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WHEREAS, it is to the mutual.. benefit of the parties hereto
and, in the nest public .interest that said parties join together
to establi.s? are agency to accomplish the purposes tieveinallter,
set .forth; and
WHEREAS, the parties nereto find ana determine that there
is a serious proolem amore; rhe youth and other members of the
community eoneerning health abuse; and
WHEREAS, nea.lth crouse poses one of the most serious sooi,a.,
ana moral, proolems c"on.fronting Society; and
WHEREAS, nealth aouse often results in anti.-sooial, oehavior•,
�� Zn oriminai ��.i�ities, valienation of families, and degradauior
Of the person; ana
WHEREAS, the increase in health abuse has centered p'ax�-,
Jiculari:- amon6 . ;e young, Vor wnom cne parties to this Agxee-
.Hent xecuQnize c•espotlsitilii:" acid entertain a strong desire
to lead and educate as useful citizens; and
rV"J
JOINT POWERS AGREEMENT
For the Oneration of
00P'IONITX HEALTH ABUSE COUNCIL
THIS AGREEMENT is entered into pursuant to statutory pro-
ro_visions
visionsof the State of California, namely, Title 1, Division
T, Chapter 5, Article 1, Government Code, and, pxovidas =or the
joint exercise .of powers among the following parties;
Los Altos, City of
Los Altos Hill's, Town of
Mountain View, City o.f
Los Altos School Di.strdct
Mountain View School District
,
Mountain -View.-Los 'Altos Union High School..District
Whisman School, Di.stric't
and sucn otner parties as may oe eligible and who apply for.
participation in.this Agreement as is provided hereinafter.
WHEREAS, it is to the mutual.. benefit of the parties hereto
and, in the nest public .interest that said parties join together
to establi.s? are agency to accomplish the purposes tieveinallter,
set .forth; and
WHEREAS, the parties nereto find ana determine that there
is a serious proolem amore; rhe youth and other members of the
community eoneerning health abuse; and
WHEREAS, nea.lth crouse poses one of the most serious sooi,a.,
ana moral, proolems c"on.fronting Society; and
WHEREAS, nealth aouse often results in anti.-sooial, oehavior•,
�� Zn oriminai ��.i�ities, valienation of families, and degradauior
Of the person; ana
WHEREAS, the increase in health abuse has centered p'ax�-,
Jiculari:- amon6 . ;e young, Vor wnom cne parties to this Agxee-
.Hent xecuQnize c•espotlsitilii:" acid entertain a strong desire
to lead and educate as useful citizens; and
WHEREAS, the professional workers on 'pzobatIon, police
department, county health department, school. districts, and in
the fie-ld of medicine attest to the immediacy ai the need for
a concerted oommurrity effort to identify and alleviate "sortie of
rhe causes innerent in nealth abuse .and to.assist with needed
counseling; and
s,
WHEREAS, the parties find and determine that the develop-
ment of a forceful., effective recreational., edgeational, and
oommuni,ty program is necessary Lo counter the growing pattern
of health abuse and alienation of youth; and
WHEREAS, the State Legislature, under Part 3, Division 12,
r� Chapter a, Education Code, has authorized public authorities
including counties, ci,ti.e's and school, districts to organize,
promote and conduct programs and to establish projects contribut-
ing tc r,ne pjjysical, mental or moral development of, the community=
and
WHEREAS, the State ,Legislature under Sections 87.52. a-nd
following o.z the Education Code, has auNhprized•school districts
to provide for the establishment of a comprehensive program ort
drug education, including the promotion of effective ii,aison
between scn'ool. and community involving parents, pupils, corn-•
nturiicy naal.tn agencies, lurr enforcement agencies, and other
P
concerned eommuni.t; groups; aha
RE'K`EAS, the, State Legislature under Part 2, Division l.,
Qhapter „ Hiaaltr- and Safei5y Coae, has expressed its concern
over drug acuse as a public health and law enforcement. proolerr,
and iiaa pr ovi.dea x or tree aeve i,opment and ,!uordi,nation of cowjrro -
wide comrnunizY arug abuse programs for drug abuse control, among
'ocai !nmmun;''..� mental heajtn services, inclUding the prograrr,
contributions ..) educaclonal inoticutions, health agencies,
i.aw enforcement aria other appropriate agencies;
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NOW, THEREFGRE, the parties mutually agree,
1.., TER:`d OF AGREEMERT Phe Agreement shall be effective,
and the COunoi.l. shall. be established anon the execution hereof
by Wo or more parties as attested by the signatures and dates
of execution hereof'. As each suooessi.ve party executes said
Agreement, the provisions shall be Operative and eff'eet,ive as
to said party from the date of said execution, The Agreement
shall continue in effect until, terminated as provided herein.
