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HomeMy Public PortalAbout78-032 (04-18-78)t e - 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: ,. ~ -2- 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.. -3- 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. -4- 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 -5- 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. -6- 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. -7- 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 i 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. ., ~ .. . i " • ~ -8- 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 . -9- 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 -10- 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. -11- 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: -12- 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 ...