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HomeMy WebLinkAbout1991-06-25; City Council; 11209; COST SHARING AGREEMENT FOR DARE PROGRAM0 UJ r& IL a >o a Z 0 I- o a J G z 3 0 0 c ‘5% - AB # 1 \ 2cc/ TITLE: DE CI‘ DEPT. RECOMMENDED ACTION: Adopt Resolution No. 9 1-1 $8 approving the cost sharing agreement between the Ci. Carlsbad, the Carlsbad Unified School District and the Encinitas Union School Distri for the Drug Abuse Resistance Education (DARE) Program for fiscal year 1990-91. ITEM EXPLANATION: CI~F CARLSBAD - AGEND~ILL MTG. 6-25-7 / COST SHARING AGREEMENT FOR DARE PROGRAM CI’ -FcK--- The City has agreed to provide the Carlsbad and Encinitas school districts with the DARE Program for their elementary schools for fiscal year 1990-91. The City has al! agreed to provide the DARE Program to Carlsbad school district’s junior high and hi schools. The Police Department has staffed one DARE officer to Carlsbad and Encinitas elementary schools and one to Carlsbad junior high and high schools in accordance with the agreement. Each school district has agreed to pay for one-half cost of their program, The cost of each officer is $50,000, Carlsbad Unified School District’s cost share for the DARE Program for the elementary, junior high and high schools is $43,750; Encinitas Union School District’s cost share for the elementary school is $6,250 - a total of $50,000. FISCAL IMPACT: The cost sharing payments of $50,000 will be placed into the General Fund Expens Account and used to offset the cost of the DARE Program to the City. EXHIBITS : 1. Resolution No. 011 -I%%. 2. Agreement with Carlsbad Unified School District. 3. Agreement with Encinitas Union School District. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w w RESOLUTION NO. 91-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COST SHARING AGREEMENT FOR THE DARE PROGRAM BETWEEN THE CITY OF CARLSBAD, CARLSBAD UNIFIED SCHOOL DISTRICT AND ENCINITAS UNION SCHOOL DISTRICT The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the cost sharing agreement for the Dare Program, attached hereto as Exhibit 2, between the City of Carlsbad and the Carlsbad Unified School District is hereby approved. 2. That the cost sharing agreement for the Dare Program, attached hereto as Exhibit 3, between the City of Carlsbad and the Encinitas School District is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authoriz and directed to execute said agreements for and on behalf of the City of Carlsbad, California on the 25th day of June , 1991 by the following vote to wit: AYES: Council Members Lewis, Kulchin, Larson, and Stanton NOES: None ABSENT: Council Member Nygaard /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 m ACFZ, VINCENT F. BIONDO, J RONALD R. BALL Assistant City Attorney ATTEST: .. ALETHA L. RAUTENKRANZ, City tied i 20 21 22 23 24 25 26 27 28 1 ,. L m 0 u 1 COST SH;4RING AGREEHENT This agreement is made and entered into at Carlsba California, this 22 day of February , 19% by the City Carlsbad, a municipal corporation, hereinafter called l*CityIf, a Carlsbad Unified School District, a unified school distric hereinafter called "School Districtf1. WHEREAS, the City and the School District find that would be mutually beneficial to share the costs of the Drug au: Resistance Ed sation program, hereinafter called D.A.R.E., t parties agree as follows: The City agrees to provide the School District with l elementary school D.A.R.E. program as described in exhibit IrA" ai the School District agrees to pay the City a sum certain of $18,7! toward the cost of this program. The City agrees to provide the School District with high school and junior high school D.A.R.E. program as described : exhibit trBfc and the School District agrees to pay City a SI certain of $25,000 toward the cost of this program. MODIFICATIONS AND SCHEDULING Descriptions of the programs in exhibitJIA1l and "B" a1 general guidelines only and minor modifications may be made by tf City. Scheduling of the programs is at the discretion of the Citl CONDITIONS This agreement is based on the following assumptions: 1) Addition of a second D.B.R.E. officer is approved by tl city; 2) Encinitas Unified School District agrees to provic $6,250 toward the cost of the elementary D.A.R.1 program. t, c 3 m a 3) School enrollment at Carlsbad Unified School District a Encinitas Unified School District is approximately t same in the 1990/1991 school year as in the 1989/19 school year. If any of the three assumptions above prove to be fals this agreement is VOID. TERM OF AGREEMENT The term of this agreement extends from July 1, 1990 to June 30, 1991. METHOD AND TIME OF PAYMENT The School District agrees to pay the city in tl following manner: Upon receipt of an itemized invoice not to exceed $43,750 under the terms of this agreement. CITY EMPLOYEES City employees who perform