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Resolution No. 91151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE SOUTHEAST LOCAL EDUCATIONAL AUTHORITY AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter_ and the Constitution of the State of California; and WHEREAS, on July 19, 2006, the City Council of the City of Vernon adopted Resolution No. 9097 supporting the City's participation in the formation of a joint powers agency for municipal governance of Los Angeles Unified School District schools; and WHEREAS, pursuant to California Government Code Section 6500 et seq., the City is authorized to enter into an agreement with one or more other public agencies to jointly exercise any power common to the contracting parties and to create an agency or entity which is separate from the parties to administer the agreement; and WHEREAS, the cities of Bell, Cudahy, Huntington Park, Maywood, South Gate and Vernon (collectively, the "Southeast Cities") desire to become members of a Southeast Local Educational Authority, a joint powers agency (the "Authority"); and WHEREAS, the City Council does not by this resolution relinquish any of its duly constituted powersto regulate and govern its own territory, to require franchises from any railroad which may cross its territory, or to regulate the streets and highways within the City. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W:A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby IIfinds and determines that the recitals contained hereinabove are true Iland correct. SECTION 2: The City Council of the City of Vernon hereby finds and declares that the actions authorized hereby constitute a valid exercise of the powers of the City under the laws of the State of California and under the Charter of the City of Vernon. SECTION 3: The City Council of the City of Vernon hereby approves the Joint Exercise of Powers Agreement for the Southeast Local Educational Authority, in substantially the form attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor to execute the Amendment for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 5: The Acting City Clerk, or his designee, is hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the Authority, including but not limited to, the execution and delivery of any an all agreements, certificates, instruments and other documents which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. SECTION 6: The City Council of the City of Vernon hereby authorizes the Acting City Clerk, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the documents relating to the Agreement. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: In accordance with Section 2.3 of the Agreement, the City Council of the City of Vernon hereby appoints W. Michael McCormick as its representative on the Board of Directors of said Authority, and appoints William Davis as the alternate member, each with the power to vote in all actions of said board and to report to the City Council thereon. Said appointments shall be effective until the death, resignation, disqualification or subsequent removal by the City Council of such representative. SECTION 8: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send a six (6) executed Agreements to: City of South Gate Attn. Veronica Galvez 8650 California Avenue South Gate, CA 90280 SECTION 9: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 5th day of September, 2006. ATTEST : BRUCE V. MALKENHORST, JR. Acting City Clerk LEONIS C. MALBURG, Mayor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I'll 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9115, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, September 5, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, JR. Acting City Clerk (SEAL) - 4 - EXHIBIT A N, JOINT EXERCISE OF POWERS AGREEMENT SOUTHEAST LOCAL EDUCATIONAL .AUTHORITY k THIS AGREEMENT (the "Joint Exercise Of Powers Agreement" or "Agreement) is dated , 2006, by and between the City :of Bell ("Bell"), the City of Cudahy ("Cudahy'), the City of Huntington Park (-Huntington Park"), the City of Maywood ("Maywood"), the City of South Gatef"Siouth Gate"), and the City of Vernon ("Vernon"), each duly organizedand existing under the laws ofthe State of California; the cities, shall collectively be referred to as the "Members." WITNESSETH WHEREAS, the Members are located within the southeast .area -of Los Angeles County and their local schools are operated by the Los Angeles Unified School District ("IAUSU); v1UREAS, the Members have joined forces loaddress educational OPPOrtUllities at their local schools and set forth a common mission statement with goals and objectives. A copy of the mission statement with those goals and objectives is set forth in Ekbi-bit - L" WHEREAS, the Members wish to form a joint powers authority under -the Joint Exercise of Powers Law of the State %of California (constituting -cliapter 5 of Division 7 of Title I of the California Government Code) to advance their common missionstatcment, goals and objectives; and WHEREAS, the proposed joint powers authority is to exercise the powers the Members have in common to act, advocate, appear, -explore, and lobby for the appropriate legislative action, including legislation under the Charter Schools Law Of the State of California .(constituting Part'26.8 of Division 4 of Title 2 of the California Education Code) as -well ,as such other act -ion deemed necessary by the Members to further the accomplishment of their mission statement, goals and.oFjectives identified ou'Exhibit "L" NOW, THEREFORE, in consideration of the above premises .and of the mutual promises herein contained, the Members do hereby agree as follows: ARTICLE I DEFINITIONS Section L_ _L Definitions. Unless the Context Otherwise requires, the words and terms defined in this Article le I shalt for the purpose hereof, have the meanings herein specified. -Act" means Articles 1 through 4 (commencing with section 6500) of Chapter 5, Division 7, Title I Of the California Government Code: the Joint -Exercise of Powers Law of the State of California. "Agreement" means this Joint Exercise of Powers Agreement. southeast Locd E&catJonAI.Aptbatity "Mouth Qate1%Schoo1s%SC8CJfA8- Ldoc 270-9 [&7J2006] [joint Excrcisp.ofPowers Agreement) „Alternate,, means the individual appointed by a Member who may act as Director when the IDirectorappointed by the Member is unavailable. -Authority- means the Southeast Local Educational. Authority, the authority created by this Agreement. ,,Boar&, means the Board of Directors of the Authority referred to in Section 2.3, which shall be the governing , body .of the Authority. "Charter Schools Act” means.Chapters I through -6 (Commencing with section 47600) .of Part 26.8, Division 4, -of Title 2 of the California Education Code: the Charter Schools Act of the -State of California. "Clerk," means the city clerk of any of the Members. "Congress" means either or both the - House -of Representatives or the Senate of the united States of America. "Director" means the Member representative or Alternate appointed to. the Board pursuant to Section 23. "Finance Directoe"means a finance -director Of any of the Members. "Fiscal dear" means the peri od Flom July 1st to and including, the following June, 3 Oth. ',Go.aw' mean those goals identified on Rdfibit "I." "Legislature- means -either or both the Assembly or the Senate of the State of California, "Lobby" means that activity authorized under sections 5002.3 and 50024 of the California Government Cede. -,Mayor- means the mayor of each of the Members. -Member" means Bell, -Cudahy, Huntington Park, Maywood, South Gate or Vemon. "Mission -Statement" means that mission statement -identified on Exhibit "l." -,objectives'N mean those objectives identified on Exhibit "I -Secret . ary- means the Secretary of the Authority. appointed Pursuant to Section 3.1. -,_State,, Diem the State of California. "Treasurer" means the Treasurer of the Authority appointed Pursuant to Section 3.2. K.NCG\South.oat,-\Schools\SCSCJPAS-I.doc 2 Southeast Local Educatioual Authority VO-9 18=0061 [Joint Exercise of Powers Ag--tent] ARTICLE 11 GENERAL PROVISIONS Section.2.1, se. This Agreement is made pursuant to the Act providing for the joint exercise of powers common to the members and for other purposes as permitted under the, er . purpose of this Agreement is to Art and as agreed by one or more of the parties hereto. The � form the Authority to advance the Mission Statement Goals and Objectives in the manner the, ha cost and expnse cid t to Members deem necessary and appropriate and equally share the in en suchactivitios. .Section 22. Creation of Authority. Pursuant to the Act, there is hereby created a -public entity t.o be known as the "Southeast Local EduotionalAuthority." The Authority shall he apublic entity separate :and apart From the Members, and shall administer this Agreement. Section 2.3. Board of Directors. The Authority shall be administered by -.a Board of Directors consisting of Ax (6) Directors, uniess anduntil such number is changed by amendment of this Agreement. The City Council of each Member shall have the authority to point, P appoint, designate, and replace their respective Director for the Authority. In -addition to selecting a ,Director, the -City Council of each Member AaR also have the authority toappoint, designate, .and replace .their respective Alternate, who will act as an alternate representative for the Authority in the absence of their respective Director, The Board .shall be called the ".Board of Directors of the Southeast Local Educational Authority." All voting power of the Authority shall reside in the Board. -Section 2.4. Meetings of _the Board. (a) Regular Meetings. The Board shall meet once -a month and provide for at least twelve regular meetings each year unless otherwise waived by of the Authority. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with each of the Members' Clerk- (b) S - Mial. Meetings. Special meetings of the Board may lbo called in accordance with the provisions of .section 54956 of the California Government Code. (c) place of Meetings. All meetings of the Board shall be hold at such location as set by the Board and rotated as and when the Board deems appropriate. The initial location set by the Board is South Gate City Hall, $650 California Avenue, South Gate, California 90280. (d) Call, Notice and Conduct of Meetings. 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 (section 54950 et seq. of the California Government Code). Section 2.5. Minutes. The Secretary shall cause to be kept minutes of the meetings, Of the Board .and shall, as soon .as possible after each meeting, cause a copy of the minutes to be forwarded to each Director with copies to the Clerk of each Member. Southeast LDPW Educational Audwrity K-.ACO\Sotkdl GmfASchoqWSCSCJPA8-1,doc 3 [Joint Exercise of Powers Agreement] 270-9 [&W.O06] Section 2.6. Voting. , Each Member shall have one vote which shall be exercised by a Director. Section 2.7. Ouorum and Required Votes for Any Action. Directors holding a majority of the -votes shall constitute a quorum for the transaction of business; except that less than a quorum may adjourn from time to.. time- The affirmative votes of at least four Directors present at any meeting at which a quorum is present shall be required to take any action by the Board, -Section 2.8. Bylaws. The Board may adopt, from time to time, such bylaws, ndos and regulations for the conduct of its meetings as are necessary for the purposes hereof ARTICLE III OFFICERS AND EMPLOYEES Section 3T1. Chairperson , Vice-,agiffp-mon. &cretai� and -Executive Director.. The Directors shall appoint one of the Directors to be Chairperson of the Board. The Directors shall appoint another Director to be Vice Chairperson of the Board. The Directors -shall appoint, according .to the rotation of its meetings, A Clerk to be Secretary of the Board. At the discretion of the Board, the Directors may appoint an Executive Director of the Authority. The officers shall perform the duties normal to said offices. The Chairperson shall sign all contracts on behalf of the Authority, unless a resolution of the Board sliall provide otherwise, and shall perform such other duties as may be imposed by the Board. The Vice -Chairperson shall sign contracts and perform all of the Chairperson's duties in the absence of the Chairperson. The Secretary shall :countersign all contracts signed by the Chairperson or Vice Chairperson on behalf of the Authority, unless -a resolution of the Board shall provide otherwise, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State of the State pursuant to the Act. The Executive Director, ifappointed by the Directors, shall administer the day-to-day operations of.theAuthority. Section 3.2. Treasurer pursuant to section 6505.6 -of the Act, a Finance Director tor is hereby de . signated as the Treasurer of the. Authority. The Finance 'Director for South Gate is .appointed the initial Treasurer of the Authority until the Board appoints a replacement by resolution. The Treasurer shall be the depositary, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in soctions 6505 and .6505.5 of the Act and -shall assure that there shall be -strict accountability of ,all funds and reporting of all receipts and disbursements of the Authority. As provided in prov, sections 6505 and 6505.6 of the Act, the Treasurer shall mako arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and .records of the Authority-. Sm-0 3.3. Officers in UJIM-P Of RPME—ds, Funds and Accounts. Pursuant to section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have .access to all other records of the Authority. KAWSOUth QaWSQh001$\SCSCJPA8-1 -dGc 4 S.6utheasrt ipeal Educational Authority 270-9;[$/2/2006] point Exercise of Powers Agreement] Section 3.4. Legal Advisor. The Board shall have the power to appoint the legal advisor of the Authority who shall perform such duties as may be prescribed by the Board. ection 3.5 . Other EpI �Q. The Board shall have -the power by resolution to appoint and employ such -other employees, .consultants .and independent contractors as may be necessary for the purposes of this .Agrm- nent All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, _agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performanc4, of any of the functions -and other duties of such officers,. agents orcipployces under this Agreement None, of the officers, agents, or employees directly employed by the Board shall be. .deemed, by reason of their employment by the 'Board to be employed by, any Member or, by -reason of their employment by the Board, to be subject to -any of the requirements of each Member. Section 2.6 Assistant Officers The -Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who =y or may not be directors, as the Board shall from time to time deem appropriate. XkTICLE IV POWERS Section 4. 1. General Powers. 'The Authority shall exercise, in the manner herein, provided the powers which -are common to each of the, Members, or as otherwise permitted under the Act, and, necessary to the accomplishment of the"PuIPSCS of this Agreement, subject to =the restrictions set forth in Section 4J. As provided in the Act, the Authority shall be a public entity separate from theMembM. Section 4.2. SMcific Powers- The Authority is hereby authorized, in its own name, to d . o all acts necessary for the exercise of the :fbregoingpowers, including but not limited to, any or all -of the following. (a) to fin they the Mission Statement, Goals and Objectives' , .(b) to make and enter into contracts; (c) to Lobby and perform -all acts incident to such activity; (d) to explore legislative action to accomplish the Goals and Objectives, (e) to -explore whether the Authority may form a non-profit entity and pursue the actions described under the Charter Schools Act; Southeast Local Educational AuthorityY—ACOSouth Gate\9600MSCSCVA8-I.d- 5 powt Exercise 9f Povim Ave-0 270-9 [8/2/2006.1 (fl to form any entity permissible within the Act to carry out the acts deemed -necessary by the Board under the Charter Schools Act or advance the Mission, Goals or Objectives; (g) to.employ.agents or employees; (h) to acquire, construct, manage, maintain or operate any authorized public improvement permitted under the Act, including, but not limited to section 6585(g) of the Act, as well- as the common powers of the Members to acquire any public capital improvement by the power of eminent domain; (i) to sue and be sued in its own name.; (j) to issue bonds, notes, or other evidences of indebtedness, and otherwise to incur debts, liabilities or -obligations; (k) to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America or of the State or from any other :source; .(1) to invest any money in the treasury pursuant to section 6505,5 .of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, .in the same manner and upon the same conditions as local agencies, pursuant to section 53601 of the California Government Code; {m) to .apply for letters of credit or other form of financial guarantees in order to secure the repayment of bonds, notes, or other evidences of indebtedness and :enter into agreements in connection .therewith; (n) to carry out and enforce all the provisions of this Agreement; (o) to make and enter into bond purchase .agreements where the Authority would agree to purchase bonds, notes, or other .evidences of indebtedness from the .Meembers; (p) purchase .obligations .of any local agency; and (q) to exercise any and all .other powersas may be provided in the Act or held by the Members. Section 4_3. Restrictioirs on Exercise of Powers. The power$ of the Authority shall be exercisotl 'the manner provided in -the Act, except for those powers the Members do not have in common or those retainedby the State. Section 4_4. Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members. 6 Souffieast-i.4ce1 E&- i—I nathodV K.\CG1.SomthGeteiSchools\SCSC.fPA8-:.1A- [Joint Exercise ofParwasAgce 01 270-9 [8/2l OW ARTICLE V METHODS OF PROCEDURE; CREDIT TO MEMBERS Section,L). Assumption of ReMqnsibiLties by,the _Authority. As soon as practicable after the date of execution of this Agreement, the Directors shall hold the organizational meeting ice of the Board- At said meeting the Board.shall elect'4 Chairperson and Vice -Chairperson, Pro vide for its regular meetings as, . required by Section 2A and set the -rotation appointments for the Secretary according to the locations of the regular meetings. Section 5,2. Credit to Members. All accounts or funds ' created and established pursuant to any instrument or agreement to. which the Authority is a party, and any interest r earned or accrued thereon, shall inure to the benefit Of the Members in the respective proportions for which such funds or accounts were -created. ARTICLE.VI CONTRIBUTION: ACCOUNTS AND REPORTS; FUNDS -section 6j. Conuibutions 'The Members May in the appropriate circumstance, when required hereunder:(A) make Contributions froln their treasuries for the purposes set forth herein, (b) ma]ke paymonts of public fonds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as Provided herein, Or (d) use its personnel, equipment or Property in lieu of othercontributionsor advances. The provisions of section 65-1-3 of the Act are hereby incorporated into this Agreement by referelle C' Section 6.2. AApccogmpntjs. andR Reports. To :the extent not covered thebyduties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and - accounts as may bo-required by good accounting practice or by any provision of any trust indenture or trust agreement entered into with respect to the proceeds:of any -bonds, notes, Or evidences of indebtedness issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer -shall be Open to inspection at all reasonable times by representatives of the Members. The Txeasumr, within 180 days -after the close"of each Fiscal Year, shall give a complete written report of all financial activities for such . Fi" Year to the Members to the ex tent such activities are not covered by the report of such trustee The trustee appointed under any trust indenture or trust agreement shall establish suitable fonds, furnish financial reports .and provide suitable accounting procedures to carry out the provisions of said ven such duties in said trust indenture trust indenture or trust agreement. 'Said trustee may be gi or trust agreement as may be -desirable to. carry out this s Agreement Sp-ctiokj Funds Subject to the applicable provisionsof any instruments or _Which the Authority may enter into, which may provide for a trustee to receive, have .agreement shall receive, have custody of and disburse, Authority fiends, the Treasurer of the Authority with generally .custody of and disburse Authority funds as nearly as possible in accordance accepted accounting practices, . and shall make the disbursements required by this Agreement or to carry out any of the -provisions or purposes Of this Agreement, Southeast Local Educational Authority K:NCGNSouth Gate' VSchoDls=CJPA8-1 -doe 7 [joipt Exercise of Powers Agroc.ni-t] 270-9 fs/712061 swfion 0.4. Annual Budget and Administrative Expenses. The Board shall adopt a budget for administralive expenses, which shall include all expenses not included in any. financing issue of . the Authority, annually prior to July last of each year. The estimated annual administrative expenses of the Authoritysball be allocated by .the Authority to the Members equally. ARTICLE V11 TERM Section I I. Term This Agreement shall become effective, and the Authority shall come into existence, on the date the last Member sips this Agreement_ This Agreement and the Authority shall thereafter continue in ftffl force and effect until twmated by a majority vote of the entire Board. Section I& Disposition of Assets. Upon termination Of this Agreement, all property of the, Authority, both real and personal, shall be divided among the Members -'in such manner M shall be, agreed upon by the Members- ARTICLEVIH MISCELLANEOUS PROVISIONS Section 8.1. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to: CITY OF ML Attention: City Manager 6330 Pine Avenue 13611, California .90201 CITY OF==CUDAHY Attention: City Manager 5220 Santa Ana Street P.O. Box 1007 Cu(jahy, California 90201 .cr.ry OF HUNTINGTON . PARK Attention; City Manager 6550 Miles Avenue Huntington 'Park, California 90255 Southeast Local Educational Authorityr-NCG,� souffi GatpASchools\SCSC-JPA8-1 doc 8 [joint Exercise of Powers Agreemenil 270-918/MO061 CITY OFMAYWOOD Attention- City Manager 4319 E. Slauson Avenue Maywood, California -90270 CITY OF SOUTH GATE Attention: City Manager 8650 California Avenue South Gate, California 90280 CITY OF VERNON Atten tion: "momwrActing city Clerk .4.305 Santa Fe Avenue Vernon, California 90058 motion 8.2. Section. Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the lanMe in the section referred to or to define or limit the scope of any provision of this Agreement Section 8_3. !Consent. Whenever in this Agreement any consent or approval is required, the same shall not be ==011ablY withhold. Section 8.4. Law gQyeimn inCalifornia under I_g. This Agreement is made " the State Calif the constitution and laws of the State, and is to be so construed. Section. 8.5. Amendments. This Agreement may be amended atany time, or from time i to time, by a vote of the majority of the entireBaar(L Enforcement Authority- The Authority is hereby authorized to take- any Section 8.6. A'-b-y to,. injunction and specific 'T -_ , but not ' limited -or all (ig or equitable 'actions, including, performance, necessary or permitted by law to enforce this Agreement. -Section 8.7. _severah%lity. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or -in conflict with any law of the State or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions -shall not be affected thereby. . Section 8.8. Successors. This Agreement shall be binding upon and shall inure to The benefit of the successors . of - the Members, respectively, Neither Member may assign any right or obligation hetelinder without the written consent of the other. Southeast lAxmi Educational.Authority K.