Res No. 23-18
09.19.2023
RESOLUTION NO. 23-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADBURY, CALIFORNIA, APPROVES THE DEMANDS & WARRANTS FOR PRE-RELEASED CHECKS No. 17681 THROUGH No. 17692 AND APPROVING DEMANDS & WARRANTS FOR REGULAR CHECKS No. 17708 THROUGH No. 17733.
The City Council of the City of Bradbury does hereby resolve as follows:
Section 1. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for payment from said demands in the amount of $1,640.14 (pre-released Checks) and $66,473.15 (regular Checks) on September 19, 2023 from the General Checking Account.
PRE-RELEASED CHECKS (due before City Council Meeting):
Check # Vendor & Invoice # Description Subtotals Totals 17681 Curo Managed Print
Inv. # 7035
Housing Element Copies for
Planning Commission review
Acct.
$75.32
17682 City Radius Maps
Project# 23482
Property Owner List
City of Bradbury
360.00
17686 City Radius Maps
Project# 23482
Property Owner List
2nd list 500 ft Radius
360.00
17687 Delta Dental
Inv#BE005660408
Dental Insurance - September
City Manager/Family
Acct. 101.12.5100
City Clerk – Jensen
Acct. 101.13.5100
$124.86
$40.74
$165.60
17688 Vision Service Plan
Statement# 818398869
Vision Insurance – September ‘23
City Manager (family)
Acct. 101.12.5100
City Clerk - Jensen
Acct. 101.13.5100
$61.07
$23.66
$84.73
17689 The Standard
08.01.2023
Basic Life and AD&D: August ‘23
City Manager
Acct. 101.12.5100
City Clerk
Acct. 101.13.5100
$9.65
$9.65
$19.30
Res No. 23-18
09.19.2023
17690 Cougar Mountain Software
Inv # 4509
One Hour Support
Acct: 101.14.6230
$225.00
17691 Frontier
Due 09.15.2023
Fire Alarm Line – 8/22/23-
9/21/23
Acct. 101.23.7420
$100.19
17692 HPC Computers USA
Inv# m232
Inv# m266
Printer Maintenance/Repair
July
August
Acct. 101.16.6250
$125.00
$125.00
250.00
TOTAL PRE-RELEASE CHECKS - $1,640.14
Check # Vendor & Invoice # Description Subtotals Totals 17708 US Bank
Cust# 224
Safekeeping Fees August ‘23
Acct. 101-14-7010
$33.00
17709 City of Monrovia
Inv. #2400364
Transportation Services 08/23
Acct: 204.40.7325
$704.07
17710 Pro Pet Inc.
Inv. # 143457
Doggie Waste Bags for Trails
Acct: 102.42.7630
297.60
17711 T-Mobile
Inv#975204096-25
Internet (Hot Spot) August ‘23
Acct. 113-20-8120
$74.00
17712 Team Logic IT
Inv. #8271
IT Battery replacement Dell LT
Acct. 113.20.8120
$219.00
17713 Team Logic IT
Inv. #8272
IT 8 Port Powered VGA Splitter
Acct. 113.20.8120
$54.75
17714 Team Logic IT
Inv #8289
IT Monthly Service – September ‘23.
Acct: 101.16.6230
$690.00
17715 Southern Calif Edison
Due 9.21.23
LS-1-ALLNITE (lights)
Acct. 200-48-6410
$1,104.18
17716 Petty Cash Bradbury Night Out Receipts
Bella Serra Restaurant Gift Card
Vons for Bottle Water
Smart Final-TP, P. Towels
Acct 101.11.6100
$50.00
$38.94
$51.46
$140.40
Res No. 23-18
09.19.2023
17717 Coverall
Inv.#1527150814
Office Cleaning – Sept. ‘23
Acct.101.16.6460
$394.00
17718 Kevin Kearney Monthly Cell Phone – Sept. ‘23
Acct. 101.12.6440
$75.00
17719
Priority Landscape
Inv# 15502
September 2023 Landscape
Services:
