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Second Amended and Restated <br />Joint Exercise of Powers Agreement <br />South Bayside Waste Management Authority <br />This Second Amended and Restated Joint Exercise of Powers Agreement is entered into <br />this _ day of June 19, 2013, pursuant to the provisions of the Joint Exercise of Powers Act <br />(Title 1, Division 7, Article 1, §6500 et seq. of the California Government Code) relating to the <br />joint exercise of powers among the County of San Mateo and those cities, and towns listed in <br />Exhibit A and B, hereafter collectively called "Agencies." <br />RECITALS <br />A. WHEREAS the Agencies heretofore entered into a Joint Exercise of Powers <br />Agreement on December 9, 1999 (the IPA Agreement). The JPA Agreement was first <br />amended on June 4, 2002 to modify the definition of the Fiscal Year. The JPA <br />Agreement was first amended and restated on January 17, 2006 to: 1) Establish the <br />position of Executive Director; 2) include items that require member agency approval; 3) <br />Clarify member agency staff positions for Board membership; and 4) Have the Board <br />annually select the Chair, <br />The JPA Agreement was second amended and restated on June 19, 2013 to modify the <br />composition of the Board of Directors; and <br />B. WHEREAS the Agencies are responsible for the health and safety of the citizens <br />within their geographic boundaries; and <br />C. WHEREAS the Agencies regulate Solid Waste, Recyclable Material, and Plant <br />Material Collection in areas under their jurisdiction and award Franchises for Collection to <br />private organization(s), herein called "Collector(s)"; and <br />D. WHEREAS the Agencies find it in their mutual economic interest to address <br />Solid Waste and Recycling issues on a regional level; and that the costs for planning and <br />implementing Solid Waste and Recycling Programs will be based on a fair and equitable <br />allocation system that considers the relative benefits to each Agency and the additional cost of <br />services provided to each Agency; and <br />E. WHEREAS the Agencies have used and are committed to owning and using <br />certain regional Facilities located in the City of San Carlos, which are part of the San Mateo <br />County integrated Waste Management Plan, as approved by the California Integrated Waste <br />Management Board; and <br />F. WHEREAS the ownership and use of these regional Solid Waste Facilities <br />provides economic benefits to the ratepayers of the Agencies; and <br />G. WHEREAS the California Integrated Waste Management Act (CIWMA) <br />(California Public Resources Code, §40000 et seq.) requires that the Agencies reduce by fifty <br />(50) percent the amount of Solid Waste they landfill by the end of the year 2000; and <br />H. WHEREAS the CIWMA requires that the Agencies prepare, adopt, and <br />implement source reduction and recycling, elements to meet the fifty (50) percent reduction goal; <br />and <br />Page 1 of 23 <br />