CC SR 20230718 F - LARA JPA
CITY COUNCIL MEETING DATE: 07/18/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve an amendment to the Joint Powers
Agreement with the Los Angeles Regional Agency for solid waste reporting and
programs.
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution 2023-__, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES CALIFORNIA APPROVING AN AMENDED
AND RESTATED JOINT POWERS AGREEMENT WITH THE LOS ANGELES
REGIONAL AGENCY (LARA); and,
2) Authorize the City Manager to execute the Amended and Restated Joint Powers
Agreement with the Los Angeles Regional Agency.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Vanessa Hevener, Project Manager
REVIEWED BY: Lincoln Lo, Deputy Director of Public Works
Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution 2023-___ Amended and Restated Joint Powers Agreement with the
Los Angeles Regional Agency (page A -1)
B. Amended and Restated Joint Powers Agreement (page B-1)
C. Redlined Original Joint Powers Agreement (page C-1)
BACKGROUND AND DISCUSSION:
In 2004, the City approved the Joint Powers Agreement (JPA) to join with 14 Los Angeles
County cities (including the City of Los Angeles) to form the Los Angeles Regional Agency
(LARA), as approved by the California Department of Resources Recycling and Recovery
(CalRecycle), for the purpose of combining efforts to meet the solid waste disposal
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RANCHO PALOS VERDES
LL
Ar
reduction mandates set by Assembly Bill (AB) 939. Since then, LARA membership has
grown to 18 members.
The advantages of LARA membership include:
• A unified voice for member cities on issues and concerns faced by each member.
• Cities can focus on program implementation rather than numerical compliance.
• Cost sharing and regional level studies.
• Consolidated reporting on behalf of member cities.
• Networking and peer-to-peer information sharing to improve best practices.
• Averaging of waste diversion and disposal over all member cities, smoothing out
disposal fluctuations due to discrepancies in jurisdictional boundaries or changes
in the Disposal Reporting System. The inclusion of the City of Los Angeles is
particularly useful, because its overall size can easily absorb these fluctuations.
In 2011, the state adopted AB 341 for solid waste diversion. The bill was designed to help
meet California’s recycling goal of 75% by the year 2020. The law requires California
commercial enterprises and public entities that generate four or more cubic yar ds per
week of waste, and multi-family housing complexes with five or more units, to adopt
recycling practices.
In 2014, the state adopted AB 1826 for mandatory commercial organics recycling. The
assembly bill requires businesses to recycle their organic waste depending on the amount
of waste they generate per week. This law also requires local jurisdictions across the state
to implement an organic waste recycling program to divert organic waste generated by
businesses, including multifamily residential dwellings that consist of five or more units.
In 2016, the state adopted Senate Bill (SB) 1383 establishing a statewide methane
emission reduction target of 75% by 2025. Methane is emitted when organic waste (e.g.,
yard waste, food waste, soiled paper products) decomposes in landfills. SB 1383 became
effective on January 1, 2022.
CalRecycle is now requiring the JPA be amended to authorize LARA to report information
related to organic waste recycling on behalf its member agencies to ensure compliance
with AB 341, AB 1826, and SB 1383, which were adopted after the original JPA was
executed. The amended and restated JPA (Attachment B) also reflects recent changes
to the waste diversion calculation methodology used by CalRecycle as well as several
minor revisions to the original JPA language which has not been updated for 20 years.
The changes are highlighted in the redlined version of the JPA (Attachment C). The
amended and restated JPA was reviewed and approved by the City Attorney.
CONCLUSION:
To meet new requirements related to organic waste recycling reporting and ensure
compliance with laws passed after executing of the current LARA JPA, Staff recommends
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the City Council adopt the attached resolution approving the amended and restated LARA
JPA.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not adopt the attached resolution. Not approving the amended JPA may lead
to the withdrawal of the City’s membership in LARA, and the City will assume all
reporting and compliance responsibilities to the bills discussed in the staff report.
2. Take other action as deemed appropriate.
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RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA APPROVING AN
AMENDED AND RESTATED JOINT POWERS
AGREEMENT WITH THE LOS ANGELES REGIONAL
AGENCY (LARA).
WHEREAS, the City of Rancho Palos Verdes desires to maximize its diversion of
solid waste from landfills; and
WHEREAS, in 2004, the City joined with the City of Los Angeles and 13 other Los
Angeles County cities to form the Los Angeles Regional Agency (LARA) for the purpose
of meeting the disposal reduction mandates set by Assembly Bill No. 939 (AB 939). LARA
has since grown to 18 members; and
WHEREAS, in 2004, the California Department of Resources Recycling and
Recovery (CalRecycle) approved the formation of LARA and its bylaws; and
WHEREAS, as a Regional Agency, LARA submits its AB 939 Annual Report
together as a single entity, rather than as individual cities or jurisdictions; and
WHEREAS, in 2016, the State of California adopted Senate Bill No. 1383 (SB
1383), which established Statewide methane emission reduction target of 75% by 2025.
SB 1383 became effective on January 1, 2022. SB 1383 also established mandatory
reductions of organic waste; and
WHEREAS, CalRecycle is requiring LARA to amend its Joint Powers Agreement
to reflect the required reporting and compliance monitoring related to recycling under AB
341, AB 1826, and SB 1383.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The foregoing Recitals are true and incorporated herein by this
reference.
Section 2. The City Manager is hereby authorized and empowered to execute, in
the name of the City of Rancho Palos Verdes, the amended Joint Powers Agreement to
reflect the required reporting and compliance monitoring related to organic waste
recycling under SB 1383.
Section 3. This Resolution will become effective immediately upon adoption.
A-1
Resolution No. 2023-__
Page 2 of 2
PASSED, APPROVED and ADOPTED on this 18th day of July, 2023
________________________________
Barbara Ferraro, Mayor
ATTEST:
___________________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2023 -__ was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on July 18, 2023.
