19
20 C. DEFINITION OF TERMS:
21 COMMON AMOUNTS: That portion of the network used to
22 support the operation of the computer network including
23 communications lines to remote locations.
24
5 AGENCY AMOUNTS: That portion of the network located within
26 the Member Agency for the purpose of transmitting and receiving
13
1 network messages. (These amounts will normally only be a factor in
2 purchase of equipment to support that agency. )
3
4 STATION SHARE: An amount equal to two-thirds of the
5 Common Amounts divided by the network station count.
6
7 PER MESSAGE SHARE: An amount equal to one-third of the Common
8 Amounts divided by the network message count.
9
10 D. OPERATING COSTS
11
12 The Association' s Operating costs shall be billed to the
13 Member Agencies on a semi-annual basis upon the same pro-rata basis
14 and shall be due and payable within thirty (30) days of billing.
15
16 ARTICLE XIV
17 NEW MEMBERS
18
19 Prospective Member Agencies may apply for participation in the
20 Association and CLETS network as stated in the reference to
21 Operating Policies and applicable State law.
22
23 Admission to the Association requires approval of two-thirds
24 of the Agency Members and is conditioned upon the applicant
5 executing the Agreement and payment of a pro-rata share of the
26 Schedule of Costs as determined by the Committee. Membership shall
14
1 become effective upon the date established by the Committee.
2
3 ARTICLE XV
4 WITHDRAWAL
5
6 Any Member Agency of the Association who has been a member for
7 at least three full fiscal years may withdraw from its status as a
8 member and as a party to the Joint Powers Agreement. The
9 withdrawal shall be effective only at the end of the fiscal year in
10 which the request is made. The withdrawing Member Agency must
11 notify the Association in writing at least ninety (90) days prior
12 to the end of the fiscal year that it will withdraw from the
13 Association.
4
15 Upon voluntary withdrawal, a Member Agency shall not be
16 entitled to any reimbursement for its deposit, however, it shall
17 not remain obligated with respect to Operating Costs or the other
18 continuing obligations created by this Agreement incurred after the
19 effective date of withdrawal.
20
21 Upon any withdrawal by the City of Banning, the Committee
22 shall designate a Member Agency to take possession of the
23 Association property and funds and to manage the day to day
24 operation of the local CLETS/MSS system.
`5
26 ARTICLE XVI
15
1 EXPULSION
2
3 The Association may expel any Member Agency, for cause, as a
4 participant in any program, or as a member of the Association, by
5 a two-thirds vote of all Member Agencies.
6
7 Such cause shall include, but is not limited to; failure to make
8 timely payment of deposits, failure to make timely payment of
9 assigned portions of operation expenses, suspension imposed by
10 CLETS for violation of CLETS operation policies, practices, and
11 procedures.
12
13 Upon the expulsion of any Member Agency, the expelled Member
14 Agency shall not be entitled to reimbursement for its Deposit,
15 however, it shall have no continuing obligation to pay operating
16 costs or other obligations created by this Agreement after the
17 effective date of the expulsion. The committee shall establish
18 procedures for the bringing of charges and of a right to be heard
19 by the charged member agency to such charges.
20
21 ARTICLE XVII
22 TERMINATION AND DISTRIBUTION
23
24 If the Committee determines that the public interest will not
5 be served by the continuance of the Association, it may, by a two-
26 thirds vote of all Member Agencies, order the Association
16
1 dissolved. If the decision to dissolve the association occurs
2 within 180 days of the end of a fiscal year, the actual dissolution
3 shall not occur until the end of the following fiscal year.
`4
5 Upon termination of the Agreement, all assets of the
6 Association shall be distributed only among the Member Agencies
7 that have been participants in CLETS network, including any of
8 those members who previously voluntarily withdrew pursuant to
9 Articles XV and XVI of this Agreement, in accordance with and
10 proportionate to their Deposit and any payments made during the
11 term of this Agreement as their interests may appear. The
12 Committee shall determine such distribution within six months after
13 the last pending claim or contractual obligation entered into
14 pursuant to this Agreement has been finally paid.
15
16 The Committee is vested with all necessary powers of the
17 Association for the purposes of concluding and dissolving the
18 business affairs of the Association.
