1980-12
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AGREEMENT 80~12
INTER LOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, made and entered into this 25th day
of March , 1980, pursuant to the authority contained in
Section 163.01, Florida Statutes, by and between the EAST CENTRAL FLORIDA
REGIONAL PLANNING COUNCIL (ECFRPC), and the following counties which are
political subdivisions of the State of Florida: BREVARD COUNTY, INDIAN
RIVER COUNTY, LAKE COUNTY, ORANGE COUNTY, OSCEOLA COUNTY, SEMINOLE
. COUNTY and VOLUSIA COUNTY, and the following cities which are municipal
corporations in the State of Florida: SEBASTIAN, VERO BEACH, FELLSMERE,
INDIAN RIVER SHORES, FRUITLAND PARK, CLERMONT, EUSTIS, MONTVERDE, GROVE-
LAND, HOWEY-IN-THE-HILLS, LEESBURG, MASCOTTE, MINNEOLA, MT. DORA, TAVARES,
UMATILLA, LADY LAKE, APOPKA, EATONVILLE, EDGEWOOD, MAITLAND, OAKLAND,
OCOEE, ORLANDO, WINDEID1ERE, WINTER GARDEN, WINTER PARK, KISSI~~EE, ST.
CLOUD, CASSELBERRY, ALT~IDNTE SPRINGS, LONGWOOD, SANFORD, WINTER SPRINGS,
LAKE MARY, OVIEDO, ORMOND BEACH, PONCE INLET, HOLLY HILL, DELAND, DAYTONA
BEACH SHORES, DAYTONA BEACH, LAKE HELEN, ORANGE CITY, NEW SMYRNA BEACH,
SOUTH DAYTONA, PORT ORANGE, EDGEWATER, OAK HILL, CAPE CANAVERAL, COCOA
BEACH, INDIALANTIC, INDIAN HARBOUR BEACH, ROCKLEDGE, TITUSVILLE, COCOA,
SATELLITE BEACH, MELBOURNE, MELBOURNE BEACH, PALM BAY, MELBOURNE VILLAGE
and WEST ~lliLBOURNE , creating and establishing a Combined Entitlement
Juri~diction:
WIT N E SSE T H
WHEREAS, the Justice System lmprovement Act of 1979, Public Law
96-157 provides for formula grants to eligible jurisdictions, including
a combination of units of local government which have a total population
of 100,000 persons, which provides at least .15 percent of state and
local criminal justice expenditures and would receive a minimum $50,000
in LEAA Part 0 funds, and
WHEREAS, each of the parties to this Interlocal Agreement has
heretofore passed a Resolution indic~ting its intent to join with the
other parties in forming a Combined Entitlement Jurisdiction, and
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WHEREAS, the parties hereto desire to participate cooperatively
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as a Combined Entitlement Jurisdiction in order to coordinate efforts,
analyze crime and criminal justice problems, set priorities for the use
of funds and carry out programs of proven or likely effectiveness in
improving criminal and juvenile justice, and
WHEREAS, Section 163.01(4) of the Florida Statutes provides that
"a public agency of this state may exercise jointly with any other
public agency of the state, of any other state, or of the United States
Government any power, privilege, or authority which such agencies share
in common and which each might exercise separately", and
WHEREAS, each party hereto as a public agency or local unit of
government has the power, individually or collectively, to administer
programs under the Justice System Improvement Act of 1979, Public Law
96-157,
NOW, THEREFORE, in consideration of the mutual convenants, promises
and representations herein contained, the parties agree as follows:
I. PURPOSE.
The purposes of this Agreement are:
A. To ensure eligibility for the receipt of formula grant funds
pursuant to the Justice System Improvement Act of 1979, Public
Law 96":157.
B. To afford each party hereto fair and equitable treatment in
the consideration for, and receipt of, formula grant funds re-
ceived by the Combined Entitlement Jurisdiction.
C. To ensure a continuing, cooperative and comprehensive criminal
justice program that results in the analysis of crime and
criminal justice problems, setting funding priorities based
on the analysis and carrying out programs of proven or likely
effectiveness in improving criminal and juvenile justice.
