HomeMy WebLinkAboutDelMar Encinitas Escondido Oceanside Poway Vista; 1991-06-04;EXHIW TO RESOLUTION -
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JOINT POWERS AGREEMENT BY AND AMONG SEVERAL.
CITIES OF THE COUNTY OF SAN DIEGO
1. Parties. This Joint Powers Agreement, dated June 4, 1991, for the
purpose of reference only, is entered into pursuant to Government Code section 65(
and among the following public agencies:
City of Carlsbad
City of Del Mar
City of Encinitas
City of Escondido
City of Oceanside
Recitals. Each Party to this Agreement is a municipal corporation du
authorized and existing under the laws of the State of California, and situated wha
partially within the boundaries of the County of San Diego. Each Party has the pov
do studies relating to matters of municipal concern.
City of Poway
City of Solana Beach
City of Vista
2.
The Parties believe that a study needs to be conducted that will revie
alternative methods of solid waste disposal in this region.
3. Purpose. The purpose of this Agrement is to enable the Parties to j(
conduct a study of solid waste disposal alternatives. Although each party has the ri
conduct a study separately in its own name, this would be duplicative and prohib
costly. Through this Agreement the Parties desire to set forth the terms and conc
under which one Party will administer a study on behalf of all Parties; to provide f
management and direction of such study, to provide for the allocation of study exp
and to set forth various other matters relating to the conduct of the study.
4. No Separate Agency Created. The Parties do not intend to create a sei
public agency through this Agreement, and no provision of this Agreement should
constructed.
5. Authorization to Conduct Study. By execution of this Agreement, eacl
authorizes and directs that a study be conducted of solid waste disposal altemati
behalf of the Parties.
6. Administration of Ameement. The administration of the activities cal
in this Agreement is delegated to and vested in an Administrative Committee.
Administrative Comtnittee shall be comprised of: the City Managen of the Cj
Carkbad, Encinitas, and Vista.
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Each member of the Administrative Committee shall be, at all times, an
officer or employee of a Party to this Agreement. If any member ceases to be an of
or employee of a Party, or if the member's agency ceases to be a Party to this Agreem
a new member shall be promptly selected in the same manner as the original member.
Administrative Committee shall select a chairperson and shall keep all Parties informe
the composition of the committee.
The Administrative Committee is authorized and directed, on behalf of all Pa
to perform all acts necessary or desirable to execute and administer this Agree]
including, but not limited to: selecting and retaining a consultant to conduct the studj
supervise the work of the consultant during the course of the study..
The City of Carlsbad will contract with the consultant on behalf of the Partic
directed by the Administrative Committee.
7. Accounting Services. The Finance Director of the City of Carlsbad sh
provide accounting services for all payments and receipts required by the terms oj
Agreement, and shall be responsible for the safekeeping of all funds paid by or t(
Parties to this Agreement.
8. Oblinations of the Parties. Each Party to this Agreement shall:
a. Pay, upon demand, its "appropriate share" of all expenses inm
the performance of activities called for by this Agreement.
The "appropriate share" of each Party shall be calculated as fol
One Hundred percent (100%) of all expenses shall be apportio
among all of the Parties with each such Party bearing the same percentage of
expenses which the Party's population bears to the total population of the Parties t
Agreement. The allocation of expenses shown in Exhibit A attached hereto and m
part hereof.
b. Upon execution of this Agreement, pay to the Finance Director
City of Carlsbad the total sum listed after the name of each Party, in the column titlet
cost of =bit A attached hereto, which sum represents each Party's appropriate sh
the cost of conducting the study.
c. Any funds remaining upon termination of this Agreement shal
returned to the Parties in proportion to each Pairty's contribution to the total.
9. Termhation of Ameement. This Agreement shall terminate as to an^
upon occurrence of any of the following conditions:
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a. Upon acceptance of the study as complete by the Administrativt
Committee.
b. Automatically, upon the failure of any Party to pay its appropri
share of expenses within sixty (60) days of date of invoice.
10. Amendment. This Agreement may be amended at any time upon the wr
approval of all Parties to the Agreement.
11. Notices. Except where this agreement specifically provides otherwise,
notices to be sent to any Party shall be directed to the office of the City Manager o
Party, with copies to the City Managers of all Parties.
