HomeMy WebLinkAbout1992-05-19; City Council; 11696; JOINT POWERS AUTHORITY FOR SOLID WASTE ISSUES CITIES OF ESCONDIDO AND OCEANSIDE1
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solid waste disposal in the county. The TAC and the CCMA have researched the issues
and developed information concerning potential institutional arrangements and the
of Supervisors scheduled for May 20, 1992.
Concurrent with the efforts of the TAC and CCMA, the Cities of Carlsbad, Escondido,
and Oceanside have been considering the possibility of forming a joint powers authority
(JPA) to cooperatively address alternatives to the County system. Staff of the Coalition
cities have developed an agreement for consideration by north county cities. The
proposed JPA, to be known as the "North County Solid Waste Management Agency"
(Agency), would assume all responsibilities authorized by the California Integrated
Waste Management Act of 1989 (AB 939). Specifically, the Agency would site, acquire,
construct, maintain and operate facilities for the recycling, processing, transporting, and
handling of solid waste; and provide for Local Enforcement Agency services.
CCMA has prepared an issue paper for the Solid Waste Summit meeting with the Board
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. I PAGE 2 OF AB# ~~t~~
City staff, while participating in the preparation of the proposed JPA, has several
concerns about the proposal. Staff agrees that a JPA would be an appropriate means
for the cities to focus their efforts to cooperatively develop alternatives to the County
system. However, staff is concerned that the JPA is recommended for formation before
the mission of the organization has been determined. Formation of such an entity
should not be lightly taken, since creation of a new governmental agency would subject
the members to all the procedures and requirements of a governmental agency, such
as: financial disclosure, conflict of interest, and the Brown Act. Formation of the JPA
prior to a mission being determined may create a public expectation that cannot be met
in the near term.
The City Council is presented with two options. Should the City Council select
Recommendation One, the Joint Powers Authority would proceed with formation. The
City Council would select and appoint a representative and alternate to serve on the
Board, and the Board would begin developing a mission, and goals and objectives.
Should the City Council select Recommendation Two, staff would continue to work on
the JPA concept with the other north county cities, and return to Council with a
mission statement and goals and objectives and formal approval of the JPA.
FISCAL IMPACT:
Membership in the North County Solid Waste Management Agency will require an
unknown amount of staff time. The fiscal impact on the City is unknown until specific programs are undertaken and financing for those programs identified. It should be
possible to finance program costs from user fees.
EXHIBITS:
1. Resolution No. ctZ*l3P
2.
3.
North County Solid Waste Management Agency Summary
Draft Joint Exercise of Powers Agreement for the North County Solid Waste
Management Agency
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RESOLUTION NO. 92-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLBAD, CALIFORNIA APPROVING AND AUTHORIZING
EXECUTION OF A JOINT EXERCISE OF POWERS
AGREEMENT FOR THE NORTH COUNTY SOLID WASTE
MANAGEMENT AGENCY
WHEREAS, the City of Carlsbad seeks innovative and progressive
approaches to solid waste management; and
WHEREAS, a joint powers authority with other cities would most
effectively be able to address solid waste management alternatives;
WHEREAS, the cities of Escondido and Oceanside are desirous of forming -.
a joint powers authority with the City of Carlsbad;for-&'pyrpose; '\
NOW, THEREFORE, BE IT RESOLVED, by,the City Council of the City of '\
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\ Carlsbad as f&lows:
1. \, The above recitations are true and correct.
2.
'? khat the Joint Exercise of Powers Agreement as attached hereto as
Exhibit A is hp-eby approved.
That the City 'Manager is hereby authorized to execute the Joint
Exercise of Powers Agreement on behalf of the City.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of
, 1992, by Carlsbad at its regular meeting held on the
the following vote, to wit:
day of
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
Y \
ALETHA L. RAUTENKEWNZ, City Clerk
(SEAL)
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SUMMARY
NORTH COUNTY SOLID WASTE MANAGEMENT AGENCY
The proposed JPA, to be known as the "North County Solid Waste Management Agency"
(Agency), would assume all responsibilities authorized by the California Integrated
Waste Management Act of 1989 (AB 939). Specifically, the Agency would site, acquire,
construct, maintain and operate facilities for the recycling, processing, transporting, and
handling of solid waste; and provide for Local Enforcement Agency services.
