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HomeMy WebLinkAbout13 - ILJAOC - Electronic Citation SystemCITY OF F NEWPORT REACH City Council Staff Report November 25, 2014 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jay R. Johnson, Chief of Police — (949) 644 -3701, jjohnson @nbpd.org PREPARED BY: Dennis Birch, Lieutenant PHONE: (949) 644 -3660, dbirch @nbpd.org TITLE: Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County and Approval of Purchase of Electronic Citation System ABSTRACT: The Police Department seeks City Council approval for an amended Joint Powers Agreement (JPA) for the Integrated Law and Justice Agency for Orange County ( ILJAOC) and to procure software, hardware, and services from ILJAOC that are necessary to participate in the countywide electronic citation system. There are two principal changes to the Joint Powers Agreement: 1. Add California State University, Fullerton Police Department as a Member Agency 2. Modify the ILJAOC governance to improve business processes RECOMMENDATION: a) Approve the Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County; b) Direct the City Clerk to provide a minute order to the ILJAOC Recording Secretary (Jennifer Manzella at Jennifer_manzella @ILJAOC.org), confirming the City Council's approval of the amended JPA; and c) Approve a Letter of Commitment for the procurement of software, hardware, and services necessary for participation in the countywide ILJAOC electronic citation system, in the amount of $204,163.48, and authorize the City Manager to sign the Letter of Commitment. FUNDING REQUIREMENTS: There is no additional cost for the amended Joint Powers Agreement. The City's annual cost share for ILJAOC is calculated yearly and budgeted in 1821 -8298. The procurement cost of the electronic citation system, $204,163.48, is budgeted for FY15 in 6420 -9313 and was approved by City Council during the budget approval process. Ongoing annual maintenance and warranty costs for the electronic citation system are $27,798.00, which is budgeted in 1821 -8298 and was also approved in the FY15 budget. 13 -1 DISCUSSION Background: Since June 2006, the City of Newport Beach (via the Police Department) has been a Member Agency of the ILJAOC, a Joint Powers Authority. The ILJAOC is directed by a 16- member Governing Board comprised of rotating members selected from the Member Agencies and certain permanent board members such as the Sheriff /Coroner and District Attorney, among others, as described in the JPA document. The ILJAOC currently has 24 Members, representing each city that has a municipal Police Department, the County of Orange for their identified Departments, the Superior Court of Orange County and the University of California at Irvine (UCI), on behalf of their Police Department. The primary purpose of the ILJAOC is to allow criminal justice agencies in Orange County to jointly address technology projects and issues on a regional, collaborative basis that would be impractical or impossible to address as individual agencies. This regional approach is also intended to improve business processes affecting the efficiency of the Criminal Justice System in Orange County. Analysis — Changes to the Joint Powers Agreement: Recently, the California State University at Fullerton (CSUF) requested full membership in the ILJAOC on behalf of their Police Department. CSUF's membership in the JPA will serve to strengthen the Orange County law enforcement community by allowing CSUF access to law enforcement data and systems used throughout the county and by integrating CSUF's law enforcement data with those same systems. The current JPA requires that addition of any new Member Agencies must have the concurrence of all the legislative bodies of the existing 24 Member Agencies. Securing legislative approval from all Member Agencies is very difficult to accomplish in a timely manner, considering each agency must follow their own staff and attorney review /approval processes. In order to streamline the new Member Agency approval process for the future, the amended JPA will allow a unanimous vote of the ILJAOC Governing Board to approve the addition of a new Member Agency as long as there are no projected cost increases for existing Member Agencies. If there are cost increases for the existing Member Agencies, legislative approval by the existing Member Agencies would be required. (Refer to Sections 2.02(f), 3.01 and 6.01.) Additional requested modifications to the JPA will assist in the overall management of the ILJAOC business processes. The modifications are as follows: 1. Throughout the JPA document, there are various, minor language clean -ups to improve clarity and readability. 2. A slight adjustment in Member Agency rates ( -.25% for UCI and CSUF participation, which are not subject to the normal per- capita - served population formula applicable to most of the member municipal police departments). The rates for UCI and CSUF will be aligned with rates paid by other similar sized police departments in Orange County. (Refer to Sections 4.06(d) 4.06(e)). 3. A minor adjustment in the ILJAOC Treasurer's Budget /Finances reporting requirements from monthly to quarterly to reflect the low month -to -month financial activity of the Agency. (Refer to Section 4.09.) 4. Adjustments to the JPA indemnification language, primarily focused on Intergovernmental Agreements (IGA's) for sharing criminal information. The changes would give authority to the Governing Board to enter into IGA's when the following conditions are met (Refer to Section 5.04): a. A two - thirds affirmative vote of Governing Board voting members or their alternates b. Approval by the ILJAOC Legal Counsel c. A finding has been made that the risk of entering into such an agreement is outweighed by the benefit to be obtained by doing so 13 -2 d. A determination by the ILJAOC's Risk Manager that insurance provisions applicable to the agreement are adequate, given the specific risks presented 5. When no Member Agency Risk Manager is available to serve as the ILJAOC Risk Manager, the Governing Board would have the authority to appoint an ILJAOC Risk Manager with "comparable experience to serve in that capacity ". (Refer to Section 5.06.) Analysis — Purchase of the ILJAOC Electronic Citation System The ILJAOC, on behalf of its Member Agencies, has completed a multi -year effort to procure an electronic citation system for use by criminal justice agencies throughout Orange County. Brazos Technologies was selected through a lengthy competitive procurement process, and pilot projects at the Irvine, Brea, and Orange Police Departments were successfully conducted. The system has already proven to be efficient and effective, reducing paper consumption and staff time spent processing hand - written citations. The ILJAOC is now managing the JPA's contract with Brazos and is leading implementation of the system countywide. The Brazos system utilizes handheld citations devices which automatically upload violation data to Brazos