duties under this agreemen are not, for any purpose whatsoever, employees of the Schao District. CEIXLSBAD UNIFIED SCHOOL DISTRICT CITY OF CARLSBAD BY Mayor nTt1e"' APPROVED AS TO FORM: ATTEST: VINCENT F. BIONDO, JR. City Attorney ALETHA L. RAUTENMZ BY Approved by the Governin city Clerk KAREN J. HIRATA Deputy City Attorney of the Carlsbad Unified District at a Regular Me May 8, 1991. a r8 m e Exhibit A The primary emphasis of the DARE program fs assisting students in rcco@mg ad resisting the pressures exerted on them to experimtm with dnrgs. A semester course WiIT be given to students in the& Iast year at each elementary school. Topics covered will include but not be limited to: Shawing students how to say no to peers who offer them drugs. Developing self-esteem. Being assertive, Understanding the social pressures whlch encourage drug use. Leaming positive things they can do instead of using drugs. An abbreviated program will dm be given to children from kfndergarten the fifth grade. me eiementaxy pmgram d be administered and presented by one poU. otncer. - % *. "* (c, e Elnhibit B Hfgh school Levei - The Drug Resistance Prow administered by the police department a1 high school level WLIl indude but not be ltmtted to: Drug Education Dealing with and resisting media pressure Decfsion making Alcohol and DrMng Understanding personal rfghts and responsibilities coping with anger and conflfct without drugs A semester come will be given to students during their attendance at mandatory health education classes. High school students who are not enrolled in the health education dasse: who have already completed the classes will receive an abbreviated progr; Junior High S&d k~d - The Drug Resistance Program at the Junior High level will include but RO~ be limited to: Reinforcing tecblques for saying no t9,others who offer drugs Feeling good' about oneself Befng asserUvc Understandfng the social pressures which encourage dmg use Decision rnaldng Understandhg personal rfghts and responslbtlfties A semester course will be given to students during the eighth grade. Students in other grades wiU recefve an abbreviated program. Both High School and Junior High School programs will be adminfstered and presented by one police officer. * * COST SHARING AGREEMENT This agreement is made and entered into at Carlsbad, this /& day of % , 1911 by the City of Carlsbz municipal corporation, hereinafter called "City", and Encir Union School District, hereinafter called "School District". WBEWlAS, the City and the School District find that it 1 be mutually beneficial to share the costs of the Drug 2 Resistance Education program, hereinafter called D.A.R.E., parties agree as follows: The City agrees to provide the School District wit elementary school D.A.R.E. program as described in exhibit "A the School District agrees to pay the City a sum certain of $t toward the cost of this program. MODIFICATIONS AND SCHEDULING The description of the program in exhibit "A" is a ger guideline only and minor modifications may be made by the ( Scheduling of the programs is at the discretion of the City. CONDITIONS This agreement is based on the following assumptions: 1) Addition of a second D.A.R.E. officer is approved b: 2) Carlsbad Unified School District agrees to prc $18,750 toward the cost of the elementary D.A program. City; 3) School enrollment at Carlsbad Unified School Distric Encinitas Union School District is approximately the in the 1990-91 school year as in the 1989-90 school ! If any of the three assumptions above prove to be fi this agreement is VOID. 0 L -- ~ I TERM OF AGREEMENT . The term of this agreement extends from July 1, 1990 to June 30, 1991. METHOD AND TIME OF PAYMENT The School District agrees to pay the City in the follow One-half (1/2) of the amount due will be paid no later th( December 31, 1990. will be p no later than June 30, 1991. manner: . The remaining one-half(l/2) CITY EMPLOYEES City employees who perform duties under this agreement t, for any purpose whatsoever, employees of the School Distri CLAUDE A. LEWIS Superintendsnt Title i APPROVED AS TO FORM: ATTEST: City Attorney ALETHA L, UTENKRANZ VINCENT F. BIONDO, JR. &/L ,dyh:i City Clerk /u e w 5. Exhibit A The primary emphasfs of the DARE program is assfstLng students ln recognizing and resisting the pressures exerted on them to experiment with drugs. A semester course will be given to students in thefr last year at each elemen- school. Topics covered will include but not be limlted to: Showing students how to say no to peers who offer them drugs. Developing self-esteem. Being asserthe. Understanding the social pressures which encourage drug use. Learning positive things they can do instead of using drugs. /m abbreviated program will also be given to children from kindergarten to the fifth grade. The elementary program will be admlnfstered and presented by one police omcer. m 0 c b AuX#lATED REGIONAL JUSTICE INFORMATION SYSTEM BOARD OF DIRECTORS BYLAWS rnTICLE! 