Bradbury Civic Center
Acct. 101-21-7020
Royal Oaks Drive North
Acct. 10 1-21-7015
Mount Olive Drive
Acct. 101-21-7035
Lemon Trail
Acct. 101-21-7045
232.01
446.16
597.33
156.32
$1,431.82
17720 Priority Landscape
Inv. # 15457
Move boulders from City Hall to ditch
on Mt. Olive with DG
Acct. 101.21.7035
$360.00
17721 VCA
Inv# 82811
Inv# 83003
Inv# 83272
Plan Check Services
4/2-4/29
4/30-5/27
Through 7/29
Acct. 101.20.7220
$6,031.49
$2,154.31
$1,137.30
$2,739.88
17722 VCA
Inv# 82961
Inv# 82384
Inv# 82834
Inv# 83465
Professional Fees Jim Kasama
Retainer 4/30-5/27
Acct 101.20.7210
Hourly Services
Acct 101.20.7240
Retainer 1/1-1/28
Acct. 101.20.7210
Retainer 4/2-4/29
Acct 101.20.7210
Retainer 7/30 – 8/26
Acct. 101.20.7210
Hourly Services
Acct 101.20.7240
$21,457.50
$3,900.00
$2,805.00
$3,900.00
$3,900.00
$3,900.00
$3,052.50
17723 Pasadena Humane
Society
Inv#AUG2023Bradbury
Animal Control August ‘23
Acct. 101-25-7000
$1,012.28
17724 LA County Sheriff Dept.
Inv.#240024EC
Law Enforcement July ‘23
Acct. 101-23-7410
$11,650.23
Res No. 23-18
09.19.2023
17725 Suresh Malkani
July 2023
Finance Director Pay - 23.75 hours
Acct. 101.14.5010
$2,151.66
17726 Area D
Inv # 2304
Disaster Management
FY 2023/24
Acct. 101.24.6030
$900.00
17727 Post Alarm Services
Inv # 1614339
City Hall Fire Alarm
September ‘23
Acct.101.23.7420
$132.92
17728 Diane Jensen Reimbursements
Stamps for two City Mailings
Acct: 101.16.6120
Home Depot BNO items
Black Duct Tape
Orange Buckets
Bug Spray
Acct 101.11.6100
Tax
Acct 101.00.1022
$660.00
$16.98
$13.44
$ 7.47
$ 3.88
$701.77
17729 Consensus
Inv. # 2732967
E-Fax September ‘23
Acct. 101.16.6230
$10.00
17730 Cougar Mountain
Inv. # 400765
Hour One-On-One Training
Acct. 101.12.6440
$250.00
17731 Kevin Kearney Mileage Reimbursement
586.2 miles @ .655 cents/mile
Area D Mtg San Dimas
RT Seminar Carlsbad
League of Cities Mtg Long Beach
LASD Temple Station Mtg El Monte
JPIA Mtg La Palma
Driving around City
Acct. 101.12.6050
$383.96
Res No. 23-18
09.19.2023
17732 US Bank Visa August Statement 2023
CC Kevin Kearney
Zoom Virtual Meetings
Acct 113.20.8120
Municipal Management Membership
Acct. 101.16.6020
USPS stamps
Acct. 101.16.6120
CC Mario Flores
Shaffer Awards – Claudia Plaque
Acct. 101.11.6100
CC Sophia Musa (canceling card)
Broadvoice CH Telephone July ‘23
Acct. 101.16.6440
CC Diane Jensen
99 Cent Store Decorations BNO
Acct. 101.11.6100
Smart Final – TP, Paper Towels
Acct. 101.16.6450
Claro’s Deli – BNO Gift Baskets
Acct. 101.11.6100
Municipal Mgmt. –Mario Membership
Acct 101.16.6020
Broadvoice CH Telephone Aug ‘23
Acct. 101.16.6440
American Water – Gardi Street
American Water – 2410 Mt. Olive
American Water – 301 Mt. Olive
Acct. 200.48.6400
Amazon – Bankers Boxes
Acct. 101.16.6460
$49.00
(-$125.00)
$202.30
$78.20
$205.12
$68.60
$41.87
$132.30
$90.00
$205.44
$87.19
$81.69
$211.19
$39.39
$1,367.29
$126.30
$78.20
$205.12
$957.67
17733 Jones and Mayer
04.11.2023
Retainer Fees – includes up to 12 hrs.
Acct. 101.15.7020
Total 1901 Royal Oaks
Acct.103.00.2040
Total Code Enforcement
Acct.101.15.7450
Total Grow Monrovia
Acct. 101.15.7070
Total Lemon Trail
Acct.101.15.7070
Total Zoning/General Plan Hours
Acct. 101.15.7070
$3,000.00
$2,925.00
$313.50
$2,878.50
$ 57.00
$6,384.00
$15,558.00
TOTAL REGULAR CHECKS: $66,473.15
Res No. 23-18
09.19.2023
Section 2. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for payroll from said demands in the amount of $19,379.79 (EFT payroll payments) on September 19, 2023 from the General Checking Account.