The Agency shall have all powers necessary to perform its duties, except the power to
tax. These include, but are not limited to, the power to make and enter into contracts,
to employ agents and employees and to contract for professional services, and to sue
and be sued in its own name.
The proposed agency will initially be comprised of representatives from Carlsbad,
Escondido, and Oceanside. Each City shall appoint a representative and an alternate
to serve on the Board of Directors (Board). Each representative shall have one vote.
Other public agencies within San Diego County can become member agencies upon 2/3
vote of the Board.
All costs of operation of the Agency shall be funded from:
a.
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Revenues from fees and charges for the use of and disposaVprocessing of solid
waste in any facilities owned and operated by the Agency, or fees and charges
from services provided by the Agency;
Grant funds received from the California Integrated Waste Management Board,
the Environmental Protection Agency or from any other state, federal or local
agencies; and
Funds from the sale of revenue bonds issued by the Agency.
b.
c.
All property acquired or constructed by the Agency shall be held in the name of the
Agency for the benefit of its members.
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JOINT IIJXERCW OF PClWRWGRT
lxaxrHE m COUNTY SOLD- MENT 4G ENCY
THIS AGREEMENT is mads and entered in@ by and between thost certain public agencies
(hereinafter "eligible public agencies" or "mmbN8"), which have duly authorized execution, pursuant
to resolution or ordinance, a counterpart hereof, a$ follows:
ARTICLE 1. RECITALS
1.01. -of Pam a Each of the parties -to is a public agency duly authorized and
empowwed by law to contract for the joint exeru=lse of powers under Article 1, Chapter 5, Division 7,
Title 1 of the Govemment Code of the State of California (886500 et seq.), and the parties hereto further
have the independent authority and therefore possess the common power and authorization to provide
and conduct functions identified in the California Integrated Waste Management Act (AB939, or "the
Act"), including but not limited EO acquisition, construction, malntenmce and operation of facilities and
services for mycling, processing, transporting, and handling of solid waste, including solid waste
facilities, provision of household hazardous waste programs, compost facilities, and the requisite
services for an enfmement agency conducdng m enforcement program.
ARTICLE 2, CREATION OF AGENCY
2.01. v . In cbdderatim of the mutual promises artd covenants contained
herein, there is hereby created by agreement of the parties hereto, a Joint Powers Agency, with the
powers and authority as hereinafter set forthJ
2-02, -of m. The Joint Powers Agency created hemby shall be known 85 and desig-
nated the "North County Solid Waste Management Agency," hereinafter referred to 88 the "Agency."
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2,03. -. The purpose of this Agmement is to take any and & appropriate actions pUrsuiWt
to the Cdifornia Integnt8d Waste Management Act to safely and efficiently hmde solid waste in the
combined jurisdictions of the eligible public agencies, including acquisition, planning, design,
construction and operation of regional ur subregional solid waste disposal facilities, promoting
recycling, package regulations and similar waste reduction measures, prov&ion of howhold hazardous
waste programs, and providing necessary control Services such as local enforcement agency functions
under the Act, for the area of North San Diego County, California
2.04, -. The Agency shd have all powers necessary to carry out the purpose of this
Agreement, except the power to tax. The Agency shall have the power, in its own name, to do any and
all of the following:
a To make and enter into contracts;
b, To employ agents and employees and to contract far professional services;
c. To acquire, convey, construct, mmge, maintain and operate buildings, works and improvements;
d. To acquire, hold and convey real and personal property;
e. To sue and be sued in its own name;
f. To incur debts, liabilities and obligations;
g. To issue bonds, notes, warrants and other evidences of indebtedness to fhance costs and expenses incidental to the projects of the Agency;
h. To apply for and exacute appropriate grants or contracts of financial assistme from state
and federal agencies;
i, To issue revenue bonds in accordance with the State of Callfbinia staflltes more
specifically Set forth in hticle 5, paragraph 5.01 hereinbelow.
