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1 MEMORANDUM OF AGREEMENT TO REPRESENT ORANGE COUNTY
21 CITIES OF THE REGIONAL HAZARDOUS WASTE JOINT POWERS AUTHORITY
31
4 THIS MEMORANDUM OF AGREEMENT is entered into by and
5 between the undersigned cities in -ORANGE COUNTY (hereinafter
6 referred to as "CITIES") on , 1986, to provide for
7 joint representation in the REGIONAL HAZARDOUS WASTE JOINT POWERS
g AUTHORITY (herein 'the AUTHORITY").
9 1. AGREEMENT.
10 CITIES agree to create an Orange County Cities' Committee
11 on Hazardous Waste Control (herein "the COMMITTEE") in order to
12 provide for joint representation of CITIES on the AUTHORITY. Each
13 city signing this Agreement shall thereby become a member of the
14 COMMITTEE and shall choose one representative to participate on
15 its behalf in COMMITTEE meetings. No debt, liability, or
16 obligation of the COMMITTEE shall constitute a debt, liability, or
17 obligation of any member city, and each party's obligation
18 'hereunder is expressly limited only to the appropriation and
19 contribution of such funds as the parties hereto may agree to and
20 direct in accordance with this Agreement.
21 2. SELECTION OF THE REPRESENTATIVE.
22 a. The COMMITTEE shall select one of its members to
23 represent the COMMITTEE on the AUTHORITY.
24 b. The COMMITTEE shall also select an alternate
25 representative.
26 C. Nominations for the representative and alternate may
27 be made by any member of the COMMITTEE.
28 //
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d. The representative and alternate shall be elected by
a majority vote of those members present at the meeting at which
the election is held.
e. Each member of the COMMITTEE shall have one vote
towards the selection of the representative and alternate.
f. Robert's Rules of Order shall apply when the
selection of the representative and alternate is made and in the
conduct of the COMMITTEE's business.
g. The individual who is selected to represent the
COMMITTEE shall be an elected official from one of the
participating CITIES who is concerned and interested in the
subject of hazardous waste control.
h. The members of the COMMITTEE shall develop such
by-laws for the conduct of their business as they deem appropriate
3. MEETINGS.
The COMMITTEE shall meet a minimum of four (4) times per
year, or more if needed, to provide policy direction to the
representative. The time and place of the next meeting shall be
determined by the members. Such meeting may be held prior to
Orange County League of Cities Meetings.
4. TERM OF REPRESENTATIVE.
a. The selected representative and alternate shall
continue to represent the interests of the COMMITTEE for two
years; provided, however, that the term may end earlier if the
selected representative loses his or her elected status or as
provided in the following subparagraph.
b. The representative may be removed by a two-thirds
majority vote of those CITIES present at the meeting.
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5. DUTIES OF REPRESENTATIVE.
The representative shall regularly attend the meetings of
the AUTHORITY. The representative shall make quarterly reports to
the COMMITTEE at the time of its meetings as to the AUTHORITY's
actions and other matters concerning the representation of the
COi,MITTEE on the AUTHORITY. In representing the COMMITTEE, the
representative may act independently, with the assistance of
policy direction provided by the COMMITTEE.
6. LEAD CITY.
The city whose elected official is selected to serve as
the COMMITTEE's representative shall be designated "Lead City" for
purposes of this Agreement.
7. PAYMENT.
The payment of Ten Thousand Dollars ($10,000) is required
to participate in the AUTHORITY. This payment will be equally
divided between the participating CITIES, and the entire sum of
Ten Thousand Dollars shall be payable to the AUTHORITY within one
(1) month of the signing of this Agreement. Each city shall pay
an equal share to the Lead City within twenty (20) days after the
date of this Agreement. Failure to pay such share shall
disenfranchise the non-paying city.
8. REIMBURSEMENT OF COSTS.
Each city shall reimburse the Lead City an equal share
for its operating expenses as is approved by the committee and
which is attributable to the services provided by the
representative to the COMMITTEE.
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9.
ADDITIONAL CITIES.