%CG\South Gate\SchQo1ASCSCJPA8-LdDC 9 [Wint Exervise of Powets Agreement] 270_9 [8=006] Section 8.9. Counterparts. This Agreement may he executed in any number of counterparts, Each of which .shall be deemed an original, .ail of which, together, shall constitute o4e and the same inswumeat IN WITNES S WHEREO F, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereuntp duty authorized and their official seats to be hereto affuced, on theday and year set opposite the name of each of the parties. Dated: 2006 CITY OF BELL ATMS-T: Rebecca Valdez, city Clerk (SEAL) APPROVED AS TO FORM., Edward Lee, City Attorney Dated: -2006 ATTEST: Larry Glavan, City Clerk (SEAL) APPROVED AS TO FORM: David J. Ofivas, City Attorney George Mirabal, Mayor CITY OF CUDAHY David M. Silva, Mayor spudmw Local F4ucafiond Auflwdty y_-\CG\s0uth Gstc\schoois�SCSCJPA8-1,d- 10 Ljo7mt Exercise or Powers AVM-Atj 270-9 [81?nOO6] 9 N� Dated: 2006 ATTEST: Rosanna Ramirez, City Clerk (SEAL) APPROVED AS TOFORM: Francisco Leal, City Attorney Dated: -2006 ATTEST: ErikaNav�arro, City Clerk (SEAL) APPROVED AS TO FORM: Cary Reisman, -City Attorney Dated..' 2006 ATTEST: Carmen Avalos, City Clerk (SEAL) APPROVED AS TO FORM: KANE, BALLMER & BERKMAN -Special Counsel June Ailil) K:\CMouth Gate%8choolSLSCSCJPA8- I AW 2.7019 [Wn0061 CITY OF WJNTINGTON PARK Juan R_ Noguez, Mayor erry OF mAYwO0D Samuel Pena, Mayor CITY OF SOUTH GATE Maria Davila, Mayor Southeast Local Educational Authority [joint Exercise of Powers Agreement] Dated: Sept. 5 ATTES- T-. 2006 CITY OF VERNON Leonis C. Malburg, Mayor Bruce V. Malkenhorst, zOaWcOm* J r . (SEAL) Acting City Clerk APPROVED AS TO FORM: Eric T. Fwsch, City ,A.ttolmey Southeast Local Educational Authoeity 1CG1South Ga�LSc600islSCSCJPA8 Ldoc 12 V_ ).%ut �6] p.ojnfExeccise of Powom Agreement] U�ff "1" Mission Statement: The Mayors and City Council Members of the Southeast Area are not only elected representatives, but residents of our communities with first --hand knowledge of the needs of the students .and parents in .our local schools. We are committed to censuring the availability, accessibility and high quality of educational opportunities that enrich our citizens' lives economically, culturally and socially. Goals and Objectives; Goal #1: bake LAUSD accountable to the local communities it serves. Objectives: A Inform and address parents, concerns about educational opportunities and underperforming schoola. Improve the integration of schools into the organizations, institutions and infrastructure of local-commpnities. ■ Coordinate with local 'law enforcement to improve student safety on school campuses and in surrounding areas. Goal #2: Maximize availability of funds for schools in the-Southeast.Ciiies. Objectives: Ensure that Southeast .city schools .receive their fair share of formula and diwetionary funds, based on the number, concentration -and performance of students in this region. Invest mole funding into programs that enhance acadeWic perfomance. Increase proportion of fimdmg allocated directly to the local distract. Goal ##3.: Participate in decisions pertaining .to local district administration and programs. Objectives: ■ participate in selection of local district Suporintendent. ■ Empower local districtSuperintendentto select administrative personnel. KAMSout6 3at6Sch00lslSCSCJPA8-1 .doc Exhibit "I" Voineast L, of.Po tus A&Tuthority 270-9 [8 -MM6] [loin[ Exercise o3 Powers �jgreemeatl SOUTHEAST CITIES SCHOOLS COALITION A Joint Powers Authority of the Cities of Bell, Cudahy, Huntington Park, Maywood, South Gate, and Vernon April 23, 2008 Dear City Clerk: Enclosed is a signed copy of the "Joint Exercise of Powers Agreement" for each member city of the Coalition along with copies of a "Notice of a Joint Powers Agreement" and "Statement of Facts Roster of Public Agencies" filed with the Secretary of State's Office. These copies are for your files. Should you or an agent of your city have any questions or concerns regarding these documents please feel free to contact me at (323) 584-6245 or via email at marisela.cervantes@mail.com. Sincerely, Marisela Cervantes Executive Director 3401 E. Florence Avenue, Huntington Park, CA 90255, (323) 584-6245, (323) 584-6248 fax southeastschools@gmail.com �L oP FILE NO. �, Fsa State Of California m Secretary of State O-0L IPOPN' NOTICE OF A JOINT POWERS AGREEMENT (Government Code Section 6503.5 or 6503.7) Instructions: 1. Complete and mail to: Secretary of State, P.O. Box 942877, Sacramento, CA 94277-0001 (916) 653-3984 2. Include filing fee of $1.00. (Office use Only) 3. Do not include attachments, unless otherwise specified. The name of the agency or entity created under the agreement and responsible for the administration of the agreement is:Joint Exercise of Power Agreement Southeast Local Educational Authority Mailing Address:_ City of South Gate 8650 California Ave South Gate CA 90280 Provide a short title of the agreement if applicable: Southeast Local Educational Authority The public agencies party to the agreement are: (1) City of Huntington Park (4) City of SouthCvate (2) City of Maywood (5) City of Bell (3) City of Vernon (6) City of Cudahy If more space is needed, continue on a separate sheet and attach it to this form. The effective date of the agreement is: January 30, 2007 Provide a condensed statement of the agreement's purpose or the powers to be exercised: The Mayors and Ci 1 y Council Members of the Southeast Area are not only elected representatives, but residents of our communities with first—hand knowledge of the needs of the students and parents in our local schools. We are committed to insuring the availability, accessibility and high quality of educational opportunities that enrich our citizens' lives economically,culturally and socially. December 4, 2007 � �-i,�� u„� Date Sig ure H. Francisco Leal, Legal Counsel Typed Name and Title SEC/STATE NP/SF 404A (REV. 0312005) .Y i 5�pc •t rh@ W State of California Secretary of State C4LiFOP��P STATEMENT OF FACTS ROSTER OF PUBLIC AGENCIES FILING (Government Code Section 53051) Instructions: 1. Complete and mail to: Secretary of State, P.O. Box 942877, Sacramento, CA 94277-0001 (916) 653-3984 2. A street address must be given as the official mailing address or as the address of the presiding officer. 3. Complete addresses as required. 4. If you need additional space, please include information on an 8'/z X 11 page. New Filing FZ Legal name of Public Agency: Nature of Update: Update southeast Local Education Authority (Office Use Only) County: Los Angeles Official Mailing Address: City of Huntington Park Department of Parks and Recreation 3401 E. Florence Avenue, Huntington Park, California 90255 Name and Address of each member of the governing board: Chairman. President or other Presiding Officer (Indicate Title): Chair (each member 1 yr)) Name: Ofelia Hernandez Address: 6550 Miles Avenue, Huntington Park, CA 90255 Secretary or Clerk (Indicate Title): City Clerk Name: Rosanna Ramirez Address: 6550 Miles Avenue, Huntington Park, CA 90255 Members: Name: Marla Davila Address: 8650 California Avenue, Southgate, California 90280 Name: George Cole Address: 6330 Pine Avenue Bell, California 90201 Name: Felipe Aquirre Address: 4319 E. Slauson Avenue, Maywood, California 90270 Name: Frank GUrule Address: 5220 Santa Ana street, P.O. Box 1007 Cudahy, CA 90201 Name: Michael McCormick Address: ,•4305 Santa Fe Avenue, Ve d California 90058 Date: 12/21 /07 ;_s f - Gc t / - Signature H. Francisco Leal, General Counsel Typed Name and Title SEC/STATE NPISF405 (REV. 0312005) DEC-18-2007 16:53 From: To:5846248 Pa9e:2/2 DEBRA Boww I SECRETARY OF STATE- I STATE OF CALIFORNIA BUSINESS PROGRAMS I SPECIAL FMCS lsw uth 91eet, M d 130W I &Wa= O. CA9,St4 I P.o,. &Z W- 877 I &ummento, CA 94Zn-00011(9n6) 6,ml984Iwww,soe.MV December 13th 2007 H. Francisco Leal,. Legal Counsel % City of South Gate Southeast Local Educational Authority 8650 California Ave. South Gate Ca 90280 The purpose of this letter is to acknowledge the filing in this office of a Notice of a Joint Powers Agreement for Southeast Local Educational Authority pursuant to California Government Code Section 0503.5 or 6503.7. This was filed as of December 7th 2007 and assigned file number 2059. In the future, if additional information concerning the Joint Powers is to be reported to the' Secretary of State's Office, the Amendment to a Joint Powers Agreement form can be downloaded from our website at www.ss.ca.gov Lf_it.is_determined that this entity meets the 're uire lusion on the Statement of Facts Roster o u lic Agencies pursuant to Government Code Section 53051, please complete the Statement of Facts form which can be downloaded from the above listed web address and submit it for filing. Sincerely, Special Filings Unit co JOINT EXERCISE OF POWERS A:GIt:EIJMENT SOUTHEAST LOCAL EDU.rATIONAL AUTHORITY THi ' AGRIFEW ENT (the "Joint Exercise of Powers Agreement" or "Agreetuent") is dated " � ? _, 2006, by and between .the City -of hell ('Bell"), the City of Cudahy ("Cudahy"), the City of Huntington Park ("Huntington nark"), the City of Maywood ('Maywood' , the City of South Gate ("South rate'), and the City of'V'ornon C Vemon" ), each duly organized and existing under the laws of the State of California; the cities, .shall collectively be referred to as the "Members." WI`1'NESSETH WHEREAS, the Members are located within the southeast arcs of Los Angeles County and tlicir local schools are operated by the Los Angeics Unified -School District ("LAUSD"); WHEREAS, the Members have joined forces to address educational opportunities at their local schools and vet forth a common mission statement with goals and objectives. A copy of the mission statement with those goals and objectiveq is set rorth in Exhibit N." WHEREAS, the Members wish to form a joint powers authority under the Joint Exercise of -Powers Law of .the State -of California (constituting Chapter 5 of Division 7 of Title i of the California Government Codc) to advance their common mission statement, goals and objectives; and WHEREAS, the proposed joint powers authority is to exercise the powers the Members have in common to act, advocate, appear, explore, and lobby for the appropriate legislative action, including legislation under the Charter Schools Law of the State of California (constituting Part 26.8 of Division 4 of Title 2 of the California Education Code) as well as such other action deemed necessary by the Members to further the accomplishment of their missian statement, goals and obiectives identified on Exhibit "1:" NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Members do hereby agree as follows: ARTICLE I b q VI0ly- V • ►:. Section 1_1. Definitions. Unless the context otherwise requires, the words and terms .donned in IhW Article I shall, for the purpose hereof, have the meanings herein specified. "Act" utcans Articles 1 through 4 (commencing with section 6300) of Chapter 5, Division 7, Title 1 of the California Government Code- the Joint Exercise of Powers Law of the State of California. "Agreement" means this Joint Exercise of Powers Agreement. K,.kCG\SouthQate\SchoolASCSC7PAS-l.dpe 1 Southeast Local Educational Authority 270-9 tVW006J (flint Ranrwon of Yuwar$ Aemmnnnl) 17 .CIT•AOLPJ OL70LOer'=T•n1 -lHnJJ OT'L.T 0(2M71_TT_O7J "Alternate" means the individual appointed by a Member who may act as a Director when the Director appointed by the Member is unavailable. "Authority" Means the Southeast Loual Educational Authority, the authority created by this Agreement. "Board" means the Board of Directors of the Authority referred to in Section 2.3, which shall be the governing body of the Authority. "Charter Schools Act" means .Chapters 1 through 6 (commencing with section 47600) of Part 26.,8, Division 4,.of Title 2 of the California Education Code: the Charter $chants het of the State of California. "Clerk" means the city clerk of any of the Members. "Congress" means either or both the House of Representatives or the Senate of the United States of America. "Director" means the Member representative or Alternate appointed to the Board pursuant to Sec;tlou 2.3. "Finance Director" means :a finance director of any of the Members. "Fiscal Year" means the period from July 1st to and including the ..following tone 30tX "Croak" mean those goals identified on'Exhihit 96 •1 ." "Legislature" meads either or both the Assembly or the Senate of die State of California. "Lobby" means •that.activity authorized under sections 50023 and 50024 of the California Government Code. "Mayor" means the mayor of each of the Members. "Member" means Bell, Cudahy, Huntington Park, Maywood, South (.fate or Vernon. "Mission Statement".means that mission statement identified on Exhibit' ." "Objectives" mean those objectives identi .feted on Exhibit "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.1.. "State" means the State of California. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.2. KAMSouth Gwd%chooIANSC.SC1P.Ati-1 doe 2 southeast Lon( nt @ducaticnai Autha ft 27N91912l20061 (Joint Exercise of Powers Aptement9 17 .QT -ARPJ 01 MQ"0CY'7r`T -n 1 :WOJJ AT:6T PIAMa-T.T._Q'14 ARTICLE 11 GENERAL PROVISIONS Section 2_l. osc. This Agreement is .made pursuant to the Act providing for the joint exercise of powers common to the Members and fax other purposes as permitted under the Act and as .agreed by one or more of ibe parties hereto. The purpose of this Agreement is to form the Authority to advance. the Mission Statement, Goals and Objective& in the manner the Members deem necessary and appropriate and equally share.. the cost and expense incident to such activities. Sec 'on 22 . Creation of Auth . Pursuant to the Act, there is hereby created a public entity to be known as the "Southeast Local Educational Authority:' The Authority shall be a public entity separate and apart &am the M,embeo, and shal-1 administer this Agreement. Sration 2_3. Board aMEem. The Authority shall be administered by a Board of Directors consisting of -six (6) Directors, tmless.and.until such number is changed by amendment of this Agreement. The City Council of each Member shall have the authority to appoint, designate, .and replace their respective Director for .the Autboriy. In addition to selecting a Director, the City Council of each 'Member shall also have the authority to appoint, designate, and replace their respective Al•tcrnate, who will act as an alternate repmsentative for the Authority in the ahgence of their respective Director. The Board shall be called the "Board of Directors of the Southeast Local Educational Authority." All voting power of the Authority shall reside in the Heard. Section U. Meetings of the Board. (a) Regular Meet, The Board shall meet once a month and provide for at least twelve regular meetings each year unless otherwise waived by a resolution of the Authority. The date, hour and place .of the bolding of xe.gular meetings shall be fixed -by resolution .ctf, the Board and a copy of auch resolution shall be filed with each of the Members' Clark. (b) Special Meetings; Special meotings .of the Board may be called in accordance with the previsions of section 54956 of the California Government Code. (e) Place of Meetings. All meetings of the.; Board shall he held at such location as set by the Board and rotated as and when the Board deems appropriate. The initial location set by -the Roard is South .Gate City Ilan, 8650 California Avenue, South Gate, California 90280. (d) Call. Notice and Conduct of Meetings. 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 (section 54950 et seq. of the California Government Code). .Section 2.5. Mifit.es. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon .as :possible after each meeting, cause a copy of the minutes to he forwarded to each Director with copies to the Clerk of each Member. K:1CdA9ou11► Getsl,4ch4ola15CSCJPnB-),Joe � 270-9 (8lJI20061 Southeast local Cdueationdl Authority tJoint Exaciae of Powell Agreement] 17,1T_a6LDJ 0"=O"00(17f^T•t11 .11MJJ MT -LT 0fTr.17_TT_O7J Section 2.6. Voting. Each Member shall have one vote which shall be exercised by a Director, Section 2.7. Quorum and Retired Votes for Any Action. Directors holding a majority of the votes shall constitute a quorum for the transaction of buidness, except that less than a quorum may adjourn from time to time. The aTrmative votes of at least four Directors present at any meeting at which a quorum is present shall be required to take arty ;fiction by the hoard. Sixtion 2 :S; Bylaws. The Board may adopt, frtmt time to time, such bylaws, rules and regulations for the conduct of its meetings as.are necessary for the purposes hereof. ARTICLE M OFFTCERS AND EMPLOYEES Seed 3,1.. Cha' erson Vice-( Mailma-mn—Secrotaky: and Executive Director, The Directors shall appoint one of the Directors to be Chairperson of the Board. The Directors shall appoint another Director to .be Vice Chairperson of the Board. The Directors shall appoint, according to the rotation of its meetings, a Clerk to be Secretary of the Board. At the discretion of the Board, the Directors may appoint an Executive Director of ,the Authority. The officers shall perform the duties normal to said offices. The Chairperson shall sign all contracts on behalf of the Authority, unless a resolution of the Board shall provide otherwise, and shall perform, such other duties as nr y be imposed by the Board. The 'Vice-C:hairpsrson shall sign contracts and perform all of the 'Chairperson's duties 'in the absence of the Chairperson. The Secretary shall countersign all contracts signed by the Chairperson or Vice Chairperson on behalf of the Authority, unless a resolution of the Board shall. provide otherwise, perform such other duties as may be imposed by .the Board and cause a copy of this Agreement to be filed with the Secretary of State of the State .pursuant to the Act. The Executive Director, i f appninwd by the Directors, shall administer the day-to-day operations of the.Authority. Section 3.2. Trcasurer. Pursuant to section 6505.6 of the Act, a finance Director is hereby designated as the Treasurer of the Authority. The Financo Director for South Gate is appointed the initial Treasurer of .the Authority until the Board appoints a replacement by resolution. The treasurer shall be the depositary, shall have custody of all of the accounts, funds .and money of the Authority from whalbver source, shall have the duties and obligations set forth in sections 6505 -and 6505.5 of the Act and .shall assure that there shall be strict accountability of .all funds and reporting of all receipts and disbursements of the Authority. As provided in sections 6505 and 6505.6 of the Act, the Treasurer .shall make arrangements with a certified public accountant or firm of certified public aceou+Marts for the annUl audit of accounts and records of the Authority. Section 3_3. Officers in charge of Records. Funds and Accounts. Pursuant to section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, fiords and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have acm s to all other rcc±tirdtt t,f'thc Authority. K:1CMRai4th.Cate\SehoolalSCSCJPAA• Ldoe 4 Soutlteast Leval FAuWliovial Augiaeily 270-9`[VM0061 (Ioigt L•xerciie of Powen Agieemeotl Sctition 3.4. Lgeal Advisor. The ]Board shall have the power to appoint the legal advisor of the Authority who shall perform such duties as may be prescribed by the Board. 4MOpn M, %cr Employees. The Hoard shall have the power by resolution to appoint and employ such other employees, consultants .and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability; workers' compcncation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents, or .employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by any Member or, by reason of their employment by the Board, to be subject to any of the requirements of cash Member. Sec 'on 33G. Assistant Officers. 'The Board may by resolution .appoint such assistants to act in the -plate of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who may or may not be directors, as the Board shall from time to time deem appropriate, ARTICLE IV POWERS Section 4.1. General Powers. The Authority shall exercise, in the manner herein, provided the powers which are common to each of the Members, or as otherwise permitted under the Act, And, necessary to the accmplishment of the purpooses of this Agreement, aubjcct to the restrictions set forth in Section 4.3. As provided in the Act, the Authority shall be a public entity .separate from the Members, Section 442. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise -or the foml,*oing powers., including but not limited to, any or all of the fullowing: (a) to .k1her-the Mission Statement, Goals and Objectives; (b) to make and anter into puntracts; (c) to Lnbhy and perform all acts incident to such activity; (d) to explore Legislative action to accomplish the Goals and Objectives; (e) to explore whether the Authority may form a non-profit entity and pursue the actions described under the Charter Schools Act; K:\t: ASjouth Da{ot5choa1s=8CJPA8-Mae 5 Somheut Lees! EducadoW Autho ft Tin -.A jsnJ26%] (Joint Exercise of Power Ag=n=tl IM.GT•.3G!]J lain I I (fl . to form any entity permissible within the Act to carry out the acts deemed nccemaq by the Board under the Charter Schools Act ur advance roc Mission, Goals or Objectives; (g) to employ Agents or employees; (h) to acquire, construct, manage, maintain or operate any authorized public improvement permitted under the Act, including, but not limited to section 6585(g) of the Act, as well, as the common powers of the Members to acquire any public capital improvement by the power of eminent do -main; (i) to'suc and be sued in its own -name; 6) to issue bonds, notes, or other evidences of indebtedness, and otherwise to incur debts, liabilities or obligations, (k) to apply for, Accept, receive and disburse grants, loans kad other aids from any agency of the United States of America or of the State or from any other source, (1) to invest any money in the treasury pursuant to section 6505.5 of the Act which is not required for the; immediate necessities of the Authority, as the Authority determines is advisable, .in the same manner and upon the same conditions as local agencies, pursuant to section 53601 of the California Government Code; (nt) to apply for letters of credit or other form of financial guarantees in order to secure the repayment of bonds, now-t, or other evidences of indebtedness and enter into agreements in connection therewith; (n) to carry out and enforce all the provisions of this Agreement; (o) to make and enter, into bond ptuchase agreements where the Authority would agree to purchase bonds, notes, or other evidences of indebtedness from the Members; (p) purchase obligations .of any local agency; and (q) to exercise any and all other powbrs as way bu provided -in the Actor held by the Members. Section 4.3. Restrictions on Exercise of Powers. The pow.crs of the Authority shall be exorcised in the manner provided in the Act, except for those powers the Members do not have in corn mon or those retained by the State. Section 4.k. Oblig-atings of Authority. The debts, liabilities and obligations of the Authority shall not -be the delfts, liabilities and obligations of the Members. K:ECG%outb.Gntc%ehaols\SCSCJPAB-t.doo 6 southeast Local L•ducadonal Authority .ZT(V) LWZr 0061 [lolat Exeroiea of PoWern A"CM60t] .». 1... 1 ru - `....r.-..+.•.n. •itin.1J CT-"T 0GNi7_TT_D7J ARTICLE V METIIODS OF PROCEDUR)r; CREDIT TO MEMBERS SectiOn 1-1. Muni Lion of lees nsibilitiea by the Authority. As soon as practicable after the date of execution of .this Agreement, the Directors shall hold the organizational meeting of the Beard. At said meeting the Aoxnl shall elect a Chairperson and Vice -Chairperson, provide for its regular meetings as required by Section 2.4 and scat the rotation appointments for the Secretary according to the locations of the regular meetings. Section 5.2 Credit to Members. All accounts or funds created and established pursuant to any instrument ur .agreement to which tbu Authority is a pa ty., and any interest earned or accrued thereon, shall inure to the benefit of the Members in the respective proportions for which such funds or accounts were created. ARTICLE V1 CONTRIBUTION.