j. To exercise the power of eminent domain and condemn any real property necessary to carry out the objects or purposes of the Agency; and
k. To the exteat not herein specMcally provided for, to exercise any and all others powers common to the parties hereto,
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2.03. -. The purpose of this Apement is to take any and all appropriate actions pursuant
to the Califonria Inmpted Waste Management Act to safely and efficiently handle solid waste in the
combined jurisdictions of the cligibb pub& agencies, inciuding acquisition, planning, design,
construction and operation of regional or subregional sorid we disposal fhcilides, promoting
recycling, package regulations and similar waste reduction measures, pmvhion of household hazardous
waste programs, and providing necessary control smhs 6uch as local enforcement agency functions
under the Act, far the area of North San Diego County, Califantia.
2.04. m. The Agency shall have all powws nccc858Ty to carry out the purpose of this
Agreement, except the power to tax, The Agency shall have the power, in its own name, to do any and
all of the following:
a.
b,
c.
d.
e.
f.
g.
h.
i.
j.
k.
To make and ener into contracts;
To employ agents arrd empioyees and to contract far professional services;
To acquire, convey, construct, manage, maintain and operate buildings, works and
impzovements;
To acquire, hold and convey real and personal property;
To sue and be sued in its own name:
To incur debts, SiabUies and obligations;
To issue bonds, notes, warrants and othw evidences of indeb&dness to finance costs and expenses incidental to the projects of the Agency;
To apply for and execute appropriate grants or contracts of financial assistance from state and federal agencies;
To issue mvenue bonds in accordance with the State of Califda statutes more specificatly set forth in Article 5, paragraph 5.01 hereinbtlow.
To exercise the power of eminent domain and condemn any real praperty necessary to carry out the objects or purposes of the Agency; and
To the extent not hcrein specifically provided for, to exercise any and all others powers common to the parties hweto.
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To the extent not otherwis herein specificdly provided for, the foregoing powers shall be
exercised by the Agency in the manner and according to the methods provided in the laws applicable to
exercise of joint powers by public agencies (Government Code $6500 et. seq.) and this Agreement.
2.05. - ' . The Agency created hereby is a public endty duly formed and
existing under the laws of the Statt! of CWornia, and is B legal entity separate and distinct from its
member entities, the parties hereto. The debts, duties and obligations are those of the Agency and not
those o€ its officers, employees, Board of Directors or the member agencies,
2.06, - ' . The members of the Agency at its inception include:
a. The City of Carlsbad
b. The City of Esccsndido
c, The City of Owanside
The above agencies shall become a party hereto and a member of the Agency upon execution of
this agreement and any written addenda, amendment or supplement thereto which has been adopted by
each eligible public agency.
Other public agencies within Sm Diego Counw are eligible €or membership, including the
County of San Diego. The Agency may approve membership of ather public agencies at any time, by a
two-thirds (Y3) vote of the Board of Directors at a regular meeting of the Board and upon such terms
and conditions as the Agency may prescribe. Membership of the Agency shall be limited to public
agencies within San Diego County.
2.0'7, n , Unless otherwise determined by the Board of Directors,
Agency services will be rendered only to areas within its boundaries. The boundary is intended to
encompass the entire area of San Wgo County.
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2.08. - . The board of Directors of th8 Agency, by B two-thfrds (2/3) YO&,
may from time EO time approve and permit ex officio membership in the Agency. Such ex officio
members shall not be entitled to vote on Agency matters. Any references Mein to a "member" of the
Agency, shall, unless apecifidIy designated otherwise, refer only to 8 regular voting member of the
Agency, and not to an ex officio, nonvoting member.
ARTICLE 3, ORGANIZATION
3,OL gaard nf Dhcm, 'Ile powers of the Agency shall be vested in and exercised by and
through its govenring body, known as the Board of Directors. The Board of Directors shall be
composed af one representative from each member agency. Each member agency shall appoint one
regular member and one atternate member tu the Board of Directors and shall notify the Agency in
writing of their appointments or any change of representative. The representative shall be either an
elected official or an offlcer or employee of the member agency, and shall serve solely at the pleasure of
the governing body of the appointing member agency. All vacancies in the Board shall be filled in the
same manner BS the original appointment.
