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HomeMy WebLinkAboutSANDAG; 1980-12-01;JOINT POWERS AGREEMENT - AS AMENDED JANUARY 2004 AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY THIS AGREEMENT is made among those Public Agencies named below that execute this Agreement. RECITALS WHEREAS, Public Agencies realize that there is a need for continued operation, maintenance, enhancement and implementation of the Automated Regional Justice Information System (ARJIS) in order 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, Public Agencies believe that the joint exercise of their powers as a Joint Powers Agency (JPA) will provide a decision-making body capable of continuing the operation, maintenance and implementation of the Automated Regional Justice Information System; and WHEREAS, Public Agencies believe that the San Diego Association of Governments (SANDAG) should serve as the administrator of the ARJIS JPA in order to efficiently incorporate the work done by ARJIS with the work done by SANDAG in the San Diego region, WHEREAS, this Joint Powers Agreement of December 1, 1980, was amended on July 1, 1990, and January 23,1998, and the Public Agencies wish to amend it again to implement a consolidation of effort with SANDAG. NOW THEREFORE, in consideration of recitals and the mutual obligations of the parties as herein expressed, Public Agencies agree as follows: 1. Definitions The following terms shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise: a) “Administrative Member” shall mean SANDAG. As the “Administrative Member” SANDAG shall have the same rights as any of the Public Agencies, shall provide in- kind contributions rather 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 Public Agency representatives. b) “Advisory Members” shall mean those members who serve on the ARJIS governing board in an advisory capacity, without voting rights. Advisory Members may contract with SANDAG for the services provided to the Public Agencies. c) “Associate Members” shall mean those agencies other than Member Agencies who conduct public safety activities or general purpose local governments outside San Diego County, who are at any given time asked to serve on the ARJIS governing board as Page 1 of 12 voting members. Associate Members may contract with SANDAG for the services provided to the Public Agencies. “Fiscal Year” shall mean that year beginning July 1, and ending June 30. “Member Agencies” shall collectively refer to all of the voting members on the ARJIS governing board, whether they be the Administrative Member, Associate Members, and/or Public Agencies. “Public Agencies” shall mean those units of government who are at any time a party to the Agreement, including, but not limited to, the Administrative Member, SANDAG. Status There is hereby created a JPA to be known and denominated as the ARJIS which shall be a public entity separate and apart from any Member Agency or Associate Member with the exception of the Administrative Member. ARJIS shall be governed by the terms of this Joint Powers Agreement, by any policies passed and adopted by the ARJIS governing board, and by the statutes, rules, regulations, policies or procedures that govern SANDAG. The ARJIS governing board shall serve and be known as SANDAG’s Public Safety Policy Advisory Committee (“PSPAC”). 3. Purpose The specific and primary purpose for which the ARJIS is created is to assist the Public Agencies by providing the Public Agencies and those who contract with ARJIS, state-of-the-art criminal justice information technology that enhances both officer and public safety. ARJIS is. the convening agency for regional justice technology, and provides its members with seamless, cross- jurisdictional access to essential, accurate real-time data via a secure criminal justice enterprise network. 4. Liabilities & Powers a. The debts, liabilities and obligations of ARJIS shall not constitute any debt, liability or obligation of any of the Public Agencies that are parties to this Agreement except SANDAG. All ARJIS debts, liabilities, and obligations shall be paid from the separate assets and accounts of the ARJIS, which shall be maintained by the Administrative Member. b. The ARJIS shall not have power to contract or to sue or be sued in its own name. All claims for money or damages against the ARJIS shall be made against SANDAG and shall be governed by Division 3.6 (commencing with Section 8 10) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable to SANDAG. C. The ARJIS shall not hire a staff, but shall use the staff of SANDAG and shall compensate SANDAG for the use of those staff services. The ARJIS may also utilize staff from other public agencies under contractual agreements. Page 2 of 12 d. As of the effective date of this Agreement, the ARJIS may not make new contracts or enter into stipulations of any nature whatsoever, including, but not limited to, contracts and stipulations to indemnify and hold harmless, or to employ labor. All such powers shall be held by SANDAG. SANDAG shall carry out these powers and do all other acts necessary and convenient for the full exercise of the ARJIS powers. Effective July 1,2004, all contracts, stipulations, or agreements previously entered into by the ARJIS shall be transferred to SANDAG. 