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~)