3.02. m. "he Board shall establish a time, place and date for its regular meetings.
Regular meetings may be adjourned from time to time. Special meetings may be called by the
Chairman of the Board or by 8 majority of the members of the Board.
3.03. Qumm. A majority of the members of the Board of Directors shall constitute a quorum
for the transaction of Agency business.
3.04. &ti@. Except BS specifically otherwise provided herein, the vote of a majority of the
members of the Board of Directors present at any regular, adjourned or special meeting shall be
sufficient to pass and act upon any matter properly before the Agency, and each member of the Board
shall have one vote,
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2.08. - . The board of Dfrectors of the Agency, by a two-thirds (2/3) vote,
nay from time to time approve and permit ex officio membership in the Agency. Such ex officio
members shall not be entitled to vote on Agency mattem, Any references herein to 8 "member" of the
Agency, shall, unless specifically designated otherwise, refer only to 8 rclgular voting member of the
Agency, and not to an ex officio, nonvoting member.
ARTICLE 3, ORGANIZATION
3.01. -. The powers of the Agency shall be vested in and exercised by and
through its governing body, known as the Board of Directors. The Board of Directors shall be
composed of one repmentative from each member agency, Each member agency shall appoint one
regular member and one alternate member to the Board of Directors and shall notify the Agency in
writing of their appointments or any change of representative, The repmentathe shflll bo either an
elected ofiQal or an officer or employee of the member agency, and sfiall serve solely at the pleasure of
the governing body of the appointing member agency. All vacancies in the Board shaIl be filled in the
same manner as the original appohtmen~
3.02. m. The Board shall establish a the, place and date for its regular meetings.
Regular meetings may be adjourned from time to time. Special meetings may be called by the
Chairman of the Board or by a majority of the members of the Board.
3.03. oubnrm. A majority of the members of the Board of Directors shall constitute a quorum
for the transaction of Agency business.
3.04. m. Except as specifically otherwise provided herein, the vote of a majority of the
members of the Board of Directors present at any reg&, adjourned or specid meeting shall be
sufficient to pass and act upon any matter properly before the Agency, and cach member of the Board
shall have one vote.
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No action can be taken by the Agency Board to estabbh, incw or increase the financial
obligation of liability of any member of tha Agency without the unanimous vote of the Board members
and the express ratification thereof by the Iegislative or govemtrg body of each member entity whose
financial obligation is 80 established or increasad.
3.05. officers. Them shall be selected from the membership o€ th0 Board of Directors a
chairman, a vice-chairman, who shall act in the absence of the chairman, and if the Agency has no
manager BS pmvidtd for in Section 3.06 hereinbelow, a secretary, and such other officers 89 the Board
may deem necessary, At the fit meeting of the agency, and pursuant to Government Code $6505.5, a
treasurer shall be selected. The City *pmentcd by the tre8sm shall be the depository and have
custody of all money of the Agenoy hm whatever source, Said treasurer shall have the powers and
dudes as s8t forth in said #6SOS.O, and the treasurer's City shall be compensated for said services. The
finance director of the City, designated ai treasm, shall be auditor-controller of the Agency, and shall
draw all warrants and pay demands against the Agency approved by the Agency Board or manager. The
treasurer and auditm-controller hereby designated may be changed by consent of all Board members,
All officers shall serve for a term of one year from the date of their &ctian or until their successors are
elected. The chairman and vice-chairman are authorized to execute all documents in the name of the
Agency, and the secretary is authorized to mest to the same.
3.06. 1, The Board may employ a manager and such other
employees and assistance as may be appropdate, Should the Board employ or appoint a manager, he
shdl be the chief ttdmirrfstrative officer and shall wume such other duties and responsibilities as the
Board may direct. The manager shall also serve BS secretary to the Agency and shall have the power to
certify Agency docmefib, as rcquimd by law. The manager and all other employees shall serve at the
pleaswe of the Board.
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3,07. - ' . All meetings of the Board shall be open to the public and shall be called,
noticed, held and conducted in accordance with the provisions of the Ralph Me Brown Act, being
sections 54950 et. seq, of the California Government Code.