___________________________
Teresa Takaoka, City Clerk
A-2
Resolution No. 2023-__
Page 3 of 2
A-3
Amended and Restated
Joint Powers Agreement
between the following jurisdictions:
1. City of Artesia
2. City of Beverly Hills
3. City of Bradbury
4. City of Downey
5. City of Duarte
6.City of Hermosa Beach
7. City of Hidden Hills
8. City of Los Angeles
9. City of Lynwood
10. City of Manhattan Beach
11.City of Palos Verdes Estates
12. City of Pomona
13. City of Rancho Palos Verdes
14. City of Redondo Beach
15. City of Rosemead
16. City of Sierra Madre
17. City of South Gate
18. City of Torrance
Establishing the Los Angeles Area
Integrated Waste Management Authority
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Amended and Restated Joint Powers Agreement –
Los Angeles Area Integrated Waste Management Authority
This Joint Powers Agreement – Los Angeles Area Integrated Waste Management Authority;
effective the ________ day of ___________, _______, ("Agreement") is made and entered into
by and between the cities of:
1. Artesia
2. Beverly Hills
3. Bradbury
4. Downey
5. Duarte
6. Hermosa Beach
7. Hidden Hills
8. Los Angeles
9. Lynwood
10. Manhattan Beach
11. Palos Verdes Estates
12. Pomona
13. Rancho Palos Verdes
14. Redondo Beach
15. Rosemead
16. Sierra Madre
17. South Gate
18. Torrance
each a municipal corporation, hereinafter also referred to individually as "Party” and collectively
as “Parties”.
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Whereas, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter
5, Article 1) provides for agreements between two or more public agencies to jointly exercise
any power common to the contracting parties, subject to certain mandatory provisions contained
therein; and
Whereas, the State of California has enacted the California Integrated Waste Management Act of
1989 (AB 939), California Public Resources Code § 40000 et seq., mandating that municipalities
and county unincorporated areas divert material from disposal, and has promulgated regulations
promoting material reuse and recycling; and
Whereas, the foregoing Parties to this agreement have the power to provide waste management
services including the storage, collection, recycling, and disposal of solid wastes within their
respective jurisdictions; and
Whereas, the foregoing Parties desire and agree to form a regional agency to report as a single
entity the annual regional compliance with AB 939, AB 341, AB 1826, and SB 1383 reporting
requirements and to work towards the implementation of regional waste reduction and regional
recycling diversion programs, including, but not limited to, organics programs and compliance
with both existing and similar future regulations and/or legislation; and
Whereas, each of the foregoing Parties has a CalRecycle-approved Source Reduction and
Recycling Element, a CalRecycle-approved Solid Waste Generation Study, a
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CalRecycle-approved Household Hazardous Waste Element, and a CalRecycle-approved
Non-Disposal Facility Element; and
Whereas, on the date above, this agreement was entered into by the Parties to this agreement
whereby the Los Angeles Area Integrated Waste Management Authority is established to be a
“Regional Agency” entity to provide cooperative solid waste reporting and program activities to
the participating parties; and
Whereas, the California Public Resources Code, Sections 40970 through Section 40975 allows
cities and counties to form Regional Agencies to implement PRC Division 30, Part 2, Integrated
Waste Management Plans, in order to reduce the cost of reporting and tracking of disposal and
diversion programs by individual jurisdictions and counties and to increase the diversion of solid
waste from disposal facilities; and
Whereas, by this agreement, the Parties hereto wish to enter into this agreement to form a
Regional Agency for purposes of combining disposal and diversion quantities for determining
compliance with the California Integrated Waste Management Act of 1989 and to allow for the
efficient operation of diversion programs on a region-wide basis and hereby authorize the
Regional Agency to submit annual reports to CalRecycle on behalf of the Parties regarding the
Parties’ compliance with Senate Bill 1383 (SB 1383) and corresponding regulations codified in
Title 14, Division 7, Chapter 12 of the California Code of Regulations, consistent with the
requirements prescribed by CalRecycle; and
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Whereas, the members of the Agency desire to revise the language of the agreement to reflect
updated terminology and operating practices;
Now, therefore, in consideration of the mutual promises and agreements herein contained, the
parties hereto agree as follows:
Section 1. Definitions
1.1 Agreement.This Agreement as it is now exists, or as it may be amended.
1.2 AB 341.Solid Waste: Diversion (Chesbro, Chapter 476, Statutes of 2011).
1.3 AB 939.The California Integrated Waste Management Act of 1989.
1.4 AB 1826.Mandatory Commercial Organics Recycling (Chesbro, Chapter 727,
Statutes of 2014).
1.5 Agency/Regional Agency.Los Angeles Area Integrated Waste Management
Authority, also referred to as Los Angeles Regional Agency, or LARA, formed
pursuant to California Public Resources Code Sections 40970 through 40975 and
approved by CalRecycle.
1.6 Agency Staff.Personnel employed by the City of Los Angeles responsible for
administration of the Agency that may serve in the capacity of Manager, Executive
Director, Administrator, and/or another capacity.
1.7 Annual Report.The report required by the State of California to measure
compliance to the provisions of AB 939, AB 341, AB 1826, and SB 1383.
1.8 Board.Body consisting of a representative designated by the governing body of each
member.
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1.9 Bylaws.The rules and regulations document enacted by the Agency to provide a
framework for its operation and management.
1.10 CalRecycle.California Department of Resources Recycling and Recovery.
CalRecycle is the successor agency to the California Integrated Waste Management
Board (CIWMB).
1.11 Chair/Vice-Chair.Board representatives elected by a majority vote of the Board with
responsibilities as stated in Section 10.3.
1.12 Fiscal Year.Any year beginning July 1 and ending June 30.
1.13 HHWE.Household Hazardous Waste Element
1.14 Jurisdiction.Incorporated Parties who may be Members of the Agency.
1.15 Member/Members.Jurisdictions who are parties to the Agreement.
1.16 NDFE.Non-Disposal Facility Element
1.17 SB 1383.Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (SB
1383 Lara, Chapter 395, Statutes of 2016 , and implementing regulations, 14 CCR
18981.1, et seq.).
1.18 Secretary.Board representative elected by the Board with duties as stated in Section
10.5.
1.19 SRRE.Source Reduction and Recycling Element
1.20 Treasurer.Board representative elected by the Board with duties as stated in Section
10.4.
Section 2. Purpose of Agreement
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This Agreement is made and entered into for the purpose of forming a Regional Agency pursuant
to California Public Resources Code Sections 40970 through 40975, the Regional Agency being
established for purposes of combining disposal and diversion quantities for determining
compliance with AB 939, to allow for the efficient operation of diversion programs on a region-
wide basis as allowed by Members under this agreement, and to allow for the development of
Regional Integrated Waste Management Plans including a Source Reduction and Recycling
Element, Household Hazardous Waste Element, and Non-Disposal Facility Element.
The Agency will pool together the resources of its Members as stated in this agreement to
provide AB 939 compliance as well as AB 341 and AB 1826 reporting and SB 1383
recordkeeping and reporting services to the Members. The Agency will be responsible for
preparing the annual regional diversion rate calculation for the Regional Agency, and submitting
the report to CalRecycle.
