HomeMy WebLinkAboutReso - CC - 015-2007RESOLUTION NO. 15-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DELEGATING AUTHORITY TO
THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY
TO IMPOSE AND COLLECT LIQUIDATED DAMAGES
FOR FAILURE TO PERFORM AND NON-COMPLIANCE WITH THE
PERFORMANCE STANDARDS CONTAINED IN THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF BURLINGAME AND ALLIED WASTE INC.
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, Allied Waste, as successor to Browning-Ferris Industries, holds a franchise
with the City of Burlingame to collect and dispose of refuse and various recyclables within the
City; and
WHEREAS, Section 11.03 of the Franchise agreement sets service performance
standards for Allied Waste and liquidated damage amounts for failure to meet those standards;
and
WHEREAS, the City of Burlingame is a member of the South Bayside Waste
Management Authority Joint Powers Agreement and relies on the appointed staff of the
Authority for the administration of the franchise agreement; and
WHEREAS, the South Bayside Waste Management Authority is empowered to review
and ascertain Allied Waste's compliance with the service performance standards of the franchise
agreement on behalf of the City of Burlingame; and
WHEREAS, delegation of authority to the South Bayside Waste Management Authority
to assess and collect liquidated damages for failure to meet these standards would provide an
efficient, more effective, and more uniform system for enforcement by the City and the other
members of the Authority,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Council hereby delegates authority to impose and collect liquidated
damages for non-compliance with the service performance standards provisions of the franchise
between the City of Burlingame and Allied Waste to the South Bayside Waste Management
Authority.
2. Any and all liquidated damage amounts assessed and collected on behalf of the
City of Burlingame is revenue of the City of Burlingame.
3. This delegation of authority is subject to withdrawal or suspension at any time by
further action of the City Council. ^
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MA/VOR
I, DORIS MORTENSEN, 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 21st day
of February , 2007, and adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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