August 20, 1999
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
RESOLUTION AUTHORIZING THE SHERIFF TO SIGN AND EXECUTE FUTURE AGREEMENTS AND AMENDMENTS BETWEEN JUSTICE DATA
INTERFACE CONTROLLER (JDIC) SYSTEM USERS AND COUNTY
FOR SAID JDIC SERVICES (3 VOTES)
CIO RECOMMENDATION: APPROVE ( ) APPROVE WITH MODIFICATION ( ) DISAPPROVE ( ) NO SYSTEM IMPACT ( )
JOINT RECOMMENDATION WITH THE SHERIFF THAT YOUR BOARD:
1. Adopt a resolution authorizing the Sheriff of Los Angeles County, as its agent, to sign and execute agreements, and any amendments thereto, between the Law Enforcement Agencies and the County of Los Angeles for Justice Data Interface Controller (JDIC) System services.
2. Direct the Chairman to sign five originals of the Resolution.
PURPOSE OF RECOMMENDED ACTION
On August 24, 1993, your Board approved a resolution which allowed the Sheriff to approve and execute through Fiscal Year 1998-1999, as the agent of the Board, contractual agreements and amendments for JDIC services, between approved law enforcement agencies and the County of Los Angeles. Execution of these documents by the Sheriff represents a recurring activity that can continue to be delegated by the Board.
The Honorable Board of Supervisors
August 20, 1999
Page 2
The County Counsel and Chief Administrative Officer have reviewed and concurred with this recommendation. The Chief Information Officer has reviewed this recommendation and finds no system impact.
FINANCING
There are no funding sources required and no associated costs have been identified with this action. Substantial administrative savings will be gained due to the streamlined process.
FISCAL IMPACT
Over 100 agencies contract with the County for use of the JDIC system. It is estimated that by continuing to authorize the Sheriff to execute these routine agreements, the Board will save the time and paperwork required to process approximately 100 contracts per year. Each action executed by the Sheriff requires only two copies of the agreement or amendment, rather than the 19 currently required for Board approval.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The Los Angeles County Sheriff's Department is the California Law Enforcement Telecommunications System (CLETS) Control Agency for the County of Los Angeles and as such, has entered into several federally funded grant agreements with the State of California, Office of Criminal Justice Planning. These funds are provided for the purpose of furnishing a county-wide law enforcement communications system known as the Justice Data Interface Controller (JDIC) System.
The JDIC system is an interface system which allows other agencies and other Sheriff_s systems to receive and send messages to other systems in the correct format. For example, JDIC will allow access to the Los Angeles Regional Crime Information System (LARCIS)
by outside agencies and will facilitate Departmental communications through the mobile digital terminal communication system.
The Honorable Board of Supervisors
August 20, 1999
Page 3
Under terms of the Agreement, the majority of user law enforcement agencies procure, install and maintain JDIC equipment at their own expense. Maintenance costs for the equipment are minimal and are absorbed within the Sheriff_s Department_s budget. The Agreement also delineates the security requirements, responsibilities, and liabilities of each party.
An amendment is required any time the user agency_s equipment inventory changes or there is a significant alteration in the user agency_s method of access to the JDIC system, such as installation of a computer-aided dispatch system or link through the Sheriff_s Data Network.
There are no fees charged for utilization of the JDIC system. In the event of future JDIC system enhancements, however, an Agreement may be amended so that the user agency pays a prorated cost representing its proportional share of the enhancement (based upon percentage of system use and equipment installed).
Samples of an agreement and an amendment are attached. These samples represent the current agreements between Los Angeles County and all law enforcement agencies. Except for the name of the participating agency and the listed, county-maintained equipment, the agreement/amendment for each agency is essentially identical.
IMPACT ON CURRENT SERVICES
Continuation of the Sheriff_s authority to sign routine JDIC agreements and amendments will have no impact on current services.
The Honorable Board of Supervisors
August 20, 1999
Page 4
CONCLUSION
Upon approval of the recommendations, the Executive Officer of the Board of Supervisors is requested to return three executed originals of the resolution to the Los Angeles County Sheriff_s Department. Our staff will distribute the originals as required.