1 NAME AND PURPOSE Section 1 The name of this Agency shall be the Automated Regional Just Information System Joint Powers Agency (hereinafter referred tc ARJIS). Section 2 The Agency was created for the purposes stated in the Joint Pocr Agreement of December 1, 1980, amended July 1, 1990. ARTICLE I1 MFlMBERSHIP AND ORGANIZATION Section 1 Membership in this Agency shall be as provided in the Joint Pow Agreement amended of December 1, 1980, July 1, 1990. Section 2 a. All powers of this Agency pursuant to the Joint Pow Agreement shall be exercised by the Board of Directors. Only the duly selected official representative, or in his/ absence, his/her duly selected alternate or alternates provided for in the Joint Powers Agreement, shall be entit to represent his/her Member or Ex-of f icio Agency in deliberations of the Board of Directors. Names of the official representative and alternates shall communicated in writing to the Agency upon its init formation by each participating Member Agency and sh thereafter be communicated at such other times as changes representation are made by Member or Ex-officio Agencies. b. c. Section 3 There shall be a Budget and Program Review Committee composed 1 m %he County Chief Administrative Officer, the City Manager of City of San Diego and three other City Managers appointed j among themselves. Section 4 a. There shall be a Management Committee composed of stanc members who shall be the Chief of Police or Sheriff of c Member Agency, and advisory members appointed by the Boar( Directors. b. Each standing member of the Management Committee shall 1 c. Whenever a member is not present at a meeting of one vote. Management Committee, a designated alternate selected by member may act as a member. d. There shall be a Users Committee composed of members of enforcement agencies who operate or use the system. The U: Committee shall be appointed by the Management Committee ratified by the Board of Directors. Section 5 The Board of Directors shall have the authority to appc additional committees or subcommittees and may provide for appointment of alternates to these committees. a. Additional standing committees may be appointed by the Bc of Directors as may be required to carry out general continuing functions and may be abolished only upon spec. action by the Board of Directors. Ad hoc specialized subcommittees may be appointed by the Bc of Directors as the need arises to accomplish specific ta, Upon completion of its assignment, each ad hoc subcornmi, shall disband. b. c. A simple majority of the appointed members of a commi shall constitute a quorum. ARTICLE I11 MEETINGS Section 1 a. A quorum for the meeting of the Board of Directors shal as provided for in the Joint Powers Agreement. b. A quorum shall be required for the conduct of any busines 2 0 a committee. No business shall be conducted by a commit without a quorum. All decisions by a committee shall be simple majority of the quorum. c. A simple majority of the appointed members of a commit Section 2 Parliamentary procedure at all meetings shall be governed Roberts Rules of Order, Newly Revised, except as otherwise modif by the Joint Power Agreement of these Bylaws. Section 3 The Secretary shall forward written notice of the meetings of Board of Directors, stating the time, location, and the agenda business to each Member and Ex-officio Agency and to the respect members and alternates of the Board of Directors not less than days prior to meetings. An item may be added to the agenda by the process described Government Code S54954.2. Upon finding that an item requiring immediate action by the Bc of Directors has arisen within 48 hours preceding a Board meeti then upon unanimous vote of all members present, the Board Directors may act upon such item. Section 4 The Board of Directors and committees shall meet according to following schedule. a. The Board of Directors shall meet quarterly and shall hold meetings in conjunction with regularly scheduled SAh meetings. An annual regular meeting shall be held during month of June. Special and emergency meetings may be cal on shorter notice in accordance with Government Code S54 and 554956.5. The Management Committee meetings shall be at least quart€ or whenever called by its Chairperson. The Chairperson of Management Committee shall notify the members of Management Committee of any such scheduled meetings at le five days prior to the scheduled date of the meeting. 