AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE CRIMINAL JUSTICE COUNCIL OF SAN MATEO COUNTY

(TERMINATION OF JOINT POWERS AGREEMENT)

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WHEREAS, the parties have entered into a Joint Powers Agreement (hereafter, “JPA”) establishing the Criminal Justice Council of San Mateo County; and

WHEREAS, Recital A and § I of the JPA specify that the purpose of the Criminal Justice Council is to administer programs and funding issued by the State Office of Criminal Justice Planning under the Federal Crime Control Act of 1973; and

WHEREAS, consistent with Recital B of the JPA, the State Office has designated the geographical area of the County of San Mateo as “Region H” for the purpose of administering said programs and funding; and

WHEREAS, the funding for said programs no longer exists, and therefore there are no programs to be administered by the Criminal Justice Council; and

WHEREAS, § II of the JPA provides that the Criminal Justice Council is governed by a governing body, whose membership is set forth in the JPA, and said governing body has recommended that the JPA should be terminated and the Criminal Justice Council of San Mateo County should be disbanded; and

WHEREAS, § VI.F. of the JPA provides that upon termination of the Council, property and surplus money of the Criminal Justice Council shall, subject to the provisions of any federal or state grant agreement, be returned to the parties in the same proportions in which such parties made contributions to the Council; and

WHEREAS, § XI of the JPA provides that the agreement may be amended at any time by the written agreement by and between the County and those signatory city governments representing collectively fifty percent (50%) of the total population within Region H; and

WHEREAS, the parties therefore wish to terminate the Joint Powers Agreement that established the Criminal Justice Council.

NOW THEREFORE IS IT AGREED AS FOLLOWS:

1.

The Joint Powers Agreement establishing the Criminal Justice Council of San Mateo County is hereby terminated.

2.

This termination will be effective upon the execution of this amendment by written agreement by and between the County and those signatory city governments representing collectively fifty percent (50%) of the total population within Region H.

3.

This amendment may be executed in counterparts.

4.

Upon termination of the Joint Powers Agreement, the property and surplus money of the Criminal Justice Council shall, subject to the provisions of any federal or state grant agreement, be returned to the parties in the same proportions in which such parties made contributions to the Council in FY 2004-2005.

5.

Each member of the Criminal Justice Council shall complete and execute the necessary Conflict of Interest Form 700 for leaving office.

Agreed this _____ day of ______________, 2005.

County of San Mateo

By__________________________

President, Board of Supervisors

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