HomeMy WebLinkAboutCC 9 LEAA JUSTICE CONT 5-5-80DATE:
April 29, 1980
CONSENT C~r.W. NDAR
No. 9
5-5-80
Inter-Corn
TO: Honorable Mayor and City Council
FROH: Dan Blankenship, City Administrator
SUBJ[CT: APPROVAL OF LEAA CRIMINAL JUSTICE COUNCIL CONTRACT
The Federal Government has enacted a new Law Enforcement Assistance
Act (LEAA) which has reorganized the structure to require that county
agencies must band together through a contract such as is attached
in order to maintain their eligibility for grant funds.. The Police
Chief does not presently anticipate any grants for Tustin, but does
recommend we participate in the organization for the greater benefit
of county law enforcement agencies (includes cities) and to keep our
options open. The contract has been reviewed and approved by the
City Attorney.
RECOMMENDED ACTION:
Authorize Mayor and City Clerk to execute the attached
Criminal Justice Council contract.
Respectfully submitted,
· Dan Blankenship
City Administrator
DB/kb
Attachment
DATE:
-- TO:
FROM:
SUBJECT:
April 2Z, 1~80
Inter-Corn
DAN BLANKENSHIP, CITY ADMINISTRATOR
,]AMES G. F~OURKE, CITY ATTORNEY
ORANGE COUNTY CRIMINAL 3USTICE COUNCIL
Enclosed is agreement with Criminal 3ustice Council which we have
reviewed and approved,
.1GR:se:D:4/22/80
Enclosure
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CONTRACT
E~TITLEMENT JURISDICTION
COUNTY OF ORANGE AND SIGNATORY CITIES
NOW BE IT ~40WN that tile County of Orange and the cities of Anaheim, Brea, Buena
Park, Costa.Mesa~ Cypress,..Fountain Valley, Fullerton, Garden Grove, Huntington BeaCh, .'
Irvine~ Laguna Beach, La Habra~. La Palma, Los Alamitos, Newport Beach, Orange,
Placentia, San'Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin,
Villi Park,'Westminster'and Yorba Linda all situated within the County of Orange,
all acting through their respective legislative bodies and elected executive officials,
do enter into this contract for the purpose of constituting an Eligible Jurisdiction
under the ~st~ce-.Sys~em~Impro~eme~% Act~of ~g/9;~P~b~ic Law196-~57.~'
I. DECLARATION AND'PURPOSE OF CONGRESS
The Congress found and declared that the high incidence of crime
in the United'States is detrimental to the general welfare of the Nation and its
citizens; and that criminal justice efforts must be better coordinated, intensified,
and made more effective and equitable at all levels of government.
Congress found that: -
1. Juvenile delinquency constitutes a growing threat to the
national welfare requiring i~mediate and comprehensive action
by the Federal Government t~ reduce and prevent delinquency
by developing and implementing effective programs to improve
the quality of juvenile justice in the United States.
2. The victims of crime should be made a more integral part of
the Criminal justice system.
3. There is an urgent need to encourage basic and applied research,
to gather and disseminate accurate and comprehensive ~ustice
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statistics, and to evaluate methods of preventing and reducing
crime.
4. Crime is essentially a State and local and community problem
that must be dealt with by State and local governments.
5. The financial and technical resources of the Federal Government
:~..;~,.~,:~.~,~,-~'should be made available to support such State and local and +~ ~"~ '~m'~'
community-ba~ed efforts.
6. The financial and technical resources of the Federal Government '/:
should be utilized by applying such resources to State and local
efforts to address selected problems of fundamental importance
to the criminal justice system.
7. The role of the private security industry in the prevention
a~d control of criminal activities is important and encourages
improved cooperation and coordination between public law
enforcement agencies and the private security industry.
8. The future welfare of the Nation and the well-being of its
· .C~.....citizens depend.on the establishment and.maintenance of viable
and effective justice systems which require.:
a. systematic and' sustained action by Federal, State and
local governments;
b. greater continuity in-the scope and level of Federal assistance;
and
c. continuing efforts at all levels of government to streamline
programs and upgrade the functioning of agencies responsible
for planning, implementing and evaluating efforts.to improve
justice systems.
The declared policy of the Congress is to aid State and local
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governments in strengthening and improving their systems of criminal and juvenile
justice by providing financial and technical assistance with maximum certainty and
minimum delay and to:
1.Authorize funds for the benefit of States and units of general
local gJvernment to be used to strengthen their criminal Justice
and juvenile justice systems. .