Technologies' servers. Citations are then approved by appropriate Newport Beach Police Department staff through a remote console, and they are electronically transmitted to the Orange County Superior Court for handling by court staff. Brazos also transmits the citation data to the Police Department's Records Management System for permanent storage with other critical law enforcement data. The Newport Beach Police Department requests to acquire 35 new handheld citation devices and related hardware, software and services and to convert nine existing devices already owned by the Police Department. The 44 total handheld citation devices will outfit all motor officers and all regular patrol vehicles. The cost to procure the devices and related items will be $204,163.48. The ongoing annual maintenance /warranty costs for the system are $27,798.00. The ILJAOC has requested that Member Agencies sign a Letter of Commitment to authorize procurement, rather than a formal contract. ILJAOC is the only source for the countywide system, a lengthy competitive procurement was conducted and there is a strong JPA document in place that specifically details the terms, conditions and responsibilities of the Member Agencies. The Newport Beach City Attorney's Office has reviewed the Letter of Commitment and has approved it as to form. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - ILJAOC Agreement Attachment B - ILJAOC Letter 13 -3 Attachment A RESTATED AND AMENDED JOINT POWERS AGREEMENT f MQfl INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) This Amended Joint Powers Agreement (Agreement) is made and entered into by and between the listed cities, other entities, and County of Orange listed below, collectively referred to as "Member Agencies." This Agreement is dated 2014 for reference purposes. Member Agencies Anaheim Fountain Valley La Palma Brea Fullerton Laguna Beach Buena Park Garden Grove Los Alamitos Costa Mesa Huntington Beach Newport Beach County of Orange Irvine Orange Cypress La Habra Placentia California State University Fullerton Police Department Santa Ana Seal Beach Superior Court of CA, County of Orange Tustin Westminster University of CA, Irvine Police Department RECITALS WHEREAS, the Member Agencies entered into an Agreement entitled "Joint Powers Agreement For Integrated Law & Justice Agency For Orange County' dated as of to create the Integrated Law and Justice Agency for Orange County; and 1 13 -4 WHEREAS, the Member Agencies desire to restate and amend said Joint Powers Agreement; and WHEREAS, the Member Agencies have and possess the power and authorization to finance, organize, and establish a public agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and WHEREAS, the Member Agencies propose to join together to establish, operate, and maintain an agency for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants. WHEREAS, the Member Agencies anticipate that from time to time it may be necessary to amend this Agreement and /or consider adding new Member Agencies, NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: PURPOSE 1.01 The purpose of the Integrated Law and Justice Agency for Orange County (ILJAOC), is to cooperate with each Member Agency in the exercise of some or all of their powers to establish a separate agency to facilitate the integration and sharing of criminal justice information /data in the manner set forth in this Agreement. 2 13 -5 1.02 Each Member Agency expressly retains all rights and powers to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own information system needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the ILJAOC created herein, shall not have authority to impair or control any of the Member Agencies' respective rights, powers, or title to such equipment, facilities, properties, information, and projects, nor shall any Member Agency be required to provide additional personnel, equipment, or services to the ILJAOC, which are not already a part of the Member Agency's current operational costs, or which requires them to modify their non - ILJAOC systems or services, without their consent and full cost reimbursement from other Member Agencies or other revenue sources. 1.03 Each Member Agency expressly retains all rights and powers to use other funds or funding sources to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their information services. Nothing in this Agreement shall be construed to require a Member Agency (i) to disclose any information that the Member Agency determines, in its sole discretion, it does not have the ability or authority to disclose, or (ii) to do any act that the Member Agency determines, in its sole discretion, is contrary to law or public policy. 1.04 The ILJAOC is intended to provide criminal justice and law enforcement officials who have a need and right to know, with comprehensive, timely, and accurate information about a criminal suspect or offender, including identity, criminal history, and current justice status. In addition, it is intended to: a) Allow criminal justice practitioners to maintain legacy databases and share only information that has been agreed upon in advance by a majority vote of the Board or the individual agency affected. b) Reduce redundant document preparation, data entry, transmission, and storage. 3 13 -6 c) Strive to identify and achieve common interests to enhance public safety and due process. d) Maintain individual privacy rights, preserve protections agencies have for public records and promote appropriate access controls and security. e) Support the development of effective criminal justice policy in keeping with the objectives of the Orange County Integrated Law & Justice Strategic Plan ( "Strategic Plan ") adopted by the Orange County Chiefs & Sheriff's Association in April 2001, and any amendments to that plan as approved by a majority vote of the Board. f) Strive for the compatibility of automated systems and processes among the various components of the Orange County Criminal Justice System. g) Acknowledge that each Member Agency is responsible for internal agency security for their records, technical support, etc. h) Recognize that in order to achieve overall success, resources (personnel, software, hardware, etc.), will be shared willingly and in some cases unequally by the Member Agencies, as long as that cooperation does not adversely impact the mission of the sharing member. i) Allow the Member Agencies to work together to implement the adopted Strategic Plan (and subsequent amendments to that plan), for an Integrated Law & Justice System through the information sharing which will result from that collaborative effort. 