Additional eligible entities may-, from time to time, become
party to this Agreement upon the approval of the Board of
Directors,
2„ NAME OF AGENCY. the parties hereto agree that an
Agency, wholly separate and apart frorq the entities of the
parties,' be and is hereby created under the aforeeai.d prQvisi.ons
of law, and shall hereafter be designated as Community Health
Abuse Council (hereinafter referred to as "Council,").
1 •
31 CONTROL OF AGENCY. The Council, shall be under the
l •
aontx,ol of a i5oard of Directors, hereinafter referred to as
"`!`he Board, 11
3..I The Board of Directors shall consist of one repre-
sentative and one alternate appointed by the governing oody of
each ,par,ici.pating agency, In addition, wnen representatives
erom not leas rnan seven (f) participating agencies snail have
b been appointed to the Board, the Board shall include four (4)
members and ?bur k1}) alternates from the community who shall
oe selected oy the repredetitati,ves of the participating agencies.
Any later reduction i.n the numoer of participating agencies
shall, not ai'fect the number of' community members on the Board,
3.2 A.., at cernate .for a representative of a participat-
ing agency will. act only in the absence of the appointed repre-
sentacive of said agency, Alternates for• members selected from
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the oommdni,ty• w-I,,II .ac°t bn"ly`in the absen6e..0' f said menb.ers, but
any such alternate may act on behalf of any member selected
from the community who i.s absent,
4. NOTICES., The Board, by resolution, shall. designate a
specific Location at which it will roceive notices, correspon-
dence, and other communications and shall designate dne oil i.ts
members or its secretary as an officer for .the purpose of
receiving service on behalf of the Council,
5. iMESTINGS._ The Board may hold special meetings as it
may determine and 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 resolution of said Board,
Which resolution shall, be publicly posted for two weeks on the
bulletin board regularly used for official notices by the Counci.l.
5.1. An Annual Meeting of the Board shall, be held in
March for the purpose of seleoai.on of officers and the conduct
Of whatever other business of an organizational nature is neces-
sary, in addition to consideration of the regularly scheduled
items
5.2 The Secretary of the Board shall, cause to be kept
minutes of its meetings, both xegular and special., and shall
proflnptl;; transmit toreach of the parties hereto, and to such
other persons -as the Bdh. a ►nay determine, true'arid oorrecL
copies of the minutes of such meetings, which shall. be pri•-
a
warily a r•ef'leaticn of the actions taken by the .Board,
o. VOTING, -Phe presence of a majority of the Board of
Directors mall be required in order to constitute a quorum
necessary fon the transaction of the busi.ness'of the Board,
No aetien of tike hoard snail oe valid unless a majoxiey of the
Board concur tnexein by tneir votes.
7. JFFYCE S AdD EJ -J' OYEES, the Board shall elect a
( - L= :::•a
cnairman ana a vice-chairman from its members upon the occa_,
sion of its Annual Meeting.
7..1, she Board shall appoint the Executive Director of '
the Council.,oho shall act as executl.ve and administrative
officer of the Council, shall serve as secretary of the Board
and who shall, perform such other and further duties as may be
determined by the Board, The Executive Director shall, be an
ex officio member of the Boaxd,abut shall have no voting power
on the Board.
