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Resolution No. 6919 '- .... 1 RESOLUTION NO. 6919 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A LOS ANGELES COUNTY UNIFIED PROGRAM AGENCIES COOPERATING AGENCIES AGREEMENT 3 4 5 WHEREAS, the County of Los Angeles, the City of Vernon, 6 and other local agencies within Los Angeles County (collectively, 7 the "Agencies") were notified effective December 31, 1996, 8 pursuant to Health and Safety Code Section 25404.3 that they would 9 be authorized to become Certified Unified Program Agencies (CUPA) 10 provided they enter into a Cooperating Agencies Agreement ("the 11 Agreement"); and 12 WHEREAS, the Agencies have negotiated the terms of the 13 Agreement in order to implement the Unified Program as defined in 14 Health and Safety Code Section 25404 within their respective jurisdictions whereby they will cooperate to develop a coordinated 15 16 and consistent program throughout Los Angeles County (lithe 17 County"); and 18 WHEREAS, Health and Safety Code Section 25404.3(c) (2) 19 requires the Secretary of the California Environmental Protection 20 Agency (lithe Secretary") to find that the administration of the 21 Unified Program will be less fragmented between jurisdictions as 22 compared to before January 1, 1994, and will be implemented in a 23 coordinated and consistent manner throughout the entire county; 24 and 25 WHEREAS, on February 7, 1997, the Secretary made such 26 findings and certified the City of Vernon as a CUPA based on the 27 representation that the Agreement would be presented to the City 28 Council for approval; and '- .... ' " 1 WHEREAS, the Secretary has approved a slightly modified 2 form of the Cooperating Agencies Agreement submitted by another 3 agency, and the agencies will need to meet and confer to conform 4 the draft agreements; and 5 WHEREAS, the Director of Environmental Health has 6 recommended that the City Council approve the Agreement, 7 substantially as presented herewith. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 9 THE CITY OF VERNON AS FOLLOWS: 10 SECTION 1: The City Council of the city of Vernon 11 hereby finds and determines that the recitals contained 12 hereinabove are true and correct. 13 SECTION 2: The city council of the City of Vernon 14 hereby approves the Los Angeles County Unified Program Agencies 15 Cooperating Agencies Agreement, a copy of which has been presented 16 to the City council concurrently with this resolution, effective 17 March 1, 1997. 18 SECTION 3: The city Council of the city of Vernon 19 hereby authorizes the Mayor and the City Clerk to execute said 20 Agreement for, and on behalf of, the City of Vernon. 21 SECTION 4: The city Clerk of the City of Vernon shall 22 certify to the passage of this resolution, and thereupon and 23 thereafter the same shall be in full force and effect. 24 APPROVED AND ADOPTED this 18th day of February, 1997. 27 ATTE~ /r- BRUCE V. ~~. /,- E()NIS C. MALB . G, Ma or /~~h' 25 26 28 MALKENHORST, City Clerk -2- '- ' ...." '- 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of 2 3 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 6919, was duly adopted by the city Council of the City of Vernon at a regular meeting of the City Council duly held 6 7 on Tuesday, February 18, 1997, and thereafter was duly signed by 8 the Mayor of the City of Vernon. 9 ~ //#g~ 10 BRUCE V. MALKENHORST, City Clerk 11 ( SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 'f. , CITY COUNCIL LEONIS C. MALBURG Mayor Gf[) m BRUCE V. MALKENHORST Qty Administrator/City Oerk FAX: (213) 581-7924 CITY HALL DAVID B. BREARLEY City Attorney FAX:(818)~5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 THOMAS A. YBARRA Mayor Pro-Tern Wrn. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 February 10, 1997 City Council City of Vernon Honorable Members: A Public Notice was posted in the City of Vernon on January 30, 1997 regarding consideration of a proposed Cooperating Agencies Agreement among the City of Vernon, the Long BeachlSignal Hill Joint Powers Agency, the County of Los angeles, and the Cities of Glendale, Los Angeles, Santa Fe Springs, and Santa Monica. The Agreement is required by the California Environmental Protection Agency in order for Vernon to be approved as a Certified Unified Program Agency (CUPA). The purpose of the Agreement is to coordinate and make consistent the implementation of the CUPA programs, and CUPA authorization will allow the City of Vernon to continue to administer several hazardous material regulatory programs including Underground Storage Tank, Hazardous Waste, Hazardous Materials, Risk Management and Prevention, and Aboveground Tank Programs. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that the agreement be approved and executed. Very truly yours, ~ ~ /~V Bruce V. Malkenhorst City Clerk BVM/hr * _. To: Bruce V. Malkenhorst, City Administrator From: tfLewis J. Pozzebon Subject: Request for City Council Consideration of a Cooperating Agencies Agreement relating to our Certified Unified Program Agency (CUPA) Application. Date: February 10, 1997 MEMORANDUM For the last two years our department has been working with the California Environmental Protection Agency (CAL-EP A) and other local CUPA applicant agencies toward implementing SB 1082, the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. The bill requires the consolidation of six hazardous waste and hazardous material programs under one administrative agency at the local level. On January 3, 1995 the City Council approved our CUPA application and its submission to CAL-EP A. On December 31, 1996, CAL-EP A notified our department that final certification of our CUP A application is dependent upon our entering into a Cooperating Agencies Agreement (CAA) with the other CUPA applicants in Los Angeles County by March 1, 1997. The CAA is intended to assure the coordinated and consistent implementation of the CUPA programs throughout the county. The participant agencies are: City of Glendale Fire Department City of Los Angeles Fire Department City of Santa Fe Springs Fire Department City of Santa Monica Environmental & Public Works Department City of Vernon Health Department County of Los Angeles Fire Department Long Beach/Signal Hill Unified Program Joint Powers Agency I recommend the attached Cooperating Agencies Agreement be considered by the City Council for adoption at the Council Meeting to be held Tuesday, February 18, 1997. It is my understanding, based on conversations last week, that David Brearley and David Fitzsimons from the City Attorney's Office are in concurrence with the language in the agreement. I also believe Mr. Fitzsimons is preparing suitable language for the Council agenda. Please let me know if further information is needed. cc: David Brearley, City Attorney's Office Attachments LP:ls SII:hzmt\cupacons.ide . LOS ANGELES COUNTY UNIFIED'PROGRAM AGENCIES COOPERATING AGENCIES AGREEMENT This Cooperating Agency Agreement (the "Agreement") is made and entered into among the County of Los Angeles ("the County"), the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale (individually the "City", collectively the "Cities") and the Long Beach/Signal Hill Unified Program Agency, a Joint Powers Agency (the "JPA"). WITNESSETH: WHEREAS, the