1 a finding by the Chairperson that an item has arisen t requires immediate action, he/she may call a meeting on hours prior notice. Other standing committees and ad hoc specialized subcommitt sh’all meet whenever called by their respective chairpersc shall constitute a quorum. b. c. 3 w 0 ARTICLE IV OFFICERS AND TNE!IR DUTIES Section 1 The Board of Directors, and other standing committees shall I as elected officers a chairperson and vice chairperson, who members or alternates of their respective Board or committees. Chairperson and Vice Chairperson of the Management Committee sl be selected by the Board of Directors. The Chief Executive Off: shall be the Secretary of the Board and each standing committt a. The Chairperson shall preside over Board and commii meetings, and have general supervision of Board and commi' affairs. He/she shall sign all official documents T directed to do so by the Board and committees. Chairperson in his/her absence and perform any duties that c. In the event of the absence of both officers of the Boarc Directors, Management Committee, or other standing commit. the quorum of members present shall elect a chairperson tempore to preside for -s&-&t meeting. The Secretary, wii quorum present, shall call the meeting to order and pre: during such election of chairperson pro tempore; he/she SI immediately relinquish the chair upon completion of election. b. The Vice Chairperson shall perform the duties of Chairperson may require. Section 2 Election of officers of the Board of Directors shall be held at discretion of the Board. Officers for the Board of Directors shall be elected in following manner ; a. Nominations for any off ice may be made by Board members at meeting. b. The officers shall be elected by a majority of the vote c. All officers shall be elected for a term of one year and s serve until their successors are elected. They shall b their term of office at the close of the annual June meet those Board members present. 4 0 0 d. In the event that the Board member who has been elec Chairperson or Vice Chairperson is no longer a member of kaYd 6f Dif&!!k6Yf4, the b%k& shall h t!bfi.!?idelred vaeal?k e. Any vacated office of Chairperson or Vice Chairperson sh be filled at the next regular Board meeting by nominati from the floor, and a majority of votes from the memk present. Section 3 a. The Chief Executive Officer will be responsible to the X3 Board of Directors as set out in the Administrative Manual the administration of the ARJIS program, including: development of program objectives, definition, direction priorities; (2) general management of ARJIS program coordination of staff and support services; (3) development of financial support programs for AF activities; (4) the recommendation and submission of an anr execution of the adopted personnel, purchasing, and budget systems. The Chief Executive Officer shall perform such ot and additional duties as is necessary to carry out objectives and function of ARJIS and as directed by the Bc of Directors. b. Any additional staff support services provided by men agencies and other shall be coordinated by the Chief Execut Officer . ARJIS program budget to the Board of Directors; and c. The Chief Executive Officer is hereby enabled to promulc an administrative manual, for adoption by the Board Directors, governing the administrative procedures of Agency. Section 4 a- The Board of Directors shall contract with the San Diego I Processing Corporation or other appropriate agency to proT the following: (1) necessary data processing services wl may include, but are not limited to, the acquisition maintenance of the hardware and software and providing personnel necessary to perform the data processing servl for ARJIS, and support the development of new data procesr applications; (2) punched card services; (3) data e1 services; (4) application system and programming services; data base design services; (6) software systems progrm services; (7) word processing services. 5 w 0 ARTICLE V RELATIONSHIPS AND RULES OF PROOURE Section 1 a. The function of the Budget and Program Review Committee sk be to review and make recommendations to the Board Directors on the adoption of the budget and work program. b. The functions of the Management Committee at the directior the Board of Directors shall be to: (1) make recomendati to expedite the ARJIS program and objectives; (2) pro1 ongoing technical review of the program; (3) at the discret of the Management Committee, participate in the joint re7 of subcommittee recommendations on significant is: requiring Board action; and (4) perform such other functj and exercise such other responsibilities as may from time time be delegated by the Board of Directors. Board of Directors shall be to advise and make recommendatj to the Management Committee and the Board on the operatior the system. c. The function of the Users Committee at the direction of ARTICLE VI AMENDMENTS Section 1 The Board of Directors shall be responsible for making amendments to these Bylaws. a. Proposed amendments may be originated by the Board Directors, the Management