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HomeMy WebLinkAboutCC RESO 10,935RESOLUTION NO. 10,935 RESOLUTION AUTHORIZING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT TO CREATE THE SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAIN- ING AND DEVELOPMENT CENTER BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to execute a Joint Exercise of Powers Agree- ment creating the Southern California Intergovernmental Training and Development Center. PASSED AND ADOPTED this 9th day of January, 1973. ATTEST: COUNT' OF SAN DIEGO INTER -DEPARTMENTAL CORRESPONDENCE DATE Dec. 6, 1972 TO: Board of Supervisors FROM: Chief Administrative Officer REGIONAL TRAINING CENTER For approximately two years, the Director of'Personnel has been working cooperatively with the State, certain local units of the Federal government, and the 13 cities in the County to establish a Regional. Training Center. The purpose of such a Center is to provide training and consultation to all public jurisdictions in the San Diego region for the improvement of skills and effective- ness of public servants at the lowest possible cost. It was our opinion that needed training programs which might not be possible to provide or obtain for any single public entity could be provided economically through joint participation and cooperation of local jurisdictions. A Regional Training Center as now proposed can provide the means for intergovernmental training through the exercise of a joint powers agreement for participation by a number of agencies. This has been made possible by the availability of funds from the State through the Federal Intergovernmental Personnel Act and the Federal government's loan of a training manager for these purposes. Costs to the County would be limited to the costs per employee for the training courses in which we participate and would vary with the nature and duration of individual training sessions. County Counsel has prepared an appropriate form of a joint powers agreement (attached) which, if adopted by any five public agencies (e.g., the County, three county cities and the State of California) can create a "Southern California Intergovernmental Training and Development Center." Counsel advises that the agreement meets the conditions required for legality and satisfactory substantive con- tent for execution. This same agreement has been made available to all the City Managers who have reacted favorably to the concept, have expressed an interest in participation, and are prepared to bring this agreement before their respective councils. RECEIVED DEC 11 1972 CITY MANAGER NATIONAL CITY Board of Supervisors -2- Dec. 6, 1972 RECOMMENDATION: That your Board 1. Approve in principle the establishment of a Regional Training Center to be known as the "Southern California Intergovernmental Training and Development Center," and authorize the execution of the Joint Powers Agreement for participation, such participation to be subject to the approval of the agreement by at least four other public agencies. 2. Authorize the Auditor and Controller to hold in trust, upon receipt, and disburse upon authorization, grant funds being made available for this program through the Federal Training Manager assigned to this program pending the effective operational date of the agreement. Discussion There are a number of factors that your Board should be aware of relative to the operation of the Regional Training Center as spelled out in the Joint Powers Agreement. These are briefly out, - lined below to give you the basis for its implementation and operation. Effective Date. The agreement will become effective, and the Center created will be fully operational on January 1, 1973 provided by that time any five of the specified public agencies therein have signed the agreement. It is intended that as soon thereafter as practicable, a Board of Directors as described below, would meet for the purposes of organizing the Center. Governing Board. The Training Center would be administered by a Board of Directors equal in number to the number of parties who become and remain parties to the agreement. The members would be the Chief Administrative Officer, the City Managers from each of the participating cities, and the State Training Officer, or their designated alternates. The Board will be empowered to make all decisions in regard to hiring, space, equipment, training services and fiscal decisions, and will hire an Executive Director for the management of these activ- ities. Other public entities such as school districts, special districts, service areas, and the like will be afforded the opportunity of training through the Center without the need to become a participating member. Voting. Each member of the Governing Board shall have one vote. No action will be taken unless concurred in by a majority of the number of members on the Board.. Board of Supervisors -3- Dec. 6, 1972 Budget. Annually, not later than June 1, the Board of Directors shall adopt a budget for the fiscal year (July 1- June 30) and shall file a copy of such budget with each party to the agreement no later than July 1. Costs. Start-up funds