HomeMy WebLinkAboutReso - CC - 027-1998RESOLUTION NO. 27-98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING THIRD AMENDMENT TO FRANCHISE AGREEMENT WITH
BROWNING -FERRIS INDUSTRIES (BFI) FOR WASTE COLLECTION SERVICE
TO EXTEND THE TIME IN WHICH TO GIVE NOTICE OF TERMINATION TO NNE
30, 1999, AND TO EXTEND THE TERM OF THE FRANCHISE TO SEPTEMBER 30, 2000
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the current franchise agreement with BFI as amended provides that the City
must give notice by June 30, 1998, whether it wishes to terminate the franchise with BFI., and if no
notice is given by that date, the franchise is automatically extended to September 30, 2004; and
WHEREAS, the South Bayside Transportation Authority (SBTSA) is studying alternative
approaches to solid waste disposal that would affect the City of Burlingame, and BFI has offered to
participate in developing those alternatives; and
WHEREAS, BFI has offered to extend the required time in which the City may give notice
of termination; and
WHEREAS, in Resolution No. 56-97, the City Council approved a Second Amendment to
the Uniform Franchise Agreement that extended the time in which the City could give notice to June
30, 1998; and
WHEREAS, further discussion and negotiation with BFI and the SBTSA is required; and
WHEREAS, amendment of the franchise agreement to extend this deadline to June 30,
1999, and commensurately extending the term of the franchise to September 30, 2000, would benefit
the City and the community,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The Mayor is authorized and requested to execute the hird Amendment to the Franchise
Agreement between the City and BFI as contained in Exhibit A)f
2. The Clerk is directed to attest to the signature
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 6th _day of-ApR I L
1991, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALL I GAN, JANNEY, KNIGHT, 0' MAHONY, SP I NELL I
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILNIEMBERS: NONE
?40qCITY CLERK
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THIRD AMENDMENT TO
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UNIFORM FRANCHISE AGREEMENT
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THIS AMENDMENT to the UNIFORM FRANCHISE AGREEMENT, dated October I,
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1987, is made between (the "Agency") and
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BROWNING -FERRIS OF CALIFORNIA, INC. ("BFI").
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PREAMBLE
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WHEREAS, the parties hereto entered into a UNIFORM FRANCHISE AGREEMENT
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(the "Agreement"), dated effectively October 1, 1987; and
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WHEREAS, the parties entered into a FIRST AMENDMENT TO UNIFORM
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FRANCHISE AGREEMENT, dated (the "Amendment") and
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WHEREAS, the Amendment provides for the Term of the Agreement to be automatically
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extended for five (5) years from its expiration date of September 30, 1999, unless the Agency gives
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BFI written notice prior to September 30, 1997 that it has determined not to extend the Franchise
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Term; and
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WHEREAS, the parties entered into a Second Amendment providing that the Agency would
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have until June 30, 1998 to give BFI written notice of the Agency's determination not to extend the
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Franchise Term, and
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WHEREAS, the parties, together with other agencies in the South Bayside Transfer Station
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Authority Joint Powers Authority (the "JPA") are still in the process of negotiating terms and
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conditions of the Agreement, and BFI has agreed to extend the date for the Agency to provide
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written notice to terminate the Franchise Agreement from June 30, 1998 to June 30, 1999, and the
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parties desire to extend the expiration of Franchise date from September 30, 1999 to September 30,
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2000.
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NOW, THEREFORE, BE IT AGREED as follows:
1. Section 2.2. Term, Subsection (c) is amended to read as follows:
Section 2.2(c) - Extension. The term of this
Agreement shall run through September 30, 2000 and
thereafter be extended automatically for an additional
four (4) successive operating years from September
30, 2000 to September 30, 2004; provided that such
extension shall not be effective if, on or before June
30, 1999 the Agency gives BFI written notice of the
Agency's determination not to extend the term which
would expire on September 30, 2000. All reference to
"term", herein, shall be deemed to include the
extension of the amended term.
2. In all other respects the Agreement shall remain unchanged.
BROWNING -FERRIS OF
CALIFORNIA, INC.
Date: , 199
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CITY OF
By:
Date: , 199