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AMENDED AND RESTATED JOINT POWERS AGREEMENT <br /> of the <br /> ASSOCIATED COMMUNITY ACTION PROGRAM <br /> THIS AMENDED AND RESTATED JOINT POWERS AGREEMENT is made and <br /> entered into this _ day of___ 2011 by and among the County of Alameda, a political <br /> subdivision of the State of California ("County"), and the cities of Alameda, Albany, Dublin, <br /> Emeryville, Fremont, Hayward, Livermore, Newark, Piedmont, Pleasanton, San Lcandro, and <br /> Union City, all of which are municipal corporations (collectively "Cities"). County and Cities are <br /> collectively referred to herein as the "Members." <br /> RECITALS <br /> 1. County and Cities are apparent parties to that certain Joint Powers Agreement, <br /> dated July 12, 1994 (the "Original JPA"), which created the reformed joint powers agency <br /> designated as Associated Community Action Program, or ACAP. <br /> 2. The purpose of the reformed ACAP was to plan, develop, and administer <br /> programs under the federal Community Services Block Grant program (42 U.S.C. 9901 et seq.) <br /> and implementing state law. <br /> 3. For such purposes, ACAP had been designated as a Community Action Agency. <br /> 4. Due to significant financial issues, the Board of Directors of ACAP in the Spring <br /> of 2011 chose to terminate its participation in various state and federal program and to <br /> effectively "go out of business." <br /> 5. Since that time, ACAP's management, County, and Cities have been engaged in <br /> winding up its affairs, and the parties have found the current ACAP governance structure <br /> cumbersome for such purposes. <br /> 6. ACAP's management proposed that the Original JPA be amended to streamline <br /> the governance of ACAP so as to reflect the current need of ACAP's member agencies (i.e. <br /> County and Cities) to wind up ACAP's affairs as soon as possible. <br /> 7. In accordance with ACAP management's proposal, the parties now wish to <br /> amend and restate the Original JPA without affecting the continuing existence of ACAP. <br /> AGREEMENT <br /> I. ORGANIZATION <br /> A. Name of Agency. The Agency continued for the purpose of <br /> administering this agreement shall be designated as the Associated Community Action Program. <br /> B. Purpose of Agreement. The purpose of this agreement is to continue the <br /> existence of ACAP for the sole purpose of winding up its affairs. <br /> —1— <br />