County, the Cities and the JPA (individually the "Agency", collectively the "Agencies ") have each been notified by the Secretary of the California Environmental Protection Agency (the "Secretary") pursuant to Health and Safety Code Section 25404.3 that they may be authorized to become a Certified Unified Program Agency (CUPA) provided they enter into this Agreement; and WHEREAS, Health and Safety Code Section 25404.3 (c) (2) requires the Secretary to fmd that the administration of the Unified Program will be less fragmented between jurisdictions as compared to before January 1, 1994, and that the Unified Program will be implemented in a coordinated and consistent manner throughout an entire county; and WHEREAS, Title 27, California Code of Regulations (CCR), Section 15170(k)(1) permits the Secretary to consider agreements between applicant agencies among other criteria in making a finding of county-wide consistency; and WHEREAS, upon certification, the Agencies will implement the Unified Program, as set forth in Health and Safety Code Section 25404, within each of their respective jurisdictions; and WHEREAS, obligations or responsibilities assumed by the Agencies under this Agreement do not replace or supersede other requirements of the Unified Program, or replace or modify any mutual emergency aid agreements entered into among the Agencies or other municipalities in the State of California; Page 1 NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements set forth herein, the parties mutually agree as follows: SECTION I: DISPUTE RESOLUTION The Agencies shall cooperate fully to resolve disputes between the CUPAs or between CUPA(s) and Unified Program facility(ies). The Agencies shall develop and each Agency shall implement dispute resolution procedures designed to resolve such disputes. The Agencies shall submit these procedures to the Secretary within sixty (60) days of the effective date of this ,Agreement. SECTION II: FACILITY INPUT The Agencies agree to solicit the input of Unified Program facilities to enhance consistency in the implementation of the Unified Program throughout the County of Los Angeles. The Agencies shall develop and each Agency shall implement procedures designed to solicit the input of Unified Program facilities. The Agencies shall submit the procedures to solicit the input of Unified Program facilities to the Secretary within sixty (60) days of the effective date of this Agreement. SECTION III: DATA AND FORMS The Agencies agree that, upon development by the State of California of uniform data reporting elements and/or forms, the Agencies shall utilize such data reporting elements and/or forms to ensure consistency and uniformity among their respective jurisdictions within one hundred eighty (180) days of the effective date of the State-developed reporting system and/or forms or within such shorter time period as required by State statute or regulation. SECTION IV: INSPECTIONS The Agencies shall develop and each Agency shall implement procedures to make inspections of Unified Program facilities consistent and coordinated to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION V: ENFORCEMENT The Agencies shall develop and each Agency shall implement procedures to make enforcement policies applied to Unified Program facilities consistent to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. Page 2 SECTION VI: TECHNICAL POLICIES The Agencies shall develop and each Agency shall implement procedures to make technical policies and interpretations consistent to the maximum extent feasible throughout the entire County of Los Angeles taking into account the different practices of each Agency. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION VII: TRAINING Each Agency shall meet the minimum training requirements mandated by State law. The Agencies shall cooperate fully, share information and make available, to the extent practicable, reciprocal training opportunities for their respective staffs to ensure that all staff members receive similar levels of technical training and attain the minimum standards mandated by State law. The Agencies shall develop a plan for reciprocal training opportunities and submit it to the Secretary within one hundred and eighty (180) days of the effective date this Agreement. SECTION VIII: LIMITATIONS Any dispute resolution procedures specified in Section I of this Agreement, any inspection procedures specified in Section IV of this Agreement, any enforcement procedures specified in Section V of this Agreement or any technical procedures specified in Section VI shall not limit the authority or ability of any Agency to take enforcement actions against a Unified Program facility under the Unified Program or otherwise compromise the authority and responsibilities of an Agency given under the State or local law. SECTION IX: RELATIONSHIP OF AGENCIES The covenants, obligations and liabilities of the Agencies are intended to be several and not joint or collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, Of to impose a trust or partnership covenant, obligation or liability on or with regard to one or more of the Agencies. Each Agency shall be individually responsible for its own covenants, obligations and liabilities under this Agreement. No Agency shall be under the control of or shall be deemed to control any other Agency. No agency shall be the agent of or have the right or power to bind any other Agency without its express written consent, except as expressly provided in this Agreement. Page 3 SECTION X: LIABILITY Except for damage or loss resulting from willful action, gross negligence or any breach of obligation in connection with the performance or nonperformance of this Agreement, no Agency, its members, directors, members of its governing body, officers or employees shall be liable to any other Agency for any loss or damage from the performance or nonperformance of the obligations under this Agreement. SECTION XI: WITHDRAW ALl CERTIFICATION A. In the event that any Agency withdraws from participation in the Unified Program or a decision is made by the Secretary to withdraw certification of an Agency, this Agreement shall continue in effect among the other Agencies, and the Agencies will endeavor to assist the Secretary in a smooth transition pursuant to the terms of Health and Safety Code Sections 25404.3 and 25404.4. B. Withdrawal from this Agreement or violation of its terms shall be considered a failure by an Agency to meet its obligations to adequately implement the Unified Program pursuant to Health and Safety Code Section 25404.4(a)(1) and the Secretary may enter into a Program Improvement Agreement with the Agency or withdraw the Agency's CUPA certification in such an instance utilizing the procedures specified in Health and Safety Code Section 25404.4(a)(2) and CCR Title 27 Section 15320. C. (1) In the event that certification is withdrawn from any Agency within the County for any reason or an Agency withdraws from its obligations to implement the Unified Program, the successor CUP A shall be determined in accordance with Health and Safety Code Section 25404.3(t) and (g). (2) In the event a City or JPA CUPA's certification is withdrawn or a City or JPA CUPA withdraws from its obligation to implement the Unified Program, such City or JP A and the County CUP A shall work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(t)(1) and the County CUPA will proceed to implement the Unified Program within the jurisdiction of such City or JP A. (3) In the event that the County's CUPA certification is withdrawn, the County, City and IPA CUPA(s) will work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(t)(2) to determine what agency, if any, should be the successor CUPA. Page 4 . . . SECTION XU: EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. SECTION Xill: EFFECTIVE DATE A. This Agreement is only effective for those Agencies who have authorized and duly. executed this Agreement. This Agreement will become effective on March 1, 1997 or on the date when any two signators are certified to implement the Unified Program, which ever is l~ter. B. This Agreement shall not be effective as to any signator Agency until such Agency is certified to implement the Unified Program. C. Any other applicant agency subsequently certified as a CUP A in Los Angeles County may become a party to this Agreement by authorizing and duly executing this Agreement. Page 5 ~. ~,"f." ., ....' ).0:-" IN WITNESS WHEREOF, the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale and the Long Beach-Signal Hill Unified Program Agency, a JP A, have caused this Agreement to be executed by the Mayor or other duly appointed officer of each City or JPA; and the Board of Supervisors of the County of Los Angeles, by its Chair and attested by its Clerk have caused this Agreement to be executed, on the day, month and year noted herein below. AGENCY: (IT,:> 0+ VcI0vO,-v C (el't l<- DATE: APPROVED AS TO FORM: BY: .() -'h.ll ~ tS. ~(~'-;) TITLE: Li ~ A'T/b '-v-r~ ';:\ DRAFT .p LOS ANGELES COUNTY UNIFIED PROGRAM AGENCIES COOPERATING AGENCIES AGREEMENT This Cooperating Agency Agreement (the "Agreement") is made and entered into among the County of Los Angeles ("the County"), the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale (individually the "City", collectively the "Cities") and the Long Beach/Signal Hill Unified Program Agency, a Joint Powers Agency (the "JPA"). WITNESSETH: WHEREAS, the County, the Cities and the JPA (individually the "Agency", collectively the "Agencies") have each been notified by the Secretary of the California Environmental Protection Agency (the "Secretary") pursuant to Health and Safety Code Section 25404.3 that they may be authorized to become a Certified Unified Program Agency (CUP A) provided they enter into this Agreement; and WHEREAS, Health and Safety Code Section 25404.3 (c) (2) requires the Secretary to find that the administration of the Unified Program will be less fragmented between jurisdictions as compared to before January 1, 1994, and that the Unified Program will be implemented in a coordinated and consistent manner throughout an entire county; and WHEREAS, Title 27, California Code of Regulations (CCR) , Section 15170(k)(1) permits the Secretary to consider agreements between applicant agencies among other criteria in making a finding of county-wide consistency; and WHEREAS, upon certification, the Agencies will implement the Unified Program, as set forth in Health and Safety Code Section 25404, within each of their respective jurisdictions; and WHEREAS, obligations or responsibilities assumed by the Agencies under this Agreement do not replace or supersede other requirements of the Unified Program, or replace or modify any mutual emergency aid agreements entered into among the Agencies or other municipalities in the State of California; Page 1 NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements set forth herein, the parties mutually agree as follows: SECTION I: DISPUTE RESOLUTION The Agencies shall cooperate fully to resolve disputes between the CUP As or between CUP A(s) and Unified Program facility(ies). The Agencies shall develop and each Agency shall implement dispute resolution procedures designed to resolve such disputes. The Agencies shall submit these procedures to the Secretary within sixty (60) days of the effective date of this ,Agreement. SECTION II: FACILITY INPUT The Agencies agree to solicit the input of Unified Program facilities to enhance consistency in the implementation of the Unified Program throughout the County of Los Angeles. The Agencies shall develop and each Agency shall implement procedures designed to solicit the input of Unified Program facilities. The Agencies shall submit the procedures to solicit the input of Unified Program facilities to the Secretary within sixty (60) days of the effective date of this Agreement. SECTION III: DATA AND FORMS The Agencies agree that, upon development by the State of California of uniform data reporting elements and/or forms, the Agencies shall utilize such data reporting elements and/or forms to ensure consistency and uniformity among t~eir respective jurisdictions within one hundred eighty (180) days of the effective date of the State-developed reporting system and/or forms or within such shorter time period as required by State statute or regulation. SECTION IV: INSPECTIONS The Agencies shall develop and each Agency shall implement procedures to make inspections of Unified Program facilities consistent and coordinated to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION V: ENFORCEMENT The Agencies shall develop and each Agency shall implement procedures to make enforcement policies applied to Unified Program facilities consistent to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. Page 2 ... SECTION VI: TECHNICAL POLICIES The Agencies shall develop and each Agency shall implement procedures to make technical policies and interpretations consistent to the maximum extent feasible throughout the entire County of Los Angeles taking into account the different practices of each Agency. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION VII: TRAINING Each Agency shall meet the minimum training requirements mandated by State law. The Agencies shall cooperate fully, share information and make available, to the extent practicable, reciprocal training opportunities for their respective staffs to ensure that all staff members receive similar levels of technical training and attain the minimum standards mandated by State law. The Agencies shall develop a plan for reciprocal training opportunities and submit it to the Secretary within one hundred and eighty (180) days of the effective date this Agreement. SECTION VIII: LIMITATIONS Any dispute resolution procedures specified in Section I of this Agreement, any inspection procedures specified in Section IV of this Agreement, any enforcement procedures specified in Section V of this Agreement or any technical procedures specified in Section VI shall not limit the authority or ability of any Agency to take enforcement actions against a Unified Program facility under the Unified Program or otherwise compromise the authority and responsibilities of an Agency given under the State or local law. SECTION IX: RELATIONSHIP OF AGENCIES The covenants, obligations and liabilities of the Agencies are intended to be several and not joint or collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to one or more of the Agencies. Each Agency