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Resolution No. 94111 RESOLUTION NO. 9411 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES 4 REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND 5 INTEGRATION SYSTEM PARTICIPATING AGENCIES 6 7 WHEREAS, the mission of the Los Angeles Regional Integrated 8 Law and Justice Project ("LARILJP"), a cooperative venture of justice 9 agencies in Los Angeles County, is to coordinate the development and 10 implementation of a regional justice information sharing system known 11 as the COPLINK System that will allow law enforcement agencies 12 throughout Los Angeles County to share information in their case and 13 records management systems with the goal of protecting the total 14 community by efficiently and effectively providing accessible, 15 accurate information for the speedy investigation and apprehension of 16 terrorists and other law violators; and 17 WHEREAS, the COPLINK system provides sophisticated 18 analytical tools that allow authorized users to discover links and 19 relationships by providing consolidated data across Los Angeles 20 County, thereby allowing participating agencies to solve previously 21 "unsolvable" incidents and investigate serial criminal activity; and 22 WHEREAS, the City of Vernon ("City") Police Department is a 23 participating agency in the LARILJP and the Chief of Police has 24 recommended the City's participation in the LARILJP; and 25 WHEREAS, various participating agencies of the LARILJP 26 desire to enter into a Memorandum of Agreement for the Los Angeles 27 Regional Integrated Law and Justice Project establishing conditions 28 under which participating agencies will share and use information in I the COPLINK System; and 2 WHEREAS, the City Council of the City of Vernon has 3 determined that, pursuant to the provisions of subsection (a) of 4 Section 2.27 of the Vernon City Code, it is in the public interest and 5 necessity to enter into an agreement with various participating 6 LARILJP agencies to enhance services provided to the Vernon community. 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 8 CITY OF VERNON AS FOLLOWS: 9 SECTION 1: The City Council of the City of Vernon hereby 10 finds and determines that the recitals contained hereinabove are true 11 and correct. 12 SECTION 2: The City Council of the City of Vernon hereby 13 approves the Memorandum of Agreement for the Los Angeles Regional 14 Integrated Law and Justice Project Among the Regional Terrorism 15 Intelligence and Integration System Participating Agencies, in 16 substantially the same form as Exhibit A which is attached hereto and 17 incorporated herein by reference. 18 SECTION 3: The City Council of the City of Vernon hereby 19 authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, 20 and on behalf of, the City of Vernon and the City Clerk is hereby 21 authorized to attest thereto. 22 SECTION 4: The City Council of the City of Vernon hereby 23 authorizes the City Administrator, or his designee, to make whatever 24 nonsubstantive, administrative and/or text changes, upon advice of 25 counsel, to the Agreement. 26 SECTION 5: The City Council of the City of Vernon hereby 27 directs the City Clerk, or her designee, to send one fully executed 28 Agreement to the LARILJP. - 2 - 1 SECTION 6: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 4th day of September, 2007. 5 6 7 Name: Leonis C. Malburg 8 Title: Mayor / - 9 10 T ST: 11 .� 12 MAMOELA GIRO , dity Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 2 3 4 51 A 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9411, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 4, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. r (SEAL) MANUELA GIR,QN; City Cler - 4 - EXHIBIT 0 MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION SYSTEM PARTICIPATING AGENCIES OVERVIEW a. Background: The mission of the Los Angeles Regional Integrated Law and Justice Project ("LARILJP") is to coordinate the development and implementation of a regional justice information sharing system that will allow law enforcement agencies throughout Los Angeles County to share information in their case and records management systems. The goal is to protect the total community by efficiently and effectively providing accessible, accurate information for the speedy investigation and apprehension of terrorists and other law violators. The sharing of information shall be achieved through the COPLINK System ("COPLINK"). A "Contractor" (currently Knowledge Computing Corporation) shall install and maintain COPLINK. b. Intended Benefits: By sharing public safety information, LARILJP participating agencies ("Agencies" or "Agency") will be able to improve their responses to terrorism and community crime. COPLINK provides sophisticated analytical tools that will allow authorized users to discover links and relationships by providing consolidated data across Los Angeles County. This will allow Agencies to solve previously "unsolvable" incidents and investigate serial criminal activity. c. Purpose: The purpose of this