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<br />7A <br />Page 18 <br /> <br />ATTACHMENT 1 <br /> <br />3. The Executive Committee's role in contract negotiations with the shortlisted Facility <br />. Operations fmns will be increased to provide direct oversight of the process;" <br /> <br />SBWMA Hires External Consultant <br /> <br />The consultant's analysis was based primarily on interviews with the committee members, not on <br />written documents. He found that the RFP evaluators submitted combined. scores, which. did not <br />distinguish the point allocation between what were "competitivenessn points and what were <br />'.reasonablenessn points in the RFP scoring process. <br /> <br />Governance Structure of the SBWMA <br /> <br />The Joint Powers Agreement (JP A) for the SBWMA defines the governance structure of the <br />organization. Sectio'n 8.1 of the current SBWMA lPA states: <br /> <br />,~rThe SBWMA shall be governed and administered by a Board of Directors composed of one <br />Director from each Member. The Board shall exercise all powers and authority on behalf of <br />the SBWMA. Each member must select its Director or the Director's designee alternate <br />from among the following positions: <br /> <br />a. County, District, City or Town Manager or the equivalent position. <br />b. County, District, City or Town Assistant Manager or the equivalent position. <br />c. Finance'Director or Assistant Finance Director or the equivalent position. <br />d. Public Works Director or Assistant Public Works Director or Environmental <br />Programs Manager or equivalent position. " <br /> <br />Since its inception, the SBWMA Governing Board has been comprised ofUagency staff <br />members." The original and subsequent versions of the JP A provided that each member shall <br />designate one Director from among the positions or their designate: City/County Manager, <br />City/County Assistant Manager, Finance Director, Director of Public Works. There is no <br />provision in the current JP A that authorizes an elected official to serve as a member of the <br />SBWMA Governing Board. <br /> <br />When a restated JP A was presented to the Board of Supervisors in late 2005, it deferred approval <br />of the new JP A Wltil it eouid learn the answers to questions that had been raised by other <br />members. One concern was the City CoUltCil of Belmont's suggestion that the membership of <br />the SBWMA Governing Board should permit elected officials to serve on the Governing Board. <br />SBWMA responded that the JP A governance benefited from the technical expertise of staff and <br />that although the SBWMA Board had conSidered the possibility of adding elected members to its <br />Governing Board, it had decided to "leave the SBWMA board membership the 'way it has been <br />since the organization's inception." <br /> <br />Section 17.1 of the restated JP A provides that "subject to all legal obligations of the SBWMA, <br />this Agreement may be amended by one or more supplemental agreements executed by a vote of <br />two thjrds (2/3) of all Equity and Non-Equity members of the SBWMA." Such an amendment <br />would be required to allow elected officials to serve on the SBWMA Board. <br /> <br />14 <br />