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Home My WebLink About2013 CON State of California - Intergovernmental Training Center JPA - 2nd Amendment2013 - 2nd AMENDMENT SECOND AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER This Second Amendment to the Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center ("Amendment") is made and entered into on June 6, 2013, by and among the County of San Diego, the City of Carlsbad, the City of Chula Vista, the City of Coronado, the City of Del Mar, the City of El Cajon, the City of Encinitas, the City of Escondido, the City of Imperial Beach, the City of La Mesa, the City of Lemon Grove, the City of National City, the City of Oceanside, the City of Poway, the City of San Diego, the City of San Marcos, the City of Santee, the City of Solana Beach, and the City of Vista (the "Parties"), for the purpose of amending that certain Joint Powers Agreement entered into on December 1, 1972 ("JPA"), with respect to the following facts: WHEREAS, the JPA was entered into with among the State of California, the County of San Diego, and all the cities that were incorporated in the County of San Diego in 1972 for the purpose of jointly providing educational and training services for their common benefit, and to the extent permissible, to provide such services to other public agencies; WHEREAS, the State of California, acting through and by the Personnel Board in connection with its training functions, withdrew from the JPA, effective May 8, 2013; WHEREAS, the Cities of Encinitas, Lemon Grove, Poway, Santee and Solana Beach have been incorporated within the County of San Diego since the formation of the JPA; WHEREAS, the JPA will benefit from the full participation of the Cities of Encinitas, Lemon Grove, Poway, Santee and Solana Beach as parties to the JPA and with the designation of these cities' city managers as members of the Board of Directors; NOW THEREFORE, the Parties, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Section 3(B) of the JPA is amended to read as follows: B. Governing 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. 1 (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 Encinitas. (8) The City Manager of the City of Escondido. (9) The City Manager of the City of Imperial Beach. (10) The City Manager of the City of La Mesa. (11) The City Manager of the City of Lemon Grove. (12) The City Manager of the City of National City. (13) The City Manager of the City of Oceanside. (14) The City Manager of the City of Poway. (15) The City Manager of the City of San Diego. (16) The City Manager of the City of San Marcos. (17) The City Manager of the City of Santee. (18) The City Manager of the City of Solana Beach. (19) The City Manager of the City of Vista. Each member shall appoint an alternate member who shall serve on the board at any meeting when the member appointing him or her 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 or her alternate. The appointment of an alternate member may be revoked at any time by the member appointing him or her, provided, however, that such revocation of appointment shall not be effective until filed with the Board of Directors. Section 2. Except as specifically amended by this Amendment, each and every provision of the JPA shall continue in full force and effect as originally entered into. Section 3. This Amendment shall be effective upon the execution by all Parties to this Amendment. This Amendment may be signed in counterparts. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 2 CITY OF NATIONAL CITY Title: Date: ATTEST: By: 1[,a- Michael Dall , City Clerk Date: 7 - 9 -'3 APPOVED TO FORM: By: C 1 is Silva ity Attorney Date: 'I�''� 14 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk July 10, 2013 Mr. Michael Gray Regional Training Center 6155 Cornerstone Court, Suite 130 San Diego, CA 92121 Dear Mr. Gray, We are enclosing for your records a fully executed original Second Amendment to the Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure June 12, 2013 Leslie Deese, City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Ms. Deese: MCDOUGAL LOVE ECKIS BOEHMER Et FOLEY 1I1I I RECEIVED JUN 1 3 2013 I am writing in reference to the Southern California Intergovernmental Training and Development Center, D.B.A. San Diego Regional Training Center (RTC). On December 1, 1972, the Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center (JPA) was entered into by and among the State Personnel Board, the County of San Diego, the City of Carlsbad, the City of Chula Vista, the City of Coronado, the City of Del Mar, the City of El Cajon, the City of Escondido, the City of Imperial Beach, the City of La Mesa, the City of National City, the City of Oceanside, the City of San Diego, the City of San Marcos, and the City of Vista. The JPA was entered into with all the above entities for the purpose of jointly providing educational and training services for their common benefit, and to the extent permissible, to provide such services to other public agencies. Since its creation, the RTC has been a valuable and viable training center, serving organizations at a local, regional and State level. The RTC also serves local governments through the training of law enforcement personnel with its over twenty -five-year relationship with the California Commission on Peace Officer Standards and Training (POST). At the time of its creation, several cities were not incorporated and were not included on the original JPA. Those cities are: the City of Encinitas, the City of Lemon Grove, the City of Poway, the City of Santee and the City of Solana Beach. At the time that each city incorporated over time, they have been treated as if they were members and included in all benefits to membership of the RTC with the exception of voting rights on the Board of Directors. The Board attempted to remedy this situation and include all cities in the County of San Diego as members. The Board met on June 7, 2012 and voted unanimously to recommend to its member agencies to approve an amendment to the JPA to include these five cities. Each agency was required to sign the JPA Amendment. During the course of gathering each of the necessary 20 signatures, the State of California sent notice on February 7, 2013 of its decision to withdraw from the JPA without approving the amendment. Pursuant to Section 14 of the JPA Agreement, the withdrawal of any party occurs automatically upon 90 days' notice. Accordingly, the withdrawal of the State of California became effective on May 8, 2013. On May 29, 2013, the Executive Committee ratified the First Amendment to the JPA Agreement, recognizing the withdrawal of the State as a party. The First Amendment is attached for your reference. Partners Senior Associates www.mcdougailove.com ' 7" Associates ;r. Leslie Deese, City Manager City of National City June 12, 2013 Page 2 Therefore, it became necessary to execute a Second Amendment to the JPA Agreement in order to incorporate all the cities within the JPA. On June 6, 2013, the Board of Directors approved the attached Second Amendment. This amendment to the JPA makes no other substantive changes to the JPA Agreement other than what was approved by the Board one year ago. If the city council already approved the prior version this amendment, please consult with your city attorney whether the amendment will require additional approval from the city council. Please review the attached documents and obtain the appropriate approval signature. Then send the original signature to the RTC offices at 6155 Cornerstone Court, Suite 130, San Diego, CA 92121. Should you have any questions regarding the contents of this letter, please do not hesitate to contact me via telephone at (619) 440-4444 or email at rsjoblom@mcdougallove.com. Since dall R. , oblom egal Counsel to the RTC Attachments: 1. The Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center. 2. First Amendment to the Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center. 3. Proposed Second Amendment to the Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center. RESOLUTION ESTABLISHING JPA (Page 1 of 1) RESOLUTION NO. 10,844 RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR REGIONAL TRAINING CENTER WITH THE COUNTY OF SAN DIEGO BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to execute an agreement between the City of National City and the County of San Diego for the purpose of establishing a regional training center. PASSED AND ADOPTED this loth day of October, 1972. ATTEST: