Resolution No. 90111
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RESOLUTION NO. 9011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT OF SOUTHEAST WATER COALITION JOINT
POWERS AGREEMENT WITH VARIOUS GOVERNMENTAL AGENCIES
WHEREAS, the Southeast Water Coalition ("SEWC") was created
in 1991 in response to the inaction by the United States Environmental
Protection Agency to commence clean-up of the San Gabriel Basin and the
Whittier Narrows area, the outlet of the San Gabriel Basin into the
Central Basin; and
WHEREAS, on February 21, 1995, the City Council of the City
of Vernon adopted Resolution No. 6589 approving (i) the execution of a
Joint Powers Agreement ("JPA") effective as of July 1, 1991, that
created the SEWC and (ii) the execution of an Amendment to SEWC JPA No.
91-492 to extend the term of the JPA; and
WHEREAS, on March 7, 1995, the City Council of the City of
Vernon adopted Resolution No. 6594 appointing the City's
representatives to serve on the policy board of the SEWC, to attend
board meetings and committee meetings held by the Replenishment
District of Southern California, and to attend board meetings and
committee meetings held by the Central Basin Municipal Water District;
and
WHEREAS, on July 20, 2005, the City Council of the City of
Vernon adopted Resolution No. 8814 approving an Amendment and Complete
Restatement of the SEWC JPA to expand its powers to include the
authority to aggregate and administer water programs to serve the
Dublic interest and to extend the term of the JPA to June 30, 2030,
pith automatic renewal for subsequent terms of 25 years, in order to
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protect the water supply quality and quantity and to continue its
efforts to protect the Central Basin by containing migrating
contamination before it poisons the Central Basin and stemming
Ilcontamination at its sources in the San Gabriel Basin; and
WHEREAS, member cities of the SEWC desire to amend the JPA to
11increase the number of voting members in the SEWC JPA Technical
�jAdvisory Committee/Administrative Entity to allow all members the
opportunity to fully participate as voting members on the committee;
and
WHEREAS, the Director of Community Services & Water has
recommended that the City approve the amendment to provide full
participation by member agencies in the SEWC JPA in order to facilitate
dealing with local and regional issues as they pertain to water
quality, water supply and related regulatory concerns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment of Southeast Water Coalition Joint Powers
Agreement with various governmental agencies, a copy of which is
attached hereto as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Amendment for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
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directs the Acting City Clerk, or his designee, to send a copy of the
executed Amendment to:
John F. Crawley, Chairman of the Board
Attn: Joe Holdren
SEWC JPA
18125 Bloomfield Avenue
Cerritos, CA 90703
SECTION 5: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 5th day of April, 2006.
ATTEST.
BRU . V. ALKENHORST, JR.
Acting City Clerk
EONIS C. LBURG, Mayor
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1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City
4
5 of Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 9011, was duly adopted by the City Council of the City
7 of Vernon at a regular meeting of the City Council duly held on
8 Wednesday, April 5, 2006, and thereafter was duly signed by the Mayor
9 of the City of Vernon.
10 Z—��
11 BRUCE V. UALKENHORST, JR.
Acting City Clerk
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VJ/JV/GUUV 14:U4 r'Ad s23 826 1438 CITY CLERK'S OFFICE
0 002
AMENDMENT OF
SOUTHEAST WATER COALITION
JOINT POWERS AGREEMENT
That certain Joint Powers Agreement entered into by and between the
cities of Cerritos, Commerce, Downey, Huntington Park, Lakewood, Norwalk,
Paramount, Pico Rivera, Santa Fe Springs, South Gate, Vernon, and Whittier,
each a municipal corporation ("Members"), is hereby amended by amending
ADMINISTRATIVE ENTITY, Section 8, to read as follows:
ADMINISTRATIVE ENTITY
8. Appointment. The Policy Board shall appoint the members of the .
Administrative Entity to carry out the policies of the Coalition. The Administrative
Entity shall consist of:
a. One representative from each member of the Coalition, each of whom
shall be an employee of the respective Member.
b. Three (3) members, who shall be employees of any private water
purveyors or regulated public utilities providing retail water service
within the Basins.
c. One (1) ex-officio, non -voting advisory member nominated by the
California Department of Water Resources.