3.08. u. The Board may adopt from time to time such rules and mgulations for the conduct
of its affairs as may be required.
ARTICLE 4. FINANCIAL PROVISIONS
4.01, w of - ' . All costs of operation of the Agency shall be received from:
a. Revenues from fees and charges for the use of and disposaVprocesSing of solid waste in
any facilities owned and operated by the Agency, or fkes and charges from services provided by the Agency;
Grant funds received &om the California Integrated Waste Management Bsard, the Environmental Protection Agency or from my other state, federal, or local agencies; and
Funds from the sale of revenue bonds issued by the agency.
b,
c.
4.02. v 1 The Agency shall have no power to incur any indebtedness, nor to
enter into any contract, which may be a charge payable by any member hereunder, without the express
consent of the governing body of such member. The Agency shall have no power to borrow money or
issue bonds which will be in any way a charge or lien on any member or any member's property.
4.03. &&&Uy of Member . No member shall be liable fur any indebwdness of the Agency
except that which is expressly conmnted to by its governing body. All patsons dealing with the Agency
shall be hereby notified that no member shall be liable for the debts of Ehe Agency,
4.04, vMembers, If determined by the Agency Board to be appropriate under the
circumstances, members who join the Agency after money, property, or services shall have been
contributed by existing members, may be required to reimburse the Agency the amount or value
existing members have contributed which would be in excess of its chargeable share hereunder,
including administrative and financing costs, had the new member bem a member from the effective
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3.07, - . All meetings of the Board shall be open to the pubiic and shall be called,
noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, being
mctions 54950 et. seq, of the California Government Code.
3.08. w. The Board may adopt from time to he such rules and =@ations for the conduct
of its affairs as may be required.
ARTICLE 4. FINANCIAL PROVIS'IONS
4.01. - ' All costs of operation of the Agency shall be received from:
a. Revenues from fees and charges for the use of and disposaVpracesSing of solid waste in
any facilities owned and operated by the Agency, or fees and charges from services provided by the Agency:
Grant funds received from the California htegfated Waste Management Bcrard, the EnviKtnrnentaI Protection Agency or from any other state, federal, or local agencies; and
Funds from the sale of revenue bonds issued by the agency.
b.
c,
4.02. w The Agency shall have no power to incur any indebtedness, nor to
enter into any contract, which may be a charge payable by any member hereunder, without tbe express
consent of the governing body of such member, The Agency sha have no power to borrow money or
issue bonds which will be in any way a charge or lien on any member or any member's property.
4.03. - . No member shall be liable for any indebtedness of the Agency
except that which is expressly consented to by its governing body. AU peicsons dealing with the Agency
shaU be heEby notified that no member shall be Uable for the debts of the Agency,
4.04. 7. If determined by the Agency Board to be appropriate under the
circumstances, members who join the Agency after money, property, or services shall have been
contributed by existing members, may be Eqdred to nimburse the Agency the amount or value
existing members have contributcd which would be in excess of its chargeable share hereunder,
including administrative and financing costs, had the new member bdsn o member from the effective
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date of this Agmcment. The Agency's calculation under thh section shall be conclusive, and any
reimbursemafit required hereunder shall be a condition to membmhip.
4.05, N-u, The Agency shall have no power to raise money by taxathn or
assessment,
4.06. &GLYw . The fiscal year of the Agency shall be from July 1 to June 30, following,
4.07. - . Full books and gtccounts shall be maintained for the Agency in
accordance with practices established by or consistent with those utilized by the Controller of the State
of California for like public agencies (see Government Code 826909). In particular, the controller md
treasurer of the Agency shall comply strictly with the requirements of the statutes governing joint
powers agencies 85 $et forth in Artidle 1, Chapter 5, Division 7, "Me 1 of the C3avmment Code
(#6500 et, seq.).
4.08. &&, The auditor or controller of the Agency shall cause the accounts and =cords of the
Agency to be audited annually in accordance with the provisions of California Chwnment Code
i6506, and copies of such audit report shall be filed with the San Diego County Auditor and each
member of the Agency within six (6) months of the end of the fiscal year under examination,
4.09, Qf&UW& . The manager and such other employees or agents as the Board may direct
shall fire an official band in the amount determined by the Board. The cost of said bond($) shall be
borne by the Agency.