- ACCOUNTS AND REPORTS; FUNDS We ion 6_1.. Contributions. The Members may in the appropriate circumstance,' when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, ,(b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of section 6513 of the Act are hereby incorporated into this Agreement by reference. Section 12. Accounts and Reports. To the extent not covered by the duties assigned to a -trustee chosen by the Authnrit:y, the Treasurer shall establish and maintain ouch funds and accounts as may be required by good accounting practice or by any' provision of any trust indenture or trust agreement enteral into with respect to the proceeds of any bonds, notes, or evidences of indebted -toss issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer aliall be open -to inspection at all reasonable times by representatives of -the Members. The Treasurer, within 180 days aflcr the close of each Mseal Year, shall give a complete written report of all financial .activities for such Fiscal Year to the Members to the extent such activities are not covered by the report of 'such trustee. The trustee appointed under any trust indenture or trust agreement shalt -establish suitable fiords, furnish financial reports and provide suitable .accounting procedures to carry out the provisions of said trust indenture or trt>Vat agreument. Said trustee .mnay be given such duties in said trust indenture or trust agreement as may be Aesirable to carry out this Agreement. Section 6_3. Funds. Suhject to the applicable prnvisioris of any instruments or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority fiords as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. XACQ%huth 0fi1e\Suhoe1A3C8CJPA$•I.doo 7 Southeast•Loeal Eduarjonrl Autllority .170-9 �8 OOfii1 (Joint L•xemiie ditwers Aamcmeat] 17.T1. nP. GJ .111n.1J CT -LT 0nrn_TT_07.1 Sr.ction ,�4 ual Pudogel and Administrative- Exmia.IL , The Board shall adopt a budget for administrative expenses, vuhich shirll include all expenses not included in any financing issue of the Authority, annukiily prior to July 1st of each yeas. The estimated annual administrative expenses of the Authority shall be allocated by the Authority to the Members equally. ARTICLE VTT TERM ' ction 7-1. Term. This Agreement shall become effective, and the Authority shall come into existence, on .tile date the last Member signs this Agreement. * This Agreement and -the Authority shall thereafter confmue.in hill force ,and effect until terminated by a majority vote of the entire Board. Sectinn 7;2. D14pUsition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personall, shall be divided arming the Members in such manner as shall be agreed upon by the Membem. A.RnCLE Vill MISCELLANEOUS PROVISIONS Section 8�1_ Notices. Notices hereunder shall be in writing and shall be strffcient if delivered to: CITY OF BELL Attention: City Manager 6330 Pine.Avcnue Bell, California 90201 CITY OF .CUDAUY Attention: City Manager 5220 Santa Ana Street P.O. Box ] 007 Cudahy, California 90201 CITY OF HUNTINGTON PARK Attention: City Manager 6550 Miles Avenuc Huntington Park, California:90255 K: WiSouth Gat09cho9191SCSCJPA11-i.doc 270 [9I2/2006) 5outhtmt Lots) Educational Autlulrky (mint Pxerciac of Powea Agreament) •111n _1J LT •LT (n(2r.17_TT_O7J CITY OF MAYWOOD Attention: City Manager 4319 E. Slauson Avenue Maywood,'C:alifomia •90270 Cn Y OF SOUTH GATE Attention: City Manager 8650 California Avenue 'South Gate, California 90280 CITY OF VERNON Attention: City Manager 4305 Santa Fe Avenue Vernon, California 90058 St49n 8_2. Section Readines, All section hoadings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. lion 8_3. Consent. Whenever in this Agreement .any consent or approval is required, the same shall not be ttnreasonably withheld. Section 8.4. Law Governing. This Agreement is made in the State of California under the, constitution and laws of the State, and is to be so construed, 'Section.R_5. .Atnii-ndments. This Agreement may be amended at any time, or frozen time to time, by a vote: of the majority of the entire Board. Sec i n R.A.. Enforce ent by Authority. Ile Authority is hereby authorized to take any or all legal or equitable actions, including, but not limited to, injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8_7. Severabiliv. Should any part, term or provision of this Agreement be decided .by any court of competent ,jurisdiction to be illegal or in eonfliot MAth any 'law of the State or otherwise be rendered uncnforeeable or ineffectual, the validity .of the remaining portions or provisions shall not be afreca:A tbereby. Section S.R.. SACCess%s. This Agreement shall he binding upon and shall inure to Xhe benefit of the successors of the Members, respectively. Neither Member may assign any right or obligation hereunder without the written consent of the other. K1COSoudi GatelSehoolel.SC9C IPAR-L&C 9 Southeast Local Educational Authority 270.9 (8/212006) tloint Exercise of Powers Agrceanemil LZ!£Z:aeed Bb29bRgS7R I:ol :WOJa aT:6T QGili7_TT_t77J Section 8.9. Counternarts. This Agreement may he executed in any number of counterparts, each of which shall be deemed an original, all of which, together, shall constitute one and the sane instrument. IN WITNESS WIHCREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the na►ne of each of the parties. Dated: 2006 ATTEST: Rebecca Valdez, City Clerk (SEAL) APPROVED AS TO FORM: Edward Lee, City Attorney Dated: c�' I , 2006 AT" ENT: 'Larry Galva City Clerk (SEAL) APPROVED AS TQ FORM: Pv4—A - 6" David J. Oli x, City Attorney K'WQSuuih CalelSrh00-sM% :SCJPA8-1 Aoc 270-8I&W0061 CITY OF HFL L George Mirabal, Mayor CITY OF CUDAH Y Frank Guru[ , Mayor 10 Suuthcwt Luwt Educational Authority [Joint Exercise of Powers Agreement] ) P,bP : as PA T ! 0 1 111n.I J ram •&- T Orara7- T T rl Dated: _ , 2006 ATTEST: Rosanna R.amircz, City Clerk (SEAL) APPROVED AS TO FORM: Franttisca Leal, City Attomey Dated: .. -- 2006 ATTEST Erika Navarro, City Clerk (SEAL) APPROVED AS TO F0104: Cary Reisman, City Attorney Dated. , 2006 ATTEST: Cumen Avalos, City Clerk (SEAL) APPROVED AS TO FORM: KANE, BALLMER & BERKMAN Special Counsel June Ailin KACG6q" Cint&gChw1fikq(:SC:JPAN- Ldcm 270.9 [8=0061 1 CPfY Oj, w.TNTINGTON PARK Juan R. Noguez, Mayor CITY OF MAYWOOD Samuel Pena, Mayor .CITY OF SOUTH GATE Maria Davila, Mayot 5oulhewt Luuul Eduu tiunul Aulhority (Joint Exercise of Powm Ag=montj In ..In . O G G J ---------- r. ­ Dated: _ . 2006 ATTEST: Bruce V. Malkenhorst, City Clerk (SEAT..) APPROVED AS TO FORM: Eric T. Fresch, City Attomey K:WO%9(tuth Gotc%chuoIa%CSCJPA9-I,doc 270-9 [WJ20061 CITY OF VLNON Lemis C. Mal W& Mayor 12 Soutbast Laval Educational Authority jlpint E><CMm Of Fowen Agmementl �xl�i>�ilT cc�! lift Mission Statement: The Mayors, and City Council Members of the Southeast Area are not only elected representatives, but residents of our communities with first-hand Anowledge of the needy of the students and parents in our local ,schools. 'We are committed to enuring the availability, accessibility and high.quality of educational opportunities that enrich our citizens' lives Qoonomically, .culturally and socially. Goals and Objectives. - Goal ##1: LVtalte LAU•SD accountable to the local communities it serves. Objectives: ■ Inform and address parents' concerns about educational opportunities and underperforming schools. ■ Improve the integration of schools into the organizations, institutions and infrastructurc of local communities. • C.00rdinatc with local law enforcement to improve student safety on school campuscs and in surrounding areas. Goal #2: Maximize availability of funds for schools W the Southeast cities. Objectives: ■ Ensure that Southeast city schools receive their fair share of formula and discretionary funds, based on the number, concentration and perfilrmance of students in this region. ■ Invest more funding into programs thit enhance academic performarm.c. ■ Increase proportion of funding allocated directly to the local district. Goal #3: Participate in decisions pertaining to Inc -al district administration and programs. Objectives: ■ Participate in selection of local district Superintendent. ■ Empower local district Superintendent .to select administrative personnel. KAM"South Uatc%Schoo1ASCSCJPA8-1,4oc Exhibit Southeast Local Educational Authority 2.10-9 (1=0001 (Joint Exercise of Powers Agrummemil JOINT EXERCISE OF POWERS AGREEMENT SO't TrwAST L. OC.AL EDUCAnoNAL.AUTuoR1Ty THIS .AGREEMENT (the "Joint Exercise of Flowers Agreement" or "Agreeaaent') is dated tr(006, by and behveen :the City :af Bell (`Bell"), the City of Cudahy Z dahtheiofIuntington Park ("Huntington Park"), the City of Maywood ,wood"), the City of South irate.("South Gate', and the City of Vemon ff emon"), each duly organized arLd existinX under the .] Ws .of the State of C�lifonuia; the cities, shall collectively be :referred :to as the "Members." WITNESSETH wijEu,A3, the M=bers are located within the southeast .area, -of Los Angeles .County and their lool.schools are operated by the Los Augeies Unified School District ("LAUSV),, WUP,BAS, the Mmbers have joined forces.to,address educational opportunities attheir local schoo3s and set forth a common mission statement with goals and objectives. A copy of the mission statement with those goals and objectives is set forth in Exhibit "1. " WHEREAS, the Members wish to form a joint powers authority 'under -the Joint P-5cercise of Powers Law of . be State .of California (constituting -G$apter 5 of Division 7 of Title i of the California Government Code) to advance their common mission statement, goals and objectives; and. WHEREAS, the proposed joint powers authority is #o .exercise the poWcO the hviembers have in common to act, advocate, appear, -explore, and lobby for the appropriate legislative action, including legislation under the Charter Schools Law of the State of California (constituftg Part'26.8 of Division 4 of Title 2 of the California Education Code) as Vell as such other action deemed necessary by the Members to further the accomplishment of their mission statement, goals and objectives identified on'Exlu'bit "I." NOW, 'ITWREEORE, in consideration of -the above premises .and of the mutual promises herein contained, the Mombers do hereby agree as follows: ARTICLE I DEFTNMONS ecOO 1_l. Definitions. Unless -the context otherwise requires, the words and terms .defined in this Article I shall, for the purpose hereof, have -the ipeanings hereiu specified.: "Act" means Articles 1 through 4 (commencing with section 66500) of Chapter 5, Division 7.1 Title 1 of the California Govemment Code: the Joint 'Exerc se of Powers Law of the State of California. "Agreement" means this Joint Exeroise of Powers Agreement. K4CG15twth Gate{SFboo),�SCSCIPA>;-l.doc 1 SavotewLoW Educa4ona1.APk4xnity 270-9 [iV)J20061 lloint E xarcLr..of Powers AUtcment] "Alterpate" means the individual appointed by a Member who may act as a Director when the bireactor appointed by the Member is unavailable. "Authority" means the Southeast .Local Educational. Authority, the authority created by this Agreement. "board" mews the Board of Direct= of the Authority referred to in Section 2.3, which shall be the governing body .o f the Authority. ','Charter Seboofs Act" means Chapter$ 1 through 6 (commencing with section 47600) .of Part 26.% Division-4,.of Title 2 of the :California Education Code: the Charter 5. 6bools Act of the State of California. "Clerk" means the city cl exk of any of the Members. <'Congness°' M04M either or both the'$ouse of Representatives or the Senate ofihe -IjWW 'Stata;s of America. "Director°' means -the Member representative or Alternate appointed to. the Board pursuant to Section 2,3. 9Tm' mce Director" means a finance.director of any .of the Members. "Fisp i Year" means the period from ruly Ist#o and including the following Jtwe 30& "Goals" mean those goals identified onExhibit "l ' "Let istaturs" mesas either or both, the Assembly or the Senate of the State of CaWOnnia, "Lobby" means that activity authoftd under aectipns 50o23 and 50024 of tho California •Covem m.tat'Code• "Mayor" means the mayor of each of the Members.. "Member" means i3ell,•Cudahy, Huntington PW14 Maywood, South Gate or Vernon. "Mission Statement' means that anission statementiderttified on Eychr-bit "l.'' "Objectives" mean those objectives identified on Fxlribit "V' 'Sccretar3i" meatus the Secretary of the Authority.appointed pursuant to Section 3.1. ".State" mews the State of California. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.2. 1CFiLSooth Gate\Sehools�CSCJPAB-I.doc 2 Sa ilhmt Local F.dues6oW Aug-* y.W [S/ZIZOD6] [Joint Exaciso of Powm Avc&n-Q ARTICLER GENERAL'PROVISIONS $ectibn 2_l. .F-mmse. This Agreement is made pursuant to the Net providing for the joint exercise of powers common to the Members and for other purposes as permitted tu}der the Act and as :agreed by one or more of the parties hereto. Tie purpose of :this Agreement is to form the Authority to advance the Mission Statement, Goals and Objectives in the .manner :the Members deom necessary and appropriate .and equally share the cost and expense hicident to .such activities. -Section 2:2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Southeast Local Educational Authority." The Authority shall be a.public entity separate and apart From the Members, and shall administer this Agreement. Section 2.3. Board of Directors. The Authority shall be administered by # Board of Directors consisting pf six (6) Dirmtors unless and until such qumber is changed .by amendment of this Agreement The City Couucii of each 'Member shall have -the authority to appoint, designate, and replace their respective Director -for the Authority In addition to selecting a Director, the City -Council of each Member shall also have the authority to .appoinit, designate, and replace their respective Alternate, who 'will act as an alternate •representative for the Authority in the absence of their respective Dkocoor. 'rho Board .shall bo called the `Board of Directors of the Southeast Local Educational Authority." Ali votirig power of the Authority shall reside in the Board. •S ion 2.4. Meetings of tho. Board. (a) Regular Meetins. The Board sWl west once a month and provide for at least twelve regular raecungs each yeas• unless otherwise waived by a resolution of the Authority The date, hour and place of the molding of regular meetings shall be fixed by resolution -of the Board and a .copy of such resolution shall be filed with each of the Members' Clerk. (b) Spmial. Meetings Special meetings of the Board may -be called in accordance with the provisions ofsection 5406 of the California Gover nlaemt Code. (c) dace ofMeetings. All meetings of the Board 'shall be held at such location as set by the Board and rotated as and when the Board deems appropriate, The initial location set by the Board is 'South Oate City Hajl, 8650 California Avenue, South Gate, California 90280.. (d) Call Notice and Conduct of Meetings. All meetings of the Board, including •without limitation, regular, adjourned regular -and •special meetings, shall he .called, noticed, held .and conducted in accordance with the provisions of the Ralph M. Brown Act (section 54950 et seq. of the California Government Code). Section 2.5. 1Vlmutes._ The Secretary shall cause to be kept mutes of #be meetings of the Board and shall, as soon .as possible after each meeting, cause a copy of the minutes to be forwarded to each Director with copies to the Clerk of each Member. K:1cmauth Oatel,4cboQIASCSWA8-J doc 3 Southeast L W £ducpdonA Auffiodly 270-9 ju2 noon point Exem* of Powers Ageemeut] 5.ection 2..6. Votine. 13ach Member shall have ptie vote which shall .be .exercised by a Director. — Section 2_7. Ouprum and Required Votes for Any Action. Directors holding a majority of the votes shall ,constitute a :quorum for the transaction of businesst except that less than a .gporum may adiouxn from -time to time. The affirmative votes of at least four Directors present at any meeting at which a quorum is present shall be required to take any action by the'$oard, .ection ^8. -Dylaws. The Board may adopt, lrom time to time, such bylaws, rules and regulations for the conduct of its meeting$ as .are necessary for the purposes hereof AttTICLF,M OFFICERS AND EWLO'YEES Ssetio�n.3TI_ Chairperson Vice -am rrsan_,_, NpqWIM,and Executive Diracior. The Directors shad .appoint one of the I*ectors to be Chairperson of the Board. 'Mb Directors shall appoint another Director to be Vice Chairporson of the Board. The Directors shall appoint, according to the rotation of its meetings, .a Cle. rk to be Secretary of the Board. At the discretion of the Board, the Directors may appoint an Fxectrtive Director of the A.utbor~ity. no officers shall perform the dirties normal to said offices. The Chairperson shall sign all contracts on behalf of fine Authority, unless a resolution of the Board shall provide otherwissO, .annd .shall perform such other duties as may be imposed by the Board. The Vice -Chairperson shall sign cnntracts and perform all of the Chahpemon,s duties irl the absenco of the .Clidupemon. The Secretary shall countersign all contracts signed by the Chairperson or Vice Chairperson on behalf of the Authority, unless a resolution .of the Board. shall provide, otherwise, perform such other duties as may be imposed by the Board andcause a.copy of this Agreement to be.filod With the Secretary of State of the State pursuant to.tbe A.ct. 'T'he Executive Director, if appointed by the Directors, shall admimster the day -today operations of the.Auhority Section 3.2. T=easwer. pmu suant to section 6505.6 -of -the Act, a pinanee Ding;tor 'is .hereby designated as the Trpasuror of the Authority. The Finance Director for South Cate is appointed the initial Treasurer of the Authority until the Board appoints a replacement by resob4vu. 'The Troasurer shall be tho depWltary, shill have CWtody of all of the accounts, -funds and money of the Authority from whatever source, shall have the duties and obligations set forth in sections 6505 and .6305.5 of the Act and -shall assure that there shall ba strict aocotitntability of A fonds and reporting of 4 rooeipts and disbursements of the Authority. As provided. iA sections 6505 and 6505.6 of the Act, the Treasurer shall •makb arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. Section 3_3. Officers in Chase of Recorrds Funds .and Accournts. Pursuant to section 6505.1 of the Act, the Treasurer shall have charge of, bandle and have access to all accounts, finds and money of the,A,uthority and all records of the Authority relating thereto; and the Secretary shall have charge of bandle andhave.access to all other records of the Authbrity.. V0CGQwtb G.&iPWchouLS%CSCIPA8-1A- 270-9119f7i WQ 4 Sbuthcasl-Lpcal Ldmd-alAbdwdty tioutS Hxmrj=of'P.owwO AWC=eW3 .11. B.ec `b 3.4. 1&gal Advisor. The Board shall have the power to appoint the, legal advisor of the Authority who .shall perform such duties as may he prescribed by the Board. Qftel EgipQyees. Th& Board shall have the power by resolution to appoint and employ such -other employees, .consultants and independent contractors as may be .necessary -for the purposes of WsAgmment All of the privileges and inmumities: from liability, exemption fkom laws, ordinances and rules, all pension, relief, disability, workers' compensation and otherbenofits which apply tQ the activities of officers, agents, or employees of -a public agency when perforrtting their res peMve- fimctions shall apply to tho •officers, agents -or employees of the Authority to the same degree and extent while en an other duties o rs, • .gaged in the Per6rmarm of any of the functions d duti f such ffipe ag ents oremploym under this Agreement Mono of the officers, agents, or employees directly employed 'by the. Board Aall bO deemed, by -reason of their employment by the 'Board.to be employed hy'aby Member or, by, Tcaso,u of thoir zraployment 'by the Board, to be subject to any of the requirements of each Member. SectioII L6. AssistantQfflcers. The Board may by rosoMbn appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority'Who may or may not be directors, as the Board shall from time to time deeM. appropriate. ARTICLE IV POWLIP-S Sec.6 4.1. OMM—AL Powers. 1U. Auffim* shall exercise, in the manner. herein, provided thevowers which are common to each of the Members, or as otherwise permitted under the, Act, and, pecessary to the =omplishmont of the -purposes of this Agreement, subject to the restrictions set faithfaithin SoWon 4.3,. As provided in the Act;the Authority shall be a public.entity separate from -the—Members. Section by authorized, in its own came, to 4.2. Spggific Powers. The Authority is here do allacts necessary for the exercise of the forego*.powers, including but not limited to, any. or all -of the following: (a) to further the Mission Statement, Goals and Objectives; (b) to make and enter into Contracts; (c) to Lobby and perform -all .acts incident to such activity; (d) to explore legislative, action to accomplish the Goals and Objectives. (a) to explore whether the Authority may form a non-profit entity and pursue the actions described under the Charter Schools Act; Southeast laeg Pdma&nW AuthorityKACOSpuffi Qo%SqhooUWCSCkA2_L4De 5 2709 JB=�] [joint Exalix pfroy4= Agrpment) (t) to forth any entity permissible within the Act to .carry out the acts .deemed necessary by the Board under the Charter Schools Act br advance the Mission, Goals or Objectives; (g) to. employ. agents or employees; (h) to aeginre, construct, wanage, maintain or operate any authorized Public iuoprovenment permitted under the Act, including, but hat limited to section 6585(g) of the.Act, .as well as the common powers of the Members to acquire any public capital improvement by the power of eminent domain; (i) to sue and be sued in it's own name; (i) to issue bonds, notes, or odw evidences of indebtedness, and otherwise to . incur debts, liabilities-or.obligations; (k) to apply for, 4ceept, receive and disburse -grants, loans and other aids from. any agency of the United States of America or of the State or from any other source; .(1) to invest any money in the treasury pursuant to. section 6505,5 .of the Act which is not requued for the immediate necessities of the Authority, as the Authority determines is advisable, .in the seme pnanner and upon the same conditions as local agencies, purmaut to section 5.3601 of the jCalifonaia Government Code; (m) to apply for letters of credit or other form of financial guarantees in order to secure the repaym t of bonds, notes, or other evidences of indebtedness and enter into agreements in connection •therewith; (n) jo carry out and enforce all the provisions of this Agreement; (o). to make and enter into bond ptrrobnse ngrDemeuts where the Authority would.agree to purchase bonds, notes, or other, evidences ofindebtedness from the Members; (p) purchase obligationsof any local agency; and -(q) to axercise any and ail .other powers. as may be provided in the Act or held by theMembto. Section 4L3. Resections on Exercise of Powers. oMe poryer$ of tho Authority shall be exercised in the manner provided in -the Act, except for those powers the Members do -not have in .common or those retainedby the State. Section 4.4. Ohlnatiens of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members. K.1Ccrs0oth Gmo\TchD0IS%aCWA" don 6 sou+ �1 a t And .270-9 LW� pogrtPacere+saatF�awu�sAgcecmcAt) �utl ARTICLE V METHODS OF PROCEDURE; CREDrf TO MEMBER;; :Sect on.5_1. Asstunution of R.esponsibiliiies by the Authority. As Soon as ptactiaable after the date of execution of this Agreexnont, the Directors shall hold the organizational meeting of the Board At said meeting the Board shall electa Chairperson and Vice -Chairperson, pro'.n.de for its regular meetings as .required .by Section 2.4 and set the rotation APPointments for the -Secretary according to the locations of the regular meetings: 8ecrion 5.2. Credit to Merithers. All accounts or funds , created and established pursuant to any instrument ;or agreement to .which the Authority .is .a party, and :any interest earned or accrued thereon, shall inure to the benefit of the Members in the respective proportions for-Whiirh such funds or accounts were -created. A.,VCLB'VI CONTRIBLMOM ACCOUNTS AND REPORT'S; FUNDS Section 6. Conrribbutions. 'The Members may m the appropriate circtunstance, when required hcmmtdm (a) make .contri'butioM from their treasuries for. the purposes set :forth herein, (b) make paynvnts of public fiords to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its persowet equipment for property in lieu. of other contributions or advances: The provisions of section 6513 of the Act are hereby incorporated into this Agreement by reference. Sect' 6.2. Accounts and Reports. 