HomeMy Public PortalAbout78-032 (04-18-78)t
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RESOLUTION NO.. 7tS-32
A RESOLUTION OF THE CITY COUNCIL OF~THE CITY OF
LYNWOOD TO PARTICIPATE IN .JOINT POWERS AGREEMENT
ESTABLISHING SOUTHWEST REGIONAL TRAINING CENTER
This AGREEMENT dated corr,menring this 13th day of February, 1y7f3 by and
between the agencies listed in Exhibit A, witnesseth:
WHEREAS, ~the.partieS hereto believe that employee and managerial
performance should be enhanced through continued education, training
anal employee development services, in order to respond to the.
constraints of limited revenues and increasing demands for
government services; and
WHEREAS, the parties hereto recognize that,there.is a need for the
establishment of an agency to provide the opportunity for the parties
. to discuss, study, and solve common or similar problems with respect
ao the enhancement of employee performance through development, and
motivation of personnel; and
WHEREAS; the parties believe. that by joining together to provide
educational an d, training services for their common benefit, such
s.er,vices can .be delivered on a regional, intergovernmental, co-
.operative. basis at greater cost effectiveness and greater respon-
siveness than would otherwise be available; and
~WHEREAS;'the parties hereto possess in common the power to conduct
needs. assessment and ~to develop, implement. and evaluate training
and employee development~serv.ices and to join in association and
expend public funds for those purposes; and
WHEREAS, Title 1, Division~7, Chapter 5 of the Government Code of the_
State of California commencing. with Section 6500, hereinafter referred
to as the 'ACT', authorizes the joint exercise .by agreement of two or
more~.public agencies of any power common to them; and
NOW THEREFORE, in consideration of the mutual term s and conditions
hereinafter set forth it is agreed as follows:
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ARTICLE I: PURPOSE OF AGREEMENT
The purpose of this AGREEMENT is to exercise the powers common to
City and State agencies by creating an agency, pursuant to Section
650.6 of the 'ACT', to be known as the SOUTHWEST REGIONAL TRAINING
.CENTER (.hereinafter referred to as 'CENTER'). The CENTER shall assist
the parties in their common efforts to conduct needs, assessments,
discuss, develop, implement,. and evaluate. training and employee
development services which shall include but not be limited to the
holding of seminars, conferences, workshop training sessions, con-
sultations and other educational and training activities. This
purpose will be .accomplished and the common power exercised jointly
in accordance with the By Laws of said Agency, to be adopted by the
Board of Directors.
ARTICLE II: POWERS OF THE CENTER
SECTION. I, AGENCY TO ADMINISTER THE AGREEMENT: The !CENTER' is
designated as the agency to administer this AGREEMENT.
. SECTION 2. POWERS: The CENTER acting by and through its Board of
Directors shall have such powers in its own name as are necessary
to carry out the purpose hereinabove stated including; -but not
limited to, the power to contract for goods and services;. the
selection, employment, development and utilization of necessary
staff, instruct-ors, consultants and those knowledgeable in specialized
areas; to market training and development services to eligible public
agencies; to rent or lease facilities; to apply for and accept grants
loans, gifts, volunteer and in-lieu services; to acquire, hold and dis-
pose of property; and to incur debts, liabilities or obligations nec-
essary for the accomplishment of its purpose. In addition to the above
powers the CENTER shall have the power to sue or be .sued in its one
name.
SECTION 3. RESTRICTIONS: Such powers are subject to the restrictions
on the exercise of such power .applicable to the undersigned..
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SECTION 4. LIABILITY OF MEMBERS: The CENTER is a public entity
separate from the parties to the AGREEMENT ._ The debts, liabilities,
or obligations of the CENTER shall not be the debts, liabilities,
or obligations of any or all of the parties to this AGREEMENT.
ARTICLE III: MEMBERS OF THE AGREEMENT
SECTION I. MEMBERSHIP: The parties intend that the CENTER will be
self-supporting, deriving its revenue from reasonable fees charged".
for services provided, Grants-In-Aid; or other sources approved by
the BOARD. No membership fee is required. Membership in the CENTER
shall be open to any and all public agencies servicing the greater Los'
Angeles Metropolitan Area. Memebership in the CENTER may be gained
by becoming a party to this .AGREEMENT, upon formation, or as provided.
in tha By-Laws, at a later date. The representatives of these member
agencies shall. constitute the Board of Directors, hereinafter referred
to as 'BOARD' who shall administer the CENTER.