Committee, or any member of Board of Directors. b. Each proposed amendment shall be considered by the Board Directors and a copy thereof forwarded by the Secretary to official representative of each Member and Ex-officio Ager his/her alternative and the Agency itself, at least 15 c prior to the meeting at which such proposed amendment will voted upon. c. Amendment to these Bylaws shall require the vote of a major of the Member Agencies which also represent at least 519 the weighted vote of the Member Agencies. Adopted 12/90 Amended 7/90 6 W b JOINT POWERS AGREEMENT AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGE1 THIS AGREEMENT is made among those Public Agencies named be which execute this Agreement. RECITALS WHEREAS, Public Agencies realize that there is a need continued operation, maintenance, enhancement and implementat of the Automated Regional Justice Information System in order provide improved law enforcement capabilities to the San Di processing technology capabilities; and WHEREAS, Public Agencies believe that the joint exercise their powers will provide an agency capable of continuing operation, maintenance and implementation of the Automated Regio Justice Information System, region by an effective and efficient use of electronic d NOW THEREFORE, in consideration of recitals and the mut obligations of the parties as herein expressed, Public Agenc agree as follows: 1. Definitions The following terms shall have the meanings ascribed to t within this section unless the content of their use dicta otherwise: .--. -_ (a) "Contract Agency" shall mean any authorized agency enters into a contract with the Automated Regional Just Information System Joint Powers Agency to access the Automa Regional Justice Information System. (b) "Ex-officio Agency" shall mean those agencies other t general purpose local governments as defined in Section 6500 of Government Code who conduct law enforcement activities and gene purpose local governments outside San Diego County who are at given time a party to this Agreement. (c) "Fiscal Year" shall mean that year beginning July 1, ending June 30. (d) "Member Agencies" shall mean those units of gene purpose local government, within the County of San Diego, who at any time a party to this Agreement. (e) "Population" of any Member Agency shall mean t population last determined for each Member Agency as certified 1 w e b the State Department of Finance as of January 1, of each year, if no certification has been made, the last Federal Decenn. Census, except that the population of the County of San Diego sh( be that population determined in the same manner for unincorporated area of the County. The population of the reg shall be that population determined by adding the population each Member Agency. 2. Establishment of the ARJIS Joint Powers Aqency There is hereby created an agency to be known and denomina as the Automated Regional Justice Information System Joint Pow Agency (ARJIS) which shall be a public entity separate and ap from any Member or Ex-officio Agency. ARJIS shall be governed the terms of this Joint Powers Agreement and any bylaws passed adopted by the governing board. 3. Purpose of Asencv The specific and primary purpose for which this agency created is to assist Member Agencies by providing and continu the operation, maintenance, enhancement and implementation of th telecommunication features initiated under the State Office Criminal Justice grant agreement #A-2469-5-A-79. In addition, t agency may pursue development of other computerized systems tom 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 this Agreement, ARJIS shall have the power, in its own name, make and enter into contracts; to employ agents and employees; provide for employee retirement, health and welfare benefits; acquire, hold and dispose of property, real and personal; to and be sued in its own name; to hire legal counsel and to in debts, liabilities or obligations. However, the debts, liabilit and obligations of ARJIS shall not constitute any debt, liabil or obligation of any of the Member or Ex-officio Agencies which parties to this Agreement. The Treasury of the City of San Di shall be the depository of funds of ARJIS and the Treasurer of City of San Diego shall be the ex-officio Treasurer of ARJIS. Auditor/Comptroller of the City of San Diego shall be the officio Auditor/Comptroller of ARJIS and shall draw warrants check-warrants against the funds of ARJIS in the Treasury when demands are approved by the Board of Directors, or such ot persons as may be specifically designated for that purpose in bylaws. Said Auditor/Comptroller and Treasurer shall comply F all duties imposed under Article 1, Chapter 5, Division 7, Tj I, of the California Government Code commencing with Section 6E The City of San Diego shall determine reasonable charges to be n against ARJIS for the services of the Treasurer Auditor/Comptroller. At the end of each fiscal year there SI 2 w 0 * be an audit conducted by an independent, accredited certif: public account. 