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HomeMy WebLinkAbout1972 CON State of California - Intergovernmental Training Cente JPANOTE TO FILE 09-10-12 IN THE MATTER OF: Joint Exercise of Powers Agreement Creating Southern California Intergovernmental Training and Development Center. Please note the following: A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC _ Housing & Grants City Attorney _ Human Resources X City Manager _ MIS Community Svcs. _ Planning Engineering _ Police Finance Public Works Fire Nutrition Center NTF 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 with its trai.ninE functions (hereinafter called the State of California), the County of San Diego, the City of Carlsbad, the City of Chula Vista, the City of Coronado, the City of Del i:ar, the City of El Cajon, the City of Escondido, the City of imperial Beach, the City of La Mesa, the City of National Ci'y, the City of Oceanside, the City of San Diego, the City of San Marcos, and the City of Vista, witnesseth: WHEREAS, 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 training, development, and motivation of personnel; and WHEREAS, the parties possess the powers and desire to solve management problems relating to training and education of their personnel and May join associations and expend public funds for such purposes; and WHEREAS, the parties are of the opinion that they should 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 agreements herein contained and the performance thereof, and for other good and valuable and adequate consideration do agree as follows: Section 1. PURPOSE. This agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500, hereinafter called ("Act")) relating to the joint exercise of powers common to City, County and State. Each party possesses the powers referred to in the recitals hereof. The purpose of this agreement is to exercise such powers by creating an agency to assist the parties in their efforts to develop and implement employee training programs, including the holding of seminars, training institutes, and -1- other education courses. Such purpose will be accomplished, and said common powers exercised, in the manner hereinafter set forth. Section 2. TERM. This agreement shall become effective upon its execution by five of the public agencies specified in the preamble hereof, as set forth in Section 13.1, and shall continue in full force and effect until terminated as provided herein. Section 3. AGENCY. A. Creation of Agency. Pursuant to Section 6506 of the Act, there is _hereby created a public entity separate and apart from the parties hereto, to be known as the Southern California Intergovernmental Training and Development Center (hereinafter "Center"). Its debts, liabilities, and obligations do not constitute debts, liabilities, or obligations of all or any party to this agreement. It shall administer this agreement. B. Governi_n. Board. The Center shall be administered by a board of directors equal in number to the number of parties who become and remain parties to this agreement. The designated members of the board of directors and their alternates shall be entitled to membership on the board only during the period they hold the office indicated and 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: (1) The Chief Administrative Officer of the County of San Diego. (2) The City Manager of the City of Carlsbad. (3) The City Manager of the City of Chula Vista. (4) The City Manager of the City of Coronado. (5) The City Manager of the City of Del Mar. (6) The City Manager of the City of El Cajon. (7) The City Manager of the City of Escondido (8) The City Manager of the City of Imperial Beach. (9) The City Manager of the City .of La Mesa. -2- (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 Eoard. D. Officers. The Board shall elect a chairman from among its members, and shall appoint a secretary and executive director who nay, 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 (com^'encing at Section 6500), Chapter 5, Division 7, Title I 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 pof,ers 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. -4- r Section 6.. DISPOSITION OF ASSETS. Upon termination of this agreement, all property of the Center shall automatically vest in the parties to this agreement. Allsuch bedistty, ributed other than money hereinafter provided for,shall 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 furnish_nes. 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 offrthis�agreeTen11 obligations after payment of or making provision payment incurred by the Center under this ae:reemment 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 Die:~o is designated the depository of the Center and he shahave 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 required 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 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. 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 -7- 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. ALLO';iANCE 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 :•rithin 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. FIIANCING. 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. -8- Section 12. t4ISCELLANEOUS. 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. SE`E RABILITY. 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 hereof. Sectionof the public agencies specified in the preamble Section 15. SUCCESSORS. This agreement shall be binding upon and shall inure to the benefit of the successors of the parties. -9- 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 COPIESOF AGREEMENT. This agreement .,..CtiG.. 17. COP S THE cr shall be executed in sufficient original courterparts 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 By ('e—r.� .L/. Jam-,✓ Ass:. C!.:;: cf Ecsd of =epervisors CITY OF CARLSBAD By r,41,4111 , a/vvt.4-0 CITY (�O OF CORONADO 1� By ,wla, •Q1`'� CITY OF CAJON By CITY OF IfPEIAL B By 1 ACE CITY OF NATIONAL ITY By (vilit� CITY OF By CITY OF VISTA By STAT r ALIF By :1° CITY GF NUL��7�� Byy G�2.2. CITY OF DEL MAR By G (1 CITY OF ESCONDIDO /77 C 71 - By CITY OF OCEANSIDE By CITY OF SAN MARCOS By -11-