agreement ("Agreement) is to outline conditions under which the Agencies will share and use information in COPLINK. By signing this Agreement, Agencies, as well as all individuals who operate or use COPLINK, agree to adhere to the guidelines specified in this Agreement. d. Agency Participation: The LARILJP is a cooperative venture of justice agencies in Los Angeles County, California. Any law enforcement agency in Los Angeles County may apply to participate in LARILJP. To participate in LARILJP and have access to COPLINK, an Agency applicant shall apply to the LARILJP Governance Committee by submitting a proposal that outlines its intended use of COPLINK, the type of data it intends to contribute, and any other information requested by the Governance Committee. A simple majority vote of approval of the Governance Committee is required to approve an Agency's participation in COPLINK. Once approved, each Agency will proactively cooperate Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement with other participating Agencies, the Contractor, and its own system vendors and or maintenance contractors to facilitate: 1. Network access and connectivity 2. Data extracts for engineering and testing purposes 3. Production extracts 4. Required modifications to their source systems 5. Regular data updates as agreed to during the design process 6. Timely review and approval of design documents and test results e. Agency Withdrawal: An Agency may withdraw from participation in COPLINK at any time by providing written notice -to the LARILJP Governance Committee. If an Agency wishes its data withdrawn from COPLINK, the withdrawing Agency shall contact the Contractor and request data removal. The withdrawing Agency is responsible for the cost associated with the removal of its data from COPLINK. II. AUTHORIZED RELEASE OF INFORMATION a. Sharing of Information: Each Agency authorizes the release of information residing in its records management system to all users of COPLINK as permitted by law. It is the responsibility of each Agency to specify which data to share, as well as any special requirements that may apply to certain kinds of information. An Agency that does not want certain data made available from its records management system to COPLINK is responsible for ensuring that the data is not included in data transfer to COPLINK. An Agency that wants data from its records management system to be made available only to a select group of COPLINK users is responsible for placing the appropriate restriction indicator on the underlying data in the agency's internal records management system or database. California law prohibits the release of victim information in specific sex related crimes, sealed juvenile records, and the release of summary criminal history to unauthorized persons. b. Limitation on Information Sharing: Information contributed by each Agency shall only be shared with or released to those Agencies that have entered into this Agreement. Only authorized Agency employees who have an approved login and password ("Authorized Users") will be allowed to access or use information in the COPLINK System. c. Liability: Each Agency is solely responsible for any and all liability, claim, administrative proceedings, losses, expenses or any injury, including death or damage of any kind whatsoever, whether actual, alleged or threatened, including actual attorney fees, court costs, interest, defense costs and expenses associated there with including the use of experts, Page 2 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of the Agency's use of the COPLINK system and/or its performance under this Agreement. d. Indemnification: Each Agency executing this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the Agency parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above -stated purpose, each Agency shall indemnify, hold harmless, and defend each other, and the officers, agents and employees of each other, from and against any and all liability, claims, administrative proceedings, losses, expenses, or any injury, including death, or damage of any kind whatsoever, whether actual, alleged or threatened, actual attorneys fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of the performance of this Agreement, including the use or alleged or actual misuse of the COPLINK system by the Agency and its employees. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Each Agency executing this agreement certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. e. Internal Audit: Each Agency shall name a System Administrator, who shall conduct an internal audit on a periodic basis to ensure information is reasonably up to date and user queries are made for legitimate law enforcement purposes. COPLINK will require each Authorized User to input the reason for the requested information before any information is generated. This information shall be recorded on COPLINK, and retained to allow the System Administrator to complete the internal audit. III. INFORMATION OWNERSHIP a. Ownership: Each Agency retains control of all information it provides through COPLINK. Each Agency is responsible for creating, updating, and deleting records in its own records management system or database, according to its own policies. Each Agency shall use its best efforts to insure the completeness and accuracy of its source data. Page 3 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement b. Unauthorized Requests: Requests for information in COPLINK that is not authorized for viewing will be referred to the Agency that authored or originated the requested information ("Source Agency"). c. Prohibition Against Release of Information: No Agency nor Authorized User shall release or make available any information it has accessed to any person or entity not authorized to access the COPLINK system, or to any third party without the prior written approval of the Source Agency, or as required by law. d. Public Record Requests, Subpoenas and Court Orders: Any Agency receiving a public records request, subpoena, or court order ("Legal Request") for information in COPLINK authored by or originated by another Agency shall respond to the Legal Request, and shall immediately provide a copy of the Legal Request to the Source Agency System Administrator. IV. UNDERSTANDING ON ACCURACY OF INFORMATION a. Accuracy of Information: Agencies agree that the data maintained in COPLINK consists of information assumed to be accurate. Agencies will participate in several testing sessions, to validate and ensure that its information is accurate. However, data inaccuracies can arise for multiple reasons (e.g., entry errors, misinterpretation, outdated data, etc.). It shall be the responsibility of the Agency requesting or using the data to confirm the accuracy of the information with the Source Agency before taking any enforcement -related action. b. Timeliness of Information: Each Agency shall determine the frequency with which its data will be refreshed in COPLINK. In addition, each Agency has its own policy regarding the speed at which incidents are recorded in its internal records management systems. Since changes or additions to data do not get updated in COPLINK on a real-time basis, Agencies recognize that information may not always be timely and relevant. It shall be the responsibility of the requesting Agency to confirm the timeliness and relevance of the information with the Source Agency. Additionally, a data refresh schedule will be published by each System Administrator to enable a user to determine the potential timeliness of each Agency's data. c. Hold Harmless: To the extent permitted by law, Agencies agree to hold Source Agencies harmless for any information in COPLINK, or any action taken as a result of that data, regardless of whether the data is accurate or not, or any time delay associated with changes, additions, or deletions to the information contributed. This hold harmless provision shall not apply to the willful misconduct or gross negligence of Source Agencies. Page 4 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement V. USER ACCESS a. Login Application Process: Each Agency's System Administrator is responsible for management of user accounts at that Agency. Each Agency agrees that all Authorized Users shall be current employees and be authorized to review criminal history data for legitimate purposes. Each potential user shall submit a request for a login and password to the Agency System Administrator. The Agency System Administrator shall have discretion to deny or revoke individual access. b. Login Assignment: Each Authorized User will be issued a user login and a default password by the Agency System Administrator. Upon logging into COPLINK for the first time, each Authorized User will change the default password to another password. Authorized Users may be assigned to groups that have different levels of access rights based on the level of restriction of the information. c. Provision of Agreement: The Agency System Administrator must provide a copy of the terms and conditions of this Agreement to all Authorized Users when they are issued a login ID for the system. Each Authorized User shall sign an acknowledgement stating, "I have received a copy of the terms and conditions of usage of COPLINK. I agree to comply with the terms and conditions and I understand that violation of the terms and conditions may lead to disciplinary action and/or criminal prosecution." The Agency System Administrator shall maintain the signed acknowledgements at all times. d. Intended Use: Each Authorized User agrees that COPLINK, the information contained in it, and the networking resources it provides are to be used solely for purposes consistent with the mission of the LARILJP. Authorized Users acknowledge that the information COPLINK will be shared and used for authorized purposes only as permitted by law. Authorized Users shall not use or share the information for any unethical, illegal, or criminal purpose. e. Limitations on Use of Logins: An Authorized User may not access COPLINK by using a name or password that was assigned to another