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HomeMy WebLinkAbout2010-293 ("; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-293 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE POLICE DEPARTMENT TO JOIN THE INFORMATION SHARING INITIATIVE KNOWN AS THE SOUTHERN CALIFORNIA LAW ENFORCEMENT INFORMA TION EXCHANGE (SOCAL LINX) HOSTED BY THE U.S. NAVY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council authorize the City Manager, or his designee, to execute an appendix of the Southern California (SoCal) LInX Memorandum of Understanding between the US Naval Criminal Investigative Service's Southern California Law Enforcement Information Exchange (SoCal LInX) and the City of San Bernardino for membership in the information exchange program, a copy of which is attached hereto, marked as Exhibit A, and incorporated herein by this reference. SECTION 2. The authorization to sign the appendix to the SoCal LInX Memorandum of Understanding referenced in Section I of this Resolution is rescinded if the appendix is not signed by both parties within sixty (60) days of the passage of this Resolution. I I I I I I I I I II I I I I I I I I I I I I I I I I 2010-293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE POLICE DEPARTMENT TO JOIN THE INFORMATION SHARING INITIATIVE KNOWN AS THE SOUTHERN CALIFORNIA LAW ENFORCEMENT INFORMA TION EXCHANGE (SOCAL LINX) HOSTED BY THE U.S. NAVY. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held , 2010, by the following vote, to wit: on the 7th day of September Council Members: AYES MARQUEZ X DESJARDINS X BRINKER X SHORETT X KELLEY ~ JOHNSON X MCCAMMACK X ABSTAIN ABSENT NAYS The foregoing Resolution is hereby approved this id~h_~ '-- Rachel G. Clark, City Clerk ~ q day of September , 2010. ~~ City of San Bernardino Approved as to Form: .it 2010-293 Memorandum of Understanding Among the Naval Criminal Investi"gative Service And the Southern California Regional State, County and Municipal Agencies For an Information Sharing Initiative known as the Southern California Law Enforcement Information Exchange (SoCal LInX) A. PURPOSE. 1. This Memorandum of Understanding (MDU) is entered Into by the Naval Criminal Investigative Service and the Signatory Federal, State, County and Municipal law enforcement agencies participating in a federally sponsored information sharing initiative for operation of a regional warehouse of databases, known as the Southern California Law Enforcement Information Exchange (SoCal LInX). The purpose of this MOU is to set forth the policy and procedures for the use of the SoCal LInX by the participating parties! including the ownership and control of the information within the system! which will be contributed by each party for use by the SoCal UnX and the participating agencies. 2. The driving impetus for this initiative and MOU is to further the wars against crime and terrorism in the wake of the September 11th terrorist attacks against the United States. This includes: identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist activities. To achieve these ends, it is essential that all Federal! State, County and Municipal law enforcement agencies cooperate in efforts to share pertinent information. The SoCal LInX will integrate relevant records of the parties within a single warehouse of databases! effectively prOViding each participating agency with a single source for regional law enforcement information. 3. The SoCal LInX will be available for use by all participating law enforcement agencies in furtherance of authorized law enforcement activities, as well as the prevention and detection of terrorist risks and threats. Utilizing the SoCal UnX capabilities will significantly advance publi.c safety and security, and will enhance the protection of this Nation's critical national assets and resources in the greater Southern California region of the State of California. B. PARTICIPANTS. 1. The authorized participants of the SoCal LInX are those law enforcement agencies whose representatives have subscribed to this Memorandum of Understanding affirming adherence to the plan and principles set forth herein. 2. The parties to this MOU are: A. The Orange County Sheriff's Department; B. The Riverside County Sheriff's Department; C. The San Bernardino County Sheriff's Department D. The Ventura County Sheriff's Department Southern California LInX MOU 1 Exhibit "A" 04/15/2008 2010-293 E. The Naval Criminal Investigative Service; 3. The above parties agree that any Southern California Joint Terrorism Task Force (JrrF) will be permitted access to the SoCal LInX upon their proper written request. 4. The parties agree that maximum participation and contribution of all legally sharable information by all eligible law enforcement agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible agencies will join this MOU in the future. An eligible agency must apply for and be approved by the SoCal LInX Governance Board to become a joining agency. The Governance Board will consist of the heads of all of the participating agencies, as described further herein. The Governance Board shall establish criteria for eligibility to' join such as, but not limited to: full security compliance, data availability and accountability, technical capability, and operational history. A joining agency once approved by the Governance Board and a signatory hereto, shall also be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the original parties. C. POINTS OF CONTACT. Each party shall desi'gnate an individual as the party's point of contact (POC) for representing that party in regard to the MOU. A party may change its POC at any time upon providing written notification thereof to the Governance Board. D. AUTHORITY. 1. Authority for the Naval Criminal Investigative Service to participate in SoCal LInX includes Department of Defense (000) Instruction 4000.19 dated 9 August 1995, Department of Defense (000) Instruction 5505.3 dated June 21, 2002, and SECNAVINST 5430.107 dated December 28, 2005. 2. Authority for California State, County, and Municipal law enforcement agencies to enter into this MOU includes California Penal Code sections 11105 and 13300 and California Government Code sections 26600, 26602 and 41601. E. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of regional law enforcement agencies in a systematic and ongoing manner to maximize the benefits of information gathering and analysis to prevent and respond to the increased criminal and terrorist threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for the Department of Defense and the Nation's critical infrastructure in the Greater Southern California Region. The specifiC objectives of the SoCal LInX are to: 1. Integrate regional law enforcement, criminal justice and investigative data from participating agencies in near real time within one warehouse of databases that will be accessible by all participating agencies. 2. Dramatically reduce the time spent by participating agency operational, investigative and analytical personnel in search and retrieval of relevant data by providing query and analytical tools. ,3.:.1. Southern California LInX MOU 2 04/1512008 2010-293 3. Provide the means for the participating agencies to develop analytical products to support law enforcement violent crime and counterterrorism operational and investigative activities. 4. Provide an enhanced means for the participating agencies to produce strategic analytical products to assist administrative decision-making processes for area law enforcement executives. F. CONCEPT. 1. The SoCal LlnX is a cooperative partnership of Federal, State, County, and Municipal law enforcement agencies, in which each agency is participating under Its own individual legal status, jurisdiction, and authorities, and all SoCal LInX operations will be based upon the legal status, jurisdiction, and authorities of the individual participants. The SoCal LInX is not intended to, and shall not, be deemed to have independent legal status. 