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HomeMy WebLinkAbout2011-11-08; City Council; 20734; AMENDMENT 2 EXTEND DEADLINE PALOMAR TRANSFERCITY OF CARLSBAD - AGENDA BILL AB# 20,734 MTG. 11/08/11 DEPT. UTIL APPROVAL OF AMENDMENT NO 2 TO EXTEND THE DEADLINE FOR THE CITY TO ISSUE NOTICE OF USE OF THE PALOMAR TRANSFER STATION DURING THE SUBSEQUENT OPERATING PERIOD DEPT. DIRECTOR ~>%' CITY ATTORNEY (&^ CITY MANAGER ^^ RECOMMENDED ACTION: Adopt Resolution No. 2011-264 authorizing the extension of the deadline for the City of Carlsbad ("City") to issue Palomar Transfer Station, Inc. ("Contractor") notice of intent to utilize the PTS during the Subsequent Operating Period. ITEM EXPLANATION: The City currently has an agreement ("Agreement") with the Contractor to dispose of the City's solid waste at the Palomar Transfer Station ("PTS"). This agreement includes a 10-year Initial Operating Period, which is set to expire on May 31, 2012, where all solid waste generated within the City must be disposed of through the PTS. The City has the option of extending the Initial Operating Period by three (3) year terms, otherwise the agreement will fall into a stage know as the Subsequent Operating Period. The Subsequent Operating Period gives the City a choice to send some, all or none of its solid waste to the PTS. In order to utilize the PTS during the Subsequent Operating Period, section 6.03 of the Agreement requires the City to provide one (1) year advanced written notice to the Contractor stating how much (if any) solid waste will be taken to the PTS. On March 29, 2011, at a City Council workshop, City Staff ("Staff') presented the City Council with options related to solid waste services, including the use of the PTS. Staff received direction at the workshop to work with the solid waste hauler and the Contractor to discuss options for solid waste services. The Contractor and solid waste hauler agreed to provide proposals related to solid waste services for Staff and City Manager consideration. In order to have sufficient time to consider the options to either extend the Initial Operating Period or utilize the Subsequent Operating Period, Staff and the Contractor would like to extend the deadline for the City to issue the Contractor notice of intent to utilize the PTS during the Subsequent Operating Period to 5 p.m. on March 30, 2012. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. DEPARTMENT CONTACT: Craig Schmollinger 760-602-7502 Craig.Schmollinger(a),carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D n n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES n Dn n Page 2 FISCAL IMPACT: Staff will be analyzing all proposals and options for utilizing the PTS. In doing so, Staff will be able to identify either cost savings or additional costs with the available options that will be presented for further consideration. EXHIBITS: 1. Resolution No. 2011-264 authorizing the extension of the deadline for the City of Carlsbad ("City") to issue Palomar Transfer Station, Inc. ("Contractor") notice of intent to utilize the PTS during the Subsequent Operating Period. 2. Amendment No. 2 to the Agreement to extend the deadline for the city to issue notice of use of the Palomar Transfer Station during the subsequent operating period. 1 RESOLUTION NO. 2011-264 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO EXTEND THE DEADLINE FOR 3 THE CITY TO ISSUE NOTICE OF USE OF THE PALOMAR TRANSFER STATION DURING THE SUBSEQUENT 4 OPERATING PERIOD. 5 WHEREAS, the City of Carlsbad has an Agreement with Palomar Transfer Station, Inc. 6 for Transfer Station and Disposal Services; and WHEREAS, the City is required by the Agreement to deliver all solid waste generated in 8 the City of Carlsbad for ten years ending on May 31, 2012, which is defined as the "Initial 9 Operating Period"; and 10 WHEREAS, section 6.03 of the Agreement provides that the City must give the Contractor one year advance notice of the City's election to send some, all or none of the City's solid waste to the PTS during the Subsequent Operating Period, and to provide estimates \ \J regarding such waste deliveries; and14 WHEREAS, the City and Contractor wish to continue their ongoing discussions I 0 regarding an extension of the Initial Operating Period or, alternatively, for the City to elect to send16 some, all or none of the City's solid waste to the PTS during the Subsequent Operating Period should that period commence on June 1, 2012, and, to assist these discussions, both Parties wish1o 1Q to extend the City's deadline to make its election to provide the written notice described in Sectioni y 2Q 6.03 to Contractor. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows: 23 1. That the above recitations are true and correct. 24 2. That the City Council authorizes the amendment to the Agreement to extend the 25 deadline for the City to issue the Contractor notice of use of Subsequent Operating Period for the 26 Palomar Transfer Station to 5 p.m. on March 30, 2012. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on 8th day of November 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. W&6MATT^ALL, Mayor ATTEST: E M. WOOD, City Clerk AMENDMENT NO. 2 fO THE AGREEMENT FOR TRANSFER STATION AND DISPOSAL SERVICES (PALOMAR TRANSFER STATION, INC.) <y~. x) Amendment No. 2 is entered into and effective as of the 0 day of v / ^Lg^Kn-^ZA- . 2011, amending the agreement dated June 1, 2002, (the "Agreement") by and between the City of Carlsbad, a municipa! corporation, ("City"), and Palomar Transfer Station, Inc., a California corporation ("Contractor") (collectively, the "Parties") for transfer station and disposal services. RECITALS A. WHEREAS, on May 30, 2011, the Parties executed Amendment No. 1 to the Agreement to extend the deadline for the City to notice Contractor, in writing, of City's intent to send some, all or none of City's waste to the PTS during the Subsequent Operating Period to 5 pm on December 2, 20 11 (the "Notice"); and B. WHEREAS, Section 6.03 of the Agreement provides that the City must give the Contractor one. year advance notice of the City's election to send some, all or none of the City's waste to the PTS during the Subsequent Operating Period, and to provide details regarding such waste deliveries; and C. WHEREAS, the Parties desire to continue their ongoing discussions regarding an extension of the Initial Operating Period, or alternatively, the City to elect to send some, all or none of the City's waste to the PTS during the Subsequent Operating Period should that period commence on June 2, 2012, and, to assist these discussions, both Parties wish to extend the City's deadline to make its decision to provide written notice described in Section 6.03 to Contractor. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The Agreement, as may have been amended from time to time, hereby extends the Notice deadline to March 30, 2012. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. III City Attorney Approved Version 09.22.10 5 3. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR PALOMAR TRANSFER STATION, INC., a California corporation *By: CITY OF CARLSBAD, a municipal corporation of the State of California By: _--^ (sign here) Jim Ambroso / Vice President (print name/title) ATTEST: (sigpjwe) Warren Semper / Assistant Secretary (print name/title) )RRAINIE M. WOOD City Clerk ~ .r PIf required by City, proper notarial acknowledgment of execa attached. If a corporation. Agreement must be signed by one corpj following two groups: ' ctor must be each of the "Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney DeputyCity Attorney City Attorney Approved Version 09.22.10