1.05 Member Agencies are not required to seek approval from the ILJAOC to purchase, install, or modify their own (non - ILJAOC owned) equipment, services, or work performed in conjunction with any legislative mandate /authority granted to or required of Member Agencies in order to carry out their respective responsibilities. Furthermore, the ILJAOC has no power or authority to control, interfere with, or inhibit Member Agencies from conducting their own internal business and /or providing their own (non - ILJAOC owned) resources or services to 3 13 -7 other entities, which may or may not be members of or served by the ILJAOC. Any changes to software or additional hardware that have been integrated into a Member Agency's existing infrastructure as part of a requirement to implement the initiatives approved by the ILJAOC Governing Board will become the sole property of that Member Agency, when without those enhancements, the agency could no longer operate their systems independent of the ILJAOC. 1.06 Member Agencies may modify, upgrade, or otherwise alter any of their internal systems or processes without approval of the ILJAOC, as long as those modifications do not inhibit the exchange of offender data and systems implemented and /or funded by the prior action of the ILJAOC. Notwithstanding anything to the contrary herein, a Member Agency shall have no obligation to seek approval from the ILJAOC for any modification to that Member Agency's internal systems or processes that is mandated by the State, or by any law or regulation governing the affected Member Agency. 1.07 In gathering and sharing information, and in all other respects in performing acts related to this Agreement, the parties will comply with all applicable laws, rules, and regulations. CREATION OF THE INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY 2.01 By this Agreement, the Member Agencies hereby create a separate legal entity to be known as the Integrated Law & Justice Agency for Orange County (" ILJAOC"). The Member Agencies may agree on a different name for the ILJAOC. 2.02 The ILJAOC shall possess in its own name, and the Member Agencies delegate to it, the following enumerated powers: 5 13 -8 a) To make and enter into contracts consistent with this Agreement, including, but not limited to, contracts to purchase and /or dispose of supplies and equipment to carryout the implementation of the Strategic Plan and any adopted amendments to that plan. b) To receive compensation, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity. C) To sue and be sued in its own name. d) To apply for an appropriate grant or grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities. e) To appoint committees, adopt rules, regulations, policies, by- laws, and procedures governing the operation of the ILJAOC. f) To add Member Agencies to the ILJAOC as approved by the ILJAOC Board in accordance with the terms of this Agreement. g) To execute agreements and resolutions consistent with the terms of this Agreement. h) To appoint/hire officers, employees, and /or agents. 2.03 Said powers shall be exercised in the manner provided by California law, including, without limitation, the Joint Exercise of Powers provisions of Government Code section 6500, et seq., and, except as expressly set forth herein, the Treasurer /Controller shall be subject to the restrictions upon the manner of exercising such powers as are imposed upon the Member Agency whose employee or officer is designated as the ILJAOC Treasurer /Controller pursuant to Section 3.12 below. The Member Agency's Treasurer /Controller appointed by the Governing Board shall serve a minimum three -year term at the discretion of the Board, so as to minimize any disruptions in carrying out his /her responsibilities. 9 13 -9 2.04 Except as provided herein, the member agencies agree that all supplies and equipment purchased by the ILJAOC shall be owned and controlled by the ILJAOC as its sole and separate property and not as property of any Member Agency. 2.05 The ILJAOC shall operate as a separate legal entity and incur debt, separate and apart from the Member Agencies, and its debts, obligations, and liabilities shall be its own and not that of the Member Agencies, except as specifically provided for herein. III ORGANIZATION 3.01 The membership of the ILJAOC shall be the original Member Agencies, and any additional Agencies whose admission is unanimously approved, in accordance with the terms of this Agreement, by the ILJAOC Governing Board or the then - existing Member Agencies, excluding any Member Agencies that have withdrawn from the ILJAOC. 3.02 The ILJAOC shall be governed by a voting Board consisting of six (6) Member Police Chiefs, each elected for a three -year term by the Orange County Chiefs' & Sheriffs Association, along with one designated alternate, to represent those Member Agencies with Police Departments. In addition to the Police Chief representatives, other voting members of the Board will be the Sheriff, the District Attorney, the Chief Probation Officer, the Public Defender, one (1) representative from the Orange County Executive's Office, who will serve at the County of Orange CEO's pleasure, the Presiding Judge of the Orange County Superior Court, the Chief Executive Officer of the Orange County Superior Court, and three (3) City Manager representatives, who shall be elected for a minimum of three -year terms by the Orange County City Managers Association, with at least one (1) of those City Manager representatives being from a "contract city' in the County. Each Board member, or in the absence of a Board member, an alternate designated in advance 13 -10 by each said Board Member, shall have one vote on all matters before the Board. Such alternate members may be replaced from time -to -time at the appointing Board Member's discretion. All Board Members may be removed with or without cause by their respective appointing authorities. 3.03 Each voting Board member shall hold office until a successor is selected, elected, hired or appointed under the powers of this Agreement and each Member Agency. The term of a Board member or alternate (both voting and non- voting) who is a public official or employee of a Member Agency shall terminate upon such Board Member leaving his or her position with the Member Agency. The vacancy of such a member who has left his or her position shall be filled by selection, election, or appointment according to the selection process adopted by this Agreement and the Member Agency whose representative has left his or her position. 3.04 Board members and alternates shall not receive compensation for their service on the ILJAOC Board, but they may be reimbursed by the ILJAOC for reasonable expenses incurred in conducting the business of the ILJAOC, as provided in this Agreement, when the expenses are not paid or reimbursed by their respective employing Member Agencies. 3.05 The principal office of the ILJAOC shall be established by the Board and shall be located within the County of Orange. The Board may change the principal office from one location to another within the County of Orange. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement. 3.06 The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Agencies. All meetings of the Board, including regular, adjourned, and special meetings, shall be called and held in a manner as provided in the Ralph M. El 13 -11 Brown Act, Chapter 9, Division 2, Title 5 of the California Government Code commencing with section 54950 et seq., as amended. 