'fro ,the mdent.not covered by ft duties assigned to a trosteo chosen by the Authority, the Tmasurer shall establish and ra, AD such funds and accounts as may be -required by good accounting practice or by any' Provision of any trust indenture or #rust .agreenieut -entered into with respect to the proceeds :of .auy houds, pofes, or evidences of indebtedness issued by the Authority. The books and records of the Authority in the hands of a trustee or -the Treamer shall be open to inspection at all roasonable times by representatives of :the Members. The Treasurer, within 180 d air the close cif each Fiscal Year, shall give a complete Vritien report of all financial activities for such Fiscal Year to the Members to ft extent such activities are not covered by the report of bush -trustee. The trustee appointed finder any trust indenture or trust agreement shalll establish suitable funds, famish financial reports .and provide suitablo accounting ptoceduces to carry out the provisions of said trust indenture -or trust agreement Said trustee mad+ be given such duties in said trust indenture or crust agreement as may. be. desirable to. carry out this Agreement. Section 6.I Funds Subject to the .applicable provisions of any instruments or agreement which the Authority may enter into, which;may provide for a trustee to receive, have custody of and disburse Authority fu ds, the Treasurer of #be Authority shall V=Ive, bhve custody of and .disburse Authority funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements squired by this Agreement .or to carry out any of the provisions or pagx=s of this Agreement, K-IC, 4outh Gate)RAWIslSGaUMS-L&C 170 91&7nob61 writ mti oral Eduritiond Auttwfity pojot Exercise of ?—.t A�otl Buftpg and Administrative Exvenses. The Board rthaU adopt a budget for administrative expenses, which shall include AD axpeasibs not included in any financing issue of the Authority, annually prior to July Ist of each year The estimated annual administrative expensed of the Authority .shall .be allocated by .the Authority to the Members equally - ARTICLE VU TERM Sectimul. im This Agreement shall become ejrecfivq,, and the Authority shall come -into existence, on the date the -last Member signs thisAgrermcut This Agremout and the Authority shall thereafter continue In full force and effect until teminated by a majority vote of the .entire Board. Section 12. 'Distmition— of _Assets. Upon termination of this Agreement; all property of sho Authority, both real and porsonal, shall be divided AMOng the Members' such manner as shall be agreed upon by the Members. MISCELLANEOUS PROVISIONS Section g. jid be sufficient L No Notices her=der shall be 'A writing P shall Su w if delivered to. CITY OF 13PILL Attention: City'Manam 6330 Pine Avenue ]Rei% California 90201 CM OFICUDAHY Attention: ' City.Manager 5z20 Santa A;na Street P.O. Box 1007 Cudahy, California 90201 -CITY OF MNTINGTON'PARK Attention, City Manager 6550 Mies Avoulkt; Huntington Park, California .90255 ,SOVg=a Loml EdumfiorW Auftrity )LAGGW�OU& Gata�W�.CJYA8-1 .00.0 8 Troia FAffCW cfPzwws.Agm=-fj 270-9 1=000 CITY OF MAY WOOD Atteu4on: City Manager 4319 E. Slauson Avenue Maywood., �Wifornia 90270 CITY OF SOUTH GATE Attention. City Manager 86% California Avenue Sou th uth Gate, California 90280 CITY OY VERNON Atten tion: g"�xgWrActing City Clerk .4305 SantaYe Menu& VeXuon, Callfarnia -90058 Section g_2. Section Headings. An section headings in this Agreement are for zonvmjence of wfermm only and are not to be Construed as modifying or governing the Impu*e in the section referred to or to define or fimilth scope of. any -provision of WS Agrement, -S content or approval is 40o 8 3, Consent_ Whenever in this Agreement any c required, the same shall not be unrmozaVy withheld. Sectionof Californiaaunder .a.4. Law This Agreement is made in the state the constitution and laws of the State, and is to be so c9n$trued- -section.8.5. Amendments. Thi., Agreement may be amended at any fte, or from :time to time, by a vote of the majority of the en&e.IJqxxL .lion 8,6 EnfbrccMeWt.kL&U_ftE_U, The Authority is hereby authorized to bkr- any actions including, but not limited to, in .()r AU legal or equitable junction and specific per. ormmce, necessary ()r permitted by law to enforce this Agreement. -Section 8.7. &verabili ly. Should any part, t= or provision of this Agreement be .decided by any .court ,of competent juds(*;tign W be illegal or -in conflict with any law of the State or otherwise be rendered imenforeckle, oT ineffectual, the validity of Ihe, remaining portions or provisions shall not be affected therchy. Section 8-8. Successors. This Agreement shall he Finding upon and shall inure to the benefit of the successors'.0. iheMembers, respectively, 'Neither Mem er.may assign any right Or obligation hereunder without the written consent of the other. KAMSouth Gat6Scha.0Is=CJPAI- I.dpc ,270-9 [8=0061 Southeast IAxxI Edutafional Authority -Point ExcrOv otPowas Agmn=t) Soodon $.9. Oounteraarts. This Agroptneat way bo exwoted it, aAY number Of c9unterpatts, racb of whicbsbal) Jie deemed an ofiginal,.0 of w.hi* together, shall I mustitute 0* and the same iusWMelxL iN w-mess'vaZ"0,F, the parties beretp have Caused this Agreement to be executed and attested by their proper officers thcMUDW duly authorized and their of r1ciat seats to br, hereto on,he'day Md year set opposite the name of each of the parties. affixed, A gated: 2006 CITY OF BELL ATM1 T: Rebecca Valdez, City C10* (GEO) APPROWID AS TO FORM; Edward Lee, City Attorney . I)Ated: 2006 A.TTMST: %arry Ilavan, City Clerk .(SEAL) APPROVED AS TO FORM: David l. 61im-, City Attorney George hflrabaL Mayor CITY OF CUDAHY David hi. Suva, Ivtayor S0,ffCW L=*1 MeadoW AWbm* y NCG%gou& CAft%SchmjsVCSCjPA&-I.&C [joibmercim.of-rowon Art—Ml 270-9 [8P40D6j I Dated: 2006 ATTEST -- Rosanna RamirO7, City Clerk (SEAL) APPROVED AS TO FORM: Fralacisco Ual, City. Attorney Dated: ATTEST: Erika Navarro, QtY Clerk (SEAL) APPROVED AS TO FORM Cary Reisman, City Attorney Dated; 2006 ATTEST: Carmen Avalos, City .Clerk (SBAL) APPROVED AS TO FORM: KANE, BALLNER & BERKN4AN -Special Counsel June Ailin r, - xmsouth Gat6Schools\S.CSCJPA8-1,dk)c 270t9 18=0%] CITY OF 1UNTINGTON PARK Jup R. NogwMayor CITY OF MAYWOOD Samuel Pena, Idayox CITY OjFS0,UTH CTAU Maria I)iQ,% Mayor v 'Oug"A Local EducationalAudmTky fjointExqvisp-ofPawca Agreement] ]Dat . Sept. 5 , 2006 •CI3'Y OE VERNON �tlni5 C. Maiburg, S�yor Bruce V. Mp'lkmhout, f3i4w Jr . (SEAL) Acting City Clerk ,APPROWD M TO F.OW: Eric T. Eresch: City AttOmy K)CG1South!GatelScLoolsISCSCJPAB l.doc 12 Soualew-Loco] Ed wfio- l AWhOFity [ipintjxeccis0 of Pow= Auttmcnt] 270-9 [8&*bD6] EX�IXBTT "1" mission Statement: the Mayors and City Council Members of the Southeag grea are not only elected representatives, but residents of our communities withf re -hand knowledge of the needs of the students,andparents in ourfocal schools. We are committed to ensuring the availability, accessibility and high.qualityof educational opportunities that enrich our citizens' lives economically, culturally and socially. Goals and ObjecOves. Goal #1: Make iL,AUSA accpuntablo to the local ,coMinunities it serves. Objectives, Inform and address parents' concem about educatio:lal opportunities and undorperforming whools,. A Improve the integration of schools into the organi4 ions, institutions -and inflastructare of locaicommuuities, ■ Coordinate withlocal -law emf%=ment to inprove ,sfildent safety on school campuses and in surrounding oreas. Goal #2: 1Vltuximizeovaila ilty of funds for schools in the-Southlrast.cides. .objectives: k Ensre that Southeast city $drools reeuive their fair share of formula and discretionary fiords, based :on the number, concentration and petfoMance ddudents in this x OM - Invest more funding into progr4xw that eAwco aeadeMic performance. increase proportion of funding allocated. directly to the low distract. Goul 0- Participate in decisions pertaining.to local.district adp owsir;Lfiou and programs. :Objectives: 4 Participate in :selectit n of local district Superintendent. a Empower local district Suporintendent to select administrattivo personnel. ^ a �?UO� A°�� KCMouth 0aWNSCh001ACCiPA8-1.do.c [Joint Ex=isc ofPowes AVe[-t] 27.0-9 t820o6 JOIN- T'EXERCI$E OF POWERSAGREE MEN, T SO'UTEEA•ST LOCAL ED`UCATI.QNA'L.AUTIiQ'FJTY 'THIS .AGREEMENT ,(the _ "Joint Exercise of Powers Agreement" or "Agreement") -is .dated . , 2046, by and bet -weep ,the City :of $.ell ("BW.), the City of Cudahy (",Cudahy"), the CAA of Huntingtbn .Park (``Huntington Park"), the •City, of Maywood .("Maywood"), :the City o South •.Gate ,C'$.outh Gate'), and the City .of 'Vernon (5`Vernon"), each duly.orgamzed.and existing under the ••laws .of the State of California; the cities, .shall coUrotively be xei erred to as the "Members." W. ITNE9SET-9 WHEREAS, the Members are located within the southeast .area. -of Los Angeles .County and their local schools are operated by the Los Angeles Unified :School District ("LAUSD"); AREAS, the Members have joined forces.to,address .educational opportunities at their local schools and set fortha common Dussion statement w.i :goals and objectives. A copy of the mission statement with those,goals and objectivws is set forth in Exhi'bit'T" WHEREAS, the Members wish to form.a3:oint powers authorily'underte joint Exercise of Powers Law -of the State .of California (constituting Chapter 5 of Division 7 of Title 1 of the .California Government Code) to advance their oommon mission :statement, goals .and objectives; and WHEREAS, the propoSed;joint powers authority is to .exercise tho powers the Knl dbors have in. common to act, .advocate, .appear, -explore, and lobby for the appropriate legislative action, including :legislation under the Cbarter Schools Law :of the State of Cali-thrtua .(constituting Part'26.$ of Division 4 of Title 2 of the California Educetioa Code) as•well,as such other action, deemed necessary by the J =b. ers to P4itber the accomplishment of their mission Atatetaent, goals .and objectives idemtifled on'Exhibit-'T?' 'NOW, TMRMRE, in consideration of•the above premises .and. of the mutual promises horein contained, the Members do lib reby agree as follows: AkTICLE I DEFMTIQNS e tion I.I. Definitions. 'Unless -the context otorwise regWres, the words -anti terms .defined in this Article I shall, for the purpose hereof, have -the %eauings herein -specified, "Act" .meads Articles i through 4 (cojnmencing with section ,6500) of Chapter 5, Division 7., Title I of the California -Goverment Code: the Joint'Exorcise of.P.owers Law of the .State of California. "Agreement" means this Joint Exercise of Powers Agreement. KAMSbuth G,atelS.choolslSCSCJP,AB-l:doc 1 Southecst Loeal'EducaGonal,Ayt(iarity 270-9 [MOO61 [Joint•Exerdise,ofPow.em Agreement] I "A.itemate" neaps the individual appointed �y a Member who may -act.as ,a birector -when the biractor;appointed by the Member is unavailable, `'Authority" .means the Sout4east ,Lbcai Educational ,Auuthority, the authority created by `$,oard" means the Board of Directors .pf the Authority referred to ;in Section 2.3, which .shall be the governing body.of the Authority. "Cl}arter Sdhools Act" Jeans :Chapters 1 through .6 (commemcil < with section 476.00) of Part 26 ,8, Division•4, ;ofTitle 2 of the California Education Code: the Charter R.cboois,A.ct of t�e State of California. "Clerk" means the city.derk of any of the Merahets. "Congress" means either or'both the Ouse :of•Representatives.or the ,S-enate ofthe Uxii-W States -of America. "Director" means 'the Member representative or Alternate -appointed to. the .Board pursuant to $eption 23. ' F.inance Director" means a finance.director of any,of the Members. - "Fiscal `Rear" meaus :the .period from July Ist to and including the following rux►e 30th. "Goals" mean those goals identified onlxhibit "I." "Legislatgre" paeans .eitber or both the Assembly or the 'SmAe of the State .of Caiifarnia, "Lobby" means .that.activity authofm' ed'umer sections 50023 and $0024 of the California -Govemmeut Code. "Mayor" means the mAyor of each of the Members.. "Member" means Bell,•Cudahy, Huntingto Y#k, Maywood, South ,G,ate or Vemon. "Mission Statement" mean8 that • mi.ss'ion'statement•tdenti-fied on txhibit'T" "Objectives'"mean those objectives identified on Exhibit "11" "Saecxetary" -means the Secretary of the Authority, appointed pursuant to Section 3.1; "State" •paeans the State -of California. 'Treasurer' means the Treasurer of the Authority gpom. ted pursuant to.Seotion.3.2. K kCG4South.Gatalschools\SCSCJPA8-1,doc 2 southcut•Local Educational Authority 270-9'[8=006] [Joint Exercise of PoWors Agreement• AWnCLE•LI GENERALTRQVISIONS S.ec 'on;LL —Purpose. This Agreement is made pursuant to the Act providing for the joint exercise of powers .common to the Members and for other purposes as pemutted =der the Act and as agreed by one or more of the parties hereto. The purpose .of this Agreement is to form the Authority to .advance the Mission Statement, Goals and bbj ectiv .s Min the .manner :the Members deem necessary and appropr;ate :and equally share the post and exppt o - ideht to •suph ,activities. :Section 2_2. .Creation of Authoritysl'.a-rsuant to the ,Apt, there is hereby created a public entity to be Known as the "Southeast Local Bduoatiqual,Authority.' The Authority ,shall be separate and apartfora the Wrn ers, .anal sb.ail -Aden nister this Agreement. S.eciion 2 3 Board of Directors. The Authority shall be administered by .a Board -of Directbrs,consisting.ofs`ix (6) Direotors,'uzAess.=d.uritU such number is changed -by armondment of this Agreement. The City Comcil of each 'Mem er shall have -the authority tb appoint, designate, and replace their respective Director -for the Authority. In addition .to seleptiug a Director, the ,City •Council of each Mom,bLw •shall also have the .authority to .appoint, designate, .and replace ;their respective Alternate, who vwill ,act as -an alternate representative for the Authority in the absence of their• respective Directot, 'Tile Board :shall be called the `R:oard of Directors of the Southeast Local Educational, Authority." A11,voting power of the Authorrty:&hall reside in the Board. 'S ctio 14. Meetings.of the.Board. (a) keguiar'Meetings.. The hoard •sh671.34eet olxcb •a'month and provide for at least twelve regular meetings earh year unless otherwise waived by a resolution of the Authority.. The date, pout :and plane .of the holding of •regular meetings :shall be fixed by resolution .of the Board aad•a.popy of each resolution shall be Med with each of the Members" Cleric. (b) Special. Me,etiM Special meetings of the 13oazd may Abe called in accordance with the provisions of.secti.on 54936 of the.California Govemmeut Code, (c) .Palace AfMeetiI ss. All meetings of the Board shall be held at such location as set by the Board and '<otated .as and when the Board deems -appropriate, The initial location set by the Board is 'South .Grate City °Hall, 8650 California Avenue, South Gate, Califomia 90280.. (d) Call. Notice and Conduct of Meetings. All meetings of the Board, including -without limitation, rogular, .adjourned regular .and -speoidl meeting's, shall he .calle.CL noticed, held .and conducted in accordance with the provisions of the E,alph M. Brown Act (section 54950 et seq. of the California Gov:erp- ent Code). Sectlon _5. Nil s. The Secretary shall cause to be kept •nmihutes of the .meetings of the $oard .and shall, as soon.as ;possible after each meeting, cause a copy of the minutes to be forwarded to each Director with copies to the Clerk of each Member. K:1CG15oythGetelsghoQIs% SC7PA8-1,aoc 3 Sou$eastLoral 'EducationelAuthority 270.9 (01 2006] [Joint Exercise of Powers Agreement] S.ection 16. , 'Voting Pack Member -44U have soxie vote which shall be Pxeroise4 by A Director., Section 2.7. _Quorum -and Required Votes for &1y Action. Directors h9lding.a majority of the -Yotoa shall .constitute aquor.um for the trans4rtion of business, ,except that less ,than a .quorum may adjourn from -time to fimp,. The of irm4tivp votes of at least four Directors pT.qejat at any =ofing at which a quorumls -ptesput.ohaill be required to take any action by.thp'13.ond, -8.eggRg �.8. ' Bylaws. The Board may adopt, from time to time, suchbylaws, -rules and rep9latim for the conduct of its meetings warp -necessary for the purposes hereof. ARITCLE'M OFFICERS AND ENTLOYFE-S .sectio IL Chairperson, VicejQhg,-1rp.er.s.qn, Seg-MIX and 'Executive Director. The Directors shall .appoint one of the Diredoys to be Chafi-person of the 13.oard, The Directors shall appoint another Direotor to be Vice Chairperson of the Board. The Directors -shall appoint, accordingthe rotation to th iou of its meetings, .a Clerk to bp;8ecr-etaiy of the Board, At the discretion of the Board, the Directors may appoint anExecutive ;director -of the Autha:dty. TbP officers shall perform the duties normal to said Pfficaq. The Chairperson ,per on shall sign all .contracts on behalf of the Authority,'unless a resolution Qf the Board OPPLU pxmide othemn'so, .=d.shall ,perform such -other &u.6rs As may be Imposed by the Board. The Vice -Chairperson shall.sign -contracts and perform all of the ChAirperson'N duties 'in the -abaence of the, Chdirptuon. The -Secretary shall countersign all contracts signed by the ChairpDrso.n. -or Vice Chairperson on behalf of the Authority, unless -a resolution .of ;tho Board -shall provido otherwise, perform such other duties -as may be imposed by —the Board and cause -a copy of this Agreement to be, Mod mil& the 'Secretary of State -of the -Rate pursuant to the Act, The gxecutive.Director, if.appointed by the Directors, -shall administer the day-to-day operations of -the.Aulhoiity. gection 3.2. Treasurer. Pursuant to section 6505.6 -of -the Act, a Pinance Director 'is hereby designated as the Treasurer of the Authority. Tile ftance'Dirpctor for South Qgte is :appointed the initial Treasurer of the Authority until the Board appoints A jelylarPraoixt �y- resolution: The Treasurer -shall be the depositary, shalt have custody .of all of the accounts, ftmds .and money of the Authority from -whatever source, shall have, •the duties and dbligationssat forth in -soctiof is 6505 -ana .6505.5 of the Apt and -shall assure that there shall he.stdct nopoiIntabilityof all funds and r.eporting of 011 ropeipts and 41 einents of the Authority. As pr ovided in sections 6505 and 65Q5.6 of the Acl, the Tr6asurer shall mplco ta-tangenienta with a'certified public accountwit or firm of certified pliblir, accountants for the :annual -audit of ,accounts :and .records of the Authority.. Spot 3.�. .Officers in Charge. of .Records, Funds and Account Pursuant to section.6505.1 of the. Act, the Treas.urr.er and have access to .ail shall have charge o-� handle accounts, funds and money of the Awhority -and all records of the ,Authority relating thereto; and the Secretary shall have charge of, handle and haveacc!ass to :all other records of 14 Authbftty KAOMSOuth Gate\Schoo1S\,SGSCJPA8-1,d0C 4 S.Outhedt-Locai Viduc0onaWitho ' 8ty 270-91[)V2/2006] [Joint-txercjse off.awem Agreem=tj Section 3_,4, Legal Advisor. The 'Board 6a•11 have the power to appoint the legal -advisorof the Authority who ,shallperform such duties as may be prescribed by the Board. ection J Other .Employees- The Board :shall have fe power by resolntion to appoint and ,employ mch •other •employee$, .consultants ,and'independent contractors as maybe uecessaryfor the purposes of this,Agreennent, All of the privileges and immunities from'liab�lity, exemption fxom laves, oxdinances .and rules, all pension, relief, disability, workers" compensation and other benefits w.hich,apply tq the activities of officers, ,agents, or employees of.apublic agency whenperfonnipg their rosp Give fimctions:shall ,apply to the -officers, agents :or emp.layees of the Authority to the same degree and extent while engaged in the pe,eQ mapce of any of the fu�uctions.and 4th�r duties of such officer, agents or employees under this Agreement, Nono of tho officers, agents, or .employees. directly eiA toyed by the Board shall bo .deemed, by reason of their •employment by the 'Board to be employed by, ;any Member or,, by Teaso,)a of th*, ,e nploymeut'by the $card, to by ; b,Ject to .any of the requirempats of each Member. SeT etion 3�6. Assistant Officers. The Board may. by rosolu�tion .appOiRt such assistants to act in tkie •placc of the Secretary .or other officers of the Authority (other than 'any Vvjwtor), and may by resolution provide for the -appointm6nt .of additional officers of the Authority -,who .T,CIay .or clay not he directors,. as the Board •shall. from time to time deem appropriate. ARTICLE IV PONZRS Section 4_1. General powers. The .,#Wthority shall ..exercise, in the manner herein, provided the,powers wXch,are 0oixun5n to each of the, Mpnibers, .or as otherwise perm tted;uader the Act, and, necessary to the accomplishment ;of the -purposes of this Agreement, subject to the restrictions set forth in •S oction 4.3J As provided in the Act, the Autl ority .shall be a public ,entity .separate from the 7vMembers. coon 42. Spedifie Powers. The Authority is hereby authorized, in its own name, to do all,acts necessary for the exercise -of the foregoingpowers, including but not litnited to; any or ;ill -of the following: (a) to further the. Mission Statelment, Goals and Objectives; ,(b) to make and eater into contracts; (6) to Lobby and perfogn•all,acts incident to such activity; (d) -to .explore legislative action;to accomplish the Goals and 'Qbjectives'; (e) to explore whether the ,Authority may form a non-profit entity and pursue the actions described under the Charter.Scho,ols Act; K:1CGlsauth GaWSchoolASCSCIPAS. Woo 5 southeast LocaLEduca6ond Autharity 2761918W2006) Voint Exercise pf Powers Agmmantj •(i) to form any entity permissible within the Act to carry out the acts ,deemed ,necessary :by the 18oard under the Charter Schools Act or advance the Mission, Goals or Objectives; (g) to •.employ .agents .or employees; (h) to acquire, ,construct, npagage, .maintain .or operate any autho " ed public improvement permitted Lander the Act, including, but nit limited to section 6- 85(g) of the,Act,.a's well- as the common powers of the Members to -acquire .any public capital improvement by the power of eminentdoXnain; (i) to 'sue ,bmd be sued in itt own -name.; •(j) to issue Bonds, notes, -or ateir evidences of indebtectaess, -and otherwise to incur .debts, liabilities •or.obligations; (k) to apply far, ;accept, receive and disburse -grants, loans and other aid$ •from any agency of the United States of America or of the State or from any other :source; •(i) to invest any money in the #seasu y pursuant to -.section 6505,5 of the Act which is zot tegifired for the immediate necessities •of the Authority, as the Authority determines is advisable, ,in the .same -manner .and upon the same conditions as local agencies, pursuant :to section 5.3601 of the California Government Code; (xn) to apply for letters off' credit or other form of financial guarantees in order to secure the repayment of bonds, gotes, or other evidences of indebtedness -and :enter into agreements in connection .therewith; (n) to carry out and egfor ce all the provisions of this Agreement; (o) to make and enter into bond ptirc`4oSe agreement$ wl;lerO the Authority would.ggree tq put -phase bonds, notes, .or other.evidenees of indebtedness from -the Members; (p) purchase.obligatzoDs of any local agency; and (q) to bxercase any. and -all .other powers as inay be provided $n the Act or held by the Members. Section AlRestrictions on-aercise of Powers. The powers o� thb Authority shall be exercised in the manner provided iin the A,ct, except for those powers the Members do •not have an common or -those retained by the State. Section 4_4. Obligations of Authority. The debts, liabilities .and obligations of the Authority shall not'be the debts, liabilities and obligations of the Members. K.