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i. Franchise and Resource Management Agreements <br /> This Joint Powers Agreement does not modify, cancel and/or defer any rights or <br />duties of any party to this Agreement pursuant to franchise agreements between such party and <br />its franchisee. Particularly, this Joint Powers Agreement shall have no effect on the rights or <br />duties of a party to this Agreement with regard to priority in any landfill and/or the rights of any <br />such party to extract recyclable materials from the waste stream. <br /> <br />j. Facility Development <br /> The Agencies agree that the Authority shall have the power to plan, develop and <br />implement countywide or regional facilities and countywide systems of subregional facilities <br />designed to complement the Agencies’ Integrated SRRE’s and to achieve the goals and <br />objectives of the County Integrated Waste Management Plan. It is understood in undertaking <br />such facilities that those which are not designed to service the entire County shall be the subject <br />of separate agreements between the Agencies concerned. In general, subregional facility <br />agreements shall provide for financial arrangements and liabilities. The Authority may <br />participate in such separate agreements if approved by the Board of the Authority. Costs and fees <br />arising through such agreements shall be specific to the Agencies participating in said agreement, <br />and non-participating Agencies and their rate payors shall not incur costs related to the special <br />agreement. Fee implementation pursuant to these special agreements shall be independent of and <br />not subject to the schedule set forth in this Agreement for fees levied by the Authority. <br /> <br />k. Fee Implementation Procedure <br />Except as provided herein, the Authority shall, prior to July 1st of each year, <br />consider increases to current fees, or the imposition of new fees, which affect rates for municipal <br />solid waste collection and disposal. Each affected member Agency shall be notified by July 15th <br />of the action taken. The effective date of any increase shall not be earlier that the following <br />January 1st. In the event that a fee adjustment is required on a different schedule, the Authority <br />shall obtain approval as follows: Two-thirds of the Agencies which are affected, or whose <br />ratepayers are affected, by the fee must approve of such action prior to implementation of a new <br />fee or any increase in an existing fee. After forty-five days from Authority approval of a fee <br />adjustment, if any agency has not, in writing, expressed its disapproval, it shall be deemed that <br />the Agency has given its approval. <br /> <br />14. Amendments <br />This Agreement may be amended by the affirmative vote of the governing bodies <br />of not less that two-thirds of all member Agencies. <br /> <br />15. Notices <br />All notices to Agencies shall be deemed to have been given when mailed to the <br />governing body of each member agency. <br /> <br />IN WITNESS WHEREOF, each Agency has executed approval of this <br />Agreement and filed said approval with the Clerk of the County of Alameda and said signatures <br />are listed below or attached hereto. <br /> <br /> <br />(see the following attachments) <br /> <br /> <br /> <br />Attachment 3