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39 WHEREAS; in 2009, Agency independently evaluated Contractor's proposal and determined 40 that Contractor had proposed to provide solid waste handling services including collection of 41 recyclable and organic materials in a manner and on terms which were in the best interests of 42 Agency, its residents and businesses, taking into account the qualifications and experience of 43 Contractor and the cost of providing such services; and, 44 WHEREAS; on August 24, 2009, the Cit CotiflG� approved Resolution No. 14965, which 45 awarded an exclusive franchise agreement to Recology San Mateo County for Recyclable 46 Materials, Organic Materials, and Solid Waste Collection Services dated May 25, 2010, with a 47 term from January 1, 2011 through December 31, 2020 ("2009 Franchise Agreement"); and, 48 WHEREAS; on November 4, 2013, the City Counc_i; approved Resolution No. 15303, which 49 amended the 2009 Franchise Agreement; and, 50 WHEREAS; on April 28, 2016, the SBWMA's Board of Directors directed SBWMA staff to 51 negotiate, acting on behalf of Agency and its other members, with Contractor an extension of 52 the 2009 Franchise Agreement, and to do so without a competitive bidding for the collection 53 services; and, 54 WHEREAS; the SBWMA and Contractor negotiated a Model Amended and Restated Franchise 55 Agreement that was intended to serve as a model agreement for each Member Agency to use 56 as a basis for its negotiations with Contractor; 57 WHEREAS; the SBWMA presented the Model Amended and Restated Franchise Agreement to 58 the SBWMA's Board of Directors on June 22, 2017; and, the Board took action recommending 59 that each Member Agency negotiate an Amended and Restated Franchise Agreement using the 60 Model Amended and Restated Franchise Agreement as the basis for such negotiations; and, 61 WHEREAS; the City Council authorized City staff to negotiate this Amended and Restated 62 Franchise Agreement with a term of fifteen (15) years from January 1, 2021 through December 63 31, 2035, and, on March 26,' 2018, authorized the City Manager to execute this Agreement; and, 64 WHEREAS, this Agreement has been developed by and is satisfactory to the Parties. 65 NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and 66 for other good and valuable consideration, Agency and Contractor agree as follows: 67 REV: 03-16-18 MI Page 2 of 126 ATTY/AGR.2018.054/Recology of San Mateo