first amendment to the
fifth AMENdment AND RESTATEment JOINT EXERCISE OF POWERS AGREEMENT OF THE WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY THIS FIRST AMENDMENT (the “Amendment”) is entered into as of , 2026, and is by and among the CITY OF EL CERRITO (“El Cerrito”), a municipal corporation and charter city, the CITY OF HERCULES, a municipal corporation, the CITY OF PINOLE, a municipal corporation, the CITY OF RICHMOND, a municipal corporation and charter city, and the CITY OF SAN PABLO, a municipal corporation hereinafter referred to individually as “Member” and collectively as “Members.” This Amendment amends the Fifth Amendment and Restatement Joint Exercise of Powers Agreement of the West Contra Costa Integrated Waste Management Authority, dated November 20, 2019 (the “Agreement”).
RECITALS
The Agreement provides that the Authority must adopt a budget for the period from July 1 to June 30 of the following year, referred to as the “Fiscal Year.” To better align the Authority’s budget with the annual rate setting process under the Post-Collection Agreement pursuant to which the Authority receives its operating revenue, the Board of Directors desires to operate on a calendar-year basis.
The Members desire to amend the JEPA to authorize Authority to adopt a calendar-year based budget for the budget year beginning on January 1, 2027.
Agreement
Section 1. Section 1.17 of the Agreement is amended to read as follows:
1.17. Fiscal Year. For the period through December 31, 2026, “Fiscal Year” means the period commencing on each July 1 and ending on the following June 30. Beginning January 1, 2027, “Fiscal Year” means the period commencing on January 1 and ending on December 31 of each year.
Section 2. Section 8.8 of the Agreement is amended to read as follows:
8.8. Budget. A general budget for the Authority’s operations shall be adopted by the Board prior to June 30 for each Fiscal Year that begins on July 1 and prior to November 30 for each Fiscal Year that begins January 1 of the subsequent year. The budget adopted for the period from January 1, 2027 to December 31, 2027 shall supersede the budget covering the period from July 1, 2026 to June 30, 2027. The budget shall include sufficient detail to constitute an operating guideline, the anticipated sources of funds, and the anticipated expenditures to be made for the operations of the Authority including HHW Programs. Approval of the budget by the Board shall constitute authority for the Executive Director to expend funds for the purposes outlined in the approved budget, subject to the availability of funds on hand.
Section 3. All other provisions of the Agreement remain unchanged and in full force and effect.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF EL CERRITO
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF HERCULES
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF PINOLE
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF RICHMOND
Mayor
[SIGNATURES CONTINUED ON THE NEXT PAGE]
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN PABLO
Mayor
First Amendment JEPA dated November 20, 2019