A quorum of the Administrative Entity shall consist of a majority of voting
members, and a majority of voting members shall be required to take action.
Each member of the Administrative Entity shall serve at the pleasure of the
Policy Board. The Administrative Entity shall select such officers as shall be
reasonable for the conduct of its affairs.
Except as amended herein, all terms of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, this Agreement is executed by the Parties as follows:
City of
Mayor
ATTEST:
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Eric Fresch, Acting City ) Administrator
FROM: Samuel Kevin Wilsoni, irector of Community Services and Water
DATE: January 3, 2007
SUBJECT: Southeast Water Coalition - JPA Agreement
W-6
As you are aware, the Vernon City Council adopted Resolution No. 9011, which authorized the
execution of an Amendment and Complete Restatement of the Southeast Water Coalition (SEWC) Joint Powers
Authority (JPA) Agreement. Apparently, the above -mentioned agreement was not executed. Attached you will
find the Amendment and Complete Restatement of the Southeast Water Coalition (SEWC) Joint Powers
Authority (JPA) Agreement which must be signed by the appropriate City representatives in order to finalize the
agreement. Please have the agreement executed in duplicate and one original forwarded to the SEWC: Attention
Gene Daniels, Chair, SEWC JPA Board of Directors, City of Paramount, 16400 Colorado Avenue, Paramount
CA, 90723-5012. Thank you.
SKW/sr
Enclosures
Rk*S WY�HW=WCAnr =t-Aganenl OYdoc
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA '
Mayor Pm -Tern
WM. "BILL" DAVIS /
Councilman /
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK 4305 Santa Fe Avenue, Vernon, California 90058
Councilman Telephone (323)583-8811
January 24, 2007
SEWC JPA Board of Directors
City of Paramount
Attn: Gene Daniels, Chair
16400 Colorado Avenue
Paramount, CA 90723-5012
MARK C. WHITWORTH
Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
City Treasurer
DONAL O'CALLAGHAN
Director of Light & Power
Re: Amendment and Complete Restatement of Southeast Water Coalition
Joint Powers Agreement
Dear Mr. Daniels:
Transmitted herewith is a fully executed Amendment and Complete
Restatement as referenced above, approved by City Council on April 5,
2006, through Resolution No. 9011.
I f, ;you
[ Elson,
V
's
NG:dr
have any questions regarding this matter, please call Mr. Kevin
at (323) 583-8811 ext. 245.
c: Kevin Wilson
Resolution No. 9011
Agreement File No. 06-040
Very truly yours,
A.ellyr n
Acting City Clerk
T-Ardugivery jubugtdal
AMENDMENT AND COMPLETE RESTATEMENT OF
SOUTHEAST WATER COALITION
JOINT POWERS AGREEMENT
That certain Joint Powers Agreement entered into by and between the cities of
Cerritos, Commerce, Downey, Huntington Park, Lakewood, Norwalk, Paramount, Pico
Rivera, South Gate, Vernon, and Whittier and the Water Replenishment District of Southern
California, each a municipal corporation ("Original Members'), is hereby amended and
restated to read as follows:
"RECITALS
WHEREAS, each of the parties to this Agreement is a local government entity
functioning within the County of Los Angeles;
WHEREAS, pursuant to the Joint Exercise of Powers Act (Chapter 5 of Division 7 of
Title 1 of the California Government Code), two or more public agencies may by agreement
jointly exercise any power held by the agencies entering into such agreement;
WHEREAS, The Parties are purveyors of potable water, are responsible for the
supply of water, or are otherwise concerned about public water supplies;
WHEREAS, the Parties each desire to improve the quality and quantity of water in
the region;
WHEREAS, each city which is a Party hereto has under its police power the authority
to regulate groundwater, and to engage in the storage and recovery thereof;
WHEREAS, the statutory authority of the Water Replenishment District of Southern
California is limited to storage of groundwater for replenishment purposes, and does not
extend to storage of groundwater by individual parties for future use, nor to the regulation
thereof,
WHEREAS, the Superior Court of California in and for the County of Los Angeles,
in the case of Central and West Basin Water Replenishment District v. Adams, LASC Case
No. 786656 and the case of California Water Service Co., et al. v. City of Compton, LASC
Case No. 506806 (the ("Adjudications"), has fixed and determined the rights of various
parties to extract groundwater for beneficial use within Central Basin and the West Coast
Basin (collectively, the "Basins"));
WHEREAS, the court has retained the jurisdiction within each of the Adjudications to
fix and determine the rights of parties to store and extract groundwater from the Basins for
future use;
WHEREAS, under the Adjudications, the court has appointed the California
Department of Water Resources as its Watermaster, for the purpose of overseeing the
management of groundwater resources within the Basins