7.2 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 .o fix and pay their compensation,
7.3 The Board 4hal.l. have the power to fix the duties, to
fix and pay the compensation, and to regulate the reimburse --
mens of expenses of all employees of the Council,
7,4 Nothing shall prohibit the Board, acting through its
.Executive Director, with approval of the Board, and within the
constraints of the budget adopted in accordance with Section
11. hereof, from contracting for services of employees of
parties hereto, or of other institutions and orgatiizations, and
reimbursing them for the costs, including salaries and fringe
oendfits, involved in providing such services, .The provision,
:jowever, ,snail ctc-. prohicir, individual participating agencies,
wilt: t e approval ,f chic Board of Di,xecrors, from exercising;
supervision and other management controls including the defin-
ing uf' duties and responsibilities, for its own employees
assigned oy ::uon h�enoies to carry out the puxposes +aT this
Council. !ill;'hir. t„e jurisdiction of the participating agency,
7• : -Tvne memoars ot• the Bvava shall serve without cornDeri-•
iation
Y,
ff
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8< SCOPE 0? POWER..
8.1 The Council shall be. a community agency which shall
ser-ve as an organization and place where young persons or
members of their family and such other persons .as may be
authorized by the Board may seek comprehensive services regard-
ing health abuse and related problems, The Council shall
develop .and implement a vigorous total community awareness
program to provide accurate information on health abuse and
related problems to adults and youths, The Council will assist
administrators, educational, religious and community agencies
with in-servipe training programs and materials. The Board
shall have the power and authority to exercise any power
common to the `parties161;et6 and to exercise any power set
forth in the California Government Code Section 650$, provided
that the same are for the furtheranae of the objectives of this
Agreement as contained herein and in the recitals set forth
above, and may, to the extent permissible thereunder,, enter
into concraetc in its own name with persons and with public or
private agencies, boards, and other entities all subject to the
terf., and conditions of this Agreement. In the absence of its
consent, no party :o .this Agreement, appointing power or members
of rt.._ Board jnall be bound to provide any sum of money, property,
or service of.any mind to the Council, rhe Board shall have no
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power or autnority to bind any of the parties to this Agreement
to any debt, .liability or- obl.igari,on In the absence of express
written authorization from the parry to be bound,
8..2 The 3oard shall adopt appropriate rules nor, incon-
sistenr nere'qirh for the orderly transaction of the business
of the j,,unc'__,.
Board spall nave no power or authority zo incur
any colinayicn in excess of the. amount, appropriated to its use
M
by the funding sources, Phe debts, liabilities and obligations
of the isoard and the Counall snal.l not become the debts, liabil-
ities 'and obligations of the parties to this Agreement unless
expressly consented to by an individual party or parties, in
which case such debts, liabilities and obligations shall be
imputed to that party or parties only,
9, ADVISORY COMMITTEES, The Board from time to time may
establish or abolish one or more advisory committees to perform
such functions as the Board may determine.
10, INSURANCE. The Council shall insure itself, the
Board and the parties hereto, in a manner which the Board may
deter•mine,f'rom loss, liability and claims arising out of or
in any way connected with the performance of this. Agreement.
11. PUNDS AND EXPENDITURES.
of Los Altos is designated as the Fiscal
Effective � Ind disburses
0f. January 1, 1984, Para res 7/2419a
aRri1,1973 Ah II,1 'Of.
.
of .• 1"he� Council
and the follow,.,tinse the.00 nt powers Agreement
Its program pursual shall race�Ye
times ma into ire nt to bud and disburse
cansiste a complete and budget by the funds far
quir*ed by
with est,ablis A Board and she °peratian
y law had acca system
of accountin
shall at all
for non.,profit organization5Cedures and an g for such funds
nual audit, as re_
06vern6ent C oua•.
