RESOLUTION NO. 20Z3-20Q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE AUTOMATED REGIONAL JUSTICE
INFORMATION SYSTEM JOINT POWERS AGREEMENT AND AUTHORIZING
THE CITY MANAGER TO MAKE THE ANNUAL PAYMENTS AS REQUIRED,
INCLUDING ANY ANNUAL COST ADJUSTMENTS
WHEREAS, the City Council of the City of Carlsbad, California has determined that there is a need for continued operation, maintenance, enhancement and implementation of the Automated Regional Justice Information System (SANDAG-ARJIS) to provide improved public safety capabilities to the San Diego region by an effective and efficient use of electronic data processing technology capabilities; and
WHEREAS, the joint exercise of the Charter Member Agencies powers as a Joint Powers Agency (JPA) will continue to provide a decision-making body capable of continuing the operation, maintenance and implementation of SANDAG-ARJIS; and
WHEREAS, the San Diego Association of Governments (SANDAG) should continue to serve as the administrator of the JPA in order to leverage SANDAG's role as a regional decision-making body convening all 18 cities and the County in the San Diego region; and WHEREAS, the Joint Powers Agreement of December 1, 1980, was amended on July 1, 1990, January 23, 1998, and August 4, 2004, and the Charter Member Agencies wish to amend it again to restate and solidify its continuity of effort with SAN DAG as its Administrator.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
l. That the above recitations are true and correct.
2. That the Joint Powers Agreement as Amended for the Automated Regional Justice Information System Joint Powers Agency (Attachment A) be approved and the City Manager is hereby authorized to execute said agreement on behalf of the City.
3. That the City Manager is hereby authorized to make any reoccurring annual payments as required by SANDAG-ARJIS pursuant to the Joint Powers Agreement, including any annual cost adjustments going forward.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of�, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
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KEITH BLACKBURN, Mayor
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� SHERRY FREISINGER, City Clerk
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JOINT POWERS AGREEMENT - AS AMENDED _JULY 2023__
AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY
THIS AGRE
EMENT is made among those agencies named below that execute this Agreement.
RECITALS
WHEREAS, Charter Member Agencies realize that there is a need for continued operation, maintenance, enhancement and implementation of the Automated Regional Justice Information System (SANDAG-ARJIS) to provide improved public safety capabilities to the San Diego region by an effective and efficient use of electronic data processing technology capabilities; and WHEREAS, Charter Member Agencies believe that the joint exercise of their powers as a Joint Powers Agency (JPA) will continue to provide a decision-making body capable of continuing the operation, maintenance and implementation of SANDAG-ARJIS; and WHEREAS, Charter Member Agencies believe that the San Diego Association of Governments (SANDAG) should continue to serve as the administrator of the JPA in order to leverage SANDAG’s role as a regional decision-making body convening all 18 cities and the County in the San Diego region; and WHEREAS, this Joint Powers Agreement of December 1, 1980, was amended on July 1, 1990, January 23,1998, and August 4, 2004, and the Charter Member Agencies wish to amend it again to restate and solidify its continuity of effort with SANDAG as its Administrator.
NOW THEREFORE, in consideration of the above recitals and the mutual obligations of the parties as herein expressed, the Charter Member Agencies agree as follows:
1. Definitions
The following definitions apply to this Agreement unless otherwise stated:
a) "Administrative Member" means SANDAG. As the Administrative Member SANDAG shall have the same rights as any of the Charter Member Agencies, shall provide in- kind contributions r
ather than membership financial support, and shall have the additional responsibilities set forth in this Agreement. SANDAG shall not have a separate vote but shall be represented by all of the Charter Member Agencies. b) “Charter Member Agency” means an agency executing this Agreement, other than the Administrative Member.
c) "Contributing Member Agency” (CMA) means an agency that contributes data to ARJIS but is not a Charter Member Agency. ARJIS hosts a complex law enforcement information system that contains information about a variety of official police incidents generated by the law enforcement agencies in the San Diego region. CMAs provide crime, arrest, and other incident data to ARJIS (with one of those agencies, the San Diego County Sheriff's Department, providing contract services to nine incorporated cities within San Diego County).
Attachment A
3
d) "Participating Member Agency” (PMA) means an agency that does not currently provide crime and arrest incident data to ARJIS but accesses ARJIS regional data and utilizes ARJIS services.
e) "Fiscal Year" means the year beginning July 1 and ending June 30.
2. Status
There is hereby created a JPA to be known and denominated as the Automated Regional Justice Information System, and referred to as SANDAG-ARJIS, which shall be a public entity separate and apart from any Charter Member Agency, CMA, or PMA with the exception of the Administrative Member.
