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8.A. - Page 30 <br /> � €�s�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 <br /> into this _ day of 20139�, pursuant to the provisions of the Joint Exercise of <br /> Powers Act (Title 1, Division 7, Article 1, §6500 et seq. of the California Government Code) <br /> relating to the joint exercise of powers among the County of San Mateo and those cities, and <br /> towns listed in 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 JPA Agreement). The JPA Agreement was first <br /> amended on June 4, 2002 to modify the definition of the Fiscal Year. The JPA <br /> A�reement was first amended and restated on Januarv 17, 2006 to: 1) Establish the <br /> position of Executive Director: 21 Include items that require member a�enc,��roval: 3� <br /> Clarify member a�enc, s��ositions for Board membershi�: and 4) Have the Board <br /> annuallv select the Chair, <br /> The JPA A�reement was second amended and restated on to modifv the <br /> com�osition 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 lntegrated 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 lntegrated 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 />