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2. Develop and fund new methods and programs to enhance the effectiveness
, ' of criminal justice agencies. , .
3,. Suppo'rt the development of city, county, and statewide priorities
and programs to meet the prOblems confronting the justice system,
4. Reduce court congestion and tri~l delay.
5. Support community anticrime efforts.
6. Improve and modernize the correctional system.
7. Support victim-witness assistance efforts.
8. Encourage the undertaking of innovative projects of recognized
importance and effectiveness.
9. Encourage the development of basic and applied research directed
toward the improvement of civil, criminal, and juVenile justice
systems and new methods for the prevention and reduction of crime
and the detection, apprehension, and rehabilitation of criminals
and delinquents. ..~
10. Encourage the collection and analysis o4 statistical information
concerning crime, juvenile delinquency, civil disputes, and the
operation of justice systems.
11. Support manpower development and training efforts.
12. Provide for a financial assistance program to the families of
public safety officers killed in the line of duty.
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13. Support total resource oriented approaches to the problems
of courts and the criminal and~juvenile justice system.
14. Encourage programs to educate the public in the areas of
civil, criminal, and juvenile law and justice system operation.
The policy of the Congress is that the Federal assistance made'
available shall ~ot be utilized to reduce the amount of State and local t~inancial-:-~.~.~--
support for criminal justice a.~tivities below the level of such support prior to
the availability of such assistance.
II. ELIGIBLE JURISDICTION
A. The Law Enforcement Assistance Administration may provide financial
assistance to an eligible jurisdiction to enable it to carry out all
or a substantial part of a program or project. An eligible jurisdiction
shall be a~y combination Of units of local government which has a
population of one hundred thousand or more persons on the basis of the
most satisfactory' current data available on a nationwide basis to the
Law Enforcement Assistance Administration. A combination as applied to
units of local gove.rnment means any grouping or joining together of such ,~..
States or units for the purpose of preparing, developing, or'implementing
a criminal or juvenile justice program or project.
B. The County of Orange and the cities signatory to this contract do declare
themselves to be an eligible jurisdiction within the meaning of
section 402, a, 4 of Public La~.J 96-157 and join together for the purpose
of preparing, developing, or implementing criminal and juvenile justice
plans, applications, programs, projects, and such other functions as
defined in Section IV of this contract.
C. The County of Orange and the signatory cities do designate the Criminal
Justice Council to carry out the provisions of the Oustt'ce~cSys~tenl',
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~p~o~emB~tXAEt: of~tl979~"o~'~6~hA'lfi:o¥~EAe.~o~hty£~ndt~hend the
signatory cities, Membership. categories, and appointing authorities
of the Criminal Justice Council shall continue as constituted on
the effective date of this contract. Changes required by the~'"'.-~,
-Ou~t~ce-~Sy~t~m:Improvem~n~::Act~.of ~979J~ed~ndt'~b~ ~pprove~'~b~ by
.~he'County and,the signatory,agencies Unless.themembership
substantiv61Y altered.
III. CRIMINAL JUSTICE COUNCIL
'A. Total membership shall not exceed twenty-nine members and shall consist of:
1. Fifteen Orange County locally elected officials:
a. Two members of the County Board of Supervisors
b. Nine City Councilmen
c~ One Superior Court Judge
d. One. Municipal Court Judge:
e. One District Attorney
f. One Sheriff
~ · .. a 2? No more than six non-elected representatives of the Criminal Justice
System:
The County Probation Officer
Two Chiefs of Police
Three representatives from.~he following County Departments:
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Public Defender
Marshal
General Services Agency
County Administrative Office
Human Services Agency
3. Two City Managers
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' 4. Six public members who shall be representatives of citizens,
2 professional and community organizations.
- 2 B. Members shall be chosen for the Council as follows:
4 1. Five members shall be chosen by the Board of Supervisors to include:
5 a. Two members of the Board of Supervisors
2. Nine City Councilmen to include at least one elected representative
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¸4.
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from each of the five supervisorial.districts shall be nominate~
by the cities and Qppointed by t~e,Orange County Division of the
League of California Cities. Such terms shall not exceed that
Councilman's term of office in his respective city,
The two City Nanagers shall be nominated by the City Managers'
'Association and appointed by the Orange County Division of the
League of California Cities. Neither shall represent the same city
as the two ~Chiefs of Police appointed.