11.2 Each anis every expenditure of Coum,...- -
be authorized'oy the Board through adoption of a budget• The
Soard will rile annually with participating agencies a state-
ment of estimated annual income and expenditures made during
the prion f•i.soal, year, in addition .to a copy of projected budget
for zhe forsncoming .fi,sea? year (July 1 - June 30) ,
11.3 Notice shall be sent by April lst of each year to
particip,ri:,!� w envies advising what f'inaat3ial assistance, if'
any, will be needed f'x om the agencies to carry on the program
of the Council,
' 11.4 The Board shall have no power or authority .to
assess the parties to this Agreement for contribution of any
kind whatsoever unless specifically approved by the governing
bodies of the participating agencies.
12. WITHDRAWAL OF PARTNERS, The powers and authority or
the Board shall contintae until• termination of this Agreement,
Any party may w thdr•aw from its status as a party to this Agree-
ment by giving written notice no later than May 1, With such
withdrawal to be erfeetive on July 1 for the ensuing fiscal•
year. Upon withdrawal, the withdrawing party must discharge
or arrange for discharge to the satisfaction of the rema3.ning
parties any pending obligations it may have assumed hereunder,
A withdrawing party will incur no liability for any obligation
incurred. after the date of submi.•ssion of the notice of With-
drawal provided for herein, provided withdrawal. is accomplished
on July J.,
13. DISPOSITION OF PROPERTY, EQUIPMENT AND/OR FUNDS, In
the event o' the complete rescission, or other final termination
Of tnis Agreement, the property, equipment and/or funds, follow-
ing disdnarge of al -6 obligations due by the Council., shall• be
disposed of in the following manner,
13.x. Property contribuued by the parties hereto shall
oe disposed of by sale or other disposition according to law,
and the proceeds, in cash; or by their' fair market value in kind
at une time oz• rescission or other final. terminat.i.on, ae afdre•-•
said, distributed• to the parties hereto in proportion to r. he
contrituzion made eJ them., If the value of the property to be
distributed exceeds the contribution made by the parties, such
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excess shall, be distributed, subject to the provisions o 13,2
and 13 3 hereof, to a nonpxofit organization designated by
majorit;, vote of ':he Board.,
.13.2 Equipment shall be disposed of in accordance with
.13 .a•, although specific items, if so designated in advance by
a partioular donor, shall be returned to said donor.
13•,3 In accordance with Government Cade Section 651.2,
surplus money, other.than that obtained .from the parties hereto,
shall be returned in proportion to the contributions made by
any and all donors or grantees whose funds might be within the
budget of the Council at the time of the rescission.
1q•. AGREEMENTS. This Agreement may be amended at any
time by the unanirdous vote of all, parties hereto,
1.5. 3MRAB.;'.1ITY. Should any portion, term, condition,
or provision of this Agreement be decided by a court of compe_,
tenb jurisdiction to be illegal or in conflict with any law of
ehe Stare of California, or to be otherwise .rendered unenforce-
able or ineffectual., the validity of the remaining portions,
terms, conditions and provisions shall not be affected thereby.,
Tib li'ITNESS 4;HER,EOF, the parties hereto have caused this
Agreement to be ditly executed as set forth hereinbelow:
s
CITY OF E03 ALTOS
�9173
TOWN OF -M ALTOS HILLS
Executed a : a AL 1973
:�
M
APPROVED AS TO FORM:
v r
•may t orney
APj/P�R, OVED AS TO FORM-,
City Attorney
CITY OF MOUNTAIN VIEW
EXECUTED ON May 15, 1.973
1973 A ZPVEED As T"ORIm.
Pi
View Oilu Attorney
LOS ALTOS SCHOOL DISTRICT
Executed on J L
2 1973 APPROVED AS TOPaprj..-
6y
/Deputy coun, y Cou'mSel
MOUNTAIN V18W SCHOOL DISTRICT
Executed on '7 — 1973 APRAO-YD AS TO YO -All:
By -0
DdpUty GoUnty Counsel,
A
MOUNTAIN VIEW -LOS ALTOS UNION HIGH
SCHOOL DISTRICT
Executed on 1973 APPROVED AS TO FQFK-�
B, C2L
Title
A Liat
4j,� 7'd4AEVG-1;-r/j)epLAty county Court:;_
WHISMAN SCHOOL DISTRICT
Exe;Cuted on
,= �a 1.973
-.10-
APPROVED AS TO FO�PjX:
Atat,e-,/Deputy County Counsel.