5. Financial Matters a. Auditor/Comptroller & Treasurer. SANDAG shall be the depository of funds of ARJIS and the SANDAG Director of Finance shall be the ex-officio Treasurer of ARJIS. The Treasurer of the ARJIS shall file an official bond in the amount of $100,000. The Auditor/Comptroller of SANDAG shall be the ex-officio Auditor/Comptroller of ARJIS and shall draw warrants or check-warrants against the fhds of ARJIS in the Treasury when the demands are approved by the PSPAC, or such other persons as may be specifically designated for that purpose in MIS 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 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 of ARJIS shall establish and maintain such funds and accounts as may be required by good accounting practice or bylaws passed and adopted by this Agency. The books and records of ARJIS in the hands of the Auditor/Comptroller shall be open to inspection at all reasonable times by representatives of the Public Agencies. The Auditor/Comptroller of ARJIS, 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 Member Agencies and Advisory Members. Said financial report shall be accompanied by a financiaVcompliance 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 of ARJIS shall receive, have the custody of and disburse 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. ARJIS funds and accounts shall be segregated from SANDAG’s general funds and accounts. The Treasurer of ARJIS may invest ARJIS funds in accordance with general law. All interest collected on ARJIS funds shall be accounted for and posted to the account of such funds. d. Budget. The PSPAC shall recommend approval of a preliminary budget to the SANDAG Board no later than April 1 of each year. The PSPAC 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 preliminary budget shall be filed with each Public Agency. Page 3 of 12 e. Public Agency Financial Support. With the exception of SANDAG, responsibility for supplying funds for that portion of the budget for MIS which is to be supplied by the Member Agencies for operation, maintenance, enhancement and implementation of the system as adopted by the PSPAC and the SANDAG Board of Directors, shall be divided among the Public Agencies, including within its budget as funds to be supplied to the ARJIS that sum of money determined by taking the ratio its population bears to the total population of the region and multiplying it by that portion of the approved budget to be supplied by the Public Agencies. SANDAG shall supply the PSPAC with the official January 1 population figures from the California State Department of Finance Population Research Unit on an annual basis for purposes of this calculation. Payment of membership funds shall be made by each Public Agency by July 15 of each year. If payment by a Public Agency has not been made by September 1 of each year, that Public Agency shall cease to be a participating member of the ARJIS, and its representative shall no longer participate or vote as a member of the PSPAC. A delinquent Public Agency will be reinstated to participating membership and its representative allowed to participate on the PSPAC when full payment has been made, including interest computed from July 15 at the average interest earning rate as determined by the Treasurer. f. Associate and Advisory Members Financial Support. All Associate and Advisory Members who use the system shall be individually charged and pay to the ARJIS a reasonable share of the total cost of operation, maintenance, enhancement and implementation of the system as determined by the PSPAC. Associate and Advisory Members who access the computer shall be charged for computer time, network time, and application development at a rate agreed to by the Board of Directors. Associate and Advisory Members shall also make an annual payment of a determined sum in accordance with the provisions of the contract between SANDAG and the Associate or Advisory Member. If payment by an Associate or Advisory Member has not been made by September 1 of each year, that member shall cease to be a participating member of the MIS, and its representative shall no longer participate or vote as a member of the PSPAC. A delinquent member will be reinstated to participating membership and its representative allowed to participate on the PSPAC when full payment has been made, including interest computed fkom July 15 at the average interest earning rate as determined by the Treasurer. g. Administrative Agency Financial Support. SANDAG shall determine charges to be made against the ARJIS for the services provided by SANDAG, which SANDAG deems are appropriate for reimbursement. Notwithstanding SANDAG’s status as a Public Agency Member, SANDAG shall not be required to contribute hnds toward ARJIS under Section 5(e), but shall instead provide in-kind contributions in an amount to be approved by the PCPAC and the SANDAG Board. 