3.07 All of the powers and authority of the ILJAOC shall be exercised by the Board unless specifically delegated, to the extent permitted by law, or reserved to the Member Agencies under this Agreement. Unless otherwise provided herein, each voting Board Member shall be entitled to one (1) vote. Except as otherwise provided herein, a majority of the full voting membership of the Board or their alternate present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. A majority vote of that quorum may adopt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the ILJAOC pursuant to this Agreement, with the exception of the adoption of the budget or other appropriations in excess of the adopted budget as outlined in Section 4.04 of this Agreement, in which case a two- thirds majority of the entire voting membership or their alternates is required for approval. 3.08 The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy of such minutes to be forwarded to each Member Agency within a reasonable time after each meeting. 3.09 The Board may adopt policies, rules, and regulations for the conduct of its administrative affairs and that of the ILJAOC as may be required and that are consistent with this Agreement. 3.10 Where this Agreement requires an approval of a resolution or ordinance by any Member Agencies in any matter, the approval shall be evidenced by a certified copy of the resolution or ordinance of the governing body of such Member Agency filed with the ILJAOC. It shall be the responsibility of the Board to provide certified copies of said actions. 3.11 On an annual basis, the Board shall elect two Board members to act as Chair and Vice -Chair of the Agency for the purpose of conducting the Board M 13 -12 meetings and performing other duties as required. The Vice -Chair may carry out all the duties of the Chair in his /her absence. 3.12 The Board shall appoint an officer or employee of a Member Agency to hold the offices of Treasurer and Controller ( "Treasurer /Controller"), whose duties shall be in conformance with Government Code sections 6505 and 6505.5, and whose salary, if any, shall be established by the Board. The Treasurer /Controller shall also administer all contracts subsequent to the Board's approval and shall contract with a certified public accountant to make an annual audit of the accounts and records of the ILJAOC as provided in Government Code section 6505. The annual audit shall be submitted to the Board and each Member Agency when completed. The budget, covering a budget cycle set by the Board, shall be prepared by the Treasurer /Controller for the approval by the Board. The ILJAOC's investment policies shall be the policies of the Member Agency of the Treasurer /Controller, as those may be modified by the Board of the ILJAOC. The cost of the Treasurer /Controller in carrying out his /her duties, including, with limitation, any outside professional services, shall be reimbursed by the ILJAOC. 3.13 The Board shall have the power to appoint/hire additional officers, employees, or agents. Any officer, employee, or agent of the ILJAOC who is an officer, employee, or agent of any of the Member Agencies will continue to be subject to the Member Agency's personnel system. However, the ILJAOC may hire employees that are subject to the personnel system of the ILJAOC and said employees shall not be considered employees of any Member Agency. Any person from any Member Agency appointed by the Board to fulfill a staff position with the ILJAOC shall possess appropriate qualifications to carry out his or her responsibilities. 3.14 The City Attorneys, County Counsel or their Deputies of the Member Agencies may generally serve as counsel to the ILJAOC, to the extent agreed to by the respective Member Agency and permitted by such waivers of conflicts of interest to authorize such representation as may be executed by such Member Agency and the ILJAOC Board. The specific and ongoing duties of legal counsel to 10 13 -13 the ILJAOC may be rotated no less than annually; however, preferably for a term consistent with the Treasurer /Controller appointment and shall be on a voluntary basis. The assignment of one of those individuals to perform the required duties shall be solicited from the legal counsels of the Member Agencies, and is subject to the final approval of the ILJAOC Board. 3.15 The officers of the ILJAOC Board shall perform all duties customary and appropriate to their respective offices and: a) After approval by the ILJAOC Board, the Board Chair shall sign all contracts on behalf of the ILJAOC Board. b) The secretary shall perform such duties as assigned by the Board and shall keep minutes of the Board meetings. c) The Treasurer /Controller shall be bonded in the amount to be determined by the Board and the bond fee shall be paid by the ILJAOC. The Treasurer /Controller shall perform the duties as set forth in this Agreement. 3.16 The Board may appoint an Executive Director by contract or otherwise to oversee day -to -day operations of the ILJAOC. The Executive Director shall manage the daily operations of the ILJAOC and supervision of any other ILJAOC employees. 3.17 All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all relief, pension, disability, worker's compensation, and other benefits which apply to the activities or omissions of officials, officers, employees, volunteers, or agents of any of the Member Agencies when performing their respective functions for their respective Member Agency shall apply to such person(s) to the same degree and extent while they are assigned to the ILJAOC to perform and are performing any of the functions and other duties of the ILJAOC pursuant to authority granted by this Agreement. None of the officials, officers, agents, volunteers, or employees of a Member Agency appointed to the Board or performing services at the direction of the ILJAOC 11 13 -14 shall be deemed by reason of their appointment or service to be employed by any of the other Member Agencies or the ILJAOC or be subject to any of the requirements of the other Member Agencies. IV BUDGET AND DISBURSEMENTS 4.01 The Board shall adopt a budget for the ensuing fiscal year(s) pursuant to procedures developed by the Board. At the conclusion of each fiscal year, the Treasurer /Controller shall make a report to the Board regarding the excess or deficiency of revenues over (or under) expenditures. Such report shall include "budget to actual" comparisons based upon the previously adopted budget. Upon receipt of the report, the Board shall determine what extent, if any, unexpended budgetary appropriations shall be re- appropriated or whether any excess of revenues over expenditures shall be allocated or expended. 4.02 The Treasurer /Controller shall draw warrants upon the approval and written order of the Board or the Board's Executive Director. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by -laws adopted by the Board. 