Respectfully submitted, Reviewed by:
LEROY D. BACA Jon W. Fullinwider
SHERIFF Chief Information Officer
(See Attached Analysis)
The Honorable Board of Supervisors
August 20, 1999
Page 5
LDB:SRB:ES:AM:dm
(JDIC Unit)
Attachments: 2
c: Executive Office of the Board of Supervisors
Auditor Controller
Chief Administrative Officer
Rochelle Goff, Analyst, CAO
County Counsel
Sharon R. Bunn, Division Director, Office of Administrative Services
Patricia A. Hawkins, Director, Fiscal Administration
Eva Snider, Assistant Director, Fiscal Administration
Chrono
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
RESOLUTION
Whereas, the Los Angeles County Sheriff's Department, hereinafter referred to as _LASD_, is the California Law Enforcement Telecommunications System (CLETS) Control Agency for the County of Los Angeles, hereinafter referred to as _COUNTY_, as designated by the CLETS Advisory Committee under authority of Section 15161 of the California Government Code; and
Whereas, LASD has entered into several federally funded grant agreements with the State of California, Office of Criminal Justice Planning; provided for the purpose of furnishing a county-wide law enforcement communications system known as the Justice Data Interface Controller System, hereinafter referred to as _JDIC_; and
Whereas, Countywide Law Enforcement Agencies are authorized by various statues to participate in JDIC, and LASD is charged with providing such criminal offender record information and other criminal justice information as is made available from the State of California and other law enforcement data files as may be subsequently authorized for JDIC users; and
Whereas, the governing body of COUNTY, the Board of Supervisors, (hereinafter, BOARD) and LASD are desirous of providing JDIC services, and, to that end, are committed through the Agreement process, which requires execution by BOARD; and
Whereas, execution of these documents by the Sheriff represents a recurring activity that can be delegated by BOARD;
BE IT RESOLVED that BOARD authorizes the Sheriff of the County of Los Angeles, as its agent to sign and execute contractual Agreements, and any amendments thereto between the Law Enforcement Agencies and the County of Los Angeles for said JDIC services.
Page 1 of 2
The foregoing resolution was on the ________________day of 1999, adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts.
THE COUNTY OF LOS ANGELES
By ___________________________
Chairman, Board of Supervisors
ATTEST: JOANNE STURGES, Executive Officer-Clerk
of the Board of Supervisors of the County of
Los Angeles
By ______________________________
Deputy
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
By __________________________
DALILA CORRAL
Senior Deputy County Counsel
Page 2 of 2
SAMPLE AGREEMENT (Attachment 1)
This Agreement is made and entered by and between the State of California, Department of Corrections, hereinafter referred to as "CORRECTIONS", and the County of Los Angeles, hereinafter referred to as "COUNTY", a political subdivision of the State of California.
W I T N E S S E T H
WHEREAS, the Los Angeles County Sheriff's Department, hereinafter referred to as "LASD", is the CLETS (California Law Enforcement Telecommunications System) Control Agency for COUNTY as designated by the CLETS Advisory Committee under authority of Section 15161 of the California Government Code; and
WHEREAS, LASD has entered into several grant agreements with the State of California, Office of Criminal Justice Planning, said grants being funded by the Federal Law Enforcement Assistance Administration; provided for the purpose of designing, implementing and furnishing a County-wide law enforcement message switching data communications system known as the Justice Data Interface Controller System, hereinafter referred to as "JDIC"; and
WHEREAS, State of California, Department of Corrections, Parole and Community Services Division, hereinafter referred to as "PAROLE", and LASD will participate in JDIC; and
WHEREAS, LASD agrees to furnish through JDIC such criminal offender record information and other criminal justice information as is made available from the State of California and other law enforcement data files as may be subsequently authorized for JDIC System users; and
WHEREAS, CORRECTIONS desires to participate in JDIC, and in order to accomplish said goal, is willing to purchase the necessary equipment; and
WHEREAS, LASD, from time to time, may enhance JDIC by installing new central site computer equipment and/or software to increase the quality and responsiveness of the system and enhance service to all users of this system; and
WHEREAS, it is the policy of COUNTY to require all users of JDIC to contribute a fair share of the cost of development and implementation of all improvements to JDIC and telecommunications network; and
WHEREAS, in order to assure compatibility and to maximize PAROLE's utilization of JDIC equipment, it is necessary that maintenance of all JDIC equipment be performed by COUNTY.
