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Resolution No. 2011-056RESOLUTION NO. 2011-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION SYSTEM PARTICIPATING AGENCIES WHEREAS, on September 4, 2007, the City Council of the City of Vernon adopted Resolution No. 9411 approving a Memorandum of Agreement for the Vernon Police Department's participation of the Los Angeles Regional Integrated Law and Justice Project ("LARILJP") WHEREAS, the mission of the Los Angeles Regional Integrated Law and Justice Project ("LARILJP"), a cooperative venture of justice agencies in Los Angeles County, is to coordinate the development and implementation of a regional justice information sharing system known as the COPLINK System that allows law enforcement agencies throughout Los Angeles County to share information in their case and records management systems with the goal of protecting the total community by efficiently and effectively providing accessible, accurate information for the speedy investigation and apprehension of terrorists and other law violators; and WHEREAS, the City of Vernon ("City") is a participating agency in the LARILJP; and WHEREAS, various participating agencies of the LARILJP desire to enter into an amended Memorandum of Agreement for the Los Angeles Regional Integrated Law and Justice Project establishing conditions under which participating agencies will continue to share and use information in the COPLINK System; and WHEREAS, by memo dated March 7, 2011, the Chief of Police recommends the City enter into an amended Memorandum of Agreement for the continued participation of the City in the LARILJP (the "Agreement"). WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an amended agreement with various participating LARILJP agencies to enhance services provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of,the City of Vernon hereby approves the amended Memorandum of Agreement for the Los Angeles Regional Integrated Law and Justice Project among the Regional Terrorism Intelligence and Integration System Participating Agencies, in substantially the same form attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this resolution and the transactions herein approved or authorized. - 2 - SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send one fully executed Agreement to the LARILJP. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5th day of April, 2011 Name: Hilario Gonzales Title: Mayor - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-56, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 5, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this Z-C day of April, ,A011, at Vernon, California. (SEAL) - 4 - EXHIBIT A MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES REGIONAL INTEGRATED LAIN AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION, SYSTEM PARTICIPATING AGENCIES 1) 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, as well as law enforcement agencies in other regions of the State and beyond which have entered into Intergovernmental Agreements (IGA's), 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 12") shall install and maintain COPLINK. b) Intended Benefits: By sharing public safety information, LARILJP participating agencies and other participating agencies as approved through IGA's ("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 Regional Terrorism Intelligence and _Integration System -- COPLI� Memorandum of Agreement 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 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 COPLINIK. 11) 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 placing the appropriate restriction indicator on the underlying data in the agency's internal records management system or database. Under the authority of this Agreement, all RTIIS Member Agencies grant their authorization to the RTIIS Governance Committee and the Committee Chair for the limited purpose of executing IGA's as approved by the County Counsel acting Regional Terrorism Intelligence and Inteqmption System — COPUNK Memorandum of Ag gement as the Legal Representative of the RTIIS. When those Agreements are approved as authorized,"they will not require further review or approval by each participating agency. Such IGA's shall have no material changes adversely affecting the participating agencies included in this Agreement. 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 or any approved IGA. 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, 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) 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. Regional Terrorism Intelligence and Integration System ; QMINK 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 from 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 b 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 Regional Terrorism Intelligence and lnfog- on System — COPLINK Memorandum of Agreement contributed. This hold harmless provision shall not apply to the willful misconduct or gross negligence of Source Agencies. 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. 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 authorize 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 Logons: 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. Regional Termrfsln Li7tel-rtgence and I ter - QOPLINK Memorandum of Amemen 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 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. c) 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 Sheriffs Department or any other secure network configuration that is mutually acceptable to the member agencies or others with which an approved IGA has been executed. 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) SYSTEM MAINTENANCE a) Under the authority of this Agreement, all RTIIS Member Agencies grant their authorization to the RTIIS Governance Committee and the Committee Chair for the limited purpose of implementing a business model or funding mechanism for ongoing maintenance of the RTIIS system. Upon that business model or funding mechanism being identified, it may be implemented without further review or approval by each participating agency, to sustain the integrity of the RTIIS system. Reaional Terrorism Intelligence and Integration System --- COI'U�IK Memorandum of Agreement IX) 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. 