5. Accounts and Reports The Auditor/Comptroller of ARJIS shall establish and mainti such funds and accounts as may be required by good account: practice or bylaws passed and adopted by this Agency. The boc and records of ARJIS in the hands of the Auditor/Comptroller sht be open to inspection at all reasonable times by representatii of the Member and Ex-officio Agencies. The Auditor/Comptroller ARJIS, within 120 days after the close of each fiscal year, sh( give a complete written report of all financial activities for si fiscal year to the Member and Ex-officio Agencies. Said financ report shall be accompanied by a financial/compliance opinion an independent, accredited certified public accountant. 6. Funds The Treasurer of ARJIS shall receive, have the custody of disburse ARJIS funds upon the warrant or check-warrant of Auditor/Comptrol-ler (i) pursuant to the accounting procedu developed under Section 5 hereof, and (ii) as nearly as possi in accordance with normal City of San Diego procedures, shall m the disbursements required by this Agreement or to carry out of the provisions or purposes of this Agreement. The Treasurer ARJIS may invest ARJIS funds in accordance with general law. interest collected on ARJIS funds shall be accounted for and pos to the account of such funds. 7. Governincr Board of ARJIS All powers of the Agency shall be exercised by the Board Directors. The Board of Directors shall be composed of one prim representative selected by the governing body of each Member Age to service until recalled by the governing body of said Mern Agency. Each Member Agency director must be a mayor, counc person, or supervisor of the governing body which selected him/h or other appropriate elected official selected by the govern body. Vacancies shall be filled in the same manner as origina selected. Each Member Agency shall also select in the same man as the primary representative one alternate to serve on the Bc of Directors when the primary representative is not availak Such alternate shall be subject to the same restrictions and k. the same powers, when serving on the Board of Directors, as primary representative. At its discretion, each Member Agency may select a sec alternate, in the same manner as the primary representative, serve on the Board of Directors in the event that neither primary representative nor the regular alternate is able to att a meeting of the Board of Directors. Such alternate shall 3 w e b subject to the same restrictions and have the same powers, w serving on the Board of Directors, as the primary representati The Board of Directors may at any time authorize other agenc as defined in Section 6500 of the Government Code which conduct enforcement activities (hereinafter referred to as "Ex-offi Agencies") to join the Board of Directors. Each Ex-officio Age shall be allowed to vote in accordance with the provisions Section 8. The Ex-officio Agency shall designate a prin representative and alternate a The United States Department of Justice and the Attor General of the State of California may join as charter Ex-offi members, or at any later time become Ex-officio members executing this Agreement. The Board of Directors may allow for the appointment advisory representatives to sit with the Board of Directors, in no event shall said representatives be allowed a vote. Each director, or designated alternate acting in a directc absence, may receive reimbursement from ARJIS for out-of-pocket travel expenses incurred by such director or alternate on apprc agency business. Except where prohibited by the charter, or ordinance, rule, regulation, or policy of a Member Agency, E Member Agency director, or designated alternate acting in a Men Agency director's absence, who does not serve as a SANDAG bc member, shall receive $75.00 for each Board meeting attended, well as travel expenses incurred. 8. Vote of Board of Directors (a) The Board of Directors shall vote on all items on basis of one vote per Member and Ex-officio Agency, except thaf representatives of three Member Agencies request a weighted T after voting on any particular item, then in that event a weighted vote which will be final and binding, shall be taken. officio Agencies shall not have a weighted vote. (b) When the weighted vote is taken there shall be a tota one hundred votes, except additional votes shall be allc pursuant to Section 19. The representatives of the Member Agent shall be entitled to 100 votes, with each representative ha that number of votes determined by the following apportiom formula, provided that each Member Agency shall have at least vote, and there shall be no fractional vote: 1. from the Department of Finance. 