SANDAG-ARJIS shall be governed by the terms of this JPA, by any policies passed and adopted by the SANDAG-ARJIS governing board, and by the statutes, rules, regulations, policies or procedures that govern SANDAG. The SANDAG-ARJIS governing board shall serve and be known as SANDAG's Public Safety Policy Advisory Committee ("PSC").
3. Purpose
The specific and primary purpose for which SANDAG-ARJIS is created is to assist the Charter Member Agencies by providing Charter Member Agencies, CMAs and PMAs with state-of-the-art criminal justice information technology that enhances both officer and public safety. SANDAG-ARJIS is the convening agency for regional justice technology, and provides its members with seamless, cross - jurisdic
tional access to essential, accurate real-time data via a secure criminal justice enterprise network, also known as the ARJIS Enterprise Database or the ARJIS Operational Store (AOS).
4. Liabilities & Powers
a) The debts, liabilities and obligations of SANDAG-ARJIS shall not constitute any debt, liability or obligation of any of the Charter Member Agencies that are parties to this Agreement except SANDAG. All SANDAG-ARJIS debts, liabilities, and obligations shall be paid from the separate assets and accounts of SANDAG-ARJIS, which shall be maintained by the Administrative Member.
b) SANDAG-ARJIS shall not have power to contract or to sue or be sued in its own name.
All claims for money or damages against SANDAG-ARJIS shall be made against SANDAG and shall be governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable to SANDAG.
c) SANDAG-ARJIS shall not hire a staff but shall use the staff of SANDAG and shall compensate SANDAG for the use of those staff services. SANDAG-ARJIS may also utilize staff from other public agencies under contract.
5. Financial Matters
a) Auditor/Comptroller & Treasurer. SANDAG shall be the depository of funds of SANDAG- ARJIS and the SANDAG Chief Financial Officer shall be the ex-officio Treasurer of SANDAG-ARJIS. The Treasurer shall file an official bond in the amount of $100,000. The SANDAG Auditor/Comptroller shall be the ex-officio Auditor/Comptroller of SANDAG- ARJIS and shall draw warrants or check-warrants against the funds of SANDAG-ARJIS 4
in the Treasury when the demands are approved by the PSC, or such other persons as may be specifically designated for that purpose in SANDAG-ARJIS policies. Said Auditor/Comptroller and Treasurer shall comply with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing with Section 6500. SANDAG shall determine reasonable charges to be made against SANDAG-ARJIS for the services of the Treasurer and Auditor/Comptroller. At the end of each fiscal year there shall be an audit conducted by an independent, accredited certified public account.
b) Accounts & Reports. The Auditor/Comptroller shall establish and maintain such funds and accounts as may be required by good accounting practice or bylaws passed and adopted by SANDAG. The books and records of SANDAG-ARJIS in the hands of the Auditor/Comptroller shall be open to inspection at all reasonable times by representatives of the
Charter Member Agencies. The Auditor/Comptroller , within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Charter Member Agencies
. Said financial report shall be
accompanied by a financial/compliance opinion by an independent, accredited certified public accountant. The independent, accredited certified public accountant shall be the accounting firm selected by SANDAG.
c) Funds. The Treasurer shall receive, have the custody of and disburse SANDAG-ARJIS funds upon the warrant or check-warrant of the Auditor/Comptroller (i) pursuant to the accounting procedures developed under this Agreement, and (ii) in accordance with normal SANDAG procedures, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. SANDAG-ARJIS funds and accounts shall be segregated from SANDAG's general funds and accounts.
The Treasurer may invest SANDAG-ARJIS funds in accordance with general law. All interest collected on SANDAG-ARJIS funds shall be accounted for and posted to the account of such funds.
d) Budget. The PSC shall recommend approval of a preliminary budget to the SANDAG Board and distribute a copy of the preliminary budget to each Charter Member Agency no later than May 1 of each year. The PSC shall recommend approval of a final budget no later than June 1 of each year and have it approved by the SANDAG Board of Directors by July 1 of each year. After adoption by the SANDAG Board, a copy of the final budget shall be filed with each
Charter Member Agency.
e) Administrative Agency Financial Support. SANDAG shall determine charges to be made against SANDAG-ARJIS for the services provided by SANDAG, which SANDAG deems are appropriate for reimbursement. No less than annually, SANDAG shall report such charges to each Charter Member Agency. SANDAG shall not be required to contribute funds toward SANDAG-ARJIS, but shall instead provide in-kind contributions. f) Fee Schedule. The Fee Schedule for Charter Member Agencies, CMAs, and PMAs is attached to the Agreement as Addendum A. The Fee Schedule may be revised by a majority vote of the then-current Charter Member Agencies and the newly revised Addendum A will supersede any previously approved addenda. 5
6. Governance
a) SANDAG-ARJIS is a JPA and is governed by the terms of this Agreement, by any policies passed and adopted by the SANDAG-ARJIS governing board, and by the statutes, rules, regulations, policies or procedures that govern SANDAG. SANDAG serves as the Administrator of the JPA.
