HomeMy WebLinkAboutMendocino Office of Education, Ukiah Unified School District, Mendocino USD, Fort Bragg USD, Willits USD, City of Willits, Round Valley USD, Potter Valley USD, Point Arena USD, Laytonville USD, Legett USD0,9W iIr!7-)&o
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
for
OPERATION
of
MENDOCINO COUNTY YOUTH PROJECT
THIS AMENDED AND RESTATED JOINT POWERS AGREEMENT is made
and entered into effective September 1, 2016, by and between the undersigned member
agencies, acting through their respective legislative bodies hereafter referred to as
"PARTIES" and individually as "PARTY".
WITNESSETH:
WHEREAS, on June 4, 1992, a joint powers agreement was made and entered into
by the Mendocino Office of Education, Ukiah Unified School District, Mendocino Unified
School District, Fort Bragg Unified School District, Willits Unified School District, City of
Ukiah, City of Willits, Round Valley Unified School District, Potter Valley Community
Unified School District, Point Arena Joint Union High School District/Arena Union
Elementary District, Laytonville Unified School District, and Leggett Valley School District
("Original Joint Powers Agreement"), establishing a separate agency known as the
MENDOCINO COUNTY YOUTH PROJECT, pursuant to Title 1, Division 7, Chapter 5,
Article 1, commencing with section 6500 of the Government Code of the State of
California, under which two or more public agencies may, by Agreement, jointly exercise
any power common to the contracting Parties;
WHEREAS, each of the Parties to the Original Joint Powers Agreement is a "public
agency" as this term is defined in section 6500 of the Government Code of the State of
California;
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WHEREAS, the State Legislature, under Chapter 10, Part 7, Division 1, Title 1,
Education Code, has authorized public authorities, including counties, cities and school
districts, to organize, promote and conduct programs, and to establish centers contributing
to the physical, mental or moral development of the community;
WHEREAS, the goals stated in the Original Joint Powers Agreement included
exercising any power that the Parties have in common to operate a Youth Services Bureau
pursuant to Welfare and Institutions Code section 1900-1906, which program has since
been repealed by the California legislature;
WHEREAS, in light of the repeal of the Youth Services Bureau statute, the fact that
the programs operated by the MENDOCINO COUNTY YOUTH PROJECT have changed
since its inception, and that the Original Joint Powers Agreement no longer reflect the goals,
purposes and operations of this Joint Powers Agency, it is deemed in the mutual benefit of
the Parties hereto and in the best public interest that the purposes be revised and the
Original Joint Powers Agreement be amended and restated to reflect the following
purposes;
WHEREAS, the Parties hereto find and determine that there are serious problems
among youth in the community, such as substance abuse, mental health issues,
homelessness, and family conflicts, that effect the performance of children and youth in
schools;
WHEREAS, the United States Department of Health and Human Services
Administration for Children and Families suggests that the positive youth development
approach helps young people to achieve their full potential and is the best way to prevent
them from engaging in risky behaviors;
WHEREAS, organizations that promote positive youth development give youth the
chance to exercise leadership, build skills, and get involved;
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WHEREAS, the self-confidence, trust, and practical knowledge that young people
gain from these opportunities help them grow into healthy, happy, self-sufficient adults; and
NOW, THEREFORE, the Parties mutually agree that the Original Joint Powers
Agreement is hereby amended and restated, as follows:
1. CONTINUATION OF AGENCY. Nothing in this agreement shall impair or affect
the continued effectiveness of the agreement or operation of the agency established by the
Original Joint Powers Agreement as a public entity wholly separate and apart from the
Parties, known as Mendocino County Youth Project (hereinafter referred to as "MCYP" or
"Proj ect").
2. PURPOSE. The purpose of this agreement and the project is to provide
comprehensive prevention, intervention and treatment services for children, youth and
their families that affect the performance of children and youth in schools in Mendocino
and northwest Sonoma Counties, and such other persons as may be authorized by the
Board of Directors. This purpose shall be accomplished by organizing, promoting and
conducting programs to support the development of children, youth and families.
3. GEOGRAPHIC AREA. Mendocino and northwest Sonoma counties shall be
designated as the geographical area of the Project unless otherwise approved by the Board.
4. CONTROL OF AGENCY: The Project shall be under the control of a Board of
Directors, hereinafter referred to as "The Board".
4.1 The Board of Directors shall consist of one representative of each Party to
this agreement. A Party may choose to also appoint an alternate. The representative will
have one vote. Each representative or alternate will serve a two year term, with no limit on
the number of terms they may serve.
4.2 The Alternate(s) will act on behalf of the agenc(ies) they represent only in
the absence of the appointed representative(s).
