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HomeMy WebLinkAboutReso - CC - 017-2010Resolution No. 17-2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CONSENTING TO THE ASSIGNMENT OF THE BURLINGAME SOLID WASTE COLLECTION FRANCHISE AGREEMENT BY ALLIED WASTE INDUSTRIES, INC., TO REPUBLIC SERVICES, INC. WHEREAS, in 2000 the South Bayside Waste Management Authority (SBWMA) Member Agencies entered into respective Franchise Collection Agreements, as subsequently amended, with BFI Waste Systems of North America, Inc. (BFI), now a wholly owned subsidiary of Allied Waste Industries, Inc., a Delaware corporation (Allied), (hereinafter the Franchise Collection Agreement); and WHEREAS, by an agreement of June 22, 2008, Allied, pursuant to an Agreement and Plan of Merger, merged with Republic Services, Inc., a Delaware corporation (Republic), and effective December 5, 2008 Republic became the surviving corporation and Allied became a wholly owned subsidiary of Republic; and WHEREAS, the SBWMA has reviewed the financial records and performance of Republic as part of the RFP processes for both the new Shoreway Operations Agreement with the SBWMA and Collection Agreements with Member Agencies and is satisfied that the merger of Allied and Republic, with Republic as the Contractor, will not be detrimental to the SBWMA or its member entities, and that a Consent to Assignment can be issued; and WHEREAS, the current franchise agreement will end on December 31, 2010, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Burlingame hereby gives its consent to the assignment of the respective Franchise Collection Agreement to Republic by Allied conditioned on Republic executing a revised Guaranty Agreement, and providing a new Performance Bond pursuant to the requirements of said Franchise Collection Agreements. Itt— � Cathy Baylock, Mayor I, Mary Ellen Kearney, 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 15h day of March, 2010, and was adopted thereafter by the following vote: AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE F.t Mary Aleii Kearney, City Clerk