ARTICLE IV: BOARD OF DIRECTORS
.SECTION 1. RESPONSIBILITIES: The BOARD shall be responsible for:
determining the overall policy and priorities of the CENTER: the
recruitment, hiring, definition of primary duties and responsibil-
ivies off' Board members and the business of the CENTER.
SSECTION 2. COMPOSITION AND ALTERNATES: The BOARD shall be .composed
of the Chief Administrative officers of the parties to this AGREEMENT.
Each member shall appoint an alternate member who shall serve on the
Board when the appointing member is absent. Such alternate .member
when so serving shall have. all the powers of the member. Each
member sha l file with the BOARD a written notice of appointment of
an alternate. The appointment of an alternate member may be revoked
at any time by. the appointing member, provided, however., that such
revocation of appointment shall riot be effective until filed with the
BOARD.
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The designated members of the Board of Directors and their alternates
shall be entitled to membership on the BOARD only during such time
as the party through whom they derive their office remains a party
to this AGREEMENT. The members of the Board of Directors shall be
listed in Exhibit A.
In a manner provided in the. By-Laws, the representatives of the parties.
to this AGREEMENT may select ex-officio, non-voting, persons to sit on
the BOARD in an advisory capacity.
SECTION 3. VOTING: Each member of the BOARD shall have one vote.
A majority of the members of the BOARD must be present to constitute
a quorum for the transaction of business. No act of the BOARD shall
be valid unless a majority of the quorum of those present concurs
therein.
SECTION 4. OFFICERS OF THE BOARD: The principal officers of the
BOARD shall consist of a Chairperson; Secretary, and Treasurer.
Additional officers may be created by the .BOARD as deemed necessary by
a,majority vote of the BOARD. Election, term of office,- and duties
shall be set forth in the By-Laws.
SECTION 5. MEETINGS: The BOARD shall provide for its regular and
special meeting, provided, however, it shall hold at least two regular
meetings each fiscal year. All meetings of the BOARD shall be called,
announced, held and conducted in accordance with the provision of the
Ralph M. Brown Act (commencing with section 54950 of the Government
Code) and the By-Laws.
SECTION 6. COMMITTEES: The BOARD may designate any number of
Committees and determine their composition and assignment. These
Committees shall act in an advisory-capacity to the BOARD. The chair-
person and the Center Executive Director shall be ex officio members
of all committees except the nomination committee. The BOARD may appoint
an Executive Committee which shall be empowered to conduct that
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portion of the business of the CENTER as has been specifically
delegated to it by the BOARD.
ARTICLE V: FINANCE
SECTION I. FINANCIAL SERVICES: The California State University,
Dominguez Hills, operating through the University Foundation, will
initially act as Treasurer of the CENTER and will serve at the dis-
cretion of the BOARD. The University Financial Manager, California
State University, Dominguez Hills, operating through the University
Foundation, will initially act as Auditor-Controller of the CENTER
and will serve at the discretion of the BOARD. All funds received
by the CENTER shall be strictly accounted for, and in performing such
duties said Treasurer and Auditor-Controller shall comply with and
perform to all provisions of Article 1 of the 'ACT'.
The Governing Board of California State University, Dominguez Hills
shall determine the charges to be made against the CENTER for the
services of Treasurer and Auditor-Controller.
SECTION 2. ACCOUNTS AND REPORTS:
SECTION 2.1. DUTIES OF THE TREASURER: Pursuant the ACT, Section
6505.5, the Treasurer of the CENTER shall:
A. Receive and receipt for all money of the CENTER, and place it in
the treasury of said Treasurer to the credit of the CENTER.
B. Be responsible upon his/her official bond for the safekeeping
of all CENTER money so held by him/her.
C. Pay any other sum due from the CENTER from CENTER money or any
portion thereof, upon warrants of the Controller.
D, Verify and report in writing on the 1st day of July, October,
January, and April of each year to the CENTER and to each of the
parties to this AGREEMENT the amount of money he/she holds for the
CENTER, the amount of receipts since the last report, and the amount
paid out since the last report.
