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HomeMy WebLinkAbout2023-07-18; City Council; ; Request to Approve the Revised Automated Regional Justice Information System Joint Powers AgreementCA Review ___AF___ Meeting Date: July 18, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Maria Callander, IT Director maria.callander@carlsbadca.gov, 442-339-2454 Christie Calderwood, Assistant Police Chief christie.calderwood@carlsbadca.gov, 442-339-2216 Subject: Request to Approve the Revised Automated Regional Justice Information System Joint Powers Agreement Districts: All Recommended Action Adopt a resolution approving the Automated Regional Justice Information System joint powers agreement and authorizing the City Manager to make the annual payments as required, including any annual cost adjustments. Executive Summary The Automated Regional Justice Information System was created to provide up-to-date regional criminal justice information technology to law enforcement agencies in San Diego County to enhance both officer and public safety. The system, known as ARJIS, is administered under the umbrella of the San Diego Association of Governments, or SANDAG. Staff are asking the City Council to approve an updated joint powers agreement between SANDAG, San Diego County and the 18 cities it contains. This agreement was first executed in 1980. It was amended in 1990, 1998 and 2004. The member agencies wish to amend it again to restate and solidify its continuity of effort with SANDAG as its administrator. The update is also needed to clarify language regarding data ownership and to raise fees charged the member agencies, which have not been increased since 1998. Carlsbad Municipal Code Section 3.28.060(D)(5), which relates to the procurement of professional services and services, requires the City Council’s approval because the subscription renewal will cost more than $100,000 per agreement year. Explanation & Analysis SANDAG-ARJIS is the primary agency for regional justice technology in San Diego County. It provides its members with access to each other’s law enforcement data through a secure digital information network. This technology compliments other technical solutions provided by the July 18, 2023 Item #4 Page 1 of 15 city’s Information Technology Department. Membership through this agreement also allows the Carlsbad Police Department to work collaboratively with other local law enforcement agencies and pool law enforcement resources on a regional level. SANDAG-ARJIS develops and provides applications that allow access to photos, warrants and other critical data in the field. This is all accessible to officers on vehicle mounted computers as well as on city-issued smart phones. The following are some examples of specific applications: • Crime and sex offender mapping • Be-on-the-lookout officer safety notifications • Graffiti tracker for locating and remediating graffiti • Information on people who ae prohibited from possessing firearms • Access to mugshots of offenders • Access to county inmate information • Access to restraining order information • Access to criminal history information from state, regional and federal databases SANDAG-ARJIS also provides various services on a regional level that Carlsbad takes advantage of, including: • Acts as a hub for information sharing and the exchange, validation and real-time uploading of many types of public safety data • Standardized uniform crime reporting • Access to real-time data • Access to state law enforcement platforms such as the state’s system to query driver licenses or vehicle license plates Fiscal Analysis The new fee structure proposed by SANDAG-ARJIS will be billed using current population projections. The projected costs for fiscal year 2023-24 will be $138,737.43, which is an increase of $42,409.43 from the 1998 calculations. There will also be an annual cost adjustment based on SANDAG-ARJIS’ budget, the number of participating agencies and each city’s population. Funding is available in the Information Technology Department’s Operating Fund for the fiscal year 2023-24 payment. Supplemental budget requests may be needed after FY 2023-24 to account for the annual cost adjustments proposed by SANDAG-ARJIS. Options Staff recommend the City Council approve the updated joint powers