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HomeMy WebLinkAbout25W - MOU OCIACREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: r~MORANDUM OF AGREEL~NT WITH THE ORAtrTGE COUNTY INTELLIGENCE ASSESSMENT CENTER -l~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Chief of Police to execute an indemnity agreement in conjunction with the attached Memorandum of Agreement Among Public Agencies Participating in the Orange County Intelligence Assessment Center (OCIAC). DISCUSSION The Chief of Police has the authority vested in him pursuant to the California Penal Code to deploy personnel as needed. The Chief has assigned police personnel to participate in the Orange County Intelligence Assessment Center operating at the Loma Ridge facility. The participating agencies desire to enter into a Memorandum of Agreement among the participating public agencies. OCIAC will be the primary Orange County conduit through which information that may be of intelligence value to the United States' National Security Effort is funneled. The mission of OCIAC is to provide an integrated, multi-disciplined, information and intelligence sharing network to collect, analyze, and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private sector and public sector stakeholders in a timely manner in order to protect the residents, visitors, and critical infrastructure of Orange County. Under the proposed agreement, each member agency shall assume responsibility for its participants and will indemnify the other agencies for the sale liability of its participants. FISCAL IMPACT T ere is no fiscal impact with this action. Paul M. Walters Chief of Police Police Department 25W-1 MEMORANDUM OF AGREEMENT AMONG PUBLIC AGENCIES PARTICIPATING IN THE ORANGE COUNTY INTELLIGENCE ASSESSMENT CENTER This Memorandum of Agreement, hereinafter referred to as "MOA," is made and entered into as of the date approved by all governing bodies, which date is stated for purposes of reference only, by and among the Cities of Anaheim, Santa Ana, Irvine, and Huntington Beach; the Orange County Fire Authority and the County of Orange, by and through the Orange County Sheriff-Coroner Department and Health Care Agency, which may be referred to individually as "Party" or collectively as "Parties." RECITALS WHEREAS, the purpose of this MOA is to set forth the mission and objectives of the Orange County Intelligence Assessment Center (OCIAC) and the responsibilities of the participating agencies. WHEREAS, the mission of OCIAC is to provide an integrated, multi-disciplined, information and intelligence sharing network to collect, analyze, and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private sector and public sector stakeholders in a timely manner in order to protect the residents, visitors, and critical infrastructure of Orange County. WHEREAS, OCIAC will be the primary Orange County conduit through which information that may be of intelligence value to the United States' National Security Effort is funneled. WHEREAS, in order to ensure effective coordination of effort, mutual exchange of information, and investigative due diligence on matters related to terrorism that may affect Orange County, OCIAC will coordinate with the Joint Regional Information Center (JRIC), Joint Terrorism Task Force (JTTF), State Terrorism Threat Assessment Center (STTAC) and other local, county, state and federal agencies. WHEREAS, OCIAC will ensure that information obtained locally is evaluated, analyzed and forwarded to appropriate local, county, state and federal agencies. WHEREAS, in the event Orange County is faced with a major terror threat or incident, OCIAC will work toward ensuring the appropriate allocation of resources. WHEREAS, as a member of the counter-terrorism community, OCIAC will work to educate local civic groups, private enterprises and public entertainment venues in counter-terrorism awareness, and encourage reporting by management and private security. WHEREAS, it is the responsibility of all personnel assigned to OCIAC to receive 1 25W-2 information which is suspected of, or has a potential nexus to terrorism, counter- terrorism, or criminal activity, including information suspected of facilitating or aiding in the procurement of materials, financing, surveillance, and support to or of persons or entities associated with terrorism, for evaluation and investigation. WHEREAS, OCIAC will review and analyze all information concerning criminal activity that comes to the attention of OCIAC for the following purposes: • To provide timely information concerning current criminal activities, projected trends and threat assessments • To facilitate coordination of enforcement activity between different jurisdictions within Orange County • To identify and track offenders committing crimes in support of criminal enterprises and terrorist organizations • To identify methods of operation related to criminal enterprises and terrorist organizations • To investigate intelligence leads on suspected criminal activity to develop these leads into a case to turn over to an enforcement unit or to prove the suspicion to be unfounded and end the case • To gather criminal intelligence information from other agencies for use by enforcement units in Orange County and to facilitate coordination between OCIAC and other law enforcement and homeland security agencies. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. ORGANIZATION OF OCIAC OCIAC, which currently operates at the Loma Ridge facility located at 2644 Santiago Canyon Road, Silverado, California, will be comprised of personnel from the Cities of Anaheim, Santa Ana, Irvine, Huntington Beach; the Orange County Fire Authority; the Orange County Sheriff-Coroner Department and the Orange County Health Care Agency. Future parties may join with approval of all parties to this MOA. 2. DIRECTION OF OCIAC Direct responsibility for the overall policy and direction of OCIAC will rest with the Orange County Sheriff-Coroner or his designee. The Sheriff-Coroner or his designee will closely coordinate with the Orange County Chiefs of Police and Sheriff's Association, and the Parties' Chiefs of Police, the Fire Authority Chief and the Director 2 25W-3 of the Health Care Agency or their designees regarding matters of mutual concern related to policy and direction to ensure appropriate resolution of issues satisfactory to all parties. 