Powers Reserved to Board of Directors and Limitations Thereon. 5.4.1. The Board of Directors shall have ultimate approval authority over all Activity Agreement annual budgets based upon the recommendation of staff and approval of the Activity Participants; provided, the Board of Directors may not alter the Activity Agreement annual budgets without staff’s review and recommendation or Activity Participant approval of such alteration.
5.4.2. The Board of Directors shall have the right, upon recommendation of or in consultation with staff and Activity Participants, to approve all amendments to this Activity Agreement, including any amendment terminating the Activity Agreement, and to approve the IRWM-MOA with each entity seeking to become an IRWM-MOA Participant; provided, that no amendment of this Activity Agreement shall be required to add new Activity Participants prior to September 1, 2019.
5.4.3. The Board of Directors shall have the right, upon the recommendation of or in consultation with staff, to act on any claims and to make decisions concerning the prosecution of, defense of, or other participation in actions or proceedings at law brought against the Authority arising from this Activity Agreement.
5.4.4. When an Activity Participant fails or refuses to participate financially for a period of time longer than six (6) months after written notice from the Authority without entering into an agreement with the Authority to cure any financial default or to meet any other obligation required for its active participating in the Activity Agreement or under its IRWM-MOA, the Board of Directors, on the recommendation of staff, one or more Activity Participant, and/or any ad hoc working group, shall determine whether or not such Activity Participant shall be deemed to have withdrawn from the Agreement or from participation pursuant to its IRWM-MOA. Such vote shall not preclude reinstatement of the deemed withdrawn agency by agreement of the Activity Participants and the Authority.
5.4.5. The Board of Directors delegates to staff the authority to conduct the activities described in this Activity Agreement pursuant to the terms of this Activity Agreement and IRWM-MOAs, without the required approval of the Board of Directors except as specifically provided in Sections 5.4.1-5.
Powers Reserved to Board of Directors and Limitations Thereon a) The Board of Directors shall have ultimate approval authority over all Activity Agreement annual budgets based upon the recommendation of staff and approval of the Activity Agreement Members; provided, the Board of Directors may only alter an Activity Agreement annual budget in a manner consistent with the Activity Agreement Members recommendation.
b) The Board of Directors shall have the right, upon recommendation of or in consultation with staff and Activity Agreement Members, to approve all amendments to this Activity Agreement.
c) The Board of Directors shall have the right, upon the recommendation of one or more affected Activity Agreement Members in the form of formal Board action, to authorize execution of all Service Agreements and Special Project Agreements, and other agreements relating to the LVE Project.
d) The Board of Directors shall have the right, upon the recommendation of or in consultation with the Activity Agreement Members, to act on any claims and to make decisions concerning the prosecution of, defense of, or other participation in actions or proceedings at law brought against the Authority arising from this Activity Agreement; provided if that action is taken at the request of the Activity Agreement Members then the costs for such action shall be borne by the Activity Agreement Members.
e) The Board of Directors delegates to staff the authority to conduct the activities described in this Activity Agreement pursuant to the terms of this Activity Agreement, without the required approval of the Board of Directors except as specifically provided in this Section 5.2. Also, except as set forth in this Section 5.2, this delegation shall specifically include, but not be limited to, the authority to enter into contracts within approved Activity Agreement budgets.
