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File #: 21-689    Version: 1 Name:
Type: Resolution Status: Passed
File created: 8/19/2021 Departments: COUNTY MANAGER: OFFICE OF SUSTAINABILITY
On agenda: 9/14/2021 Final action: 9/14/2021
Title: Adopt a resolution approving the third amended and restated Joint Exercise of Powers agreement with South Bayside Waste Management Authority for County Service Area No. 8 (North Fair Oaks), and the County Franchised Area.
Attachments: 1. 20210914_r_Third Amended and Restated Franchise Agreement .pdf, 2. 20210914_a_ Exhibit A Third Amended and Restated Joint Exercise of Powers Agreement.pdf
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Carolyn Bloede, Director, Office of Sustainability
Subject: Adopt a Resolution approving the Third Amended and Restated Joint Exercise Power Agreement with South Bayside Waste Management Authority

RECOMMENDATION:
title
Adopt a resolution approving the third amended and restated Joint Exercise of Powers agreement with South Bayside Waste Management Authority for County Service Area No. 8 (North Fair Oaks), and the County Franchised Area.

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BACKGROUND:
The South Bayside Waste Management Authority (SBWMA) was formed on December 9, 1999, pursuant to a Joint Exercise of Powers Agreement (JPA) executed by twelve Member Agencies. The JPA Agreement was amended and restated on January 17, 2006, and again on June 19, 2013. The SBWMA Board was asked to review the JPA Agreement and determined that it needs to be updated to reflect current practices and circumstances, including Atherton's withdrawal. The SBWMA Board considered these amendments at its regular meeting and recommended approval.
DISCUSSION:
The JPA Agreement has been amended twice. SBWMA staff noted the JPA Agreement contains outdated language and does not call out the manner for exercising power as required by Government Code Section 6509. In order to correct this, SBWMA staff recommended the SBWMA Board review proposed changes to the Agreement which would remove outdated language, clean up inconsistencies in use of defined terms, and bring the Agreement language into compliance with Government Code Section 6509. The amendments are non-substantive in nature and indicated in purple in Attachment A to this memo.
Proposed Changes to the JPA Agreement:
1. Inconsistent Terms
Changes are proposed throughout the Agreement to correct that Member Agencies are consistently referred to as "Members".
2. Language to Acknowledge This Amendment
Changes are proposed in the Recitals to reflect the...

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