6. Governance a. All powers of the ARJIS shall be exercised by the SANDAG Board of Directors. The SANDAG Board of Directors shall delegate responsibilities to the PSPAC consistent with its purpose. The membership of the PSPAC shall be composed of one primary representative selected by the governing body of each Member Agency and Advisory Member Agency to serve until recalled by the governing body of said member. Each Member Agency representative must be a mayor, council-person, or supervisor of the governing body which selected hider, or other appropriate official selected by the governing body. Each Advisory Member Agency representative Page 4 of 12 must be selected by the governing body of that agency. Vacancies shall be filled in the same manner as originally selected. Each Member Agency and Advisory Member Agency shall also select, in the same manner as the primary representative, one alternate to serve on the PSPAC when the primary representative is not available. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the PSPAC, as the primary representative. b. At its discretion, each Member Agency and Advisory Member Agency may select a second alternate, in the same manner as the primary representative, to serve on the PSPAC in the event that neither the primary representative nor the regular alternate is able to attend a meeting of the PSPAC. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the PSPAC, as the primary representative. c. Upon recommendation of the PSPAC, SANDAG may at any time authorize other agencies to join the ARJIS as Associate or Advisory Members. Each Associate Member shall be allowed to vote in accordance with the provisions of this Agreement. SANDAG may allow for the appointment of additional Advisory Members to sit with the PSPAC, but in no event shall said representatives be allowed a vote. Each Associate and Advisory Member shall designate a primary representative and, at its discretion, one or two alternates. d. Each PSPAC representative, or designated alternate acting in a representative’s absence, may receive reimbursement from ARJIS for out-of-pocket and travel expenses incurred by such representative or alternate on approved ARJIS business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each Member Agency representative, or designated alternate acting in a Member Agency representative’s absence, shall receive $100.00 from ARJIS for each PSPAC meeting attended, as well as travel expenses incurred. e. The Chair of the SANDAG Board of Directors shall appoint the Chair and Vice Chair of the PSPAC in accordance with the policies and procedures that apply to all SANDAG policy advisory committees. 7. Membership of the Public Safety Policy Advisory Committee The members selecting the representatives to serve on the PSPAC as of the effective date of this Agreement shall be: a. Public Agencies: The Public Agencies shall be represented by four elected officials selected from each of the four subregions defined in the SANDAG Bylaws, one elected official selected by the City of San Diego, and one elected official selected from the County of San Diego. All six of the Public Agency representatives must be SANDAG Board Members or alternates and shall represent SANDAG. Each Public Agency that has selected a representative to serve on the PSPAC must be a member in good standing with all dues fully paid to ARJIS in order to participate on the PSPAC. b. Associate Members: One person selected by the County Sheriff, one person selected by the State public safety agencies, one person selected from the Regional Homeland Security Committee, and 2 persons selected by the County Chiefs & Sheriffs Association. The number and representation of Associate Members may be modified by a SANDAG Board action amending SNAG Board Policy. Page 5 of 12 c. Advisory Members: Two persons selected by the Federal public safety agencies, one person selected fiom the San Diego County District Attorney’s or Probation Department Offices, and one person selected by the courts. The number and representation of Advisory Members may be modified by SANDAG Board action amending SANDAG Board Policy. 8. Voting (a) The PSPAC shall vote on all items on the basis of one vote per Member Agency. 9. Meetings The PSPAC shall conduct monthly meetings in conjunction with regularly scheduled SANDAG meetings during the year and at such other times as the PSPAC or SANDAG Board shall direct. Parliamentary procedure at all meetings shall be governed by Roberts Rules of Order, Newly Revised, except as otherwise modified by this Agreement. 