have been made available from the State and Federal governments for three years (about $10,000 per year). As previously stated, the actual costs of each training activity will be paid by the participant and there- fore spread across a broader base. Experience in Regional Training Centers in the counties of Fresno and Alameda indi- cate that they can become completely self-supporting within two to three years and costs remain lower than any similar training available. At the same time, there are no required fiscal obligations such as pre -payment, contributions, etc., by the jurisdictions. Accounts and Reports. The Treasurer of the County of San Diego is designated the depository of the Center and he shall have custody of all the money, from whatever source, and shall be accountable for receipt and payments, upon proper authori- zation. The Auditor shall perform the functions of Auditor and Con- troller of the Center. Proper charges for the services of the Treasurer and Auditor will be determined, said charges to be made against and paid by the Center. The Center shall be accountable for all funds and shall keep proper books of records and accounts and all transactions. Staff. No large staff is anticipated. The Federal government has loaned an experienced training manager to put the Center in operation on a self-supporting basis. To maintain continuity of present planning, this manager will undoubtedly be the Executive Director upon creation of the Center. In support of the Executive Director would probably be one secretarial position. A basic purpose of the joint center is to facilitate sharing of skills, -talents and expertise of in-house employees and the service of outside experts andconsultants will be retained only as needed. Facilities and Equipment. It is intended that a minimal investment of expenditure be made for space and equipment in order to avoid creating a high overhead cost factor. Initially, the office space and items of administrative and training equip- ment will be paid for by Federal funds. As required, space and equipment will be borrowed or rented for each training project or activity as authorized by the Governing Board. Board of Supervisors -4- Dec. 6, 1972 i• Services. The Center is designed to offer and provide training, consultation, technical assistance, needs analysis, grantsmanship, and materials. These services will be avail- able in a variety of topical areas, ranging from top manage- ment development to basic skills training, depending on current or projected needs. Training will be patterned to meet one or more of the following five basic objectives: 1. Help solve operating problems. 2. Implementation of policy and management decisions. 3. Improvement of basic skills. 4. The crossing of jurisdictional lines to explore common problems, solutions, and to develop coop- erative relationships. 5. The perception and understanding of new trends and new programs in public administration. Schedules, locations, costs, and subjects will be flexible, relative to the needs of the requesting or participating agencies and will not duplicate local college or vocational courses that are convenient, available, and inexpensive. Summary. The regional training concept, in the making for some time, and now having the support of State and Federal sources and an enthusiastic response reflected from the cities as well as our staff, suggests a program of this nature is highly desirable and appears quite practical in its application. Respectfully submitted, F . M REY Chitf, Administrative Officer PISC1L IMPACT. As indicated, there is no funding required for participation other than fees for courses attended. These costs will be handled through the control of the appropriations currently authorized for these purposes.•. FJM:NE:bpp Attachment CC: County Counsel Agency Heads Director of Personnel Auditor & Controller Treasurer City Managers - All Cities JOINT EXERCISE OF POWERS AGREEMENT CREATING SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER ' THIS AGREEMENT dated for convenience this first day of December, 1972, by and between the State of California, acting through and by the Personnel Board in connection the .City Carlsbad, with its training functions (hereinafter called the State of California), the County of San Diego, C the City is the City of Chula Vista, the City the of of � of Escondido, the Del Mar, the City of El Cajon, City -� �f A of La Mesa, the City of Imperial + Beach, th.. City City ;'=�o"� � a" e"the City of San Diego, National City, the City of Oceanside,of VCity of Sans Die the City of San Marcos, and the City WHEREAS, there is a need for the establishmentoi of an , agency to provide the opportunity for the parties study, and solve common or similar problems with epect to -training, development, and motivation of personnel; the parties possess the powers and desire to solve management problems relating to training and education personnel and may join associations and expend public of their r funds for such purposes; and should WHEREAS, the parties are of• the opinion that they join together to jointly provide educational and training services for