user. An authorized User cannot give his or her password to another person, including another user, to access the system. f. Audit Trail: Each transaction on COPLINK is logged, and an audit trail is created. Each Agency System Administrator shall maintain the audit trail for a minimum of three years. Requests for transaction logs shall be made in writing by the Agency System Administrator, who shall provide the logs to the requesting party within a reasonable amount of time. g. Termination of Logins: Each Agency System Administrator is responsible for timely removal of any login accounts as Authorized Users leave the Agency, fail to meet the requirements of this Agreement, or are Page 5 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement denied access by the Agency System Administrator for any other reason. VI. CONFIDENTIALITY OF INFORMATION a. Information Confidentiality: Information in COPLINK is confidential and is not subject to public disclosure, except as required by law. Only Authorized Users are allowed to view and use the information in COPLINK. The information will otherwise be kept confidential. b. Internal Requests for Information: An Authorized User who receives a request from a non -authorized requestor for information in COPLINK shall not release that information, but may refer the requestor to the Source Agency. d. Removal or Expungement of Records: LARILJP shall determine a schedule for record deletion, removal expungement, and other edits. Any Agency that seeks to edit a record sooner than the scheduled time shall contact the Contractor directly and arrange for the change to be manually processed. VII. SYSTEM ACCESS a. Network Access: Access to COPLINK will be provided by a private network maintained by the Los Angeles County Sheriff's Department or any other secure network configuration that is mutually acceptable to the member agencies. b. System Availability: COPLINK shall operate 24-hours a day, 7-days a week, with downtime limited to those hours required for any necessary maintenance activities. Vlll. AGREEMENT TERMS a. Term: This agreement will commence on the date that it is adopted by the first LARILJP participating Agency, and shall last until the last Agency withdraws, pursuant to section I. e. of this agreement. b. Changes to Agreement: Additional law enforcement agencies may be added to LARILJP by signing an amended copy of the Agreement, accepting its terms and conditions, and obtaining an approval by a simple majority of the LARILJP Governance Committee. Based on ongoing monitoring of COPLINK, Agencies may propose other changes to this Agreement. Such proposals require the approval of a simple majority of the participating Agencies. Page 6 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement c. Supplemental Policies: An Agency may add individual guidelines for its own computers or networks providing they do not conflict with the provisions of this agreement. d. Sanctions for Non -Compliance: Any Agency that violates the guidelines of this may be disconnected from the COPLINK System. The Agency will be provided with a 60-day written notice of the violation, and the opportunity to correct the violation. Failure to meet the guidelines will result in the termination of System access for the offending Agency. All disputes concerning access shall be determined by a simple majority vote of the LARIJP Governance Committee. IX. SIGN -OFF ON EXECUTION OF AGREEMENT By executing this agreement, each Agency acknowledges that it has received a copy of this agreement, and will comply with its terms and conditions. This Memorandum of Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A complete original will be kept on file with the Los Angeles City Clerk. For all other purposes, facsimile signatures are acceptable as originals. Page 7 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement CITY OF VERNON, CALIFORNIA Date: LEONIS C. MALBURG, Mayor ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: JEFF A. HARRISON, City Attorney Date: Page 52 of 54 SUPPORTING DOCUMENTS MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION SYSTEM PARTICIPATING AGENCIES OVERVIEW a. Background: The mission of the Los Angeles Regional Integrated Law and Justice Project ("LARILJP") is to coordinate the development and implementation of a regional justice information sharing system that will allow law enforcement agencies throughout Los Angeles County to share information in their case and records management systems. The goal is to protect the total community by efficiently and effectively providing accessible, accurate information for the speedy investigation and apprehension of terrorists and other law violators. The sharing of information shall be achieved through the COPLINK System ("COPLINK"). A "Contractor" (currently Knowledge Computing Corporation) shall install and maintain COPLINK. b. Intended Benefits: By sharing public safety information, LARILJP participating agencies ("Agencies" or "Agency") will be able to improve their responses to terrorism and community crime. COPLINK