agreement that gives the city access to the regional criminal justice information technology provided by ARJIS. Staff have identified no drawbacks to approving the agreement. Next Steps With the City Council’s approval, staff will execute the necessary documents to the Automated Regional Justice Information System joint powers agreement. July 18, 2023 Item #4 Page 2 of 15 Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Exhibits 1. City Council resolution July 18, 2023 Item #4 Page 3 of 15 RESOLUTION NO. 20Z3-20Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGREEMENT AND AUTHORIZING THE CITY MANAGER TO MAKE THE ANNUAL PAYMENTS AS REQUIRED, INCLUDING ANY ANNUAL COST ADJUSTMENTS WHEREAS, the City Council of the City of Carlsbad, California has determined that there is a need for continued operation, maintenance, enhancement and implementation of the Automated Regional Justice Information System (SANDAG-ARJIS) to provide improved public safety capabilities to the San Diego region by an effective and efficient use of electronic data processing technology capabilities; and WHEREAS, the joint exercise of the Charter Member Agencies powers as a Joint Powers Agency (JPA) will continue to provide a decision-making body capable of continuing the operation, maintenance and implementation of SANDAG-ARJIS; and WHEREAS, the San Diego Association of Governments (SANDAG) should continue to serve as the administrator of the JPA in order to leverage SANDAG's role as a regional decision-making body convening all 18 cities and the County in the San Diego region; and WHEREAS, the Joint Powers Agreement of December 1, 1980, was amended on July 1, 1990, January 23, 1998, and August 4, 2004, and the Charter Member Agencies wish to amend it again to restate and solidify its continuity of effort with SAN DAG as its Administrator. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: l.That the above recitations are true and correct. 2.That the Joint Powers Agreement as Amended for the Automated Regional Justice Information System Joint Powers Agency (Attachment A) be approved and the City Manager is hereby authorized to execute said agreement on behalf of the City. 3.That the City Manager is hereby authorized to make any reoccurring annual payments as required by SANDAG-ARJIS pursuant to the Joint Powers Agreement, including any annual cost adjustments going forward. Exhibit 1 July 18, 2023 Item #4 Page 4 of 15 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of�, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. [ KEITH BLACKBURN, Mayor Kf/VV � SHERRY FREISINGER, City Clerk /J -(SEAL) ,,,,\\\\\11111111/t ,_.,"'''� CAf/11111, #' 0 .·:diiJililiE_i.. r:,,,, gt_../-�··-.��� �-/�\v\ % {) \_�l,�\fi(,.)) \ 01-:; ·.. 'J_:::;w/�-' == \� �-• ... ·� .... �: .. : .. ···/ J ,, 41.. ........ ···�,� S' ,,,,,,,,, I FO�\�,,"'""' 1111111111\\\\\\\\\ July 18, 2023 Item #4 Page 5 of 15 Page 1 of 8 JOINT POWERS AGREEMENT - AS AMENDED _JULY 2023__ AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY THIS AGREEMENT is made among those agencies named below that execute this Agreement. RECITALS WHEREAS, Charter Member Agencies realize that there is a need for continued operation, maintenance, enhancement and implementation of the Automated Regional Justice Information System (SANDAG-ARJIS) to provide improved public safety capabilities to the San Diego region by an effective and efficient use of electronic data processing technology capabilities; and WHEREAS, Charter Member Agencies believe that the joint exercise of their powers as a Joint Powers Agency (JPA) will continue to provide a decision-making body capable of continuing the operation, maintenance and implementation of SANDAG-ARJIS; and WHEREAS, Charter Member Agencies believe that the San Diego Association of Governments (SANDAG) should continue to serve as the administrator of the JPA in order to leverage SANDAG’s role as a regional decision-making body convening all 18 cities and the County in the San Diego region; and WHEREAS, this Joint Powers Agreement of December 1, 1980, was amended on July 1, 1990, January 23,1998, and August 4, 2004, and the Charter Member Agencies wish to amend it again to restate and solidify its continuity of effort with SANDAG as its Administrator. NOW THEREFORE, in consideration of