shall be individually responsible for its own covenants, obligations and liabilities under this Agreement. No Agency shall be under the control of or shall be deemed to control any other Agency. No agency shall be the agent of or have the right or power to bind any other Agency without its express written consent, except as expressly provided in this Agreement. Page 3 ... SECTION X: LIABILITY Except for damage or loss resulting from willful action, gross negligence or any breach of obligation in connection with the performance or nonperformance of this Agreement, no Agency, its members, directors, members of its governing body, officers or employees shall be liable to any other Agency for any loss or damage from the performance or nonperformance of the obligations under this Agreement. SECTION XI: WITHDRAWAL/CERTIFICATION A. In the event that any Agency withdraws from participation in the Unified Program or a decision is made by the Secretary to withdraw certification of an Agency, this Agreement shall continue in effect among the other Agencies, and the Agencies will endeavor to assist the Secretary in a smooth transition pursuant to the terms of Health and Safety Code Sections 25404.3 and 25404.4 . B. Withdrawal from this Agreement or violation of its terms shall be considered a failure by an Agency to meet its obligations to adequately implement the Unified Program pursuant to Health and Safety Code Section 25404.4(a)(1) and the Secretary may enter into a Program Improvement Agreement with the Agency or ~ithdraw the Agency's CUP A certification in such an instance utilizing the procedures specified in Health and Safety Code Section 25404.4(a)(2) and CCR Title 27 Section 15320. C. (1) In the event that certification is withdrawn from any Agency within the County for any reason or an Agency withdraws from its obligations to implement the Unified Program, the successor CUPA shall be determined in accordance with Health and Safety Code Section 25404.3(f) and (g). (2) In the event a City or lPA CUPA's certification is withdrawn or a City or lPA CUPA withdraws from its obligation to implement the Unified Program, such City or JP A and the County CUP A shall work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(f)(1) and the County CUPA will proceed to implement the Unified Program within the jurisdiction of such City or lP A. (3) In the event that the County's CUPA certification is withdrawn, the County, City and lP A CUP A(s) will work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(f)(2) to determine what agency, if any, should be the successor CUP A. Page 4 V' V' SECTION XII: EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. SECTION XIII: EFFECTIVE DATE A. This Agreement is only effective for those Agencies who have authorized and duly. executed this Agreement. This Agreement will become effective on March 1, 1997 or on the date when any two signators are certified to implement the Unified Program, which ever is l~ter. B. This Agreement shall not be effective as to any signator Agency until such Agency is certified to implement the Unified Program. C. Any other applicant agency subsequently certified as a CUP A in Los Angeles County may become a party to this Agreement by authorizing and duly executing this Agreement. Page 5 '-' IN WITNESS WHEREOF, the City of Los Angeles, the City of Santa Monica, the City of Sant"a Fe Springs, the City of Vernon, the City of Glendale and the Long Beach-Signal Hill Unified Program Agency, a JP A, have caused this Agreement to be executed by the Mayor or other duly appointed officer of each City or JPA; and the Board of Supervisors of the County of Los Angeles, by its Chair and attested by its Clerk have caused this Agreement to be executed, on the day, month and year noted herein below. AGENCY: / _ 0 r I/€IZ~ON ~t f':) -r- v BY: iJa..:i L- <!- \I /Yl.A I k:.<-v {., ='t ':'-f / C. T_J DATE: APPROVED AS TO FORM: BY: (J'1 v' I~ /7 ,/') I') "j~.,,_ ( ~ '-::) TITLE: C <I'] A T(b .-v-.. '< ':\ C- (e,z 1<- DRAFT .. LOS ANGELES COUNTY UNIFIED PROGRAM AGENCIES COOPERATING AGENCIES AGREEMENT This Cooperating Agency Agreement (the "Agreement") is made and entered into among the County of Los Angeles ("the County"), the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale (individually the "City", collectively the "Cities") and the Long Beach/Signal Hill Unified Program Agency, a Joint Powers Agency (the "JPA"). WITNESSETH: WHEREAS, the County, the Cities and the JPA (individually the "Agency", collectively the "Agencies") have each been notified by the Secretary of the California Environmental Protection Agency (the "Secretary") pursuant to Health and Safety Code Section 25404.3 that they may be authorized to become a Certified Unified Program Agency (CUP A) provided they enter into this Agreement; and WHEREAS, Health and Safety Code Section 25404.3 (c) (2) requires the Secretary to find that the administration of the Unified Program will be less fragmented between jurisdictions as compared to before January 1, 1994, and that the Unified Program will be implemented in a coordinated and consistent manner throughout an entire county; and WHEREAS, Title 27, California Code of Regulations (CCR), Section 15170(k)(1) permits the Secretary to consider agreements between applicant agencies among other criteria in making a finding of county-wide consistency; and WHEREAS, upon certification, the Agencies will implement the Unified Program, as set forth in Health and Safety Code Section 25404, within each of their respective jurisdictions; and WHEREAS, obligations or responsibilities assumed by the Agencies under this Agreement do not replace or supersede other requirements of the Unified Program, or replace or modify any mutual emergency aid agreements entered into among the Agencies or other municipalities in the State of California; Page 1 NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements set forth herein, the parties mutually agree as follows: SECTION I: DISPUTE RESOLUTION The Agencies shall cooperate fully to resolve disputes between the CUP As or between CUP A(s) and Unified Program facility(ies). The Agencies shall develop and each Agency shall implement dispute resolution procedures designed to resolve such disputes. The Agencies shall submit these procedures to the Secretary within sixty (60) days of the effective date of this ,Agreement. SECTION II: FACILITY lNPUT The Agencies agree to solicit the input of Unified Program facilities to enhance consistency in the implementation of the Unified Program throughout the County of Los Angeles. The Agencies shall develop and each Agency shall implement procedures designed to solicit the input of Unified Program facilities. The Agencies shall submit the procedures to solicit the input of Unified Program facilities to the Secretary within sixty (60) days of the effective date of this Agreement. SECTION III: DATA AND FORMS The Agencies agree that, upon development by the State of California of uniform data reporting elements and/or forms, the Agencies shall utilize such data reporting elements and/or forms to ensure consistency and uniformity among t~eir respective jurisdictions within one hundred eighty (180) days of the effective date of the State-developed reporting system and/or forms or within such shorter time period as required by State statute or regulation. SECTION IV: INSPECTIONS The Agencies shall develop and each Agency shall implement procedures to make inspections of Unified Program facilities consistent and coordinated to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION V: ENFORCEMENT The Agencies shall develop and each Agency shall implement procedures to make enforcement policies applied to Unified Program facilities consistent to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. Page 2 1" SECTION VI: TECHNICAL POLICIES The Agencies shall develop and each Agency shall implement procedures to make technical policies and interpretations consistent to the maximum extent feasible throughout the entire County of Los Angeles taking into account the different practices of each Agency. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION VII: TRAINING Each Agency shall meet the minimum training requirements mandated by State law. The Agencies shall cooperate fully, share information and make available, to the extent practicable, reciprocal training opportunities for their respective staffs to ensure that all staff members receive similar levels of technical training and attain the minimum standards mandated by State law. The Agencies shall develop a plan for reciprocal training opportunities and submit it to the Secretary within one hundred and eighty (180) days of the effective date this Agreement. SECTION VIII: LIMITATIONS Any dispute resolution procedures specified in Section I of this Agreement, any inspection procedures specified in Section IV of this Agreement, any enforcement procedures specified in Section V of this Agreement or any technical procedures specified in Section VI shall not limit the authority or ability of any Agency to take enforcement actions against a Unified Program facility under the Unified Program or otherwise compromise the authority and responsibilities of an Agency given under the State or local law. SECTION IX: RELATIONSHIP OF AGENCIES The covenants, obligations and liabilities of the Agencies are intended to be several and not joint or collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to one or more of the Agencies. Each Agency shall be individually responsible for its own covenants, obligations and liabilities under this Agreement. No Agency shall be under the control of or shall be deemed to control any other Agency. No agency shall be the agent of or have the right or power to bind any other Agency without its express written consent, except as expressly provided in this Agreement. Page 3 ,.. SECTION X: LIABILITY Except for damage or loss resulting from willful action, gross negligence or any breach of obligation in connection with the performance or nonperformance of this Agreement, no Agency, its members, directors, members of its governing body, officers or employees shall be liable to any other Agency for any loss or damage from the performance or nonperformance of the obligations under this Agreement. SECTION XI: WITHDRAWAL/CERTIFICATION A. In the event that any Agency withdraws from participation in the Unified Program or a decision is made by the Secretary to withdraw certification of an Agency, this Agreement shall continue in effect among the other Agencies, and the Agencies will endeavor to assist the Secretary in a smooth transition pursuant to the terms of Health and Safety Code Sections 25404.3 and 25404.4 . B. Withdrawal from this Agreement or violation of its terms shall be considered a failure by an Agency to meet its obligations to adequately implement the Unified Program pursuant to Health and Safety Code Section 25404.4(a)(1) and the Secretary may enter into a Program Improvement Agreement with the Agency or ~ithdraw the Agency's CUPA certification in such an instance utilizing the procedures specified in Health and Safety Code Section 25404.4(a)(2) and CCR Title 27 Section 15320. C. (1) In the event that certification is withdrawn from any Agency within the County for any reason or an Agency withdraws from its obligations to implement the Unified Program, the successor CUPA shall be determined in accordance with Health and Safety Code Section 25404.3(f) and (g). (2) In the event a City or IPA CUP A's certification is withdrawn or a City or IPA CUPA withdraws from its obligation to implement the Unified Program, such City or JP A and the County CUP A shall work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(f)(1) and the County CUPA will proceed to implement the Unified Program within the jurisdiction of such City or IP A. (3) In the event that the County's CUP A certification is withdrawn, the County, City and IP A CUP A(s) will work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(f)(2) to determine what agency, if any, should be the successor CUPA. Page 4 ... .,.. SECTION XII: EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. SECTION XIII: EFFECTIVE DATE A. This Agreement is only effective for those Agencies who have authorized and duly. executed this Agreement. This Agreement will become effective on March 1, 1997 or on the date when any two signators are certified to implement the Unified Program, which ever is l~ter. B. This Agreement shall not be effective as to any signator Agency until such Agency is certified to implement the Unified Program. C. Any other applicant agency subsequently certified as a CUP A in Los Angeles County may become a party to this Agreement by authorizing and duly executing this Agreement. Page 5 l' IN WITNESS WHEREOF, the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale and the Long Beach-Signal Hill Unified Program Agency, a JP A, have caused this Agreement to be executed by the Mayor or other duly appointed officer of each City or JPA; and the Board of Supervisors of the County of Los Angeles, by its Chair and attested by its Clerk have caused this Agreement to be executed, on the day, month and year noted herein below. AGENCY: / -F ~(€tZA/ON ~l T':) 0 BY: iJa-..C--L \I /YIAllc:.<-vhO-?.SI / ('~J DATE: APPROVED AS TO FORM: BY: ;JAv, J~ /) r.) 1'J I,}/J-Q./\ -?- ( L '0 TITLE: . C < .1'; Ii n----c, ~', ':\ c-(e~IL . t DRAFT ... LOS ANGELES COUNTY UNIFIED PROGRAM AGENCIES COOPERATING AGENCIES AGREEMENT This Cooperating Agency Agreement (the "Agreement") is made and entered into among the County of Los Angeles ("the County"), the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale (individually the "City", collectively the "Cities") and the Long Beach/Signal Hill Unified Program Agency, a Joint Powers Agency (the "JPA"). WITNESSETH: WHEREAS, the County, the Cities and the JP A (individually the "Agency", collectively the "Agencies") have each been notified by the Secretary of the California Environmental Protection Agency (the "Secretary") pursuant to Health and Safety Code Section 25404.3 that they may be authorized to become a Certified Unified Program Agency (CUP A) provided they enter into this Agreement; and WHEREAS, Health and Safety Code Section 25404.3 (c) (2) requires the Secretary to find that the administration of the Unified Program will be less fragmented between jurisdictions as compared to before January 1, 1994, and that the Unified Program will be implemented in a coordinated and consistent