4.03 All funds received by the Treasurer /Controller for services provided by the ILJAOC, will be placed in object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board. 4.04 All expenditures within the approved budget shall be made upon the approval of the Treasurer /Controller in accordance with the rules, policies, 12 13 -15 and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without the two- thirds majority approval of the entire Board, and the budget shall thereafter be revised and amended. 4.05 The records and accounts of the ILJAOC shall be audited annually by an independent certified public accountant and any cost of the audit shall be paid by the ILJAOC. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. Copies of such audit report shall be filed with each Member Agency no later than fifteen (15) days after receipt of said audit by the Board. 4.06 The Member Agencies have agreed by resolution through their respective Governing Authorities to fund on a shared basis, the costs of the ILJAOC operations, and capital in excess of any grant funds, through annual budget appropriations. Each Member Agency's agreement to provide such funds in fiscal years after the fiscal year in which the original ILJAOC Joint Powers Agreement was executed, is contingent upon appropriation by the governing body of that Member Agency of sufficient funds for that purpose. The subject resolutions shall not limit the authority of each Member Agency to cease appropriations for the ILJAOC operations as determined by their respective Governing Authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Section 6.02 below. In addition, where the ILJAOC has an obligation under the terms of this Agreement to reimburse a Member Agency for providing personnel, equipment, and /or services to the ILJAOC, the Member Agency providing such personnel, equipment, and /or services may waive its right to reimbursement. When a Member Agency incurs costs eligible for reimbursement under the terms of this agreement, those costs shall include only those which are not part of the Member Agency's pre- existing infrastructure /operation prior to the effective date of this Agreement. They also shall not include overhead charges. Costs for the ILJAOC operations referenced in accordance with this Section 4.06 shall be shared as follows: 1191 13 -16 a) Member Agencies with Municipal Police Departments and the Orange County Sheriff's Department, which serves the unincorporated area of the County as well as their "contract cities," shall be determined on a per capita served basis, with the combined total amount not to exceed 80% of total costs. b) County of Orange; an amount not to exceed 15% of total costs. c) The Superior Court of California, County of Orange; an amount not to exceed 5% of total costs. d) The University of California Police Department; an amount not to exceed 0.75% of total costs. e) California State University, Fullerton Police Department, an amount not to exceed 0.75% of total costs. 4.07 The Member Agencies acknowledge and agree that the ILJAOC will act as a conduit for the management, direction, and provision of integrated services to the Member Agencies and to other public agencies that contract with ILJAOC for such services. 4.08 Based on information provided by the Executive Director or other designated representatives of the ILJAOC, the Treasurer /Controller shall keep a written account of any services provided to other public agencies by the ILJAOC. All revenues received from other public agencies contracting or receiving services from the ILJAOC for services shall be used to offset the costs incurred by the ILJAOC. The Governing Board shall determine whether those funds shall be placed in a Capital Reserve or otherwise allocated in the ILJAOC's Budget and /or projected costs to Member Agencies. 4.09 In establishing rates for services to non - Member Agency public agencies, the Board shall assure that the contracts for such services provide for the reimbursement of the actual expenses of providing all services of the ILJAOC, including insurance coverage for the ILJAOC's personnel and equipment. Payment for the ILJAOC services by contracting public agencies shall be made on a monthly basis, or no less frequently than on a quarterly basis 14 13 -17 (unless paid in advance) to the Treasurer /Controller of the ILJAOC. The Treasurer /Controller shall provide a written quarterly account to the Board of all revenues and expenses of the ILJAOC services to other public agencies. 4.10 The ILJAOC budget shall include the provision for a Capital Replacement fund that will provide for, among other things, the replacement of the equipment owned and operated by the ILJAOC. The ILJAOC Board annually shall recommend to the Member Agencies amounts needed for Capital Replacement. The amount of the provision for Capital Replacement in each ILJAOC annual budget will depend on the amounts appropriated by the Member Agencies for such purposes during each fiscal year. Said funds shall be transferred to the ILJAOC monthly by the Member Agencies for deposit in the ILJAOC's Capital Replacement fund. The actual purchase of new equipment and disposal of unneeded equipment shall be done whenever determined appropriate and justified by the Board. 4.11 All revenues derived from service contracts with other public agencies shall be maintained in a separate revenue account for the ILJAOC. The Treasurer /Controller shall be responsible for accounting for all such revenue. The Board shall be responsible for determining the appropriate allocation of such funds as part of the budget adoption process. AA LIABILITIES 5.01 Except as provided in Section 8.05 of this Agreement, the ILJAOC and the Member Agencies agree, to the extent allowed by law, that the Member Agencies shall be fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or expense arising out of, or in any way related to, the performance of this Agreement by the ILJAOC. Accordingly, the provisions of this Agreement should be broadly construed in favor of protection for the Member Agencies and interpreted to provide the fullest possible protection to the Member Agencies and 15 13 -18 Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC acknowledges that the Member Agencies would not have entered into this Agreement in the absence of the commitments of the ILJAOC as specified in this Article V. 5.02 The Member Agencies acknowledge that each Member Agency may be assigning its own personnel to a cooperative pool of personnel to provide service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the ILJAOC, and shall maintain sufficient insurance coverage in effect at all times to cover any such claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager and approved by the Board. 