The Members enter the agreement with the intent to benefit from the regional programs and
regional reporting that the Agency will provide.
Section 3. Term of Agreement
The term of this agreement shall commence on __________, and shall continue until amended or
terminated pursuant to the terms contained herein.
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Section 4. Powers of the Agency
4.1 The Agency is authorized to perform the following functions as required by the terms
of this Agreement and the bylaws of the Agency:
4.1.1 to make and enter into contracts;
4.1.2 to apply for and accept grants, advances and contributions;
4.1.3 to make plans and conduct studies;
4.1.4 to incur and discharge debts, liabilities and obligations;
4.1.5 to hire agents and employees.
4.2 Such powers shall be exercised subject only to the limitations set forth in this
Agreement, applicable law and such restrictions upon the manner of exercising such
powers as are imposed by law upon the Members in the exercise of similar powers. In
no event do these powers expressly granted restrict the individual power of each
Member with regards to solid waste management under their jurisdiction.
Furthermore, in no event shall the Agency be authorized to exercise any power not
expressly granted by this Agreement. The Members hereby designate the City of Los
Angeles as the Member required to be designated by Section 6509 of the California
Government Code.
Section 5. Responsibilities of the Regional Agency
5.1 This Agreement hereby creates and establishes an authority to be known as the “Los
Angeles Area Integrated Waste Management Authority”. The Authority shall
constitute a Regional Agency pursuant to Public Resources Code Section 40973.
Said Agency shall be responsible for compliance with the waste diversion
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requirements set forth in the Public Resources Code, Article 1 of Chapter 6
(commencing with Section 41780).
5.2 The Agency will be responsible for providing the following services for the benefit of
the Members:
5.2.1 The Agency will be responsible for preparing the Annual Report with collective
information submitted by the Members and submitting the report to CalRecycle;
5.2.2 The Agency will develop standardized database tools for monitoring, tracking,
and evaluating implemented jurisdiction-owned/operated diversion programs and
make them available to all members;
5.2.3 The Agency will conduct a new “regional level” generation-based diversion study
when required by CalRecycle or when a study is needed for a new baseline for its
Members;
5.2.4 The Agency will provide legislative and regulatory analysis on pending
regulations and legislation for Members;
5.2.5 The Agency will seek grant funding for additional Regional Agency activities.
5.2.6 The Agency will evaluate and disseminate information to Members about
innovative waste management/recycling technologies. As directed by the Board
and upon available funding, the Agency will conduct additional programs based
on additional funding such as but not limited to: cooperative food waste donation
for reuse, technical assistance for business recycling, investigate forming
cooperative partnerships to develop additional capacity for processing and/or
reuse of materials, and/or pool buying power of Members to lower the cost of
recycled-content products.
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Section 6. Duties and responsibilities of Member Jurisdictions
6.1 Each Member will be responsible for funding and/or implementing programs
recommended for implementation in their jurisdiction as adopted in their respective
SRRE and for continued support of the associated programs as adopted in their
respective HHWE.
6.2 Each Member will also provide funding of the Agency for its operation in accordance
with Section 9, the implementation of regional programs, and for preparing the annual
regional diversion rate calculation for the progress made by the Regional Agency.
6.3 Each Member shall provide the information required for annual report or new base
year compilation to the Agency in a timely manner according to the format set forth
by the Agency. The annual report information shall include, but not be limited to, all
information required by AB 939, AB 341, AB 1826, and SB 1383.
Section 7. Approval of Agreement by CalRecycle
Pursuant to California Public Resources Code Section 40975(a), establishment of a Regional
Agency requires authorization from CalRecycle, if CalRecycle finds that the formation of such a
Regional Agency will not adversely affect compliance with PRC Division 30, Part 2. Integrated
Waste Management Plans.
Section 8. Agency Financial Requirements
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8.1 The Agency will follow the financial accounting requirements set forth in
Government Code Section 6505, Section 6505.1, Section 6505.5, Section 6505.6,
Section 6511, and Section 6512, herein incorporated by reference.
8.2 Agency Staff will prepare a budget for each fiscal year and present it to the Board
before its approval by the City of Los Angeles. The assets, rights, debts, liabilities and
obligations of the Agency shall not constitute assets, rights, debts, liabilities or
obligations of any of the Members. However, nothing in this Agreement shall prevent
any Member from separately contracting for or assuming responsibility for specific
debts, liabilities or obligations of the Agency, provided that both the Agency and the
Member approve such contract or assumption.
8.3 Payment of Civil Penalties Imposed by CalRecycle - The Members hereby agree that
the responsibility for any civil penalties incurred pursuant to AB 939, AB 341, AB
1826, or SB 1383 shall be assigned to the Agency. Should a penalty be assessed
against the Agency for non-compliance after all administrative remedies are
exhausted; the Members hereby authorize the Agency to allocate responsibility to the
Members based upon equal division of the monetary fine between all of the
participating Members. Any modification to this basis for determining responsibility
for any civil penalties will be codified in the operating Bylaws.
Section 9. Funding
9.1 Members shall not be assessed the startup costs for the Agency of approximately
$150,000, which have been borne by the City of Los Angeles. As a Member, the City
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of Los Angeles will contribute existing staff and resources totaling approximately
$300,000 per year to the Agency.
9.2 The City of Los Angeles will provide $100,000 annually towards a new base year
study to be prepared no less than three years but within five years from the original
formation of the Agency.
9.3 Funding will be provided by each additional Member assessed as a fee per ton of the
Member's landfill disposal. The fee will be codified in the Agency Bylaws and is
subject to adjustments as directed by the Board. This fee will be due at the beginning
of each fiscal year.
Section 10. Structure of the Agency
10.1 Agency Staff.The City of Los Angeles shall employ staff for the Agency. Agency
Staff shall, upon direction by the Board, plan, organize, and direct the administration
and operations of the Agency, shall advise the Chair/Vice-Chair on policy matters,
shall develop Agency budgets, shall reply to communications on behalf of the
Agency, shall attend meetings of the Board, and carry out other duties as needed.
10.2 Board.The Board of the Los Angeles Area Integrated Waste Management Authority
shall be comprised of a representative from each of the Members. The Board shall
make all policy decisions on behalf of the Agency, review and approve budgets, and
decide the disbursement of discretionary funds collected under Section 9.3.