WHEREAS, a regional program of groundwater storage and recovery, which is
administered by the court and coordinated through its Watermaster, is in the best interest of
the Basins, the Parties, and the public they serve;
WHEREAS, the formation of a joint powers authority is independently authorized by
state law;
WHEREAS, the Parties find that it is to their mutual advantage and benefit, and in the
public interest, to establish a joint powers authority for the purpose of maintaining the quality
and quantity of groundwater, to implement groundwater management policies as determined
by the court, and to protect and enhance the storage of water for the benefit of local interests;
and
WHEREAS, the Parties desire to use their common groundwater management powers
and powers to store and recover water that are necessary and appropriate to further the
purposes for which the joint powers authority is being established,
NOW, THEREFORE, in consideration of the promises, terms, conditions, and
covenants contained herein, the Parties agree as follows:
Incorporation of Recitals. The foregoing recitals are incorporated by reference.
2. Purposes. This Agreement is made pursuant to the provisions of Article I,
Chapter 5, Division7, Title I of the Government Code of the State of California (commencing
with Section 6500), relating to the joint exercise of powers common to the public agencies.
The Parties are each empowered to exercise the powers within this Agreement. The Parties
will exercise their powers jointly for the following purposes:
a. to maintain groundwater quality within the Basins;
b. to maintain secure groundwater supplies within the Basins;
c. to manage the use of groundwater within the Basins;
d. to coordinate efforts among Watermaster and entities proposing to store water
within the Basins for future recovery;
e. to facilitate the implementation of a conjunctive use program by water purveyors;
f. to coordinate efforts among local entities and Watermaster to devise and
implement strategies to safeguard groundwater quality;
g. to work cooperatively with Watermaster, the Water Replenishment District of
Southern California, and other entities to promote coordination of policies and
activities throughout the region.
3. Establishment. There is established pursuant to the Joint Exercise of Powers Act
a joint powers authority which shall be a public entity separate from the parties to this
Agreement. The name of such entity shall be the Southeast Water Coalition ("Coalition").
The Coalition shall carry out its functions through a Policy Board and an Administrative
Entity as defined in this Agreement.
4. Term. The formation of the Coalition became effective July 1, 1991 upon each of
the Original Parties' execution of the Joint Powers Agreement of that date ("Original
Agreement"). The term of the Original Agreement was extended by subsequent amendment.
By this Restated Agreement, the term of this Agreement is extended to June 30, 2030, and
will be automatically extended for subsequent terms of twenty-five (25) years, except upon
the affirmative vote of three-quarters (3/4) of the Policy Board. In the event not all of the
Original Parties execute this Restated Agreement, it shall nonetheless be binding on those
who do execute this Restated Agreement.
5. Meetings. The Coalition shall provide for regular and special meetings of any
entity established hereunder, in accordance with the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code)
or with any successor provision. Minutes shall be kept of all meetings of the Policy Board
and of the Administrative Entity. Copies of minutes shall be forwarded to all members of the
Coalition.
6. Exercise of Powers. Pursuant to and to the extent required by Government Code
Section 6509, the Coalition shall be restricted in the exercise of its powers in the same manner
as the City of Downey is restricted in its exercise of similar powers; provided that, if the City
of Downey shall cease to be a member, then the Coalition shall be restricted in the exercise of
its power in the same manner as the City of Cerritos.
POLICY BOARD
7. Membership of the Policy Board. The governing body of the Coalition shall be a .
Policy Board made up of a representative of each participating public entity, which need not
be a member of the legislative body of the public entity. The Policy Board shall oversee the
activities of the Administrative Entity and shall act in concert with the courts, the State of
California, the United States, and any other pertinent agencies in matters pertaining to
improvement and protection of the quality and quantity of water in the Basins, and to
implement groundwater storage and management policies.
a. Appointment. The legislative body of each of the participating public entities shall
appoint one Policy Board member and one alternate Board member.
b: Term. Each member and alternate of the Policy Board shall serve a two-year term.
