AgdaPkt 2009-08-24 clsd and reg - Laserfiche WebLink

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78 On April 13, 2009, at the request of the Council Solid Waste Committee, staff askedPage 2 Council to provide direction to the City SBWMA Board representative on how to vote at the April 23rd SBWMA Board meeting regarding the selection of the contractor to operate the Shoreway facility. After an extensive presentation followed by equally extensive questions and answers between Council, the two short-listed proposers and staff, this matter was continued to a special meeting on April 20th. At the conclusion of the meeting on April 20th Council directed the City's SBWMA Board representative to vote in favor of the selection of SBR for the operation of the Shoreway facility. The agreement presented this evening incorporates the business terms presented to Council in April as part of the basis behind the recommendation to select SBR. On April 23, 2009 the SBWMA Board voted 10-2 to approve the selection of SBR and directed staff to negotiate a final operations agreement and bring back that agreement for Board approval with such Board approval then subject to approval by at least two- thirds of the member agencies. The Board-approved motion also stated that if staff could not successfully negotiate a contract with SBR then staff is to begin negotiations with Hudson Baylor Corporation. Also, on April 23rd staff was given direction by the SBWMA Board to discuss with SBR during contract negotiations the potential use of County of San Mateo Vocational Rehabilitation Services (VRS) workers as Material Recovery Facility (MRF) sorters. Such VRS workers were previously utilized by BFI as MRF sorters but such an arrangement was discontinued in 2007 due to Allied companywide legal concerns regarding the classification of these workers as temporary workers and the need to offer benefits. The VRS program helps local residents with employment barriers and disabilities attain their maximum vocational potential through vocational training. On July 23, 2009 the SBWMA Board approved 11-0 the operations agreement and authorized and directed the Executive Director to distribute full and complete copies of the agreement, executed on behalf of the SBWMA and on behalf of SBR, to each member agency upon receipt of the Guaranty executed by the two corporate members of SBR. Provided, however, that the agreement shall not become effective unless and until at least eight (8) of the member agencies approve the agreement as provided in Section 7.1.1 of the SBWMA First Amended and Restated Joint Exercise of Powers Agreement, on or before November 30, 2009. Analysis The operations agreement remains substantially unchanged from the operations agreement adopted by Council on September 10, 2007 for its inclusion in the facility operations RFP process. However, the agreement was amended to address the following key items: . Inclusion of any commitments from SBR in their March 4, 2008 proposal and follow- up correspondence that were above and beyond the original RFP requirements or draft agreement language. For example, SBR offered to purchase and operate a sort line in the transfer station at a cost not to exceed what we currently pay for offsite transportation and processing of C&D materials. This language has now been captured in Section 5.18.E.