10. RalDh M. Brown Act All meetings of the ARJIS, including without limitation regular, adjourned regular, and special meetings of the PSPAC, 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. ouorum A majority of the voting members of the PSPAC shall constitute a quorum for the transaction of business. 12. Procedures to be Followed a. Pursuant to Government Code Section 6509, which requires that the powers of ARJIS be limited by the legal restrictions placed upon a named Member Agency, the powers of ARJIS shall be subject to those legal restrictions imposed upon SANDAG by the Constitution of the State of California and the laws governing it. b. The PSPAC shall adopt SANDAG’s administrative regulations establishing the procedures and policies for contracting and approving change orders. 13. Duration of Agreement This Agreement shall continue in full force and effect until Public Agencies representing more than 50% of the population of the San Diego region withdraw fiom this Agreement by resolution. Page 6 of 12 14. Disposition of Assets UDon Termination Upon termination of this Agreement any money or assets in possession of SANDAG on behalf of the ARJIS after the payment of all liabilities, costs, expenses and charges validly incurred under this Agreement shall be returned to the Public Agencies in proportion to their contributions determined as of the time of termination. In-kind contributions made by SANDAG shall be included in this determination. 15. Effective Date of Agreement This Agreement became effective for all purposes at 12:Ol a.m. July 1, 1990. The most recent amended version of the Agreement shall become effective January 1,2004. Notwithstanding the foregoing, the consolidation of ARJIS finances with SANDAG will not occur until July 1,2004. Applicable portions of Section 5 of this Agreement will not go into effect until the consolidation of finances occurs. 16. Later Participating Member Agencies a. Any San Diego County incorporated city that incorporated after January 1, 2004, that may desire to participate in the activities of ARJIS may do so by executing this Agreement without prior approval or ratification of the Public Agencies and shall be bound by the terms of this Agreement as of the date of execution. The County of San Diego, and the cities in the County which were incorporated on December 1, 1980, who did not execute this Agreement by December 1, 1980 which desire to participate in the activities of ARJIS may do so by executing this agreement without prior approval or ratification of the existing Public Agencies and paying an initial membership charge which may be established and required by SNAG to offset a portion of the initial start-up costs paid by the Charter Public Agencies, and shall be bound by the terms of terms of this Agreement as of the date of execution. Said membership charge shall not be required of cities that as of December 1, 1980, contracted with the County of San Diego for public safety services, and become a Public Agency after December 1, 1980. Any later participating Public Agency shall receive one (1) vote under the single vote procedure. b. Any entity that contracts for ARJIS services that wishes to become an Associate or Advisory Member of the PSPAC may submit a written request to the PSPAC identifying how their membership on the PSPAC will further the mission of the PSPAC andor SANDAG, their history and purpose, and at what level they would like to participate with regard to voting rights and membership fees. If the PSPAC determines the addition of the potential member is advantageous, it may make a recommendation to the SANDAG Board to add the potential member. The SANDAG Board shall make the final determination regarding whether to supplement the PSPAC with additional or different Affiliate or Advisory Members. 17. Ameement Repository A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be filed with the authorized representative of each Public Agency. Page 7 of 12 18. Information Privacv & 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 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 PSPAC shall, at the call of the PSPAC, conduct an annual certification of the information to assure compliance. b. All intellectual property owned by the AFUIS as of the effective date of this Agreement (pursuant to Section 15 herein) including, but not limited to, electronic data, shall remain the property of the ARJIS. If pursuant to agreement, the ARJIS serves as a custodian of data it does not own, that data shall presumptively remain the property of the contributing entity and may not be treated as a public record. The ARJIS may not disclose electronic data or other intellectual property for which it is a custodian to third parties without the approval of the entity that owns the property. 