5.03 Except as provided in Section 8.05, the ILJAOC shall protect, defend, indemnify, and hold free and harmless the Member Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by ILJAOC employees or employees of Member Agencies who are performing ILJAOC functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the ILJAOC. In addition, and without limiting the foregoing indemnification obligation, except as provided in Section 5.04, the ILJAOC will maintain sufficient insurance coverage in effect at all times as recommended by their Risk Manager, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 5.04 Any contract with a non- member public agency ( "non Member Agency ") receiving services from the ILJOAC shall include a mutual indemnification provision wherein the non Member Agency and the ILJAOC shall mutually agree to defend and indemnify the other in an amount equal to its 16 13 -19 proportionate share of liability on a comparative fault basis. The contract shall also provide that: 1) The indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in any way related to, the performance of services pursuant to the contract; and 2) The obligation of the non - Member Agency and the ILJAOC pursuant to the indemnification provision will extend, without limitation, to an injury, death, loss, or damage which occurs in the performance of the contract and that is sustained by any third party, any agent, or contractor of the non - Member Agency or the ILJAOC. Notwithstanding the foregoing, in situations where a non - Member Agency lacks the authority to enter into an agreement containing the specific terms specified above in this Section 5.04, the ILJAOC may enter into an agreement without such terms (or including only some of those terms) only after (1) a finding by and affirmative vote of a two- thirds majority of all voting Board members, or their alternates, that the risk of entering into such an agreement is outweighed by the benefit to be obtained by entering into the agreement, and (2) a determination by the ILJAOC's Risk Manager that insurance provisions applicable to the agreement are adequate given the specific risks presented. 5.05 Member Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Agencies that are assigned to provide services to the ILJAOC and /or serve as officers or employees of the ILJAOC. In this regard, each Member Agency shall defend, indemnify, and hold harmless the ILJAOC and any other Member Agencies, and their respective officials officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney's fees and costs, that arises out of, or is in any way related, to any industrial /worker compensation injury sustained by an officer or employee of the indemnifying Member Agency during the performance of service to the ILJAOC or the other Member Agencies under this Agreement. 5.06 ILJAOC shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the ILJAOC and each Member Agency from adverse financial n 13 -20 consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. The Risk Manager, or his /her designee, of one Member Agency shall be designated by the Board, with the consent of the Member Agency, as the " ILJAOC Risk Manager" and shall act in an advisory capacity to the ILJAOC Board to provide guidance in the area of risk management, loss control, insurance procurement, and claims management. Should a Member Agency Risk Manager not be available to serve the ILJAOC, the Board may designate someone who has comparable experience to serve in that capacity. The ILJAOC Risk Manager will be responsible for maintaining the original insurance policies and other risk management and insurance documents. During the term of this Agreement, the ILJAOC shall purchase and maintain sufficient amounts of commercial insurance coverage at the equally shared cost to the Member Agencies. The types, limits, retention levels, deductibles, policy forms, and carriers providing the above required insurance coverage's shall be recommended by the ILJAOC Risk Manager to the Board for its approval, consistent with this Agreement. VI ADMISSION AND WITHDRAWAL OF PARTIES 6.01 Additional public agencies may become Member Agencies of the ILJAOC upon such terms and conditions as are determined by the Board, and upon the unanimous consent of the ILJAOC Governing Board, so long as such addition(s) are not projected to increase costs to existing Member Agencies. Upon approval by the ILJAOC Governing Board, a written amendment to this Agreement shall be executed by all of the existing Member Agencies, as well as the additional Member Agency. Should increased costs to existing Member Agencies be anticipated due to the addition of a new public agency, unanimous approval must be received from the governing bodies of the existing Member W 13 -21 Agencies, as evidenced by approval of resolutions and the execution of a written amendment to this Agreement by all of the Member Agencies, including the additional Member Agency. 6.02 Member Agencies have the right to withdraw from the ILJAOC. Such withdrawals, either voluntarily or involuntarily, shall be conditioned as follows: a) Involuntary withdrawal shall mean those circumstances where a Member Agency must withdraw due to fiscal or budgetary impact of that Member Agency that results in the discontinuance or reduction of the funding for personnel, services, or equipment by that Member Agency. b) In the case of a voluntary withdrawal, written notice shall be given one hundred eighty (180) days prior to the end of a fiscal year except that such notice requirement may be shortened (i) by unanimous approval of the Board members present at the meeting at which the Board considers shortening the notice requirement, or (ii) upon breach of this Agreement by the ILJAOC or any Member Agency, in which case the withdrawing Member Agency may withdraw effective at anytime. c) Neither voluntary nor involuntary withdrawal shall relieve the withdrawing Member Agency of its obligations for its proportionate share of any debts or other liabilities incurred by the ILJAOC prior to the effective date of the Member Agency's withdrawal (with the exception of new purchases of capital equipment after the date of the Member Agency's notice of withdrawal), nor any liabilities imposed upon or incurred by the Member Agency pursuant to this Agreement prior to the effective date of the Member Agency's withdrawal. 19 13 -22 d) The withdrawing Member Agency shall retain all rights and claims relating to revenues received by the ILJAOC during the time period that the Member Agency provided personnel, services, or equipment under the ILJAOC direction. e) The withdrawing Member Agency shall be entitled to remove its personnel and any equipment whose title was not transferred in writing to the ILJAOC from the possession and control of the ILJAOC, regardless of the impact on the ILJAOC or its continued operation. The withdrawing Member Agency may also recover any other equipment no longer needed by the ILJAOC, including equipment it previously transferred to the ILJAOC, according to the terms and conditions determined by the Board in its sole discretion to be fair and equitable. The ILJAOC Board may choose to exempt a Member Agency from any of the listed conditions, but may not impose any conditions other than those listed. VII TERMINATION AND DISPOSITION OF ASSETS 7.01 The ILJAOC shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two- thirds of the entire Board; provided, however, that no termination shall be complete and final until the ILJAOC has satisfactorily disposed of all financial obligations and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the ILJAOC. 