10.3 Chair and Vice-Chair.The officers of the Board shall include a Chair and
Vice-Chair elected by a majority vote of Members. Their duties are to: Preside over
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all meetings of the Board; Appoint all ad hoc committees subject to ratification by the
Board; act as ex-officio members of all ad hoc committees.
10.4 Treasurer.The officers of the Board shall include a Treasurer elected by a majority
vote of Members. His/her duties are to lead in the preparation and submission of
Agency budgets to the Board and monitor expenditures with the assistance of the
Agency administrative staff.
10.5 Secretary.The officers of the Board shall include a Secretary elected by a majority
vote of the Members. His/her duties are to record attendance at all Agency meetings
and keep a record of vote tallies when votes are taken by roll call.
10.6 Committees.Committees, subcommittees, and ad hoc committees shall be at the
discretion of the Chair subject to ratification by the Board. The Chair may appoint
any individual deemed qualified to serve on a Committee.
10.7 Meetings.The Board will hold regular meetings, at a minimum, on a quarterly basis.
Special meetings of the Board may be called in accordance with the provisions of
Section 54956 of the California Government Code.
10.8 Brown Act.All meetings of the Board shall be held subject to the provisions of the
California Ralph M. Brown Act (Sections 54950 et seq. of the California Government
Code) and other applicable laws of the State of California.
10.9 Minutes.Agency staff shall cause minutes of all meetings of the Board to be kept and
shall, after each meeting, cause a copy of the minutes to be forwarded to each
Member.
Section 11. Addition of New Member Jurisdictions
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11.1 The Agency will have the authority through an action by the Board to add New
Member Jurisdictions to the Agency without modification to the existing Agreement
by the amendment of Attachment(s) to this Agreement. Attachment(s) shall list the
Member Jurisdictions and contain additional signature pages for each New Member.
Each New Member shall have equal rights and responsibilities of all Members.
11.2 New members must apply to the Board in writing no less than 90 days before the end
of each fiscal year to be considered for membership.
11.3 New Members will be assessed a prorated share of assets held by the Agency such as
the reserve fund.
Section 12. Withdrawal and Termination
12.1 Any Member may voluntarily withdraw from this Agreement by filing with the
Agency a written notice to withdraw no less than one hundred eighty (180) days prior
to the close of the Agency’s fiscal year.
12.2 A Jurisdiction’s participation and membership may be terminated by the Agency for
non-performance of its responsibilities and/or duties required under Sections 6.1, 6.2,
and 6.3 of this Agreement. A vote by a majority of the Members is needed to
terminate the agreement with respect to a Jurisdiction. When terminated, the
Jurisdiction and CalRecycle will be notified in writing of the action on behalf of the
Agency and all funds received by the Agency for the remainder of the current fiscal
year after termination will be refunded to the Jurisdiction after deducting any
applicable expenses.
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12.3 The withdrawing Jurisdiction shall also continue to be liable for its share of Agency
obligations, including, but not limited to, operations costs and the General Budget,
until the effective date of its withdrawal.
12.4 This Agreement may be terminated at any time by a written concurrence of a
two-thirds (2/3) vote of the Board. Procedures for termination of the Agreement will
be codified in the operating Bylaws.
Section 13. Jurisdictional Responsibility Upon Termination
In the event that this Agreement is terminated, individual Jurisdictions will assume responsibility
for a share of any civil penalties incurred by the Agency during the term of the Jurisdiction as a
Member. Jurisdictions will also be responsible individually for any civil penalties incurred
individually. If this Agreement is terminated, each Jurisdiction will assume responsibility for
compiling their own disposal information from haulers and facility operators for compliance with
the monitoring and reporting system required pursuant to PRC Sections 41780, 41821.5,
42652.5, and 42653, and implementing regulations 14 CCR 18981.1 et seq., unless a subsequent
regional agency formation agreement is approved specifically for this purpose. Each Jurisdiction
is still responsible for the implementation of the programs described in their respective portion of
the annual report including, but not limited to, programs responsive to AB 939, AB 341, AB
1826, and SB 1383.
Section 14. Member Jurisdiction SRRE Implementation
Each Member of the Agency is responsible for and shall continue to implement diversion
programs in their adopted and approved SRRE that are specific to their Jurisdiction. Failure to
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implement these programs will provide cause for termination of the Agreement with respect to
that Jurisdiction.
Section 15. Contact Persons
The name of the regional agency is the Los Angeles Area Integrated Waste Management
Authority. The contact persons for all members are listed in Attachment A. The address and
primary contact person is the following:
Mr. Alex E. Helou
City of Los Angeles
LA Sanitation and Environment, SRCRD
Los Angeles Regional Agency
1149 S. Broadway, 5th Floor
Los Angeles, CA 90015
Telephone: (213) 485-2260
Section 16. Amendment
This Agreement may be amended or modified at any time, in a manner consistent with and in
furtherance of the purposes of this Agreement, with the written consent of a majority of the
Member Jurisdictions within the Regional Agency.
Section 17. Indemnification
Pursuant to Government Code Section 895.4, the Parties agree as follows:
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17.1 Each Member Jurisdiction shall indemnify, defend and hold harmless the City of Los
Angeles, the other Member Jurisdictions, the Agency, and their officers, agents and
employees, from and against any and all claims, expenses, liability or damage arising
out of injury to persons, loss of life, or damage to property which are attributable to
any activity of that Member Jurisdiction or of any other person acting under authority
of that Member Jurisdiction which results from activities conducted on behalf of the
Agency.
17.2 The City of Los Angeles and the Agency shall indemnify, defend and hold harmless
each Member Jurisdiction and its officers, agents and employees, from and against
any and all claims, expenses, liability or damage arising out of injury to persons, loss
of life, or damage to property which are attributable to any authorized activity of
Agency, or of any other person acting under authority of Agency.
Section 18. Miscellaneous Provisions
18.1 Successors and Assigns.This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the respective Parties hereto, provided that
no Party shall assign any rights, nor delegate any duties provided for hereby without
the consent of the other Party.
18.2 Required Actions of the Parties.The Parties hereto agree to execute all such
instruments and documents and to take all actions as may be required in order to
consummate the transactions herein contemplated.
18.3 Entire Agreement.This Agreement contains the entire agreement between the
parties hereto with respect to the subject matter hereof, and thereby supersedes all
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prior understandings and agreements, if any, with respect thereto, whether written or
oral. No addition or modification of any term or provision shall be effective unless set
forth in writing, signed by the Parties hereto.
