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Attachment 2 AMENDED AND RESTATED BAY AREA BIOSOLIDS TO ENERGY COALITION JOINT EXERCISE OF POWERS AGREEMENT This amended and restated joint exercise of powers agreement(this"Agreement") is dated as of July 1,2012 and is by and among the public entities identified on Exhibit A (each, an"Initial Member"). RECITALS A. The California Government Code at Section 6500 et seq.provides that two or more public agencies may, by agreement,jointly exercise powers common to them. B. Each Initial Member is a party to a joint exercise of powers agreement dated March 30, 2006, between the City and County of San Francisco,the City of Millbrae, the Delta Diablo Sanitation District,the Dublin San Ramon Services District,the East Bay Municipal Utility District,the Fairfield-Suisun Sewer District,and the Union Sanitary District,as amended by Amendment No. 1 and by Amendment No. 2(the"Original JEPA"). Among other changes,Amendment No. 1 added the following parties to the agreement: City of Burlingame, City of Livermore,City of Richmond,North San Mateo County Sanitation District,West County Wastewater District, Central Marin Sanitation Agency, hothouse Sanitary District, South Bayside System Authority, Sausalito-Marin City Sanitary District,Vallejo Sanitation and Flood Control District,and deleted the East Bay Municipal Utilities District. Amendment No. 2 created a mechanism for other entities to become parties to the Agreement upon(i)approval by a majority of then-current Parties,and (ii)execution of a completed Addendum. Subsequently, the City of Santa Rosa and the City of San Jose each executed a completed Addendum. As a result of the foregoing, all of the Initial Members listed in Exhibit A are parties to the Original JEPA. C. Under the Original JEPA,the parties cooperated to plan,advocate, and analyze biosolids management solutions for the Bay Area. D. Under the Original JEPA,the parties agreed that certain tasks were to be undertaken and completed in Phase IIIB, as defined in the Original JEPA. The status of those tasks is set forth in Exhibit B. E. Under the Original JEPA,the Delta Diablo Sanitation District was required and empowered to perform certain tasks on behalf of the group,including the following: enter into contracts with consultants to perform certain services and to manage such contracts; and submit funding applications related to the group's purposes and to act as the group's agent for the receipt of any state and federal funds resulting from such applications. Acting on behalf of the group,the Delta Amended and Restated EPA Y7.2 1 80342001/1345905.5