3. SUPERVISION OF OCIAC Day-to-day supervision of OCIAC will be the responsibility of the Division Commander of the Operations Support Division of the Orange County Sheriff-Coroner Department (hereinafter "Division Commander"), in conjunction with the designated supervisory personnel. Responsibility for the conduct of personnel assigned to OCIAC will remain with the employing agency. Evaluation and investigation of any complaints regarding assigned personnel will be referred to the employing agency. Disciplinary actions against assigned personnel will be undertaken or administered solely by the employing agency. All personnel will keep their respective superiors completely informed of pertinent developments. Continued assignment of personnel to OCIAC will be at the discretion of the employing agency and the Sheriff-Coroner or his designee. 4. PERSONNEL ASSIGNED TO OCIAC Each party will assign appropriate personnel, on either afull-time or part-time basis, to participate in OCIAC. All personnel assigned to OCIAC will be expected to conform to his or her agency policies, requirements and procedures as well as any additional policies, requirements and procedures applicable to OCIAC. All assigned personnel will at all times during their work with OCIAC be employees of their respective agencies. With the exception of Sheriff-Coroner Department or Health Care Agency personnel, no assigned personnel will qualify for workers' compensation or other benefits of any kind through the County of Orange, nor will he or she be entitled to any rights or privileges of County of Orange employees. 5. SALARIES AND BENEFITS Salaries, benefits and overtime of all personnel assigned to OCIAC will be paid by their respective agencies. Overtime will be compensated in accordance with applicable agency overtime provisions and will be subject to the prior approval of appropriate personnel of each respective agency. Per diem, and other travel expenses, except those incurred during an investigation for OCIAC as specified in paragraph 7, will be paid by the employing agencies. 6. TRAINING EXPENSES As part of their assignment to OCIAC, personnel may attend training classes or programs with the prior approval of the Division Commander. Training costs not covered by Homeland Security Grant funding will be submitted to the employing agency for approval and payment. 3 25W-4 7. INVESTIGATIVE EXPENSES During an investigation for OCIAC, personnel assigned to OCIAC may incur investigative expenses with the prior approval of the Division Commander. Funds of the Operations Support Division of the Orange County Sheriff-Coroner Department may be used to reimburse these expenses. Requests for reimbursement from the employing agency must be submitted to the Division Commander for approval and subsequent processing through the Financial and Administrative Services Division. A format for claiming these investigative expenses will be instituted in conjunction with Sheriff Financial personnel and will require submittal of appropriate expense information. All purchases and claims must comply with County of Orange and Sheriff-Coroner Department procedures governing purchasing, invoicing, use of petty cash, travel and any related financial transactions. In the event that funds of the Operations Support Division of the Orange County Sheriff-Coroner Department are insufficient to fully reimburse participating agencies as described herein, reimbursement will be made on a pro-rata basis. 8. RIGHT TO AUDIT Each party to this MOA will make available to authorized representatives of the County of Orange, at all reasonable times, its records of investigative expenses and reimbursement related to this MOA. The County of Orange or an independent auditor may audit such records. If an audit determines that ineligible costs have been reimbursed, the agency shall immediately repay to the County of Orange the amount determined to be ineligible. If not repaid within thirty days, the County of Orange may hold the amount determined to be ineligible from future reimbursements. The Parties will maintain the original copies of all records related to these expenses and reimbursement for a period of three years after the date the expense is reimbursed. 9. LICENSE TO USE REAL AND PERSONAL PROPERTY OF THE COUNTY OF ORANGE. In consideration of the promises contained herein, the County of Orange hereby grants to the other Parties free use of office space, furniture and equipment, including but not limited to radios, computers, cellular telephones, and Blackberry devices. Said office space, furniture and equipment will be used solely by the personnel of the Parties while performing their assigned duties related to OCIAC. The precise location, size and type of said office space, furniture and equipment will be determined by the Orange County Sheriff-Coroner or his designee. The County of Orange will supply all repair, maintenance and janitorial supplies and services to said premises and will be responsible for all charges for utilities supplied to said premises. The County of Orange, by and through its Sheriff-Coroner Department, will also provide all necessary secretarial, clerical and technical support for OCIAC. 