19. Amendments Proposed amendments may be originated by any member of the PSPAC or by the SANDAG Board of Directors. Amendments to this Agreement shall require the vote of two thirds (2/3) of the Member Agencies who are members of ARJIS at the time the amendment is proposed. IN WITNESS WHEREOF, each of the following Public Agencies has caused this Joint Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized therefore by the legislative body of that Agency. Page 8 of 12 Adopted 12/86 Amended 7/90 Amended 1/98 Amended 1/04 Page 9 of 12 October 2, 1990 Ms. Nancy Angus ARGIS 5975 Santa Fe Street San Diego, CA 92109 JOINT POWERS AGREEMENT FOR THE AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM (ARJIS) The Carlsbad City Council, at its meeting of September 25, 1990, adopted Resolution No. 90-349, approving the amended Joint Powers Agreement for the Automated Regional Justice Information System (ARJIS). Enclosed for your records is a copy of the fully executed Resolution. Also enclosed is the original amended Agreement pertaining to the above. Please return a copy of the fully executed amended agreement to our office. Linda Cota Secretary Enclosures lc 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2808 . JOINT POWERS AGREEMENT AUTOMATED REGIONAL JUSTICE INFORMATION BYBTEM JOINT POWER8 AGENCY THIS AGREEMENT is made among those Public Agencies named below which execute this Agreement. RECITAL8 WHEREAS, Public Agencies realize that there is a need for continued operation, maintenance, enhancement and implementation of the Automated Regional Justice Information System in order to provide improved law enforcement capabilities to the San Diego region by an effective and efficient use of electronic data processing technology capabilities; and WHEREAS, Public Agencies believe that the joint exercise of their powers will provide an agency capable of continuing the operation, maintenance and implementation of the Automated Regional Justice Information System, NOW THEREFORE, in consideration of recitals and the mutual obligations of the parties as herein expressed, Public Agencies agree as follows: 1. Definitions The following terms shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise: (a) "Contract Agency" shall mean any authorized agency who enters into a contract with the Automated Regional Justice Information System Joint Powers Agency to access the Automated Regional Justice Information System. lb) "Ex-officio Agency *I shall mean those agencies other than general purpose local governments as defined in Section 6500 of the Government Code who conduct law enforcement activities and general purpose local governments outside San Diego County who are at any given time a party to this Agreement. (cl "Fiscal Year" shall mean that year beginning July 1, and ending June 30. (d) "Member Agencies" shall mean those units of general purpose local government, within the County of San Diego, who are at any time a party to this Agreement. W llPopulationlt of any Member Agency shall mean that population last determined for each Member Agency as certified by 1 the State Department of Finance as of January 1, of each year, or if no certification has been made, the last Federal Decennial Census, except that the population of the County of San Diego shall be that population determined in the same manner for the unincorporated area of the County. The population of the region shall be that population determined by adding the population of each Member Agency. 2. Establishment owe Aaenc There is hereby created an agency to be known and denominated as the Automated Regional Justice Information System Joint Powers Agency (ARJIS) which shall be a public entity separate and apart from any Member or Ex-officio Agency. ARJIS shall be governed by the terms of this Joint Powers Agreement and any bylaws passed and ,adopted by the governing board. 3. PurDose of Aaencv The specific and primary purpose for which this agency is created is to assist Member Agencies by providing and continuing the operation, maintenance, enhancement and implementation of those telecommunication features initiated under the State Office of Criminal Justice grant agreement #A-2469-5-A-79. In addition, this agency may pursue development of other computerized systems to meet law enforcement needs and requirements in the region. 4. Powers of ARJIS Board of Directors As may be necessary for the accomplishment of the purposes of this Agreement, ARJIS shall have the power, in its own name, to make and enter into contracts; to,employ agents and employees; to provide for employee retirement, health and welfare benefits; to acquire, hold and dispose of property, real and personal: to sue and be sued in its own name; to'hire legal counsel and to incur debts, liabilities or obligations. However, the debts, liabilities and obligations of ARJIS shall not constitute any debt, liability or obligation of any of the Member or Ex-officio Agencies which are parties to this Agreement. The Treasury of the City of San Diego shall be the depository of funds of ARJIS and the Treasurer of the City of San Diego shall be the ex-officio Treasurer of ARJIS. The Auditor/Comptroller of the City of San Diego shall be the ex- officio Auditor/Comptroller of ARJIS and shall draw warrants or check-warrants against the funds of ARJIS in the Treasury when the demands are approved by the Board of Directors, or such other persons as may be specifically designated for that purpose in the bylaws. 