2. Total the population determined in step 1 and com percentage of this total that each Member Agency has. Determine each Member Agency's population using fig' 4 w w b 3. Boost fractions that are less than one to one; i whole numbers. 4. If the answer to step 3 is 100, drop all fractions i the whole numbers are the votes for each Member Agency 5. If the answer to setup 3 is less than 100, 1 remaining vote(s) is allocated one each to that Meml Agency(s) having the highest fraction(s) excepting thc whose vote was increased to one (1) in step 3 above. 6. If the answer to step 3 is more than 100, the excc vote(s) is taken one each from that Member Agency(s) w. the lowest fraction(s). In no case may a vote be redui to less than one. 7. Cities which contract with the County of San Diego law enforcement services to be provided by the Sher shall be included in the computation of the weighted vc whether or not the city is a Member Agency. If said C is not a Member Agency, its weighted vote shall be ad( to the County total. (c) When the weighted vote is taken, the vote of not less t: five (5) Member Agencies, representing not less than fifty-( percent (51%) of the total weighted vote of the Member Agenc shall be required to supersede the original action. If weighted vote fails, action determined by the original vote sh stand. The weighted vote shall be recomputed in the above manner Jul. each year. 9. Meetinqs The Board of Directors shall conduct meetings quarterly conjunction with regularly scheduled SANDAG meetings during year and such other times as the Board of Directors shall dir or the bylaws specify. 10. Bvlaws The Board of Directors of ARJIS may adopt from time to t bylaws, rules and regulations as may be required for the cond of its meetings and the orderly operation of the Agency; and cop and amendments thereto shall be filed with each and Member and officio Agency. 11. Chief Executive Officer The Board of Directors shall appoint a Chief Executive Offi 5 e 0 h who shall hold office until he/she resigns or is removed by . Board of Directors. The Chief Executive Officer shall have SI duties as may be prescribed by the Board of Directors. The Ch Executive Officer shall have charge of all projects and prope of the Agency and shall file with the Treasurer of ARJIS official bond in the minimum amount of $100,000 or such lar4 amount as the Board of Directors specifies, guaranteeing faith performance of his/her duties. 12. Financial (a) The Board of Directors shall approve a preliminary bud no later than April 1 of each year. The Board of Directors sh adopt a final budget no later than July 1 of each year. A copy the preliminary budget when approved and a copy of the final bud when adopted shall be filed with each Member and Ex-officio Agen (b) Responsibility for supplying funds for that portion the budget for ARJIS which is to be supplied by the Member Agenc for operation, maintenance, enhancement and implementation of system as adopted by the Board of Directors, shall be divided am the Member Agencies including within its budget as funds to supplied to ARJIS that sum of money determined by taking the ra its population bears to the total population of the region multiplying it by that portion of the approved budget to supplied by the Member Agencies. --I- Payment of this determined sum of money shall be made by e Member Agency by July 15 of each year. If payment by a Mem Agency shall cease to be a participating member of ARJIS, and representative shall no longer participate or vote as a member the Board of Directors. A delinquent Member Agency will reinstated to participating membership and its representat allowed to participate on the Board of Directors when full paym has been made, including interest computed from July 15 at average interest earning rate as determined by the Ex-offi Treasurer. Ex-officio and Contract Agencies shall make payment this determined sum in accordance with the provisions of contract between ARJIS and the Ex-officio or Contract Agency. Agency has not been made my September 1 of each year, that Mem All Ex-officio and Contract Agencies who use the system sk be individually charged and pay to ARJIS a reasonable share of total cost of operation, maintenance, enhancement implementation of the system as determined by the Board Directors. (c) Member Agencies, Ex-officio Agencies and Contract Agenc who access the computer shall be charged for computer time a rate agreed to by the Board of Directors. 6 W m b 13. Ralph M. Brown Act All meetings of ARJIS, including without limitation regul adjourned regular, and special meetings of the Board of Direct0 and meetings of all standing committees, shall be called, notic1 held and conducted in accordance with the provisions of the Ra M. Brown Act (commencing with Section 54950 of the Goverml Code). 