The Chiefs of Police shall be nominated by the Chiefs' of Police
and Sheriff's Association and appointed by the.Orange County Division._
of the'League of California Cities. The Chiefs of Police appointed
shall not represent the same city as the two City Managers appointed.
The Municipal Court Judge shall be chosen by the Municipal Court
Judges of Orange County.
The Superior Court Judge shall be chosen by the Presiding Judge of
the Superior Court.
Public members shall be appointed by the Council and shall be
selected from representatives of neighborhood and community
based organizations.
a. Public members shall be appointed by the Council at the June
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meeting prior to the election of Council Officers.
b. The public members chosen shall have terms so that two shall
expire at the June meeting in 1980, two shall expire at the
June meeting in 1981, and two shall expire at the June meeting
in 1'982. ~4embers shall be appointed to a term of three years
..... to which they may succeed themselves, ...: ....... ..:?..~.:~:~.. ....... .,.....~ ~. ..... ,..
8. All Representatives to the Council not designated by office or term
shall serve for a term of three years unless othen.~ise provided ....
9. Notice of amendments to the Council's membership provisions except
as set forth in II C shall be sent to the signatories of this contract
thirty(30) days prior to adoption by the Council. Should ten percent
(10%) of those receiving notice protest, a majority of the parties
will-have to approve the proposed amendments. Protests shall be
in writing and shall be filed with the Secretary of the Council
ten(lO) days prior to the next regularly scheduled meeting.
Vacancies
1. In the event a vacancy (removal from the area served, death, removal
from classification, appointment, resignation, etc.) on the Council
occurs, the Council shall request the appointment of a replacement
by the appropriate appointing body.
2. The Council shall consider th.~ee absences in a row, unexcused by the
Chairperson of the body involved from scheduled meetings of the Council
or of the Co,~dttee(s) to which a member is appointed, to be a tender
of resignation from the Council which will be accepted or rejected
by the Council at the next regular meeting.
Officers and their duties
1. The Council shall have as elected officers a Chairperson and a
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Vice-Chairperson.
a. The Chairperson shall head the Council.
b. The Vice-Chairperson shall perform the. duties of the Chairperson
in his absence and perform any duties that the Chairperson may
require.
The Secretary shall .be appointed by. the Chairperson to keep
all records, ~repare the agenda for each meeting, and sign
official documents when directed by' the Council to do so, and
shall serve at the pleasure of the Council. The Executive
Officer may act as Secretary.
Election of'officers to the Council shall be held annually during
the regular June meeting.
a. The Chairperson shall appoint a three-member nominating committee
at the.regular April meeting which shall submit nominees for the
Council members and officers in writing for mailing to Council
members at the June meeting.
b~ The officers shall be elected by a majority of the votes of those
Council members present.
c. All officers shall be elected for a term of one year and shall serve
until their successors are elected, They shall begin their terms
of office at the close of the annual June meeting.
d. Any vacated office of Chairperson or Vice-Chairperson shall be
filled at the neXt regular Council meeting by nominations from the
floor and a majority of the votes of those Council members present.
e. In the event of the absence of both officers, the quorum of members
present shall elect a Chairperson pro tempore to preside over the
meeting. The Secretary, with a quorum present, shall call the
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meeting {o order and preside during'such election of a Chairperson
pro tempore; he shall immediately relinquish the chair upon
completion of the election.
f. The Chairperson shall, at the direction of the Council, sign
the' three year application and each annual update for submission
to California Council on Criminal Justice..
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E. Meetings
l. A majority of the Council shall constitute a quorum.
2. The Council shall hold regularly scheduled meetings at a time
designated by the Council. Special meetings may be called by the
Chairperson on proper notice.
3.The Secretary shall give written notice of special meetings
.stating the time, location, and the agenda of business. Special
meetings shall not be called with less than twenty-four hours
notice.
F. Executive Committee
1. The Executive Committee shall consist'of the Chairperson, Vice- .
Chairperson and five other members of the Criminal Justice Council.
The five members shall be appointed by the Chairperson.
2.The Executive Committee will be reconstituted on July 1st of
each year.
3.The purpose and duties of the Executive Committee are:
a. Review and evaluate program proposals, committee reports and
priorities, and make recommendations to the Council.
b. Prepare budget, recommendations for consideration by the Counci
4. Special meetings of the Executive Committee may be called by the
Chairperson with twenty-four hours notice prior to the meeting.
