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<br />5.3C <br />Page 14 <br /> <br />SECTION 3.5 OF JOINT EXERCISE OF POWER AGREEMENT <br /> <br />OF THE SOUTH BAYSIDE SYSTEM AUTHORITY <br />(Version Currently In Effect as of 4/3/08) <br /> <br />Section 3.5. Manager. The Commission shall appoint a Manager of the <br /> <br />Authority at the time provided for in Section 5.1. The Manager shall have <br /> <br />power: <br /> <br />(a) to participate in the design of Stage 1 of the Project; <br /> <br />(b) except as otherwise provided in clause (d) of this section, to <br /> <br />execute any contract for capital costs, costs of special services, equipment, <br /> <br />materials, supplies, maintenance or repair that involves an expenditure by <br /> <br />the Authority of not more than $10,000; or any contract with any consultant <br /> <br />(other than the engineers or any labor relations consultant) for services the <br /> <br />cost of which is included in the budget for the then current fiscal year and <br /> <br />which involve an expenditure by the Authority of not more than $10,000; <br /> <br />( c) to employ all personnel of the Authority required for <br /> <br />maintenance and operation of the Joint Facilities and all other employees <br /> <br />authorized by the Authority's budget or by the Commission and, subject to <br /> <br />approval of the Commission, all personnel of the Authority required to be <br /> <br />employed in connection with the design of Stage 1 of the Project; but the <br /> <br />manager shall have no power to employ the engineers or any labor relations <br /> <br />consultant or (except as provided in paragraph (b) of this section) any other <br /> <br />consultants or advisers to. the Authority or any certified public accountants <br /> <br />or public accountants of the Authority. <br /> <br />U:\!!SBSA\Original JPA Agreements\Amendments 2008\JPA Section 3.5 Attach - JPA SuppV-MemAgen Ltr <br />042008.doc <br />