their common benefit, and to the extent permissible, to provide such services to other public agencies; NOW, THEREFORE, the parties for and in consideration of the mutual promises and raagreeor ments herein od contndai edlad and the performance thereof, .jcoieera�ion do agree as follows. and G%:G 4uGi,e V`� Section 1. PURPOSE. This agreement is made pursua1tle to the provisions of Article 1, Chapter 5, Division 7, 1 of the Government Code of the State ofCalifornia t (com (commencing with Section 6500, hereinafter called ("Act")) c, County ing State. to the joint exercise of powers common to City, Each party possesses the powers rreferredsto ooinxtthe eiserecitals hereof. The purpose of this agreement parties ine suchur powers by creating an agency to assist the P programs, efforts to develop and implement employee graining guprog ams including the holding of seminars, -1- (10) The City Manager of the City of National City. (11) The City Manager of the City of Oceanside. (12) The City Manager of the City of San Diego. •(13) The City Manager of the City of San Marcos. (14►) The City Manager of the City of Vista. (15) The State Training Officer. Each member shall appoint an alternate member who shall serve on the board at any meeting when the member appointing him is absent. Such alternate member when so serving shall have all the powers of the member. Each member shall file with the Board of Directors a written notice of appointment of his alternate. The appointment of an alternate member may be revoked at any time by the member appointing him, provided, however, that such revocation of appointment shall not be effective until filed with the Board of Directors. C. Meetings of the Governing Board. (1) Regular Meetings. Rules. The Board shall provide for its regular, adjourned regular, and special meetings; provided, however, it shall hold at least one regular meeting in each year. The date, the hour, and the place of any regular meeting shall be fixed by the Board by resolution and filed with each party hereto. The Board shall also adopt rules for the conduct of its meetings. (2) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). (3) Minutes. The Secretary of the Board shall cause to be kept minutes of the meetings, both regular, adjourned regular, and special, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to any party hereto making a special request therefor. -3- (4) Quorum. A majority of the number of members on the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. (5) Voting. Each member of the Board shall have one vote. No action shall be taken by the Board unless concurred in by a majority of the number of members on the Board. D. Officers. The Board shall elect a chairman from among its members, and shall appoint a secretary and executive director who may, but need not, be members. The Board shall. have the power to appoint such other officers and employees as it may deem necessary, and shall adopt a set of bylaws for the conduct of the business of the Center. The Treasurer of the Center shall be the Treasurer of the County of San Diego. The Auditor and Controller of the Center shall be the Auditor and Controller of the County of San Diego. In performing such duties, said Treasurer and Auditor and Controller shall comply with and conform to all the provisions of Article 1 (commencing at Section 6500), Chapter 5, Division 7, Title 1 of the Government Code. Section 4. POWERS. The Center shall have the powers common to the parties set forth in Section 1 of this agreement. The Center is hereby authorized to do all acts necessary for the exercise of said common powers for said purposes, including, any or all of the following: to make and enter into contracts; to hire employees and appoint agents; to lease, manage, maintain, or operate any land, buildings, works, or improvements, and to dispose by lease, lease purchase, or sale, any property and funds, services and other forms of financial assistance from persons, firms, corporations, and any governmental entity; to, in connection with any federal or state grant, enter into any and all agreements necessary to comply with the procedural requirements of any applicable laws; to incur debts, liabilities, or obligations required by the exercise of these powers which do not constitute a debt, liability, or obligation of a party hereto; and to sue and be sued in its own name. Said powers shall be exercised in the manner provided in said Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the City of Escondido in the exercise of similar powers. Section 5. FISCAL YEAR. For the purpose of this agreement, the term "fiscal year" shall mean the period from July 1 to and including the following June 30. Section 6. 