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<br /> <br />________________________________________________________________________ <br />October 9, 2012 <br /> <br />TO: Waste Management Authority (WMA) Member Agency Chief Executives <br />FROM: Gary Wolff, Executive Director <br />SUBJECT: Request regarding an amendment to the WMA Joint Powers Agreement (JPA) <br /> <br />The Strategic Workplan adopted by the Boards in 2010 directed staff to perform a governance review <br />over a two year time period. During that review we found one item deserving of revision in the current <br />JPA (see: http://www.stopwaste.org/docs/joint_powers_agreement_updated_10-13-08.pdf ). <br /> <br />Section 8, ("RESTRICTIONS UPON EXERCISE OF POWER OF BOARD") is a standard <br />'boilerplate' clause used in most JPAs to make clear that the JPA is not authorized to exercise its <br />powers in contravention of law. However, most JPAs also include a sentence that specifies which <br />member agency legal limitations apply if the boundaries of what is legal vary from member agency to <br />member agency (e.g., limits on procurement practices). In the absence of such a sentence, the most <br />stringent rule of any member agency applies, which in practice might be difficult to ascertain. We have <br />historically used the County's rules unless we knew of a more stringent member agency rule. On the <br />advice of legal counsel, we are asking that this ambiguity be eliminated. <br /> <br />The specific request is to approve adding two sentences at the end of Section 8: "The manner of <br />exercising powers granted by this Agreement shall be subject to the same restrictions as imposed upon <br />the County of Alameda. If at any time the County of Alameda is not a party to this Agreement, the <br />manner of exercising powers granted by this Agreement shall be subject to the same restrictions as <br />imposed upon the largest city within Alameda County that is a Waste Management Authority <br />member." <br /> <br />A model resolution approving this change is attached. <br /> <br /> <br />Att: model resolution amending the WMA JPA <br />Attachment 1