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SR-02-14-1978-11Ai 7 Agenda Item 11 -A: Presented at this time was the recommendation for ' approval of the Joint Powers Agreement to establish a Southwest Regional Training Center. City Manager Williams said that approval of the staff recommendation would provide that the City of Santa Monica participate . + with the twelve cities listed in the report for participation in a joint powers agreement for training at no additional cost to the City. The Council discussed with staff members the possible proliferation of expenditures and personnel related to participation in the training centers service. Councilmember Reed moved to approve entering into a. ;.Joint Exercise of Powers Agreement Con,Eract No. 2473(CCS) ! the Southwest Regional Training Center as a public agency; �tosauthorizeg the City Manager to.forward such approval to the Center; and to request the staff to make an annual report to the City Council regarding the City's participation in the program.. Second by Councilmember Trives. Council Vote: Affirmative: Councilmembers Bambrick, Reed, t Scot, Trives, Swink i Negative: Councilmember Cohen Absent.: .Councilmember van den Steenhoven CITY COUNCIL MINUTES FEBRUARY 14, 1978 Santa M Cca, California, January 13, 1973 TO: Mayor and Council FROM: City Staff FEB 'l 41978 SUBJECT: Proposed Joint Exercise of Powers Agreement Establishing Southwest Regional Training Center as a Public Agency Introduction The City is presently participating with 35 other local governments in the use of the facilities of the Southwest Regional Training Center for the training, development and performance improvement of personnel. Because of the expiration of the City of Redondo Beach's priire sponsorship, the SRTC Executive Committee -- consisting of the 12 Cities of Santa Monica, Burbank, Carson, Compton, Culver City, E1 Segundo, Gardena, Glendale, Inglewood, La,,mdale, Manhattan Beach and Redondo Beach- -has decided to restructure 'the Center as an independent legal agency under a Joint Powers Agreement. Back rg ound The SRTC was formed in March, 1976,- by local governments in Los Angeles County to present low -cost, job - related training for public employees in the metropolitan area. Funding is through the federal Intergovernmental Personnel Act of 1970, which enables the Center to be non - profit and sel.'.- supporting and to set fees reflecting actual costs of delivering programs and services, at a savings of about half the cost of private sources. Quality of programs has been consistently high: on a scale of 0 (poor) to 10 (excellent), participants have rated Center programs an average of 8.5. Of those 3000 participants, over 200 have been Santa Monica employees - -52 in 1976 -77 and 1.57 in 1977 -78. Santa Monica is one of the most frequent users of the service of all participating agencies. Mayor and City Counc February 7, 1978 Page Two Advantages of a Joint Powers Agency The Executive Committee Feels that a joint powers agreement is the most cost - effective independent legal status. It- enables the Center to take advantage of additional operational costs savings available to State agencies, thereby enabling it to maintain lower °fees. The Center can accept Grant funds 'directly and can enter into contracts independently of member agencies. Individual agency liability for the Center's operation is thereby minimized. Advantages of Joint Powers Agency Membership 1. Member agencies will participate in the "ownership" of a nonprofit, self- supporting, cooperatively administered public agency, by serving as voting members of a joint powers board. 2. Member agencies will have a voice in setting direction and priorities S -for program development and services most responsive to their own training and operational needs. 3. Member agencies will direct the management. and operation of the Center by establishing overall policy for the Center; appointing and /or termin- ating the Executive Director; providing final approval of the budget; and maintaining appropriate liaison between their agencies and the Center. 4. Member agencies can join without paying membership fees. Center oper- ational expenses will be paid through fees charged for participation in Center programs and services. 5. Member agencies will be financially protected. Member agencies will incur no liabilities for Center debts. Through the independent status of a JPA, the Center will be protected with appropriate insurance, fidelity bonds and other coverage as determined.by the Board. Mayor and City Council February 7, 1978 Page Three Recommendation It is recommended that the Council approve entering into a Joint Exercise of Powers Agreement and that such approval be forwarded by the City Manager to the Southwest Regional Training Center. An outline of the proposed Agreement is attached. Prepared by: R. N. Aronoff, Director, Administrative Services ,f CA 78 -01 RLK:l Council Mtg: 2 -14 -78 TO: Mayor and City Council FROM: City Attorney Santa Monica, California January 13, 1978 SUBJECT: Joint Powers Agreement Southwest Regional Training Center Introduction The following staff report sets forth the legal analysis and recommendations concerning the above - referenced report and the recommendation,that the report be adopted, potential legal problems having been resolved. Background The joint powers agreement was submitted to us for our review and recommendations. The terms of the agreement basically provide for the creation of an agency pursuant to the provisions of the Government Code relating to the governing of joint powers as exercised by governmental bodies in California. The purpose of the joint powers agreement set forth in Article 1 of the agreement is to assist the parties in their common efforts to conduct needs assessments, and implement, and evaluate employee training which shall include but not be limited to the holding of seminars, conferences, workshop training sessions, -1- CA 78 -01 RLK:lo 1 -13 -78 consultations and other educational and training activities. The reason for utilizing joint powers arrangements is to avoid unnecessary duplications of service and to obtain cooperation and the optimum utilization and cost savings by the member agencies. The City of Redondo Beach was originally a prime sponsor, but now the other member agencies have formulated a group agency to operate all training activities. The City of Redondo Beach will still facilitate various functions through February, 1979 in connection with the payment and accounting services necessary to facilitate the project. Alternative Solutions The alternatives are to approve, disapprove, or approve the joint powers agreement subject to modifications desired by the City Council. Recommendation It is recommended that the attached agreement be approved. Prepared by: Richard L. Knickerbocker, City Attorney -2- U JOINT EXERCISE OF POWERS AGREEMENT establishing SOUTHWEST REGIONAL TRAINING CENTER as a public agency This AGREEMENT date for convenience this day of 1977, 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 and employee development services, in order to respond to the con- straints 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 to the enhancement of employee performance through development, and motivation of personnel; and WHEREAS, the parties believe that by joining together to provide educational' and training services for their common benefit, such services can be delivered on a regional, intergovernmental, cooper- ative basis at greater cost effectiveness and greater responsiveness 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 services and to join in association and expend public funds for these purposes; and -z- WHEREAS, Title I, 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 terms and conditions hereinafter set forth, it is agreed as follows: 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 6506 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 1. AGENCY TO ADMINISTER THE AGREEMENT: The 'CENTER' is designated as the agency to administer this agreement. -3- - 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, instructors, 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 dispose of pro- perty; and to incur debts, liabilities or obligations necessary 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 own name. SECTION 3. RESTRICTIONS: Such power is subject to the restrictions upon the manner of exercising the power of one of the contracting parties, which party shall be designated by this AGREEMENT as the City of Redondo Beach. 