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v �/� � � <br /> ��P��T <br /> To th� Henorable Mayor and City Council . <br /> From the City Manager <br /> June 6, 2005 <br /> Subject <br /> Restatement and Adoption of Franchise Collection Services Agreement with BFI Waste <br /> Systems of North America, Inc. <br /> Recommendation <br /> Staff recommends that the City Council introduce the attached ordinance approving <br /> adoption of the amended and restated Franchise Agreernent for Solid Waste, Recyclable <br /> Materials and Plant Materials Collection Services between the City of Redwood City and <br /> BFI Waste Systems of North America, extending the Agreement by four years until <br /> December 31, 2010. <br /> Background <br /> The City of Redwood City is a member of the South Bayside Waste Management Authority <br /> (SBWMA), which is comprised of 12 jurisdictions: Atherton, Belmont, Burlingame, East <br /> Palo Alto, Foster City, Hilfsborough, Menlo Park, Redwood City, San Carlos, San Mateo, <br /> unincorporated San Mateo County, and the West Bay Sanitary District. Along with all <br /> member agencies of the SBWMA, the City entered into the Franchise Agreement for Solid <br /> Waste, Recyclable Materials and Plant Materials Collection Services (Collection <br /> Agreement - copy available in the City Clerk's Office) with BFI Waste Systems of North <br /> America, Inc. effective March 1, 2�00, with an initial term of seven years (terminating <br /> � December 31, 2006). Member agencies have since approved amendments for commercial <br /> plant material collection, the commercial organics (food waste) collection, and eliminating <br /> the two citywide annual large item collections in favor of two on-call large item collections <br /> for each subscriber. <br /> The Collection Agreement provides for an automatic three-year extension of its term based <br /> on BFI's performarce related to recycling, �iquidated damages, delinquent payments, <br /> criminal behavior, customer satisfaction, and the competitiveness of rates for service. The <br /> SBWMA conducted a Performance Hearing of BFI on November 10, 2004 (see attached <br /> Findings Report: BFI Performance Hearing Findings). The Hearing Board consisting of <br /> city managers from Menlo Park, San Carlos, and Foster City found that BFI achieved the <br /> above listed standards, except for the recycling of commercial waste and, in three <br /> jurisdictions, the competitiveness of rates. With regard to commercial recycling, BFI was <br /> able to achieve the tonnage standards established for years 2000 and 2001, but was not <br /> able to achievP the �tandards established fior years 2002 and 2003. BFI did not achiev� <br /> the rate competitiveness standards in Atherton, East Palo Alto, and Hillsborough. The <br /> SBW MA Board concluded that BFI substantially complied with five of the six requirements <br /> for extension of the Franchise Collection Services Agreement. <br /> W hile the Collection Agreement is a contract between each member agency and BFI (and <br /> must be approved by each jurisdiction's governing body), the S�WMA itself enters into two <br />