b) All powers of ARJIS shall be exercised by the SANDAG Board of Directors. The SANDAG Board of Directors shall delegate responsibilities to PSC, which shall be t he ARJIS governing board. PSC is formed under SANDAG Board Policy Nos. 002 and 026, and advises the SANDAG Board of Directors on matters concerning SANDAG-ARJIS and the SANDAG Criminal Justice Program. The Chiefs'/Sheriff's Management Committee is a standing committee established to support the PSC. Each member of the Chiefs'/Sheriff's Management Committee has an equal vote; and is authorized to forward recommendations to the PSC on any recommended policies and procedures within its jurisdiction.
c) Policy decisions other than those specifically delegated to PSC must be made by the SANDAG Board of Directors.
d) Pursuant to Government Code Section 6509, which requires that the powers of a JPA be limited by the legal restrictions placed upon a named member of the JPA, the powers of SANDAG-ARJIS are subject to those legal restrictions imposed upon SANDAG by the Constitution of the State of California and the laws governing SANDAG.
7. Membership of the Public Safety Policy Advisory Committee The membership of PSC is governed by SANDAG Board Policy No. 002.
8. Voting
The PSC shall vote on all items on the basis of one vote per voting member as appointed under Board Policy No. 002.
9. Meetings
The PSC shall conduct monthly meetings in conjunction with regularly scheduled SANDAG meetings during the year and at such other times as the PSC or SANDAG Board shall direct.
Parliamentary procedure at all meetings shall be governed by SANDAG Board Policy as well as Roberts Rules of Order, Newly Revised, except as otherwise modified by this Agreement.
10. Ralph M. Brown Act
All meetings of the SANDAG-ARJIS governing board, including without limitation regular, adjourned regular, and special meetings of the PSC, and meetings of all standing committees, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code).
11. Quorum
A majority of the voting members of the PSC shall constitute a quorum for the transaction of 6
business.
12. Duration of Agreement
This Agreement shall continue in full force and effect until three or more Charter Member Agencies representing more than 50% of the population of the San Diego region withdraw from this Agreement by resolution. The population of the County of San Diego shall be the unincorporated portion of the San Diego region.
13. Disposition of Assets Upon Termination
Upon termination of this Agreement any money or assets in possession of SANDAG on behalf of SANDAG-ARJIS after the payment of all liabilities, costs, expenses and charges validly incurred under this Agreement shall be returned to the Charter Member Agencies in proportion to their contributions in the most recently completed fiscal year determined as of the time of termination. In-kind contributions made by SANDAG shall be included in this determination.
14. Effective Date of Agreement
This Agreement became effective for all purposes at 12:01 a.m. July 1, 1990. The most recent amended version of the Agreement shall become effective July 1, 2023, or on such later date when the 18 cities, County of San Diego, and SANDAG sign the Agreement.
15. Later Participating Member Agencies
Any San Diego County incorporated city that incorporated after July 1, 2023, that may desire to participate in the activities of SANDAG-ARJIS may do so by executing this Agreement without prior approval or ratification of the Charter Member Agencies and shall be bound by the terms of this Agreement as of the date of execution.
16. Agreement Repository
A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be filed with the authorized representative of each Charter Member Agency.
17. Information Privacy & Ownership of Data
a) In order to protect the privacy of individuals as set forth in Section 1 of Article I of the Constitution of California and in the United States Constitution, the maintenance and dissemination of the information in the SANDAG-ARJIS system shall be undertaken in compliance with Federal and State laws and regulations including the Information Practices Act of 1977 (commencing with Section 1798 of the California Civil Code). An appropriate agency as determined by the PSC shall, at the call of the PSC, conduct an annual certification of the information to assure compliance. b) All intellectual property owned by SANDAG-ARJIS as of the effective date of this Agreement including, but not limited to, electronic data, shall remain the property of SANDAG-ARJIS. When SANDAG-ARJIS serves as a custodian of data it does not own, that data shall presumptively remain the property of the Charter Member Agency or CMA.
18. Amendments
7
Proposed amendments may be originated by any member of the PSC or by the SANDAG Board of Directors. With the exception of revisions to Addendum A, Amendments to this Agreement shall require the vote of two thirds (2/3) of the Charter Member Agencies who are members of SANDAG-ARJIS at the time the amendment is proposed.
IN WITNESS WHEREOF, each of the following Charter Member Agencies have caused this Joint Powers Agreement to be executed by signature of a person authorized by the respective governing body of each agency. This Agreement may be executed in counterparts.
