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<br /> <br /> <br />6.38 <br />Page 4 <br /> <br />South Bayside Waste Management Authority <br /> <br />RESOLUTION NO. 2009-35 <br /> <br />RECOMMENDING ASSIGNMENT OF THE SBWMA MEMBER AGENCY FRANCHISE COLLECTION <br />AGREEMENTS BY ALLIED WASTE INDUSTRIES, INC., TO REPUBUC SERVICES, INC. <br /> <br />WHEREAS, in 2000 the South Bayside Waste Management Authority (SBWMA) Member Agencies <br />entered into respective Franchise Collection Agreements, as subsequently amended, with 8FI Waste <br />Systems of North America, Inc. (BFI), now a wholly owned subsidiary of Allied Waste Industries, Inc., a <br />Delaware corporation (Allied),{hereinafter the Franchise Collection Agreement); and <br />WHEREAS, by an agreement of June 22, 2008, Allied, pursuant to an Agreement and Plan of <br />Merger, merged with Republic Services, Inc., a Delaware corporation (Republic), and effective December 5, <br />2008 Republic became the surviving corporation and Allied became a wholly owned subsidiary of Republic; <br />and <br /> <br />WHEREAS, the SBWMA has reviewed the financial records and performance of Republic as part of <br />the RFP processes for both the new Shoreway Operations Agreement with the SBWMA and Collection <br />Agreements with Member Agencies and is satisfied that the merger of Allied and Republic, with Republic as <br />the Contractor, will not be detrimental to the SBWMA or its member entities, and that a Consent to <br />Assignment can be issued. <br />NOW, THEREFORE, BE IT RESOLVED that the SBWMA Board recommends that its Member <br />Agencies consent to the assignment of their respective Franchise Collection Agreements to Republic by <br />Allied conditioned on Republic executing a revised Guaranty Agreement, and providing a new Performance <br />Bond pursuant to the requirements of said Franchise Collection Agreements. <br /> <br />PASSED AND ADOPTED by the Board of Directors of the South Bayside Waste Management <br />Authority, County of San Mateo, State of California on the this ~ day of November. 2009. by the <br />following vote: <br /> <br />Agency Yes No Abstain Absent Aaencv Yes No Abstain Absent <br />Atherton Menlo Park <br />Belmont Redwood City <br />Burllnaame San Carlos <br />East Palo Alto San Mateo <br />Foster City CountY of San Mateo <br />HiIIsborouah West Bay Sanitary Dist <br /> <br />I HEREBY CERTIFY that the foregoing Resolution No. 2009-35 was duly and regularly adopted at a <br />regular meeting of the South Bayside Waste Management Authority on November 19th 2009. <br /> <br />ATIEST: <br /> <br />Martha DeBry, Chairperson of SBWMA <br /> <br />Kevin McCarthy, Executive Director <br /> <br />SBWMA BOD PACKET 11/19/09 <br /> <br />AGENDA ITEM: 48 - p2 <br />