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HomeMy WebLinkAbout1982-026 Contract- S.O. JusticeRESOLUTION IN THE MATTER OF CONTRACT ) WITH SOUTHERN OREGON JUSTICE) INFORMATION COUNCIL ) WHEREAS, the Southern Oregon Justice Information Council (SOJIC) was established under provisions of ORS 190 and by agreement among its members as set forth in the SOJIC Intergovernmental Agreement to provide criminal justice information system services to its members; and WHEREAS, the SOJIC Board has determined that membership should be offered to cities and counties having criminal justice agencies and where such participation would be beneficial to all members; and WHEREAS, the SOJIC Board has formally invited the City of Ashland to become a member e~£~ctive July 1, 1982; and WHEREAS, the City of Ashland has determined that membership and participation in SOJIC, in accordance with the terms and conditions of the SOJIC Intergovernmental Agreement, to be beneficial to said City; and WHEREAS, the City of Ashland has accepted the SOJIC Board invitation; THEREFORE, the governing bodies of the parties have authorized their respective agents to sign this resolution. Said resolution shall be affixed to and made a part of the SOJIC Intergovernmental Agreement. SOUTHERN OREGON JUSTICE Ju~g!' L. A. IMerryma~' ~a~e Chairman CITY OF ASHLAND Date CONTRACT SOUTHERN OREGON JUSTICE I NFORI'4ATION COUNCIL ARTICLE I. Establishment and Purposes. I.I The Southern Oregon Justice Information Council, hereinafter referred to as SOJIC, is hereby established by authority of the state laws authorizing intergovernmental-cooperation and by agreement among its members. 1.2 The parties to this agreement, hereinafter referred to col- lectively as "members" are as follows: I. Josephine County,, a political subdivision of the State of Oregon. ~. I 2. Jackson County, a political subdivision of the State of Oregon. 3. City of Grants Pass, a municipal corporation of the State of Oregon. 4. City of Medford, a municipal corporatio9 of the State of Oregon. 5. Any other city of county admitted to membership by majority vote of the Board of Directors of SOJIC, which agrees to become a party to this agreement. 1.3 The purpose of SOJIC shall be to provide for collection, storage, retrieval and release of criminal justice information to and from the members solely for their lawfully established individual crim- inal justice agencies. ARTICLE II. Board of Directors. 2.1 SOJIC shall have a Board of Directors which shall serve as the Policy making body of the organization. It shall exercise the powers and functions, herein granted SOJIC to accomplish the purposes set forth in Article I hereof, except the powers reserved to the Technical Manage- ment Committee. 2.2 The Board of Directors shall be composed as follows: a) One county commissioner from each member county selected by its respective Board of Commissioners; b) One councilmember, or the Maygr, from each member city selected by its respective council; i - Contract c) The board members chosen in the above-specified manner shall select a chairman from amongst their members or from outside their membership, who shall serve at the pleasure of the other directors. 2.3 The members~of the Board of Directors shall serve at the pleasure of the appointing authority. 2.4 The Board s~all elect such officers as it may desire from its membership. Each member or designated alternate of the Board shall vote only in person and not in proxy. A majority of physical members shall constitute a quorum. The chairman may ~all meetings as necessary. There shall be at least one meeting every six months. 'The Board shall adopt such by-laws and resolutions as may be 9ecgssary to the proper co~'lduct of its busi. ness consistent with this agree- ment. The c~airman shall sign all contracts authorized by the Board in the name of SOJIC. 2.5 Each member entity may select an alternate board member who may act for the primary representative. The alternate may be any elected or appointed official of the entity. 2.6 Vacancies on the SOJIC Board shall occur when a representative ceases to hold the positlon, ~h~ch, ,, ~,~t'~~,,,, ,~ ,him/her to represer~?ation or for other reasons which shall prohibit the representative from attending duly called meetings of the Board. In the event such a vacancy occurs, the appointing authority shall be notified and the SOJIC Board shall re- quest the appointment of a new representative. 2.7 The Board of Directors shall use a weighted voting system when requested by a member. There shall be a total of 100 votes which shall be assigned to members on July Ist of each'year based on each member's share of the total SOJIC budget for the ensuing fiscal year. Each member's share of the budget shall be rounded to the nearest percent, so that the total votes will equal 100. ARTICLE i11. Powers and Functions. 3.1 The basic function of SOJIC is to provide for t~c joint perfor- mance of the n~mbers' criminal justice information cotleclion, storage and retrieval activities and for sharing of such information by means of facilities or equipment jointly constructed, owned~ leased or operated. Contract 3.2 To the extent necessary for carrying out its basic functions and otherwise administering its affairs and within limitations prescribed by this agreement and by the by-laws of its Board of Directors, SOJIC Board may: I) Establish advisory and technical study committees; 2) Employ admini~nstrative, technical and clerical assistance, but no member shall be bound to assume joint or separate responsibility for the compensation, safety, acts or omissions of such employees; 3) Solicit and accept financial aid or other participation from federal, state and/or local units of government; 4) Solicit and accept g~ants, gift~ and donations; 5) Enter into contracts, but no me~ber shall be bound thereby, jointly or separately; 6) Acquire and dispose of property, but no member shall assume any responsibility for the safe condition thereof, jointly or separately; 7) Adopt an annual budget indicating the expenditures of SOJIC recom- mending the amount of financial participation by each member. Such a budget shall be adopted and submitted to each member by March 15 of each year; pro¥ided, however, tha~ the budget for the current year shall be as shown in attached Exhibit "A"~ 8) Se~ user fees as appropriate to help defray the costs of establish- ing, maintaining and operating SOJIC; 9) Determine the type of equipment and h-ardware which shall be necessary for SOJIC in the site or sites at which SOJIC's equipment and per- sonnel, if any, are to be located; I0) Enter into contracts with non-member criminal justice agencies to furnish information from SOJIC, upon such terms as may be necessary and proper; It) Exercise any other power necessary or convenient to the implementa- tion of the foregoing express powers, but no such additional powers shall affect the legal status of any m~mber without the express writ- ten consent of such member; 3.3 The SOJIC Board shall not enter in~o contracl' with a private per- son, firm or corporation for any term exceeding five years. 