the above recitals and the mutual obligations of the parties as herein expressed, the Charter Member Agencies agree as follows: 1.Definitions The following definitions apply to this Agreement unless otherwise stated: a)"Administrative Member" means SANDAG. As the Administrative Member SANDAG shall have the same rights as any of the Charter Member Agencies, shall provide in- kind contributions 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 Charter Member Agencies. b)“Charter Member Agency” means an agency executing this Agreement, other than the Administrative Member. c)"Contributing Member Agency” (CMA) means an agency that contributes data to ARJIS but is not a Charter Member Agency. ARJIS hosts a complex law enforcement information system that contains information about a variety of official police incidents generated by the law enforcement agencies in the San Diego region. CMAs provide crime, arrest, and other incident data to ARJIS (with one of those agencies, the San Diego County Sheriff's Department, providing contract services to nine incorporated cities within San Diego County). Attachment A 3July 18, 2023 Item #4 Page 6 of 15 Page 2 of 8 d)"Participating Member Agency” (PMA) means an agency that does not currently provide crime and arrest incident data to ARJIS but accesses ARJIS regional data and utilizes ARJIS services. e)"Fiscal Year" means the year beginning July 1 and ending June 30. 2.Status There is hereby created a JPA to be known and denominated as the Automated Regional Justice Information System, and referred to as SANDAG-ARJIS, which shall be a public entity separate and apart from any Charter Member Agency, CMA, or PMA with the exception of the Administrative Member. SANDAG-ARJIS shall be governed by the terms of this JPA, by any policies passed and adopted by the SANDAG-ARJIS governing board, and by the statutes, rules, regulations, policies or procedures that govern SANDAG. The SANDAG-ARJIS governing board shall serve and be known as SANDAG's Public Safety Policy Advisory Committee ("PSC"). 3.Purpose The specific and primary purpose for which SANDAG-ARJIS is created is to assist the Charter Member Agencies by providing Charter Member Agencies, CMAs and PMAs with state-of-the-art criminal justice information technology that enhances both officer and public safety. SANDAG-ARJIS is the convening agency for regional justice technology, and provides its members with seamless, cross- jurisdictional access to essential, accurate real-time data via a secure criminal justice enterprise network, also known as the ARJIS Enterprise Database or the ARJIS Operational Store (AOS). 4.Liabilities & Powers a)The debts, liabilities and obligations of SANDAG-ARJIS shall not constitute any debt, liability or obligation of any of the Charter Member Agencies that are parties to this Agreement except SANDAG. All SANDAG-ARJIS debts, liabilities, and obligations shall be paid from the separate assets and accounts of SANDAG-ARJIS, which shall be maintained by the Administrative Member. b)SANDAG-ARJIS shall not have power to contract or to sue or be sued in its own name. All claims for money or damages against SANDAG-ARJIS shall be made against SANDAG and shall be governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable to SANDAG. c)SANDAG-ARJIS shall not hire a staff but shall use the staff of SANDAG and shall compensate SANDAG for the use of those staff services. SANDAG-ARJIS may also utilize staff from other public agencies under contract. 5.Financial Matters a)Auditor/Comptroller & Treasurer. SANDAG shall be the depository of funds of SANDAG- ARJIS and the SANDAG Chief Financial Officer shall be the ex-officio Treasurer of SANDAG-ARJIS. The Treasurer shall file an official bond in the amount of $100,000. The SANDAG Auditor/Comptroller shall be the ex-officio Auditor/Comptroller of SANDAG- ARJIS and shall draw warrants or check-warrants against the funds of SANDAG-ARJIS 4July 18, 2023 Item #4 Page 7 of 15 Page 3 of 8 in the Treasury when the demands are approved by the PSC, or such other persons as may be specifically designated for that purpose in SANDAG-ARJIS policies. Said Auditor/Comptroller and Treasurer shall comply with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing with Section 6500. SANDAG shall determine