LARAMIE COUNTY COMMUNITY JUVENILE SERVICES JOINT POWERS BOARD AGREEMENT

Transcription

1 LARAMIE COUNTY COMMUNITY JUVENILE SERVICES JOINT POWERS BOARD AGREEMENT THIS AGREEMENT to create a Joint Powers Board pursuant to the Wyoming Joint Powers Act, Wyo. Stat et seq. as amended, and the Community Juvenile Services Board Act, Wyo. Stat et seq. as amended, is made by THE COUNTY OF LARAMIE, by and through the Laramie County Board of Commissioners (hereinafter referred to as County ), and THE CITY OF CHEYENNE, WYOMING, by and through its Mayor and City Council (hereinafter referred to as the City ), who agree as follows: WITNESSETH: WHEREAS, the County and City are each an agency, as defined by Wyo. Stat (a)(i), with the authority to enter into this Agreement and to form a Joint Powers Board; WHEREAS, the County and City agree to participate and form the Joint Powers Board as described herein; WHEREAS, the purpose of this Agreement is to create an entity by which the County and City can collaborate on the establishment, maintenance and promotion of the development of juvenile services in Laramie County designed to allow early identification and diversion of children at risk of entry into the juvenile court system and to prevent juvenile delinquency, and to provide a mechanism for other agencies, nonprofit entities and private businesses to participate therein; WHEREAS, the County and City wish to form this Joint Powers Board as a collaborative effort which may from time to time construct and operate facilities and programs to further juvenile justice services in Laramie County. The general purposes of the Board are to: (a) provide a mechanism to facilitate grants through the Joint Powers Board; (b) review existing community juvenile services and develop a community juvenile services strategic plan; (c) develop and implement a system of juvenile services through the hiring of appropriate personnel or contracting for necessary services and to create programs to provide identified services; (d) provide a mechanism for nonprofit entities, associations, foundations and others to participate and make investments in projects; and (e) provide a mechanism for the County and City to jointly finance, develop, own, manage, lease, buy and sell real property assets to facilitate development, implementation and maintenance of identified juvenile service programs. WHEREAS, County and City hereby wish to cooperate through the Joint Powers Board. 1

2 AGREEMENT NOW THEREFORE, the County and City agree as follows: 1. Creation and Composition of the Board. There is hereby created the Laramie County Community Juvenile Services Joint Powers Board which shall consist of fifteen (15) Members designated as follows: a. The County and the City shall each appoint two Members; b. As required by Wyo. Stat (a), one Member shall represent each of the following entities within Laramie County: i. The local field office of the Department of Family Services; ii. The City-County Health Department; iii. Laramie County School District Number 1; iv. Laramie County School District Number 2; v. An attorney from the office of the Laramie County District Attorney; vi. The Cheyenne Police Department; vii. The operations division of the Laramie County Sheriff s Office; viii. The detention division of the Laramie County Sheriff s office; ix. The Office of Youth Alternatives; x. An attorney from the Laramie County Office of the State Public Defender Program; xi. A licensed provider from a local mental health or substance abuse provider. c. Each entity entitled to representation on the Joint Powers Board shall recommend an individual to serve as a Member, which recommendation shall be forwarded to the Joint Powers Board. The four Members representing the County and City shall review such recommendations and upon the majority vote of the Members representing the County and City, shall forward nominations to the governing body of the County and City for approval and appointment. Appointment of a Member shall only take place upon mutual approval by the governing boards of the City and the County. d. All persons appointed to serve on the Joint Powers Board shall be qualified electors of Laramie County, Wyoming, and must be, both at the time of their appointment and throughout their tenure as Members, an employee or appointee of the entity which he or she was appointed to represent Each governing body has the statutory authority and power to engage in the purposes of this Joint Powers Board, as required by the Wyoming Joint Powers Act. The County s statutory authority is as set forth in the Wyoming statutes, including but not limited to Wyo. Stat et seq. The City s statutory authority and purposes are as set forth 2