4 25W-5 The County of Orange will pay for all telephone bills, including cellular phone and Blackberry device bills for County-issued cellular phones or Blackberry devices for personnel performing their assigned duties related to OCIAC. Copies of bills received from Sheriff's Financial/Administrative Services will be provided to the Division Commander for review. Should the Division Commander identify any questionable use of the cellular phone or Blackberry device, he/she will determine if the usage was appropriate. The Division Commander may demand, at any time, that personnel return a County-issued cellular phone or Blackberry device. 10. PERMISSION TO USE COUNTY OF ORANGE VEHICLES In consideration of the promises contained herein, the County of Orange hereby grants to the other Parties permission for the Parties' personnel to operate and ride as passengers in vehicles owned or leased by the County of Orange, while performing their duties related to OCIAC. The County of Orange will supply all repair and maintenance services for said vehicles, and will pay all fuel costs for said vehicles. The determination of which personnel assigned to OCIAC may use County owned or leased vehicles and when the personnel may use these vehicles rests in the sole discretion of the Division Commander. Each Party agrees to be financially responsible for any property damage to a County owned or leased vehicle operated by its employee. Each Party further agrees to be financially responsible for any tortious act or omission by its employee resulting from its employee's use of a County owned or leased vehicle. 11. RECORDS AND REPORTS All reports and records will be designated "confidential." The material will be secured under lock and key when unattended. Access to all files is on a need-to-know basis. Storage of records and reports and dissemination of information will always be done in strict accordance with applicable local, state and federal laws. 12. MEDIA RELEASES All media releases on OCIAC matters will be mutually agreed upon and coordinated jointly within the existing respective agencies' guidelines. 13. MUTUAL INDEMNIFICATION Each Party will defend, indemnify and hold harmless the other Parties, their elected and appointed officials, employees, and agents and those special districts and agencies for which the County of Orange's Board of Supervisors acts as the governing Board, from and against any and all claims, losses, damages, costs, or expenses including reasonable attorney's fees or other liability of any kind arising out of or connected directly or indirectly with any act or omission of the Party, its officers, employees or agents related to this MOA. 5 25W-6 This indemnification will commence on the effective date of this agreement and will continue thereafter for any and all causes of action accruing during the term of this agreement. 14. INSURANCE Each Party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, as required, and automotive liability insurance or maintain aself-insuring fund for the term of this MOA in the amounts determined by each Party to adequately insure such Party's liability assumed herein. 15. TERM/TERMINATION The term of this MOA will commence upon approval by the Parties' governing bodies and will extend until terminated by all the Parties. Any party may terminate its participation in this MOA, with or without cause, upon thirty days written notice to all other parties. Upon termination of any Party's participation, any equipment issued by the County of Orange must be immediately returned. Obligations pertaining to indemnification for and defense of causes of action accruing during the term of this MOA will extend beyond the termination of this MOA until fully performed. Any notice of termination will be sent to: For County of Orange: Orange County Sheriff-Coroner Department Operations Support (Loma Ridge) 2644 Santiago Canyon Road Silverado, CA 92676 Attn: Division Commander For City of Anaheim: City Clerk 200 S. Anaheim Blvd. Anaheim, CA 92805 Copy to: Anaheim Chief of Police 425 S. Harbor Blvd. Anaheim, CA 92805 For City of Santa Ana: City Clerk 20 Civic Center Plaza, 8~' Floor Post Office Box 1988 Santa Ana, CA 92702 Copy to: Santa Ana Chief of Police 60 Civic Center Plaza Santa Ana, CA 92702 6 25W-7 For City of Irvine: City Clerk 1 Civic Center Plaza Irvine, CA 92606 Copy to: Irvine Chief of Police 1 Civic Center Plaza Irvine, CA 92606 For City of Huntington Beach: City Clerk 2000 Main Street Huntington Beach, CA 92648 Copy to: Huntington Beach Chief of Police 2000 Main Street, P.O. Box 70 Huntington Beach, CA 92648 For Orange County Fire Authority: Orange County Fire Authority 1 Fire Authority Road Irvine, CA 92602 16. ALTERATION OF TERMS This MOA fully expresses all understandings of the Parties with respect to the subject matter of this MOA, and constitutes the complete agreement among the Parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by the Parties. 7 25W-8 IN WITNESS WHEREOF, the parties have executed this MEMORANDUM OF AGREEMENT in the County of Orange, State of California. COUNTY OF ORANGE Dated: By: Dated: Chair of the Board of Supervisors Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-1535 Attest: Darlene J. Bloom Clerk of the Board of Supervisors Orange County, California APPPROVED AS TO FORM: Office of the County Counsel Orange County, California B y: Dated: Deputy 25W-9 CITY OF HUNTINGTON BEACH Dated: ATTEST: Kenneth W. Small, Chief of Police Huntington Beach Police Department City Clerk APPROVED AS TO FORM: City Attorney 9 25W-10 CITY OF ANAHEIM Dated: ATTEST: City Clerk APPROVED AS TO FORM: David M. Morgan, City Manager City Attorney 10 25W-11 CITY OF IRVINE Dated: David L. Maggard, Jr., Chief of Police Irvine Police Department ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 11 25W-12 CITY OF SANTA ANA Dated: ATTEST: Paul M. Walters, Chief of Police Santa Ana Police Department City Clerk APPROVED AS TO FORM: City Attorney 12 25W-13 ORANGE COUNTY FIRE AUTHORITY Dated: By: ATTEST: Clerk of the Authority APPROVED AS TO FORM: General Counsel 13 25W-14