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. The City of San Diego shall determine reasonable charges to be made against ARJIS for the services of the Treasurer and Auditor/Comptroller. At the end of each fiscal year there shall 2 . . be an audit conducted by an independent, accredited certified public account. 5. Accounts and Renorts The Auditor/Comptroller of ARJIS shall establish and maintain such funds and accounts as may be required by good accounting practice or bylaws passed and adopted by this Agency. The books and records of ARJIS in the hands of the Auditor/Comptroller shall be open to inspection at all reasonable times by representatives of the Member and Ex-officio Agencies. The Auditor/Comptroller of ARJIS, 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 Member and Ex-officio Agencies. Said financial report shall be accompanied by a financial/compliance opinion by .an independent, accredited certified public accountant. 6. Funds The Treasurer of ARJIS shall receive, have the custody of and disburse ARJIS funds upon the warrant or check-warrant of the Auditor/Comptroller (i) pursuant to the accounting procedures developed under Section 5 hereof, and (ii) as nearly as possible in accordance with normal City of San Diego procedures, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. The Treasurer of ARJIS may invest ARJIS funds in accordance with general law. All interest collected on ARJIS funds shall be accounted for and posted to the account of such funds. 7. Governina Board of ARJIS All powers of the Agency shall be exercised by the Board of Directors. The Board of Directors shall be composed of one primary representative selected by the governing body of each Member Agency to service until recalled by the governing body of said Member Agency. Each Member Agency director must be a mayor, council- person, or supervisor of the governing body which selected him/her, or other appropriate elected official selected by the governing body. Vacancies shall be filled in the same manner as originally selected. Each Member Agency shall also select in the same manner as the primary representative one alternate to serve on the Board of Directors when the primary representative is not available. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative. At its discretion, each Member Agency may select a second alternate, in the same manner as the primary representative, to serve on the Board of Directors in the event that neither the primary representative nor the regular alternate is able to attend a meeting of the Board of Directors. Such alternate shall be 3 - subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative. The Board of Directors may at any time authorize other agencies as defined in Section 6500 of the Government Code which conduct law enforcement activities (hereinafter referred to as ltEx-officio Agencies") to join the Board of Directors. Each Ex-officio Agency shall be allowed to vote in accordance with the provisions of Section 8. The Ex-officio Agency shall designate a primary representative and alternate. The United States Department of Justice and the Attorney General of the State of California may join as charter Ex-officio members, or at any later time become Ex-officio members by executing this Agreement. The Board of Directors may allow for the appointment of advisory representatives to sit with the Board of Directors, but in no event shall said representatives be allowed a vote. Each director, or designated alternate acting in a director's absence, may receive reimbursement from ARJIS for out-of-pocket and travel expenses incurred by such director or alternate on approved agency business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each Member Agency director, or designated alternate acting in a Member Agency director's absence, who does not serve as a SANDAG board member, shall receive $75.00 for each Board meeting attended, as well as travel expenses incurred. 8. Vote of Board of Directors (a) The Board of Directors shall vote on all items on the basis of one vote per Member and Ex-officio Agency, except that if representatives of three Member Agencies request a weighted vote after voting on any particular item, then in that event a new weighted vote which will be final and binding, shall be taken. Ex- officio Agencies shall not have a weighted vote. (b) When the weighted vote is taken there shall be a total of one hundred votes, except additional votes shall be allowed pursuant to Section 19. The representatives of the Member Agencies shall be entitled to 100 votes, with each representative having that number of votes determined by the following apportionment formula, provided that each Member Agency shall have at least one vote, and there shall be no fractional vote: 1. Determine each Member Agency's population using figures from the Department of Finance. 