%CG1South GatelSchools4SCSC,EPAB-:I.,doe 6 southgastUcaj Wuca604al Adthority .270.9 [8/21200q :Voint.Exereise •o f Powers Agreement] ARTICLE V METHODS OF PROCEDURE; CREDIT TO WM$PRS Seatio S.i. Assggmpfion of Responsibilities by the Authority. As -soon as practicable zfter.the -date of exegufim .of this.Agrebmott, the Directors shall hold the .organizationalmeeting of the 13gard. Atsaid mp.eI4n8 the Board 13h4il elect-, Chairperson and Vice-Q-haIT' Pwn,provide for its regular meetiftgs as required .by , Section 2.4 •and sot the Totafion 'appointments' -for .Ihe Secretary ,according to the locations of the reVflarmeetings. Section 142., Credit to 'Members. All gLcc0=ts; or ids created and established pursuant to any instt=ent or qrLe.embnt to which the Authority is .a party., and .any Interest earned or accrued thereon, -shall inure to the borxefit of the Members in the respective proportions for which such funds or accounts were -created. ARTICLP,"VI CONTREBTITI01IT: ACCOUNTS AND REPORTS; FUNDS Section 6.1.. Contributions. 'Me Mfmbers may in -the,appropiriate circumstance, when required hexeunder:.(EO . ) make ,contributions from their treasuries for the proposes ses .set forth herdit, 0) Wake PaYMents Of public funds to defray. the cost of -slich purposes, (c) make -adv.ances of public funds for s-mdli purposes, such -advances to be Trepaid, as provided herein, or (d) use its personnel, equipmeilt or property in lieu of other -contributions or Adv,=crs, The PrqVisiQAs of section 6513 of to Act we hereby incorporated into this Agreement by reforeoce. -9 q - Ptio 6.2. Accounts and Reports. To the e te, t. not covered by tiv.duties assigned to X ]a a trustee chosL-nby the Authority, the 'Treasurer .shall -establish and Xaala%mi -such funds and accounts as may be - required by good accounting practice or by any provision of any trust indenture or trust'agrrelxxent -entered intowith respect to the proceedsof any -bonds, notes, or o 'donces of indebtedness issued by the Authority. The books and x0cord's of the Authority y in the hands of a trustee or -the Treasurer shall bre open to inspection at all reasonable times by representatives of the Members. The Treasurer, v itbit 180 days ;after the closb'of each Fiscal Year, 4ig11 give a c.9tuplete witten report of all ,financial activities for such.Fisc.Ekl Year to the Members to the oxtent sugh activities are AQt c9wredby •the -report of 'sugh trustbe. The trustee appoinW under any trust indenture or -trust agreement .shall -establish suitable funds, fumi5h finatkdiAl TOPQrts -and -provide suitable acppuriting ptocedimps to -carry out the provisions of -gaid trust indenture or trust .agreemetit. Said trustee may be given =4duties in said trust indenture of tiust agreement as may be .desirable to. carry out this Agrbefnent, -Sbctib CL Funds, $ubj -Oct to the .applicable provisions of any instruments or .a�=rrlentvhich the Authority map :enter into., which may provide for a trustee to receive, have custody of and disburse, Authority funds, thp Treasurer of 63�e Authority shall OD.Ce-iVe, bAV.,e custody of and disburse Authority ,funds as flearly as possible -in accox-4aiiop with generally ,aoQepted accminting practices, .and shall make the disbursements tequirea by this Ageement or to cam out any of the provisions orphposes of this Agree=-.nt, -k:%Crj\South GatitiRcrhools==PAS-Ldoc 170-918/V20106.] 7 Sotdtheast.Locaj Educational AuthoLity [Joint Exercise of powers Agreement] Se• ctlon6._4. Annnal 13u et and Adlnitietrative Lxpenses. Th $oard sha11 adopt a budget for administrative expenses, which shall iuplude ,all expenses not included in ,any financing isslte .of the.AuttlSprity, an. nUally, prko�r, to July lst bf •eacb year. The estimated annual .administrative expenses of the Authority ,shall be allocated by .the Authority to the Members equally..- ARTICLE VII TERM Section 7.1. Term. This Agreement -shall become effective, and the Authority shall .come into existenge, Qn the plate the. last Member signs this Agreement. This Agreeixwmt apd the Authority shall thereafter eontinue in ,full force ,and .effect until terminated fiy a maj orit3► vote of the .entire B.oard, Section 7_2. Dispositionn of.Assets. Upon termination of this .Agreement, all property of the Authority, both real amd personal, •shall be divided among the Members in suc'h, manner as :shall be agreed upon by the Members. ARTICLF •NUI MI 8 C ELLANROUS PROV[SIONS Aection $_l. Notices. Notices izerem.der shall be in writing and shall •be sufficiexlt if delivered to: CITY OF BELT, Attention: Oty'Manager 6330 Pine Avenue Bell, CaMornia90201 CITY OF''—UDAHY. Attention: City Uat4get .5220 Santa Anna Street P.O.. Box 1007 Cudahy, California 90201 -CITY ,OF HUNTINGT.O,N'PARK Attention: City.Manager 6-550 Miles Avenue HuntingtgnPark, Califor is 90255 K:\C.M9outh Gato%cho6ls\SCSCJ,PA8-1.doc g :$oVtheast Lbcal Educational. Authority 270.9,[8=006] [Joint Exercise of Powers Agrc=enf] CITY OP MAYWOOD __-Attention, City Manager 4319 R Slauson Avenue Mapwood,'(DaliforwA,90270 CLT)t OF RO;[1TH •CrATE Attention: ,City Manager 86,50California Avenue 'South Gate, California 90280 CITY Cj� VERNON Attention: City ,Manager •4.305 S.anta;Fe Avenue Vernon •Califorpia 90058 Section 8.2.. Section Headings. All section headings in this Agreement are for .cenveuience of zeferemce only and are no;t to be construed .as modifying or governing -the language .in the-see#ion referred to or to define or -limit -the :tcop'e of any provision of this Agreenmeut. 'S.ec ion 8_,3. Consent eAever in this Agreement Any -eonsent or approval is required, the same'shail not be u=easonaVly withheld. Section 8.4, Law. :Governing. This Agreement is -made in the State .of C.aiiforriia under #lie constitution arld aws of the State, .and is to be, so construed. 'Section .8_5. Amendments. Tliis Agreement may be amended at uy tune, olr frbrR time to time, by a vote of the majority of the entire3�oard. :Se. ctior� 8 b Enforcement by.Authon'ty. The Authority is hereby authorized to take any .or all legal or equitable ;aetion5, including; but not •iimited to,. injunction .and specifie performance, necessary pr pemitted.by law to enforce this Agreement. Section 8.7. Seyerability Should any pant, term or provisign of this Agreementbe .decided by any court.of competent jurisdictipn to be illegal or zn conflkct with any law of the State br otherwise be rendered unenfbrceable or Ineffectual., the validity' .of the remaining •portions or provisions shall not be .affected thereby. Section 8_S.. Successors. This Agreement shall -be U'inding upon and shallinure to the benefit of the successors-4the IVTembers, respectively, Neither Mem�ber.may assign any riglrt.or obligation hereunder without the written conoent of •the other. K'-NCG1South.GatMehools\sCSC;PA•9-l.dpc 770-9 CM006] Southeast -Local Edutatloaal.Authority -[joint Exorcise of Powers Agreement] k..i UT LUwnCy JbG 7GJ bJCG h'.10�/l7� '8brdon8.9. CamtEma . Mis Ap e=eut may be oxecutpd ift aty ,nttmbes of. coumtMarb, each Af wbach A4, be de=4 an migi A .ail of W. h14 togeti3er, thQ,C0Wdt►rtg on; and dm same ivst =ept. �T Wl` 4P,81C V M"CIF, the pardw k=, to haw muwA this A+gm=eat tp bt shed and attested by $ev pmptr otem themunto riuly Atftrized And *Air official slzols to be hereto a:f =d, gn the ,Ay and year stt opppsito the name of ,each of the 2006 - :00M.5. . Dated: . 2000 AT 91% Larry Glayru, City Clerk PAL) APPROVED AS TO FORM: David L Olives, City A#Dmey 7LACPdmufh (3aw%cbaa4\9CSCJ1PA6-1,dbc 2704 [=006] _ ................. wmwuwL OFFICIAL SEAL 9 g REBECCA VALDEZ CITY CLERK SELL, CALIFORNIA 9�iIIIIII111UII111111111111111111H111111111tl111111111111111111111111111111411i7k i CM OF CUDASY .David. M. Ova, Mayor 10 smt" LOW sa�►� Aufhm" Ualut Exe- IE afflaNf n Agmmt6t) FEB 27 2009 16:1F TOTAL P.02 CZC-i On-7 C70M nnnr -- Dated: 2006 ATTEST: Bruce V. M4lkfn.hor5t, City Clerk (SEAL) APPI.ZOVED A-S TO FORM: Eric T. FrssQh, City Attorrney - K:1CG1Sauth.GatelScbools\5CSCJ PA S-1,doc 270-9 [812=06] :,C T'X OF VERNON Leonia C.'Ualburg, Mayor 12 Sautbeast•Lacal Edugational Authority V.ointExrrcisa of Pavers Agreement] •Li+' � •tc�vi Missioh S.tatemont! The Mayers and :City Council ,Members of the &WhOast Area are not only elected represeniatives. but res;dents of our Gomm. unities with fi. rst-hand knowledge of the needs of the students,an• dparents in.our.local schools•. Ve.ar.B committed to ensuring the availability,. accersibiliiy �rnd ltig�r,quality of,educational opportunities that enrich our.citizens" lives economically, .cultutally, andsocially, Goals and Objectives.; :Goal 1: make LAi7SD .accountable to the local eoWmunities it serves. Objectives. 'Itform and address parents' conce ns .abort educational opportunities •and underperforming schools,. A Irnproye the integration of schools into the orgala%zations, instit-.utions -and infrastructure of I•ocal;cbmmwAities, IS .Coordinate with local law erl`orcemeat to improve -student safety on -school campuses and in surrounding areas. Goal #2: XMLxiuOxe ava1lab 1ity,of funds for .schools in the Southeast tides. •O•b etives: k 'Ensure that Southeast city schools receive their fair share of formula .and discretionary f mds, based :on the numbet, .concentration •=d gerfowance of -students in this xeg on.. r Invest more f mdiug intd prbgramSthat enhance acadeoxc performance. Increase propoion of funding allocated directly to tho local district. Goal # ]Participate indecisions p.eirtaining to local •district administra4ou •cud pro:gr :Objectives; ' 1 participate in:sel-ection of local distart,Supointendent. Empower'loeal district Superintenden# •to select administrative personnel. K;1QbSouth Gate4SchoolASCSCJPA8-1.doc Exhibit "I" SouthemtLocal r38ueational Aufhority 27.0-9 (812/2006] [Joint Exorcise of.Powers Agrrment] r, JOINT EXERCISE OF POWERS AGREEMENT SOUTHEAST LOCAL EDUCATIONAL AUTHORITY THIS AGREEMENT (the "Joint Exercise of Powers Agreement" or "Agreement") is dated , 2006, by and between the City of Bell ("Bell' ); the City of Cudahy ("Cudahy"), the City of Huntington Park ("Huntington 'Park"), the City of Maywood ("Maywood"), :the City of South Gate .("S:outh Gate' ), and .the City of Vernon ("Vernon"), each duly organized and existing under the laws of the State of California; the cities, shall collectively be referred to as the "Members." WITNESSETH WHEREAS, the Members are located within the southeast area of Los Angeles County and their local schools are operated by the Los Angeles Unified School District ("LAUSD"); WHEREAS, the Members have joined forces to address educational opportunities at their local schools and set forth a .common mission statement with goals and objectives. A copy of the mission statement with those goals and objectives is set forth in Exhibit "l." WHEREAS, the Members wish to form a joint powers authority under the Joint Exercise of Powers Law of the State of California (constituting Chapter 5 of Division 7 of Title :1 of the California Government Code) to advance their common mission: statement, goals and objectives; and WHEREAS, the proposed joint powers authority is to exercise the powers the Members have in common to act, advocate, appear, explore, and lobby for the appropriate legislative action, including legislation under the Charter Schools Law of the State of California (constituting Part 26.8 of Division 4 of Title 2 of the California Education Code) as well as such other action deemed necessary by the Members to further the accomplishment of their mission statement, goals and objectives identified on Exhibit "1." NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Members do hereby agree as follows: ARTICLE I DEFINITIONS Section 1.1. Definitions. Unless the context otherwise requires, the words and terms defined in this Article I shall, for the purpose hereof, have the meanings herein specified. "Act" means Articles 1 through 4 (commencing with section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code: the Joint Exercise of Powers Law of the State of California. "Agreement" means this Joint Exercise of Powers Agreement. K:\CG\South Ggte\Schools\SCSCJPA8-l.doc 1 Southeast Local Educational Authority 270-9 [81212Q061 [Joint Exercise of Powers Agreement] "Alternate" means the individual appointed by a Member who may act as a Director when the Director appointed by the Member is unavailable. "Authority" means the Southeast Local Educational Authority, the authority created by this Agreement. "Board" means the Board of Directors of the Authority referred to in Section 2.3, which shall be the governing body of the Authority. "Charter Schools Act' means Chapters 1 through 6 (commencing with section 47600).o.f Part 26.8, Division 4, -of Title 2 of the California Education Code: the Charter Schools Act of the State of California. "Clerk" means the city clerk of any of the Members. "Congress" means either or both the House of Representatives or the :Senate of the United States of America. "Director" means the Member representative or Alternate appointed to. the Board pursuant to'Section 2.3. "Finance Director" means a finance director of any:of the Members. "Fiscal Year" means .the period from July 1 st to and including the following June 30th. "Goals" mean those goals identified on Exhibit "l ." "Legislature" means either or both the Assembly or the Senate of the State of California. "Lobby" means that activity authorized under sections 50023 and 50024 of the California Government Code. "Mayor" means the mayor of each of the Members.. "Member" means Bell, Cudahy, Huntington Park, Maywood, South Gate or Vernon. "Mission Statement" means that mission statement identified on Exhibit "l." "Objectives" mean those objectives identified on Exhibit "1." "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.1. "State" means the State of California. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.2. K:\CG\South Gate\Schools\SCSC7PA8-l.doc 2 southeast Local Educational Authority 270-9 [8/2/2006] [Joint Exercise of Powers Agreement] ARTICLE II GENERAL PROVISIONS Section 2_l, P. ose. This Agreement is -made pursuant to the Act providing for the joint exercise of powers common to the Members and for other purposes as permitted under the Act and as agreed by one or more of the parties hereto. The purpose of this Agreement is to form the Authority to advance the Mission Statement, .Goals and Objectives in the manner the Members deem necessary and appropriate and equally share the cost and expense incident to such activities. Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created s public entity to be known as the "Southeast Local Educational Authority." The Authority shall be a public entity separate and apart -.from the Members, and shall administer this Agreement. Section 2_3. Board of Directors. The Authority shall be administered by a Board of Directors consisting of six (6) Directors, unless and until such number is changed by amendment of this Agreement. The City Council of each Member shall have the authority to appoint; designate, and replace their respective Director for the Authority. In addition to selecting a Director, the City Council of each Member shall also have the authority to appoint, designate, and replace their respective Alternate, who will act as an alternate representative for The Authority in the absence of their respective Director, The Board shall be called the "Board of Directors of the Southeast Local Educational Authority." All voting power of .the Authority shall reside in the Board. Section 2.4. Meetings .of the Board. (a) Regular Meetings., The Board shall meet once a month and provide for at least twelve regular meetings each year unless otherwise waived by a. resolution of the Authority. The date, hour and place of the holding of regular meetings shall be fixed :by resolution of the Board and a copy of such resolution shall be filed with each of the Members' Clerk. (b) Special. Meetings. Special meetings of the Board may <be called in accordance with the provisions of section 549$6 of the California Government Code. (c) Place of Meetings. All meetings of the Board shall be held at such location as set by the Board and rotated as andwhen the Board deems appropriate. The initial location set by the Board is South Gate City Hall, 8650 California Avenue, South Gate, California 90280. (d) Call, Notice and Conduct of Meetings. 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 (section 54950 at seq. of the California Government Code). Section 2_5. Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as :possible after each meeting, cause a copy of the minutes to be forwarded to each Director with copies to the Clerk of each Member. K;\CG\South Gate\Sch0o1s\SCSCJPA8-1.doc 3 southeast Local Educational Authority 270-9 [8/2/2006] [Joint Exercise of Powers Agreement] Section 2_6. Votintr. Each Member shall have one vote which shall be exercised by a Director. Section 2.7. Quorum and Required Votes for Any Action. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least, four Directors present at any meeting at which a quorum is present shall be required to take any action by the Board. Section 2_8. Bylaws. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof. ARTICLE III OFFICERS AND EMPLOYEES Section 3_1. Chairperson, Vice -Chairperson, Secretary and Executive Director.. The Directors shall appoint one of the Directors to be Chairperson of the Board. The Directors shall appoint another Director to be Vice Chairperson of the Board. The Directors shall appoint, according to the rotation of its meetings, a Clerk to be :Secretary of the Board. At the discretion of the Board, the Directors may appoint an Executive Director of the Authority. The officers shall ;perform the duties normal to said offices. The Chairperson shall sign all contracts on behalf of the Authority, unless a resolution of the Board shall provide otherwise, .and shall perform such other duties as may be imposed by the Board. The Vice -Chairperson shall sign contracts and perform all of the Chairperson's duties in the absence of the Chairperson. The Secretary shall countersign all contracts signed by the Chairperson or Vice Chairperson on behalf of the Authority, unless a resolution of the Board shall provide otherwise, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State of the State pursuant to the Act. The Executive Director, if appointed by the Directors, shall administer the day-to-day operations of the Authority. Section 3_2. Treasurer. Pursuant to section 6505.6 of the Act, a Finance Director is hereby designated as the Treasurer of the Authority. The Finance Director for South Gate is appointed the .initial Treasurer of the Authority until the Board appoints a replacement by resolution. The Treasurer shall be the depositary, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations 'set forth in sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds .and reporting of all receipts and disbursements of the Authority. As provided in sections 6505 and 6505.6 of the Act, the Treasurer shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. Section 3_3. Officers in Charge. of .Records, Funds .and Accounts. pursuant to section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. K:\CG\Sbuth Gate\Schoo1s\SCSCJPA8-1.doc 4 Southeast Local Educational Authority 270-9'[8/2/2006] [Joint Exercise of Power; Agreement] Section 3_4. Legal Advisor. The Board shall have the power to appoint the legal advisor of the Authority who shall perform such duties as may be prescribed by the Board. Section 3�5. Other Employees. The Board shall have the power by resolution to appoint and employ such other employees, consultants and independent contractors as may be necessary for the purposes of this Agreement, All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents, or employees of a public, agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent While engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by any Member or, by reason of their employment by the Board, to be subject to any of the requirements of each Member. Section 3T6. Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who may or may not be directors, as the Board shall from time to time deem appropriate. ARTICLE IV POWERS Section 4_1. General Powers. The Authority shall exercise, in the manner herein, provided the powers which are common to each of the Members, or as otherwise permitted: under the Act, and, necessary to the accomplishment of the purposes of this Agreement, subject to :the restrictions set forth in Section 4.3. As provided in the Act, the Authority shall be a public entity separate from the Members. Section 4T2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to further the Mission Statement, Goals and Objectives; (b) to make and enter into contracts; (c) to Lobby and perform all acts incident to such activity; (d) to explore legislative action to accomplish the Goals and Objectives; (e) to explore whether the Authority may form a non-profit entity and pursue the actions described under the Charter Schools Act; K:\CG\South Gate\Schools=SCJPA8-l:doc 5 Southeast Local Educational Authority. 270-9 181212006) [Joint Exercise of Powers Agreement] (f) to form any entity permissible within the Act to carry out the acts deemed necessary by the Board under the Charter Schools Act or advance the Mission, Goals or Objectives; (g) to employ agents or employees; (h) to acquire, construct, manage, .maintain or operate any authorized public improvement permitted under the Act, including, but not limited to section 6585(g) of the Act, as well- as the common powers of the Members to acquire any public capital improvement by the power of eminent domain; (i) to sue and be sued in its own name; 0) to issue bonds, notes, or other evidences of indebtedness, and otherwise to incur debts, liabilities or obligations; (k) to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America or of the State or from any other source; (1) to invest any money in the treasury pursuant to section 6505,5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to section 53601 of the California Government Code; (m) to apply for letters of credit or other form of financial guarantees in order to secure the repayment of bonds, notes, or other evidences of indebtedness and :enter into agreements in connection therewith-, (n) to carry out and enforce all the provisions of this Agreement; (o) to make and enter into bond purchase agreements where the Authority would agree to purchase bonds, notes, or other evidences of indebtedness from the Members; (p) purchase obligations of any local agency; and (q) to exercise any and all other powers as may be provided in the Act or held by the Members. Section 4_3. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Act, except for those powers the Members do not have in common or those retained by the State. Section 4_4, Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members. K:1CG\South Gate\Schools\SCSC)PA8-].doc 6 Southeast Local Educational Authority 270-9 [8/2/2006j [Joint Exercise of Powers Agreement] ARTICLE V METHODS OF PROCEDURE; CREDITTO MEMBERS Section 5_1. Assumption of Responsibilities by the Authority. As soon as practicable after the date of execution of this Agreement, the Directors shall hold the organizational meeting of the Board. At said meeting the Board shall elect a Chairperson and Vice -Chairperson, provide for its regular meetings as required by Section 2:4 and set the rotation appointments for the Secretary according to the locations of the regular meetings. Section 5.2. Credit .to Members. All accounts or funds created and established pursuant to any instrument or agreement to which the Authority is a party, and any interest earned or accrued thereon, shall inure to the benefit of the Members in the respective proportions for which such funds or accounts were created. ARTICLE VI CONTRIBUTION: ACCOUNTS AND REPORTS.; FUNDS Section 6_L Contributions. The Members may in the appropriate circumstance, when required hereunder: (a) make contributions from their treasuries for the purposes .set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances, The provisions of section 6513 of the Act are hereby incorporated into this Agreement by reference. Section 6.2. Accounts and Reports. To :the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust indenture or trust agreement entered into with respect to the proceeds :of any bonds, notes, or evidences of indebtedness issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by representatives of the Members. The Treasurer, within 180 days after the .close of each Fiscal Year, shall give .a complete written report of all financial activities for such Fiscal Year to the Members to the extent such activities are not covered :by the report of such trustee. The trustee appointed under any trust indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to -carry out the provisions of said trust indenture or trust agreement. Said trustee may be given such duties in said trust indenture . or trust agreement as may be desirable to carry out this Agreement Section 6_3. Funds. Subject to the applicable provisions of any instruments or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. K:\CG\South Gate\Schools\SC5CJPA8-l.doc 7 Southeast Local Educational Authority 270-9 [8/2/206] [.foist Exercise of Powers Agreement] Section .6_4. Annual Budget and Administrative Ex ems. "The Board shall adopt a budget for administrative expenses; which shall include all expenses not included in any financing issue of the Authority, annually prior to July last of each year... The estimated annual administrative expenses of the Authority shall be allocated by the Authority to the Members equally. ARTICLE VII TERM Section 7.1. Term. This Agreement shall become effective, and the Authority shall come into existence, on the date the last Member signs this Agreement.' This Agreement and the Authority shall thereafter continue in full force and effect until terminated by a majority vote of the entire Board. Section 7.2. Disposition of.Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall be divided among the Members in such manner as shall be agreed upon by the Members. ARTICLE VIII MISCELLANEOUS PROVISIONS Section 8_1. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to: CITY OF BELL Attention: City Manager 6330 Pine Avenue Bell., California 90201 CITY OF CUDAHY Attention: City Manager 5220 Santa Ana Street P.O. Box 1007 Cudahy, California 90201 CITY OF HUNTINGTON PARK Attention: City Manager 6550 Miles Avenue Huntington Park, California 90255 K:\CG\South Gate\Schools\SCSCJPA8-l.doc 8 Southeast Local Educational Authority 270-9 [8/2/2006] [Joint Exercise of Powers Agreement] CITY OF MAYWOOD Attention: City Manager 4319 E. Slauson Avenue Maywood, 'California 90210 CITY OF SOUTH GATE Attention: City Manager 8650 California Avenue South Gate, California 90280 CITY OF VERNON Attention: City Manager 4305 Santa Fe Avenue Vernon, California 90058 Section 8.2. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the :scope of any provision of this Agreement. Section 8_3.. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 8.4. Law.Governing. This Agreement is made in the State of California under the constitution and laws of the State, and is to be so construed. Section 8_5. Amendments. This Agreement may be amended at any time, or from time to time, by a vote of the majority of the entire Board. Section 8.6. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including, but not limited to, injunction and specific performance, necessary or permitted by :law to enforce this Agreement. Section 8.7. Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any 'law of the State or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section 8_$. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members, respectively. Neither Member may assign any right or obligation hereunder without the written consent of the other. K:\CG\South Gate\9chools\SCSCJPA8-l.d9c 9 Southeast Local Educational Authority 270-9 [81212006] [Joint Exercise of Powers; Agreement] Section 8_9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, all of which, together, shall constitute one and the same instrument, 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 to be hereto affixed, on the day and year set opposite the name of each of the parties. Dated: , 2006 CITY OF BELL ATTEST: Rebecca Valdez, City Clerk (SEAL) APPROVED AS TO FORM.: Edward Lee, City Attorney Dated: , 2006 ATTEST: Larry Crlavan, City Clerk (SEAL) APPROVED AS TO FORM: David J. Olivas, City Attorney George Mirabal, Mayor CITY OF CUDAHY David M. Silva, Mayor K:\CG\South Gate\Schools\SCSCjPA8-l.doc 10 Southeast Local Educational Authority 270-9 [8/2/2006] [Joint Exercise of Powers Agreement] Dated: September 5,. , 2006 ATTEST: Ros a R.irez, City Cie rk ) (SEAL APPR,PVED AS TO FORM: v Fraribisco Leal, City Attorne Dated: Sept. 5, , 2006 ATTEST: Erika Navarro, City Clerk (SEAL) APPROVED AS TO FORM: Cary Reisman, City Attorney Dated: .2006 ATTEST: Carmen Avalos, City Clerk (SEAL) APPROVED AS TO FORM: KANE, BALLMER & BERKMAN Special Counsel June Ailin CITY OF H NTINGTON PARK um R. Nog ez, Mayor CITY OF MAYWOOD Samuel Pena, Mayor CITY OF SOUTH GATE Maria Davila, Mayor K:\CG\South Gate\Schools\SCSC7PA8-I.doc 1 ] Southeast Local Educational Authority 270-9 [8/21/2006] [Joint Exercise of Powers Agreement] Dated: , 2006 ATTEST: Bruce V. Malkenhorst, City Clerk (SEAL) APPROVED AS TO FORM: Eric T. Fresch, City Attorney CITY OF VERNON Leonis C. Malburg, Mayor K:\CG\South Gate\Sehools\SCSCJPA8-l.doc 12 Southeast Local Educational Authority 270-9 [8/2/2006] [Joint Exercise of Powers Agreement] EXH1lSIT C4V Mission Statement: The Mayors and .City Council Members of the Southeast Area are not only elected representatives, but residents of our communities with first-hand knowledge of the needs of the students and parents in our local schools. We are committed to ensuring the availability, accessibility and high quality of educational opportunities that enrich our citizens' lives economically, culturally and socially. Goals and Objectives; Goal:#1: Make LAUSD accountable to the local communities it serves. Objectives: • Inform and address parents' concerns about educational opportunities and underperforming schools. ■ Improve the integration of schools into the organizations, institutions and infrastructure of local communities. ■ Coordinate with local law enforcement to improve student safety on school campuses and in surrounding areas. Goal #2: Maximize availability of funds for schools in the :Southeast cities. Objectives: • Ensure that Southeast city schools receive their fair share of formula and discretionary funds, based on the number, concentration and performance of students in this region. ■ Invest more funding into programs that enhance academic performance. • Increase proportion of funding allocated directly to the local district. Goal #3: Participate in decisions pertaining to local district administration and programs. Objectives: • participate in selection of local district Superintendent. Empower local district Superintendent to select administrative personnel. K:\CG\South Gat6SchoolASCSCJPA8-1.doc Exhibit "1" Southeast Local Educational Authority 270-9 [8/2/2006] [Joint Exercise of Powers Agreement] Contract No. 2310 JOINT EXERCISE OF POWERS AGREEMENT ;SOLMiEAST LOCAL EDUCATIONAL AUTH011117 Y THIS .AGREENW-NT .(the "Joint Exercise of P►�wcrs Agreement" or "Agreement") iS dated , 2006, by and between -the City of Bell (":13e11'�, the City of Cudahy ("Cudahy"), the City of 'Huntington Park ('Huntington Park!% the City of Maywood ("Maywood %:the City of South Gate ("South Gate"), and the City of Vernon ("Vernon"), each duly or8anizcd and exibling under the laws of the S•tatc of C-Aifornia; the citios,.shall co11wtiycly be referred to as the "Members." WITNESSE*TH WHEREAS, the Members are loeatcd within the southeast area of Los Angeles County and their local schools are operated by the has Angeles Unified School District ("LAUSD"); WHEREAS, the Meinliers have joined forces to.address educational opportunities at their local schools and set forth a common mission statement with goals and objeetiveg. A copy of iilc mission statement with those goals and objectives is set forth iu Exhibit "1," WHEREAS., the MGmbors wish to forth a joint powers authority under the Joint Exercise of Powers Law of the State of California (twnstitutinb Chapter 5 of Division 7 of Title 1 of the California Government Code) to advance their commnn mission statement., goals and objectives; and WHEREAS, the proposed joint powers authority is to .exercise Ike pow.en the Members have in common to act, advocate, appCir., cxplorc, and lobby for •tire appropriate legislative action, including :legislation under the Charter Schoola Law of the ,-sstate of California (constituting Part 26.8 of Division 4 of 11ilc 2 of the C.AMipia Education Code) as well as such other action deemed necessary by the Members -to further the accomplishment of their mission statement, goals and objectives identified on Exhibit "1." NOW, THEREFORE, in consideration of the above premises and .of the mutual promises herein contained, the Members do her0y agree as follows: ARTICLE I DLFTIMTIONS Scs,tipn 1_.1,. Definitions. Unless the context otherwise requires, the words and terms defined in this Article I shall, for the purpose hereof, have the meanings herein specified. "Act" ,meaas Articles 1 through a (commencing with section 6500) of Chapter 5. Division 7, Ti.tic 1 of the California Government Code: the Joint Exercise of Powers Law of the State of California. "Agreement" means this Joint Exercise of Powers Agreement. KACGZbuth GatatSchoo1a%SC3CJPA8-Ldoc 270.0 rer=61 Southeast Local F.tlukcaliotul.ANtttority VOW >:x063t Or PO -en AQreetneetl LZ12:a6PA Abag17AC4:'a9'L:01 :woJa CT.:6T. QPM;3_TT_p7a "Alternate" menus the individual appointed by a Member who may act as .a Director when the Director:appainted by the Member is unavailable. "Authority" -means the Southeast Local Educational Authority, ,the authority created by this Agreement. "Board" weans the Board of Directors of the Authority referred to in: Section 2.3, which shall be the govcntingbudy of theAuthority. "Chtuter Schools Act" means C�apters 1 through 6 (comineneuig with section 47600) .of Part 26.9, Division 4, of Title 2 of the California Education Code: the Charte,-r Schools Act of the Suatc of California. "Clerk" means the city cleric of, any of the Memberu. "Congress" means either or both the House of Representatives or the .Senate of the United Stlitbs of Atiierica. "Director" means the Member representative or Alternate -appointed to the Board pursuant to Section 2.3. "Finance Director" means a fmanceAlrector of any -of the Members. "Fiscal Year" means the period from xuly rat to and jncluding the following June 30th. "Croak" mean those goals identified on Exhibit "I." "Legislature" means either or both the Assembly or the Senate of the State of Califarnia. "Lobby" means that activity authorized tinder sections 50023 and 50024 of thu California Qovcrt =nt Code. "Mayor" means the mayor of each of the Members, " tylcmher" means Bell, Cudahy, Huntington Pat.k, Maywood, South Gate or Vernon. "Mission Statc,munt" =m Amy that missiva stawrnent identified on Exhibit "LA "Objectives" mean those objectives identified on Fxliibit "1," "Sc Tulary" means 010 SecrtOry oC the Authority appointed pursuant. to Section 3.1. "State" means the• State of California. "Treasures, meads the Treasurer of the Authority appointed pursuant to Section 3.2. K \l Cltiorth CaklSeheoltl5CSC1PA9-1.doc 2 Southeast Local Educational Authority 2104 tsano(q lioitnt Exom a of Pawara Agreement) ARTIC1,13.11 GENERAL PROVISIONS Section IL aimose, This Agreement is made purma-1 to lhc: Act providing for the joint exercise of powers. common to the Members and for other purposes .as permitted twder the Act And as agreed by one or more of the parties hereto. The purpoac of this Agreement is to form the Authority to advance the Mission Statemeat, Goals and Objectives in the manner the Members deem necessary and appyopriate and equally share the cost and expense incident to such activities. Roction 2.2. Caeation of Authority. Pursuant to the Act, there is hereby created a public entity to be kmown as the "Southeast focal Edudationul,Authurity." The Authority shall be a public entity separate and apart from the Members, and shall ac4niaister this Agroement. S.et+lion z_3. Board of i ectorm. The: Atithority shall be administered by a Board of Directors consisting of six (6) Directors, unless .and until such number is changed by amendment of this Agreement. The City Coupcii of oach Member shall have the -authority to appoint, designate, axid replace' their respective Director for the Authority.. In addition to selecting a Director, the City Council of each Member shall also have .the authority to appoint, designate, and replace their respective AlWartate, who will act as an alternate representative for the Authority in the absence of their respective Director. 'The Board shall be called tho "Board of Directors of the Southeast Local Educational Authority." All voting power of the Apthority shall reside in the Board. Section 2.4. Meetings of the Board. (a) Regular Meetings. The Board -shall meet once a monda and provide for at least twelve regular meetings each year unlogs otherwise waived by a resolution of the Authority. The dale, hourand place of the holdin,,g of roplar meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with each of the Members' Clerk. (b) Social Meetings. Special meetings of the Board may -he called in accordance with the provisions of section 54956 of the California Gaverx,nxeot COdU, (c) Place .of Meetings. All meetings of the Board shall bo held at such localit)n as set by the Board and rotated as and -when the Board deems appropriate. The initial location act by the Board is South Gate City Hall, 8650 California Avenue, South Gate, California 90280. (d) Call. Notice and_ _Conduct of Meetings. All meetings of the B.oard, including without limitation, regular, adjourned regular .and spc;cial meetings, shall he .called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (section 54950 el Keq. cif the California Government Code), Section 21 Minutes, The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon .as possible after each meeting, cause a copy of the minutes to be forwarded to each Director with copies to the Clerk of each Member. KAMHouth GRU%3choo1s\S(?5r:1•PAHA,doc 3 SoudJcat Growl Rduulliorlal Audnfrhy 27A-9 [UM0061 . IJ(lnt IiK*reisc of Cowers Agreement) 17 .L.MFGJ •111n.JJ OT-"T 0MMM_TT_O7J Section 24. V tine. Raab Mcmber shall have, oue vote which shall be exercised by a Director. cti n 2_7. Ouorum and Required Votes for Any Action. Directom holding a majority of the voles shall constitute a quort nn for the transaction of business, except that less than a quorum may adjourn frorn time to time. The affirmative votes of at least four birectors present at any meeting at which a quonim is present shall be required to take any action by the Board. Section 2_8. 13 laws. The Board way adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof. ARTICLE III OFFICERS AND EMPLOY M S eeti n,3. I, Chairperson, Vice -Chairperson. Secreetxry and Executive Director. The 'Directors shall appoint ono of tho laircotors to be Chairperson of the Board. The Directors shall appoint another Director to be Vice Chairperson .of the Board. The Directors shall appoint, according .to the rotation of its meetings, a Clerk to he :Secretary of the Board. At the discretion of the Board, the Directors may appoint an Executive :Director of the Authority. The officers shall perform the duties normal to said .offices. The Chairperson shall sign all contracts on behalf of the Authority, uolcss a resolution of the Hoard sbaM provide otherwise, .and shall perform suclt other duties -as rrtay bo irrtposed by the Board. The Vice -Chairperson shall sign contracts and perform all of the Chairperson's duties in the ahsmec or the .Chairperson. The Secretary shall countersign all contract, sign d by the: Chairperson'' or Vice Chairperson on behalf of the Authority, unless •a resolution of the Board -shall provide otlirrwvise, perfona such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State of the State pursuant to the Act. The Executive I?irector, if appointed by the Directors, shall administer the day-to-day operations of the Authority. Section 3.2. Trcaraurl'T. Pursuant to section 6505.6 of the Act, a Fivanec Director is hereby desibmatcd as the'lramurpr of the Authnrity. The Finance Director for South Gate is appointed the initial Treasurer of the Authority until the hoard appoints a replacement by resolution. The Treasurer shall be the depositary, shall have custody of allof the accounts, fiends .and money of the Authority from whatever source, shall have the dirties and obligations set forth in sections 6505 and 6505.5 of the Act and shall assure that there shall be strict acmintability of all funds and roporting of all receipts and disbursements of the Authority. As provided in sections 6505 and 6505.6 of the Act, the Treasurer .shall make arrangements with a ccrtified puhlic accountant or firm of certified public accountants for the annual audit of accounts -and records of the Authority. Section 3.3, Officers in Charge. of Recoxds. Funds .and Accounts. Pursuant to section 6505.1 of the Act, the Treasurer shall have obarge of, handle and have access to all accounts, funds and money of. tb(; A4 diority and all records of the Authority Relating therctn; amid the Secretary shall have charge of, handle and have access to all other records of the A.uthurity. 10cos"Lh G1%\seh0*10SCSG)1A8•I.d0c 4 Southean Local Educ►donnl.Auihorhy 270-9182120061 [Joint Exer6ss of Yowsm ASrat awntl Section 24. Legal Advisor. The Board shall have the power to appoint the legal advisor of the Autlilority Who shah perform such duties as may be prescribed -by the Board. Section 3_5. Other Pin*xees. The Board shall have time power by resolution to appoint and employ such other employees, consultants .amd independent contractors as ,nay bC necessary for the purposes of this Agreement. All of the privileges and Imiu nitics from -liability, exemption from laws, ordinances and rules, all pension, relief, disability, wotkere compunsation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or omployccs under this Agreement. None of the officers, agents, or otapluyees directly employed by the Board .shall be deemed, by reason of thew employment by the Boai:d to be cinploycd by any Member or, by reason of their .employment by the .Board, to be subject to any of the regtiir=.ccnts of each Membez, Section ;l_ti. Assistant Officers. The Board may by resolution appoint such assistants to act in the -place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appiaintment of additional officers of the Authority who may or may not be directors, as the Board shall from time to time ;deem appropriate. ARTICLE IV POWERS Section •4.1. C'reneral Powers. Thu Authority shall exercise, in the manner herein, provided the powers which arc cututnteru to Cach of the Members, or as othcrwisu perxuhtcd .under the Act, and, pecessary to the accomplislimcnt (rf the pi rpc ses nf this Agi-temenL, subject U) tllc restrictions set forth in Section 4.3- As provided in the Act, the Authority shall be a public entity separate from the Members. ecti nAl.. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to further the Mission Stawnicut, (ir.►als and Objectives; (h) to make and enter into cnntractt;; (c) to Lobby and perform all acts incident to such activity; (d) to explore les%slative action to accomplish the Cioals and Objectives; (e) to explore whether the Authority may form a non-profit entity and pursue the actions desenbed under the Charter Schools Act; X:1CC1Scuth Cale& hcPIY\SCSCDPA8.1.dcc 270-9 t8l2120061 Southcart Local Educational Authority Jloml 11mmim or Powers Arm Animil 1 7.O a ARP-1 0L7oLMeICInC`T . n I .. in . . -T . 11 — .-._ (f) to form any entity permissible within the Act to carry out the acts decutt d necessary by the Board unilur the Charter Schools Act or advance the Mission, Goals or Objectivos; (g) to employ agents or employees; (h) to acquire, cousttvct, manage, maintain or operate any authorized public improvement permitted widor the Act, including, but not limited to section 085(g) of the Act, as well- as the common powers of the Members -to acquire any public capital improvement by the power of eminent domain; (i) to sue and be sited in its own name; 0) to issue bonds, notes, or other evidences of indebtedness, and otherwise to incur debts, liabilities or obligations; (lc) to apply fur, iaceLpt, receive and disburse grants, loans and other aids from any agency of the 1) nited :States (if America or of the State or from any other source; (1) to invest any money in the treasury punsumt to section 6505.5 .uf -•the Act wh'idh is not required for the immediate necessities of the Authority, as the Authority determines is udvisuble, in the same manner and upon the same conditions as local agencies, pursuant to section 53601 of the California Government Code; (tr) to apply for letters of credit or other form of financial guarantees in order to secure the repayment of :bonds, notes, or other evidences of indebtedness and euter .into agreements in connection therewith, (n) -to carry out and etti'Ctrce all the provisions of this Agreement; (n) to make and enter into bond purchase Agreements where the Authority would agree to purchase bonds, notes, or other evidences of indebtedness from the Members; (p) purchase obligations of any local agency; and (q) to -exercise any and all .other powers as may lac provided in the Act or hold by the Members. Section 4_3. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Act, except for those powers the Members de not have in common or those retained by the State. Section 444. Qbai ions of Auiliority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members. 1C:1C.rj%jIai CaUAROaL%11ARr.SCJPAA-1.dnt (� Soudicuttocel EdurAtioml Authority 270.9 t.NJ 0001 '()aim Exwolte or.POWe+t Agreeroem) ARTICLE V METHODS OF PROCEDURE CREDr r O MBMDERS Section S.1. Assumption of Rgypgnsibilities by the A.uthorily. As soon as practicable after :the datg of execution or this Agreement, the Directors shall hold the organizational inecting of the Board. At said meeting the Board shall elect u Chairperson and Vice -Chairperson, provide for its regular meetings as required by Section 2A and set the rotation appointments for the Swretary according to the locations of the regular weetinba. Section 5.2. Credit_ to h4ember:s. All accounts or funds created and established pursuant to any instrument or ugmerrieut to which the Authority is a party, and any interest carved or accrued thereon, shall inure to the benefit of the Members in the respective proportions for -which such funds or �accaunts were created. ARTICLE VI CONTRIBUTION: ACCOUNTS AND REPORTS; FUNDS Section 661.. Contnbutions. The Members may in the appropriate circumstance, when required hereunder: (ri) rnako contributions from their treasuries for the purposes set forth herein, (b) triake pnyumuts of public: funds to defray the cost of such purposes, (o) make adw,znces of public funds for such purposes, such advaancos to be repaid as provided hcrcin, or (d) usi: its personnel, equipment or property in lieu of other contribulaons ur.w.lvarlces. The provisions of section 6513 of -the Act are hereby incorporawd. into this Agreement by reference. Serti22 6.2. Accounts and Reportg. To the extemt.not covered by -the duties assigned to a 4rustae ivhosen by the Authority, the Treasurer shall establish and maintain such fiutds and accounts as may be - required by good accounting pr u;tice or by any provision of any trust indenture or trust agreement entered into with respect to the proceeds of any bonds', notes, or evidences of indebtedness issued by tho Authority. The bonk4 and records of the Authority in the huu&. of r trustee or the Treasurer shall be open to inspection at all reasonable times by represc ntatives of the Mennbcrs. The Treasurer, within 180 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Your to the Members to the extent such activities are not covered by -the report of such ttustee. The trustee appointed under any trust indenture or trust agreement shall establish suitable funds, furnish financial reports and prcwide suitable ,aepounting prneedures to carry out the provisions of said trust indenture -or trust agrcemc4l_ Said trusatet maybe given .such duties in said trust indenture or trust agreement as may he desirable to carry out this. Agreement. Section •6.3. Funs Subject to the applicable provisions of any instruments or agreement, which the Authority -may :enter into, which .may provide for a trustee to receive, have custody of and disburse Authority fiends, the Treasurer of the Authority shall re.cvivc, have: custody of and .disburse Authority ftunds as nearly as possible iu. aceordanet. with g4ncr-ally aceepted acconunting prxcliues,zeud shall makc the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreeement. K'K.G>South Ga14Schools%CSCJPA8-l.doc 7 Southeast Local Educational Authority 270-91srn00G1 item hmemim of Powers Aemcntentf 1 0 .O ..']F O J rlL1AL1'lP`f"1r' T. A I . 