AgdaPkt 2018-03-26 Joint SA PFA - Laserfiche WebLink

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REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO Page 2 of 119 recyclable and organic materials in a manner and on terms which were in the best interests of 40 Agency, its residents and businesses, taking into account the qualifications and experience of 41 Contractor and the cost of providing such services; and, 42 WHEREAS; on August 24, 2009, the City Council approved Resolution No. 14965, which 43 awarded an exclusive franchise agreement to Recology San Mateo County for Recyclable 44 Materials, Organic Materials, and Solid Waste Collection Services dated May 25, 2010, with a 45 term from January 1, 2011 through December 31, 2020 (“2009 Franchise Agreement”); and, 46 WHEREAS; on November 4, 2013, the City Council approved Resolution No. 15303, which 47 amended the 2009 Franchise Agreement; and, 48 WHEREAS; on April 28, 2016, the SBWMA ’s Board of Directors directed SBWMA staff to 49 negotiate, acting on behalf of Agency and its other members, with Contractor an extension of the 50 2009 Franchise Agreement, and to do so without a competitive bidding for the collection services; 51 and, 52 WHEREAS; the SBWMA and Contractor negotiated a Model Amended and Restated Franchise 53 Agreement that was intended to serve as a model agreement for each Member Agency to use as 54 a basis for its negotiations with Contractor; 55 WHEREAS; the SBWMA presented the Model Amended and Restated Franchise Agreement to 56 the SBWMA’s Board of Directors on June 22, 2017; and, the Board took action recommending 57 that each Member Agency negotiate an Amended and Restated Franchise Agreement using the 58 Model Amended and Restated Franchise Agreement as the basis for such negotiations; and, 59 WHEREAS; the City Council authorized City staff to negotiate this Amended and Restated 60 Franchise Agreement with a term of fifteen (15) years from January 1, 2021 through December 61 31, 2035, and, on March 26, 2018, authorized the City Manager to execute this Agreement; and, 62 WHEREAS, this Agreement has been developed by and is satisfactory to the Parties. 63 NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and 64 for other good and valuable consideration, Agency and Contractor agree as follows: 65 66 6.2.B. - Page 15