2. The SoCal LInX will become a central, electronic repository of derivative Federal, State, County, and Municipal law enforcement and investigative data, with each party providing for use of the other parties copies of information from its own records which may be pertinent to the SOCal UnX mission. Once the warehouse of databases is populated and properly structured, the system will function with querying and analytical tools in support of operational law enforcement activities, criminal investigations, counter terrorism, and for the development of reports by the participating agencies for the use of their executive decision makers. 3. SoCa! LlnX functionality will not have access to or contain commercially available references, public source information, and applications such as commercial directories, or other third party commercial databases or external applications. 4. The SoCal UnX warehouse of databases will be resident on servers located in the secure U.S. Drug Enforcement administration (DEA) Los Angeles Field Office-- High Intensity Drug Trafficking Area (HIDTA) data management facility in Los Angeles, California, and will contain "Sensitive But Unclassified" (SBU) information from the records systems of the MOU parties. 5. All parties to this MOU contributing data to the SoCal UnX will have equal access to the SoCal LInX functionality via secure Internet connections for read, an,alytical and lead purposes only. G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION. 1. Each party retains sole ownership of, exclusive control over content and sole responsibility for all of the information it contributes, and may at will at any time update or correct any of its information in SoCal LInX, or delete it from the SoCal LInX entirely. All system entries will be clearly marked to identify the contributing pa rty . 2. Just as each party 'retains sole ownership and control of the information it contributes, so does a party retain sole ownership and control of the copies of that information replicated in the SoCal LInX. Southern California LInX MOU 3 04/1512008 2010-293 3. The contributing party has the sole responsibility and accountability for ensuring that no information is entered into SoCal LInX that was obtained in violation of any Federal, State, County or Municipal law applicable to the contributor. 4. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information into the SoCal LInX. 5. The contributing party has the sole responsibility and accountability for making reasonable efforts to ensure the accuracy upon entry, and continuing accuracy thereafter, of information contributed. Each party will notify the contributing party and the Governance Board of any challenge to the accuracy of the contributing party's information. 6. Because information housed by SoCal LInX will be limited to duplicates of information obtained and separately managed by the entering party within its own record system (s), and for which the contributing party is solely responsible and accountable, information submitted by the participating parties shall not be altered or changed in any way, except by the contributing party. The contributing party should not make any changes to the data in the SoCal LInX warehouse that is not mirrored within the contributing party's source records. 7. The SoCal LInX will thus only be populated with mirrored information derived from each contributing party's "own legally maintained records," and is not in any manner intended to be an official repository of original records, or to be used as a substitute for one, nor is the information in the system to be accorded any independent record system status. Rather, this electronic system is merely a means to provide timely access for the law enforcement parties to information that replicates existing files/records systems. SoCal LInX is not the owner of any of the records contained in the SoCal LInX warehouse of databases. 8. To the extent that any newly discovered links, matches, relationships, interpretations, etc., located through the analysis of SoCal LInX information may be relevant and appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party's records management processes (subject to obtaining any contributing party's consent as provided below). A party that desires to incorporate in its own separate records information contributed by another party, including any analytical products based on another party's information, must first obtain the entering party's express permission. 9. Commercially available software applications, such as mapping applications and analytical applications, are considered to be non-record material and will be maintained in accordance with applicable contracts and/or licensing agreements. To the extent that any such information is relevant and appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party's records management processes and any applicable contract or licensing agreement. Southern California LInX MOD 4 04/15/2008 2010-293 10. Each agency has agreed to submit legally sharable law enforcement, criminal justice and investigative types of records, reports, and information into the SoCal LInX warehouse of databases. 11. There is no obligation and there should be no assumption that a particular party's records housed In the SoCal LInX database warehouse represent the totality of all records of that party's records system for any subject or person. H. ACCESS TO AND USE OF INFORMATION. 1. Each party will contribute all legally sharable information to the SoCal UnX and agrees to permit the access, dissemination, and/or use of such information by every other party under the provisions of this MOU (and any other applicable agreements that may be established for the SoCal LInX). The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies, and procedures applicable to the submitting party. 2. Agencies that do not provide data for inclusion in the SoCal LInX are not eligible to be parties without express, written approval of the SoCal LInX' Governance Board. Only duly constituted law enforcement agencies of a Federal, State, County, Municipal or Special jurisdiction may become a party of the SoCal LInX. 3. All parties will have access via a secure Internet connection to all the information in the SoCal LInX, as provided in this MOU and any other applicable agreements that may be established for the SoCal LInX; and each agency is responsible for providing its own Internet connectivity. 4. An accessing party has the sole responsibility and accountability for ensuring that all access comports with any laws, regulations, policies, and procedures applicable to the accessing party. 5. A party may only access the SoCal LInX when it has a legitimate, official need to know and right to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system can not be used for general licensing and employment purposes, background investigations of Federal, State, County or Municipal employees, or any other non- law enforcement pu'rpose. 7. Information in the system, including any analytical products, may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. Specifically included within this prohibition is the direct use of any SoCal UnX information in the preparation of any judicial process such as affidavits, warrants, subpoenas, etc. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or gUidelines issued jointly by Southern California LInX MODt 5 04/15/2008 2010-293 the Attorney General of the United States and the Director of Central Intelligence, Immediate dissemination of Information can be made If a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate Federal, state, local, or foreign government official for the purpose of preventing or responding to such a threat. The owner of the information shall be immediately notified of any and all disseminations made under this exception. 