BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Consideration of Potential Material Change in Terms of the Draft Memorandum of Agreement with the San Francisco Bay Restoration Authority (Authority) and Potential Adverse Impacts Resulting From the Authority Possibly Mandating Project Labor Agreements be Implemented in all Projects Funded with its Measure AA.
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RECOMMENDATION:
Recommendation
Direct staff to proceed with one, or a combination of, the following options, or other options directed by the Board of Directors:
A. Include language in the draft Memorandum of Agreement (MOA) with the San Francisco Bay Restoration Authority (Authority) which maintains the District Board's independent authority and discretion to determine contracting obligations for its construction projects and excludes the District from all requirements of the San Francisco Bay Restoration Authority's pending Resolution 12, "Supporting the Creation of Quality Jobs through Habitat Restoration, Flood Protection, and Public Access Projects," (Resolution 12) which requires all grantees of Authority's funds to enter into Project Labor Agreements (PLAs) as a condition of receiving Authority funding; and/or
B. Include language in the San Francisco Bay Restoration Authority's Resolution 12 which excludes the District from all provisions therein, as well as any future actions taken by the Authority's Board to implement a PLA requirement as a condition of receiving Authority funds.
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SUMMARY:
Prior Board Action
On December 22, 2015 the Board of Directors authorized the Chief Executive Officer (CEO) to negotiate and execute a Memorandum of Agreement (MOA) with the Authority to provide operating funds towards the Authority's costs to fund activities that will directly benefit flood protection, watershed restoration and other related efforts in Santa Clara County, in addition to funding the remaining local share of the South San Francisco Bay Shoreline Project.
On January...
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