SR-02-14-1978-11Ai
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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,
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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)