9. Any requests for reports or data in SoCal LInX records from anyone other than a party to this MOU will be directed to the contributing party. 10. Agencies other than any exception noted in paragraph B.2 above who are not part of this MOU will not have direct access to SoCal LInX. Requests by such agencies for copies of information contained in SoCal LInX must be referred to the individual SoCal UnX party that owns or originated the information. 11. The information in the SoCal UnX shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under the Federal or State benefit programs, or to recoup payments or delinquent debts under such Federal or State benefit programs. 12. The SoCal LInX will include an audit capability that will log all user activity. Each agency will designate a point of contact who shall have access to that member agency's portion of the audit log. However, the audit log aggregate is not a record of information wholly controlled by anyone member agency and no single member agency may disclose the content of the entire log. Any requests for copies of the entire audit log will be forwarded to each member agency for direct response to that member agency's portion of the audit log. I. DISCOSURE OF THIRD-PARTY INFORMATION. 1. When addressing any request for the disclosure of third-party information where that information was obtained as a result of a query(s) made through the SoCal LInX system, the participating members shall comply with the follOWing policy: (a) In all cases, for providers of any third-party information held in another SoCal LInX member's files, the provider retains proprietary ownership of the information other than as provided by specific law. (b) As established in Sections G and H of this SoCal LInX MOU (and any other applicable operating procedures that may be established for the SoCal LInX), information acquired through the SoCal LInX system by any member and all members, shall be considered "sensitive law enforcement information, 11 the nondisclosure of which is essential to law enforcement Southern California LInX MOD 6 04115f2008 2010-293 for the protection of ongoing Investigations and persons' rights to privacy. Therefore, in all cases, the member with proprietary interest will be immediately notified of a request for sharing or disclosure of that information from any agencies or parties outside of participating members in the SoCal UnX system. The member with proprietary interest is then free to withhold or share the information, notwithstanding the Initial presumption of its "sensitive law enforcement informationll status by another member. (c) All members agree to assist and cooperate with any other member or members in protecting information from harmful disclosure to the fullest extent of the law. Cd) It is not the intention of this agreement to circumvent or obstruct existing open government and/or public information disclosure laws. Nor is there any intent to interfere with or obstruct lawful discovery. Rather it is intended to ensure the protection of sensitive law enforcement information, information that has been designated as part of an active and ongoing investigative effort by any member, and other information as protected by applicable Federal, State, County or Municipal privacy laws. J. SECURITY. 1. Each party will be responsible for designating those employees who have access to the SoCal LInX. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. The system was developed with security in mind. It should be remembered by each participating member that access to the information within the system should be on a strictly official, need-to-know basis, and that all information is law enforcement sensitive. 2. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it exercises with respect to its own sensitive information. Each party agrees to restrict access to such information to only those of its (and its governmental superiors) officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with an official "need to known such information. 3. Each party is responsible for training those employees authorized to access the SoCal UnX system regarding the use and dissemination of any information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as preparing affidavits, or obtaining subpoenas and warrants etc. Parties should also fully brief accessing employees about the proscriptions for using third party information as described in Section H herein. K. PROPERTY. 1. Any equipment purchased by NCIS for or on behalf of the Federal Government to support this effort will remain the property of the Federal Government. After Southern California LInX MOU 7 04/15/2008 2010-293 expiration of any warranties, NCIS or the appropriate Federal Government representative and the Southern California SoCal UnX Governance Board will determine the responsibility for the maintenance of the servers and software. 2. Ownership of all. property purchased by any parties other than NCIS will remain the property of the purchasing party. Each party accessing the SoCal LInX from the party's facility shall provide its own computer stations for its designated employees . to have use of and access to the SoCal LInX. The accessing party is responsible for configuring its computers to conform to the access requirements. Maintenance of the equipment purchased by the accessing party shall be the responsibility of that party. L. COSTS. . 1. Unless otherwise provided herein or in a supplementary writing, each party shall bear its own costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party's express written approval must be obtained before the incurring by another party of each expense associated with the responsibility. All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. M. LIABILITY. 1. The SoCal UnX is not a separate legal entity capable of maintaining an employer-employee relationship and, as such, all personnel assigned by a party to perform SoCal UnX related functions shall not be considered employees of the SoCal UnX or of any other party for any purpose. The assigning party thus remains solely responsible for supervision, work schedules, performance appraisals, compensation, overtime, vacations, retirement, expenses, disability, and all other employment-related benefits incident to assignment of its personnel to SoCal LlnX functions. 2. Unless speCifically addressed by the terms of this MOU (or other written agreement), the parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective officers and employees, but only to the extent they would be liable under the laws of the jurisdiction(s) to which they are subject. N. GOVERNANCE. 1. The parties recognize that the success of this project requires close cooperation on the part of all parties. To this end, the SoCal UnX will be operated under a shared management concept in which the parties will be involved in formulating operating policies and procedures. The Southern California UnX Governance Board will consist of the head (or authorized designee) of each participating law enforcement agency. The parties agree to comply with all future policies and procedures related to the SoCal UnX Program developed by this Governance Board. 2. Each member of the Governance Board shall have an equal vote and voice on all LInX Board decisions. Unless otherwise provided, Roberts Revised Rules of Order Southern California LInX MOD 8 04/15/2008 2010-293 shall govern all procedural matters relating to the business of the Governance Board. 3. A chairperson (or co-chairpersons) shall be elected by Its members, together with such other officers as a majority of the Board may determine necessary. The chairperson(s), or any board member, may call sessions as necessary. For a meeting to occur a minimum of 51% of the membership must be present and a simple majority of those present shall be required for passage of any policy matters. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone or email poll of Board members to resolve any issues. The Board may also establish any needed committees such as executive, technical, user, and legal committees to provide advice on matters related to the SoCal UnX Program. 4. Disagreements among the parties arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and their sponsoring agencies (or as otherwise may be provided under any separate governance procedures), and will not be referred to any court, or to any other person or entity for settlement. All unresolved matters will go before the Governance Board. 5. The Governance Board may establish additional procedures and rules for the governance of SoCal LInX, and in furtherance thereof may enter into one or more separate formal or informal agreements, provided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU, and is sufficiently memorialized to meet the business purposes of SoCal UnX governance (including adequately informing current and future parties). Such governance agreement(s) may, for instance, address: organizational structure and controlj executive management and administration; delegation of authority; standard operating policies, procedures, rules, and practices; meetings, quorums, and voting procedures; auditsj and sanctions (including involuntary termination of a party's participation in this MOU and the SoCal LInX Program). O. NO RIGHTS IN NON-PARTIES. 1. This MOU is an agreement among the parties and is not intended, and should not be construed, to create or confer on any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against the NCIS, the Department of the Navy, the Department of Defense, the United States, a party, or any State, County, Municipality, or other sponsor under whose auspices a party is participating in the SoCal LInX; or the officers, directors, employees, detailees, agents, representative:;, contractors, subcontractors, consultants, advisors, successors, assigns or other agencies thereof. P. EFFECTIVE DATE I DURATION I MODIFICATION I TERMINATION. 1. As among the original parties, this MOU shall become effective when the duly authorized representative(s) of each party have all signed it. For parties who subsequently join, this MOU shall become effective when Appendix A has been completed and signed by the joining party's duly authorized representative and Southern California LInX MOD 9 04/15/2008 2010-293 countersigned by the representatives of the SoCal LlnX authorized to do so under SoCal LInX Governance procedures applicable at the time of joining. 2. This MOU shall continue in force indefinitely for so long as it continues to advance the participants' mission purposes, contingent upon approval and. availability of necessary funding. 3. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all parties. However, the parties may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, prOVided that any such resolution does not conflict with the spirit, intent, or provisions of this MOU; could not reasonably be viewed as particularly sensitive, controversial, or objectionable by one or more parties; and is sufficiently memorialized to meet the business purposes of SoCal LInX Governance (including adequately informing current and future parties). 4. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties. A party's duly authorized representative may also terminate the party's participation in the MOU upon written notice to all other parties of not less than thirty (30) days. A party's participation may also be terminated involuntarily as may be provided in the applicable governance agreement. 5. Upon termination of this MOU, all property being used under its purview will be returned to the respective supplying party. Similarly, if an individual party's participation in this MOU is terminated, the party will return any property to supplying parties, and the remaining parties will return any property supplied by the withdrawing party. 6. All information contributed to the SoCal LInX by a terminating party will be deleted from SoCal LInX. 7. As to information contained in the SoCal LInX during a party's participation under this MOU, the rights, obligations, responsibilities/ limitations, and other understandings with respect to the disclosure and use of such information shall survive any termination. This applies both to a terminating party's information, and to the other parties' disclosure and use of a terminating party's information. Q. APPENDICES. A. Form for new agencies to join MOU (and copies of executed forms for each new agency which has so joined); B. Governance Provisions included as Addenda to this MOU (added at the discretion of the Board); C. Security Policy (added at the discretion of the Board). Southern California LlnX MOD 10 04/15/2008 2010-293 parties have individually executed this MOU by the signatures of the duly h ized representative of each participating agency belowr and incorporated he in a part of this MOU. Signature: Name: Title: Agency: For NCIS: Date: Assistant Sheriff of Operationsr Acting Sheriff Orange County Sheriffs Department 'LJ - 1 7 -o~ Date: 1. 21- c) Y Signature: Name: Title: Assistant Director Agency: Naval Criminal Investigative Service Southern California LInX MOD 11 4/1712008 2010-293 ( IN WITNESS WHEREOF, the parties have individually executed this MOU by the signatures of the duly authorized representative of each participating agency below, and incorporated herein as part of this MOU. Slgnature~ ~~ C- ! Date: /J' +::?=/l Name: ~^,ler /u I'~ Title: ~~~ff.- CtJJ~.v-t!'/( _~ Agency: /2?'ve,z(l~~C! UVA.JT)' S~~:r .tJ&Jrl"C~~ For NCIS: Date: ~ 2"/-,:j ( Signature: Name: Title: Agency: Naval Criminal Investigative Service Southern California lJnX MOD 1l 04/1512008 2010-293 ( IN WITNESS WHEREOF, the parties have individually executed this MOU by the signatures of the duly authorized representative of each participating agency below, and incorporated herein as part 0 this MOU. Signature: Date: '1-15"-0 ~ Name: 67/ltey ~ rO:-PRo o. Title: < 4r; ..f f Agency: ~AiV J3tPe/lJlfP7)/II.)() 5 fu./ fr O~.1' 1. For NCIS: Date:1zr.:.~r Signature: Name: Title: Agency: Naval Criminal Investigative Service Southern California LInX MOU 11 04/15/2008 2010-293 ( IN WITNESS WHEREOF, the parties have individually executed this MOU by the signatures of the duly authorized representative of each participating agency below, and incorpora:?rel~~S paj?fthls ~OU. Signature: ~L ~ Date: -'/)~ '1' Name: 6o~ 64c:o,e:S Title: S~R='/,..c:p Agency: ~/d~ COC/Al7y' S#E/Z/..c~.J CJ~e.:G Signature: Name: Title: Agency: Naval Criminal Investigative Service Date: ~2~cJ~ For NCIS: Southern California LInX MOD 11 04/1512008 2010-293 APPENDIX A - Southern California (SoCal) LInX Memorandum of Understanding PURPOSE: This document effects the joining by the: SAN BERNARDINO POLICE DEPARTMENT (Joining Party) in the Memorandum of Understanding among the Naval Criminal Investigative Service and participating Federal, State, County and Municipal agencies for an information sharing initiative known as the Southern California Law Enforcement Information Exchange (SoCal LInX). AUTHORITY: Authority for the Joining Party to enter into this MOU includes: The approval of the San Bernardino City Council by resolution on Tuesday, September 7, 2010. AGREEMENT: The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOU, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice). In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT: The Joining Party's POC is: Name and Title: Michael Eckley, Public Safety Systems Manager Office Phone: 909-384-5947 Cell: 951-712-6242 Fax: 909-388-4913 Address: 710 North D Street, San Bernardino, CA. 92401 EmailjOther: mike.eckley@sbcity.org COSTS: Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOU. 