2. Total the population determined in step 1 and compute percentage of this total that each Member Agency has. 4 3. Boost fractions that are less than one to one; add whole numbers. 4. If the answer to step 3 is 100, drop all fractions and the whole numbers are the votes for each Member Agency. 5. If the answer to setup 3 is less than 100, the remaining vote(s) is allocated one each to that Member Agency(s) having the highest fraction(s) excepting those whose vote was increased to one (1) in step 3 above. 6. If the answer to step 3 is more than 100, the excess vote(s) is taken one each from that Member Agency(s) with the lowest fraction(s). In no case may a vote be reduced to less than one. 7. Cities which contract with the County of San Diego for law enforcement services to be provided by the Sheriff shall be included in the computation of the weighted vote whether or not the city is a Member Agency. If said City is not a Member Agency, its weighted vote shall be added to the County total. (c) When the weighted vote is taken, the vote of not less than five (5) Member Agencies, representing not less than fifty-one percent (51%) of the total weighted vote of the Member Agencies shall be required to supersede the original action. If the weighted vote fails, action determined by the original vote shall stand. The weighted vote shall be recomputed in the above manner July 1 each year. 9. Meetinas The Board of Directors shall conduct meetings quarterly in conjunction with regularly scheduled SANDAG meetings during the year and such other times as the Board of Directors shall direct or the bylaws specify. 10. Bvlaws The Board of Directors of ARJIS may adopt from time to time bylaws, rules and regulations as may be required for the conduct of its meetings and the orderly operation of the Agency; and copies and amendments thereto shall be filed with each and Member and Ex- officio Agency. 11. Chief Executive Officer The Board of Directors shall appoint a Chief Executive Officer 5 who shall hold office until he/she resigns or is removed by the Board of Directors. The Chief Executive Officer shall have such duties as may be prescribed by the Board of Directors. The Chief Executive Officer shall have charge of all projects and property of the Agency and shall file with the Treasurer of ARJIS an official bond in the minimum amount of $100,000 or such larger amount as the Board of Directors specifies, guaranteeing faithful performance of his/her duties. 12. FinanciaL (a) The Board of Directors shall approve a preliminary budget no later than April 1 of each year. The Board of Directors shall adopt a final budget no later than July 1 of each year. A copy of the preliminary budget when approved and a copy of the final budget when adopted shall be filed with each Member and Ex-officio Agency. (b) Responsibility for supplying funds for that portion of the budget for ARJIS which is to be supplied by the Member Agencies for operation, maintenance, enhancement and implementation of the system as adopted by the Board of Directors, shall be divided among the Member Agencies including within its budget as funds to be supplied to ARJIS that sum of money determined by taking the ratio its population bears to the total population of the region and multiplying it by that portion of the approved budget to be supplied by the Member Agencies. Payment of this determined sum of money shall be made by each Member Agency by July 15 of each year. If payment by a Member Agency has not been made my September 1 of each year, that Member Agency shall cease to be a participating member of ARJIS, and its representative shall no longer participate or vote as a member of the Board of Directors. A delinquent Member Agency will be reinstated to participating membership and its representative allowed to participate on the Board of Directors when full payment has been made, including interest computed from July 15 at the average interest earning rate as determined by the Ex-officio Treasurer. Ex-officio and Contract Agencies shall make payment of this determined sum in accordance with the provisions of the contract between ARJIS and the Ex-officio or Contract Agency. All Ex-officio and Contract Agencies who use the system shall be individually charged and pay to ARJIS a reasonable share of the total cost of operation, maintenance, enhancement and implementation of the system as determined by the Board of Directors. (c) Member Agencies, Ex-officio Agencies and Contract Agencies who access the computer shall be charged for computer time at a rate agreed to by the Board of Directors. 