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present of a duly constituted quorum of the Executive Committee.
IV. DUTIES AND RESPONSIBILITIES OF THE COUNCIL
..,A ..... The. Council shall serve as the criminal and juvenile justice planning
and advisory board for all participants within the eligible jurisdiction,
and shall be responsible for the performance of all duties and activitie~
..required by the Justice System Improvem9nt Act of 1979 in accordance with
guidelines and directives issued by the Law Enforcement Assistance Adminis-
tration, and, where applicable, by the State Council. These duties and
activities include, but are not limited to:
1. Analyze'criminal and juvenile justice problems within the eligible
jurisdiction.
2. Identify criminal and juvenile justice needs.
3. Develop recommended priorities, based on the analysis and on input
from affected criminal and juvenile justice agencies, for review by
chief executives of participants within the eligible jurisdiction.
4. Develop a three-year application setting forth criminal and juvenile
justice programs (1) designed to address approved priority needs, and
(2) designed to meet the objecti.~es of the Part D Program (Summarized
in Section IV B, below).
5. Prepare grant applications which comply with all State and Federal
requirements. Grant applications shall include, among other items:
III!
A:majority of the members of the Executive Committee constitute a quorum
at any regular or special meeting of the Executive Committee.
No action taken shall be official without a majority vote of the members
a. Analysis of crime and system problems.
b. Performance goals and priorities.
c. Program descriptions.
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Procedures for fund accounting, auditing, monitoring, and evaluatio~
Procedures for data collection and preparation of reports.
Various required assurances and certifications.
6. Assist program personnel in the development and implementation of
programs.
m~ ~'~'~ ...... :'7.':Perform~onitoring and evaluation of programs:'- Cbllect and analyze
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required program, data. Assist program personnel in the solution of
operational problems. ' '
8. Prepare performance.reports on program activities, and impact of
program activities on Part D and program objectives.
9. Maintain fiscal control, proper management, and efficient disbursement
of grant funds. '
lO. Review grant applications and amendments and prepare advisory reports.
ll. Perform analysis and implement procedures to ensure adequate allocation
of funds to courts, corrections, etc.
Set up procedures to ensure compliance with Federal requirements for
participation of citiZens, and neighborhood and community organizations
Prepare grant applications for Part. E and Part F funds, as required by
participants vlithin the eligible jurisdiction.
14. Prepare appeals, and follow up as required.
15. Coordinate local criminal and"~.~uvenile justice activities, in accordano
with the needs of participants within the. eligible jurisdiction.
16. Perform liaison with Federal, State, and local officials, includ)ng,
but not limited to dissemination of information, interpretation of
guidelines and directives, resolution of problems relating to 'the
Program, and development of cooperative efforts'
Advise chief executives of participants within the eligible jurisdictim
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on all matters relating to the operation of the Law Enforcement Assistanc~
&dministration Program within the jurisdiction.
Perform other activities as requested or required by the chief executives
of participants within the eligible jurisdiction; provided, however,
that such activities do not conflict with the Council's duties and
The primary function of the Council shall be to assist local government
participants within the eligible jurisdiction ~o prepare, develop, and
implement programs which meet the objectives of the Part D Program, as
specified in Section 401{a) of the Act.
Section 401(a) authorizes grants of Part D funds to units of local government
or combinatiens thereof, to carry out specific programs which are of proven
effectiveness, have a record of proven success, or which offer a high
probability of improving the functioning of the criminal and juvenile justice
system. Such programs include, and are limited to those which have as their
purpose:
Establishing or expanding community and neighborhood programs that enable
citizens to undertake initiatives to deal with crime and delinquency.
2. Improving and strengthening law enforcement agencies, as measured by
arrest rates, incidence rates, victimization rates, the number of reported
crimes, clearance rates, the number of patrol or investigative hours per
uniformed officer, or any other appropriate.objective measure.
3. Improving the police utilization of community resources through support
of joint police-community projects designed to prevent or control
neighborhood crime. '
4. Disrupting illicit commerce in stolen goods and property and training
of special investigative and prosecuting personnel, and the development
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7.
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of systems for collecting, storing, and disseminating information relating to
the control of organized crime.
Combating arson.
Developing investigations and prosecutions of white collar crime, organized
crime, public corruption related offenses, and fraud against the government.
Reducing the time between arrest or indictment and dispos.ition of trial
Implementing court reforms,
Increasing the use and development of alternatives to the ~rosecution of
selected offenders.