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4.3 The members of the Board shall serve without compensation.
5. NOTICES: The Board, by resolution, shall designate a specific location at which
it will receive notices, correspondence and other communications, and shall designate one
of its members, or its secretary, as an officer for the purpose of receiving service on behalf
of the Project.
5.1 All notices required or given pursuant to this agreement shall be deemed
properly served when deposited, postage prepaid, in the United States mail, fax, email or
overnight delivery, addressed to each Party at its respective address indicated at the end of
this agreement.
6. MEETINGS: The Board shall hold regular meetings at least once every two
months. The date, hour and place for each such regular meeting shall be fixed annually by
said Board. Special meetings shall be conducted on the call of the chairperson of the
Board or on the call of a simple majority of members thereof as long as a seven-day notice
is given prior to the convening of such special meetings.
6.1 An Annual Meeting of the Board shall be held in July for the purpose of
selection of officers and the conduct of whatever other business is necessary.
7. VOTING: The presence of a majority of the Board of Directors shall be required
in order to constitute a quorum necessary for the transaction of the business of the Board.
No action of the Board shall be valid unless a majority of the membership concur therein
by their affirmative votes.
8. OFFICERS AND EMPLOYEES: The Board shall elect a chairperson and a vice
chairperson from its members upon the occasion of its Annual Meeting. The chairperson
shall preside at all meetings of the Board of Directors and perform such other duties as the
Board of Directors shall instruct. The duties of the vice -chairperson shall be the usual and
customary duties of such officer.
8.1 The Board shall appoint the Executive Director of the Project, who shall act
as executive and administrative officer of the Project. The Executive Director shall serve as
secretary of the Board and shall perform such other and further duties, as may be
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determined by the Board. The Executive Director shall have charge of, handle, or have
access to property of the Project. "Property of the Project" as used in this paragraph does
not include property of a member public entity used for Project purposes, unless that
member specifically authorizes such use.
8.2 The Secretary of the Board, who shall be the Executive Director, shall cause
to be kept minutes of its meetings, both regular and special, and shall promptly transmit to
each of the Parties hereto, and to such other persons as the Board may determine, true and
correct copies of the minutes of such meetings, which shall be primarily a reflection of the
actions taken by the Board.
8.3 The Board, for the achievement of the purposes herein, shall have the power
to appoint any other officer, or officers, as it may deem necessary and appropriate, to fix
their duties, and to fix and pay their compensation.
8.4 The Board shall have the power to fix the duties, to fix and pay the
compensation, and to regulate the reimbursement of expenses of all directors, officers and
employees of the Project.
9. SCOPE OF POWER:
9.1 The Board shall have the power and authority to exercise any power
common to the Parties hereto and to exercise any power set forth in Government Code,
Section 6508, provided that the same are for the furtherance of the objectives of this
Agreement, as contained herein in section 2 and in the recitals set forth above. The Board
may to the extent permissible enter into contracts in the Project's name with persons and
with public or private agencies, boards, and other entities, all subject to the terms and
conditions of this agreement.
9.2 The Board shall adopt appropriate rules, not inconsistent herewith, for the
orderly transaction of the business of the Project.
9.3 The manner in which the Project shall exercise its powers and perform its
duties is and shall be subject to the restrictions upon the manner in which the Mendocino
County Office of Education, which is a Party to this agreement, could exercise such powers
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and perform such duties, and shall not be subject to any restriction applicable to the manner
in which any other public agency could exercise such powers or perform such duties,
whether such agency is a Party to this agreement or not.
9.4 The Board shall have no power or authority to incur any obligation in excess
of the amount appropriated to its use by the funding sources.
9.5 The Board shall have power to purchase real property in the name of the
agency upon such case or credit terms as to the board may seem appropriate. Any credit
arrangement shall be limited to a purchase -money obligation for which the property shall
serve as the sole security and for which neither the agency nor any member shall have any
other obligation. The annual amount required to be paid on such a secured obligation shall
be included in computing the limit on the board's power to incur obligations under sub-
paragraph 9.4 of this agreement.
10. ADVISORY COMMITTEE: The Board, from time to time, may establish, or it
may abolish, one or more advisory committees, including youth advisory committees, to
perform such functions as the Board may determine.
11. FUNDS AND EXPENDITURES:
11.1 There shall be strict accountability of all funds of the Project and report of all
receipts and disbursements.