18.4 Time of the Essence.Time is of the essence of each and every term, condition,
obligation, and provision thereof.
18.5 Notices.All notices or other communications required or permitted hereunder shall
be in writing and shall be delivered personally (including by means of professional
messenger service) or sent by electronic mail or other electronic means or express
mail or registered mail or certified mail, return receipt requested. Notices delivered
personally or by express mail shall be considered given when received. Notices sent
by registered or certified mail shall be considered given two (2) business days after
deposit in the United States mail, postage prepaid, addressed to the person to receive
such notice. Notices sent by electronic mail or other electronic means shall be
considered given two (2) business days after sending.
18.6 Notices shall be addressed as appears below for the Agency, and as listed in the
Attachment(s) for each party, provided that if any party gives notice of a change of
name or address, notices to the giver of that notice shall thereafter be given as
demanded in that notice.
If to Agency: Los Angeles Regional Agency
LA Sanitation and Environment, SRCRD
1149 S. Broadway, 5th Floor
Los Angeles, CA 90015
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Attention: Alex E. Helou
sanab939@lacity.org
With a copy to: LA Sanitation and Environment
1149 S. Broadway, Ste. 900
Los Angeles, CA 90015
Attention: Director
If to Members: Please see Attachment(s)
18.7 Applicable Law.This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
18.8 No Waiver.A waiver by any Party of the breach of any of the terms and conditions
under this Agreement to be performed by any other Party shall not be construed as a
waiver of any succeeding breach of the same terms and conditions of this Agreement.
18.9 Modifications.Except as expressly allowed in the Agreement, any alteration, change
or modification of or to this Agreement, in order to become effective, must be made
in writing and in each instance signed on behalf of each Party hereto.
18.10 No Obligations to Third Parties.Except as otherwise expressly provided herein, the
provisions of this Agreement are intended to be solely for the benefit of the Parties
hereto, and execution and delivery of this Agreement shall not be deemed to confer
any rights upon, or obligate any of the Parties hereunder, to any person or entity other
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than the Parties hereto.
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Amended and Restated
Joint PowersAgreement
between the following jurisdictions:
1. City of Artesia
2. City of Beverly Hills
3. City of Bradbury
4. City of Downey
5. City of Duarte
6. City of Hermosa Beach
7. City of Hidden Hills
8. City of Los Angeles
9. City of Lynwood
10. City of Manhattan Beach
11. City of Palos Verdes Estates
12. City of Pomona
13.City of Rancho Palos Verdes
14.City of Redondo Beach
15. City of Rosemead
16. City of Sierra Madre
17. City of South Gate
18. City of Torrance
Establishing the Los Angeles Area
Integrated Waste Management Authority
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Amended and Restated Joint Powers Agreement –
Los Angeles Area Integrated Waste Management Authority
This Joint Powers Agreement – Los Angeles Area Integrated Waste Management Authority;
effective the ________ day of ___________, _______, ("Agreement") is made and entered into
by and between the cities of:
1. Artesia
2. Beverly Hills
3. Bradbury
4. Downey
5. Duarte
6. Hermosa Beach
7. Hidden Hills
8. Los Angeles
9. Lynwood
10. Manhattan Beach
11. Palos Verdes Estates
12. Pomona
13. Rancho Palos Verdes
14. Redondo Beach
15. Rosemead
16. Sierra Madre
17. South Gate
18. Torrance
each a municipal corporation, hereinafter also referred to individually as "Party” and collectively
as “Parties”.
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Whereas , Section 6500, et seq. , of the California Government Code (Title 1, Division 7, Chapter
5, Article 1) provides for agreements between two or more public agencies to jointly exercise
any power common to the contracting parties, subject to certain mandatory provisions contained
therein; and
Whereas , the State of California has enacted the California Integrated Waste Management Act of
1989 (AB 939), California Public Resources Code § 40000 et seq., mandating that municipalities
and county unincorporated areas divert material from disposal, and has promulgated regulations
promoting material reuse and recycling; and
Whereas , the foregoing Parties to this agreement have the power to provide waste management
services including the storage, collection, recycling, and disposal of solid wastes within their
respective jurisdictions; and
Whereas , the foregoing Parties desire and agree to form a regional agency to report as a single
entity the annual regional compliance with AB 939 , AB 341, AB 1826, and SB 1383 reporting
requirements and to work towards the implementation of regional waste reduction and regional
recycling diversion programs , including, but not limited to, organics programs and compliance
with both existing and similar future regulations and/or legislation ; and
Whereas , each of the foregoing Parties has a CalRecycle- California Integrated Waste
Management Board approved Source Reduction and Recycling Element, a
CalRecycle- California Integrated Waste Management Board approved Solid Waste Generation
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Study, a CalRecycle- California Integrated Waste Management Board approved Household
Hazardous Waste Element, and a CalRecycle- California Integrated Waste Management Board
approved Non-Disposal Facility Element; and
Whereas , on the date above, this agreement was entered into by the Parties to this agreement
whereby the Los Angeles Area Integrated Waste Management Authority is established to be a
“Regional Agency” entity to provide cooperative solid waste reporting and program activities to
the participating parties; and
Whereas , the California Public Resources Code, Sections 40970 through Section 40975 allows
cities and counties to form Regional Agencies to implement PRC Division 30, Part 2, Integrated
Waste Management Plans, in order to reduce the cost of reporting and tracking of disposal and
diversion programs by individual jurisdictions and counties and to increase the diversion of solid
waste from disposal facilities; and
Whereas , by this agreement, the P p arties hereto wish to enter into this agreement to form a
Regional Agency for purposes of combining disposal and diversion quantities for determining
compliance with the California Integrated Waste Management Act of 1989 and to allow for the
efficient operation of diversion programs on a region-wide basis and hereby authorize the
Regional Agency to submit annual reports to CalRecycle on behalf of the Parties regarding the
Parties’ compliance with Senate Bill 1383 (SB 1383) and corresponding regulations codified in
Title 14, Division 7, Chapter 12 of the California Code of Regulations, consistent with the
requirements prescribed by CalRecycle ; and
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Whereas , the members of the Agency desire to revise the language of the agreement to
reflect updated terminology and operating practices;
Now, therefore, in consideration of the mutual promises and agreements herein contained, the
parties hereto agree as follows:
Section 1. Definitions
1.1 Agreement. This A a greement as it is now exists, or as it may be amended.
1.2 AB 341. Solid Waste: Diversion (Chesbro, Chapter 476, Statutes of 2011).
1.3 AB 939. The California Integrated Waste Management Act of 1989.
1.4 AB 1826. Mandatory Commercial Organics Recycling (Chesbro, Chapter
727, Statutes of 2014).