3 in Title 15, Wyoming Statutes, including but not limited to Wyo. Stat , et seq. The creation, powers and duties of Community Juvenile Service Boards are set forth in Wyo. Stat et seq. 2. Term of Board Members. Members of the Board shall be appointed in accordance with the following process. a. The initial terms of each Member shall be for one (1), two (2) or three (3) year terms, as set forth below. Initial appointees are subject to reappointment. Thereafter, all appointments shall be for three-year staggered terms. Vacancies for unexpired terms shall be filled in the same manner that the position was initially filled. i. The following Members shall be appointed for initial terms of one (1) year: 1. The attorney from the Laramie County Office of the State Public Defender Program; 2. The representative from the operations division of the Laramie County Sheriff s Office; 3. The representative from the local field office of the Department of Family Services; 4. The licensed provider from a local mental health or substance abuse provider; 5. The representative from Laramie County School District Number 1. ii. The following Members shall be appointed for initial terms of two (2) years: 1. The attorney from the office of the Laramie County District Attorney; 2. The representative from Laramie County School District Number 2; 3. The representative from the Cheyenne Police Department; 4. The representative from detention division of the Laramie County Sheriff s Office; 5. The representative from the City-County Health Department. iii. The following Members shall be appointed for initial terms of three (3) years: 1. The two representatives of the City and the two representatives of the County. 2. The representative from the Office of Youth Alternatives Members of the Joint Powers Board may be removed, with or without cause, by mutual resolutions of the governing bodies of the City and County. If a Member ceases to be a resident or elector of Laramie County and an employee or appointee of the entity which he or she was appointed to represent, or be otherwise unable or unwilling to perform the functions as required by this agreement, his or her position shall be declared vacant. A vacancy shall also exist upon the resignation of any Member. 3

4 3. Board Organization. Promptly following appointment of the Members of the Board, they shall meet, organize and elect from their membership a chairman, vice-chairman, secretary and treasurer. The secretary of the Board shall notify the County and City of the Board s organization and shall file a certification with the County Clerk and Secretary of the State showing the Board s organization. 4. Meetings. The Board shall meet as follows: a. Not less than once every three (3) months; b. As provided by the Bylaws of the Board; c. At the call of the chairman; or d. Within five (5) days after an oral or written request of a majority of the Board Members 5. Liability. Except as otherwise provided by law, no individual Member of the Joint Powers Board shall be personally liable for any actions of procedures of the Joint Powers Board as provided by Wyo. Stat (b), as amended. 6. Compensation. When actually engaged in the performance of their duties, Members of the Joint Powers Board shall receive no compensation from the Joint Powers Board but shall be reimbursed as authorized by Wyo. Stat (b), as amended. 7. Bylaws/Rules. The Joint Powers Board shall adopt such Bylaws, rules, regulations and/or policies not inconsistent with this Agreement, the Wyoming Joint Powers Act and Wyoming law, all as amended, as it deems necessary to carry out the business of the Board. 8. Duties. The Joint Powers Board shall: a. Comply with all requirements of it as set forth in the Wyoming Joint Powers Act, as amended, and the Wyoming Community Juvenile Services Board Act, and rules promulgated pursuant to these Acts; b. Keep minutes of all meetings and keep proper financial records, to the extent required by Wyoming law. c. Fix the time and place of regular meetings; provided that a regular meeting shall be held at least once every three (3) months. d. Cooperate and solicit the advice, counsel and recommendations of the governing bodies of the County and City. e. Keep the governing bodies of the County and City advised as to its activities, and make such written or formal reports concerning its activities and finances as may be required by the County or City. f. Develop and present to the governing body of the County and City an annual budget, in a format and at a time compatible with the budget processes of the County and City. This budget must be approved by the governing bodies of the County and City prior to the receipt or expenditure of funds in each fiscal year. 4

