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Chief, who shall be an at will employee, (4) Attend all meetings of the Board of Directors unless excused therefrom, (5) Keep the Board of Directors at all times fully advised as to the financial condition and needs of the Authority, (6) Each year, review with, and recommend to, the Board of Directors a budget for the Authority prepared by the Fire Chief, (7) Each year, prepare and recommend to the Board of Directors, a Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, and Vehicle and Equipment Schedule to establish Livermore's and Pleasanton's respective shares of the Authority's budget taking into account the level of service to be provided to Livermore and Pleasanton and the Parties' contributions to the Authority, (8) Instruct the Secretary to prepare and post notices and agendas for Board of Directors meetings to be held at the Authority's principal office or such other designation within the Authority's jurisdiction identified by the Joint Executive Directors, and (9) Perform such other duties and exercise such other powers as may be delegated to them from time-to-time by resolution or other action of the Board of Directors C General Counsel The General Counsel for the Authority shall be either the City Attorney of Livermore or the City Attorney of Pleasanton, as selected by the Joint Executive Directors, but legal services shall be provided to the Authority by the City Attorney's Offices for both Livermore and Pleasanton For purposes of attorney-client privilege, the Authority shall have an attorney-client relationship with the City Attorney's Offices of both Livermore and Pleasanton When a Party contributes Administrative Services or assigns personnel to the Authority, the City Attorney's Office for that Party will be primarily responsible for legal issues related to those individuals, but shall consult with the City Attorney's Office for the other Party The Livermore City Attorney's Office shall handle legal issues related to City of Livermore ordinances, and the Pleasanton City Attorney's Office shall handle legal issues related to City of Pleasanton ordinances D Fire Chief The Fire Chief shall be an at-will employee appointed by the Joint Executive Directors and contributed to the Authority by one of the Parties, or contracted to the Authority by one of the Parties The Fire Chief shall be the operational head for the Authority The Fire Chief shall be responsible for the operation of the Authority to provide Fire Protection Services to the Parties under the direction and control of the Joint Executive Directors In addition to his or her general powers as operational head, and not as a limitation thereon, it shall be the Fire Chief's duty and power to AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY Page 11