19
20 ARTICLE XVIII
21 NOTICES
22
23 Notices to Member Agencies under this Agreement shall be
24 sufficient if mailed to their respective addresses on file with the
'5 Association. Notices to the Association shall be sufficient
26 if mailed to the address of the Association as contained in the
17
1 Operating Policies.
2 ARTICLE XIX
3 PROHIBITION AGAINST ASSIGNMENT
4
5 No member Agency may assign any right, claim or interest it
6 may have under this Agreement, and no creditor, assignee or third
7 party beneficiary or any Member Agency shall have any right, claim
8 or title to any part, share, interest, fund, premium or asset of
9 the Association.
10
11 ARTICLE XX
12 AMENDMENTS
13
14 This Agreement may be amended by a two-thirds vote of the
15 Member Agencies provided that any amendment is compatible with the
16 purposes of this Agreement as determined by the Committee and has
17 been submitted to the Committee for such at least ninety (90) days
18 in advance. Any such amendment shall be effective immediately,
19 unless otherwise designated.
20
21 ARTICLE XXI
22 SEVERABILITY
23
24 Should any portion, term, condition or provision of this
5 Agreement be decided by a court of competent jurisdiction to be
26 illegal or in conflict of any law of the State of California, or be
18
I otherwise rendered unenforceable or ineffectual, the validity of
2 the remaining portions, terms, conditions and provisions shall not
3 be affected thereby.
4
5
6
7
8 ARTICLE XXII
9 HOLD HARMLESS AND INDEMNIFICATION
10
11 The Member Agencies mutually agree and covenant to save free
12 and hold harmless and indemnify the City of Banning, its elected
13 officers and employees and any other Member agency, its elected
14 officer and employees from any claim, damage or liability in
15 connection with this Agreement or the Administration and operation
16 of the CLETS/MSS Mid-County network system which the City of
17 Banning or any other individual Member Agency may incur as a result
18 of this Association. This indemnification, when and if necessary,
19 shall be apportioned among the Member Agencies in accordance with
20 the formula described in Article XIII hereof for the calculation of
21 deposits.
22
23 ARTICLE XXIII
24 AGREEMENT COMPLETE
5 The foregoing constitutes the full and complete agreement of
26 the parties. There are no oral understandings or agreements not
19
1 set forth in writing herein. Each of the parties will have on
2 record a Resolution from their respective governments ratifying the
3 term of the agreement, authorizing each Chief of Police as their
4 agent.
5 IN WITNESS WHEREOF, the parties hereto have executed the
6 Joint Powers Agreement in counterparts for the Mid-County CLETS/MSS
7 as of
8
20
EXHIBIT C
PROJECTED COSTS
ESTIMATED COST FACTORS
At this stage of research and development, the only figures
available without actually offering an RFP are estimates. The
figures below include the basic requirements. Not included in the
figures is an interface with the Riverside County System for local
warrants or other inquiries. If desired, this would require
negotiations between the Mid-County agencies and the Riverside
County Sheriff 's office.
�cos ANTI CT PATED ,COST 'kAN
CLETS HARDWARE 150, 000 - 175, 000
CLETS SOFTWARE 100, 000 - 125, 000
CRIS NETWORK HARDWARE 80, 000 - 100, 000
CRIS NETWORK SOFTWARE 75, 000 85, 000
SUPPORT AND SERVICE - 5 YEARS 1701000 - 215, 000
TOTAL 575f000 - 700, 000
The anticipated cost for the total system is between $575 , 000- and!
$700, 000.
ANNUAL OPERATION COSTS
Annual software maintenance is estimated at 10 percent of the
purchase price.
Annual hardware maintenance is estimated at 15 percent of the
purchase price.
Telephone lease lines estimated at $400 per agency per year.
The column titled "MCA" reflects . the estimated cost range per
agency each year for five years.
AGENCY MCA - 5 YEARS
BANNING 18, 522 - 22 , 491
BEAUMONT 8,400 - 10, 200
_
HEMET 31,920 - 38 , 760
MURRIETA 18, 257 - 22f171
_
PERRIS 20, 118 - 24 , 429
_
SAN JACINTO 14, 784 - 17 , 952