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1980-0301_ORANGE, COUNTY OF & SIGNATORY CITIES_Contract1 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 CONTRACT ENTITLEMENT JURISDICTION COUNTY OF ORANGE AND SIGNATORY CITIES NOW BE IT KNOWN that the 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, Villa 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 pustfce Sys;temtImprOvement Act of. 1979;`Public Law 96-157. 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 immediate and comprehensive action by the Federal Government to 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 justice 2811 //// I 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 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 community -baked 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 and 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 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 1 2 3 4 5 6 7, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 government to be used to strengthen their criminal justice and juvenile justice systems. 2. Develop and fund new methods and programs to enhance the effectiveness of criminal justice agencies. 3. Support the development of city, county, and statewide priorities and programs to meet the problems confronting the justice system. 4. Reduce court congestion and trial 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 of 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. 3 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 n 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 not be utilized to reduce the amount of State and local financial support for criminal justice activities 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 any 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 government 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 Law 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 Justicec5ys.tem;, 11 //// 4 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 1mprovemdAt'A6`t of'•1979`on,behalf<o'f=the)CountyCan6the"J 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 '.e; Justice!Syst&.:Improvement: Act" of 1979"h6ed-not­be approved;b, '�)Y the -County and the signatory agencies unless the ,membership is substantively 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 2. No more than six non -elected representatives of the Criminal Justice System: a. The County Probation Officer b. Two Chiefs of Police c. Three representatives from.the following County Departments: 1) Public Defender 2) Marshal 3) General Services Agency 4) County Administrative Office 5) Human Services Agency 3. Two City Managers //// 5 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 4. Six public members who shall be representatives of citizens, professional and community organizations. B. Members shall be chosen for the Council as followst 1. Five members shall be chosen by the Board of Supervisors to include: a. Two members of the Board of Supervisors b. .Three members from County Departments 2. Nine City Councilmen to include at least one elected representative from each of the five supervisorial districts shall be nominated by the cities and appointed by the Orange County Division of the League of California Cities. Such terms shall not exceed that Councilman's term of office in his respective city. 3. The two City Managers 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. 4. 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. 5. The Municipal Court Judge shall be chosen by the Municipal Court Judges of Orange County. 6. The Superior Court Judge shall be chosen.by the Presiding Judge of the Superior Court. 7. 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 2 l 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 1982. Members 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 otherwise 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(10) days prior to the next regularly scheduled meeting. C. 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.ree absences in a row, unexcused by the Chairperson of the body involved from scheduled meetings of the Council or of the Committee(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. D. Officers and their duties 1. The Council shall have as elected officers a Chairperson and a //// 7 i 1 Vice -Chairperson. 2 a. The Chairperson shall head the Council. 3 b. The Vice -Chairperson shall perform the duties of the Chairperson 4 in his absence and perform any duties that the Chairperson may 5 require. 6 c. -The Secretary shall be appointed by the Chairperson to keep 7 all records, prepare the agenda for each meeting, and sign 8 official documents when directed by the Council to do so, and 9 shall serve at the pleasure of the Council. The Executive 10 Officer may act as Secretary. 11 2. Election of officers to the Council shall be held annually during 12 the regular June meeting. 13 a. The Chairperson shall appoint a three-member nominating committee 14 at the regular April meeting which shall submit nominees for the 15 Council members and officers in writing for mailing to Council 16 members at the June meeting. 17 b. The officers shall be elected by a majority of the votes of those 18 Council members present. 19 c. All officers shall be elected for a term of one year and shall serve 20 until their successors are elected. They shall begin their terms 21 of office at the close of the annual June meeting. 22 d. Any vacated office of Chairperson or Vice -Chairperson shall be 23 filled at the next regular Council meeting by nominations from the 24 floor and a majority of the votes of those Council members present. 25 e. In the event of the absence of both officers, the quorum of members 26 present shall elect a Chairperson pro tempore to preside over the 27 meeting. The Secretary, with a quorum present, shall call the 28 //// 8 l meeting to 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. E. Meetings 1. 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 Council. 4. Special meetings of the Executive Committee may be called by the Chairperson with twenty-four hours notice prior to the meeting. 5. A majority of the members of the Executive Committee constitute a quorum at any regular or special meeting of the Executive Committee. 6. No action taken shall be official without a majority vote of the members 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 activities required by the Justice System Improvement 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-yes 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: a. Analysis of crime and system problems. b. Performance goals and priorities. c. Program descriptions. 11 //// 1. .10 d. Procedures for fund accounting, auditing, monitoring, and evaluation. e. Procedures for data collection and preparation of reports. f. Various required assurances and certifications. 6. Assist program personnel in the development and implementation of programs. -7. Perform monitoring and evaluation of programs: Collect and analyze 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. 10. Review grant applications and amendments and prepare advisory reports. 11. Perform analysis and implement procedures to ensure adequate allocation of funds to courts, corrections, etc. 12. Set up procedures to ensure compliance with Federal requirements for participation of citizens, and neighborhood and community organizations. 13. Prepare grant applications for Part -E and Part F funds, as required by participants within the eligible jurisdiction. 14. Prepare appeals, and follow up as required. 15. Coordinate local criminal and juvenile justice activities, in accordance with the needs of participants within the eligible jurisdiction. 16. Perform liaison with Federal, State, and local officials, including, but not limited to dissemination of information, interpretation of guidelines and directives, resolution of problems relating to the Program, and development of cooperative efforts. 17. Advise chief executives of participants within the eligible jurisdiction //// 11 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 on all matters relating to the operation of the Law Enforcement Assistance Administration Program within the jurisdiction. 18. 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 responsibilities under the Act. B. The primary function of the Council shall be to assist local government participants within the eligible jurisdiction to 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 combinations 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: 1. 