7.02 Termination shall occur upon: a) The written consent of all Member Agencies; or b) Upon the withdrawal from the ILJAOC of a sufficient number of the Member Agencies that results in a lack of effectiveness as 20 13 -23 determined by a two- thirds vote of the remaining Board Members; and c) Full satisfaction of all outstanding financial obligations of the ILJAOC; and d) All other contractual obligations of the ILJAOC have been satisfied. 7.03 In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each current Member Agency of the ILJAOC immediately prior to the termination of this Agreement, a share of such funds proportionate to the contribution made to the ILJAOC by said Member Agency, to the extent determined by the Board in its sole discretion to be fair and equitable. 7.04 Notwithstanding any other provisions of this Agreement, the Member Agencies agree to abide by the following procedure for selling of equipment in the event this Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, the Member Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board, which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Member Agencies in a manner consistent with the cost - sharing format outlined in Paragraph 4.06 (a), (b), and (c) of this Agreement, and any modifications to that formula adopted by the Board. 21 13 -24 191111 MISCELLANEOUS 8.01 Amendments. Except as otherwise specified in this Agreement, this Agreement may be amended with the unanimous approval of all Member Agencies; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the ILJAOC. 8.02 Notices. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Agencies, shall be deemed to have been received by the Member Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 8.03 Effective Date. This Agreement shall be effective at such time as this Agreement has been executed by the majority of the voting Member Agencies enumerated in the introduction of this Amended Agreement. 8.04 Conflicts of Interest. No official, officer or employee of the ILJAOC or any Member Agency shall have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such officer or employee participate in any decision relating to the ILJAOC that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. 22 13 -25 8.05 Mediation a) Any controversy or claim between any Member Agencies, or between any such Member Agency or Member Agencies and the ILJAOC, with respect to the ILJAOC's operations, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by mediation. b) The Member Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the ILJAOC. Such notice shall designate such other Member Agencies as the initiating Member Agency intends to have bound by any award made therein. c) Each Member Agency involved in the mediation shall bear its own legal costs, including attorney fees. 8.06 Partial Invalidity If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 8.07 Successors This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies hereto. 8.08 Assignment A Member Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Agencies. 23 13 -26 8.09 Execution The Governing Authorities of the Member Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 8.10. Entire Agreement This Agreement supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the ILJAOC and all Member Agencies. Dated: CITY OF: ATTEST: Clerk of the City of: 24 Mayor APPROV D� STO FORM: City Attorney CAS a117-114 13 -27 ATTACHMENT B i I-L. a, w7,A,,z t � �C e- _iO. Integrated Law and Justice Agency for Orange County - A Joint Powers Authority - Jackie Gomez - Whiteley, Chair Cypress Police Dept. 5275 Orange Ave. Cypress, CA 90630 714 229 -6621 714 229 -0957 Fax Kevin Baker, Vice Chair Westminster Police Dept. 8200 Westminster Blvd Wesbninster, CA 92683 714 548 -3706 714 379 -9604 Fax Bob McDonell Executive Director 949 279 -4888 Member Agencies Cities of: Anaheim Brea Buena Park Costa Mesa Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Laguna Beach Los Alamitos Newport Beads Orange Placentia Santa Ana Seal Beach Tustin Westminster County of Orange, on behalf of: District Attorney's Office Probation Department Public Defender Sheriff's Department & their contract cities University of CA, Irvine Police Department Superior Court of California, County of Orange TO: Jay Johnson, Chief of Police Newport Beach Police Department FROM: Bob McDonell, Executive Director SUBJECT: Automated Citations Project — Letter of Commitment DATE: November 6, 2014 ILJAOC is implementing an electronic citations project Countywide in the second half of fiscal 2014, in response to the Superior Court's notice that they will no longer be contracting with the firm that enters the citation data received, into their Case Management System. As a result, issuing agencies may see long delays due to the lack of Court resources, which will no longer be available to process them; thereby impacting the adjudication of those matters. We are told the result will affect the fines and forfeiture revenue of those respective jurisdictions. (In some cases, the citations may not be entered at all due to statute of limitations issues.) The project and approach is described in the attached implementation report, adopted by the ILJAOC Board at their January 2014 meeting. The project is based on a competitive procurement run by ILJAOC (with the participation of a number of the member agencies, which served as the review committee), that resulted in the selection of Brazos Technologies as the vendor. The first phase of that engagement was a pilot project that deployed the system at the Brea, Irvine and Orange Police Departments. The Brazos contract is held by ILJAOC and ILJAOC will take on an overall contract management role. They will work with Brazos to order equipment, manage the schedule, refine configurations and run regular meetings that monitor Brazos' delivery and schedule performance. ILJAOC will invoice each participating department for their equipment and implementation, and will in turn pay invoices to Brazos and other contractors supporting the project for ILJAOC. Ownership of the equipment will be transferred to the respective departments upon completion of the implementation phase of the project; however, ILJAOC will manage the warranty and service for the devices on an ongoing basis. ILJAOC will invoice the department annually for the costs associated with the annual software licensing and maintenance, once the Project has completed the implementation phase and we move to annual sustainment. The pricing includes an ILJAOC administered extended warranty for much of the equipment as part of the base offering. ILJAOC will work with 13 -28 