3.4 I~ action of the SOJIC Board sh~ll bind or alter the power and authority ~f any member. Further, nothing contained herein is intended to 3 - C~ntract ~ or should be construed in any manner as constituting the SOJIC as the agent or representative of any member for, any purpose except when speci- fically requested to function as such for those purposes as provided herei n. ARTICLE IV. Technical Manauement Commi-~teo. 4.1 There shall be a Technical Management Committee composed of the sheriff, adult corrections director, juvenile director, or their respective designees from participating agencies of each member county and fhe ch;el of poi ice, or his designee, from each member city. 4.2 The powers reserved to the T~chnical Management Committee shall be: a) To prescribe and enforce policiles and procedures for the operation of SOJIC's data processing system and appropriate uses for the in- formation therein, and b) Make policies and resolve problems re9ardin9 security of records and rights of privacy. 4.3 The Technical Management Commit~-ee shall also advise and assist the Board of Directors in carrying out its functions. 4.4 The Technical Management C~nmittee shall select a chairman and shall meet from time to time at his cai I. ARTICLE V. Finances. 5.1 Each member shall pay, from funds lawfully appropriated for such general purposes, its share of the costs of operating SOJIC in accordance witl~ the SOJIC budget within 30 days of receipt of a bill from SOjIC. Billings shall be monthly or as otherwise determined by the Board of Di rectors. 5.2 During the third quarter of each fiscal year, the chairman of the Board of Directors shall submit to the Board his estimate of SOJIC's ex- penditures for the following fiscal year, and his recon~,~endations regarding income sufficient to defray the expenditures. In preparing this budget, the chairman shall seek the advise of the Technical Management Committee. The Board of Directors shall review the budget and with whatever modifications it deems advisable, submit the budget to the governmenta! uni~s ~-haf members of SOJlC by March 15 of each year. The budget as adopted by the Board of Directors shall consist of a) piLoposed expenditures; b) antici- pated revenues; c) the determination of what contribution each member of SOJIC shall make to the organization during immediately ensuing fiscal year. 4 - Contract No expenditure shall be made unless provided for in the budge?. In the event there are unanticipated expenses and/er revenues, the Board of Directors may adopt a supplemental budget, but no member shall be liable for additional contributions without its consent. 5.3 Cost Sharing Formula. The contribution of each member shall be defer- determined by application of a formula taking i'nto account such factors as number of personnel, budgets, population, criminal offense activity, usage of the infor- mation system or other factors. The Board of Directors may change the formula a~ any meeting, but no change shall affect the obligation of any member as established by the approved budget for ~he applic~ble year without the consent of such member. ARTICLE VI. Withdrawlt.~.(ssolution and Duration 6.1 Any member may terminate participation"in SOJIC without cause by giving written notice to all of the members not less than sixty (60) days prior to the end of any fiscal year. Such termination shall become effective at midnight of the last calendar day of the fiscal year in which such notice is given. 6.2 Any member may terminate participation in SOJIC at any time in the event that funds for the continuation of the programs and services here- i'n contemplated ~ecome for any reason unavailable or so substantially cur- ta~led as to make conti'nued performance an unreasonable burden'on any mem- Ber. Written notf'ce of such term[nation or suspension shall be given to t~e other members not less that sixty (60) days in advance thereof. 6.3 SOJIC shall be dissolved upon withdrawal of any member. How- ever, the remaining members may re-organize and continue to operate SOJIC so long as there are at least three members. In the event of dissolution of SOJIC, any property acquired as the result of its activities and any surplus monies shall be returned consistent with the provisions of federal and state laws in. proportion to the contributions of the parties. A with- drawing member shall be given data in usable form so i't can reconstruct its files. Contract 6.4 This agreement shall conl'inue in effect initially for one year and shall be conclusively deemed to have been renewed by the participants each year thereafter until terminated in accordance with the terms of this article. This agreement shall not be ammended without the consent of all members. This. agreem, ent shall take effect when it has been executed by all parties. IN WITNESS WHEREOF, the parties hereto have signed this agreement as of the day and year endorsed with each signature. Date: September 16, 1981 Date: 6 - Contract .SOUTHER~ OREGON JUSTICE INFORMATION COUNCIL BUDGET FOR FISCAL YEAR 1982-83 ITEM RAIN Contract Personnel 110,414 CoBtingency 7,370 Materials/Services 105,686 Capital Outlay 55,~32 SOJIC Costs Personnel (~art-time) Office Space Office/Storage Equipt Hardware Depreciation/ Replacement Board/Committee Expenses Total Budget 8,000 2,400 1,200 20,000 1,000 AMOUNT $ 279,102 32,600 $ 311,702 (6/2/8~)