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Agmt 13 2ndAmendedandRestated JPA Agreement JPA County of San Mateo SBWMA
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Agmt 13 2ndAmendedandRestated JPA Agreement JPA County of San Mateo SBWMA
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9/23/2022 2:59:28 PM
Creation date
6/27/2019 2:36:55 PM
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Agreement
Contractor Name
JPA County of San Mateo SBWMA
PROJECT NAME
JPA
RMP File Number
304
Date
6/19/2013
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13.12 Attributing Solid Waste. The SBWMA shall establish a fair and equitable <br />method of attributing Solid Waste, Recyclable Materials and Plant Materials to the Members <br />that are delivered to the Facilities. <br />13.13 Miscellaneous. The SBWMA may operate programs, conduct analyses, and <br />perform studies from time to time, all in support of the purposes under this Agreement, as the <br />Board so approves. <br />13.14 Member Cooperation. Members agree to cooperate in the accumulation of <br />information supporting goals approved by the Board, as provided in this Agreement. <br />ARTICLE 14. PENALTIES <br />14.1 Apportionment of Penalties. Any penalties assessed by regulatory authorities <br />against the SBWMA shall be paid by the SBWMA. <br />ARTICLE 15. WITHDRAWAL FROM SBWMA <br />15.1 Withdrawal Conditions. A Member may not withdraw from the SBWMA <br />unless and until that Member achieves the following: <br />a. The liquidation in full of its proportion of any and all existing debts, <br />obligations, and liabilities incurred, earned, or expected to be earned by the <br />date of withdrawal, including but not limited to the Revenue Bonds, as <br />determined by the Board. <br />b. The provision to the SBWMA of a written notice of intent to withdraw from <br />the SBWMA at least six (6) months prior to the end of the current Rate Year, <br />specifying the date on which the Member intends to withdraw. <br />c. The approval of such withdrawal by a 4/5 affirmative vote of Equity <br />Members. <br />ARTICLE 16. TERMINATION <br />16.1 Termination Requirements. This Agreement may only be terminated by consent <br />of all Equity Members, and upon full and complete liquidation of all liabilities, including, but not <br />limited to, the Revenue Bonds. Upon the date of termination (hereinafter "Termination Date"), <br />payment of any and all obligations and division of any and all assets of the SBWMA shall be <br />conducted subject to the then -applicable requirements of the law (currently California <br />Government Code §6511 et seq.), pursuant to the following: <br />a. In the event of termination of the SBWMA where there is a successor public <br />entity that will conduct all of the activities of the SBWMA and will assume all <br />of its obligations, any and all SBWMA assets and liabilities remaining upon <br />termination of the SBWMA shall be transferred to the successor public <br />agency. <br />b. If there is no successor public agency that would conduct the SBWMA's <br />activities, all assets and liabilities shall be apportioned to each Member in <br />proportion to the contribution of each current Member's ratepayers' total <br />contribution during the Term of this Agreement. A reference to ratepayers' <br />Page 12 <br />
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