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 representative(s) of the SoCal LInX authorized to do so under SoCal LInX Governance procedures applicable at the time of joining. Thereafter, duration and termination of the Joining Party's participation in the MOU shall be as provided in the MOU. Southern California LInX MOU Exhibit "A" 8/31/2010 2010-293 APPENDIX A - Southern California (SoCal) LInX Memorandum of Understanding FOR THE JOINING PARTY: Signature: Date: Name: Charles McNeely Title and Agency: City Manager APPROVED AS TO FORM: James F. Penman, City Attorney .... By: - FOR THE SoCal LInX: Chairperson: Signature: Date: Name: Title and Agency: Co-Chairperson: Signature: Date: Name: Title and Agency: Southern California LInX MOD 2 8/31/2010 2010-293 Memorandum of Understanding Among the Naval Criminal InvesUgative Service And the Southern California Regional State, County and Municipal Agencies For an Information Sharing Initiative known as the Southern California Law Enforcement Information Exchange (SoCal LInX) A. PURPOSE. 1. This Memorandum of Understanding (MOU) Is entered Into by the Naval Criminal Investigative Service and the Signatory Federal, State, County and Municipal law enforcement agencies participating in a federally sponsored information sharing initiative for operation of a regional warehouse of databases, known as the Southern California Law Enforcement Information Exchange (SoCal LInX). The purpose of this MOU is to set forth the policy and procedures for the use of the SoCal LInX by the participating parties, including the ownership and control of the information within the system, which will be contributed by each party for use by the SoCal LInX and the participating agencies. 2. The driving impetus for this initiative and MOU is to further the wars against crime and terrorism in the wake of the September 11th terrorist attacks against the United States. This includes: identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist activities. To achieve these ends, it is essential that all Federal, State, County and Municipal law enforcement agencies cooperate in efforts to share pertinent information. The SoCal LInX will integrate relevant records of the parties within a single warehouse of databases, effectively providing each participating agency with a single source for regional law enforcement information. 3. The SoCal LInX will be available for use by all participating law enforcement agencies in furtherance of authorized law enforcement activities, as well as the prevention and detection of terrorist risks and threats. Utilizing the SoCal LInX capabilities will significantly advance publi.c safety and security, and will enhance the protection of this Nation's critical national assets and resources in the greater Southern Califomia region of the State of California. B. PARTICIPANTS. 1. The authorized participants of the SoCal LInX are those law enforcement agencies whose representatives have subscribed to this Memorandum of Understanding affirming adherence to the plan and principles set forth herein. 2. The parties to this MOU are: A. The Orange County Sheriff's Department; B. The Riverside County Sheriff's Department; C. The San Bernardino County Sheriff's Department D. The Ventura County Sheriff's Department Southern California LInX MOD 1 04/15/2008 2010-293 E. The Naval Criminal Investigative Service; 3. The above parties agree that any Southern California Joint Terrorism Task Force (JTIF) will be permitted access to the SoCal LInX upon their proper written request. 4. The parties agree that maximum participation and contribution of all legally sharable information by all eligible law enforcement agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible agencies will join this MOU in the future. An eligIble agency must apply for and be approved by the SoCal LInX Governance Board to become a joining agency. The Governance Board will consist of the heads of all of the participating agencies, as described further herein. The Governance Board shall establish criteria for eligibility to. join such as, but not limited to: full security compliance, data availability and accountability, technical capability, and operational history. A joining agency once approved by the Governance Board and a signatory hereto, shall also be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the original parties. C. POINTS OF CONTACT. Each party shall designate an individual as the party's point of contact (POC) for representing that party in regard to the MOU. A party may change its POC at any time upon providing written notification thereof to the Governance Board. D. AUTHORITY. 1. Authority for the Naval Criminal Investigative Service to participate in SoCal LInX includes Department of Defense (DoD) Instruction 4000.19 dated 9 August 1995, Department of Defense (DoD) Instruction 5505.3 dated June 21, 2002, and SECNAVINST 5430.107 dated December 28, 2005. 2. Authority for California State, County, and Municipal law enforcement agencies to enter into this MOU includes California Penal Code sections 11105 and 13300 and California Government Code sections 26600, 26602 and 41601. E. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of regional law enforcement agencies in a systematic and ongoing manner to maximize the benefits of information gathering and analysis to prevent and respond to the increased criminal and terrorist threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for the Department of Defense and the Nation's critical infrastructure in the Greater Southern California Region. The specific objectives of the SoCal LInX are to: 1. Integrate regional law enforcement, criminal justice and investigative data from participating agencies in near real time within one warehouse of databases that will be accessible by all participating agencies. 2. Dramatically reduce the time spent by participating agency operational, investigative and analytical personnel in search and retrieval of relevant data by providing query and analytical tools. Southern California LInX MOV 2 04/15/2008 2010-293 3. Provide the means for the participating agencies to develop analytical products to support law enforcement violent crime and counterterrorism operational and investigative activities. 4. Provide an enhanced means for the participating agencies to produce strategic analytical products to assist administrative decision-making processes for area law enforcement executives. F. CONCEPT. 1. The SoCal LInX is a cooperative partnership of Federal, State, County, and Municipal law enforcement agencies, in which each agency is participating under Its own Individual legal status, jurisdiction, and authorities, and all SoCal LInX operations will be based upon the legal status, jurisdiction, and authorities of the individual participants. The SoCal LInX is not intended to, and shall not, be deemed to have independent legal status. 2. The SoCal LInX will become a central, electronic repository of derivative Federal, State, County, and Municipal law enforcement and investigative data, with each party providing for use of the other parties copies of information from its own records which may be pertinent to the SoCal LInX mission. Once the warehouse of databases is populated and properly structured, the system will function with querying and analytical tools in support of operational law enforcement activities, criminal investigations, counter terrorism, and for the development of reports by the participating agencies for the use of their executive decision makers. 3. SoCal UnX functionality will not have access to or contain commercIally available references, public source information, and applications such as commercial directories, or other third party commercial databases or external applications. 