Increasing the development and use of alternatives to pretrial detention
that assure return to court and a minimization of the
risk of danger.
Increasing the rate at which prosecutors obtain convictions against
habitual, nonstatus offenders.
Developing and implementing programs which provide assistance to victims,
witnesses, and jurors, including .restitution by the offender, programs
encouraging victim and witness participation in the criminal justice
system, and programs designed to prevent retribution against or
intimidation of witnesses by persons charged with or convicted of
crimes.
Providing competent defense counsel fo? indigent and eligible low-income
persons accused of criminal offenses.
Developing projects to identify and meet the needs of drug dependent
offenders.
Increasing the availability and use of alternatives to maximum-security
confinement of convicted offenders who pose no threat to public
safety.
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17.
III!
16. Reducing the rates of violence among inmates in places of
detention and confinement.
Improving conditions of detention and confinement in aUult
and juvenile correctional institutions, as measured by the
numbe~ of such institutions administering programs meeting
accepted standards ......
Training criminal justice personnel in programs meeting standards
recognized by the Director of the Office of Justice Assistance,
Research, and Statistics.
19. Revision and recodification by States and units of local
government of criminal statutes, rules, and procedures and
revision of statutes, rules and regulations governing State
and local criminal and juvenile justice agencies.
20. Coordinating the various components of the criminal and
juvenilejustice system to improve the overall operation of
the system, establishing criminal justice information systems,
and sgpp~rting and training of criminal and juvenile justice
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personnel.
21. Developing statistical and evaluative systems in States and
units of local government which assist the measurement of
indicators in each of the .~reas described in paragraphs (1)
through (20).
22. Encouraging the development of pilot and demonstration projects
for prison industry programs at the State level with particular
emphasis on involving private sector enterprise either as a
direct participant in such programs, or as purchasers of goods
produced through such programs, and aimed at making inmates
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self-sufficient, to the extent practicable, in a realistic working
environment.
23. Any other program which is of proven effectiveness, has a record
of proven success, or which offers a high probability of improving
the functioning of the criminal and juvenile justice system.
A~ Staff to the Council will be employees of the County of Orange for the
purpose of recruitment, classification, merit system, salaries and '.
benefits, and retirement. Staff will be subject to the County's rules
and-regulations contained within the Salary and Personnel Resolutions
and will be subject to the conditions of the Memorandum of Understanding
between the County of Orange and employee's organizations. Staff super-
vision and'direction shall rest with the Criminal Justice Council.
B. Tile Executive Officer shall be appointed by the Council subject to the
approval of the Board of Supervisors and in accordance with adopted
County merit system regulation~. The Executive Officer may be removed
for a good cause by a !.majority~ vo~e ~f all members of the Council only
after a specific list of charges has been drawn up and to which responses
have been made.
C. The Executive Officer may appoint additional staff consistent with County
personnel practices and procedures ~nd within adopted-budget limitations.
D. The Executive Officer is designated as property custodian of the Council.
Every officer or employee authorized to receive, account for, or expend
any funds shall file a bond in the sum of $10,000.00. This requirement
may be met by one or more blanket bonds.
VI. STAFF PROGRAM FUNCTIONS
A. Data Collection, Analysis and Certification.
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The staff of the Criminal
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0ustice Council shall collect and analyze the following data as required
by the Act:
l. an analysis of the crime problems and criminal justice needs within
the County A~ea and a description of the services including a specific
statement of how the programs or projects are expected to advance
2. an indication o~..how the programs relate to other similar State or
local programs directed at the same or similar problems;
3. an assurance that f~llowin9 the f~rst fiscal year covered by an
application and each fiscal year thereafter, the Criminal Justice Counci
shall submit to the Law Enforcement Assistance Administration
"(i) a performance report concerning the project activities carried out;
"(ii)'an assessment by the criminal Justice Council of the impact of
those activities on the objectives identified in the Criminal
Justice Council's statement;
4. a certification that Federal funds made available under this Act
.~..~ ..~.. wil.1 not be used to supplant local .funds, but will be used
to increase the amounts of such funds that would, in theabsence
of Federal funds, be made available for criminal justice activities;
5, an assurance that there is an adequate share of funds for courts,
prosecution, and defense programs;
6. a provision for fund accounting, auditing, monitoring, and such
evaluation procedures as may be necessary to keep such records
as the Law Enforcement Assistance Administration shall prescribe
to assure fiscal control, proper management, and efficient disburse-
ment of funds received under this title;
7. a provision for the maintenance of such data and information
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and for the submission of such reports in such form, at such
times, and containing such data and information as the La~i Enforcement
Assistance Administration may reasonably require to administer
other provisions :Of~.the Act;
a certification that its programs meet all the requirements of
.t~he Act, that all the information contained in the a~plication
is correct, that there has been appropriate coordination with
affected agenc.ies,and that the applicant will comply with all
provisions of this act and all other applicable ~ederal laws.