provides sophisticated analytical tools that will allow authorized users to discover links and relationships by providing consolidated data across Los Angeles County. This will allow Agencies to solve previously "unsolvable" incidents and investigate serial criminal activity. c. Purpose: The purpose of this agreement ("Agreement) is to outline conditions under which the Agencies will share and use information in COPLINK. By signing this Agreement, Agencies, as well as all individuals who operate or use COPLINK, agree to adhere to the guidelines specified in this Agreement. d. Agency Participation: The LARILJP is a cooperative venture of justice agencies in Los Angeles County, California. Any law enforcement agency in Los Angeles County may apply to participate in LARILJP. To participate in LARILJP and have access to COPLINK, an Agency applicant shall apply to the LARILJP Governance Committee by submitting a proposal that outlines its intended use of COPLINK, the type of data it intends to contribute, and any other information requested by the Governance Committee. A simple majority vote of approval of the Governance Committee is required to approve an Agency's participation in COPLINK. Once approved, each Agency will proactively cooperate Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement with other participating Agencies, the Contractor, and its own system vendors and or maintenance contractors to facilitate: 1. Network access and connectivity 2. Data extracts for engineering and testing purposes 3. Production extracts 4. Required modifications to their source systems 5. Regular data updates as agreed to during the design process 6. Timely review and approval of design documents and test results e. Agency Withdrawal: An Agency may withdraw from participation in COPLINK at any time by providing written notice to the LARILJP Governance Committee. If an Agency wishes its data withdrawn from COPLINK, the withdrawing Agency shall contact the Contractor and request data removal. The withdrawing Agency is responsible for the cost associated with the removal of its data from COPLINK. II. AUTHORIZED RELEASE OF INFORMATION a. Sharing of Information: Each Agency authorizes the release of information residing in its records management system to all users of COPLINK as permitted by law. It is the responsibility of each Agency to specify which data to share, as well as any special requirements that may apply to certain kinds of information. An Agency that does not want certain data made available from its records management system to COPLINK is responsible for ensuring that the data is not included in data transfer to COPLINK. An Agency that wants data from its records management system to be made available only to a select group of COPLINK users is responsible for placing the appropriate restriction indicator on the underlying data in the agency's internal records management system or database. California law prohibits the release of victim information in specific sex related crimes, sealed juvenile records, and the release of summary criminal history to unauthorized persons. b. Limitation on Information Sharing: Information contributed by each Agency shall only be shared with or released to those Agencies that have entered into this Agreement. Only authorized Agency employees who have an approved login and password ("Authorized Users") will be allowed to access or use information in the COPLINK System. c. Liability: Each Agency is solely responsible for any and all liability, claim, administrative proceedings, losses, expenses or any injury, including death or damage of any kind whatsoever, whether actual, alleged or threatened, including actual attorney fees, court costs, interest, defense costs and expenses associated there with including the use of experts, Page 2 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of the Agency's use of the COPLINK system and/or its performance under this Agreement. d. Indemnification: Each Agency executing this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the Agency parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above -stated purpose, each Agency shall indemnify, hold harmless, and defend each other, and the officers, agents and employees of each other, from and against any and all liability, claims, administrative proceedings, losses, expenses, or any injury, including death, or damage of any kind whatsoever, whether actual, alleged or threatened, actual attorneys fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of the performance of this Agreement, including the use or alleged or actual misuse of the COPLINK system by the Agency and its employees. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Each Agency executing this agreement certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. e. Internal Audit: Each Agency shall name a System Administrator, who shall conduct an internal audit on a periodic basis to ensure information is reasonably up to date and user queries are made for legitimate law enforcement purposes. COPLINK will require each Authorized User to input the reason for the requested information before any information is generated. This information shall be recorded on COPLINK, and retained to allow the System Administrator to complete the internal audit. III. INFORMATION OWNERSHIP a. Ownership: Each Agency retains control of all information it provides through COPLINK. Each Agency is responsible for creating, updating, and deleting records in its own records management system or database, according to its own policies. Each Agency shall use its best efforts to insure the completeness and accuracy of its source data. Page 3 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement b. Unauthorized Requests: Requests for information in COPLINK that is not authorized for viewing will be referred to the Agency that authored or originated the requested information ("Source Agency"). c. Prohibition Against Release of Information: No Agency nor Authorized User shall release or make available any information it has accessed to any person or entity not authorized to access the COPLINK system, or to any third party without the prior written approval of the Source Agency, or as required by law. d. Public Record Requests, Subpoenas and Court Orders: Any Agency receiving a public records request, subpoena, or court order ("Legal Request") for information in COPLINK authored by or originated by another Agency shall respond to the Legal Request, and shall immediately provide a copy of the Legal Request to the Source Agency System Administrator. IV. UNDERSTANDING ON ACCURACY OF INFORMATION a. Accuracy of Information: Agencies agree that the data maintained in COPLINK consists of information assumed to be accurate. Agencies will participate in several testing sessions, to validate and ensure that its information is accurate. However, data inaccuracies can arise for multiple reasons (e.g., entry errors, misinterpretation, outdated data, etc.). It shall be the responsibility of the Agency requesting or using the data to confirm the accuracy of the information with the Source Agency before taking any enforcement -related action. b. Timeliness of Information: Each Agency shall determine the frequency with which its data will be refreshed in COPLINK. In addition, each Agency has its own policy regarding the speed at which incidents are recorded in its internal records management systems. Since changes or additions to data do not get updated in COPLINK on a real-time basis, Agencies recognize that information may not always be timely and relevant. It shall be the responsibility of the requesting Agency to confirm the timeliness and relevance of the information with the Source Agency. Additionally, a data refresh schedule will be published by each System Administrator to enable a user to determine the potential timeliness of each Agency's data. c. Hold Harmless: To the extent permitted by law, Agencies agree to hold Source Agencies harmless for any information in COPLINK, or any action taken as a result of that data, regardless of whether the data is accurate or not, or any time delay associated with changes, additions, or deletions to the information contributed. This hold harmless provision shall not apply to the willful misconduct or gross negligence of Source Agencies. Page 4 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum ofA_greement V. USER ACCESS a. Login Application Process: Each Agency's System Administrator is responsible for management of user accounts at that Agency. Each Agency agrees that all Authorized Users shall be current employees and be authorized to review criminal history data for legitimate purposes. Each potential user shall submit a request for a login and password to the Agency System Administrator. The Agency System Administrator shall have discretion to deny or revoke individual access. b. Login Assignment: Each Authorized User will be issued a user login and a default password by the Agency System Administrator. Upon logging into COPLINK for the first time, each Authorized User will change the default password to another password. Authorized Users may be assigned to groups that have different levels of access rights based on the level of restriction of the information. c. Provision of Agreement: The Agency System Administrator must provide a copy of the terms and conditions of this Agreement to all Authorized Users when they are issued a login ID for the system. Each Authorized User shall sign an acknowledgement stating, "I have received a copy of the terms and conditions of usage of COPLINK. I agree to comply with the terms and conditions and I understand that violation of the terms and conditions may lead to disciplinary action and/or criminal prosecution." The Agency System Administrator shall maintain the signed acknowledgements at all times. d. Intended Use: Each Authorized User agrees that COPLINK, the information contained in it, and the networking resources it provides are to be used solely for purposes consistent with the mission of the LARILJP. Authorized Users acknowledge that the information