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. X) SIGN -OFF 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. The individual executing this Agreement certifies that the person signing it is authorized by its Party to bind the represented agency to the terms and conditions of this amended Agreement. This Memorandum of Agreement may be executed in one or more counterparts, each of which will 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 County Police Chiefs' Association. For all other purposes, facsimile signatures are acceptable as originals. CITY OF VERNON Hilario Gonzales Print Name Mayor Title ATTEST: Willard G. Yamaguchi, City Clerk APPROVED AS TO FORM: Date Willard G. Yamaguchi, Interim City Attorney Date CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 11, 2011 TO: Daniel Calleros, Interim Chief of Police FROM: Willard Yamaguchi, City Clerk 4/1 RE: Resolution No. 2011-56 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended 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 fully executed agreement for your transmittal and a copy of Resolution No. 2011-56, referenced above, which was approved by City Council on April 5, 2011. Thank you. WY:dj Enclosures c: Resolution No. 2011-56 Agreement File No. 11-045 MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION SYSTEM PARTICIPATING AGENCIES 1) 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, as well as law enforcement agencies in other regions of the State and beyond which have entered into Intergovernmental Agreements (IGA's), 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 12") shall install and maintain COPLINK. b) Intended Benefits: ' By sharing public safety information, LARILJP participating agencies and other participating agencies as approved through IGA's ("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 Regional Terrorism Intelligence and Integration System — COPLINK Memorandum of Aareement 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 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 COPLINIK. 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 placing the appropriate restriction indicator on the underlying data in the agency's internal records management system or database. Under the authority of this Agreement, all RTIIS Member Agencies grant, their authorization to the RTIIS Governance Committee and the Committee Chair for the limited purpose of executing IGA's as approved by the County Counsel acting Regional Terrorism Intelligence and Integration System — COPLINK Memorandum of Agreement as the Legal Representative of the RTIIS. When those Agreements are approved as authorized, they will not require further review or approval by each participating agency. Such IGA's shall have no material changes adversely affecting the participating agencies included in this Agreement. 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 or any approved IGA. 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 anykind 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, 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) 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. 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 from 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 b 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 Regional Terrorism Intelligence and Integration System - COPLINK Memorandum of Agreement contributed. This hold harmless provision shall not apply to the willful misconduct or gross negligence of Source Agencies. 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. 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 authorize 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 Logons: 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. Regional Terrorism Intelligence and Integration System — COPLINK Memorandum of Agreement 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 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. c) 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 or others with which an approved IGA has been executed. 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. VIII) SYSTEM MAINTENANCE a) Under the authority of this Agreement, all RTIIS Member Agencies grant their authorization to the RTIIS Governance Committee and the Committee Chair for the limited purpose of implementing a business model or funding mechanism for ongoing maintenance of the RTIIS system. Upon that business model or funding mechanism being identified, it may be implemented without further review or approval by each participating agency, to sustain the integrity of the RTIIS system. Regional Terrorism Intelligence and Integration System — COPLINK Memorandum of Agreement IX), 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. 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. X) SIGN -OFF EXECUTION OF AGREEMENT By executing this agreemen#, each Agency acknowledges that it has received a copy of this agreement, and will comply with its terms and conditions. The individual executing this Agreement certifies that the person signing it is authorized by its Party to bind the represented agency to the terms and conditions of this amended Agreement. This Memorandum of Agreement may be executed in one or more counterparts, each of which will 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 County Police Chiefs' Association. For all other purposes, facsimile signatures are acceptable as originals. Regional Terrorism Intelligence and Integration Svstem - COPLINK Memorandum of Agreement CITY OF VERNON Hilario Gonzales Print Name Mayor Title 0 AP ?VED AS TO FORM: Date 1"I City Attorney Date � aEC,IE® MAC 0 7 2011 CITy CLERK'S ofF@E STAFF REPORT VERNON POLICE DEPARTMENT DATE: March 7, 2011 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Interim Chief of Police RECEIVED MAR 0 7 2011 CITY ADMINISTRATION RE: Memorandum of Agreement for the Los Angeles Reg ional,lntegrated Law and Justice Project PURPOSE The purpose of this memorandum is to request approval of a Memorandum of Agreement with the Regional Terrorism Information Integration System participating agencies for the continued participation of the City of Vernon in the Los Angeles Regional Integrated Law and Justice Project. EXECUTIVE SUMMARY The Vernon Police Department currently shares information with all law enforcement agencies in Los Angeles County in the Regional Terrorism Information Integration System (RTIIS) COPLINK system. The Police Department (PD) seeks the approval of a Memorandum of Agreement for the continued participation of the City of. Vernon in the Los Angeles Regional Integrated Law and Justice Project (LARILJP) to share information among the participating agencies in the RTIIS and with other participating agencies as approved through future intergovernmental agreements. This agreement amends the existing agreement signed in September 2007, under Resolution No. 9411, and will allow Los Angeles County agencies to share information