HomeMy WebLinkAboutSanta Clara County - JPA for Regional Criminal Justice Planning Board
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JOINT EXERCISE OF POWERS AGREEMENT FOR THE
CREATION OF THE REGIONAL CRIMINAL JUSTICE
PLANNING BOARD
This agreement, by and between the COUNTY OF SANTA CLARA
(County) and those city governments within the County of Santa
Clara who become signatories to this agreement, is made in the
light of the following recitals:
A. That the California Council on Criminal Justice
(Council) as the state planning agency administering the programs
under the Federal Omnibus Crime Control and Safe Streets Act
of 1968 (Crime Control Act), has recommended that regions be
formed for the purpose of assisting the Council in carrying out
the provisions and purposes of the said Act; and
B. That the Council wishes to have a regional board for
the County of Santa Clara designated as Regional Criminal Justice
Planning Board.
C. That the Council has designated th~t the Regional'
Criminal Justice Planning Board for the County of Santa Clara
shall encompass all the territory lying within the exterior
boundaries of the said County; and
D. That the parties to this agreement are desirous of
entering into a Joint Exercise of Powers Agreement for the
purpose of creating the Regional Criminal Justice Planning
Board. In the interest of time, the parties hereto intend to
make this agreement effective upon its execution by the County
and those cities representing 50% of the population of the
region, while being nevertheless desirous of having all cities
within the region become signatories to this agreement; and
E. That Title 1, Division 7, Chapter 5 of the Government
Code of the State of California authorizes such Joint Exercise
of Powers Agreements of two or more public agencies for any power
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common to them; and
F. That the parties hereto possess in common the power to
study, discuss and recommend policies for the solution of
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criminal justice problems and to design programs and develop
plans for the expenditure of funds for their solution.
NOW, THEREFORE, the County of Santa Clara and those city
governments that are signatories hereto, for and in consideration
of the mutual promises and agreements herein contained, do agree
as follows:
1. ORGANIZATION
The parties hereby create an agency or public entity to
be known as the Regional Criminal Justice Planning Board (Planning
Board) for the purpose of studying, discussing and recommend-
ing policies for the solution of criminal justice problems and
to design programs and develop plans for the expenditure of
funds for their solution. Said Planning Board shall become an
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effective governmental unit pursuant to Section 6500 et seq. of
the Government Code of the State of California, upon the execu-
tion of this agreement by the County and by those cities repre-
senting 50% of the population of the region. As provided in
the law, the Planning Board shall be a public entity separate
from the County and those cities that are parties to this agree-
ment, and it shall exist as such until such time as this agree-
ment is terminated as provided herein.
2. MEMBERSHIP OF THE GOVERNING BODY
The governing body of the Planning Board shall consist of
a minimum of 18 members that must include the following:
(a) A member of the Board of Supervisors or the
County Executive, if so designated by the
Board, or both
Cb) Sheriff
(c) District Attorney
Cd) Probation Officer
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(e) Public Defender
(f) A superior court judge or executive officer
designated by the presiding judge of the
superior court
(g) A municipal court judge or clerk designated
by the presiding judgesof the municipal courts
in the county
(h) Three mayors or councilmen, two city managers
and two chiefs of police to be selected by the
Mayor's Selection Committee, with at least one
of them to be from the largest city in the county
(i) A Model Cities Agency administrator
(j) At least three public members appointed by the
Planning Board
(k) Such other members as are selected by the Planning
Board subject to the approval of the Council.
3. POWERS OF PLANNING BOARD
The Planning Board shall have the powers in its own name
to make and enter into contracts, to employ agents and employees,
to acquire, hold and dispose of property, and to incur debts,
liabilities and obligations necessary for the accomplishment
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of the purposes of this agreement. The Planning Board shall
have the power to sue and be sued in its own name.
4. DUTIES AND RESPONSIBILITIES OF THE REGIONAL PLANNING BOARD
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The Regional Planning Board shall be required, in accord-
ance with its bylaws and the directives of Council, to:
(a) Develop, prepare and submit a comprehensive regional
criminal justice improvement plan in accordance with
regional problems, needs and goals, with the for~at,
schedule, distribution and other specifications as
the Council may require.
(b) Identify criminal justice problems and needs in the
region and encourage support and assist with pro-
grams and projects proposed by appropriate public and
private entities toward resolving such problems and
needs.
(c) Inform the Council promptly and completely on all
matters in the region affecting and/or affected by
the Council and its mission, and advise the Council
in such matters.
(d) Inform public and private entities in the region
affecting and/or affected by the Council in any
instance promptly and completely of the Council's
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missions, policies, and actions and advise
such entities in criminal justice matters.
(e) Review and advise the Council in all letters
of intent and action proposals and keep the
proponents informed of their status.
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(f) Monitor progress and/or changes in projects
on the basis of guidelines as may be developed
by the Council.
(g) Appoint, establish the salary, and assume
responsibility for the satisfactory performance
of the Regional Criminal Justice Planning
Director in cooperation with the contracting
public entity where the said Director is or
will be an employee of such entity.
(h) Review and approve the budget prepared by the
Regional Criminal Justice Planning Director and
assure that the budget is in conformity with
state and federal requirements.
Ci) Form task forces or committees to assist in
planning, analysis, policy and goal recommenda-
tions, and such other functions as the Board
deems necessary; appoint the chairman and assure
satisfactory performance of each of the committees
or task forces.
(j) Establish bylaws specifically dealing with board
membership, including composition~ method and
duration of appointment; task force or special
committee appointment structure and composition;
conduct of board business and any other matters of
concern to the Planning Board. The bylaws shall
be subject to approval of the Council. Bylaws
amendments shall be reported to the Council for
approval within 30 days of their adoption by the
Planning Board.