Other cities of Orange County may join the COMMITTEE with
the approval of a majority of the members of the COMMITTEE at the
time of application. After the approval of a majority of the
existing members has-been obtained, the new member city shall
execute a counterpart of this Agreement. Each new city joining
the COMMITTEE shall be required within twenty (20) days after
executing such counterpart to reimburse the existing members for
its equal share of the $10,000 payment originally required to
participate in the AUTHORITY (see Para. 7 PAYMENT).
10. INDEMNIFICATION.
Each City (herein "Indemnifying City") hereby agrees to
protect, defend, indemnify and hold and save harmless each other
City, its officers, agents and employees, against any a,nd all
liability, claims, judgments, costs and demands, however caused,
including those resulting from death of or injury to Indemnifying
City's officers and employees and damage to property, arising
directly or indirectly out of the actions taken by Indemnifying
City and its officers, agents or employees under this agreement,
regardless of the active or passive nature of any negligence by
such other City, save and except those which arise out of the sol
negligence or sole willful misconduct of such other city.
It is understood that the Lead City shall be solely
responsible for any negligence of or injury to its elected
official while acting as representative of the COMMITTEE;
provided, however, that the Lead City's responsibility to its
elected official as a result of this Agreement shall be no great
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than the existing responsibility under all applicable laws,
statutes and ordinances.
11. WITHDRAWAL.
Any signatory to this Agreement may withdraw from its
participation in the COMMITTEE and from this Agreement after
giving sixty (60) days' written notice to the other parties. It
is understood by and agreed among the parties that the withdrawing
signatory shall not be entitled to receive any reimbursement for
its contribution to the payment made to participate in the
authority (see Para. 7 PAYMENT).
12. COUNTERPARTS.
This Agreement may be executed in any number of
counterparts, each of which shall for all purposes be deemed to
an original, and all of which shall constitute one and the same
agreement of the parties.
13.. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and
understanding between the parties hereto.
IN WITNESS WHEREOF, this Memorandum of Agreement is
executed by the chief elected officials of the parties hereto.
ATTEST:
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APPROVED AS TO FORM:
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ATT
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CRY ATT01 CITY OF IRVINE
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DATED:
CITY OF BREA
ATTEST:
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DATED:
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ATTEST:
BY
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DATED:
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ATTEST:
City Clerk
DATED:
APPROVED AS TO FORM:
JACK L. WHITE, City Attorney
CITY OF ANAHEIM
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Deputy City Attorney
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ATTEST:
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ATTEST:
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DATED:
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ATTEST:
City Clerk
DATED:
APPROVED AS TO FORM:
JACK L. WHITE, City Attorney
CITY OF ANAHEIM
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JACK L. WHITE, City Attorney
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CITY OF IRVINE
ATTEST:
By
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DATED:
CITY OF BREA
ATTEST:
By
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DATED:
CITY OF NEWPORT BE)
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CITY OF SAN JUAN CAPISTRANO
ATTEST:
City Clerk
DATED:
APPROVED AS TO FORM:
JACK L. WHITE, City Attorney
CITY OF ANAHEIM
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Deputy City Attorney
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CITY OF IRVINE
ATTEST:
By
City Clerk
DATED:
CITY OF BREA
ATTEST:
City Clerk
DATED:
ATTEST:
By
CITY OF NEWPORT BEACH
By
City Clerk
DATED:
•CITY OF SAN JUAN CAPISTRANO
ATTEST: I:
ty Clerk
Ma Ann Hanover
DATED: June 10, 1986
APPIWEDtr'AS TO FORM:
, City Attorney
APP90VED AS TO FORM:
JACK L. WHITE, City Attorney
CITY OF ANAHEIM
B
BOU ANN MERRITT`
Deputy City'Attorney
LAM:pm
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CITY OF IRVINE
ATTEST:
By
City Clerk
DATED:
ATTEST:
City Clerk
DATED:
CITY OF BREA
By
CITY OF NEWPORT B
ATTEST: /
City Clely
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DATED: • �Q 950
CITY OF SAN JUAN CAPISTRANO
ATTEST:
By
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City Clerk Mayor
DATED:
APPROVED AS TO FORM:
JACK L. WHITE, City Attorney
CITY OF ANAHEIM
BAI))A I hlM -M(h"
M(f ANN MERRITT—
Deputy City Attorney
LAM:pm
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