D.
To ensure compliance with all requirements of the Justice
System Improvement Act of 1979 and other applicable laws,
guidelines and regulations.
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II. ADMINISTRATION.
A. The ECFRPC shall serve as the applicant for federal formula
grants provided for under the Justice System Improvement Act
of 1979.
B. As the applicant, the ECFRPC shall provide the primary staff
to develop the necessary application to receive and disburse
the formula grant funds, and to carry out those activities
essential to the proper administration of the formula grant
funds.
C. The ECFRPC shall receive 7~% of the Combined Entitlement Juris-
diction total allocation each fiscal year, for the purpose of
administering the formula grant funds. Additional matching
funds may be made available through the State's matching trust
fund.
D. The ECFRPC shall be designated as the primary staff unit re- .
sponsible for ensuring that the following functions, specified
in federal guidelines pursuant to the Justice System Improvement
Act of 1979 are carried out by the appropriate parties:
(1) Analyzing criminal and juvenile justice problems of the
area.
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(2) Setting priorities based on the analysis.
(3) Preparing and submitting to the State a three-year appli-
cation and any amendments thereto, in conformance with
federal and state laws, regulations and guidelines.
(4) Preparing and submitting to the State Council an annual
performance report which includes an assessment of impact,
as well as maintaining and providing such other information
as may be required by law or regulation.
(5) Compliance with applicable federal and state laws and
regulations regarding the use of LEAA funds.
(6) The proper accounting, auditing, monitoring and evaluation
of projects and programs.
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IV.
COMBINED ENTITLEMENT JURISDICTION ADVISORY CO~~1ITTEE.
A. . Effective October I, 1980, the ECFRPC shall establish a
Criminal Justice Advisory Committee based on specific criteria
as referenced in the Justice System Improvement Act of 1979.
The duties of the Committee shall be advisory to the ECFRPC
and shall include the following:
(I) Analyzing criminal justice problems.
(2) Recommending priorities based on the analysis.
(3) Recommending projects for funding, based on established
priorities.
(4) Ensuring adequate shares of funding for all components of
the criminal justice system.
B. Effective October 1, 1980, within the geographical limits of
each county there shall be established a Criminal Justice
Advisory Committee comprised of the participating units of local
government within each such county, based on specific criteria
as referenced in the Justice System Improvement Act of 1979.
Each such county committee shall be created or designated in a
manner agreed to by the participating units of local government
within such county. The duties of the committees shall be
advisory to the ECFRPC's Criminal Justice Advisory CQmmittee
and shall include the following:
(I) Analyzing criminal justice problems.
(2) Recommending priorities based on the analysis.
(3) Recommending projects for funding, based on established
priorities.
(4) Ensuring adequate shares of funding for all components
of the criminal justice system.
FUNDING.
A. The primary source of funds for the Combined Entitlement
Jurisdiction shall be Federal Law Enforcement Assistance
Administration (LEAA) funds provided by the Justice System
Improvement Act of 1979.
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B. Within the region, the proportionate share of the Combined
Entitlement Jurisdiction's annual LEAA allocation to the re-
spective geographical areas shall be guaranteed by a formula
based on criminal justice expenditures, less 7~% of this share
for administrative costs.
C. Funds will be allocated within the geographical limits of each
county by the county's criminal justice advisory committee, in
accordance with state and federal rules and regulations, subject
to approval by the ECFRPC's Criminal Justice Advisory Committee.
D. Deviation from the funding allocations to the respective counties
may be effected only through formal waivers of specific amounts
of funds by the county's criminal justice advisory committee and
the ECFRPC's Criminal Justice Advisory Committee.
E. Local matching funds for formula grant projects shall be provided
by the recipient unit of government, public or private implementing
agency operating said projects. Additional matching funds may be
made available through the State's matching trust fund.
F. A possible secondary source of funds for the Combined Entitlement
Jurisdiction may be provided for by the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended. Should these funds
be made available, they shall be administered by the ECFRPC as
specified in the Act and/or by the Bureau of Criminal Justice
Assistance guidelines, provided that 7~% of the total JJpP allo-
cation shall be utilized to cover administrative costs.