4. The SoCal UnX warehouse of databases will be resident on servers located in the secure U.S. Drug Enforcement administration (DEA) Los Angeles Field Office-- High Intensity Drug Trafficking Area (HIDTA) data management facility in Los Angeles, California, and will contain "Sensitive But Unclassified" (SBU) information from the records systems of the MOU parties. 5. All parties to this MOU contributing data to the SoCal LInX will have equal access to the SoCal LInX functionality via secure Internet connections for read, an,alytical and lead purposes only. G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION. 1. Each party retains sole ownership of, exclusive control over content and sole responsibility for all of the information it contributes, and may at will at any time update or correct any of its information in SoCal UnX, or delete it from the SoCal LInX entirely. All system entries will be clearly marked to identify the contributing party. 2. Just as each party 'retains sole ownership and control of the information it contributes, so does a party retain sole ownership and control of the copies of that information replicated in the SoCal LInX. Southern California LInX MOU 3 04/15/2008 2010-293 3. The contributing party has the sole responsibIlity and accountability for ensuring that no information is entered Into SoCal LInX that was obtained in violation of any Federal, State, County or Municipal law applicable to the contributor. 4. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of Information into the SoCal LInX. 5. The contributing party has the sole responsibility and accountability for making reasonable efforts to ensure the accuracy upon entry, and continuing accuracy thereafter, of information contributed. Each party will notify the contributing party and the Governance Board of any challenge to the accuracy of the contributing party's information. 6. Because information housed by SoCal LInX will be limited to duplicates of information obtained and separately managed by the entering party within its own record system(s), and for which the contributing party is solely responsible and accountable, information submitted by the participating parties shall not be altered or changed in any way, except by the contributing party. The contributing party should not make any changes to the data in the SoCal LInX warehouse that is not mirrored within the contributing party's source records. 7. The SoCal LInX will thus only be populated with mirrored information derived from each contributing party's "own legally maintained records," and is not in any manner intended to be an official repository of original records, or to be used as a substitute for one, nor is the information in the system to be accorded any independent record system status. Rather, this electronic system is merely a means to provide timely access for the law enforcement parties to information that replicates existing files/records systems. SoCal UnX is not the owner of any of the records contained in the SoCal LInX warehouse of databases. 8. To the extent that any newly discovered links, matches, relationships, interpretations, etc., located through the analysis of SoCal LInX information may be relevant and appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party's records management processes (subject to obtaining any contributing party's consent as provided below). A party that desires to incorporate in its own separate records information contributed by another party, including any analytical products based on another party's information, must first obtain the entering party's express permission. 9. Commercially available software applications/ such as mapping applications and analytical applications, are considered to be non-record material and will be maintained in accordance with applicable contracts and/or licensing agreements. To the extent that any such information is relevant and appropriate for preservation as independent records/ it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party/s records management processes and any applicable contract or licensing agreement. Southern California LInX MOU 4 04/15/2008 2010-293 10. Each agency has agreed to submit legally sharable law enforcement, criminal justice and investigative types of records, reports, and information into the SoCal UnX warehouse of databases. 11. There is no obligation and there should be no assumption that a particular party's records housed In the SoCal LInX database warehouse represent the totality of all records of that party's records system for any subject or person. H. ACCESS TO AND USE OF INFORMATION. 1. Each party will contribute all legally sharable information to the SoCal UnX and agrees to permit the access, dissemination, and/or use of such information by every other party under the provisions of this MOU (and any other applicable agreements that may be established for the SoCal UnX). The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies, and procedures applicable to the submitting party. 2. Agencies that do not provide data for inclusion in the SoCal UnX are not eligible to be parties without express, written approval of the SoCal UnX' Governance Board. Only duly constituted law enforcement agencies of a Federal, State, County, Municipal or Special jurisdiction may become a party of the SoCal LInX. 3. All parties will have access via a secure Internet connection to all the information in the SoCal UnX, as provided in this MOU and any other applicable agreements that may be established for the SoCal UnX; and each agency is responsible for providing its own Internet connectivity. 4. An accessing party has the sole responsibility and accountability for ensuring that all access comports with any laws, regulations, policies, and procedures applicable to the accessing party. 5. A party may only access the SoCal UnX when it has a legitimate, official need to know and right to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system can not be used for general licensing and employment purposes, background investigations of Federal, State, County or Municipal employees, or any other non- law enforcement purpose. 7. Information in the system, including any analytical products, may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. Specifically included within this prohibition is the direct use of any SoCal LInX information in the preparation of any judicial process such as "affidavits, warrants, subpoenas, etc. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or guidelines issued jointly by Southern California LInX MOV 5 04/15/2008 2010-293 the Attorney General of the United States and the Director of Central Intelligence, Immediate dissemination of information can be made If a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate Federal, state, local, or foreign government official for the purpose of preventing or responding to such a threat. The owner of the information shall be immediately notified of any and all disseminations made under this exception. g. Any requests for reports or data in SoCal LInX records from anyone other than a party to this MOU will be directed to the contributing party. 10. Agencies other than any exception noted in paragraph B.2 above who are not part of this MOU will not have direct access to SoCal LInX. Requests by such agencies for copies of information contained in SoCa[ LInX must be referred to the individual SoCal UnX party that owns or originated the information. 11. The information in the SoCal UnX shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under the Federal or State benefit programs, or to recoup payments or delinquent debts under such Federal or State benefit programs. 