11.2 The Board delegates to the Executive Director the power to recommend for
Board approval the appointment of the Chief Financial Officer, who will act as controller,
and who will be an employee of the project. The Board will establish a relationship with a
government agency that will serve as a fiscal agent consistent with the requirements of
Government Code 6505.5. The fiscal agent will designate an employee to serve on the
selection committee for the Chief Financial Officer. The fiscal agent will develop a
Memorandum of Understanding with the Project outlining the specific responsibilities of
the fiscal agent and the Project. The Executive Director authorizes the controller to access
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all funds through the designated government agency. All funds are on deposit with the
Mendocino County treasury. All fiscal activities of the Project will be in accordance with
General Accepted Accounting Practices (GAAP).
11.3 The Executive Director shall assure an independent audit to be made by a
certified public accountant, or public accountant, in compliance with Government Code
Section 6505.
11.4 The Project shall receive and disburse funds for the operation of the Project
and its programs, pursuant to a budget approved by the Board, and shall at all times
maintain a complete and accurate system of accounting for such funds consistent with the
established accounting procedures for the fiscal agent and Sections 6505, 6505.1 and 6505.5
of the Government Code.
12. CONTRIBUTIONS. The Parties may, in appropriate circumstances: (a) make
contributions from their treasuries; (b) make advances of public funds for such purposes
set forth in this Agreement on such terms of repayment as may be agreed to between the
MCYP and the Party making the advance; (c) use their personnel, equipment or property
in lieu of, or in addition to, other contributions and advances; and (d) seek additional
sources of funding for the Project.
13. INVESTMENT OF FUNDS. The MCYP shall have the power to invest any
money in the treasury pursuant to Government Code section 6505.5 that is not required for
the immediate necessities of the MCYP, as the Board of Directors determines is advisable,
in the same manner and upon the same conditions as local agencies pursuant to Section
53601 of the Government Code. Any proceeds from such investments shall accrue to and
become part of the Project funds described in paragraph 12 above. (See Government Code
section 6509.5).
14. INSURANCE: The Board of the Project is authorized to and shall procure general
comprehensive liability insurance, errors and omissions insurance for its officers,
employees and Board of Directors, and other insurance by such means and in such
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amounts as it deems advisable to protect the Project and each of the Parties hereto,
charging the cost thereof to the operating costs of the Project.
15. LIABILITY AND CONTRIBUTION.
15.1 The debts, liabilities and obligations of the Board and the Project shall not
become the debts, liabilities and obligations of the Parties to this agreement unless expressly
consented to by a individual Party, or Parties, in which case such debts, liabilities and
obligations shall be imputed to that Party, or Parties only.
15.2 In the absence of its consent, no Party to this agreement, appointing power or
members of the Board, shall be bound to provide any sum of money, property, or service of
any kind to the Project. The Board shall have no power or authority to bind any of the
Parties to this Agreement to any debt, liability or obligation from the Party to be bound.
15.3. It is expressly agreed by the Board and all Parties to this agreement that in
contemplation of Section 895.6 of the Government Code respecting the right of contribution
of public entities that are parties to a joint powers agreement, upon any judgment for
damages caused by a negligent or wrongful act or omission occurring in the performance of
this agreement, which judgment is rendered or imposed upon any one of Parties or the
Project, no Party shall be liable to make contribution beyond its equal share of the entire
judgment, unless that Party shall have authorized or consented to the same by an
appropriately adopted ordinance, resolution, or contract.
16. HOLD HARMLESS. The MCYP shall defend, indemnify, and hold harmless the
Parties to this Agreement and their officers, agents, and employees from all liability for any
loss, damage or injury to persons or property, including attorney's fees and costs, arising
out of or attributable to the furnishing of services by MCYP pursuant to this agreement.
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17. IMMUNITY. All of the privileges and immunities from liabilities, exemptions
from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and
other benefits which apply to the activity of officers, agents, or employees of any such
public agency when performing their respective functions within the territorial limits of
their respective public agencies, shall apply to them in the same degree and extent while
engaged in the performance of any of their functions or duties extraterritorially under the
provision of Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code of the
State of California and as provided by law pursuant to Government Code, section 6513.
18. ADDITION AND WITHDRAWAL OF MEMBERS. Additional eligible
entities may, from time to time, become Party to this agreement upon authorization by
their legislative or other governing bodies and the approval of the Board of Directors.
Upon ninety (90) days written notice to all other Parties and to the Board, any Party may
withdraw from its status as a Party to this agreement. Such withdrawal by any Party shall
not terminate this agreement as to the remaining Parties.
19. TERMINATION OF AGREEMENT: This agreement shall remain in effect
until terminated by a majority vote of the Parties to this agreement.