DIRECT DEPOSIT – PAYROLL
SEPTEMBER 2023
ACH Kevin Kearney
City Manager
Salary
Acct. 101.12.5010
Withholdings
Acct. 101.00.2011
$18,533.33
-$4,250.37
$11,582.96
ACH Diane Jensen
City Clerk
Salary
Acct. 101.13.5010
Withholdings
Acct. 101.00.2011
PERS Pepra
Acct: 101.13.5100
$6,145.83
-$1,581.67
-$476.30
$4,087.86
ACH Mario Flores
M. Analyst
Salary
Acct. 101.16.5010
Withholdings
Acct. 101.00.2011
PERS Pepra
Acct: 101.16.5100
$5,416.66
-$1,287.89
-$419.80
$3,708.97
TOTAL PAYROLL: $19,379.79
Res No. 23-18
09.19.2023
Section 3. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for benefits and withholding payments from said demands in the amount of $2,013.43 (EFT utility payments) on September 19, 2023 from the General Checking Account.
ELECTRONIC FUND TRANSFER (EFT)
UTILITIES
SEPTEMBER 2023
EFT
Due 9.11.23
Southern Calif. Edison
Acct: 8004395919
2298 Gardi Street
Acct. 200-48.6400
$44.68
EFT
Due 9.11.23
Southern Calif. Edison
Acct: 8001919708
600 Winston City Hall
Acct. 101-16-6400
$708.49
EFT
Due 09.08.23
Charter Communications
Inv. #0101050082323
Spectrum Internet Sept ‘23
Acct. 101.16.6230
$169.98
EFT
Due 09.29.23
American Water City Hall
101.16.6400
$289.82
EFT
Due 09.29.23
American Water 1775 Woodlyn Lane
200.48.6400
$785.05
EFT
09.08.23 So. Calif. Gas
Due 9.13.23
600 Winston Ave. Sept ‘23
Acct. 101.16.6400
$15.41
TOTAL EFT: $2,013.43
Res No. 23-18
09.19.2023
Section 4. That the demands as set forth hereinafter are approved and warrants authorized to be drawn for benefits and withholding payments from said demands in the amount of $16,291.63 (EFT benefit payments) on September 19, 2023 from the General Checking Account.
EFT EDD September ‘23
State Tax
SDI
Acct. 101.00.2011
$1,401.72
$246.56
$1,648.28
EFT PERS Sept. 2023
City Manager - Kearney
Acct. 101.12.5100
City Clerk - Jensen
Acct. 101.13.5100
M. Analyst - Flores
Acct. 101.16.5100
$2,707.50
$948.30
$835.80
$4,491.60
EFT AETNA Health Insurance Sept. ‘23
City Manager - Kearney
Acct. 101.12.5100
City Clerk - Jensen
Acct. 101.13.5100
$1,784.23
$954.49
$2,738.72
EFT IRS Sept. 2023
Federal Tax Withholdings
S. Security (employee)
S. Security (City)
Medicare (Employee)
Medicare (City)
Acct. 101-00-2011
$3,529.85
$1,544.57
$1,544.57
$397.23
$397.23
$7,413.03
TOTAL EFT BENEFITS - $16,291.63
Res No. 23-18
09.19.2023
RICHARD G. BARAKAT, MAYOR
CITY OF BRADBURY
ATTEST:
"I, Diane Jensen, City Clerk, hereby certify that the foregoing Resolution, being Resolution No. 23-18, was duly adopted by the City Council of the City of Bradbury, California, at a regular meeting held on the 19th day of September 2023 by the following roll call vote:"
AYES:
NOES:
ABSENT:
DIANE JENSEN, CITY CLERK
CITY OF BRADBURY
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
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 3 Printed on Recycled-Content Paper
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 regionwide 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 8 Printed on Recycled-Content Paper
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 11 Printed on Recycled-Content Paper
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 12 Printed on Recycled-Content Paper
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 15 Printed on Recycled-Content Paper
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 17 Printed on Recycled-Content Paper
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
[email protected]
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 19 Printed on Recycled-Content Paper
than the Parties hereto.
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