12. The SoCal UnX will include an audit capability that will log all user activity. Each agency will designate a point of contact who shall have access to that member agency's portion of the audit log. However, the audit log aggregate is not a record of information wholly controlled by anyone member agency and no single member agency may disclose the content of the entire log. Any requests for copies of the entire audit log will be forwarded to each member agency for direct response to that member agency's portion of the audit log. I. DISCOSURE OF THIRD-PARTY INFORMATION. 1. When addressing any request for the disclosure of third-party information where that information was obtained as a result of a query(s) made through the SoCal UnX system, the participating members shall comply with the following policy: (a) In all cases, for providers of any third-party information held in another SoCal LInX member's files, the provider retains proprietary ownership of the information other than as provided by specific law. (b) As established in Sections G and H of this SoCal LInX MOU (and any other applicable operating procedures that may be established for the SoCal UnX), information acquired through the SoCal LInX system by any member and all members, shall be considered "sensitive law enforcement information," the nondisclosure of which is essential to law enforcement Southern California LInX MOV 6 04/15/2008 2010-293 for the protection of ongoing Investigations and persons' rights to privacy. Therefore, In all cases, the member with proprietary Interest will be immediately notified of a request for sharing or disclosure of that information from any agencies or parties outside of participating members in the SoCal UnX system. The member with proprietary interest is then free to withhold or share the information, notwithstanding the Initial presumption of its "sensitive law enforcement information" status by another member. (c) All members agree to assist and cooperate with any other member or members in protecting Information from harmful disclosure to the fullest extent of the law. (d) It is not the intention of this agreement to circumvent or obstruct existing open government and/or public information disclosure laws. Nor Is there any intent to interfere with or obstruct lawful discovery. Rather it is intended to ensure the protection of sensitive law enforcement information, information that has been designated as part of an active and ongoing investigative effort by any member, and other information as protected by applicable Federal, State, County or Municipal privacy laws. J. SECURITY. 1. Each party will be responsible for designating those employees who have access to the SoCal LInX. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. The system was developed with security in mind. It should be remembered by each participating member that access to the information within the system should be on a strictly official, need-to-know basis, and that all information is law enforcement sensitive. 2. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it exercises with respect to its own sensitive information. Each party agrees to restrict access to such information to only those of its (and its governmental superiors) officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with an official "need to known such information. 3. Each party is responsible for training those employees authorized to access the SoCal LInX system regarding the use and dissemination of any information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as preparing affidavits, or obtaining subpoenas and warrants etc. Parties should also fully brief accessing employees about the proscriptions for using third party information as described in Section H herein. K. PROPERTY. 1. Any equipment purchased by NCIS for or on behalf of the Federal Government to support this effort will remain the property of the Federal Government. After Southern California LInX MOU 7 04/15/2008 2010-293 expiration of any warranties, NCIS or the appropriate Federal Government representative and the Southern California SoCal LInX Governance Board will determine the responsibility for the maintenance of the servers and software. 2. Ownership of all property purchased by any parties other than NCIS will remain the property of the purchasing party. Each party accessing the SoCal LInX from the party's facility shall provide Its own computer stations for its designated employees . to have use of and access to the SoCal LInX. The accessing party is responsible for configuring its computers to conform to the access requirements. Maintenance of the equipment purchased by the accessing party shall be the responsibility of that party . L. COSTS. . 1. Unless otherwise provided herein or In a supplementary writing, each party shall bear its own costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party's express written approval must be obtained before the incurring by another party of each expense associated with the responsibility. All obligations of and expenditures by the parties Will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. M. LIABILITY. 1. The SoCal UnX is not a separate legal entity capable of maintaining an employer-employee relationship and, as such, all personnel assigned by a party to perform SoCal UnX related functions shall not be considered employees of the SoCal LInX or of any other party for any purpose. The assigning party thus remains solely responsible for supervision, work schedules, performance appraisals, compensation, overtime, vacations, retirement, expenses, disability, and all other employment-related benefits incident to assignment of its personnel to SoCal UnX functions. 2. Unless speCifically addressed by the terms of this MOU (or other written agreement), the parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective officers and employees, but only to the extent they would be liable under the laws of the jurisdiction(s) to which they are subject. N. GOVERNANCE. 1. The parties recognize that the success of this project requires close cooperation on the part of all parties. To this end, the SoCaJ UnX will be operated under a shared management concept in which the parties will be involved in formulating operating policies and procedures. The Southern California LInX Governance Board will consist of the head (or authorized designee) of each participating law enforcement agency. The parties agree to comply with all future policies and procedures related to the SoCal LInX Program developed by this Governance Board. 2. Each member of the Governance Board shall have an equal vote and voice on all LInX Board decisions. Unless otherwise provided, Roberts Revised Rules of Order Southern California LInX MOD 8 04/15/2008 2010-293 shall govern all procedural matters relating to the business of the Governance Board. 3. A chairperson (or co-chairpersons) shall be elected by Its members, together with such other officers as a majority of the Board may determine necessary. The chalrperson(s), or any board member, may call sessions as necessary. For a meeting to occur a minimum of 51% of the membership must be present and a simple majority of those present shall be required for passage of any policy matters. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone or email poll of Board members to resolve any issues. The Board may also establish any needed committees such as executive, technical, user, and legal committees to provide advIce on matters related to the SoCal LInX Program. 4. Disagreements among the parties arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and their sponsoring agencies (or as otherwise may be prOVided under any separate governance procedures), and will not be referred to any court, or to any other person or entity for settlement. All unresolved matters will go before the Governance Board. 