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 provided 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 contributions made by such parties. For purposes of this section, "contributions" shall mean only that money paid by a party to the Center for services provided to such party by the Center under Section 10. Section 7. OTHER CONTRIBUTIONS. Upon such terms and .conditions as may be agreed upon, and with the consent of the party, the Center may request and obtain personnel, equipment or property -of one or more of the parties to the agreement. Such personnel, equipment or property may be recognized as contributions or advances of the party, as may be agreed upon. The Center shall have the power to employ professional and technical assistance for the performance of this agreement in accordance with the provisions of Section 4, provided that adequate sources of funds are assured therefor. Section 8. ACCOUNTS AND REPORTS. The Treasurer of the County of San Diego is designated the depository of the Center and he shall have custody of all the money of the Center, from whatever source. The Treasurer 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 official bond for the safekeeping of all Center money so held by him; C. Pay any other sums due from the Center from Center money or any portion thereof, only upon warrants of the Auditor of the County of San Diego; and D. Verify and report in writing on the first 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 holds for the Center, the amount of receipts since his last report, and the amount paid out since his last report. The Auditor of the County of San Diego shall perform the functions of auditor and controller of the Center. He shall draw warrants to pay demands against the Center when the demands have been approved by the Board of Directors of the Center. The Board of Supervisors of the County of San Diego shall determine the charges to be made against the Center for the services of its Treasurer and the Auditor, and such charges shall be paid by the Center. Section 8.1. BUDGET. The Board of Directors shall annually, not later than June 1, adopt a budget for the fiscal year and shall file a copy of such budget with each party to this agreement no later than July 1. Section 8.2. RECORDS AND ACCOUNTS. The Center shall be strictly accountable for all funds. The Board of Directors shall cause to be kept proper books of records and accounts in which a complete and detailed entry shall be made of all its transactions including all receipts and disbursements. Said books and records shall be kept in accordance with State law and rules and regulations of the State Controller and as required by the Auditor. Said books shall be subject to inspection at any reasonable time by the duly authorized representative of each of the parties to this agreement. The Center shall cause to be prepared an annual financial and operations report, including a report of all receipts and disbursements of funds which shall be available at the office of the Secretary of the Center and a copy thereof shall be delivered to each party to this agreement. The Auditor of the County of San Diego shall present in writing on the first day of July, October, January, and April of each year to the Center and to each of the parties to this agreement an income statement, prepared in accordance with generally accepted accounting principles. The Auditor of the County of San Diego shall also present in writing -6- at least annually to the Center and to each of the parties to this agreement a balance sheet, prepared in accordance with generally accepted accounting principles. The Auditor of the County of San Diego shall prepare such other financial statements as may be rea uired by the Center. The Auditor of the County of San Diego shall 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, as required by Section 6505 of the Government Code. The minimum reeuirements 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. Where an audit of an account and records is made by a certified public accountant or a public accountant, a report thereof shall be filed as public records with each of the parties to this agreement, and also with the Auditor of the County of San Diego. Such report shall be filed within 120 days of the end of the fiscal year under examination. Any costs of the preparation of financial statements and of the audit, including contract with, or employment of certified public accountants or public accountants, in making such statements and audit, shall be borne by the Center and shall be a charge against any unencumbered funds of the Center available for the purpose. In the event that the Center's annual budget does not exceed $500.00, the Center may, by unanimous request of the Directors and with the unanimous approval of the parties hereto, replace the annual special audit with an audit covering a two-year period. Section 8.3. EXPENDITURES AND OBLIGATIONS. (a) The Board of Directors, its committees and every other official or employee of the Center shall be limited in the making of expenditures or the incurring of liabilities to the amount of the appropriations allowed by the budget as adopted by the Board of Directors or thereafter revised by said Board. (b) Except as otherwise provided by law, warrants issued, expenditures made or liabilities incurred in excess of any budget appropriation are not a liability of the Center or a liability of any party to this agreement. Section 8.4. CLAIMS. All claims against the Center including, but not limited to, claims by public