111n _l J I T-L-T Mr7r]-1. TT r' 1 Section 6_4. Annual Bridget and Administrative Lxpenges, The Board shall adopt a budget for adrrtiTdsL ativc expenses; which shall include all expenses not included in ,any financing issue of. the ,Authority, annually prior to July lat of each year. The estimated annual administrative .expenses of the Authority shall be alkwatud by the Authority to the Wmbers equally. ARTICLE VTT TERM Section IL J=. This Agreement -shall beemne effective, and the Authority shall come into existence, on the date the last Member signs this Agrcemc nC "Phis Agreement and the Authority shall thereafter Continue in full force and effect until terminated by a -majority vote of the enifi a Board. Secuan 7.2. Disposition of Assets. Upon termination of this Agreement; all property of the Authority, both real and personal, shall be divided alix►ng the Members :ip Such maoner as shall be agreed upon by the Members. ARTICT.KV111 MTSCM.L.ANEOUS PROVISIONS S.ectir,n S. No ' es. Notices hereunder shall be in writing and shall be sufficient if delivered to; (: TY OF $$LL Attention: City Manager 6330 Pine; Avtmue Bell, California 90201 CITY OF CUDAHY Attention: City Manager 5220 Santa Ana Street P.O. Box .1007 Cudahy, California 90201 01"Y (. F H.L)N"r1NG'r0.N PAID-C Attention: City Manager 6550 Miles Avenue Huntington Park, C.alifortaia 90255 ICtCGISuuth OrtvC3Wiu01ASCSt:A'A8-I Aue g Soalhewst Lucol Educational Authority 170.0 ttt M0061 [Joint Exorcise of Rowers A,1mcmentl CITY OF MAYWOOD Attention: City Manager 4319 E. Slauson Avenue Maywood,'California 90270 CITY OF SOUTH GATE Attention: City Manager 86,,50 Califurl►ia Avcntac South Gate, California 90280 CITY OF VERNON Attention: City Manager 4.305 Santa Fe Avenue Vernon, California 90058 Suction 8.2. .Sectia►3 Headinea. Al] 'section headings in this; Agreement are for u(mvtmicnue of rurerence only and "are not to be construed .as modifying or •governing the language in the section referr•.ed to or to define or •laniit tbo scope of any provision of this Agreement. 'Section 8_3. Consent Whenever in thin Abri=Tn►snt any wrisent or approval is required, the same shall not be unremsunrih'ly withheld. Section $.4. Law Governing. This Agreement is made in the State of California under the constitution and laws of the ;hate, and is to be so construed. Section 8.5: Amendments. This Age erncnt rosy be arr�unded at stay time, or from time to tune, by a vote of the majority of the entire Board. Sat:tiva 8.6. r:n forceinent by Ati6mty.. 'T?�c A•uthority is hereby authorized to take any or all legal of equitah•Ic -actions, inehi no, but not .limited to, iz►jwwtion and bpwilic performance, necessary or pemitted by law to enforce this Agreement. ti n t�7. Severability. Should airy part, term or provision of this Agreement be decided by any count of cornputunt jurisdiction to be illugid or iu cuunict with auy law of the State or atherwise he rendered unonforceahle or i-neffcetual, the validity of .the rcrnaining pottions or provi•nionv vhall nut he affected thereby. ecri 'Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of. the Members, respectively. Neither Member may assign any right or obligation lietrunder without the written consent of the other. KdCGlSoutlt.GelelSehooisW�SCJPAB Ldoe 9 StwPlhcest L a l h•.•dowdienat Authority 2711.91Nnreoorl (Joint Ellerei;e of Powers ARrtzmeml 17 .MY --1 R 10A T .A 1 .IIIn.] _l 1 T .LT MMM-1_. TT M] 1 Section 8.9. CounteMarts. This Al eement may be executed in any number of counterparts, each of wbieb shall be deemed an original, all of which, together, shall constitute one and the same instrument, IN WUNESIS WHEKEOF, tltc parties belt o have citu5cd this Agreement to be executed and attested by their proper officers therEiulto duly authorized and their official seals to be hereto affixed, on th.t;.day 410 year set apposite the. name of each of the parties. Dated: _, 2006 CITY OF HbLL ATTEST. Rebecca Valdez, City Clerk (SEAL) APPROVED AS TO FORM: Edward Lee, City Attorney Dated:. _ , 2006 AYI'PST: Larry Glavan, City'6e k (SEAT.) APPROVED AS TO FORM: David I Olives, City Attorney Gcorgc Mirabal, Mayor CITY OF CUDAHY David M. Silva, Mayor 1C:1CWouth GetclSahouMSCSCJPAB-l.doe 10 Southeast Local P,ducational Authority 270-9 180120061 ' [Joint L• xercire of Povim A{reamntj b Dated: , 2006 ATTEST: Rosanna Ramirez, City Clerk (SF. M ) Al'1'KOV1 U AS TO FORM: CITY OF IIUN'T(NUMN PARK Juan R. Nogue'z, Mayor Francisco Leal, City Attorney Dated: : 2006 Crry OF MAYWOOD ATTEST: Erika Navarro, City Clerk (SEAL) APPROVED AS TO FORM. Cary Reisman, City Attorney Dated: , 2006 Samuel Pena, Mayor. .C7wnail Tl i QA'1'E �' ,Mayor Carmen v , cr (SEAL) APPROVED AS TO FORM: KANI;, DALLMRR & BERKMAN Special Cowisel June Ailin KAM%Snuth Gate\SehooIt%CSCJPAH-t .doe 270-91Mou61 Sowhent t.ocW E-ducuional Authority (Joint EY reise-ofrowen Agreemenll 1;:).;3Ta gPJ 0"MML-0!•r'7r'T.ni Dated: . 2006 ATTEST: Brut:.t; V. Malkonhorst, City Clerk (SRAL) APPROVED AS TO FORM: Tiric'r. Fresdi, City Attorftey K.: MSouth Gatc\,SchnnIASC,%rJPA9-I.dtw 270-91bWZ0061 MY nF VERNON Lconis C. Malburg, Mayor 12 SMAkmIt Low.?{ EducoKorol AuthUny 11pint EXXtiSe of Powei 6 Agiemuentl k:XH1B1T "1" Mimion Statement: The Mayors and City Council Members of die Southeast Argo are not only relerled representatives, but rwfdents of our corn►nunidiets w.ilh firmt-hand knowledge u f the needs of the students.and parants in our local schools.. We are cnmmitted lei onsuring Me availability; accessibility and hil;h quality of educational opportunities that enrich our citizens' lilies economically, culturally and socially. Goals and Objectives: (coal #1: Make LAUSD acenuntahle to the loccal communities itserves. Objectives: ■ Inform and address parents' concerns about educational opportunities and underperforming schools. ■ Improve the integration of Schools into the organizations, institutions and infrastructure of lac:al communities, ■ Coort inale witJi local licw enforcement to improve student safety on school campuses and in surrounding areas. Goal #2: Dvl'aximizc availability of funds For .mhoola in the Soutlll east.cities. Objectives: ■ Jnstu-e that Southeast city schools receive their fair share of formula and discretionary funds, based on the number,.concentration-and pertonnance of students in this region. ■ Invest more funding into programs that enhance academic performance. ■ Increase proportion of fiinding alloc:atod directly to the local district. Goal 0.: Participate in decisions pertaining to local district administration and programs. Objectives: ■ Participate in selection of local idii;Wct Superintcndent. ■ Empower local district Superintendent to select adrninistrative personnel. x.cc:ti►.SOmh t7QWOQhoolslSC8CJ1'Ad-l.duc Exhibit "1" SoutimastLocal Educational Authority 210.9 (W/20061 (J.oina Exercise of Powgts Agmenentj 1 71 ,LT -MAID J - - - ----r--I . n . ..un . . . t .. r r.rar» ­ r._ . 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 02/22 JOINT EXERCI-St OF POWERS AGREEMENT SOUT14BAST LOCAL EDUCATIONAL AUTHORITY THIS AGREEMENT (the "Joint Exercise of Powers Agreement" or "Agreement") is dated A u a u s t 2 2 , 2006, by .and .between :the City of Bell ("Bell"), the City of Cudahy ("Cudahy"), the City of Huntington Park ("Huntington Parle), the City of Maywood ("Maywood"), .the City of South Gate ("South Gate"), and .the City of Vernon ("Vernon ), each duly organized and existing under the laws .of the State of California; the cities, .shall collectively be referred to as the "Members." WITNESS. TH WHEREAS, the Members are located within the .southeast ,area, of Loa Angeles .Courlly and their local schools are operated by the Los Angeles Unified School District ("LAUSD"); WHEREAS, the Members have joined forces .to,address educational opportunities at their local schools and set forth a common mission statement with -goals and objectives. A copy of -the mission statement with those goals and objectives is set forth in Exhibit "I ." WHEREAS, the Members wish to form a joint powers authoritty'under. the Joint Exercise of Powers Law of the State .of California (constituting Chapter 5of Division 7 of Title l of the California Government Code) to advance their common missiom:statement, goals .and objectives; and WHEREAS, the proposed joint powers authority is to exercise the powers the Members have in common to act, advocate, appear, -explore, and lobby for the appropriate legislative action, including :legislation under the Charter Schools Law :of the State of California (constituting Part 26.8 of Division 4 of Title 2 of the California Education Code) as well as such other action deemed necessary by the Members to further .the accomplishment of their mission statement, goals and, objectives identified on'Exhibit NOW, THEREF'ORB, in consideration of the above premises and of the mutual prot-nises herein contained, the Members do hereby agree as follows: ARTICLE I DEFINITIONS Section 1TI.. Definitions. Unless -the context otherwise requires, the words -and terns defined in this Artiele I shall, for the purpose hereof, have the meanings herein specified. "Act!' means Articles 1 through 4 (commencing with section 6500) of Chapter 5, Division 7, Title 1 of -the California Government Code: the Joint Exercise of Powers Law of the .State of California. "Agreement" means this Joint Exercise of Powers Agreement, KAMSbutli Gete\9eh**1ASCSCJPA8-t.doc Southeast Local Educational Authority270.9 [8/2/.1A06� [joint-Eacretse of l'umn Agreement] 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 03/22 "Alt=. ate" means the individual appointed by. a Member who may -act as a Director when the Director appointed by the Member is unavai ile. `1Authority' -means the Southeast.Local this Agreement. "Board" means the Board of Directors .of the .shall be the governing body of the Authority. "Charter Schools Act" means ,Chapters d thrc Part 26.8, Division 4, of Title,2 -of the :Califomia Edu State of California. "Clerk" means the city clerk of any of the Met °Congress" Means either or'both the Housc of States of ,America, "Director" means the Member pursuant to Section 2.3. "Finance Director" means a fmance.director of ' Fiscal Year" means the period froze July 1 st :to Authority, the authority created by referred to in Section 2.3, whieh 6 (eommenping with section 47600) of n Code: the Charter Schools Act of the or the Senate of the .Ugited or Altemaw appointed to. the Board ;of the Members. including the following June 30th. "Goals" mean those goals ikatifled on:l xhibit 141." "Legislature" means either or both the Assembl or the Senate of the State of California. "Lobby" means that activity authorized'under sictions 50023 and 50024 of the California Government Code. "Mayor" means the mayor of each of the "Member" means 13e11,•Cudaby, Han,tin,gtonP "Mission Statement" means that mission -state! "Objectives" mesh those objectives identified "Secretary" means the Secretary of the Author "State" means the State -of California. "Treasurers" means the Treasurer of the Audtc K.\CO\South Cate\5ehoois\SCS0JAA9-1.doc 2 290.9'[MIZoo6] , Maywood, South Gate or Vernon. it identified on Exhibit "l : ' Exhibit "1." appointed pursuant to Section 3.:1. appointed pursuant to Section 3.2. southeasOLacgi Educations! Authority [joint Exereiae of Pawns ARraernent 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 04/22 ARTICLE 11 .GENERALTROVISTONS S.ectiOA 2�1� P-1nose. This Agreement is made pursuant to the Act piroviftg for -the joint exerciise of powers common to the Members and for other purposes as permitted under the Act and as agreed by one or more Of the parties hereto. The purpose .of this Agreement is to form the Authority to advance the Mission Statement, Goals and Objectives in the .manner the Members deem necessary and appropriate and equally share the cost and expense inc'ident -to such activities. Section 2.2. Creation of Authority. pursuant to the Act, there is hereby created a -public entity to be -known as the "Southeast Local Educational. Authority.', The Authority.shall 'be a public entityseparate anal apart from the Members, and shall administer this Agreement. 3.ectipn 2_3. Apard o , i rectors. The Authority .shall be administered by a Board of Directors consisting of.six (6) Directors,'unless and until s&ucb number is ,changed.by amendment of this Agreement, The City Council of each Member shall have -the -authority to appoint, designate, and replace their respective Director -for ;the Authority. Itt addition .to selecting a .Director, the City Council of each Member shall .also have the authority to .appoint, designate, .and replace their respective Alteimate, who will .act as -an alternate representative for .the Authority in the absence of their respective Director. 'The Board shall be .called the "Board of Directors of the Southeast Local Educational Authority." All voting power of the Authority.9hall reside in the Board. Section 2.4. Meetim s of a Board. (8) Regular Meetings. The Board shall meet once a 1trloAth and provide for at •Least twelve regular meetings each year unless otherwise waived by a resolution of the Authority. The date, hour and place of the holding of regular meetings .shall be fixed .by resolution of the Board and a copy of such resolution shall be filed with each of the Members` Cleric (b) Special_ Meetiltm. Special meetings of tIhe Board may -be called in accordance with the provisions of section $4956 of the California Government Code. (c) Place of Kqetin . All meetings of the Board shall be held at such location as set by the Board and rotated as and when the Board deems -appropriate. The initial location set by the Board is South. ,Gate City Hall, 8650 California Avenue, South Gate, California 9028Q. (d) Call. Notice and Conduct of Meeting. All meetings of the Board, including -without 1-im. itation, regular, .adjourned regular and special meetings, -shall .be .called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (section 54950 et seq. of the California Government Gode). !9QW0A 2_5. Uftutes. The Secretarj shall cause to be Inept minutes of the meetings of the Board and shall, as soon .as passible after each meeting, cause a copy of the minutes to be forwarded to each Director with copies to the Clerk of each Member. KAC(ASouth .GatelSA001 \SCSWA6.1.itoe Southeast I oaat'Edvenvonal Authprity 270.9 (8/2/20p6] [loint $xortise of Powers Agreement) 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 05/22 ection 2-6. •Voting. Each Member shall have one vote which shall be exercised by a Director. Section 2.7. Quorum and Required Votes for Any Action,. Directors holding a majority of the -votes shall constitute a .quorum for the transaction of business, except that less than a quorum may adjourn from -time to time.. The affirmAtive votes of at least four Directors present at amy meeting at which a quorum is present shall be required to take any action by the •Board, Section 2_8. Bylaws. The Btt�rd may adopt, irom time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof. ARTICLE :.M OFFICERS AND EMPLOYEES .S.e- ction,3L Chairoerson. Vice -Chairperson Secretary and Executive Director. TYte Dim. ctors shall appoint one of the Directors .to be Chairperson of the hoard. The Directors shall appoint another Director to be Vice Chairperson of the Board. The Directors Shall appoint, according to the rotation of its meetings, a Clerk to be Secretary of the Board. At the discretion of the Board, the Directors may appoint an Executive ':Director -of the Authority. The officers shall ;perform the duties !normal to said offices. The Chairperson shall sign all contracts on behalf of the .Authority, unless a resolution of the Board shall provide otherwise, and shall perform such other duties as may be imposed by the Board. The Vice -Chairperson shall sign -contracts and perform all of the Chairperson's duties in tho absence of the .Chairperson. The Secretary shall countersign aE contracts signed by the Chairperson -or Vice Chairperson on behalf of the Authority,, unless a resolution .of the Board shall provide otherwise, perfbim such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the 'Secretary of State of the State pursuant to the Act. The Executive.Director, if appointed by the Directors, shall administer the day-to-day operations of -the Awhority, Section 3.2. Treaa . Purssuant to section 6505.6 of -the Act, a Finance Director is -hereby designated as the Treasurer of the Authority. The Finance Director for South Gate is appointed the initial Treasurer of the Authority until the Board appoints a ,replacement by resolution. The Treasurer •shall be the depositary, .shall have custody of all of the accounts, AM& and money of the Authority from whatever source, shalt have .the duties and obligations 'set forth in sectionis 6505 and 6505.5 of the Act and -shall assure that there shall he strict accountability of all funds and reporting of all .receipts and disbursements of the Authority. As provided in sections 6505 and 6505.6 of the Act, the Treasurer shall make arrangements with a certified Public accountant or firm of certified public accountants for the annual audit of accounts anal records of the Authority., Section 331 Officers in Charge, of Records Funds and Accounts. Pursuant to section 6505.1 of the Act, the Treasurer shall have •charge o& handle and have access to all Accounts, funds and money of the.A,uthority and all records of the Authority relating theme o, and the Secretary shall have charge of, handle and have access to all other records of the Authority, 2 70-9[South.Gat*\$ohoola\SCSCJPAB 270-9 =4 l,dm SOathEldt-Local Sduaationel Authority snJzbp6t [Joint 9X0(d3c af•powaa Agreordetn7 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 06/22 Sectiola 3_4. Ley -al Advisor. 'The 'Board shaU have the power to appoint the legal advisor of the Authority who shall perform such duties as may be prescribed by the Board. Section 5 Other E1oa oyees. Tb> Board -shall have the power by resolution to appoint and employ such -other employees, consultants and 'independent contractors .as may be necessary for the purposes of this.A,greement. All of the .ptivlleges and immunities from liability, exemption from laws, ordinances ;and rules, all pension, relief, disability, workers' compensation and other benefits which .apply :to the activities of officers, agents, or employees of.a:publ c agency when performing their respective functions shall. apply to .the -officers, agents or employees of the Authority to the same degree and extent while elagaged in the performance of any of the -fulactions.and other duties of such officers, agents or employees under this .A.greemelnt. None of the officers, agents, or employees directly employed by the Board sha11 be deemed, by reason of their Employment by the Board to be employed by' any Member or, by reason of their employment by the hoard, to be subject to =y of the requirements of Each Me>7ober. Section lk Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority :who mayor may not be directors, as the Board shall from time to tithe deem appropriate. ARTICLE IV POWMS Section 4_1. General Powers. 'The Authority shall exercise, in the manner herein, provided the powers which are eommou to each of the Members, .or as otherwise permitted.uoder the Act, and, necessary to the accomplishment of thb purposes of this Agreement, subject to the restrictions set forth in Section 41. As provided in the Act, the Authorityshall bee -a public entity separate from the Members. Seetio>a 4_2. Spedfiic powers. The Authority is hereby authorized, in its own naruc, to do all.acts necessary for the exercise -of the:foregoing powers, including but not limited to, any or all -of the following: (a) to further the Mission Statement, Goals and Objectives; (h) to make and enter into contracta; (c) to Lobby and perform -all acts incident to such activity; (d) to explore lEg;slative action to accomplish the Goals and Objectives; (e) to explore whether the Authority may form a non-profit entity and pursue the actions described under the Charter Schools Act; KAMSouth Gete\Sch0*1S\,SCSC1PA8-1.d*c 5 Southcmt [opal F.dacatior�el Auehority. 27U-4 [8/2/2006] [loirt Exemise of Powers Agmemettt] 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 07/22 (fl to form any entity petmissible within the Act to carry out the acts deemed -necessary by the Board under the Charter ,Schools Act or advance the Mission, Goals or Objectives; (g) to employ agents or employees; (h) to acquire, construct, manage, ,maintain or operate any authorized public improvement permitted under the Act, including, but not limited to section 6585(g) of the Act, .as well•.as the common powers of the Members to acgaire any public capital improvement by the power of eminent.dom in; (i) to sue ,and be sued in its own. name; 03 to issue bonds, notes, or other evidences of indebtedness, -and otherwise to incur debts, liabilities or -obligations; (k) to apply for, :accept, receive and disburse grants, loans and other aids -from My agency of the United States of America or of the State or from any other -source; 0) to invest any money in the treasury pursuant to section 6505.5 Of .tbe Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to section 5.3601 of the California .Government Code; (m) to apply for letters of credit or other form of frnancia:l guarantees in order to secure the repayment of :bonds, -notes, or other evidences of indebtedness and enter into agreements in connection .therewith; 0) -to carry out and enforce all the provisions of this Agreement, (0) to make and enter into bond purchase .agreements where the Authority would agree to purchase bonds, notes, or otherevidences of indebtedness from the Mem. hers; (p) .purchase .obligations of any local agency; and (q) to exercise airy and all -other powers as Stray be provided in the Act or held by the Members. Section 4�3. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the mat mer provided in -the Act, except for those -powers the Members do -not have ;in common Or those retained by the State. ecfi 444. Obbgations_of Authority. The debts, liabilities and obligations of tht Authority shall not be the debts, liabilities and obligations of the Members. K;1CMSouth-Cfm\sehoolMCSCJPA&•I .doc ' 6 5nrH►caet LOeal $ducst{onal Aulltari(y a70.9 [8/2l200fi� [Joint ERerci.-te of -Powers Agreaneatj 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 08/22 ARTICLE V METHODS OF PROCEDURE; CREDIT To MEMBERS Section 5�, Assulmption of li~esnonsibU ies by the Authority. As soon as practicable after the date of execution of this Agmxment, the Directors ball hold the .organizational meeting of the Board. At said meeting the Board shall elect -a Chairperson and Vice -Chairperson, provide for .its regular meetings as required by Section 2.4 .and set the rotation 'appointments for .the ,Secretary according to the :locations of the regular meetings. Section 5_2. Credit to Members. All accounts or fimds created and established pursuant to any instrument or agreement to which the .Authorrity ;iis a party., and .any 'interest' earned or accrued ther>rom, shall 'inure to the benefit of the Members in the respective proportions for which such funds or accounts were -created. ARTICLEVI CONTRIBUTION: ACCOUNTS AND REPORTS; FcWDS Section L I. Qmtributioas. The Members may in the appropriate circumstanec, when required hereunder:.