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 1. MEMBERSHIP: The parties intend that the CENTER will be self- supporting, deriving its revenue from,(fees charged for services -4- provided, Grants-In-Aid, gifts, 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 within, but not be limited to the Los Angeles Metropolitan Area. Membership in the CENTER may be gained by becoming a party to this AGREEMENT, upon formation, or as provided in the 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 priorties of the Center; the recruitment, hiring, definition of primary duties and responsibilities, and termination of the Executive Director; approval of other staff positions for the Center as it may deem necessary; adopting an annual operating budget; maintaining appropriate liaison between member agencies and the Center; determing appropriate insurance, fidelity bonds, and other coverage of the Center; and adopting a set of By- Laws for the conduct of meetings, duties, and additional responsibilities of Board members and the business of the Center. SECTION 2. COMPOSITION AND ALTERNATES: The Board shall consist of one representative from each agency which becomes a member of 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 ®5- member. Each member shall 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 not be effective until filed with the BOARD. 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 Bylaws, 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 Bylaws. SECTION 5. MEETINGS: The BOARD shall provide for its regular and special meetings, provided, however, it shall hold at least two reg- ular meetings each fiscal year. All meetings of the BOARD shall be ME 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 Bylaws. SECTION 5. 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 chairperson and the Center Executive Cirector shall be ex officio a member of all committees except the nomination committee. The BOARD may appoint an Executive Committee which shall be empowered to conduct that portion of the business of the CENTER as has been specifically delegated to it by the BOARD. ATXICLE V: FINANCE SECTION 1. 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 discretion 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 conform to all the provisions of Article I 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. -7- 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 sums due from the CENTER from CENTER money or any portion thereof, upon warrants of the Controller. D. Verify and report in writing on the lst 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. E. 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. F. 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. SECTION 2.2. DUTIES OF THE AUDITOR - CONTROLLER: The Financial Manager of Califonria State University, Dominguez Hills, in performing the func- tions of Auditor - Controller of the CENTER shall: A. Draw warrants to 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 or 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 tha parties to this agreement, and with the Auditor of the County of Los Angeles. Such report shall be filed within 120 days of the end of the fiscal year under examination. SECTION 4. 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 5. 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 nec- essities of CENTER operation. 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: The Executive Director of the CENTER shall be res- ponsible for selecting and terminating CENTER staff. CENTER staff shall be employees of the City of Redondo Beach through February 1979. -9- y' i The City of Redondo Beach shall determine charges to be borne by the CENTER for this service. 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 development 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. SEVERABILITY: Should any part, term, portion, or pro- vision 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 to constitute the agreement that the parties intended to enter into in the first instance. SECTION 3. SUCCESSORS: This Agreement shall be binding upon and shall insure to the benefit of the successors of the parties SECTION 4. DURATION: This Agreement shall become effective upon execution by member agencies and shall continue in full force and effort until terminated, as provided below. The procedure for the addition of parties after formation shall be outlined in the Bylaws. SECTION 5. WITHDRAWAL: Any member agency may withdraw from this Agreement by adoption of a resolution by its governing body and by _10- provision of written notice of withdrawal to the BOARD of the CENTER. Withdrawal shall not constitute an automatic right to reimbursement of any moneys previously paid to the CENTER, except in the event that the BOARD may authorize such reimbursement if, in its judgement, such reim- bursement is fair and equitable and can be done without jeopardy to the operation of the CENTER. SECTION 6. 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. c SECTION 7. DISPOSITION OF ASSETS: Upon termination of this Agreement, all property of the CENTER shall automatically vest in the parties to this Agreement. All such property, other than money hereinafter pro- vided for, shall be distributed to the agencies who are, or have been, parties to the Agreement according to the following formula: Such property, equipment, furniture or furnishings which can be identified as having been contributed by any party to this Agreement shall be transferred to and become the property of the party contributing such property, equipment, furniture or furnishings. Any other property of the CENTER shall be distributed among the parties to this Agreement, each party to receive the proportion that the amount of money, if any, contributed to the CENTER by such party bears to the total amount of money contributed to the CENTER by all parties to this Agreement. All money on hand at the termination of this Agreement, after payment of or making provision for payment of all obligations incurred by the CENTER under this agreement shall be distributed to the agencies who are, or have been parties to the agreement in proportion to the con- tributions made by such parties as determined by the BOARD. SECTION 8. 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. Reference: Contract No. 2473 (CCS)