manner throughout an entire county; and WHEREAS, Title 27, California Code of Regulations (CCR), Section 15170(k)(1) permits the Secretary to consider agreements between applicant agencies among other criteria in making a finding of county-wide consistency; and WHEREAS, upon certification, the Agencies will implement the Unified Program, as set forth in Health and Safety Code Section 25404, within each of their respective jurisdictions; and WHEREAS, obligations or responsibilities assumed by the Agencies under this Agreement do not replace or supersede other requirements of the Unified Program, or replace or modify any mutual emergency aid agreements entered into among the Agencies or other municipalities in the State of California; Page 1 NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements set forth herein, the parties mutually agree as follows: SECTION I: DISPUTE RESOLUTION The Agencies shall cooperate fully to resolve disputes between the CUPAs or between CUPA(s) and Unified Program facility(ies). The Agencies shall develop and each Agency shall implement dispute resolution procedures designed to resolve such disputes. The Agencies shall submit these procedures to the Secretary within sixty (60) days of the effective date of this ,Agreement. SECTION II: FACILITY INPUT The Agencies agree to solicit the input of Unified Program facilities to enhance consistency in the implementation of the Unified Program throughout the County of Los Angeles. The Agencies shall develop and each Agency shall implement procedures designed to solicit the input of Unified Program facilities. The Agencies shall submit the procedures to solicit the input of Unified Program facilities to the Secretary within sixty (60) days of the effective date of this Agreement. SECTION III: DATA AND FORMS The Agencies agree that, upon development by the State of California of uniform data reporting elements and/or forms, the Agencies shall utilize such data reporting elements and/or forms to ensure consistency and uniformity among their respective jurisdictions within one hundred eighty (180) days of the effective date of the State-developed reporting system and/or forms or within such shorter time period as required by State statute or regulation. SECTION IV: INSPECTIONS The Agencies shall develop and each Agency shall implement procedures to make inspections of Unified Program facilities consistent and coordinated to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION V: ENFORCEMENT The Agencies shall develop and each Agency shall implement procedures to make enforcement policies applied to Unified Program facilities consistent to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. Page 2 ... SECTION VI: TECHNICAL POLICIES The Agencies shall develop and each Agency shall implement procedures to make technical policies and interpretations consistent to the maximum extent feasible throughout the entire County of Los Angeles taking into account the different practices of each Agency. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION VII: TRAINING Each Agency shall meet the minimum training requirements mandated by State law. The Agencies shall cooperate fully, share information and make available, to the extent practicable, reciprocal training opportunities for their respective staffs to ensure that all staff members receive similar levels of technical training and attain the minimum standards mandated by State law. The Agencies shall develop a plan for reciprocal training opportunities and submit it to the Secretary within one hundred and eighty (180) days of the effective date this Agreement. SECTION VIII: LIMITATIONS Any dispute resolution procedures specified in Section I of this Agreement, any inspection procedures specified in Section IV of this Agreement, any enforcement procedures specified in Section V of this Agreement or any technical procedures specified in Section VI shall not limit the authority or ability of any Agency to take enforcement actions against a Unified Program facility under the Unified Program or otherwise compromise the authority and responsibilities of an Agency given under the State or local law. SECTION IX: RELATIONSHIP OF AGENCIES The covenants, obligations and liabilities of the Agencies are intended to be several and not joint or collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to one or more of the Agencies. Each Agency shall be individually responsible for its own covenants, obligations and liabilities under this Agreement. No Agency shall be under the control of or shall be deemed to control any other Agency. No agency shall be the agent of or have the right or power to bind any other Agency without its express written consent, except as expressly provided in this Agreement. Page 3 ... SECTION X: LIABILITY Except for damage or loss resulting from willful action, gross negligence or any breach of obligation in connection with the performance or nonperformance of this Agreement, no Agency, its members, directors, members of its governing body, officers or employees shall be liable to any other Agency for any loss or damage from the performance or nonperformance of the obligations under this Agreement. SECTION XI: WITHDRAWAL/CERTIFICATION A. In the event that any Agency withdraws from participation in the Unified Program or a decision is made by the Secretary to withdraw certification of an Agency, this Agreement shall continue in effect among the other Agencies, and the Agencies will endeavor to assist the Secretary in a smooth transition pursuant to the tenns of Health and Safety Code Sections 25404.3 and 25404.4. B. Withdrawal from this Agreement or violation of its terms shall be considered a failure by an Agency to meet its obligations to adequately implement the Unified Program pursuant to Health and Safety Code Section 25404.4(a)(1) and the Secretary may enter into a Program Improvement Agreement with the Agency or withdraw the Agency's CUPA certification in such an instance utilizing the procedures specified in Health and Safety Code Section 25404.4(a)(2) and CCR Title 27 Section 15320. C. (1) In the event that certification is withdrawn from any Agency within the County for any reason or an Agency withdraws from its obligations to implement the Unified Program, the successor CUPA shall be determined in accordance with Health and Safety Code Section 25404.3(f) and (g). (2) In the event a City or IPA CUPA's certification is withdrawn or a City or IPA CUPA withdraws from its obligation to implement the Unified Program, such City or JP A and the County CUP A shall work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(f)(1) and the County CUPA will proceed to implement the Unified Program within the jurisdiction of such City or IP A. (3) In the event that the County's CUPA certification is withdrawn, the County, City and IP A CUP A(s) will work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(f)(2) to determine what agency, if any, should be the successor CUP A. Page 4 .. " SECTION XII: EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. SECTION XIII: EFFECTIVE DATE A. This Agreement is only effective for those Agencies who have authorized and duly. executed this Agreement. This Agreement will become effective on March 1, 1997 or on the date when any two signators are certified to implement the Unified Program, which ever is l~ter. B. This Agreement shall not be effective as to any signator Agency until such Agency is certified to implement the Unified Program. C. Any other applicant agency subsequently certified as a CUP A in Los Angeles County may become a party to this Agreement by authorizing and duly executing this Agreement. Page 5 .,. IN WITNESS WHEREOF, the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale and the Long Beach-Signal Hill Unified Program Agency, a JP A, have caused this Agreement to be executed by the Mayor or other duly appointed officer of each City or JPA; and the Board of Supervisors of the County of Los Angeles, by its Chair and attested by its Clerk have caused this Agreement to be executed, on the day, month and year noted herein below. AGENCY: C I T~ o-F ~(€ fZ.A/ O.'V BY: IJrz... C-<L v: /11 "'" I Ic..