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HomeMy WebLinkAboutAGMT - Orange County Intelligence Assessment Center (Integrated multi-disciplined information and intelligence sharing network)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, Orange, 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 (OCIAQ 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 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 will be comprised of personnel from the Cities of Anaheim, Santa Ana, Irvine, Huntington Beach and Orange; the Orange County Fire Authority; the Orange County Sheriff -Coroner Department and the Orange County Health Care Agency. Future parties may join if they agree to all terms and conditions stated in this MOA and with approval of the Sheriff -Coroner, the Parties' Police Chiefs, and the Fire Authority Chief. 2. DIRECTION OF OCIAC Direct responsibility for the overall policy and direction of OCIAC will rest with the Orange County Sheriff -Coroner or his/her designee. The Sheriff -Coroner or his/her P) designee will closely coordinate with the Orange County Chiefs and Sheriff's Association, the Parties' Chiefs of Police, the Fire Authority Chief, the City of Orange Fire Chief, and the Director 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 Homeland Security 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/her designee. 4. PERSONNEL ASSIGNED TO OCIAC Each Party will assign appropriate personnel, on either a full-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. The County of Orange, by and through its Sheriff -Coroner Department, will also provide all necessary secretarial, clerical and technical support for OCIAC. 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 specif ed in paragraph 7, will be paid by the employing agencies. b. TRAINING EXPENSES 3 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. 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 Homeland Security 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 Homeland Security 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 PROPERTY OF THE CITY OF ORANGE In consideration of the promises contained herein and subject to the terms of a separate license agreement as between the County of Orange and City of Orange (the "License"), the City of Orange hereby grants the free use of office space to be used by the personnel of the Parties while performing their assigned duties related to OCIAC. 10. LICENSE TO USE PERSONAL PROPERTY OF THE COUNTY OF ORANGE. 4 In consideration of the promises contained herein, the County of Orange hereby grants to the other Parties free use of office furniture and equipment, including but not limited to radios, computers, cellular telephones, and electronic communication devices. Said office furniture and equipment will be used solely by the personnel of the Parties while performing their assigned duties related to OCIAC. The precise size and type of said office furniture and equipment will be determined by the Orange County Sheriff - Coroner or his/her designee The County of Orange will pay for all telephone bills, including cellular phone and electronic communication device bills for County -issued cellular phones or electronic communication 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 electronic communication 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 electronic communication device. 11. 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. 12. 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. 13. MEDIA RELEASES All media releases on OCIAC matters will be mutually agreed upon and coordinated jointly within the existing respective agencies' guidelines. 14. MUTUAL INDEMNIFICATION Each Parry 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. 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. 15. INSURANCE Each Party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, as required, and automotive liability insurance or maintain a self-insuring fund for the term of this MOA in the amounts determined by each Party to adequately insure such Party's liability assumed herein. 16. 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 or upon expiration of the License, whichever occurs first. 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 M, 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 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 For City of Orange: City Clerk 300 East Chapman Avenue Orange, CA 92866 VA Copy to: Orange Chief of Police 1107 North Batavia Street Orange, CA 92867 Orange Fire Chief 176 South Grand Street Orange, CA 92866 17. 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. Additional parties may join this MOA as provided in Paragraph 1. 18. PRIOR AGREEMENT SUPERSEDED This MOA supersedes the "Memorandum of Agreement Among Public Agencies Participating in the Orange County Intelligence Assessment Center" which was approved by the County of Orange on April 7, 2009. 0 APPENDIX A — MEMORANDUM OF AGREEMENT AMONG PUBLIC AGENCIES JOINING IN THE ORANGE COUNTY INTELLIGENCE ASSESSMENT CENTER (OCIAC) PURPOSE: This document effects the joining by the: City of Seal Beach in the Memorandum of Agreement among the public agencies participating in OCIAC to assist in accomplishing the mission of OCIAC which 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. AGREEMENT: The Joining Parry agrees to abide by all provisions and assume all obligations and responsibilities of the MOA, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Parry acknowledges being provided copies or other adequate notice). In return, the Joining Parry shall also be considered a parry and shall have the same rights and privileges as the original parties. POINT OF CONTACT: The Joining Parry's POC is: Name and Title: Philip L. Gonshak, Chief of Police Office Phone: 562-799-4124 Cell: 562-826-1631 hF�i�.r'i►�Sx�IZ1c�! Email: pgonshak@sealbeachca.gov Address: SBPD, 911 Seal Beach Boulevard, Seal Beach, CA 90740 COSTS: Unless otherwise agreed in writing,the Joining Party shall bear its own costs in relation to the MOA. EFFECTIVE DATE/DURATION/TERMINATION: This document shall take effect when completed and signed by the Joining Party's duly authorized representative and countersigned by the Sheriff -Coroner, the Parties' Police Chiefs, and the Fire Authority Chief as authorized by Paragraph 1 of the MOA. Thereafter, duration and termination of the Joining Party's participation in the MOA shall be as provided in the MOA. FOR THE JOINING PARTY: Name: Philip L. Gonshak Title: Chief of Police Agency: Seal Beach Police Department Date: 09/22/2021 Please include the City Clerk on correspondence related to the MOA: City Clerk City of Seal Beach 211 Eighth Street Seal Beach, CA 90740