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Last modified
3/21/2024 5:55:38 PM
Creation date
10/20/2023 10:44:51 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/2/2023
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EAST BAY DISCHARGERS AUTHORITY POLICY <br /> <br />Page 1 of 2 <br /> <br />POLICY NUMBER: 1.8 <br />______________________________________________________________________ <br />NAME OF POLICY: Finance – Emergency Reserves <br />______________________________________________________________________ <br />LAST REVISED: November 18, 2021 <br />PREVIOUSLY REVISED: NA <br />______________________________________________________________________ <br />PURPOSE: The purpose of the Finance – Emergency Reserves Policy is to ensure that <br />EBDA will reliably and expeditiously be able to access funds in the event of <br />an emergency. <br />______________________________________________________________________ <br />POLICY: Each member of the EBDA Joint Powers Authority is financially responsible <br />for its share of EBDA’s expenses and liabilities, as laid out in EBDA’s <br />Amended and Restated Joint Exercise of Powers Agreement (JPA). As <br />such, the Member Agencies serve as a financial backstop for EBDA, and it <br />is key to EBDA’s continued efficacy that EBDA be able to efficiently access <br />Member Agency funds in the event of an emergency. <br /> <br /> It is the policy of the Authority that each Member Agency and LAVWMA <br />shall retain in its reserves sufficient assets to provide emergency funding to <br />EBDA in the event that the Authority’s required expenditures exceed <br />available funds. Such a request may be made, for example, if significant <br />emergency repairs to Authority infrastructure are required as a result of an <br />unforeseen event such as an earthquake. <br /> <br /> Section 10(c)(5) of EBDA’s Amended and Restated JPA governs <br />“Allocation of Costs of Repairing Failure of the Transport System,” and <br />states: <br /> <br /> “Depending on the extent of the Failure, it is likely that the Authority will not <br />have sufficient funds in its reserve to pay for the repairs or abandonment <br />and will require funds from the financially responsible Agencies, based on <br />the allocations set forth above, in advance of performing any repair or <br />abandonment. The Authority need not exhaust its reserve before requiring <br />advance payment as described in this subsection.” <br /> <br /> Similarly, the Amended and Restated Master Agreement with LAVWMA <br />states: <br /> <br /> “LAVWMA is responsible for its share of costs for any capital project that is <br />intended to replace or repair any EBDA facility, except those costs
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