Board members and alternates may be removed at any time by the appointing
legislative body. Vacancies during a term and successors following expiration of
the term of any member shall be filled in the same manner as the original
appointment.
c. Compensation. Members shall receive the lesser of $150.00 per meeting attended
or the maximum allowed by state law.
d. Voting. Each member shall have one vote. If a Policy Board member cannot
attend a meeting, the alternate attending shall be fully empowered to act as the
Policy Board member for the meeting so attended.
e. Responsibilities. It shall be the responsibility of the Policy Board to:
1. Determine general policy for Coalition activities.
2. Act on behalf of all member public agencies ("Members") in adopting
strategies to pursue the Purposes of the Coalition as set forth in Section 2
of this Agreement.
3. Approve a budget to expend funds on development of water improvement
alternatives, groundwater storage and recovery, lobbying activities (if
required), and any other lawful purpose.
4. Ensure that programs are in the best interest of the residents of the area
overlying the Basins.
5. Authorize expenditures of funds for the above purposes.
6. Share costs equally among the Members.
Approve or deny applications from non-member public agencies for
admission to the Coalition.
8. Adopt bylaws, rules and regulations governing the affairs of the Coalition.
f. Meetings. The Policy Board shall provide for its regular and special meetings,
provided however that it shall hold at least one regular meeting in each year and
such additional meetings as may be necessary.
g. Quonrm. A Majority of the Policy Board must be present to constitute a quorum.
No action will be valid unless it receives the affirmative vote of the majority of
those present, except that action to admit a new Member or to expel an existing
Member must receive the affirmative vote of three-quarters (3/4) of the entire
Policy Board.
h. Lead Agency. The Policy Board shall select the Lead Agency for the Coalition.
The City Manager or General Manager of the Lead Agency City shall be and act as
the Secretary for the Coalition. The Director of Finance of the Lead Agency shall
be and act as the Treasurer and Auditor of the Coalition pursuant to Government
Code Section 6506.6. Pursuant to Government Code Section 6501.1, the Secretary
and Treasurer shall have charge of the property of the Coalition and each shall file
a bond in the penal sum often thousand dollars ($10,000.00). The Policy Board
may change the Lead Agency at any time. In such event, the officers of the new
Lead Agency shall serve as the respective officers of the Coalition.
i. Organization. The Policy Board shall elect a chair, a vice chair, and such other
officers as the Board shall find appropriate. The Board shall appoint an executive
director, treasurer, controller, clerk and legal counsel as it deems appropriate. The
controller of the Coalition shall cause an independent annual audit of the
Coalition's finances to be made by a certified public accountant in compliance
with Government Code Section 6505. The treasurer of the Coalition shall be the
depositor and shall have custody of all money of the Coalition from whatever
source. The controller of the Coalition shall draw warrants to pay demands against
the Coalition when the demands have been approved by the Coalition or by its
authorized representative pursuant to any delegation of authority adopted by the
Coalition. The treasurer and controller shall comply strictly with the provisions of
statutes relating to their duties found in Chapter 5 (commencing with Section
6500) of Division 7 of Title 1 of the Government Code. Each officer shall serve
for a term of one (1) year unless sooner terminated at the pleasure of the Board.
The Board may adopt from time to time such rules and regulations for the conduct
of its affairs as it deems necessary and appropriate.
j. Property of Coalition. Pursuant to Government Code Section 6505.6, the Policy
Board shall designate an officer or employee, or officers and employees, to
receive, deposit, invest, and disburse the property of the Authority pursuant to
Government Code Sections 6505 and 6505.5. The Policy Board shall fix the
amount of the fidelity bond to be filed by such public officer(s) and/or
employee(s).
ADMINISTRATIVE ENTITY
8. Annointin . The Policy Board shall appoint the members of the Administrative
Entity to carry out the policies of the Coalition. The Administrative Entity shall consist of
nine (9) members, as follows:
a. Five (5) members, who shall be employees of any of the Members, provided that
no single Member shall have more than one employee on the Administrative
Entity.
b. Three (3) members, who shall be employees of any private water purveyors or
regulated public utilities providing retail water service within the Basins.
c. One (1) member nominated by the California Department of Water Resources.