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SECTION 2.2. DUTIES OF THE AUDITOR-CONTROLLER: The Financial
Manager of California State University, Dominguez Hills, in perform-
ing the functions of Auditor-Controller of the CENTER shall:.
A. Draw warrants tQ pay demands against the CENTER when the demands
have been approved by the BOARD or the Executive Director of the
CENTER.
B. Either make or contract with a certified public accountant to
make an annual audit.of the accounts and records of the CENTER.
The minimum requirements of. the audit shall be those prescribed
by the State Controller for special districts under Section 26909
of the Government Code, and shall conform to generally accepted
auditing standards.
C. File a report of the annual audit with each of the parties to
this AGREEMENT, and with the Auditor of the County of Los Angeles.
Such report shall be file d. within 120 days of the~end of the fiscal
year under examination.
SECTION 3. FINANCIAL PROTECTION: The CENTER shall. be protected with
appropriate insurance, fidelity bonds, and other coverage as determined,
by the BOARD. These costs, legal fees, costs for financial services
and the annual audit shall be paid by the CENTER or may be voluntarily
paid by one or more member agencies as a contribution.
SECTION 4. INVESTMENTS: The Treasurer, at the direction.of the
CENTER Executive Director, shall invest any money in the treasury
pursuant to Section 6505.5 of the ACT that is not required for the
immediate necessities of CENTER operation.
SECTION S. INSPECTION OF RECORDS: The books and records of the CENTER
in the hands of the Treasurer shall be open to inspection at all
reasonable times by the parties hereto.
SECTION 6. REVOLVING FUND: A revolving fund checking account, in an
amount to be determined by the BOARD, shall be established for the
CENTER, from its revenues, in its own name for services necessary for
day to day operation.
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ARTICLE VI: CENTER LOCATION AND STAFFING
SECTION 1. LOCATION: The principal. office of the CENTER shall be
located on the campus of the California State University, Dominguez
Hills, in the City of'Carson, California: The BOARD has full power
and authority to change said principal office from one location to
another.
SECTION 2. STAFF: CENTER Staff shall be employees of the City of
Redondo Beach through February 13, 1978. "
Effective February 14, 1978, the CENTER will deposit a salary fund,
equivalent to two (2) normal SRTC pay periods, with the City of
Redondo .B each. Thereafter, a minimum deposit,,•equivalent to one payroll
period shall remain in the .account at all times.
The City of Redondo Beach shall periodically bill the- CENTER for payroll
charges, as well- as actual staff time spent to prepare .and maintain the
payroll. account.
ARTICLE VII: CONTINUATION OF AGREEMENT _
SECTION 1. NONMEMBER PARTICIPATION: All public agencies.-in the
Los Angeles Metropolitan area,•are eligible to participate in
training and employee developmen"t activities and services offered
through the CENTER, subject to availability of space or upon such•terms
and conditions as agreed by the BOARD.
SECTION 2. ADDITION OF PARTIES: Any public agency as defined in j
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Section 6500 of the Government Code and having the powers ~n Article ~
I thereof., which. may desire to join and participate in the activities
of "the CENTER after February, 1978, may do so by executing this
- AGREEMENT .with prior approval and ratification of a majority of the
representatives of the existing parties to this AGREEMENT.; to be -
effective immediately unless otherwise specified in an application
for membership; and shall therefore be bound by all of the terms and
provisions of this AGREEMENT as of the date of execution.
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SECTION 3. SEVERABILITY: Should any part, term, portion, or provision
of this AGREEMENT be by the courts decided to be illegal or in
conflict with any law of the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of the remaining
parts, terms, portions, or provisions shall be deemed severable and
shall not be affected thereby, provided such remaining portions or
provisions can be construed in substance to continue the AGREEMENT
that the parties intended to enter into in the first instance.
SECTION 4. SUCCESSORS: This AGREEMENT shall be binding upon and
shall insure to the benefit of the successors of the parties.
SECTION 5. DURATION: This AGREEMENT shall become effective upon
execution by any two member agencies and shall continue in full
force and effect until terminated, as provided below.
SECTION 6. WITHDRAWAL: Any member agency may withdraw from this
AGREEMENT by adoption of a resolution by its governing body and by
provision of written notice of withdrawal to the BOARD of the CENTER.
Withdrawal shall not constitute an automatic right to reimbursement
of contributions previously made to the CENTER, except in the event
that the BOARD may authorize such reimbursement if, in its judgement,
such reimbursement is fair and equitable and can be done without
jeopardy to the operation of the CENTER.
SECTION 7. TERMINATION: This AGREEMENT and the CENTER may be
terminated effective not sooner than ninety days after adoption of
a resolution to that effect by two thirds of the BOARD, or by one
party if there are just two member agencies.
SECTION 8. DISPOSITION OF ASSETS: Upon termination of this
AGREEMENT, all property of the CENTER shall be distributed among the
parties hereto as the BOARD of Directors may determine. Upon
termination of this AGREEMENT, ariy surplus money in the possession
of the CENTER after the payment of all costs, expenses, and charges
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validly incurred under this AGREEMENT shall be returned to the parties
in proportion to their respective contributions, to be determined by
the Board of Directors as of the time of termination.
SECTION 9. AMENDMENTS: This AGREEMENT may be amended at any time by
two-thirds majority consent of all member agencies. In the event
there are only two member agencies, amendments may be made at any time
by unanimous consent.
Exhibit A
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IN WITNESS WHEREOF the parties hereto have caused this AGREEMENT to
be executed and attested by their duly authorized officers.
CHINO BASIN MUNICIPAL
WATER DISTRICT
By:
Chairman of the Board
ATTEST:
Board Secretary, Chino Basin
Municipal Water District
$y:
Dated:
CITY OF CULVER CITY
By:
Mayor
CITY OF DOWNEY
By:
Mayor "
CITY OF EL SEGUNDO
By:
Mayor '
CITY OF INGLEWOOD,
BY:
Mayor
CITY.OF LAWNDALE
By:
Mayor '
~ -CITY OF LYNWOOD
By
ayor
CITY OF MANHATTAN BEACH
By;
Mayor. '
CITY CLERK; CITY OF CULVER CITY
By:
Dated:
CITY CLERK, CITY OF DOWNEY.
By:
DATED:
CITY CLERK,CITY OF EL SEGUNDO
By:
Dated:
CITY CLERK, CITY OF ING~,EWOOD
By:
Dated:
CITY CLERK, CITY OF LAWNDALE
By:
Dated;
CITY CLERK, CITY OF LYNWOOD
By
Dated , / /~
CITY CLERK, CITY OF MANHATTAN BEACH
By:
Dated:
CITY OF MONTEREY PARK
By:
Mayor
CITY OF RANCHO PALOS VERDES
By:
CITY OF REDONDO BEACH
By:
CITY OF SANTA MONICA
By:
SOUTHEAST RECREATION &
PARK DISTRICT
By:
Chairman of the Board of
Directors
CITY OF SOUTHGATE
By:
Mayor
CITY OF STANTON
By:
Mayor.
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CITY CLERK, CITY OF MONTEREY PARK
By:
Dated:
CITY CLERK, CITY OF RANCHO PALOS
VERDES
i
i
By
Dated: ~
i
i
CITY CLERK, CITY OF REDONDO BEACH
f
By'
Dated:
CITY CLERK, CITY OF SANTA MONICA
i
sy:
Dated. '
SOUTHEAST RECREATION & PARK DIST. I
I
i
i
By
_____ t
Dated:
I
CITY CLERK, CITY OF SOUTHEATE ~
By:
- I
Dated:
CITY CLERK, CITY OF STANTON t
i
By.
Dated:
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STATE OF CALIFORNIA
DEPARTMENT OF SAVINGS
& LOAN
By:
Commissioner
ADMINISTRATIVE SERVICE OFFICER
By:
Dated:
STATE OF CALIFORNIA
STATE PERSONNEL BOARD
By:
Executive Officer
CALIFORNIA STATE UNIVERSITY
DOMINGUEZ HILLS
By:
CALIFORNIA STATE UNIVERSITY,
LOS ANGELES
By:
BY=
Dated:
By:
Dated:
By:
Dated:
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, do hereby certify that the foregoing resolution was
passed and adopted by the City Council of the City of Lynwood
at a regular meeting held on the lath day
of April 197.
AYES: Councilmen BYORK, GREEN, MORRIS, ROWE, HIGGINS.
NOES: Councilmen NONE.
ABSENT: Councilmen NONE.
` City Clerk, City of L n ood
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