. . �
_
^
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. �
7/23/92 �
�
By action of the Board of [Ureoto,-s on 10/14/87. the name of the agency
was changed to; "Community Health Awareness Council,, �
|
On 11/15/89, revised Cnnstitution and By -Laws were adopted by the Board �
of Di}aotors which 1ncorpnrated the changed name. |
'
On 1/19/90' u Cnpy of the r-evised ConStitutiun and By -Laws was sent tu each � |
of the JPA entities with n cover -Ing letter requesting their- approval or
dissent.. No dis
sents were made known.,
`
n
CONFIRMATION OF AGREEMENT
RELATING TO JOINT POWERS AGREEMENT
FOR COMMUNITY HEALTH AWARENESS COUNCIL
The undersigned, all of the parties to the Joint Powers Agreement (the "JPA") relating to
Community Healthy Awareness Council (the "Agency"), hereby confirm their unanimous vote and
agreement as follows:
1. The new name of the Agency is CHAC.
2. The Executive Director of the Agency may but is not required to serve as the
Secretary of the Board; the Board of Directors may create such offices and appoint such
individuals to those offices as it sees fit.
3. The Board of Directors may determine the number of community member positions on
the Board as it sees fit.
4. There is no longer an "alternate Director" arrangement.
This Confirmation shall be treated as an amendment to the JPA under Section 14 of the JPA,
including effecting appropriate changes in Sections 2, 3.1, 3.2 and 7 of the JPA. Except as
otherwise expressly stated in this Confirmation, nothing in this Confirmation modifies the JPA in
any respect, and the JPA remains in full force and effect. The Confirmation may be signed in any
number of counterparts, all of which shall be taken together as one instrument.
The Agency will take such steps as are appropriate to effect the amendments set out in this
document.
CITY OF LOS ALTOS TOWN OF LOSSALTO HILL
By: By:�
Name: Name: Rich La sen
Title: Title: Mayor
Date: Date: November 19, 2012
CITY OF MOUNTAIN VIEW LOS ALTOS SCHOOL DISTRICT
By: By:
Name: Name:
Title: Title:
Date: Date:
MOUNTAIN VIEW WHISMAN SCHOOL MOUNTAIN VIEW -LOS ALTOS UNION
DISTRICT SCHOOL DISTRICT
By: By:
Name: Name:
Title: Title:
Date: Date:
Deborah Padovan
From: Carl Cahill
Sent: Friday, November 16, 2012 11:27 AM
To: Deborah Padovan
Subject: FW: CHAC's joint powers agreement with Los Altos Hills
Attachments: JPA changes.doc
Can we get this signed by Rich? We should combine with current agreement so it does not get lost.
From: Oldberg, Vicki[mailto:voldberg@windows.stanford.edu]
Sent: Friday, November 16, 2012 11:13 AM
To: findrichlarsen@gmail.com; Carl Cahill
Subject: CHAC's joint powers agreement with Los Altos Hills
Hi Rich and Carl,
I'm a member of CHAC's Board of Directors, and since I'm the only member of the Board who
lives in Los Altos Hills, I've been asked to contact you to approve some changes to the
original Joint Power Agreement (JPA).. The changes bring CHAC's JPA document into
conformity with current practice and preferences of the Board as well as with one change
required by law. I'm not sure if these changes need to be an item agenda for the entire City
Council to approve or whether Rich, as mayor, can approve these changes.
Please let me know how to proceed. If you questions, please contact me by phone, 650 941-
0533, or email.
Thanks,
Vicki Oldberg
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