COPLINK will be shared and used for authorized purposes only as permitted by law. Authorized Users shall not use or share the information for any unethical, illegal, or criminal purpose. e. Limitations on Use of Lo ins: An Authorized User may not access COPLINK by using a name or password that was assigned to another user. An authorized User cannot give his or her password to another person, including another user, to access the system. f. Audit Trail: Each transaction on COPLINK is logged, and an audit trail is created. Each Agency System Administrator shall maintain the audit trail for a minimum of three years. Requests for transaction logs shall be made in writing by the Agency System Administrator, who shall provide the logs to the requesting party within a reasonable amount of time. g. Termination of Logins: Each Agency System Administrator is responsible for timely removal of any login accounts as Authorized Users leave the Agency, fail to meet the requirements of this Agreement, or are Page 5 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement denied access by the Agency System Administrator for any other reason. VI. CONFIDENTIALITY OF INFORMATION a. Information Confidentiality: Information in COPLINK is confidential and is not subject to public disclosure, except as required by law. Only Authorized Users are allowed to view and use the information in COPLINK. The information will otherwise be kept confidential. b. Internal Requests for Information: An Authorized User who receives a request from a non -authorized requestor for information in COPLINK shall not release that information, but may refer the requestor to the Source Agency. d. Removal or Exoungement of Records: LARILJP shall determine a schedule for record deletion, removal expungement, and other edits. Any Agency that seeks to edit a record sooner than the scheduled time shall contact the Contractor directly and arrange for the change to be manually processed. VII. SYSTEM ACCESS a. Network Access: Access to COPLINK will be provided by a private network maintained by the Los Angeles County Sheriff's Department or any other secure network configuration that is mutually acceptable to the member agencies. b. System Availability: COPLINK shall operate 24-hours a day, 7-days a week, with downtime limited to those hours required for any necessary maintenance activities. Vill. AGREEMENT TERMS a. Term: This agreement will commence on the date that it is adopted by the first LARILJP participating Agency, and shall last until the last Agency withdraws, pursuant to section I. e. of this agreement. b. Changes to Agreement: Additional law enforcement agencies may be added to LARILJP by signing an amended copy of the Agreement, accepting its terms and conditions, and obtaining an approval by a simple majority of the LARILJP Governance Committee. Based on ongoing monitoring of COPLINK, Agencies may propose other changes to this Agreement. Such proposals require the approval of a simple majority of the participating Agencies. Page 6 of 54 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement c. Supplemental Policies: An Agency may add individual guidelines for its own computers or networks providing they do not conflict with the provisions of this agreement. d. Sanctions for Non -Compliance: Any Agency that violates the guidelines of this may be disconnected from the COPLINK System. The Agency will be provided with a 60-day written notice of the violation, and the opportunity to correct the violation. Failure to meet the guidelines will result in the termination of System access for the offending Agency. All disputes concerning access shall be determined by a simple majority vote of the LARIJP Governance Committee. IX. SIGN -OFF ON EXECUTION OF AGREEMENT By executing this agreement, each Agency acknowledges that it has received a copy of this agreement, and will comply with its terms and conditions. This Memorandum of Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A complete original will be kept on file with the Los Angeles City Clerk. For all other purposes, facsimile signatures are acceptable as originals. Page 7 of 54 Regional Terrorism Intelligence and Integration System - COPLINK emoran um QfAgmement CITY OF VERNON, CALIFORNIA Date: j G' LSF=QNIS C. M BUR , Mayor AT( EST: ELA GIRON, crty Clerk APPROV AS TO FORM: CA k " v----- J A. rRISON, City Attorney Date: a Page 52 of 54 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 12, 2007 TO: Steve Towles, Chief of Police FROM: f Nelly Giron, City Clerk RE: Resolution No. 9411 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Agreement for the Los Angeles Regional Integrated Law and Justice Project Among the Regional Terrorism Intelligence and Integration System Participating Agencies Transmitted herewith is a copy of Resolution No. 9411, as referenced above, which was approved by City Council on September 4, 2007. Also attached herewith is a memorandum of agreement to be filed by your department to the appropriate party. Thank you. NG:dr c: Resolution No. 9411 Agreement 07-099