(k) Organize and maintain membership of the Planning
Board in accordance with Coupcil requirements.
(1) Perform other functions in accordance with state
and federal policy as they relate to criminal
justice planning.
5. BUDGET AND FINANCE
(a) Before the Planning Board may spend any funds
it shall adopt a budget showing the purpose for
which the funds will be expended, and source of
such funds. The budget shall not be considered
adopted until it has been approved by the Council.
(b) The County and each city eligible to receive
planning funds shall contribute such matching or
in kind services as may be necessary and as such
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County or City can within the capabilities of its own
financial structure, provided that any such County
or City, shall in no event be required to contribute
such matching funds or in kind service in an amount
in excess of that which it would be required to
contribute if it were a direct recipient of a
planning grant.
It is expected that the budget shall be
primarily financed by planning grant funds from the
Crime Control Act Funds. The Planning Board
shall not have the power to issue Revenue Bonds.
(c) The Director of Finance of the County shall be the
Treasurer of the Planning Board; he shall be the
depositary of the Board to have custody of all
money of said Board, from whatever source, and
as such shall have the powers, duties and res-
ponsibilities specified in Section 6505.5 of the
Government Code.
(d) The Director of Finance of the County is hereby
designated as Controller of the Planning Board,
and as such, shall have the powers, duties and
responsibilities specified in Section 6505 and
6505.5 of the Government Code. He shall draw
warrants to pay demands against the Planning
Board when the demands have been approved by the
Chairman of the Planning Board.
(e) The Planning Board shall maintain appropriate
books, records and accounts and frIes showing .
all receipts and disbursements of funds.
(f) The Chairman, Treasurer and Controller of the
Planning Board are, pursuant to Section 6505.1
of the Government Code designated as the public
officers or persons who have charge of, handle,
or have access to any property of the Planning
Board, and each such officer shall file an official
bond with the Planning Board in the amount of
$250,000.
(g) Upon termination of this agreement or termination
of the Planning Board, property and surplus moneys
of the Board shall, subject to the provisions of
any federal or state grant agreements, be returned
to the parties hereto in the same proportion in
which such parties made contributions to the Board.
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(h) The County of Santa Clara and each city eligible
to receive planning funds hereby waive all such
funds to the Planning Board providing that if any
party withdraws from the Planning Board such waiver
shall, with respect to such withdrawing party, forth-
with terminate.
6. INSURANCE
It is understood that the Planning Board assumes all res-
ponsibility for liability arising out of acts or omissions of
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its own members, officers, agents or employees. Planning
Board shall purchase and maintain a policy of insurance for
operational and automobile liability providing not less than the
following coverage and limits of liability: For bodily injury
$250,000 each person, $500,000 each occurrence. For property
damage $100,000. Planning Board may agree with the County of
Santa Clara to have said county negotiate with its insurance
carrier to include the Planning Board as an additional insured
under the County's comprehensive liability policy for the cost
of which the Planning Board shall reimburse County. In such
event the coverage and limits of liability applicable to County
shall be equally applicable to Planning Board.
7. EFFECTIVE DATE
This agreement shall be in full force and effect upon the
date of execution by County and those cities representing 50%
of the population of the region.
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8. WITHDRAWAL AND TERMINATION OF AGREE}~NT
Any party may, by resolution of its governing body, with-
draw from the agency. Upon such withdrawal this agreement
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shall terminate with respect to such withdrawing party and such
party's obligations under this agreement shall forthwith be
terminated. Withdrawals from membership in the agency by
individual cities shall not operate to terminate the agreement
as to the remaining members unless the remaining member~hip
excluding County is less than those signatories representing
50% of the population of the region. If County withdraws, this
agreement shall terminate, or if cities representing 50% of the
population of the region withdraw this agreement shall terminate.
The parties hereto understand that the Council is endeavoring to
enact legislation for the creation of Regional Criminal Justice
Planning Boards such as the Santa Clara County Regional Criminal
Justice Planning Board. Upon creation of~a pl~nning board of
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this county by the Stat0 of California, whether it be by
legislative, administrative or other act, the County or those
cities representing 50% of the population of the region may,
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in their discretion, by resolutions of their governing bodies,
terminate the Planning Board as an entity created by the pro-
visions of this agreemeJ.
9 . AMENDMENT
This agreement may be amended at any time by the written
agreement of County and those cities representing 50% of the
population of the region, provided the provisions for termina-
tion and withdrawal set frrth in Paragraph 8 shall not be
amended wi thou t the unanir:.)us consent of the parties hereto.
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DEBTS, LIABILITIES _
.JBLIGATIONS
Under no circumstances shall the debts, liabilities and
obligations of the Planning Board be debts, liabilities and
obligations of any of the parties to this ~gr.eement.
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ll~ MANNER OF EXERCISING POWERS
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The powers vested in the Planning Board under this agree-
ment shall be exercised subject to such restrictions upon the
manner of exercising such powers as ant imposed upon County In
the exercise of similar powers as provided in, and for the
purposes of Section 6509 of the Government Code.
COUNTY OF SANTA CLARA.
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By! 1.^r'\N- '
Chairman, Board
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ofvSupervlsors
NOV 2 1971
ATTEST: DONALD M. RAINS, Clerk
~. Board of SUP.?2~:S
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ATTEST: ~
Dated: November 8, 1971
CITY OF CAMPBELL
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ATTEST :2,
Date:~cL/';t- ~~J;. /77/
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CITY OF CUPERTINO
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Date: September 7, 1971 -
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TOWN OF LOS GATOS
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