14. Quorum A majority of the voting members of the Board of Directors ARJIS shall constitute a quorum for the transaction of busine In determining a quorum, the weighted vote shall not be used. 15. Procedures to be Followed Pursuant to Government Code Section 6509, which requires t the powers of ARJIS be limited by the legal restrictions pla upon a named Member Agency, the powers of ARJIS delineated un Section 4, above, shall be subject to those legal restricti imposed upon the City of La Mesa by the Constitution of the St of California and the laws governing general law cities. The Board of Directors shall adopt administrative regulati establishing the procedures and policies for directing approving change orders which at a minimum shall require that user request for changes in the program or priorities establis by the Board of Directors shall require Board of Direct approval. 16. Duration of Asreement This Agreement shall continue in full force and effect un Member Agencies representing more than 50% of the population of region withdraw from this Agency by resolution. 17. Disposition of Assets Upon Termination Upon termination of this Agreement any money or assets possession of the Agency after the payment of all liabiliti costs, expenses and charges validly incurred under this Agreen shall be returned to the Member Agencies in proportion to tf contributions determined as one of the time of termination. 18. Effective Date of Aqreement The Agreement shall become effective for all purposes at 1; a.m. July 1, 1990, 7 0 0 1. 19. Later Participatins Member Aqencies Any San Diego County incorporated city which incorporated a€' December 1, 1980, which may desire to participate in the activit of ARJIS may do so by executing this Agreement without pr approval or ratification of the Member Agencies and shall be bo by the terms of this Agreement as of the date of execution. County of San Diego, and the cities in the County which w incorporated on December 1, 1980, who did not execute t Agreement by December 1, 1980 which desire to participate in activities of ARJIS may do so by executing this agreement with prior approval or ratification of the existing Member Agencies paying an initial membership charge which may be established required by the Board of Directors to offset a portion of initial start-up costs paid by the Charter Member Agencies, shall be bound by the terms of terms of this Agreement as of date of execution. Said membership charge shall not be requi of cities who as of December 1, 1980, contract with the County San Diego for law enforcement services, and become a Member Age after December 1, 1980. Any later participating Member Age shall receive one (1) vote under the single vote procedure and (1) vote under the weighted voting procedure specified above un the next recomputation of the weighted vote as specified in Sect 8 above, at which time said later participating Member Agency sh receive votes in accordance with the formula specified in s Section 8. Until such recomputation, the total weighted vote exceed 100. 20. Aqreement Repository A fully executed copy of this Joint Powers Agreement and amendments thereto shall be filed with the authori representative of each Member and Ex-officio Agency. 21. Compliance In order to protect the privacy of individuals as set-fort1 Section 1 of Article I of the Constitution of California and the United States Constitution, the maintenance and disseminat of the information in the ARJIS system shall be undertaken compliance with Federal and State laws and regulations incluc the Information Practices Act of 1977 (commencing with Section 1 of the California Civil Code). An appropriate agency as determj by the Board of Directors shall, at the call of the Board Directors, conduct an annual certification of the informatior assure compliance. 8 e e L 22. Amendments Proposed amendments may be originated by Member and Ex-offic Agencies or any member of the Board of Directors. Amendments this Agreement shall require the vote of two thirds (2/3) of . Member Agencies who are members of ARJIS at the time the amendmi is proposed. IN WITNESS WHEREOF, each of the following Public Agencies : caused this Joint Powers Agreement to be executed by having affi. thereto the signatures of the agent of said Agency authori therefor by the legislative body of that Agency. Adopted 12/80 Amended 7/90 9 e Signatory Page 2 w * CITY OF NATIONAL CITY CITY OF OCEANSIDE dAp, Mayor AL9d BY Date BY -&- LL Mayor CITY OF POWAY CITY OF SAN DIEGO h& Mayor YO J Date CITY OF SAN MARCOS B 99,Y#7aBy Mayor Date Ma&r wy CITY OF SANTEE ___ --_ 7 CITY OF SOLANA BEACH CITY OF VISTA COUNTY OF SAN DIEGO APPROVED A.)fe&en, aEi%J- -. .- %Wd ... . . . . q!idi@ -. _.. 6. :-,-.. .- _. .,x.2..-. . ._ ~ -_. L i ;'cz3>d-i BY Clerk of the Board of Supervisors APPROVAL DATE: 7-03-90 (21) 11