ARmCLE 5, BOND FINANCING
5.01. Revenue Bonds. The Agency shall have the power and authority to issue and sell revenue
bonds in accozdance with the pcicedms and requirements set forth in:
a, Article 2, Chapter 5, Division 7, Title 1 of the California Government Code, commencing with 86540;
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b. Chapter 6, Division 2, Title 5 of the Califonria Government Code, commencing with
454300:
Chapter 5, Part 3, Division 5 of the California Health and Safety Code, commencing with
84950; and
Any other thewapplicable law regatding or permitting the issumce of mvenue bonds by a
joint powen agency.
c.
d.
ARTICLE 6. PROPERTY RIGHTS
a All facilities, assets and property acquired or consmcbd by the Agency 6.01. -
shall be held in the name of the Agency for the benefit of its members in accordance with the terms of
the Agreement,
a,.
. Upon tenninatim of this Agreement and 6.02. Transfer!= Upon f')issolution
dissolution of the Agency as hereinafter provided far in paragraph 7.02, the facilities, assets and
property of the Agency shall be transferred and conveyed to the County of San Diego or to such other
successor entity as may be created hereafter by the members of the Agency, to own and operate the
regional solid w8sb XandFiIl facility contemplated by the Agreement for the benefit of all lands and
inhabitants within the boundaries of the Agency.
I.
ARTICLE 7, MISCELLANEOUS PROVISIONS
7.01. Effective. Thia Awement shall become effective and the Agancy shall be created
when the governing bodies of all of the eligible agencies listed in paragraph 2.06 hereinabove shall have
authorized execution of this Agreement.
7,02, - ' . This Agreement may be terminated and the Agency dissolved by a two-
thirds (V3) vote of the Board of Directors, ratified by two-thirds (2/3) of the member agencies;
provided, however, that there shall be no termination and dissolution until any and all revenue bond
debt incurred by the Agency for the construction or acquisition of facilities has been fully amortized and
returned or such debt is refinanced by another successor entity.
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b. Chapter 6, Division 2, Title 5 of the California Government Code, commencing with
854300;
Chapter 5, Part 3, Division 5 of the California Health and Safety Code, commencing with
84950; and
Any other then-applicable law regarding or pmitting the issuance of mvenuc bonds by a joint powers agency.
c.
d.
ARTICLE 6. PROPERTY RIGHTS
* All facilities, assets and property acquired or constructed by &he Agency 6.01, -
shall be held in the name of the Agency far tbe benefit of its members in rtccordance with the terms of
the Agreement,
I.*
. Upon termination of this Agreement and 6.02. Transfers U-
dissolution of the Agency as hereinafter provided for in parapph 7.02, the facilities, assets and
property of the Agency shall be transferfed and conveyed to the County of San Diego or to such other
successor entity as may be created hereafter by the members of the Agency, to own and operate the
regional solid waste landfill facility contemplated by the Agreement far the benefit of all lands and
inhabitants within the boundaries of the Agency.
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ART'ICLE 7, MISCELLANEOUS PROVISIONS
7.01. -the D&. This Agreement shall become effective and the Agency shall be created
when the governing bo&$ of all of the eligible agencies listed in paragraph 2.06 hereinabove shall have
authorized execution of this Agreement.
7.02. - ' . This Agreement may be terminated and the Agency dissolved by B two-
thirds (2/3) vote of the Board of l%recton, ratified by two-third8 (2/3) of the member agencies;
provided, however, that there shall be no termination and dissofution until any and aU mvenue bond
debt incurred by the Asency for W construction or acquisition of facilities has been fully amortized and
returned or such debt is refinanced by another successor entity.
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7.03. - ' ' . Throughaut the tmn of this Agreement the Agency shall
maintain in force a cornpnhcnslve general and automobile liability insutance policy or policies, with
minimum coverage of $1. million, insuring the Agency, its employees and agents, from any loss,
liability or cldms arising out of or in any way connected with this Agreement or the operation of the
Agency. In addition, in contemplation of the provisions of Government Code g895.2, imposing ceM
tort liability upon public entities which ace parties to a joint powers agreement, such policies shall &io
natne all parties to this Agreement as additional insureds, with such hsurmce coverage to be construed
85 primary insurance, and shall further provide that thirty (30) days' written notice be given to aU
additional insureds of cancellation or nonrenewal of said policies.