20. DISPOSITION OF PROPERTY UPON TERMINATION: Upon the termination
of this Agreement, that property acquired by the MCYP as a result of this exercise of joint
powers shall be disposed as follows:
(a) If the MCYP shall be continued beyond the life of this Agreement, it
shall retain title to all property held by the MCYP pursuant to this Agreement.
(b) If the MCYP shall be succeeded by a new and separate entity or
public agency deemed by the MCYP board of Directors to be a "successor agency or
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entity," that agency or entity shall receive title to all property held by MCYP pursuant to
this Agreement.
(c) If MCYP shall not be continued beyond the life of this Agreement, and
if there shall be no "successor agency or entity," the Board of Directors of MCYP shall
determine in what proportion property held by the MCYP shall be divided among the
Parties to this Agreement or whether such property shall be sold and the proceeds disposed
of in those proportions.
21. SURPLUS MONEY UPON TERMINATION. Upon termination of this
Agreement, any money obtained by MCYP from any of the Parties hereto for the purpose
of carrying out the objective of this Agreement herein stated, which is in the possession of
MCYP after payment of all costs, expenses, and charges validly incurred under this
Agreement, shall be returned to the Parties in proportion to their contribution determined
as of the time of termination. In the case of those monies received by way of grant or any
other such means of financial assistance, the Board of Directors of MCYP shall determine
in what proportion funds held by the MCYP at the date of its termination shall be divided
among the Parties to this Agreement.
22. AMENDMENTS: This Agreement may be amended at any time by the affirmative
vote of two-thirds of the Parties hereto.
22.1 The Project shall prepare and file a notice of amendment of this agreement
with the Secretary of State in accordance with Government Code Section 6503.5.
23. SEVERABILITY: Should any portion, term, condition, or provision of this
AGREEMENT be decided by a court of competent jurisdiction to be illegal or in conflict
with any law of the State of California or to be otherwise rendered unenforceable or
ineffectual, the validity of the remaining portions, terms, conditions and provisions shall
not be affective thereby.
24. DUPLICATE ORIGINALS. This Agreement can be executed in one or more
duplicate originals, each bearing the original signatures of the Parties, and when so
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executed, each duplicate original shall be deemed an original of the Agreement admissible
in court as evidence of the terms of Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date first above written.
MENDOCINO COUNTY OFFICE OF EDUCATION
2240 Old River Road
Ukiah, California 95482
By
Warren Galletti, Superintendent
ATTEST:
UKIAH UNIFIED SCHOOL DISTRICT
925 North State Street
Ukiah, California 95482
By
Debra Kubin, Superintendent
ATTEST:
LIM
FORT BRAGG UNIFIED SCHOOL DISTRICT
312 South Lincoln Street
Fort Bragg, California 95437
By
Charles Bush, Superintendent
ATTEST:
By
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ATTEST:
LIM
WILLITS UNIFIED SCHOOL DISTRICT
120 Pearl Street
Willits, California 95490
La-Z
Patricia Johnson, Superintendent
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482
By
Sagegiaco , City Manager
ATTEST:
By v li L—
POINT ARENA JOINT UNION HIGH SCHOOL
DISTRICT/ARENA UNION ELEMENTARY
DISTRICT
P. O. BOX 87
Point Arena, California 95468
Brent Cushenbery, Superintendent
ATTEST:
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LAYTONVILLE UNIFIED SCHOOL DISTRICT
150 Ramsey Road
P.O. Box 868
Laytonville, CA 95454
By
Joan Potter, Superintendent
ATTEST:
MENDOCINO UNIFIED SCHOOL DISTRICT
44141 Little Lake Road
P.O. Box 1154
Mendocino, CA 95460
LM
Jason Morse, Superintendent
ATTEST:
MANCHESTER UNION ELEMENTARY
19550 South Highway 1
P.O. Box 98
Manchester, CA 95459
By
Cynthia L.B. Gonzalez, Superintendent
ATTEST:
Utz
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ROUND VALLEY UNIFIED
Howard and High Streets
P.O. Box 276
Covelo, CA 95428
By
Mike Gorman, Superintendent
ATTEST:
LM
POTTER VALLEY UNIFIED
10401 Main Street
P.O. Box 219
Potter Valley, CA 95469
By
Damon Dickinson, Superintendent
ATTEST:
LEGGETT VALLEY UNIFIED
1 School Way
P.O. Box 186
Leggett, CA 95585
By
ATTEST:
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CITY OF WILLITS
111 E. Commercial St.
Willits, CA 95490
Adrienne Moore, City Manager
ATTEST:
CITY OF FORT BRAGG
416 N. Franklin Street
Fort Bragg, CA 95437
By
Linda Ruffing, City Manager
ATTEST:
:A
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