Such certification shall be executed by the Chairperson or other
officers of the applicant qualified under regulations promulgated
by the Law Enforcement Assistance Administration;
9. provide citizens and neighborhood community organizations an
opportunity to consider and comm~:nt on priorities set forth in
the application or amendments;
10. provide for full and adequate participation of units of local
:,.:. government in t, he performance of the analysis and the establishment
of priorities required;
ll. provide an opportunity for all affected criminal and juvenile
justice agencies to consider and comment on the proposed programs
to be set forth in the applica~,ion Or amendments..
Staff shall have the responsibility of notifying .all potential grantees,
and assisting in developing the projects. Staff shall hold public
neighborhood hearings on those projects affecting those neighborhoods.
Staff shall prepare a complete application with copies sent to each
political entity within the County of Orange.
Once a project has begun, staff will audit and monitor each project every
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VII.
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6 months with a final evaluation at the end of the project. Copies of
these reports will be on file at the Criminal Justice Council offices.
At the end of each twa,lye(12), moht~ peri.od aico'py of..the.:addit.and'mo.nitoring
report shall be distributed to Criminal Justice Council members.
D. Any problem i~ a project indicated by an audit or monitoring visit will
~. be worked on by staff and the grantee, until the prob].e.m..js corrected. ,.., .,.
E. Staff will assure compliance with all Federal guidelines as promulgated
by the Law Enforcement Assistance Administration.
F' Additional Duties: Any additional duties regarding the Executive Officer
as may be set out in the By-Laws or as directed by the Criminal Justice
Council shall be carried out by the Executive Officer.
POWERS OF THE COUNCIL
1.The Council shall have no power to exercise any of the police powers
of any of the signatory agencies.
2. All federal grants shall be awarded to the Entitlement Jurisdiction, who
shall in turn make the awards to grantees approved by the Criminal
-' Justice Council. No monies shall be released without an award statement
approved by the Criminal Justice Co'uncil.
3. The Board of Supervisors shall execute contracts for programs.:between.,the
Criminal Justice Council and local agencies in the amounts and for the
purpose specified by the Criminal Justice Council. The County shall
have full authority to determine the amounts and purposes of grants
to be made to county agencies who are under the control and direction
of the Board of Supervisors. Each city shall have full authority to
determine the amounts and purposes of grants to be made to their city
agencies who are under the control and direction of the City Council.
4. The Criminal Justice Council shall have the authority to levy a surcharge
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against those agencies receiving a grant award from the Council.
Such surcharge shall be used as matching funds for planning and
administration funds. Under no condition shall the surcharge
be considered part of the grant award.
5. The Criminal Justice Council shall have the authority to terminate
...~.. .... , a'grant ~ward for good caus,e provi.ded that,the g~.nt recipient shall
be properly noticed and a full hearing scheduled.
6. The Criminal Justice Council shall have the authority to establish
· general policies for match requirements to be met by local agencies
who apply for funding. Such' policies shall be adopted by the Council
only after full notice is given to each contracting member at least
thirty days in advance of any Criminal Justice Council action.
7. The Oriminal Justice Council shall present to each contracting party
an accounting and report by January 1st of each year of ~ll funds
received and disbursed during the previous Federal fiscal year.
VIII. COUNTY OF ORANGE
A. The County shall, as an in-kind contribution, provide the services
of the Auditor-Controller, County Treasurer, County Counsel, Purchasing,
Personnel, and provide adequate facilities for Council and Staff.
B. The Criminal Justice Council and Staff shall be included as an
additional insured under.t~e Cou~}y's comprehensive, liability policy
with the same coverage and limits of liability applicable to County.
County's in-kind insurance coverage shall be subject to annual approval
by its Board of Supervisors prior to July I of each Fiscal Year.
C. County shall make vehicles available from its motor pool and shall
bill Council scheduled mileage rates as set by the County. The
Council shall reimburse the County as billed. Use of said vehicles
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will not be considered part of County's in-kind contribution.