A quorum of the Administrative Entity shall consist of five (5) members, and five (5) votes
shall be required to take action. Each member of the Administrative Entity shall serve at the
pleasure of the Policy Board. The Administrative Entity shall select such officers as shall be
reasonable for the conduct of its affairs.
POWERS AND FUNCTIONS OF THE COALITION
9. Powers and Functions. Subject to the limitations set forth below, the Coalition,
acting through its Policy Board and Administrative Entity, shall have any and all powers
commonly held by the Members necessary or appropriate to regulate groundwater within the
Basins including, but not limited to, the following powers:
a. Collect and monitor data on the extraction of groundwater from, and the quality of
groundwater in, the Basins, including an evaluation of any proposals to store and
recover water;
b. Establish and administer a conjunctive use program in coordination with the court
and with Watermaster for the purpose of maintaining water supplies and managing
storage programs in the Basins;
c. Buy and sell water on other than a retail basis;
d. Spread, sink or inject water in order to store it for future recovery;
e. Exchange water;
f. Store, transport, recapture, recycle, purify, treat or otherwise manage and control
water for the beneficial use of persons and property within the area of the Basins;
g. Serve as Storage Program Administrator or similar function as may be designated
by the court pursuant to either of the Adjudications;
h. Appoint a Program Review Committee for the purpose of evaluating groundwater
storage proposals;
i. Study and plan ways and means to implement any or all of the foregoing powers.
10. Co prirate and Political Powers. For purposes of exercising the authority, and
subject to the limitations contained in this Agreement, the Coalition shall have the following
corporate and political powers:
a. To sue and be sued in all actions and proceedings in all courts and tribunals.
b. To adopt a seal and alter it in its discretion
c. To take by grant, purchase, gift, devise or lease, to hold, use and enjoy, and to
lease, convey or dispose of, real and personal property of every kind, within or
without the boundaries of the members of the Coalition, necessary or convenient
to the full exercise of its power.
d. For the common benefit of the Coalition and the retail water customers in the
Basins, to store water in underground water basins or reservoirs within or outside
the boundaries of the members of the Coalition, to appropriate water and acquire
water rights within or outside the Coalition, to import water into the area
overlying the Basins, and to conserve, or cause the conservation of, water within
or outside the Coalition.
e. To exercise the right of eminent domain to take any property necessary to supply
the Coalition, any Member or water agency with water; provided that the right of
eminent domain may not be exercised with respect to water and water rights, and
may not be exercised with respect to any property owned or occupied by any of
the Members.
To act jointly with, or cooperate with the United States or any agency thereof, the
state, or any county or agency thereof, or any political subdivision or district
therein, including water replenishment districts, municipal water districts, private
and public corporations, and any person, so that the powers of the Coalition may
be fully and economically exercised.
g. To cause taxes, assessments, fees or charges to be levied in accordance with
applicable state law to accomplish the purposes of the Coalition.
h. In conjunction with the court and the Adjudications, to require the permitting of
groundwater storage and recovery programs within the Basins.
To make contracts, employ labor, and do all acts necessary for the full exercise of
the Coalition's powers.
j. To carry out technical and other investigations of all kinds necessary to further
the purposes of the Coalition.
k. To fix rates at which water acquired by the Coalition shall be sold for any
purpose, and to establish different rates for different classes of service.
1. To allocate, apportion and distribute benefits received by the Coalition among
entities providing retail water service within the boundaries of the Basins.
m. To apply for, accept and receive state, federal or local licenses, permits, grants,
loans or other aid from any agency of the United States, the State of California, or
other public or private entity necessary or appropriate for the Coalition's full
exercise of its powers.
n. Finance, through the issuance of bonds or other financial instruments of
indebtedness, funds necessary or convenient for the implementation of this
Agreement.
o. Incur debts, liabilities, or obligations.
p. Purchase insurance for the Coalition.
q. Invest money in the treasury of the Coalition in the same manner and on the same
conditions as local agencies pursuant to Government Code Section 53601.
r. Exercise all other powers necessary and proper to carry out the provisions of this
Agreement.
11. Limitation. The Coalition shall have no power to regulate land use or to engage
in the retail sale of water and shall be prohibited from restricting or otherwise limiting the
extraction of groundwater within the boundaries of the Basins except consistent with the
Adjudications. The Coalition shall be prohibited from funding any capital construction
projects.
