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