D. The County Treasurer's Office shall be the depository of all
Council funds and said County Treasurer shall be their custodian.
E. The County Auditor-Controller shall be the Auditor-Controller of
the CoUncil.
F.' The services of the County Treasurer and Auditor-Controller shall..~,..
be part of the County's in-kind contribution, the cost of v~hich
shall not be charged to the Council. The Criminal Justice Council
shall maintain appropriate books, records, accounts,' and files
showing all receipts and disbursements of funds. The County shall
be reimbursed for all project or program audits performed by the
Auditor-Controller at rates established by the Auditor-Controller.
IX. SPECIAL CONDITIONS
A. LIABILITY
The tort liability of the Council, its members and all officers and
employees of the Council shall_ be controlled by the provisions
Division 3.6 of Title 1 of the Government Code of the State of California.
B. SEVERABILITY
Should any portion, term, condition, or'provision of this Contract be
decided by a court of competent jurisdiction to be illegal or in conflict
with any law of the State of California, or otherwise.rendered
unenforceable or ineffectual, the validity of the remaining portions, terms,
conditions, or provisions shall not be affected thereby.
C. Al.lEND,lENTS
Except as otherwise provided herein, this Contract may be amended at
any time by the written agreement of all the parties hereto. Any such
amendment shall be effective upon the date of final execution thereof by
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all the parties hereto'.
D. TERMINATION
The intent of Congress through the three year application require-
ment is to have entitlement jurisdictions created and operable for
the f~ll three year cycle. However, local governments may wish to
· withdraw before the termination of the three year application.. There-
fore, this Contract may be terminated at the end of any Federal
fiscal year or at the end of the three year application cycle as
determined by Law Enforcement Assistance Administration.
E. WITHDRAWAL
Any party may, upon six(6) months written notice to all parties,
withdraw from the Council, by resolution of its governing body.
Such withdrawal shall be effective at the end of the current Federal
fiscal year; provided however, that at the end of the current
Federal fiscal year said party has either discharged, or has
arranged to the satisfaction of the remaining parties for the
discharge of any~pending obligations it has assumed hereunder.
A party to this Contract will incur no liability for any obligation
created after the effective dat~ of said party's withdrawal.
~ithdrawals from membership in the Council by individual cities
shall not operate to termin.ate the Contract unless the remaining
membership is less than those signatories representing at least
100,000 population as set forth in Section 402, a, 4 of P.L. 96-157.'
F. CONFLICT OF INTEREST
No Criminal Justice Council member receiving direct financial
compensation from a Law Enforcement Assistance Administration
funded project shall participate in any matter relating to the
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disposition of such project. Such member shall reveal his
financial relationship to the project prior to a Criminal
Justice Council decision with regard thereto.
G. PARLIAMENTARY AUTHORITY
Robert's Rules of Order, Newly Revised, are commended for the
' consideration of the Counci.l..,. ~..~-.tC~ .,,~-i~,,.,'~:',~F:'-~'~-'-:":""~.J','~'- mm
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Due to the number of parties to this Contract and signatories hereto, the
signature Of the Chairman of the Board of Supervisors of Orange County and the
signatures of the Mayors of each of the cities who are parties hereto, with the
attestation of the clerks of each entity, need not all be affixed to the same
document, but may be affixed to separate signatory pages. All of such signatory
pages will be filed with the Clerk o~ the Board of Supervisors and, together with
the entire document shall cqnstitute the original of this Contract.
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IN WITNESS WHEREOF, the parties have executed this Contract under the
provisions of Section 402 (a) 4 as set forth in Public Law 96-157.
COUNTY OF ORANGE
CHAIRMAN
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
DATED: ~EB 1 ~ 1980
CITY OF TUSTIN
TUSTIN
ORANGE COUNTY, CALIFORNIA
DATED:
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SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEi~ DELIVERED TO THE
CHAIRMAN OF THE BOARD.
A [TE ST
JUN~: ALEXANDER
Clerk of tile Board of Supervisors
of Orange County,. California
APPROVED AS TO FOR?;
ADRIAN KUYPER, COUNTY COUNSEL
ORA~iSE COUNTY, CALIFORNIA
Assistant/Deputy
ATTEST
APPROVED AS TO FORM
JAMES G. ROURKE, CITY ATTORNEY
CITY OF TUSTIN
by~~/~
Dated:
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