7.04. -. If a dispute arises as to the construction, hkrpmtation or implementation of
any provision of this Agrement, the issues in dispute or matter requiring action shall be submitted to
binding arbitration, For such purpose, ~u1 agreed arbitrator shall be selected by aU members of the
Board, or in the absence of such an agreement, the Board by majority vote shall select ein arbitrator and
the member or members in dissent shall select another arbitrator and the two arbitrators so selected shall
select a third arbitrator, The arbitrator or the three arbitrators acting 86 B panel, as the cue may be, shdl
proceed to arbitrate the matter in accordance with the provisions of Title 9, Part 3, of the California
Code of Civil Pmcedure.
7.05. -. All notices, statements, demands, requests, consents, approvals, authorizations,
agreements, appointments or designations hereunder shall be given in wrfttrg and address to the
principal office of each member of the Agency.
7.06, Sever&&$y ' ' If any one or more of the terms, provisions, promises, covenants or
conditions of this Agreement, or of the application thereof to any member agency or circwnstance, shall
to my extent be adjudged invalid, unenforceable, void or voidable for any reawn whatsoever by a court
competent jurisdiction, each and all of the remaining terms, provisions, promisees, covenants and
conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the
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fullest extent permitted by law. Each of the parcies hereto hereby declares that it would have entered
into this Agreement, and each mu, provision, promise, covenant and condition thereof, irrespective of
the fact that one or mom tams, provisions, promises, covenants, or conditions, or the application
thereof to any member agency or chumstance, be held invalid, unenforcaable, void or vaidabk,
7.07. -. This Agreement may not b8 amended without the consent of all existing
members of th Agency wt the he of amendment,
7.08. m. This Agreement shall be binding upon and shall inure to the benefit of the
successors of the parties hareto.
7.09. -. The parties hereto shall not assign any rights or obligations under this
Agreement without the written consent of all other pardes.
7.10, Additional noc- e The parties hereto agree upon request to execute, acknowledge
and deliver ail additional papers and documents necessary or desirable to cany out the intent of this
Agreement,
7J1. -. Caption of the articles, sections and paragraphs of this Agreement are for
convenience and refenme only and are not intended to define or limit the scope of any provisions
contained herein.
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0 0
fullest extent permitted by law. Each of the parties hereto hereby declares that it would have entered
into this Agreement, and each fum, provision, promise, covenant and condition thereof, irrespective of
the fact that one OT mom tenns, provisions, promises, covenants, or conditions, QT the application
thereof to any member agency or circumstance, be held invalid, unenforceable, void or voidable,
7.07, -. This Agreement may not be amended without the consent of all existing
members of th Agency at the dme of amendment,
7.08. u. This Agreement shall be bfnding upon and shall inure to the benefit of the
succfssors of the partiw hereto,
7.09. - The parties hereto shall not assign any rights or obligations under this
Agreement without the written consent of all other parties.
7.10. - nom * The parties hereto agree upon quest to execute, acknowledge
and deliver all additional papers and documents necessary or desirable to c~ny out the intent of this
Agreement.
7J1. -. Caption of the articles, sections and paragraphs of this Agreement are for
convenience and reference only and are not intended to define or Wit the scope of any provisions
contained herein.
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I 9 7
IN WITNESS WHEREOF, the patties hereto, by and through their respective duly authcrdzed
repraentatives, have executed this Joint Exerch of Powers Agreement for the Solid Waste Landfill
Control Agency on the date so Indicated.
NPROVBD AS TO FORM:
CllY OF CARLSBAD
City Attorney
AWST: Dated City Clerk
CITY OF ESCONDIDO
City Attorney
A'ITEST, 1) Dated: City Clerk
CITY OF OCEANSIDE
.. City Attorney
ATTEST: Dated
City Clerk
CMP0428- 18
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