Ado
pted 12/80
Amended 7/90
Amended 1/98
Amended 1/04
Amended 7/23
8 JOINT POWERS AGREEMENT - AS AMENDED JULY 2023
J"OMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY
CITY OF CHULA VISTA
By ---------------
Mari a Kachadoorian
City Manager
CITY OF CORONADO
By ---------------
Tin a Friend
City Manager
CITY OF DEL MAR
By ---------------
Ash I e y Jones
City Manager
CITY OF EL CAJON
By ---------------
Graham Mitchell
City Manager
CITY OF ENCINITAS
By---------------
Pamela Anti I
City Manager
CITY OF ESCONDIDO
By ---------------
Se an McGlynn
City Manager
CITY OF IMPERIAL BEACH
By ---------------
Ty I er Foltz
City Manager
CITY OF LA MESA
By ---------------
Greg Humora
City Manager
CITY OF LEMON GROVE
By ---------------
Lydia Romero
City Manager
9
CITY OF NATIONAL CITY CITY OF SAN DIEGO
By By
Armando Vergara
Interim City Manager
Erik Dargan
Chief Operating Officer
CITY OF P
OWAY CITY OF SANTEE
By By
Chris Hazeltine
City
Manager
Marlene Best
City Manager
CITY OF SAN MARCOS CITY OF VISTA
By By
Jack Griffin
City
Manager
John Conley
City Manager
CITY OF SOLANA BEACH
By
SAN DIEGO COUNTY
SHERIFF'S DEPARTMENT
By
Greg Wade
City Manager
Kelly Martinez
Sheriff
CITY OF O
CEANSIDE SANDAG
By By
Jonathan Borrego
City
Manager
Hasan Ikhrata
Chief Executive Officer or
designee
10 Addendum A
ARJIS Fee Structure
Each fiscal year (July 1 – June 30), ARJIS develops an annual budget to support the ongoing maintenance of the ARJIS infrastructure and programs. ARJIS staff presents the proposed annual budget and ARJIS Fee Structure to the Public Safety Committee in the Spring for a recommendation and to t he SANDAG Board of Directors shortly after for approval. This Fee Structure applies only to the ARJIS Standard Service Package, which is described below. Addi tional services not included in the Standard Service Package will be billed separately at cost.
Participating and Contributing Member Agency Fees
Participating and Contributing Member Agencies will be charged a flat fee for the ARJIS Standard Service Package based on the number of active ARJIS accounts as of May 1 prior to the beginning of the billing cycle (July 1 – June 30).
Active Users Participating
Member Agency
Fee
Contributing
Member Agency
Fee
1-9 $ 40,000.00 $ 30,000.00
10-24 $ 50,000.00 $ 45,000.00
25-49 $ 70,000.00 $ 60,000.00
50-99 $ 85,000.00 $ 70,000.00
100-199 $ 95,000.00 $ 75,000.00
200+ $ 110,000.00 $ 80,000.00
Active ARJIS accounts are calculated by subtracting from the respective agency’s total number of the users those accounts which show “Never Logged In”; “Must Change Password” and “Password Expired” status at the time of billing.
Charter Member Agency Fees
In FY 2024, Charter Member Agencies will be charged a flat fee for the ARJIS Standard Service Package based on 2020 Census figures which were initially presented. In future fiscal years, the proportion of the region’s population residing in each jurisdiction will be based on the most recent SANDAG Population Estimates to ensure population growth and declines are accurately accounted for. The County of San Diego fee will be based on the population of all unincorporated areas. The portion of the annual budget charged to Charter Member Agencies will be calculated by subtracting anticipated Participating and Contributing Member Agency Fees and grant revenues from the approved ARJIS annual budget.
Billing
Payment is due within 30 days of receiving the invoice. 11 ARJIS Standard Service Package
Participating Member Agency Contributing Member Agency Charter Member Agency Access to ARJIS Network Access to ARJIS Network Access to ARJIS Network Data Repository Standardization Data Repository Standardization Data Repository Standardization Application Tools Application Tools Application Tools
Security Center Security Center Security Center
Help Desk Help Desk Help Desk
Crime Mapping Crime Mapping Crime Mapping
Crime Statistics Crime Statistics Crime Statistics
User Group Community User Group Community User Group Community Software Licensing Contracts Software Licensing Contracts Software Licensing Contracts AB 1747 Monthly Reports AB 1747 Monthly Reports AB 1747 Monthly Reports Data Entry Data Entry
Regional Validation Table
Updates
Regional Validation Table
Updates
Interfaces and Maintenance Interfaces and Maintenance
Monthly Mandated Crime
Reporting
12