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<br />.. .._..... .__._._._.___.._...__.-.....__....~t__;.....J/oZ......t..a...........""..tC'l'...._...., _.........._.=......~_;~........t"'......_.... ..____.H_N.........____.._._.._._. .. <br /> <br />'''''' ....~._... ......"_........_._..._-_.__...._......_~.._..,,...,..;:"k. <br /> <br /> <br />Page 29 <br /> <br />ATTACHMENT 2 <br /> <br />Honorable George A. Miram <br />Judge of the Superior Court <br />July 28, 2009 <br />Page 2. <br /> <br />The RFP process has been vetted before all 12 SBWMA Member Agencies. Member Agencies will <br />have additional oppoltunities for review as the final agreements proposed for Norcal fa! the <br />Collection Franchise and SBR for the Operations Agreement come before them for approval. <br /> <br />II. Response to Recommendations <br />iThe 2008-2009 San A-tateo COUflty Ci1Jil Grand J1try recommCJ1dJ' thtlt the SOllth Bayside Waste <br />)\{tltlll!,elncllJAlIthori!y (SB WMA) and it.r Board rmd dBJ1g1toted efeded officia!., qf the 12-fl1etnber agendtJ' <br />[.A/helton. .Belmont, BtI'rlil1game, Eost Polo .AItIJ, rostfw City, JIillsborrJJlgh, <br />lvlenlo Park, &dlP{)od Ci!)'. San Cor/os, Stili l'tiateo, J.I?est Bt!} Sanitation DiJ"trkt, and the Sail <br />j\1ateo COURty Board of Supef7Jisors (Ott beha!f of the fmillcoporated P011iot1s olSon Mateo <br />Cotl1lrYJ7: <br /> <br />1. /v1eet (Jlld recollsider pending ,;olltrad,J' with Non'tll and J otllh Bqy Reryc/ing in light of the <br />infor711l1lioll colltoined in this Grand.r ury rep011. " <br />Response: <br />Each of the two Rl'"'Ps~ one for collection services and another for facility operations, <br />included key milestones t.o allow fOf I\1e.mber Agency input a.nd action. All governing <br />boards of Member Agencies will be asked to give consideration to their individual franchise <br />agreements for collection, and the agreement for the operation of Shoreway Environmental <br />Center over the coming months, as prescribed in the RFP process. To date, ten of the <br />Member Agencies, representing 85.60/0 of the Solid W'a.t;te tonnage in the SBWMA service <br />area, have alrea.dy considered and approved the Selection' of Norcal (110W known as <br />Recology) as their future franchised hauler for solid waste, .re.cyclables and organics. These <br />votes of the Member Agencies have led to the preparation and negotiation of lengthy <br />Franchise Agreements with Norca.l to be. considered individually by each Membe.r Agency <br />over the next few months, a process that began with these 10 Agencies in lotarch 2009. The <br />Town of Atherton also gave direction to its City 'tvfanage:r on July 15) 2009 to proceed with <br />infonnal negotiations with Norcal. AJPA I'vlembet Agency is free to contract with any <br />company it wants for collection. All documentation l'eL"1ted to the RFP process, including <br />vendor responses are available to Me.mbe.r Agencies for additional evaluation. The SB~1vIA <br />will cooperate with. any 11elnber Agency that wishes to reevaluat.e responses to the RFP <br />p.rocess. <br /> <br />TIle SBWMA Board at its July 23, 2009 Board considered approval of an Agreement with <br />South Bay Recycling (SBR) to ope-rate the Shoreway facility. As approved, it will be <br />presented to the governing bodies of the 1\1embe.r Agencies for review and approval <br />pu.rsuant to Section 7.1.1.of the.JPA Agreement. The. SBR Operators agreement needs 2/3 <br />of the J\fember Agencies to approve it. <br /> <br />Action: <br />The recommendation will effectively be implemented during fmulization of the Rf:P process. <br />