HomeMy WebLinkAboutAgenda Report - August 6, 1986 (88)t ,z
POWM AGREEMENT FOR
CENTER FOR MANAGEMENT
DEV=PMENP APPROVED
RES NO. 86-113 The City's Public Works Department and Finance Department
have been using the Center for Management Develognent for
_OC.6 the training of their personnel for a number of years. The {
OC 34 Center for Management Develognent was foamed by cities who
were interested in lour -cost training for their employees.
The Board of Directors of the Center has recently adopted a
3 new cost allocation system and has rewritten the Joint
Exercise of Powers Agreement giving all participating F
g members Board representation.
Council adopted Resolution No. 86-113 approving the Joint
f, Exercise of Powers Agreement for the Center for Management
' Development appointing the City Manager or his
representative to the Board of Directors.
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Z. DELIVERY OF SERVICE: The Authority may contract with a public
i (including but not limited to one or more participating agencies) or private
- entity for training services.
3. 'ADMINISTRATION: The Authority shall, be.. administered by one 'Of''
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f the Participating Agencies which shall serve under the direction and at the
pleasure of a Board of Directors of the Authority (the "Board"). The Board
shall be'composed of one representative from"e'ach,of the Participating
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Agencies.
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I 4. MEMBERSHIP: Any City, County, or Special District in Northern
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." California which:may desire to join. and receive service froma the Authority may;
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do sc by executing this Agreement.° All parties shall be bound by all terms
and provisions of -this Agreement as of the date of execution.
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5. 'POWERS: The Authority shall have the power, ,in its own name,
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to make and enter into contracts to employ agents and employees, to acquire,
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hold and dispose of property, to incure debts, liabilities, or obligations of
any.or all of the parties to this: Agreement. The exercise by the Authority of
the power to, sue or be sued is its own name shall be 'subject to the
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restrictions on the exercise of such power applicable to the undersigned. The,_
Authority shall also have the power through the Board of Directors to
establish By-laws consistent with,this Agreement.
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6. EFFECTIVE DATE: This Agreement shall. became effective when
entered into by any two agencies eligible for membership and shall continue in
full force until dissolved pursuant to the relevant provision herein.
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7. FINANCIAL INDEi'ENDENCE: The Authority shall be:>:
self-supporting, deriving its'revenue.from payments .for services rendered to
the Participating Agencies and others, grants-in-aid, gifts, or, other sources
recommended by the Board of Directors. Payment for services shall be
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apportioned among Participating:Agencies on a method determined by the BoardtA
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;of Directors.
8. TREASURER: The City of Fairfield Finance Director shall
initially act as Treasurer of the Authority and shall serve at the pleasure of
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t'he Board of Directors. The Board shall provide for reimbursement of:the
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costs of serving as Treasurer of the Authority. The Treasurer., who shall have
custody of all the money of the Authority from whatever source, shall
establish a separate fund for all revenues and shall maintain.a strict",
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accountability. of all income and expenses pertaining to this agreement. Only'jT
expenses of the Authority shall be proper charges against this fund. Decision
to re -allocate financial resources of the Authority shall be determined by the
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Board of Directors.. The accounting records shall be available for 'inspection
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by member agencies at any time during normal business hours. The City of`
Fairfield may terminate its role as Treasurer by'provision of thirty(30) day
advance written notice of withdrawal to the Board of Directors. All:funds
received by the Authority,shal7 be strictly accounted for and the Treasurer
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shall make or contract for an annual audit of the accounts and records of the
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Authority as prescribed in California Government Code section 65055,
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9. TERMINATION: Any party may withdraw from this Agreement
-by
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adoption of a resolution by its governing body, and by provision of not less
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than sixty (60) days prior to any July 1 of advance written notice of
withdrawal to the Board of Directors. This Agreement and the Authority may be
terminated effective not 'sooner than ninety days after adoption of a
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resolution to that effect by two-thirds of the public agencies participating
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In the Agreement; or, if there are only two such agencies, by either.
Upon termination of the Agreement, any Authority property acquired
under this Agreement shall be distributed among the parties hereto as the
Board of Directors may determine.
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Upon termination of the Agreements any, surplus money in the
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possession of the Authority after the payment of,all costs, expenses and
charges validly incurred under this Agreement shall be returned to the parties
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in proportion ,to their respective contribut;ons,'to be determined.by the Board
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Directors ,at the :ti me .of termination.
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10, AMENDMENTS: This Agreement may be amended at any time upon
adoption of a resolution to that effect by-.two-Vairds of all member agencies.
If there are only two such agencies, amendments may be made at any time by
Unanimous.cons2nt.;;.
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11, SEPARABILITY: Shouid arty part, term, portion or provisionof .
this"Agreement be deemed by the courts to be illegal or in conflict"ith arty
law on the State of California, -or othsrwise be: rendered unenforceable or...:
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ineffectual, the validity of the remaining parts; terms, portions, or
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provisions can be construed in substance to continue to constitute the
Agreement that the parties intended to enter into in the first instance.
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12. SUCCESSORS: This Agreement'shall be binding upon 'and shall.:
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in to the benefit of the successors of the, parties:
Execution of this Agreement shall be indicated by resolution of_
the governing board of each Participating Agency, such resolution to be
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attached hereto in lieu of signature,
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