reasonable charges to be made against SANDAG-ARJIS for the services of the Treasurer and Auditor/Comptroller. At the end of each fiscal year there shall be an audit conducted by an independent, accredited certified public account. b)Accounts & Reports. The Auditor/Comptroller shall establish and maintain such funds and accounts as may be required by good accounting practice or bylaws passed and adopted by SANDAG. The books and records of SANDAG-ARJIS in the hands of the Auditor/Comptroller shall be open to inspection at all reasonable times by representatives of the Charter Member Agencies. The Auditor/Comptroller , within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Charter Member Agencies. Said financial report shall be accompanied by a financial/compliance opinion by an independent, accredited certified public accountant. The independent, accredited certified public accountant shall be the accounting firm selected by SANDAG. c)Funds. The Treasurer shall receive, have the custody of and disburse SANDAG-ARJIS funds upon the warrant or check-warrant of the Auditor/Comptroller (i) pursuant to the accounting procedures developed under this Agreement, and (ii) in accordance with normal SANDAG procedures, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. SANDAG-ARJIS funds and accounts shall be segregated from SANDAG's general funds and accounts. The Treasurer may invest SANDAG-ARJIS funds in accordance with general law. All interest collected on SANDAG-ARJIS funds shall be accounted for and posted to the account of such funds. d)Budget. The PSC shall recommend approval of a preliminary budget to the SANDAG Board and distribute a copy of the preliminary budget to each Charter Member Agency no later than May 1 of each year. The PSC shall recommend approval of a final budget no later than June 1 of each year and have it approved by the SANDAG Board of Directors by July 1 of each year. After adoption by the SANDAG Board, a copy of the final budget shall be filed with each Charter Member Agency. e)Administrative Agency Financial Support. SANDAG shall determine charges to be made against SANDAG-ARJIS for the services provided by SANDAG, which SANDAG deems are appropriate for reimbursement. No less than annually, SANDAG shall report such charges to each Charter Member Agency. SANDAG shall not be required to contribute funds toward SANDAG-ARJIS, but shall instead provide in-kind contributions. f)Fee Schedule. The Fee Schedule for Charter Member Agencies, CMAs, and PMAs is attached to the Agreement as Addendum A. The Fee Schedule may be revised by a majority vote of the then-current Charter Member Agencies and the newly revised Addendum A will supersede any previously approved addenda. 5July 18, 2023 Item #4 Page 8 of 15 Page 4 of 8 6.Governance a)SANDAG-ARJIS is a JPA and is governed by the terms of this Agreement, by any policies passed and adopted by the SANDAG-ARJIS governing board, and by the statutes, rules, regulations, policies or procedures that govern SANDAG. SANDAG serves as the Administrator of the JPA. b)All powers of ARJIS shall be exercised by the SANDAG Board of Directors. The SANDAG Board of Directors shall delegate responsibilities to PSC, which shall be the ARJIS governing board. PSC is formed under SANDAG Board Policy Nos. 002 and 026, and advises the SANDAG Board of Directors on matters concerning SANDAG-ARJIS and the SANDAG Criminal Justice Program. The Chiefs'/Sheriff's Management Committee is a standing committee established to support the PSC. Each member of the Chiefs'/Sheriff's Management Committee has an equal vote; and is authorized to forward recommendations to the PSC on any recommended policies and procedures within its jurisdiction. c)Policy decisions other than those specifically delegated to PSC must be made by the SANDAG Board of Directors. d)Pursuant to Government Code Section 6509, which requires that the powers of a JPA be limited by the legal restrictions placed upon a named member of the JPA, the powers of SANDAG-ARJIS are subject to those legal restrictions imposed upon SANDAG by the Constitution of the State of California and the laws governing SANDAG. 7.Membership of the Public Safety Policy Advisory Committee The membership of PSC is governed by SANDAG Board Policy No. 002. 