5 9. Powers. The Joint Powers Board shall have all the powers and duties enumerated in, or reasonably implied from, the Wyoming Joint Power Act, the Wyoming Community Juvenile Services Board Act, and the laws of the State of Wyoming, as amended, as far as necessary to carry out the purposes of this agreement. Nothing herein, nor any action taken by the Joint Powers Board, shall modify, limit or in anyway alter the governmental immunity afforded to the County and City and their governing bodies to the full extent that each such agency may otherwise have governmental immunity under Wyoming law. 10. Ownership, Operation and Financing. The following provisions shall apply concerning ownership of any facilities, the operation and maintenance of such facilities and the financing of the Joint Powers Board: a. Unless otherwise agreed by contract, lease or agreement with the mutual approval of the governing bodies of the County and City, and the Joint Powers Board, any facility constructed or purchased by the Joint Powers Board shall be owned by the Joint Powers Board, with the respective County and City entitled, but not required, to own a proportionate interest thereof in the following proportions: Equally by the County and City, unless the Members otherwise unanimously approve ownership of a specific facility in some other proportion, or unless such ownership would be contrary to law. b. The operation and maintenance of the facilities administered by the Joint Powers Board, its agents or contractors and the costs thereof, shall be borne in the same proportion as the County and City are entitled to an interest in the ownership thereof, as set forth in (a), above, unless the Members otherwise unanimously approve a different proportion of participation. c. All financing shall be through funds raised by the Joint Powers Board which shall establish and maintain a budget for its yearly operations. The participating entities may but are not required to provide financing for the Joint Powers Board as determined by the individual governing bodies. 11. Term; Dissolution and Distribution. The Joint Powers Board shall continue in existence perpetually, unless otherwise sooner terminated by a resolution adopted by the County and City. Upon the complete termination and dissolution of the Joint Powers Board, or upon the proper withdrawal by the County or City from the Joint Powers Board, any remaining funds, assets or facilities owned by it shall be allocated and distributed to the County and City in proportion to the ownership interest held by each pursuant to this Agreement, or as may be expressly agreed by resolution of the governing bodies of the County and City on a specific project-by-project basis. Notwithstanding anything to the contrary contained herein, the Joint Powers Board shall not dissolve the Board so long as any financial obligations are outstanding and unresolved. 12. Amendment. This Agreement may be amended, in whole or in part, by written resolution jointly approved by the governing bodies of the County and City and with the approval of the Wyoming Attorney General s office. The Joint Powers Board anticipates amending this Agreement by supplemental appendix to address specific concerns and issues on a project-by-project basis hereafter, including but not limited to addressing such project-by-project issues as: proportion of financial responsibility on a specific 5

6 project for the County and City; proportion of equitable ownership of a specific project s assets for the County and City; the proportionate participation, management and operation of a specific project by the County and City; or the procedures and policies for the evaluation of any contractors and agents to be retained by the Joint Powers Board for operations or management related to projects. 13. Severability. The terms, provisions and conditions of this agreement are severable. If any term or provision of this agreement or its application to any person or circumstance is determined by a court of proper jurisdiction to be invalid, such invalidation shall be limited to such person, circumstance, term or provision and shall not affect other persons, circumstances, terms or provisions which can be given effect without the invalid provision or application. 14. Effective Date. This Joint Powers Board Agreement, and any amendment hereto, shall become effective upon completion of all of the following: a. Approval by the governing bodies of the City and County represented herein; b. Approval by the Wyoming Attorney General; c. The filing of this Agreement with the keeper of records of the County and City represented herein. 15. Withdrawal from Joint Powers Board. Upon providing reasonable advance written notice of such intent, the County or City may withdraw from participation in the Joint Powers Board created hereunder and from further responsibilities or benefits imposed upon or provided to such withdrawing agency hereunder. Withdrawal shall not be effective unless approved by the governing body of the County or City. No withdrawal shall be allowed or effective until all financial obligations of any withdrawing entity are resolved, eliminated or accepted by the remaining members. 16. Third Parties. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to the Agreement, and shall inure solely to the benefit of the parties to this Agreement. 17. Governmental / Sovereign Immunity. The governmental parties to this Joint Powers Agreement do not waive their Governmental/Sovereign Immunity, as provided by any applicable law including W.S et seq., by entering into this Agreement. Further, the parties fully retain all immunities and defenses provided by law with regard to any action, whether in tort, contract or any other theory of law, based on this Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 6

7 LARAMIE COUNTY COMMUNITY JUVENILE SERVICES JOINT POWERS BOARD AGREEMENT SIGNATURE PAGE THIS AGREEMENT MAY BE SIGNED IN SEPARATE COUNTERPARTS. FOR LARAMIE COUNTY: DATED AND APPROVED this day of, BY: Jeff Ketcham, Chairman, Board of Commissioners ATTEST: Debbye Lathrop, Laramie County Clerk FOR CITY OF CHEYENNE: DATED AND APPROVED this day of, BY: Richard L. Kaysen, Mayor ATTEST: Carol Intlekofer, City Clerk REVIEWED AND APPROVED AS TO FORM ONLY: Mark Voss, Laramie County Attorney Daniel White, Cheyenne City Attorney 7

8 In accordance with Wyo. Stat (a)(iii), this Joint Powers Agreement has been reviewed by the Attorney General of Wyoming, and the Attorney General has determined that the Agreement is compatible with the laws and the Constitution of the State of Wyoming. The approval of this Agreement by the Attorney General is limited to the terms and conditions of the Agreement itself and the approval does not extent to any individual project, nor the financing of any individual project, contemplated under the agreement. APPROVED this day of, STATE OF WYOMING: By: Attorney General 8