officers and employees for fees, salaries, wages, mileage or other expenses, shall be filed within the time and in the manner specified in Chapter 2 (commencing with Section 910) of Part 3, Division 3.6 of Title 1 of the Government Code or in accordance with claims procedures approved by the Auditor of the Center and established by the Board of Directors pursuant to Chapter 5 (commencing with Section 930) or Chapter 6 (commencing with Section 935) of said Part 3 of the Government Code. The Board of Directors shall adopt a regulation requiring that all claims shall be so filed. Section 8.5. ALLOWANCE OF CLAIMS BY AUDITOR. (a) The Auditor of the Center shall audit and allow or reject claims in lieu of, and with the same effect as, allowance or rejection by the Board of Directors in any of the following cases: (1) Expenditures which have been authorized by purchase orders issued by an officer of the Center authorized by said governing board to make purchases. (2) Expenditures which have been authorized by contract, resolution or order of the Board of Directors, acting within the scope of its authority. .(b) The Auditor shall require the certificate of the requisitioning or receiving officer that the articles or services have been received or contracted for. Section 9. PROPERTY. The Executive Director of the Center is hereby designated as the person who shall have charge of, handle, and have access to any property of the Center and shall be required to file an official bond in the amount of .$25,000.00. The Board of Directors, by resolution entered in its minutes, may prescribe those other of Center officers and employees to be bonded, and shall specify the amounts of said bonds. Section 10. • FINANCING. The Center shall be self-supporting, deriving its revenue from grants and from payments for services rendered to the parties and other participating agencies as provided in Section 11. Section 11. OTHER PARTICIPATING AGENCIES. In addition to the public agencies who are parties to this agreement, any public agency having the powers'specified in Sections 1:and 4 hereof, who may desire to participate in or take advantage of the services or activities of the Center, may do so as provided in regulations adopted by the Board of Directors or by executing an agreement with the Board of Directors, upon such terms and conditions as may be agreed upon. Such participating public agencies shall not be entitled to membership on the Board of Directors. Section 12. MISCELLANEOUS. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. This agreement is made in the State of California under the Constitution and laws of such State and is to be so construed. Section 13. 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 to constitute the agreement that the parties intended to enter into in the first instance. Section 13.1. EFFECTIVE DATE. This agreement shall become effective and the Center created hereunder fully operative on January 1, 1973, provided that by that time any five of the public agencies specified in the preamble hereof have signed this agreement. As soon thereafter as practicable, the Board of Directors shall meet for the purposes of organizing the Center. After the Center becomes operative, public agencies specified in the preamble to this agreement may still become parties to this agreement. Section 14. TERMINATION AND WITHDRAWAL. Any party may withdraw from this agreement upon 90 days' written notice of such action of withdrawal being filed with the Board of Directors. A copy of such action to withdraw shall be filed with each other party to this agreement. This agreement shall terminate, except for the purpose of winding up the affairs of the Center, at the end of any fiscal year in which the parties remaining members at the beginning of the next fiscal year will not include any five of the public agencies specified in the preamble hereof. Section 15. SUCCESSORS. This agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Section 16. NOTICE TO PARTIES. Any notice to the parties hereof shall be sufficient if delivered to: The State of California: The State Personnel Board The County of San Diego: The Clerk of the Board of Supervisors. Any City: The Clerk of the City. Section 17. COPIES Or THE AGREEMENT. This agreement shall be executed in sufficient original counterparts so that one original executed copy thereof shall be delivered to and become a part of the official records of each party to this agreement and the Board of Directors of the Center. Section 18.. AMENDMENTS TO THIS AGREEMENT. This agreement may be amended by the concurrence of all parties to the agreement at the time the amendment is made.. Any amendments .shall be executed and filed in the manner provided in Section 17. -10- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals hereto affixed. COUNTY OF SAN DIEGO STATE OF CALIFORNIA By By CITY OF CARLSBAD CITY OF CHULA VISTA By By CITY OF CORONADO CITY OF DEL MAR By By CITY OF EL CAJON CITY OF ESCONDIDO By By CITY OF IMPERIAL BEACH CITY OF LA MESA By By CITY OF NATIONAL CITY CITY OF OCEANSIDE By By CITY OF SAN DIEGO CITY OF SAN MARCOS By By CITY OF VISTA By -11-