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<br />Third Amended and Restated <br />Joint Exercise of Powers Agreement <br />South Bayside Waste Management Authority <br />This Third Amended and Restated Joint Exercise of Powers Agreement is entered into <br />this _14th_ day of September, 2021, pursuant to the provisions of the Joint Exercise of Powers <br />Act (Title I, Division 7, Article 1, §6500 et seq. of the California Government Code) relating to <br />the joint exercise of powers among the County of San Mateo and those cities, towns and <br />special districts listed in Exhibit A and B, hereafter collectively called “Members.” <br />RECITALS <br />A. WHEREAS the Members entered into a Joint Exercise of Powers Agreement on <br />December 9, 1999 (the JPA Agreement), which was subsequently amended and restated on <br />January 17, 2006 (the “First Amended and Restated JPA Agreement”), and then again on June <br />19, 2013 (the “Second Amended and Restated JPA Agreement”). The Members now desire to <br />further amend and restate the JPA Agreement to update current terms and practices and clarify <br />exercise of powers (the “Third Amended and Restated JPA Agreement”); and <br />B. WHEREAS the Members are responsible for the health and safety of the citizens <br />within their geographic boundaries; and <br />C. WHEREAS the Members 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 Members 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 Member and the additional cost of <br />services provided to each Member; and <br />E. WHEREAS the Members 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 Members; and <br />G. WHEREAS the Members have coordinated their efforts to produce and share <br />Solid Waste, Recyclable Material and Plant Material reports, including program and operational <br />information derived from the operation of regional Facilities, as required by California Public <br />Resources Code, §40000 et seq.; and <br />H. WHEREAS each Member has the authority to regulate its Solid Waste, <br />Recyclable Material, and Plant Material stream, including the Collection, Transfer, <br />Transportation, and Processing thereof, and has the authority to establish rates for the conduct of <br />such functions; and <br />I. WHEREAS Solid Waste from each Member is landfilled at the Ox Mountain <br />Sanitary Landfill located off State Highway 92, approximately two miles east of Half Moon