1.5 Agency/Regional Agency. Los Angeles Area Integrated Waste Management
Authority, also referred to as Los Angeles Regional Agency, or LARA, formed
pursuant to California Public Resources Code Sections 40970 through 40975
and approved by CalRecycle the CIWMB .
1.6 Agency Staff. Personnel employed by the City of Los Angeles responsible for
administration of the Agency that may serve in the capacity of Manager,
Executive Director, Administrator, and/or another capacity.
1.7 Annual Report. The report required by the State of California to measure
compliance to the provisions of AB 939 , AB 341, AB 1826, and SB 1383 .
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1.8 Board. Body consisting of a representative designated by the governing body of each
member.
1.9 Bylaws. The rules and regulations document enacted by the Agency to provide
a framework for its operation and management.
1.10 CalRecycle. California Department of Resources Recycling and Recovery.
CalRecycle is the successor agency to the California Integrated Waste Management
Board (CIWMB).
1.11 Chair/Vice-Chair. Board representative Member s elected by a majority vote of the
Board with responsibilities as stated in Section 10.3.
1.12 CIWMB. California Integrated Waste Management Board. ¶
1.13 Fiscal Year. Any year beginning July 1 and ending June 30.
1.14 HHWE. Household Hazardous Waste Element
1.15 Jurisdiction. Incorporated Parties who may be Members of the Agency.
1.16 Manager. Individual responsible for the administration of the Agency. ¶
1.17 Member/Members. Jurisdictions who are parties to the Agreement.
1.18 NDFE. Non-Disposal Facility Element
1.19 SB 1383. Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (SB
1383 Lara, Chapter 395, Statutes of 2016 , and implementing regulations, 14 CCR
18981.1, et seq. ).
1.20 Secretary. Board representative elected by the Board with duties as stated in
Section 10.5.
1.21 SRRE. Source Reduction and Recycling Element
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1.22 Treasurer. Board representative elected by the Board with duties as stated in Section
10. 4 3 .
Section 2. Purpose of Agreement
This Agreement is made and entered into for the purpose of forming a Regional Agency pursuant
to California Public Resources Code Sections 40970 through 40975, the Regional Agency being
established for purposes of combining disposal and diversion quantities for determining
compliance with AB 939, to allow for the efficient operation of diversion programs on a region-
wide basis as allowed by Members under this agreement, and to allow for the development of
Regional Integrated Waste Management Plans including a Source Reduction and Recycling
Element, Household Hazardous Waste Element, and Non-Disposal Facility Element.
The Agency will pool together the resources of its Members as stated in this agreement to
provide AB 939 compliance as well as AB 341 and AB 1826 reporting and SB 1383
recordkeeping and reporting services to the Members residents and businesses of all who
participate under a single umbrella organization . The Agency will be responsible for preparing
the annual regional diversion rate calculation for the Regional Agency, and submitting the report
to CalRecycle the CIWMB .
The Members enter the agreement with the intent to benefit from the regional programs and
regional reporting that the Agency will provide.
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Section 3. Term of Agreement
The term of this agreement shall commence on __________, and shall continue until amended or
terminated pursuant to the terms contained herein.
Section 4. Powers of the Agency
4.1 The Agency is authorized to perform the following functions as required by the terms
of this Agreement and the by - laws of the Agency:
4.1.1 to make and enter into contracts;
4.1.2 to apply for and accept grants, advances and contributions;
4.1.3 to make plans and conduct studies;
4.1.4 to incur and discharge debts, liabilities and obligations;
4.1.5 to hire agents and employees.
4.2 Such powers shall be exercised subject only to the limitations set forth in this
Agreement, applicable law and such restrictions upon the manner of exercising such
powers as are imposed by law upon the Members in the exercise of similar powers. In
no event do these powers expressly granted restrict the individual power of each
Member with regards to solid waste management under their jurisdiction.
Furthermore, in no event shall the Agency be authorized to exercise any power not
expressly granted by this Agreement. The Members hereby designate the City of Los
Angeles as the Member required to be designated by Section 6509 of the California
Government Code.
Section 5. Responsibilities of the Regional Agency
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5.1 This Agreement hereby creates and establishes an authority to be known as the “Los
Angeles Area Integrated Waste Management Authority”. The Authority shall
constitute a Regional Agency pursuant to Public Resources Code Section 40973.
Said Agency shall be responsible for compliance with the waste diversion
requirements set forth in the Public Resources Code, Article 1 of Chapter 6
(commencing with Section 41780).
5.2 The Agency will be responsible for providing the following services for the benefit of
the Members:
5.2.1 The Agency will be responsible for preparing the Annual Report with collective
information submitted by the Members and submitting the report to CalRecycle
the CIWMB ;
5.2.2 The Agency will prepare the annual collective diversion rate calculation for all
Members; ¶
5.2.3 The Agency will develop standardized database tools for monitoring, tracking,
and evaluating implemented jurisdiction - owned / operated diversion programs
and make them available to all members;
5.2.4 The Agency will conduct a new “regional level” generation - based diversion
study when required by CalRecycle the CIWMB or when a study is needed for a
new baseline for its Members;
5.2.5 The Agency will provide legislative and regulatory analysis on pending
regulations and legislation for Members;
5.2.6 The Agency will seek grant funding for additional Regional Agency activities.
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5.2.7 The Agency will evaluate and disseminate information to Members about
innovative waste management/recycling technologies. As directed by the Board
and upon available funding, the Agency will conduct additional programs based
on additional funding such as but not limited to: cooperative food waste donation
for reuse, technical assistance for business recycling, investigate forming
cooperative partnerships to develop additional capacity for processing and/or
reuse of materials, and/or to pool buying power of Members to lower the cost of
recycled - content products.
Section 6. Duties and responsibilities of Member Jurisdictions
6.1 Each Member will be responsible for funding and/or implementing programs
recommended for implementation in their jurisdiction as adopted in their respective
SRRE and for continued support of the associated programs as adopted in their
respective HHWE.
6.2 Each Member will also provide funding of the Agency for its operation in accordance
with Section 9, the implementation of regional programs, and for preparing the annual
regional diversion rate calculation for the progress made by the Regional Agency.
