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FIFTH AMENDED JOINT EXERCISE OF POWERS <br />AGREEMENT OF THE ORANGE COUNTY -CITY HAZARDOUS <br />MATERIALS EMERGENCY RESPONSE AUTHORITY <br />This Fifth Amended Joint Exercise of Powers Agreement is made by, and is effective if fully <br />executed by authorized representatives of all of the following public entities: <br />(1) City of Huntington Beach <br />(2) City of Anaheim <br />RECITALS <br />A. The County of Orange has, pursuant to the provisions of Article 3.5, Chapter 6.5 of <br />Division 20 of the Health and Safety Code of the State of California, adopted the Orange County <br />Hazardous Waste Management Plan ( "Management Plan ") and all cities within the County have approved <br />the Management Plan, either expressly or by operation of law. <br />B. As one of its objectives, the Management Plan calls for continued prompt and efficient <br />response to Hazardous Materials emergencies and proposes to achieve this objective by continuing to <br />provide emergency response service for spills, illegal dumping and other incidents involving Hazardous <br />Materials and waste, through the County's own forces and /or response teams maintained by other public <br />entities within the County. <br />C. The Orange County Fire Chiefs Association, in conjunction with the State of California's <br />Hazardous Materials Team Typing, has evaluated the staffing levels, training, and equipment that must <br />be maintained, and the procedures which must be followed, to effectively and properly respond to <br />Hazardous Materials emergencies throughout the County. <br />D, The signatories to this Agreement currently provide Hazardous Materials Emergency <br />response services throughout the County and desire to continue to provide these services through ajoint <br />-I- <br />