NOW, THEREFORE, the parties hereto agree that CORRECTIONS, through the PAROLE, will participate in JDIC pursuant to the following terms, conditions and procedures:
1. Fee
There is no fee for use of the existing JDIC System. In the event of future JDIC System enhancements, following the enhancement, COUNTY shall bill CORRECTIONS, and CORRECTIONS shall pay to COUNTY, a sum, which represents the percentage of CORRECTIONS's use of JDIC for the previous fiscal year. COUNTY shall notify CORRECTIONS in writing at least 180 days preceding impending enhancements, according to Section 11, Notices, (Page 7) and shall amend this Agreement accordingly.
2. Equipment Procurement
CORRECTIONS shall purchase, or has already purchased, the following equipment for use in JDIC:
Seven (7) AT&T 6286 WGS Terminals with Standard JDIC features;
Seven (7) Okidata Microline 320 Dot Matrix Printers;
Necessary cables, connectors, materials and installation for the above equipment.
(a) Warranties
The purchase order awarded by CORRECTIONS for procurement of the above-described equipment shall include a provision which gives COUNTY and CORRECTIONS the right to invoke any warranties which apply to said equipment.
(b) Installation and Maintenance
CORRECTIONS shall be responsible for the installation and acceptance testing of the above-described equipment. Maintenance shall be performed by COUNTY.
(c) Substitute Equipment
In connection with COUNTY's routine maintenance of JDIC equipment, the above-described equipment may be removed by COUNTY and replaced with substitute equipment. Upon termination of this Agreement, COUNTY shall return the above-described equipment to CORRECTIONS, or may, at COUNTY's option, deliver to CORRECTIONS substitute equipment having comparable wear and tear.
(d) Loaned Equipment
Upon termination of this Agreement, CORRECTIONS shall return the following loaned equipment:
Three (3) General DataComm NMS 9600 rack mount modems with rack mount interface adapter (One each - central sites);
Two (2) General DataComm NMS 9600 stand alone modems with DBU-79 card (Remote Site)
3. COUNTY Responsibility
(a) LASD as the Message Switching Computer Agency, shall conform to the rules and procedures for message switching computers connected to California Law Enforcement Telecommunications System.
(b) LASD shall select the equipment for, provide, operate and manage the message switching computer system in COUNTY in order to provide the services specified herein.
(c) LASD must review and approve all applications for connection to JDIC.
(d) LASD shall provide assistance in the training of terminal operators at designated times and locations within COUNTY.
4. CORRECTIONS Responsibility
(a) CORRECTIONS certifies that it is a qualified public agency eligible to participate in the CLETS, as defined by said CLETS Policies, Practices and Procedures.
(b) CORRECTIONS certifies that it has current CLETS subscribers Agreement with the Attorney General of California as required by Section 15165 of the California Government Code.
(c) CORRECTIONS shall conform to the Policies, Practices and Procedures of the California Law Enforcement Telecommunications System.
(d) CORRECTIONS agrees to permit duly appointed representatives of LASD and/or the State of California to audit the use, location, and general security of the terminal and to assist in the orderly audit of terminal use.
(e) CORRECTIONS agrees to appoint a security and privacy officer who shall be responsible for all security and privacy considerations relating to the use of terminal or terminals. This security and privacy officer shall be the liaison point for LASD regarding security and privacy matters.
(f) CORRECTIONS agrees to limit access of information furnished to employees, or other criminal justice/law enforcement agencies under standard guidelines as set forth herein.
(g) CORRECTIONS agrees that it will conform to all security provisions of the CLETS Operating Policies and Procedures including those rules relating to the secure location of terminal equipment and provisions for security clearances of all personnel authorized to use JDIC equipment. Current lists of cleared personnel authorized to utilize JDIC equipment will be maintained and furnished to LASD annually.
(h) CORRECTIONS agrees to comply with:
(1) Federal and State laws relating to the use of Criminal Justice Information.
(2) Rules, Procedures and Policies approved by National Criminal Information Center when utilizing criminal history information obtained through the Federal Bureau of Investigation, National Crime Information Center and Computerized Criminal History Program.
(i) CORRECTIONS will provide personnel to operate the terminals as may be appropriate.
(j) CORRECTIONS agrees to establish, post and distribute to all terminal operators and other appropriate personnel the above rules and regulations to ensure security of respective JDIC terminals and privacy of data received or generated via JDIC System terminals.
(k) CORRECTIONS shall be responsible for replacing or repairing equipment listed herein for which it is accountable when such equipment is lost, stolen, damaged, or destroyed through the intentional or negligent acts of CORRECTIONS, its agents or servants.
5. Modifications
All modifications, including but not limited to changes in location of equipment, shall be incorporated only by LASD personnel or by such parties as LASD may authorize.