8.Voting The PSC shall vote on all items on the basis of one vote per voting member as appointed under Board Policy No. 002. 9.Meetings The PSC shall conduct monthly meetings in conjunction with regularly scheduled SANDAG meetings during the year and at such other times as the PSC or SANDAG Board shall direct. Parliamentary procedure at all meetings shall be governed by SANDAG Board Policy as well as Roberts Rules of Order, Newly Revised, except as otherwise modified by this Agreement. 10.Ralph M. Brown Act All meetings of the SANDAG-ARJIS governing board, including without limitation regular, adjourned regular, and special meetings of the PSC, and meetings of all standing committees, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). 11.Quorum A majority of the voting members of the PSC shall constitute a quorum for the transaction of 6July 18, 2023 Item #4 Page 9 of 15 Page 5 of 8 business. 12.Duration of Agreement This Agreement shall continue in full force and effect until three or more Charter Member Agencies representing more than 50% of the population of the San Diego region withdraw from this Agreement by resolution. The population of the County of San Diego shall be the unincorporated portion of the San Diego region. 13.Disposition of Assets Upon Termination Upon termination of this Agreement any money or assets in possession of SANDAG on behalf of SANDAG-ARJIS after the payment of all liabilities, costs, expenses and charges validly incurred under this Agreement shall be returned to the Charter Member Agencies in proportion to their contributions in the most recently completed fiscal year determined as of the time of termination. In-kind contributions made by SANDAG shall be included in this determination. 14.Effective Date of Agreement This Agreement became effective for all purposes at 12:01 a.m. July 1, 1990. The most recent amended version of the Agreement shall become effective July 1, 2023, or on such later date when the 18 cities, County of San Diego, and SANDAG sign the Agreement. 15.Later Participating Member Agencies Any San Diego County incorporated city that incorporated after July 1, 2023, that may desire to participate in the activities of SANDAG-ARJIS may do so by executing this Agreement without prior approval or ratification of the Charter Member Agencies and shall be bound by the terms of this Agreement as of the date of execution. 16.Agreement Repository A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be filed with the authorized representative of each Charter Member Agency. 17.Information Privacy & Ownership of Data a)In order to protect the privacy of individuals as set forth in Section 1 of Article I of the Constitution of California and in the United States Constitution, the maintenance and dissemination of the information in the SANDAG-ARJIS system shall be undertaken in compliance with Federal and State laws and regulations including the Information Practices Act of 1977 (commencing with Section 1798 of the California Civil Code). An appropriate agency as determined by the PSC shall, at the call of the PSC, conduct an annual certification of the information to assure compliance. b)All intellectual property owned by SANDAG-ARJIS as of the effective date of this Agreement including, but not limited to, electronic data, shall remain the property of SANDAG-ARJIS. When SANDAG-ARJIS serves as a custodian of data it does not own, that data shall presumptively remain the property of the Charter Member Agency or CMA. 18.Amendments 7July 18, 2023 Item #4 Page 10 of 15 Page 6 of 8 Proposed amendments may be originated by any member of the PSC or by the SANDAG Board of Directors. With the exception of revisions to Addendum A, Amendments to this Agreement shall require the vote of two thirds (2/3) of the Charter Member Agencies who are members of SANDAG-ARJIS at the time the amendment is proposed. IN WITNESS WHEREOF, each of the following Charter Member Agencies have caused this Joint Powers Agreement to be executed by signature of a person authorized by the respective governing body of each agency. This Agreement may be executed in counterparts. Adopted 12/80 Amended 7/90 Amended 1/98 Amended 1/04 Amended 7/23 8July 18, 2023 Item #4 Page 11 of 15 JOINT POWERS AGREEMENT -AS AMENDED JULY 2023 J"OMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY CITY OF CHULA VISTA By ---------------Mari a Kachadoorian City Manager CITY OF CORONADO By ---------------Tin a Friend City Manager CITY OF DEL MAR By ---------------Ash I e y Jones City Manager CITY OF EL CAJON By --------------- Graham Mitchell City Manager CITY OF ENCINITAS By --------------- Pamela Anti I City Manager CITY OF ESCONDIDO By ---------------Se an McGlynn City Manager C ITY OF IMPERIAL BEACH By --------------- Ty I er Foltz City Manager C ITY OF LA MESA By ---------------Greg Humora City Manager C ITY OF LEMON GROVE By --------------- Lydia Romero City Manager July 18, 2023 Page 7 of 8 9 Item #4 Page 12 of 15 Page 8 of 8 CITY OF NATIONAL CITY CITY OF SAN DIEGO By By Armando Vergara Interim City Manager Erik Dargan Chief Operating Officer CITY OF POWAY CITY OF SANTEE By By Chris Hazeltine City Manager Marlene Best City Manager CITY OF SAN MARCOS CITY OF VISTA By By Jack GriffinCity Manager John ConleyCity Manager CITY OF SOLANA BEACH By SAN DIEGO COUNTY SHERIFF'S DEPARTMENT By Greg Wade City Manager Kelly Martinez Sheriff CITY OF OCEANSIDE SANDAG By By Jonathan BorregoCity Manager Hasan IkhrataChief Executive Officer or designee 10July 18, 2023 Item #4 Page 13 of 15 Addendum A ARJIS Fee Structure Each fiscal year (July 1 – June 30), ARJIS develops an annual budget to support the ongoing maintenance of the ARJIS infrastructure and programs. ARJIS staff presents the proposed annual budget and ARJIS Fee Structure to the Public Safety Committee in the Spring for a recommendation and to the SANDAG Board of Directors shortly after for approval. This Fee Structure applies only to the ARJIS Standard Service Package, which is described below. Additional services not included in the Standard Service Package will be billed separately at cost. Participating and Contributing Member Agency Fees Participating and Contributing Member Agencies will be charged a flat fee for the ARJIS Standard Service Package based on the number of active ARJIS accounts as of May 1 prior to the beginning of the billing cycle (July 1 – June 30). Active Users Participating Member Agency Fee Contributing Member Agency Fee 1-9 $ 40,000.00 $ 30,000.00 10-24 $ 50,000.00 $ 45,000.00 25-49 $ 70,000.00 $ 60,000.00 50-99 $ 85,000.00 $ 70,000.00 100-199 $ 95,000.00 $ 75,000.00 200+ $ 110,000.00 $ 80,000.00 Active ARJIS accounts are calculated by subtracting from the respective agency’s total number of the users those accounts which show “Never Logged In”; “Must Change Password” and “Password Expired” status at the time of billing. Charter Member Agency Fees In FY 2024, Charter Member Agencies will be charged a flat fee for the ARJIS Standard Service Package based on 2020 Census figures which were initially presented. In future fiscal years, the proportion of the region’s population residing in each jurisdiction will be based on the most recent SANDAG Population Estimates to ensure population growth and declines are accurately accounted for. The County of San Diego fee will be based on the population of all unincorporated areas. The portion of the annual budget charged to Charter Member Agencies will be calculated by subtracting anticipated Participating and Contributing Member Agency Fees and grant revenues from the approved ARJIS annual budget. Billing Payment is due within 30 days of receiving the invoice. 11 July 18, 2023 Item #4 Page 14 of 15 ARJIS Standard Service Package Participating Member Agency Contributing Member Agency Charter Member Agency Access to ARJIS Network Access to ARJIS Network Access to ARJIS Network Data Repository Standardization Data Repository Standardization Data Repository Standardization Application Tools Application Tools Application Tools Security Center Security Center Security Center Help Desk Help Desk Help Desk Crime Mapping Crime Mapping Crime Mapping Crime Statistics Crime Statistics Crime Statistics User Group Community User Group Community User Group Community Software Licensing Contracts Software Licensing Contracts Software Licensing Contracts AB 1747 Monthly Reports AB 1747 Monthly Reports AB 1747 Monthly Reports Data Entry Data Entry Regional Validation Table Updates Regional Validation Table Updates Interfaces and Maintenance Interfaces and Maintenance Monthly Mandated Crime Reporting 12July 18, 2023 Item #4 Page 15 of 15