21 Page Automated Citation Project Letter of Commitment Brazos to repair or replace hardware components that fail during the first five years of operation through the utilization of the maintenance fees. The exception is the core Motorola handheld device. These devices are procured with a 3 year no -fault warranty. Their planned life is approximately 5 years. Experience in Brea and Orange indicate that the actual life of the devices is well in excess of 5 years in most cases. ILJAOC does not plan to replace those units outside of the extended warranty period at this time. ILJAOC is working with the Orange County Random Access Network (RAN) Board to develop a cost sharing plan in conjunction with their mobile fingerprint project that could address the replacement of much of the portable equipment at the end of its useful life (4 to 6 years). Once we are able to further explore the potential for that arrangement, ILJAOC will reconsider a life cycle management program that if necessary, will involve the collection of a portion of the capital replacement costs on an annual basis to allow for the complete replacement of the equipment when necessary, without having to request additional funding for the capital replacement from the participating agencies. Originally the costs for this project were presented on a unit basis. The costs have now been refined to allow each member agency to customize their purchase and add additional quantities as necessary. This allows for greater transparency and provides for a breakdown of each cost element. The costs have not changed from our previous estimate; they are simply refined for each Agency's needs. The costs are made up of two components. There is a baseline implementation cost for each agency, plus the per unit hardware components. The project allows each department to select the number of devices and ancillary items to purchase. Departments can make configuration selections to suit their operations that will impact the total cost. ILJAOC operates on a not for profit basis and as more agencies participate and volumes increase, efficiencies are expected to be realized. ILJAOC will review the project financials periodically and if a project funding surplus is realized due to the expected efficiencies, then options for the use of that surplus including capital replacement deferred maintenance costs will be explored. Your department will be invoiced for 50% of your expected implementation costs upon initiation of work with your department. The balance of the implementation and equipment costs for your department will be invoiced upon delivery of the equipment and training to your staff. Your department will be operational immediately following the training. 13 -29 31 Page Automated Citation Project Letter of Commitment As stated earlier, annual maintenance costs and related fees will be invoiced in conjunction with your yearly ILJAOC membership fee invoice. Participation in the project is voluntary by department and as such, the implementation and maintenance costs invoiced vary by department and are based on the quantities of equipment that a department chooses to employ Please sign and return the acknowledgement below to indicate that your department has obtained the necessary approvals from your City Manager to proceed with the project, and that you are in agreement with the arrangements described above. Respectfully Submitted, &�' �Q-W Bob McDonell EXECUTIVE DIRECTOR Attachments: C Citations System Implementation Report Cc: Dave Kiff, City Manager 13 -30 41 Page Automated Citation Project Letter of Commitment ILJAOC Citation Project Department Specific Budget and Acknowledgement Newport Beach Police Department Your staff has indicated that you wish to acquire the following quantities. One -Time Implementation Costs Item Motorola MC75As (Verizon) Unit Price $1,262.00 Sales Tax (8%) $100.96 Quantity Ordered 35 To"Cos' $47,703.60 3 Year Bronze Support $265.00 - 35 $9,275.00 Mag Stripe Readers $109.00 $8.72 35 $4,120.20 Biometric Fingerprint Readers $750.00 $60.00 44 $35,640.00 Motorola Four Bay Charging Station" $353.00 $28.24 6 $2,287.44 Motorola Wall Chargers" $95.00 $7.60 10 $1,026.00 Motorola Car Chargers (Adapter)* $130.00 $10.40 35 $4,914.00 Motorola Car Chargers (Mounted)" $265.00 $21.20 0 $ .00 Motorola MC75A Extra Batteries $59.00 $4.72 0 $ .00 Zebra Printers (no mag stripe reader) $556.00 $44.48 35 $21,016.80 Zebra Printers (with mag stripe readers $645.00 $51.60 0 $ .00 Zebra Printer Four Bay Charging Station" $345.00 $27.60 2 $745.20 Zebra Printer Wall Chargers ** $65.00 $5.20 10 $702.00 Zebra Printer Extra Batteries $78.00 $6.24 6 $505.44 Zebra Printer Car Charger (Cigarette Lighter Adapter)* $95.00 $7.60 0 $ .00 Cases of Receipt Paper* $95.00 $7.60 3 $307.80 Brazos Citation Software $650.00 - 44 $28,600.00 Brazos Accident Report Software" $30.00 - 44 $1,320.00 Per Device Deloitte Consulting's Project Management Fee * ** $750.00 - 44 $33,000.00 Per Agency Deloitte Consulting Project Management Costs "* $1,000.00 - Flat Fee $1,000.00 Brazos Implementation Services $7,500.00 - Flat Fee $7,500.00 Brazos Two Day User Training $4,500.00 - Flat Fee $4,500.00 Total One -Time Implementation Cost $204,163.48 * Indicates optional items 13 -31 51 Page Automated Citation Project Letter of Commitment " Requires charging devices; different options available Project management services are provided by contract by Deloitte Consulting. To distribute the costs appropriately across the project, the fee is broken between a base fee for each agency and a fee associated with each device that an agency deploys on the assumption that larger agencies will have more complexity associated with their implementation. Annual Costs Item Citation Software Unit Price $200.00 Quantity 44 Cost $8,800.00 Accident Report Software $30.00 44 $1,320.00 ILJAOC Maintenance Services "" $387.00 44 $17,028.00 Interface with RMS (Flat Fee) $650.00 Yes $650.00 Total Annual Costs $27,798.00 "" ILJAOC Maintenance Services are a fee per device that funds the maintenance of the data interface to the Court and provides a fund that allows for extended warranty replacement for hardware (excluding the Motorola MC75A device itself in years 4 8 5) that should fail or require repair during the first fve years of operation. This fee will be reviewed annually and will be adjusted so that ILJAOC is recovering only enough to pay the costs of the replacement program. This will result in a total implementation cost of $204,163.46 and an annual maintenance cost of $27,798.00 (which does not include any capital replacement costs, should the RAN Board not approve a cost - sharing arrangement with their Mobile Fingerprint Project.) The project team would be happy to work with your staff to adjust quantities or to develop a customized hardware configuration. Either of these adjustments will result in an adjustment of your implementation and maintenance costs. Acknowledgement and Acceptance: Name: Title: Signature: r`1.7M 1� City Attorney vw "113114 13 -32