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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. ^ Iv 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 2