6 13. Ralvh M. Brown Act - All meetings of ARJIS, including without limitation regular, adjourned regular, and special meetings of the Board of Directors, 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). 14. Quorum A majority of the voting members of the Board of Directors of ARJIS shall constitute a quorum for the transaction of business. In determining a quorum, the weighted vote shall not be used. 15. Procedures to be Followed Pursuant to Government Code Section 6509, which requires that the powers of ARJIS be limited by the legal restrictions placed upon a named Member Agency, the powers of ARJIS delineated under Section 4, above, shall be subject to those legal restrictions imposed upon the City of La Mesa by the Constitution of the State of California and the laws governing general law cities. The Board of Directors shall adopt administrative regulations establishing the procedures and policies for directing and approving change orders which at a minimum shall require that any user request for changes in the program or priorities established by the Board of Directors shall require Board of Directors approval. 16. Duration of Aareement This Agreement shall continue in full force and effect until Member Agencies representing more than 50% of the population of the region withdraw from this Agency by resolution. 17. Disvosition of Assets Uvon Termination Upon termination of this Agreement any money or assets in possession of the Agency after the payment of all liabilities, costs, expenses and charges validly incurred under this Agreement shall be returned to the Member Agencies in proportion to their contributions determined as one of the time of termination. 18. Effective Date of Aureement The Agreement shall become effective for all purposes at 12:Ol a.m. July 1, 1990. I . 19. Later Particivatinu Member Acrencies Any San Diego County incorporated city which incorporated after December 1, 1980, which may desire to participate in the activities of ARJIS may do so by executing this Agreement without prior approval or ratification of the Member Agencies and shall be bound by the terms of this Agreement as of the date of execution. The County of San Diego, and the cities in the County which were incorporated on December 1, 1980, who did not execute this Agreement by December 1, 1980 which desire to participate in the activities of ARJIS may do so by executing this agreement without prior approval or ratification of the existing Member Agencies and paying an initial membership charge which may be established and required by the Board of Directors to offset a portion of the ,initial start-up costs paid by the Charter Member Agencies, and shall be bound by the terms of terms of this Agreement as of the date of execution. Said membership charge shall not be required of cities who as of December 1, 1980, contract with the County of San Diego for law enforcement services, and become a Member Agency after December 1, 1980. Any. later participating Member Agency shall receive one (1) vote under the single vote procedure and one (1) vote under the weighted voting procedure specified above until the next recomputation of the weighted vote as specified in Section 8 above, at which time said later participating Member Agency shall receive votes in accordance with the formula specified in said Section 8. Until such recomputation, the total weighted vote may exceed 100. 20. Aureement Revositorv A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be filed with the authorized representative of each Member and Ex-officio Agency. 21. Comvliance 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 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 Board of Directors shall, at the call of the Board of Directors, conduct an annual certification of the information to assure compliance. 8 22. Amendments Proposed amendments may be originated by Member and Ex-officio Agencies or any member of the Board of Directors. Amendments to this Agreement shall require the vote of two thirds (2/3) of the Member Agencies who are members of ARJIS at the time the amendment is proposed. IN WITNESS WHEREOF, each of the following Public Agencies has caused this Joint Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized therefor by the legislative body of that Agency. Adopted 12/80 Amended 7/w 9 ) . - CITY OF CARLBBAD Signatory Page 1 CITY OF CBULA VISTA BY 6/90 By Mayor Date CITY OF CORONADO CITY OF DEL MAR BY Mayor Date BY Mayor Date CITY OF EL CAJON CITY OF ENCINITAS BY Mayor Date BY Mayor Date CITY OF ESCONDIDO CITY OF IMPERIAL BEACH BY BY Mayor Date Mayor Date CITY OF LA MESA CITY OF LEMON GROVE BY Mayor Date BY Mayor Date 10 CITY OF NATIONAL CITY Signatory Page 2 CITY OF OCEANSIDE BY Mayor Date BY Mayor Date CITY OF POWAY CITY OF SAN DIEGO BY Mayor Date BY Mayor Date CITY OF BAN MARCO8 CITY OF SANTEE BY Mayor Date BY Mayor Date CITY OF SOLANA BEACH CITY OF VISTA BY Mayor Date BY Mayor Date COUNTY OF SAN DIEGO BY Supervisor Date 11