6.3 Each Member shall provide the information required for annual report or new base
year compilation to the Agency in a timely manner according to the format set forth
by the Agency. The annual report information shall include, but not be limited to,
all information required by AB 939, AB 341, AB 1826, and SB 1383.
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Section 7. Approval of Agreement by CalRecycle the California Integrated Waste
Management Board
Pursuant to California Public Resources Code Section 40975( a A ), establishment of a Regional
Agency requires authorization from CalRecycle the California Integrated Waste Management
Board , if CalRecycle the Board finds that the formation of such a Regional Agency will not
adversely affect compliance with PRC Division 30, Part 2. Integrated Waste Management Plans.
Section 8. Agency Financial Requirements
8.1 The Agency will follow the financial accounting requirements set forth in
Government Code Section 6505, Section 6505.1, Section 6505.5, Section 6505.6,
Section 6511, and Section 6512, herein incorporated by reference.
8.2 Agency Staff The Manager will prepare a budget for each fiscal year and present it to
the Board before its approval by the City of Los Angeles. The assets, rights, debts,
liabilities and obligations of the Agency shall not constitute assets, rights, debts,
liabilities or obligations of any of the Members. However, nothing in this Agreement
shall prevent any Member from separately contracting for or assuming responsibility
for specific debts, liabilities or obligations of the Agency, provided for that both the
Agency and the Member approve such contract or assumption.
8.3 Payment of Civil Penalties Imposed by CalRecycle the California Integrated Waste
Management Board (CIWMB) - The Members hereby agree that the responsibility for
any civil penalties incurred pursuant to AB 939 , AB 341, AB 1826, or SB 1383 shall
be assigned to the Agency. Should a penalty be assessed against the Agency for non-
compliance after all administrative remedies are exhausted; the Members hereby
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authorize the Agency to allocate responsibility to the Members based upon equal
division of the monetary fine between all of the participating Members. Any
modification to this basis for determining responsibility for any civil penalties will be
codified in the operating by - laws Bylaws .
Section 9. Funding
9.1 Members shall not be assessed the startup costs for the Agency of approximately
$150,000, which have been borne by the City of Los Angeles. As a Member, the City
of Los Angeles will contribute existing staff and resources totaling approximately
$300,000 per year to the Agency.
9.2 The City of Los Angeles will provide $100,000 annually towards a new base year
study to be prepared no less than three years but within five years from the original
formation of the Agency commencement of this Agreement .
9.3 Funding will be provided by each additional Member assessed as a fee per ton of the
Member's landfill disposal. The fee will be codified in the Agency Bylaws and
is jurisdiction at $0.15 per ton of landfill disposal per year with the year 2000 as the
base year, subject to adjustments as directed by the Board. This fee will be due at
the beginning of each fiscal year.
Section 10. Structure of the Agency
10.1 Agency Staff. The City of Los Angeles shall employ staff for the Agency. Agency
Staff shall, upon direction by the Board, plan, organize, and direct the
administration and operations of the Agency, shall advise the Chair/Vice-Chair on
policy matters,
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shall develop Agency budgets, shall reply to communications on behalf of the
Agency, shall attend meetings of the Board, and carry out other duties as
needed. Manager. Initially, the City of Los Angeles shall employ the manager who
shall be the Chief Administrative Officer of the Agency. The Manager shall, upon
direction by the Board, plan, organize, and direct the administration and operations
of the Agency, shall advise the Chair/Vice Chair on policy matters, shall hire and
discharge staff, shall develop Agency budgets, shall reply to communications on
behalf of the Agency, shall approve payments duly authorized by the Board, shall
attend meetings of the Board, and carry out other duties as needed.
10.2 Board. The Board of the Los Angeles Area Integrated Waste Management Authority
shall be comprised of a representative from each of the Member jurisdiction s. The
Board shall make all policy decisions on behalf of the Agency, review and approve
budgets, and decide the disbursement of discretionary funds collected under Section
9.3.
10.3 Chair and Vice-Chair. The officers of the Board shall include a Chair and Vice-Chair
elected by a majority vote of Members. Their duties are to: Preside over all meetings
of the Board; Appoint all ad hoc committees subject to ratification by the Board; act
as ex-officio members member of all standing ad hoc committees.
10.4 Treasurer. The officers of the Board shall include a Treasurer elected by a majority
vote of Members. His/her duties are to lead in the preparation and submission of
Agency budgets to the Board and monitor expenditures with the assistance of the
Manager and Agency administrative staff.
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10.5 Secretary. The officers of the Board shall include a Secretary elected by a majority
vote of the Members. His/her duties are to record attendance at all Agency meetings
and keep a record of vote tallies when votes are taken by roll call.
10.6 Committees. Committees, subcommittees, and ad hoc committees shall be at the
discretion of the Chair subject to ratification by the Board. The Chair may appoint
any individual deemed qualified to serve on a Committee.
10.7 Meetings. The Board will hold regular meetings, at a minimum, on a quarterly basis.
Special meetings of the Board may be called in accordance with the provisions of
Section 54956 of the California Government Code.
10.8 Brown Act. All meetings of the Board shall be held subject to the provisions of the
California Ralph M. Brown Act (Sections 54950 et seq. of the California
Government Code) and other applicable laws of the State of California.
10.9 Minutes. Agency staff The Manager shall cause minutes of all meetings of the Board
to be kept and shall, after each meeting, cause a copy of the minutes to be forwarded
to each M m ember.
Section 11. Addition of New Member Jurisdictions
11.1 The Agency will have the authority through an action by the Board to add New
Member Jurisdictions to the Agency without modification to the existing Agreement
by the amendment of Attachment (s) to this Agreement A . Attachment (s) A shall list
the Member Jurisdictions and contain additional signature pages for each New
Member. Each New Member shall have equal rights and responsibilities of all
Members.
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11.2 New members must apply to the Board in writing no less than 90 days before the end
of each fiscal year to be considered for membership.
11.3 New Members will be assessed a prorated share of assets held by the Agency such as
the reserve fund.
Section 12. Withdrawal and Termination
12.1 Any Member may voluntarily withdraw from this Agreement by filing with the
Agency a written notice to withdraw no less than one hundred eighty (180) days prior
to the close of the Agency’s fiscal year.
12.2 A Jurisdiction’s participation and membership may be terminated by the Agency for
non-performance of its responsibilities and/or duties required under Sections 6.1, 6.2 ,
and 6.3 of this Agreement. A vote by a majority of the Members is needed to
terminate the agreement with respect to a Jurisdiction. When terminated, the
Jurisdiction and CalRecycle the CIWMB will be notified in writing of the action on
behalf of the Agency and all funds received by the Agency for the remainder of the
current fiscal year after termination will be refunded to the Jurisdiction after
deducting any applicable expenses .