12. Contributions. Each Party executing this Restated Agreement shall contribute ten
thousand dollars ($10,000.00) to the Coalition within thirty (30) days after execution of this
Restated Agreement. The Policy Board shall establish the amount of initial contribution
which shall be due from new members, at the time when the Policy Board approves the
admission of the new member. The Policy Board may require additional contributions upon
the approval of a majority of the Policy Board. Contributions shall be assessed against
Members on an equal basis, or upon such other basis as may from time to time be determined
by three quarters (3/4) of the Policy Board. Within thirty (30) days of the action of the Policy
Board, each Member that does not withdraw from the Coalition during the thirty (30) day
period shall thereupon make the required contribution.
13. Additional Parties. Additional members, which shall be municipal corporations
orpublic districts, may be admitted upon vote of the Policy Board as provided in Section
7(e)(7). Upon admission, new Members shall execute this Agreement.
14. Accounts. Reports, and Audits. The following procedures are designed to insure
strict accountability of all funds of the Coalition and to provide for accurate reporting of
receipts and disbursements of said funds:
a. The Auditor of the Coalition shall either prepare or contract with a certified
public accountant to prepare an annual audit of the accounts and records of the
Coalition. The minimum requirements of such audit shall be those prescribed by
the State Controller for special districts under Section 26909 of the Government
Code and shall conform to generally accepted accounting principles.
b. A report of said audit shall be filed as a public record with each agency and also
with the county auditor of Los Angeles County. Such report shall be filed within
six (6) months of the end of the fiscal year or years under examination.
15. Obligation for Debts and Liabilities and Distribution of Assets. Any party to this
Agreement shall not be responsible for any of the debts, liabilities, or obligations of the
Coalition. All such debts, liabilities or obligations shall exclusively be those of the Coalition.
a. Each member agrees to indemnify, save and defend the Authority and all other
Members harmless from and against all claims, losses, and damages, including
legal fees and expenses, arising out of any breach or default on the part of such
Member in performance of any of its obligations under this Agreement, or any act
or negligence of such Member or any of its agents, contractors, servants,
employees or licensees with respect to this Agreement. No indemnification is
made under this Section for claims, losses or damages, including legal fees and
expenses, arising out of the willful misconduct, negligence or breach of duty
under this Agreement by the Coalition or a Member or their officers, employees,
agents or contractors.
b. The members of the Policy Board and any officer, employee, contractor, or agent
of the Coalition shall use ordinary care and reasonable diligence in the exercise of
their power and in the performance of their duties under this Agreement.
c. Funds of the Coalition may be used to defend, indemnify, and hold harmless the
Coalition and any member of the Policy Board, and any employee of the
Coalition for their actions taken within the scope of their duties while acting on
behalf of the Coalition. Nothing herein shall limit the right of the Coalition to
purchase insurance to provide such coverage as is hereinabove set forth.
16. Withdrawal by a Member. Any Member may withdraw upon thirty (30) days
written notice given to the Policy Board. At least thirty (30) days prior to providing such
written notice, and as a condition thereof, the withdrawing Member shall pay all unpaid
contributions that were approved by the Policy Board greater than sixty (60) days prior to the
date of such notice. No Member may withdraw so long as the Coalition has any outstanding
contractual obligations or other indebtedness.
17. Termination. Upon termination of the Coalition, all of its then existing assets
shall be divided and distributed for public purposes in such manner as shall be determined by
a vote of three-quarters (3/4) of the Policy Board, provided, however, that this Agreement and
the Policy Board shall continue to exist for the purposes of disposing of all claims, the
administering the distribution of assets, and performing any other functions necessary to
conclude the affairs of the Coalition. This Agreement may not be terminated by any member
so long as the Coalition has any outstanding contractual obligations or other indebtedness.
18. Amendment. This Agreement may be amended by the affirmative vote of three
quarters (3/4) of the Members.
19. Counterparts. This Agreement may be executed in counterparts, which together
shall constitute the same agreement.
EXECUTED on the MG/day of January 2007.
CITY OF VERNON
LE NIS C. MALBUR , Mayor
Acting City Clerk
AS TO FORM:
JeVI (Hallrison, Acting City Attorney
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