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 12 1. of systems for collecting, storing, and disseminating information relating to the control of organized crime. 5. Combating arson. 6. Developing investigations and prosecutions of white collar crime, organized crime, public corruption related offenses, and fraud against the government. 7. Reducing the time between arrest or indictment and disposition of„trial. 8. Implementing court reforms. 9. Increasing the use and development of alternatives to the prosecution of selected offenders. 10. Increasing the development and use of alternatives to pretrial detention that assure return to court and a minimization of the risk of danger. 11. Increasing the rate at which prosecutors obtain convictions against habitual, nonstatus offenders. 12. 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. 13. Providing competent defense counsel for indigent and eligible low-income persons accused of criminal offenses. 14. Developing projects to identify and meet the needs of drug dependent offenders. 15. Increasing the availability and use of alternatives to maximum -security confinement of convicted offenders who pose no threat to public safety. //// 13 16. Reducing the rates of violence among inmates in places of detention and confinement. 17. Improving conditions of detention and confinement in adult and juvenile correctional institutions, as measured by the number of such institutions administering programs meeting accepted„standards. ., 18. 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 juvenile justice system to improve the overall operation of the system, establishing criminal justice information systems, and supporting and training of criminal and juvenile justice 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 //// 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 C 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. V. COUNCIL STAFF �,..• 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. The 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 regulations. The Executive Officer may be removed for a good cause,by a '.majority vote of 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 and 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. The staff of the Criminal 15 c Justice Council shall collect and analyze the following data as required by the Act: 1. an analysis of the crime problems and criminal justice needs within the County Area and a description of the services including a specific statement of how the programs or projects are expected to advance -,• �.,s the objectives of the Justice System Improvement Act; 2. an indication of .how the programs relate to other similar State or local programs directed at the same or similar problems; 3. an assurance that following the first fiscal year covered by an application and each fiscal year thereafter, the Criminal Justice Council' 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 will not be used to supplant local funds, but will be used . to increase the amounts of such funds that would, in the absence 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 //// 16 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c and for the submission of such reports in such form, at such times, and containing such data and information as the Law Enforcement Assistance Administration may reasonably require to administer other provisions of:.the Act; 8. a certification that its programs meet all the requirements of the Act, that all the•information contained in the application is correct,that there has been appropriate coordination with affected agencies,and that the applicant will comply with all provisions of this act and all other applicable Federal 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 comment on priorities set forth in the application or amendments; 10. provide for full and adequate participation of units of local government in the performance of the analysis and the establishment of priorities required; 11. 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 application or amendments. B. 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. C. Once a project has begun, staff will audit and monitor each project every //// 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19i 20 21 22 23 24 25 26 27 28 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 twelve(12),month period aicopy of -the =audit and monitoring report shall be distributed to Criminal Justice Council members. D. Any problem in a project indicated by an audit or monitoring visit will be worked on by staff and the grantee, until• the problem is 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. VII. 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 Council. 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 //// 18 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 ,award for good cause provided that the grant recipient shall be properly noticed and a full hearing sched&led. 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 Criminal Justice Council shall present to each contracting party an accounting and report by January 1st of each year of all 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 the County'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 1 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 //// 19 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 l l 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 which 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 of 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. AMENDMENTS 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 //// 20 1 all the parties hereto. 2 D. TERMINATION 3 The intent of Congress through the three year application require - 4 ment is to have entitlement jurisdictions created and operable for 5 the full three year cycle. However, local governments may wish to 6 withdraw before the termination of the three year application.. There - 7 fore, this Contract may be terminated at the end of any Federal 8 fiscal year or at the end of the three year application cycle as 9 determined by Law Enforcement Assistance Administration. 10 E. WITHDRAWAL 11 Any party may, upon six(6) months written notice to all parties, 12 withdraw from the Council, by resolution of its governing body. 13 Such withdrawal shall be effective at the end of the current Federal 14 fiscal year; provided however, that at the end of the current 15 Federal fiscal year said party has either discharged, or has 16 arranged to the satisfaction of the remaining parties for the 17 discharge of any pending obligations it has assumed hereunder. 18 A party to this Contract will incur no liability for any obligation 19 created after the effective date of said party's withdrawal. 20 Withdrawals from membership in the Council by individual cities 21 shall not operate to terminate the Contract unless the remaining 22 membership is less than those signatories representing at least 23 100,000 population as set forth in Section 402, a, 4 of P.L. 96-157.- 24 F. CONFLICT OF INTEREST 25 No Criminal Justice Council member receiving direct financial 26 compensation from a Law Enforcement Assistance Administration 27 funded project shall participate in any matter relating to the 28 21 l 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.., 22 `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 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 of: the Board of Supervisors and, together with the entire document shall constitute the original of this Contract. APPOVED AS TO FORPA cRari� cCuiCrY, CAI;icc ^ NIA ,��. ...._y, ... BY "....ASS?ST,�NT / DWJTY 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25I 26 27 28 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 RALPH B. CLARK CHAIRMAN BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA DATED: FEB „1 3 1980, DATED:4_-'-' CITY OF SAN JUAN CAPISTRANO KENNETH E. FRIESS, MAYOR SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. ATTEST JU6E ALEXANDER Clerk of the Board of Supervisors of Orange County, California, APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL ORANGE E COUNTY, CALIFORNIA 1 11,1 by Assistant/Deputy Dated: 00— //—yo ATTEST March 19, 1980 APPROVED AS TO FORM ITY ATTORNEY