CC - Item 4J - Adopt Resolution No. 2023-39 to Approve an Amendment to the Joint Powers Agreement with the Los Angeles Regional AgencyROSEMEAD CITY COUNCIL
STAFF REPORT
TO:
THE HONORABLE MAYOR AND CITY COUNCIL
FROM:
BEN KIM, CITY MANAGER
DATE: JUNE 27, 2023
SUBJECT: ADOPT RESOLUTION NO. 2023-39 TO APPROVE AN AMENDMENT
TO THE JOINT POWERS AGREEMENT WITH THE LOS ANGELES
REGIONAL AGENCY
SUMMARY
To reflect changes in legislation related to solid waste management, and specifically new organic
waste reduction laws, CalRecycle (California's Department of Resources Recycling and
Recovery) has required the City's existing JPA with LARA be updated and amended.
BACKGROUND
In 2004, CalRecycle (California's Department of Resources Recycling and Recovery) approved
the formation of LARA for the purpose of meeting the waste reduction mandates set by State
Assembly Bill 939. LARA is a consortium of eighteen cities in Southern California and allows
these agencies to combine efforts on programs and waste diversion tonnage to achieve cumulative
benchmarks. Some of the advantages of LARA membership are:
• LARA submits a consolidated report on behalf of its members for all of the required Source
Reduction & Recycling Element Programs
• Cities can focus on program implementation rather than numerical compliance
• LARA allows cities to share costs and conduct new "regional level" base year studies, if
required
• Provide member cites a unified voice on issues and concerns faced by each member
• Network coordination and peer sharing
• LARA is able to average waste diversion and disposal over all cities in the agency,
smoothing out fluctuations due to confusion about jurisdictional boundaries or changes in
the Disposal Reporting System.
As required by CalRecycle to comply with the requirements of S131383, the mandatory organic
waste reduction law, the amended JPA will authorize LARA to report on behalf its member
AGENDA ITEM 4.J
City Council Meeting
June 27, 2023
Page 2 of 3
agencies information related to compliance with organics recycling compliance. The amendment
also reflects recent changes to the waste diversion calculation methodology used by CalRecycle
as well as a number of minor clean-ups to the original JPA language which is now over twenty
years old.
ENVIRONMENTAL REVIEW
The proposed work involves data collection and reporting; therefore, City staff has determined, in
accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA)
Guidelines, that this project is not subject to CEQA review because it can be seen with certainty
that there is no possibility that the activities will have a significant effect on the environment.
STAFF RECOMMENDATION
It is recommended that the City Council:
Adopt a Resolution approving an amendment to the Joint Powers Agreement (JPA)
with the Los Angeles Regional agency (LARA);
2. Authorize the City Manager to execute the JPA; and
3. Find that the Project is exempt from CEQA review pursuant to Section 15061(b)(3) of
the California Environmental Quality Act (CEQA) Guidelines
FINANCIAL IMPACT
No impact. The City pays approximately $9,000 annually to LARA in membership fees.
STRATEGIC PLAN IMPACT
The project is consistent with the Strategic Plan's guiding principal for fiduciary responsibility of
providing for transparency in financial management of City's finances and providing quality of
life enhancement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
City Council Meeting
June 27, 2023
Page 3 of 3
Prepared by:
elle Garcia
Public Works Fiscal and Project Manager
Submitted by:
Ben K'
City Winager
Attachment A: Draft Resolution No. 2023-39
Attachment A
Draft Resolution No. 2023-39
RESOLUTION NO. 2023-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, APPROVING AN
AMENDMENT TO THE JOINT POWERS AGREEMENT
WITH THE LOS ANGELES REGIONAL AGENCY
WHEREAS, The City desires to maximize its diversion of solid waste from landfills;
and
WHEREAS, The City has partnered with the Los Angeles Regional Agency (LARA)
and its member agencies since 2003 to maximize diversion of solid waste; and
WHEREAS, Senate Bill 1383 (2016) established mandatory reduction of organic waste;
and
WHEREAS, Senate Bill 1383 also required that LARA revise and amend its Joint
Powers Agreement to reflect the required reporting and compliance monitoring related to organic
waste recycling.
THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Manager to execute the amended Joint Powers Agreement (Exhibit A).
SECTION 2. The City Clerk is directed to certify the adoption of this Resolution and authorize.
SECTION 3. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 27th day of June, 2023.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2023-39 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 27`h day of June, 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
Ericka Hernandez, City Clerk
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Exhibit A
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
it. 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".
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
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.
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.
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
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.
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
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 ChairNice-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 ofAttachment(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.
[BALANCE OF PAGE INTENTIONALLY BLANK - SIGNATURES FOLLOW]
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CITY OF ROSEMEAD
Dated:
X
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Ben Kim, City Manager