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FIRST AMENDMENT TO AND RESTATEMENT OF <br />JOINT POWERS AGREEMENT ESTABLISHING THE <br />PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE <br />THIS AGREEMENT by and among the cities and the County of San Mateo who become <br />signatories to this agreement (hereinafter referred to as "Party" in the singular and "Parties" <br />collectively, as the content requires) is made and entered into as of the 2 day of <br />,Tune , 2005 and in light of the following recitals: <br />A. The Parties have authority to undertake transportation demand management <br />activities in their respective communities and desire to establish the Peninsula <br />Traffic Congestion Relief Alliance under which the parties will work together to <br />reduce the number of single occupant vehicles traveling on streets and highways <br />in San Mateo County. <br />B. The Parties are authorized to contract with each other for the joint exercise of any <br />common power pursuant to Government Code Sections 6500 et seq. <br />C. The Parties desire to establish the Peninsula Traffic Congestion Relief Alliance as <br />a joint powers authority in accordance with the terms and conditions outlined in <br />this Agreement. <br />NOW, THEREFORE, the Parties, in consideration of the mutual promises and agreements <br />contained herein, agree as follows: <br />Purpose: <br />The Parties enter into this Agreement for the sole purpose of establishing <br />and operating the Peninsula Traffic Congestion Relief Alliance <br />("Alliance") to reduce traffic congestion and air pollution through <br />Transportation Demand Management (TDM) programs, services and <br />subsidies and other related consultation services, designed to reduce the <br />number of single occupant vehicles traveling on streets and highways in <br />San Mateo County. The activities of the Alliance also may assist Parties <br />in meeting what is called "TSM" obligations for receipt of Measure A <br />sales tax funds. <br />2. Definitions: <br />(a) "Employer" shall mean any public or private employer or group <br />thereof, including a city or the County, who has a permanent place <br />of business in the County of San Mateo. <br />(b) "Party" or "Parties" shall mean a member of the Peninsula Traffic <br />Congestion Relief Alliance and a parry signator to this Agreement <br />establishing the Alliance. <br />768104.4 <br />