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File Number: 19-578 <br />The agreement that created the EBDA JPA has been amended three times since its inception. <br />The term of the current agreement ends on January 1, 2020. The member agency managers and <br />Commission members of EBDA have been negotiating for about the last four years on an <br />amendment to extend the agreement for an additional 20 years. <br />The EBDA Commission has approved two amendments and recommends that the governing <br />bodies of each agency authorize their execution. The first (Amendment Four) would simply extend <br />the term of the current agreement for six months, until June 30, 2020. This would allow EBDA staff <br />and the member agencies time to prepare for the updated amendment and aligns the term with <br />the fiscal year. The second amendment (Amendment Five) is a substantial restatement of the <br />agreement with a term ending June 30, 2040. Note that Amendment Five attached to the <br />Resolution contains blanks for the dates of Amendment Four. These will be filled in with the date <br />that Amendment Four is fully ratified. <br />Analysis <br />The amended agreement makes changes to the governance, funding, and other terms. The <br />changes most relevant to the City are: <br />·The City will take ownership of the discharge pump station at the Water Pollution Control <br />Plant (WPCP) and the pipeline between the Plant and the Marina Dechlorination Facility. <br />The City will take direct responsibility for maintenance of these facilities, with funding <br />derived from the WPCP’s Wastewater Utility Fund. <br />·Currently, the City shares in the cost of the entire system. Under the amended agreement, <br />the City will no longer pay for costs related to the pump stations and pipelines for the other <br />agencies, which are located south of the Marina Dechlorination Facility. <br />·Each member agency has agreed to a maximum discharge flow rate. This maximum rate <br />is used to set the percent of EBDA expenses for which each agency is responsible. Any <br />flow rate greater than the maximum will be subject to an overage charge, with one free <br />incident each fiscal year. The City agreed to a maximum flow rate of 14 million gallons per <br />day (MGD) and is very unlikely to exceed this amount. <br />·Currently, each agency has an equal vote on the Commission, with some votes requiring <br />unanimous agreement (e.g. budget approval, special studies and changes to the <br />agreement). Other decisions, such as for contracts and policies, require four votes. In the <br />proposed amended agreement, nearly all decisions will require both a majority of the <br />members and greater than 50% of a weighted vote based on maximum discharge flow of <br />the member agency. Certain important decisions, including amendment or termination of <br />the amended agreement and changes to the ownership of JPA facilities, will still require a <br />unanimous vote. <br />Board/Commission Review and Actions <br />The EBDA Joint Powers Authority Commission approved the amendments at the October 29, <br />2019 Commission meeting. <br />Fiscal Impacts <br />Page 2 City of San Leandro Printed on 11/13/2019 <br />84