5. The Governance Board may establish additional procedures and rules for the governance of SoCal LInX, and in furtherance thereof may enter into one or more separate formal or informal agreements, prOVided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU, and is sufficiently memorialized to meet the business purposes of SoCal LInX governance (including adequately informing current and future parties). Such governance agreement(s) may, for instance, address: organizational structure and controlj executive management and administration; delegation of authority; standard operating policies, procedures, rules, and practices; meetings, quorums, and voting procedures; auditsj and sanctions (including involuntary termination of a party's participation in this MOU and the SoCal LInX Program). O. NO RIGHTS IN NON-PARTIES. 1. This MOU is an agreement among the parties and is not intended, and should not be construed, to create or confer on any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against the NCIS, the Department of the Navy, the Department of Defense, the United States, a party, or any State, County, Municipality, or other sponsor under whose auspices a party is participating in the SoCal LInX; or the officers, directors, employees, detailees, agents, representative~, contractors, subcontractors, consultants, advisors, successors, assigns or other agencies thereof. P. EFFECTIVE DATE I DURATION I MODIFICATION I TERMINATION. 1. As among the original parties, this MOU shall become effective when the duly authorized representative(s) of each party have all signed it. For parties who subsequently join, this MOU shall become effective when Appendix A has been completed and signed by the joining party's duly authorized representative and Southern California LInX MOU 9 04/15/2008 2010-293 countersigned by the representatives of the SoCal LInX authorized to do so under SoCal LInX Governance procedures applicable at the time of joining. 2. This MOU shall continue in force Indefinitely for so long as it continues to advance the participants' mission purposes, contingent upon approval and, availability of necessary funding. 3. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all parties. However, the parties may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, prOVided that any such resolution does not conflict with the spirit, intent, or provisions of this MOU i could not reasonably be viewed as particularly sensitive, controversial, or objectionable by one or more parties; and is sufficiently memorialized to meet the business purposes of SoCal LInX Governance (including adequately Informing current and future parties). 4. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties. A party's duly authorized representative may also terminate the party's participation in the MOU upon written notice to all other parties of not less than thirty (30) days. A party's participation may also be terminated involuntarily as may be prOVided in the applicable governance agreement. 5. Upon termination of this MOU, all property being used under its purview will be returned to the respective supplying party. Similarly, if an individual party's participation in this MOU is terminated, the party will return any property to supplying parties, and the remaining parties will return any property supplied by the withdrawing party. 6. All information contributed to the SoCal LInX by a terminating party will be deleted from SoCal LInX. 7. As to information contained in the SoCal LInX during a party's participation under this MOU, the rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of such information shall survive any termination. This applies both to a terminating party's information, and to the other parties' disclosure and use of a terminating party's information. Q. APPENDICES. A. Form for new agencies to join MOU (and copies of executed forms for each new agency which has so joined); B. Governance Provisions included as Addenda to this MOU (added at the discretion of the Board); c. Security Policy (added at the discretion of the Board). Southern California LInX MOU 10 04/15/2008 2010-293 parties have individually executed this MOU by the signatures of the duly h ized representative of each participating agency below1 and incorporated he In a part of this MOU. Date: 'LJ -] 7 -o~ Signature: Name: Title: Agency: Assistant Sheriff of Operatlonsl Acting Sheriff Orange County Sheriffs Department For NCIS: Date: 121- c) y Signature: Name: Title: Assistant Director Agency: Naval Criminal Investigative Service Southern California unX MOU 11 4/l 712008 2010-293 ( IN WITNESS WHEREOF, the parties have individually executed this MOU by the signatures of the duly authorized representative of each participating agency below, and incorporated herein as part of this MOU. Slgnatu",~ ~~ C~ Date: /I +:ko" Name: <- ~#1~l e~ A..." I~ Title: ~--tt-E,z,~- CtbRIJJ..v-~.i\ _~ Agency: K,'ve;U',,~c!! UVA..JT7' S~~:P .t!)P/rr..C"''f'; For NCIS: Date: 'f/. 2"/-,j ~ Signature: Name: Title: Agency: Naval Criminal Investigative Service Southern California LInX MOD II 04/1512008 2010-293 ( IN WITNESS WHEREOF, the parties have individually executed this MOU by the signatures of the duly authorized representative of each participating agency below, and incorporated herein as part 0 this MOU. Signature: Date: 0/-/5"-0 ~ Name: 6711~Y ~ PdPRoO. Title: S ~r; ..(!f Ag~ncy: ~ AiV 13t?:R/lJlfP7J//uf!) t fu./ fr D-e.? t. For NCIS: Date: 7' ZLj.;.d;Y' Signature: Name: Mic Title: Agency: Naval Criminal Investigative Service Southern California LInX MOU 11 04/15/2008 2010-293 ( IN WITNESS WHEREOF, the parties have Individually executed this MOU by the signatures of the duly authorized representative of each participating agency below, and incorporated /rel~:S pa';lfthis ~OU. Signature: ~c ~ ~ Date: "/J.:a; '!' Name: 6oL!3 64c:o,IGS Title: Shl€;2'/~F Agency: ~r.tltIUJ COtJA/7Y S.Mr/Z/..c~...s t1"c=rle6 Signature: Name: Title: Agency: Naval Criminal Investigative Service Date: ojI2~cJ~ For NCIS: Southern California LInX MOD 11 04/1512008 2010-293 APPENDIX A - Southern California (SoCal) LlnX Memorandum of Understanding PURPOSE: This document effects the joining by the: SAN BERNARDINO POLICE DEPARTMENT (Joining Party) in the Memorandum of Understanding among the Naval Criminal Investigative Service and participating Federal, State, County and Municipal agencies for an information sharing initiative known as the Southern California Law Enforcement Information Exchange (SoCal LInX). AUTHORITY: Authority for the Joining Party to enter into this MOU includes: The approval of the San Bernardino City Council by resolution on Tuesday, September 7, 2010. AGREEMENT: The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOU, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice). In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT: The Joining Party's POC is: Name and Title: Michael Ecklev, Public Safety Systems Manager Office Phone: 909-384-5947 Cell: 951-712-6242 Fax: 909-388-4913 Address: 710 North D Street, San Bernardino, CA. 92401 EmailjOther: mike.eckley@sbcity.orq -[ COSTS: Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOU. 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 representative(s) of the SoCal LInX authorized to do so under SoCal LInX Governance procedures applicable at the time of joining. Thereafter, duration and termination of the Joining Party's participation in the MOU shall be as provided in the MOU. Southern California LInX MOD 1 8/31/2010 2010-293 APPENDIX A - Southern California (SoCal) LInX Memorandum of Understanding FOR THE JOINING PARTY: Signature: Date: Name: Charles McNeelv Title and Agency: City Manager APPROVED AS TO FORM: James F. Penman, City Attorney Signature: FOR THE SoCal LInX: Chairperson: Name: Title and Agency: Co-Chairperson: Signature: Date: Name: Title and Agency: Southern California LInX MOD 2 8/31/2010