12. Counterparts. This Agreement may be executed in multiple counterpi
6--L--4 X
Date
CITY OF DEL MAR
By:
Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
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a. Upon acceptance of the study as complete by the Administrative committee.
b. Automatically, upon the failure of any Party to pay its appropria
share of expenses within sixty (60) days of date of invoice.
10. Amendment. This Agreement may be amended at any time upon the wri
approval of all Parties to the Agreement.
11. Notices. Except where this agreement specifically provides otherwise,
notices to be sent to any Party shall be directed to the office of the City Manager oj
Party, with copies to the City Managem of all Parties.
12. Counterparts. This Agreement may be executed in multiple Counterpi
ClTY OF CARISBAD
By: Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
CITYOFDFLMAR w-
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CITY OF ENCINITAS
By: I /B /97/ *9* Mayor ’
APPROVED AS TO FORM:
By:L -~-- - City Attorney
CITY OF ESCONDIDO
By:
Mayor Date
APPROVED AS TO FORM:
By: City Attorney
CITY OF OCEANSIDE
By:
Mayor Date
APPROVED AS TO FORM:
By: City Attorney
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CITY OF ENCNTffi
Date By: Mayor
APPROVED AS TO FORM:
By: City Attorney
i
7//s/s/
Date
1
ClTY OF OCEANSIDE
Date By:
Mayor
APPROVED ffi TO FORM:
By: City Attorney
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MUNICIPAL CORPORATION FORM
State of California) County of San Diego) 'si' I
, before me, the undersigned, State, personally ersonally known to me to b personally known to rporation that exec unicipal corporatio
therein named, and acknowledged to me that s-uch municipal
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CITY OF SOMA BEACH
By: Mayor Date
APPROVED AS TO FORM:
By: City Attorney
CITY OF VISTA
By: Mayor Date
APPROVED AS TO FORM:
By: City Attorney
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C3TY OF POWAY
Date gy: Mayor
APPROVED AS TO FORM:
By: City Attorney
&/A, I991
w Date
APPROVED As TO FORM:
By- Cily Attorney
QTY OF VISTA
Date By:
Mayor
APPROVED As TO FORM:
gy: CityAttomey
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CITY OF POWAY
By:
Mayor Date
APPROVED As TO FORM:
By: City Attorney
CITY OF SOLANA BEACH
By:
Mayor Date
APPROVED AS TO FORM:
By: City Attorney
APPROVED AS TO FORM:
, D>FornL?Wl’ A
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CITY OF ESCONDIDO
By: Mayor Date
APPROVED AS TO FORM:
By:
4
APPROVED AS T FORM:
By: &P-Ww City Attorney
CITY OF POWAY
By: Mayor Date
APPROVED AS TO FORM:
By:
City Attormy
CITY OF SOLANA BEACH
By: Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
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raye 0 v e d,
(1) - Poway mil pay 1B d it0 proponionuo shua bad on population b.uuw only 1/3 d my ia anfed by 8 North C4untY &nd
Poway'm population io 43,516. The &ow t&lo u1.0 8 popul.tiact d 14,s. 01 1R d tha totd POWktion. in dl cakuktronr
(2) - Contingency mot# haw been dl& to dl citieo on the bamim d popuktion.
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COST ALLOCATION FOR HILTON STUDY
(BASED ON 1990 CENSUS DATA)
I. Allocated among four cities:
To Share citV Population of cost Amount
Carlsbad 63,126 17.755% $1 4,026
Enchitas 55,386 15.578% $12,307
Escondido 108,635 30.555% $24,138
Oceanside -.- 128.398 - --.- 36.113% _--. --- $28.529
355,545 100.001% $79,000
11. Allocated among seven cities:
% Share c& Population of cost Amount
Carls bad 63,126 14.178% $11,200
Encinitas 55,386 12.440% $ 9,828
Escondido 108,635 24.399% $19,275
Oceanside 128,398 28.884% $22,784
Del Mar 4,860 1.092% $ 863
Solana Beach 12,962 2.911% $ 2,300
Vista 71,872 16.142% $12,750
445,239 100.046% $79,000