(a) make contribution's from their treasuries for the purposes set fotth .ktercin, (b) make payments of public funds to defray the cost of such purposes, (c)make -advauces of public finds for .such -purposes, such 'advances to be --repaid as provided herein, or (d) use :its personnel, equipment or property in lieu of other -con-t ributions or advances, The provisions of section 6513 of the Act are hereby incorporated into this Agreement by reference. Sectio..n 6.2. ,Accouults and Regorts. To :the extent not covered by the .duties assigned to a trustee chosen by the .Authority, the Treasurer shall establish and maintain such funds au accounts as may. be • required :by good accounting practice or by any provision of any trust indenture or trust -agreement .entered ,into with respect to the -Proceeds :of ,any bonds, notes, .or evidences of indebtedness issued by the Authority. The books and records of the Authority in the hands of a trustee or -the Treasurer shall be open to inspection at all reasonable times by representatives of the Members. The Treasurer, within l SO days ;airier the close of each Fiscal Year, shall give .a complete written report of all financial activities .for such :Fiscal Year to the Members to the extent such activities are not covered by -the report of 'such trustee The trustee appointed under arty trust indenture or trust agreement .shall establish ;suitable fiords, furnish financial reports and provide suitable accounting procedures to carry out the provisions of -said tryst indenture or trust agreement. Said trustee may :be given such duties in said trust indenture Or trust agreement as may be desirable to. carry out this Agreement. Section�3. Funds.. Subject to the applicable provisions of, any instruments or agreement which the Authority may :enter into, which may provide for a trustee to receive, have custody of and disburse ,Authority finds., the Treasurer of the Authority shall :receive, have custody of and .disburse Authority.funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements tequired by this Agreement .or to carry out any of the: provisions or.purposes of this Agreement. KAC01South GatetSehoo1alscSCJPAB-1.d9e 270.9 [8/2/20 5) r Sodtheept Local UuMdOnal Autdoeity Point $Rereise trC Pew= Agreement] 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 09/22 Section 6,4. Annual Budget and Adm=strative Ex� ses 'The 13oard shall, adopt a budget for administrative expenses, which shall include all w eases not included in any financing issue of the Authority, annually prior to July 1st of •each year... The estimated annual administrative expenses of the Authority shall be allocated by the Authority to the Members equally. A ncLE vri TERM Section 7.1 • T_er� This Agreement shall become effectaive, and the Authority shall come into existence, on the date the last Member signs this RA,greement. ' This Agreement and .the Authority shall thereafter caiutinue in full force and effect until terminated by a majority vote of the .entire Board. S_ action 7.2. Dispositi-OR of Assets. Upon termination of thisAgreement all property of the Authority, both real and personal, -shall be divided among the Members in such manner as shall be agreed upon by the Members. ARII-CLE 'VM MISCELLANEOUS PROVISIONS Section 8.1. Notices. Noeices hereunder shall be in writiaoi delivered to: g and shall be sufficient if CITY OF BELL Attention: City'Manager 6330 Pine Avenue Bell, California:9020I C= OF CUDAHY Attention: City Manager 5220 Santa Ana Street P.O. Box 1007 Cudahy, California 90201 CITY OF HUNTINGTQNPARK Attention: City.Manager 6550 Miles Avenue Huntington .Park, California .90255 Kt1CG%South Qa"%choo1415aCJ•PA6-1,doe 8 Southenat Local Sducaeieanj Authority 270-9 [8/?J2006j [Joint Exercisc of Powers ARteemenEj 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 10/22 CITY OF. MAYVVOOD Attention: City Manager 4319 B. Slauson Avenue Maywood, -California 90270 CITY OF SOUTH GATE Attention: City Manager 8650 California Avenue 'South Gate, California 90280 CM- OF VERNON Attention: City Manager 4305 Santa Fe Avenue Vernon, California 90058 Section 12. Section Headings. All section ;headings in this Agreement are for convenience .of reference only and are not to be construed as modifying. or govem.ing the language in the -section referred to or to dertne or -limit the scope of any provision of .this Agreement &ALo 8.�3. o>awnt. Whenever in this Agreement sny �conseut or approval is required, the sarne shall not be unreasonably withheld. Section 8.4. Law C.overninn, This Agreement is made in the State of California under the constitution and laws of the State, .and is to be so construed. Section 8.,.. 5. Amendments. This Agrftimcn't may be amended at any time, or from time :to time, by a vote of -the majority of the entire Board. Section $.6. Enforcement by_Authorftv, The Authority is hereby authorized to take any or all legal or equitable actions, including, but not limited to,. injunction and specific performance, necessary or permitted by law to enforce this Agreement. -Section 8,7. Se 2MILty. Should any part, term or provision of this Agreement be .decided by any court of competent jurisdiction to be illegal or in conflict with any law of .the State or otherwise be rendered unenforceable or ineffectual, -tbe validity .of -the remaining Portions or provisions shall Aot.be affected thereby. Section 8.8. Successors. This Agnee3anent shall be bindi�ug upon, and shall inure to the benefit of the successors of the.Members, respectively. Neither Member may assign any right or obligation hereunder without the written consent of.the other. K:\CG)South Gnue\Seh0o1s1SC3GPA8-t.doc 27a9 (BIV200e1 W 9 Savtheaat Loeil Educational Authority [Ioint Exerciaa of Powma Agteementj 04/08/200B 14:48 3237732806 CITY OF MAYWOOD PAGE 11/22 Section 89. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall .be deemed an original, all of which, together, shall constitute one and the same instrument. IN WM4ESS-WHEREOF, the -parties Hereto have caused this Agreement to be =cuted and attested by th* propel officers thwounto duty authorized and their official seals to be hereto afted, on the day and year set apposite the name of ,each of the parties. Dated; 2006 CITY OYBELL .ATTEST: George Mirabal, Mayor -� Rebecca Valdez, City Clerk (SEAL) APPROVE- D AS TO FORM: Edward Lee, City Attorney 'Dated: _ - , 2006 ATTEST: Larry Glavan, City Clerk (SEAT.) APPROVED AS TO FORM: David J. Olivas, City Attorney CITY OF CUDAHY. David M. Silva, Mayor K:1CG\South Gate\Schoo1a\3CSCJPA8-1.doe 10 Southeast Loeat Edacationat Authority. 270-9 [8212006] (joint Exercise of Powers Agreement] 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 12/22 Dated: , .2006 ATTEST, Rosanna Ramirez, City Clerk (.SEAL) APPROVED AS TO FORM; Francisco Leal, City Attorney Dated: , 2006 CITY OF MAYWOOID MENNOWMayor S. CITY OF HUNTINGTON PARR. Juan. R. Nogue2, Mayor (SEAL) rXI Cary RexgnW'.Uity Attorney Dated:kxS - '1 Z .2006 ATTEST: Carmen Avalos, City Cleric (SEAL) APPROVED AS TO FORM: KANE, BALLMER & BERKMAN Special Counsel June Ailin KXG�,South 0etelSchoo1 SCSCJPA8-l.doc 21074 j8/22006] CITY OF SOUTH GATE Maria Davila, Mayor .Southeast Local Educational Authority [Joint Eurcise of Pom s Agreement] 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 13/22 Dated: , 2006 .ATTEST. Bruce V. Malkenhorsi, City Clerk (SEAL) APPROVED AS TO FORM: Brio T. F'resch, City Attomey CITY OF VERNON Lebnis C.'Malburg, Mayor r-1CG\South-Gsbt%choo)RISCSCJPA8-Lduc 12 Southeast Local Frlutallonal Autheriry 170.9 �S/Z/1006) [Joint Exercise of Powers Agreement) 04/08/2008 14:48 3237732806 CITY OF MAYWOOD PAGE 14/22 E�IiI�T "1" Mission Statement! The Ugyors and .City Council Members of the Southeast Area are not only elected representatives, but residents of our communities with first-hand kno►vledge of the needs of the students un. d parents in our local schools. Re.are committed to .ens .wring the availability, accessibility and high quality of educational opportunities that enrich our citizens' lives economically, culturally and socially Goals and Objectives: Goal #1: Make LAUSD accountable to the local communities 'it serves, Objectives: • 'Inforrn and ,address parents' concet;ns about educational opportunities and -underperforming schools.. Improve the integration of schools into the orgagizatiMs, institutions and infrastructure of local comnxumities. ■ Coordinate with local law enforcement to improve -student safety on -school caitpuses and in surrounding areas. Goal #Z: Maximize availability of funds for.schools in the:Southeast cities. Objectives: ■ 'Ensure that Southeast .city schools receive their fair share of formula and diecretionary fi mds, .based -on -the number., concentration -and performance of students in this region. ■ Invest more funding into programs that enhance academic performance. ■ - Increase proportion of funding allocated directly to the logwl district. Goal #3.: Par.Cicipate in decisions pertaining to local district administration .and programs. Objectives. ■ Participate in:selection of local district Superintendent. Empower local district Superintendent to select administrative personnel. 270-9,cmrI Gate\3ehoolalSCSCJPAB-1,dac Exhibit "1" southeast•Locsl.Bducationsl Authority x78-9 (8lZ/ZOlt6] (Joint. L•xereise or,Powats AgreaMentl M CITY COUNCIL ~- LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman September 26, 2006 Ar " e . 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 City of South Gate Attn: Veronica Galvez 8650 California Avenue South Gate, CA 90280 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer Re: Southeast Local Educational Authority Joint Exercise of Powers Agreement Dear Ms. Galvez: Transmitted herewith are six executed copies of the above -referenced agreement, approved by City Council on September 5, 2006, through Resolution No. 9115. If you have any questions regarding this matter, please call Mr. Bruce Malkenhorst, Jr., at (323) 583-8811 ext. 225. Very truly yours, 4y o ` Deputy City Clerk NG:dr C: Resolution No. 9115 Agreement No. 06-098 TXCIUAW19 withAtrial Giron, Nell I y (e From: Lehr, Judy k' J Sent. Tuesday, November 20, 2007 11:21 AM To: Giron, Nelly Subject: RE: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities Resolution 9115 adopted on 9/5/06 approved the JPA in concept. Laserfiche doesn't have the signed one. ----Original Message----- From: Giron, Nelly Sent: Tuesday, November 20, 2007 11:03 AM To: Lehr, Judy Subject: FW: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities Judy, did the city approve the following? Nelly -----Original Message ----- From: Francisco Leal [mailto:hfl@leal-law.com] Sent: Tuesday, November 20, 2007 9:51 AM To: Giron, Nelly Subject: FW: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities Ms. Giron, this is a copy of an e mail from your counterpart in South Gate that includes a copy of the JPA agreement that may have been approved by your Council sometime in August - November 2006. If you can locate it, please provide me with a copy, and a verification that it is a copy of an original, so that I may file it with the Secy of State. Thx. -----Original Message ----- From: Esmeralda Carrillo Sent: Wednesday, October 10, 2007 4:10 PM To: Francisco Leal Subject: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities -----Original Message----- From: SBSFaxService@ZEAL-LAW.COM [mailto:SBSFaxService@LEAL-LAW.COM] Sent: Wednesday, October 10, 2007 4:06 PM To: Esmeralda Carrillo Subject: Fax server THEJUDGE received a new fax from unknown sender. Sender: unknown sender Caller ID: Recipient name: Leal & Trejo LLF Pages• 16 Transmission start time: 3:59:19 PM Transmission duration: 0:06:39 Device name: U.S. Robotics 56K FAX EXT Romero, Debbie From: Giron, Nelly Sent: Thursday, January 10, 2008 5:27 PM To: Romero, Debbie Subject: RE: Southeast Cities Schools Coalition thanks -----Original Message ----- From: Romero, Debbie Sent: Thursday, January 10, 2008 5:27 PM To: Giron, Nelly Cc: Lehr, Judy Subject: RE: Southeast Cities Schools Coalition The only things that we have on file are the memos transmitting 9287 on 4/30/07, and FI-286 06/27/07, to Sharon. Sharon would have to check her payment records. From: Giron, Nelly Sent: Thursday, January 10, 2008 5:23 PM To: Romero, Debbie Cc: Lehr, Judy Subject: FW: Southeast Cities Schools Coalition Debbie, if anything was paid, we should have the memo requesting the payment in the file. Monday is fine. Nelly -----Original Message ----- From: Lehr, Judy Sent: Thursday, January 10, 2008 5:19 PM To: Giron, Nelly Cc: Romero, Debbie Subject: Southeast Cities Schools Coalition Nelly, can you tell me if anything has been paid to the Coalition? Resolution 9287 authorized payment of $26,125, subject to JPA being signed. Resolution FI-286 authorized payment of an additional $40,000, subject to JPA being signed. Judy Lehr Legal Dept., City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Work: (323) 583-8811 x 368 Fax: (323) 826-1438 Giron, Nelly From: Romero, Debbie Sent: Tuesday, November 20, 2007 11:33 AM To: Giron, Nelly Subject: RE: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities No. just the transmittal letter transmitting six executed copies to Veronica Galvez at the City of South Gate on September 26, 2006. -----Original Message ----- From: Giron, Nelly Sent: Tuesday, November 20, 2007 11:32 AM To: Romero, Debbie Subject: RE: Francisco (FAX) Carmen Avalos, re: JPA forming,the Southeast cities are there any notes in the resolution folder? ---Original Message ----- From: Romero, Debbie Sent: Tuesday, November 20, 2007 11:29 AM To: Giron, Nelly Subject: RE: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities no -----Original Message ----- From: Giron, Nelly Sent: Tuesday, November 20, 2007 11:25 AM To: Romero, Debbie Subject: FW: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities Debbie, did we ever get the JPA? Nelly -----Original Message ----- From: Lehr, Judy Sent: Tuesday, November 20, 2007 11:21 AM To: Giron, Nelly Subject: RE: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities Resolution 9115 adopted on 9/5/06 approved the JPA in concept. Laserfiche doesn't have the signed one. -----Original Message ----- From: Giron, Nelly Sent: Tuesday, November 20, To: Lehr, Judy Subject: FW: Francisco (FAX) Southeast cities Judy, 2007 '11:03 AM Carmen Avalos, re: JPA forming the did the city approve the following? Nelly -----Original Message ----- From: Francisco Leal [mailto:hfl@leal-law.com) Sent: Tuesday, November 20, 2007 9:51 AM To: Giron, Nelly Subject: FW: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities To: Fsmej-�&lda Carrillo Subjects Fax server THEJUDGE received a new fax from unknown sender. Sender: unknown sender Caller ID: Recipient name: Leal & Trejo LLP Pages: 16 Transmission start time: 3:59:19 PM Transmission duration: 0:06:39 Device name: U.S. Robotics 56K FAX EXT Romero, Debbie From: Giron, Nelly Sent: Thursday, February 14, 2008 5:44 PM To: Romero, Debbie Subject: FW: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities Attachments: FAX.TI F im FAX.TIF (325 KB) Debbie, check in our file to see if we have a copy signed by the city and/or any other info. we may have in the folder i.e., transmittal letters. Also, get the date the agreement was approved and the resolution approving it - I don't know yet how we are going to handle this one yet. Nelly -----Original Message ----- From: Francisco Leal [mailto:hfl@leal-law.com] Sent: Thursday, February 14 2008 4:41 PM To: Giron, Nelly Subject: FW: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities Nellie, attached is a copy of an executed Joint Powers Agreement for the Southeast Local Educational Authority also known as the Southeast Cities Schools Coalition. I am attempting to compile a complete file containing copies of all six executed agreements. Sometime last year, the City of Vernon approved joining this Coalition and the attached Agreement was executed by your Mayor. Unfortunately, we cannot locate the Agreement, and the prior law firm handling the Coalition's legal affairs does not have a copy. My understanding is that you also do not have a copy or the original. That being the case, please print the attached PDF file and have the Mayor sign the Agreement. Review your records for the appropriate date when the Council voted to join the Coalition and place that date on the Agreement. Then, mail, fax or pdf the executed agreement to me. Fax is 213.628.0818 Thank you for your assistance, and if you have any questions, please contact me at 213.910.0552. -----Original Message ----- From: Esmeralda Carrillo Sent: Wednesday, October 10, 2007 4:10 PM To: Francisco Leal Subject: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities -----Original Message ----- From: Esmeralda Carrillo Sent: Wednesday, October 10, 2007 4:10 PM To: Francisco Leal Subject: Francisco (FAX) Carmen Avalos, re: JPA forming the Southeast cities -----Original Message----- From: SBSFaxService@LEAL-LAW.COM [mailto:SBSFaxService@ZEAL-LAW.COM] 1 Sent: Wednesday, October 10, 2007 4:06 PM To: Esmeralda Carrillo Subject: Fax server THEJUDGE received a new fax from unknown sender. Sender: unknown sender Caller ID: Recipient name: Leal & Trejo LLP Pages: 16 Transmission start time: 3:59:19 PM Transmission duration: 0:06:39 Device name: U.S. Robotics 56K FAX EXT 2 Romero, Debbie From: Giron, Nelly Sent: Monday, February 25, 2008 4:33 PM To: 'tsullivan @ leal-law.com' Cc: Romero, Debbie Subject: FW: Emailing: SOUTHEAST LOCAL EDUCATIONAL AUTHORITY JPA APPROVED BY RES. NO. 9115 Attachments: SOUTHEAST LOCAL EDUCATIONAL AUTHORITY JPA APPROVED BY RES. NO. 9115.PDF El SOUTHEAST LOCAL EDUCATIONAL AU... i Tina, here is the requested dated and signed copy of the agreement. It is my understanding that the City of Vernon will be get an original agreement or at least a set of the original signatures for our file. Please advise. Thanks. Nelly 1 COPY OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 May 21, 2008 Jimmy L. Gutierrez, Esq. Gutierrez & Vera, LLP 12616 Central Avenue Chino, CA 91710 Re: Southeast Cities School Coalition Dear Jimmy: I am in receipt of the letter dated May 9, 2008, to Eric Fresch, the City Administrator of the City of Vernon. Mr. Fresch has requested that I advise you that I will be your primary contact at the City, and the following is the contact information: Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Fax (323) 826-1438 jharrison@ci.vernon.ca.us Manuela (Nelly) Giron, 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Fax (323) 826-1438 ngiron@ci.vernon.ca.us City Clerk Enclosed please find a copy of Resolution No. 9115 which approved the Joint Exercise of Powers Agreement of the Southeast Local Educational Authority and appointed W. Michael McCormick and William Davis as its representatives on the Board. If you have any questions, please contact me. Very t ly yours, f If A. Harrison A torney JH:jl Enclosure cc: Manuela Giron, City Clerk (w/o Encl.) - Resolution No. 9115 ExcCusivefy Industriaf Giron, Nelly From: Marisela Cervantes [marisela.cervantes@mail.com] Sent: Tuesday, May 27, 2008 5:36 PM To: Giron, Nelly Subject: RE: Southeast Cities Schools Coalition I was very concerned about this too, when I discovered it. We have new legal counsel, Gutierrez & Vera LLP, who are working with us to resolve this matter along with several necessary modifications to our original agreement. We just presented those recommendations to the Coalition Board of Directors at last Thursday's meeting. Mr. McCormick suggested he would bring those back to the City for consideration, so I'll follow his lead on that. I am hopeful the Coalition will adopt the changes in the next month or so. Expect more regular correspondence from us as we go through these changes and introduce some ordinances to help us deal with organizational matters. Originally, the Coalition was operating under "bylaws" that treated the Coalition as a non-profit, and not the government entity that it is. Moving forward, I hope to improve our communication on these important formation matters, not just with Vernon, but with all of our City Members. If there are any other questions or concerns, please don't hesitate to contact me. You and several other city staff, through your questions, have helped me understand JPA's and work more effectively with legal counsel to address holes in the original formation documents. Marisela Cervantes Executive Director SOUTHEAST CITIES SCHOOLS COALITON A Joint Powers Authority of the cities of Bell, Cudahy, Huntington Park, Maywood, South Gate, and Vernon (323) 584-6245 marisela.cervantes@mail.com --Original Message ----- From: Giron, Nelly [mailto:NGiron@ci.vernon.ca.us] Sent: Tuesday, May 27, 2008 5:00 PM To: marisela.cervantes@mail.com Subject: RE: Southeast Cities Schools Coalition Don't worry. Okay, here is the question, actually posed by our legal section. The Southeast Cities Schools started as a "Coalition" then later came the Joint Powers Agreement with an "Authority" Our legal dept. is asking if there are any documents referring to the change from Coalition to Authority. Or if no documents are available, your clarification on this matter will suffice. Thank you Marisela. Nelly -----Original Message ----- From: Marisela Cervantes [mailto:marisela.cervantes@mail.com] Sent: Tuesday, May 27, 2008 4:22 PM To: Giron, Nelly Subject: Re: Southeast Cities Schools Coalition Hi Nelly. I'm so sorry for misspelling your name. I sent the message from my Blackberry, Marisela Sent via B1ackBerry by AT&T -----Original Message ----- From: "Giron, Nelly" <NGiron@ci.vernon.ca.us> Date: Tue, 27 May 2008 13:15:15 To:<marisela.cervantes@mail.com> Subject: FW: Southeast Cities Schools Coalition Hi Marisela, to whom should I direct my questions regarding the Joint Power Authority Agreement? One more thing, my extension is 266 not 262 as stated on the previous email. All the other information is correct. Nelly Giron -----Original Message ----- From: Enomoto, Kristen Sent: Tuesday, May 27, 2008 11:11 AM To: 'marisela.cervantes@mail.com' Cc: Giron, Nelly Subject: Southeast Cities Schools Coalition No problem, Marisela. Our City Clerk is Nelly Giron. Her number is 323-583-8811 x262 and her email is ngiron@ci.vernon.ca.us <mailto:ngiron@ci.vernon.ca.us> . Kristen ---------------- From: Marisela Cervantes (mailto:marisela.cervantes@mail.com) Sent: Tuesday, May 27, 2008 11:05 AM To: Enomoto, Kristen Subject: RE: Southeast Cities Schools Coalition Kristen, can you forward me the name and contact information of your City Clerk. Thank you. Marisela Cervantes Executive Director Southeast Cities Schools Coaliton A Joint Powers Authority of the cities of Bell, Cudahy, Huntington Park, Maywood, South Gate, and Vernon (323) 584-6245 marisela.cervantes@mail.com From: Enomoto, Kristen [mailto:Kenomoto@ci.vernon.ca.us] Sent: Tuesday, May 27, 2008 8:31 AM To: marisela.cervantes@mail.com Cc: Councilman McCormick Subject: Southeast Cities Schools Coalition Good Morning Marisela, I have received your email and memo and will pass both along to the City Administrator and City Attorney today. Both will be tied up in meetings all day today, but I will let them know that you are looking to hear back from one of them as soon as possible. Kristin, please confirm receipt. Thank you. Marisela Cervantes Executive Director Southeast Cities Schools Coaliton A Joint Powers Authority of the cities of Bell, Cudahy, Huntington Park, Maywood, South Gate, and Vernon (323) 584-6245 marisela.cervantes@mail.com<mailto:marisela.cervantes@mail.com> From: Marisela Cervantes[mailto:marise_la.cervantes@mail.com) Sent: Thursday, May 22, 2008 4:25 PM To: Kristin Enomoto (kenomoto@ci.vernon.ca.gov) Cc: William "Mike" McCormick (wmmt419@gmail.com) Subject: Southeast Cities Schools Coalition Greetings! Per some discussions with Mr. McCormick, I writing to request a meeting with your City Administrator or appropriate designee to discuss the possibility of the City of Vernon hosting the Coalition. The Memo attached highlights some of the needs of the Coalition from a host city. I think it would be most beneficial however, to sit down and discuss them. I may be reached via email or cell (213) 445-1152 to schedule this meeting. Regards, Marisela Cervantes, MPA Executive Director Southeast Cities Schools Coaliton A Joint Powers Authority of the cities of Bell, Cudahy, Huntington Park, Maywood, South Gate, and Vernon 3401 E. Florence Avenue Huntington Park, CA 90255 (323) 584-6245, (323) 584-6248 fax marisela.cervantes@mail.com Romero, Debbie From: Giron, Nelly Sent: Monday, February 25, 2008 4:33 PM To: 'tsullivan @ leal-law.com' Cc: Romero, Debbie Subject: FW: Emailing: SOUTHEAST LOCAL EDUCATIONAL AUTHORITY JPA APPROVED BY RES. NO. 9115 Attachments: SOUTHEAST LOCAL EDUCATIONAL AUTHORITY JPA APPROVED BY RES. NO. 9115.PDF if SOUTHEAST LOCAL EDUCATIONAL AU... i Tina, here is the requested dated and signed copy of the agreement. It is my understanding that the City of Vernon will be get an original agreement or at least a set of the original signatures for our file. Please advise. Thanks. Nelly 1