AgdaPkt 2011-08-22 - Laserfiche WebLink

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6.3. E. - Page 1 RE PO RT To the Honorable Mayor and City Council From the City Manager August 22, 2011 SUBJECT Resolution Approving Waiver of Minor Revisions to the Franchise Agreement with Recology San Mateo and Authorizing City Council Utilities Subcommittee to Approve Waivers of Certain Minor or Temporary Provisions in the Franchise Agreement RECOMMENDATION Adopt a Resolution approving the temporary waiver of Article 8.04 of the Franchise Agreement, and authorizing the Utilities Committee to grant future minor or temporary waivers recommended by South Bayside Waste Management Authority to its member agencies. BACKGROUND In May, 2010 the City of Redwood City entered into a ten (10) year agreement with Recology San Mateo County ("Recology") for recyclable, organic and solid waste materials collection services. The effective date of the Agreement was January 1, 2011. From time to time, waivers of certain minor provisions of the Agreement may be requested by Recology to allow for changes which were not foreseeable or anticipated at the time the agreement was written and executed. Pursuant to Section 16.05 of the Franchise Agreement, such minor or temporary waivers do not constitute a waiver of the City's right to enforce these provisions in the future. Presently, Recology is requesting a temporary waiver of Article 8.04 of the Franchise Agreement to allow use of five (5) used collection vehicles, for a period not to exceed six months, through October, 2011. The accommodation will enable Recology to complete its commercial rear-end load (REL) to front-end load (FEL) bin conversions to provide collection service to the commercial sector as previously envisioned. Similar temporary or minor waivers may be requested by Recology in the future. Staff requests that the City Council direct the Utilities Committee to evaluate and approve temporary or minor waivers of provisions of the Agreement which meet the following criteria: 1) the waiver does not impact overall service to customers, 2) the waiver has been recommended to member agencies by SBWMA, and 3) the waiver does not amount to an amendment of the Agreement or alter the fundamental terms of the Agreement requiring Recology to provide solid waste collection services to Redwood City customers.