In the event CORRECTIONS desires any changes to the installation, CORRECTIONS shall submit a written request to LASD specifying the changes desired. LASD shall evaluate the request, and if acceptable to LASD, shall advise CORRECTIONS in writing of such acceptance. Following such acceptance by LASD, CORRECTIONS may effect changes by either of the following methods:
(a) CORRECTIONS may contract either any qualified vendor for performance of such work in accordance with the specifications set forth in the approved request, or;
(b) CORRECTIONS may request LASD to perform the requested changes. If CORRECTIONS requests LASD to perform the requested changes and accepts the estimated costs, LASD shall effect the requested changes and invoice CORRECTIONS for all work performed. CORRECTIONS shall pay said invoice within thirty (30) days after receipt thereof.
6. No Agency
It is not intended that this Agreement should create an agency between CORRECTIONS and COUNTY.
7. Hold Harmless Clauses
CORRECTIONS shall indemnify and hold harmless COUNTY, its officers or employees, for any liability arising out of negligent or wrongful acts or omissions of CORRECTIONS, its officers, agents or employees, in the performance of the Agreement.
COUNTY shall indemnify and hold harmless CORRECTIONS, its officers or employees, for any liability arising out of negligent or wrongful acts or omissions of COUNTY, its officers, agents or employees, in the performance of this Agreement.
8. COUNTY Liability
COUNTY shall incur no liability whatsoever by reason of the system, the terminals, the communications lines or other associated equipment being inoperative.
In the event that injury is caused by the negligent or wrongful acts of both parties to this Agreement, the ultimate financial responsibility of each party shall be determined based upon the applicable laws of the State of California.
9. Default and Termination
Either party, with or without cause, may terminate this Agreement upon the giving of a thirty (30) day written notice.
In the event either party to this Agreement fails to abide by the terms and conditions herein, the non-defaulting party may give written notice to correct the defect of default and if the same is not corrected, or substantial steps taken toward accomplishing such correction, within five (5) days after receipt of such notification by the defaulting party, the non-defaulting party may terminate this Agreement immediately.
10. Waiver
The waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant of conditions, or of any subsequent breach of the same term, covenant or condition.
11. Notices
Written notices to CORRECTIONS hereunder and to PAROLE shall be given by registered or certified mail, postage prepaid, and addressed to said parties at 107 South Broadway, Room 3007, Los Angeles, California 90012 or to such other address as these parties may designate by written notice to COUNTY.
Written notices to COUNTY hereunder shall be given by registered or certified mail, postage prepaid and addressed to Sheriff's Communications Center, 1277 North Eastern Avenue, Los Angeles, California 90063-3217 or to such other address as COUNTY may designate by written notice to CORRECTIONS.
The execution of any such notice by PAROLE shall be as effective as to COUNTY as if it were executed by CORRECTIONS, and COUNTY shall not question the authority of PAROLE to execute any such notice.
All such notices shall be delivered personally to the CORRECTIONS, in the one case, or COUNTY in the other case, or shall be deposited in the United States mail, properly addressed as foresaid with postage fully prepaid by certified of registered mail, and shall be effective upon receipt.
Date ____________________________
Sheriff
By ____________________________
Dalila Corral
Senior Deputy County Counsel Date _____________________________
Date ____________________________
By ____________________________ By _____________________________
Title ____________________________ Title ___________________________
By ___________________________
Title ___________________________
Purchase and Maintenance of New Equipment:
1. PD shall purchase, at its own expense, all necessary computer equipment for use in the JDIC System, including cables, connectors, and materials.
PD shall be responsible for the installation, acceptance testing, and maintenance of the above-described equipment.
2. COUNTY shall purchase and maintain the following equipment:
DSU, Router, Frame Relay Data Circuit, and/or FRAD.
3. No warranty on the part of COUNTY is implied by this agreement.
Dispersion of Previously Maintained Equipment
PD has elected to retain and shall assume maintenance on all equipment assigned to COUNTY in previous agreements, with the exception of the following:
One (1) Okidata Microline 320 Dot Matrix Printer
LLOYD W. PELLMAN political subdivision of the State of
County Counsel California
By: _______________________ By ___________________________
DALILA CORRAL LEROY D. BACA
Senior Deputy County Counsel Sheriff
Date: _________________________
By _______________________ By __________________________
Title _______________________ Title __________________________
Date __________________________
By __________________________
Title __________________________