with law enforcement agencies throughout'California and the nation. BACKGROUND In September 2007 the Vernon Police Department entered into an agreement with forty-seven other law enforcement agencies to share law enforcement information from their records database systems. City Attorneys from multiple cities worked numerous hours with attorneys from the County of Los Angeles and other agencies to develop the original agreement between the law enforcement agencies representing the eighty-eight independent cities and the unincorporated areas of Los Angeles County. The Vernon Police Department contributes law enforcement records information to the COPLINK database and is able to access more than two hundred million records to assist with its crime and terrorism investigations. The City of Vernon Staff Report March 7, 2011 Approve a Memorandum of Agreement Among the Agencies of the LARILJP Page 2 was able to join and participate in the Los Angeles Regional Integrated Law and Justice Project (LARILJP) at no cost. Grant funds from the Los Angeles County Sheriff Department (LASD) and the Los Angeles Police Department (LAPD) paid for the integration of the Vernon Police Department database to the RTIIS and for the first three years of system maintenance. The maintenance agreement will expire in August 2012. The original Memorandum of Agreement among the RTIIS agencies established the guidelines to regulate the sharing of information. The Memorandum of Agreement identified the purpose of the system, the criteria for agencies' participation, the rules for the contribution and dissemination of information, the ownership and audit requirements of information, and other terms, conditions, policies and procedures of the system. A LARILJP Governance Committee comprised of representatives from LASD, LAPD, and three Chiefs of Police from the independent cities received the authority to accept agencies into the RTIIS with a simple majority vote. The current Agreement requires the simple majority vote of all forty-seven RTIIS agencies to connect to other cooperating law enforcement sharing initiatives such as Orange, San Diego and San Bernardino Counties. The proposed amended Memorandum of Agreement gives the LARILJP Governance Committee the power of attorney for the forty-seven participating agencies to sign Intergovernmental Agreements to share information with other counties and cities in California and the nation; gives the Los Angeles County Counsel the power to act as the legal representative of the forty-seven participating agencies in the matters of the RTIIS; gives the Governance Committee the authority to seek grant funding for the continued maintenance of the RTIIS and/or to discuss funding models for future maintenance costs by the participating agencies. Intergovernmental Agreements with other California counties and regional groups from Oregon, Washington and Arizona would represent the addition of another ninety-five million searchable documents. There are also future plans to link the RTIIS with the Federal Bureau of Investigation's Law Enforcement National Data Exchange network (N-DEX).This would significantly enhance the situational awareness of patrol officers, the investigative resources of detectives and the analysis of crime trends and terrorist threats throughout the region. The Los Angeles Sheriff Department and Los Angeles Police Department directed millions of dollars to establish and maintain the COPLINK data sharing project from 2007 to August 2012 without a cost to the contributing independent agencies. They cannot continue to support the independent cities in the RTIIS without funding from the cities or from grant sources. The amendments to the Agreement would give authority to the Governance Committee to• seek additional funding from Federal and State grant sources and to discuss funding models if individual cities must contribute funds to maintain the system. Knowledge Computing Corporation (KCC) distributed, maintained and updated the COPLINK software in 2007 at the inception of the Los Angeles Regional Integrated Law and Justice Project; KCC has since been acquired by another company, i2. The amended Agreement eliminates an indemnification clause in the original Memorandum of Agreement wherein KCC and the participating agencies indemnified, held harmless and defended each other from and against any and all liability, claims, administrative proceedings, losses, expenses, injuries or damages. The amended Memorandum of Agreement maintains a Hold Harmless clause that Staff Report - March 7, 2011 Approve a Memorandum of Agreement Among the Agencies of the LARILJP Page 3 holds Source Agencies harmless for any information in COPLINK, or any action taken as a result of that data. The City of Vernon can withdraw from the LARILJP and RTIIS at any time. If the City of Vernon does .not approve the amended Memorandum of Agreement the Police Department would discontinue the contribution of data to the RTIIS and would lose its ability to access shared information in the database. The Police Department would make a decision to leave its current data in the system or pay to remove it. RECOMMENDATION Staff recommends that the City Council approve the amended Memorandum of Agreement. See the attached amended Memorandum of Agreement for signature. AGREEMENT REVIEW The amended Memorandum of Agreement has been reviewed and approved by the City Attorney's Office. See the attached Memorandum. FISCAL IMPACT There is not any cost associated with the approval of the amended Memorandum of Agreement. There is a potential cost to continue participation in the RTIIS that may occur in 2012. The cost for maintenance of the system will be divided among. the forty-seven participating agencies based on an as yet'undetermined funding model. Funding model examples could include a rate based on population, on the number of agency users, the number of sworn police personnel or other criteria. The Police Department will consider using Federal asset forfeiture funds to cover the cost to continue participation in the RTIIS COPLINK System. Attachment: • Memorandum of Agreement and signature page • City Attorney's Office Memorandum OF VPR LV{'LY IN�V CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: Marsh 3, 2011 TO: Daniel Calleros, Police Chief FROM: Willard G. Yamaguchi, Interim City Attorney RE: Memorandum of Agreement for the Los Angeles Regional Integrated Law and Justice Project I have received and reviewed the email dated January 18, 2011, and the attachments thereto. The Memorandum of Agreement for the Los Angeles Regional Integrated Law and Justice Project is approved as to form. WY:em Enclosures