12.3 The withdrawing Jurisdiction shall also continue to be liable for its share of Agency
obligations, including, but not limited to, operations costs and the General Budget,
until the effective date of its withdrawal.
12.4 This Agreement may be terminated at any time by a written concurrence of a
two-thirds (2/3) vote of the Board. With the written concurrence of a majority of the
Members to this Agreement, this Agreement may be terminated at any time.
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Procedures for termination of the Agreement will be codified in the operating
Bylaws.
Section 13. Jurisdictional Responsibility Upon Termination
In the event that this Agreement is terminated, individual Jurisdictions will assume responsibility
for a share of any civil penalties incurred by the Agency during the term of the Jurisdiction as a
Member. Jurisdictions will also be responsible individually for any civil penalties incurred
individually. If this Agreement is terminated, each Jurisdiction will assume responsibility for
compiling their own disposal information from haulers and facility operators for compliance with
the monitoring and reporting system required pursuant to PRC Sections 41780 , and 41821.5,
42652.5, and 42653, and implementing regulations 14 CCR 18981.1 et seq., unless a subsequent
regional agency formation agreement is approved specifically for this purpose. Each member
Jurisdiction is still responsible for the implementation of the programs described in their
respective portion of the annual report including, but not limited to, programs responsive to AB
939, AB 341, AB 1826, and SB 1383. Source Reduction and Recycling Element.
Section 14. Member Jurisdiction SRRE Implementation
Each Member of the Agency is responsible for and shall continue to implement diversion
programs in their adopted and approved SRRE that are specific to their Jurisdiction. Failure to
implement these programs will provide cause for termination of the Agreement with respect to
that Jurisdiction.
Section 15. Contact Persons
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The name of the regional agency is the Los Angeles Area Integrated Waste Management
Authority. The contact persons for all members are listed in Attachment A. The address and
primary contact person is the following:
Mr. Alex E. Helou Ms. Karen Coca
City of Los Angeles
LA Sanitation and Environment Bureau of Sanitation , SRCRD
Los Angeles Regional Agency Area Integrated Waste Management Authority
1149 S. Broadway, 5th Floor 433 S. Spring Street., 5th Floor
Los Angeles, CA 9001 5 3
Telephone: (213) 485-2260 473-8242
Section 16. Amendment
This Agreement may be amended or modified at any time, in a manner consistent with and in
furtherance of the purposes of this Agreement, with the written consent of a majority of the
Member Jurisdictions within the Regional Agency.
Section 17. Indemnification
Pursuant to Government Code Section 895.4, the Parties agree as follows:
17.1 Each Member Jurisdiction shall indemnify, defend and hold harmless the City of Los
Angeles, the other Member Jurisdictions, the Agency, and their officers, agents and
employees, from and against any and all claims, expenses, liability or damage arising
out of injury to persons, loss of life, or damage to property which are attributable to
any activity of that Member Jurisdiction or of any other person acting under authority
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of that Member Jurisdiction which results from activities conducted on behalf of the
Agency.
17.2 The City of Los Angeles and the Agency shall indemnify, defend and hold harmless
each Member Jurisdiction and its officers, agents and employees, from and against
any and all claims, expenses, liability or damage arising out of injury to persons, loss
of life, or damage to property which are attributable to any authorized activity of
Agency, or of any other person acting under authority of Agency.
Section 18. Miscellaneous Provisions
18.1 Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the respective Parties hereto, provided that
no Party shall assign any rights, nor delegate any duties provided for hereby without
the consent of the other Party.
18.2 Required Actions of the Parties. The Parties hereto agree to execute all such
instruments and documents and to take all actions as may be required in order to
consummate the transactions herein contemplated.
18.3 Entire Agreement. This Agreement contains the entire agreement between the
parties hereto with respect to the subject matter hereof, and thereby supersedes all
prior understandings and agreements, if any, with respect thereto, whether written or
oral. No addition or modification of any term or provision shall be effective unless set
forth in writing, signed by the Parties hereto.
18.4 [This subsection missing from JPA.] ¶
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18.5 Time of the Essence. Time is of the essence of each and every term, condition,
obligation, and provision thereof.
18.6 Notices. All notices or other communications required or permitted hereunder shall
be in writing and shall be delivered personally (including by means of professional
messenger service) or sent by electronic mail or other electronic means or express mail or
registered mail or certified mail, return receipt requested. Notices delivered personally or
by express mail shall be considered given when received. Notices sent by registered or
certified mail shall be considered given two (2) business days after deposit in the United
States mail, postage prepaid, addressed to the person to receive such notice. Notices sent
by electronic mail or other electronic means shall be considered given two (2) business
days after sending.
18.7 Notices shall be addressed as appears below for the Agency, and as listed in the
Attachment (s) A for each party, provided that if any party gives notice of a change of
name or address, notices to the giver of that notice shall thereafter be given as
demanded in that notice. Any electronically transmitted notice shall be in addition to,
and shall not be in lieu of, written notice as provided above.
If to Agency: Los Angeles Area Regional Agency
LA Sanitation and Environment Bureau of Sanitation , SRCRD
1149 S. Broadway, 5th Floor 433 S. Spring Street, 5th Floor
Los Angeles, CA 9001 5 3
Attention: Alex E. Helou Karen Coca
sanab939@lacity.org
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With a copy to: LA Sanitation and Environment Bureau of Sanitation
1149 S. Broadway, Ste. 900 433 S. Spring Street, 5th Floor
Los Angeles, CA 9001 5 3
Attention: Director
If to Members: Please see Attachment (s) A
18.8 A. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
18.9 ↵ B. No Waiver. A waiver by any Party of the breach of any of the terms and
conditions under this Agreement to be performed by any other Party shall not be
construed as a waiver of any succeeding breach of the same terms and conditions of
this Agreement.
18.10 ↵
C.Modifications. Except as expressly allowed in the Agreement, any alteration,
change or modification of or to this Agreement, in order to become effective, must be
made in writing and in each instance signed on behalf of each Party hereto.
18.11 ↵
D.No Obligations to Third Parties. Except as otherwise expressly provided herein,
the provisions of this Agreement are intended to be solely for the benefit of the
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Parties hereto, and execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the Parties hereunder, to any person or
entity other than the Parties hereto.
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