<;/v h='Lsr / C. Z'J DATE: APPROVED AS TO FORM: BY: ,tj/l v ,i~ /) 1":) ( I') u.~-?- C ':) TITLE: . L , ,-') A ~ -v-.' '" '-::\ L-(e~l<'" PUBLIC NOTICE On Tuesday, February J.K , 1997 at 5 P.M. the City of Vernon City Council will consider the below described agenda item for adoption during a regular meeting at : Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Agenda Item: Certified Unified Program Agency/Cooperating Agencies Agreement A Cooperating Agencies Agreement is proposed among the City of Vernon, the Long Beach/Signal Hill Joint Powers Agency; the County of Los Angeles; and the Cities of Glendale, Los Angeles, Santa Fe Springs, and Santa Monica. The Cooperating Agencies Agreement is required by the California Environmental Protection Agency in order for the City of Vernon to be approved as a Certified Unified Program Agency (CUPA). The purpose of the agreement is to coordinate and make consistent the implementation of the CUPA programs throughout Los Angeles County. The CUPA authorization will allow the City of Vernon to continue to. administer several hazardous material regulatory programs including Underground Storage Tank, Hazardous Waste, Hazardous Materials, Risk Management and Prevention and Aboveground Tank Programs. A copy of the City of V ernon' s CUPA application as well as a draft Cooperating Agencies Agreement are available in the Health Department Office, Vernon City Hall, 2nd Floor, 4305 Santa Fe Avenue, between the hours of7:00 AM. and 5:30 P.M., Monday through Thursday. d /4Q7 C;;T.) Title 4 J,,'Vt '-v ,- ":, 1~" i-I.:, It... Posted On: /-30-97 si:hzmtlpubhear.caa 01130/97 CITY COUNCIL D V1D B. BREARLEY LEONIS C. MALBURG City Attorney Mayor ~ FAX: (818) 330-5818 THOMAS A. YBARRA KEVIN WILSON Mayor Pro-Tem Director of Community Services & Water FAX: (213) 588-2761 Wm. "BILL" DAMS Councilman KENNETH J. DeDARIO Director of Light & Power H. "LARRY" GONZALES FAX: (213) 583-1983 Councilman DAVE TELFORD W MICHAEL McCORMICK Fire Chief Councilman FAX: (213) 581-1385 BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRANTZ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178 ENVIIZONMENTAL HEALTH DEPARTMENT February 27, 1997 P. Michael Freeman, Fire Chief County of Los Angeles Fire Department 1320 N. Eastern Avenue Los Angeles, CA 90063-3294 SUBJECT: Los Angeles. County Unified Program Agencies Cooperating Agencies Agreement ~C~) Dear Chief Freeman: By this letter we are forwarding a copy of the subject agreement along. with our City's signed duplicate original signature page. Please process the document and forward it to the California Environmental Protection Agency. At your earliest convenience please send us a photo copy of all the other Certified Unified Program Agencies (CUPA) signature pages which adopted the Los Angeles County CAA. We appreciate the extra efforts your staff voluntarily made to assist in the finalization of our CUPA certification process. Sincerely, Lewis J. Pozzebon, Director/Health Officer Attachment LJP:cd xc: ~e V. Malkenhorst, City Administrator si:hzmtUetters\cupalacf.ltr INTER-OFFICE MEMORANDUM DATE: February 27, 1997 TO: Lewis Pozzebon, Director of Environmental Health FROM: Gloria Oros o h'ef Deputy City Clerk SUBJECT: LOS ANGELES COUNTY UNIFIED PROGRAM AGENCIES COOPERATING AGENCIES AGREEMENT Attached hereto is a fully executed duplicate original of the above-referenced agreement to be forwarded to the County. I have retained one duplicate original for our files. GJO/hr Attachment LOS ANGELES COUNTY UNIFIED PROGRAM AGENCIES COOPERATING AGENCIES AGREEMENT This Cooperating Agency Agreement (the "Agreement") is made and entered into among the County of Los Angeles ("the County"), the City of Los Angeles, the City of Santa Monica, the City of Santa Fe Springs, the City of Vernon, the City of Glendale (individually the "City", collectively the "Cities") and the Long Beach/Signal Hill Unified Program Agency, a Joint Powers Agency (the ~~~A~~ WITNESSETH: WHEREAS, the County, the Cities and. the JPA (individually the "Agency", collectively the "Agencies") have each been notified by the Secretary of the California Environmental Protection Agency (the "Secretary") pursuant to Health and Safety Code Section 25404.3 that they may be authorized to become a Certified Unified Program Agency (CUPA) provided they enter into this Agreement; and WHEREAS, Health and Safety Code Section 25404.3 (c) (2) requires the Secretary to find that the administration of the Unified Program will be less fragmented between jurisdictions as compared to before January 1, 1994, and that the Unified Program will be implemented in a coordinated and consistent manner throughout an entire county; and WHEREAS, Title 27, California Code of Regulations (CCR), Section 15170(k)(1) permits the .Secretary to consider agreements between applicant agencies among other criteria in making a finding. of county-wide consistency; and WHEREAS, upon certification, the Agencies will implement the Unified Program, as set forth in Health and Safety Code Section 25404, within each of their respective jurisdictions;. and WHEREAS, obligations or responsibilities .assumed by the Agencies under this Agreement do not replace or supersede other requirements of the Unified Program, or replace or modify any mutual emergency aid agreements entered into among the Agencies or other municipalities in the State of California; Page 1 NOW; THEREFORE, in consideration of the mutual promises, covenants, representations. and agreements set forth herein, the parties mutually agree as follows: SECTION I: DISPUTE RESOLUTION The Agencies shall cooperate fully to resolve disputes between the CUPAs or between CUPA(s) and Unified Program facility(ies). The Agencies shall develop and each Agency shall implement dispute resolution.procedures designed to resolve such disputes... The Agencies shall submit these procedures to the Secretary within sixty (60) days of the effective date of this Agreement. SECTION II: FACILITY INPUT The Agencies agree to solicit the input of Unified Program facilities to enhance consistency in-the implementation of the Unified Program throughout the County of Los Angeles. The Agencies shall develop and each Agency shall implement procedures designed to solicit the input of Unified Program facilities. The Agencies shall submit the procedures to solicit the input of Unified. Program facilities to the Secretary within sixty (60) days of the effective date of this Agreement. SECTION III: DATA AND FORMS The Agencies agree that; upon development by the. State of California of uniform data reporting: elements and/or forms, the Agencies shall utilize such data. reporting elements and/or forms to ensure consistency and uniformity among their respective jurisdictions within one hundred eighty (180) days of the effective date of the State-developed reporting system and/or forms or within such shorter time period as required by State statute or regulation. SECTION IV: INSPECTIONS The Agencies shall develop and each Agency shall implement procedures to make inspections of Unified Program facilities consistent and coordinated to the maximum extent feasible throughout the County of Los Angeles.. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION V: ENFORCEMENT The Agencies shall develop and each Agency shall. implement procedures to make enforcement policies applied to Unified Program facilities consistent to the maximum extent feasible throughout the County of Los Angeles. The Agencies shall submit the procedures to_the Secretary within one hundred eighty (180) days of the effective date of this Agreement. Page 2 SECTION VI: TECHNICAL POLICIES The Agencies shall develop and each Agency shall implement procedures to make technical policies and interpretations consistent to the maximum extent .feasible throughout the entire County of Los Angeles taking into account the different practices of each Agency. The Agencies shall submit the procedures to the Secretary within one hundred eighty (180) days of the effective date of this Agreement. SECTION VII: TRAINING Each Agency shall meet the minimum training requirements mandated by State law. The Agencies shall cooperate fully, share information and make available,. to the extent practicable, reciprocal training opportunities for their respective staffs to .ensure that all staff members receive similar levels of technical training and attain the minimum standards mandated by State law: The Agencies shall develop a plan for reciprocal training opportunities and submit it to the Secretary within one hundred and eighty (180) days of the effective date this Agreement. SECTION VIII: LIMITATIONS Any dispute resolution procedures specified in Section I of this Agreement, any inspection procedures specified in Section IV of this Agreement, any enforcement procedures specified in Section V of this Agreement or any technical procedures specified in Section VI shall not limit the authority or ability of any Agency to take enforcement actions against a Unified Program facility under the Unified Program or otherwise compromise the authority and responsibilities of an Agency given under the State or .local-law. SECTION IX: RELATIONSHIP OF AGENCIES The covenants,.. obligations and liabilities of the Agencies are intended to be several and not joint or collective, and nothing herein contained shall ever be construed to create. an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation, or liability on or with regard to one or more of the Agencies. Each Agency shall be individually responsible for its own covenants, obligations and liabilities under this Agreement. No Agency shall be under the control of or shall be deemed to control any other Agency. No agency shall be the agent of or have the right or power to bind any other Agency without its express written consent, except as expressly provided in this Agreement. Page 3 SECTION X: LIABILITY Except for damage or loss resulting from willful action, gross negligence or any breach of obligation in connection with the performance or nonperformance of this Agreement, no Agency, its members, directors, members of its governing body, officers or employees shall be liable to any other Agency for any loss or damage from the performance or nonperformance of the obligations under this Agreement. SECTION XI: WITHDRAWAL/CERTIFICATION A. In the event that any Agency withdraws from participation in the Unified Program or a decision is made by the Secretary to withdraw certification of an Agency, this Agreement shall continue in effect among the other Agencies, and the Agencies will endeavor to assist the Secretary in a smooth transition pursuant to the terms of Health and Safety Code Sections 25404.3 and 25404.4. B. Withdrawal from this .Agreement or violation of its terms shall be considered afailure by an Agency to .meet its obligations to adequately implement the Unified Program pursuant to Health and Safety Code Section 25404.4(a)(1) and the Secretary may .enter into a Program Improvement Agreement- with the Agency or withdraw the Agency's CUPA certification in such an instance utilizing the procedures specified in Health and Safety Code Section 25404.4(a)(2) and CCR Title 27 Section .15320. C. (1) In the event that certification is withdrawn from any Agency within the County for .any reason or an Agency withdraws from its. obligations to implement the Unified Program, the successor CUPA shall be determined in accordance with Health and Safety Code Section 25404.3(f) and (g) (2) In the event a City or JPA CUPA's certification is withdrawn or a City or JPA CUPA withdraws from its obligation to implement the Unified Program, such City or JPA and the County CUPA shall work cooperatively with the Secretary pursuant to Health and Safety Code Section 25404.3(f)(1) and the County CUPA will proceed to implement the Unified Program within the jurisdiction of such City or JPA. (3) In the event that the County's CUPA certification is withdrawn, the County, City and JPA CUPA(s) will work cooperatively with. the Secretary pursuant to Health and Safety Code Section 25404.3(f)(2) to determine what agency, if any, should be the- successor CUPA. Page 4 SECTION XII: EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be an original, - but all of which shall constitute one and the same instrument. SECTION XIII: EF + + CTIVE DATE A. This Agreement is only effective for those Agencies who have authorized and duly. executed this Agreement. This Agreement will become effective on March l , 1997 or on the date when any two signators are .certified to implement the Unified Program, which ever is later. B. This Agreement shall not be effective as to any signator Agency until such Agency is certified to implement the Unified Program. C. Any other applicant agency subsequently certified as a CUPA in Los Angeles County may become a party to this Agreement by authorizing .and duly executing this Agreement. Page 5 IN WITNESS WI~REOF, the City of Los Angeles, the City of Santa Monica, the -City of Santa Fe Springs, the City of Vernon, the City of Glendale and the Long Beach-Signal Hill Unified Program Agency, a JPA, have caused this Agreement to be executed by the Mayor or other duly appointed officer of each City or JPA; and the Board of Supervisors of the County of Los Angles, by its Chair and attested by its Clerk have caused this Agreement to be executed, on the day, month and year noted herein below. AGENCY: City of Vernon BY: y Leonis C. Malburg, Ma or . ~ ~ ATTEST. Bruce V. Malkenhorst, City Clerk DATE: ~o?~' f ~ APPROVED AS TO FORM: BY; ~ C~J ~ d~i David B. Brearley TITLE: City Attorney