G. Use of funds shall be in compliance with the provisions of the
Justice System Improvement Act of 1979 and the Juvenile Justice
and Delinquency Prevention Act of 1974, as amended, relating to
purposes outlined in the Acts, established priorities, adequate
share funding to the various criminal justice system functions,
and assumption of cost requirements and policies.
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v. ACCOUNTABILITY.
A. Each of the participating units of government receiving federal
funds through the Combined Entitlement Jurisdiction shall be
responsible for compliance with the reporting, evaluation and
auditing requirements as set forth in the state and federal
ruies and regulations.
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B. Each of the participating units of local government receiving
federal funds through the Combined Entitlement Jurisdiction
shall be fully liable for the proper use and accountability
of those funds which it receives.
C. Each participating unit of local government shall, and hereby
agrees to, save, indemnify and hold harmless the ECFRPC from
any loss, cost or attorney's fees which the ECFRPC may other-
. wise incur by reason of any breach of this Agreement by the
indemnifying unit of local government, or the failure of the
indemnifying unit of local government to abide by or comply
with applicable federal and state statutes, rules and regulations.
VI. EFFECTIVE DATE, DURATION AND TERMINATION.
A. The effective date of this Combined Entitlement Jurisdiction
shall be October 1, 1980.
B. Unless otherwise agreed to by the parties hereto, this Agreement
shall remain in effect until the administration of all funds
received by the Combined Entitlement Jurisdiction pursuant to
this Agreement have been expended. Each of the participating
units of government shall reaffirm its commitment to the Combined
Entitlement Jurisdiction by Resolution at the beginning of each
three-year application cycle.
C. Termination of this Agreement, or the withdrawal of any party or
parties hereto, shall be effected only after written notice of
intent to withdraw to the ECFRPC, which said written notice
shall be given at least sixty (60) days prior to the intended
date of withdrawal. Financial commitments for administration
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purposes made prior to withdrawal are effective and binding for
the full term of the then current funding cycle regardless of
withdrawal.
D.
Upon the termination of this Agreement, any equipment or property
obtained in the administration of the Combined Entitlement Juris-
diction shall remain the property of the ECFRPC; provisions
shall be made in a termination document for the appropriate
completion of any affected grants and the disposition of funds
of such grants.
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VII. MISCELLANEOUS PROVISIONS.
A. How Contract Affected'By ~rovisions Being Held Invalid.
If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby
if such remainder would then continue to conform to the terms
and requirements of applicable law.
B. Federal Or State Law.
Nothin in this Agreement shall require the Combined Entitle-
ment Jurisdiction or the parties hereto to observe or enforce
compliance with any provision hereof, perform any other act
or do any other thing in contravention of any applicable federal
or state law.
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C. Execution of Agreement.
This Agreement may be simultaneously executed in several counter-
parts, each of which so executed shall be deemed to be an
original, and such counterparts together shall constitute one
and the same instrument.
D. Constitutional Or Statutory Duties And Responsibilities
Of The Parties To This Agreement.
This Agreement shall not be construed to authorize the dele-
gation of the constitutional or statutory duties of any of
the parties. In addition, this Agreement does not relieve
any of the parties of an obligation or responsibility imposed
upon them by law except to the extent of actual and timely
performance thereof by one or more of the parties to this
Agreement or any legal or administrative entity created or
authorized by this Agreement, in which case the performance
may be offered in satisfaction of the obligation or responsi-
bility.
E. Amendment Of Agreement.
Amendments to this Agreement may be initiated by the ECFRPC.
Amendments shall be formally ratified and approved by resolution
of the respective parties to this Agreement.
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F. Agreement Format.
All words used herein in the singular form shall extend to
and include the plural. All words used in the plural form
shall extend to and include the singular. All words used
in any 'gender shall extend to and include all genders.
BY:
UNIT OF LOCAL GOVERNMENT
CITY OF CLERMONT
By:
{!c~
Title:
MAYOR
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