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
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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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.
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WHEREAS, the City of Carlsbad has an Agreement with Palomar Transfer Station, Inc.
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for Transfer Station and Disposal Services; and
WHEREAS, the City is required by the Agreement to deliver all solid waste generated in
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the City of Carlsbad for ten years ending on May 31, 2012, which is defined as the "Initial
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Operating Period"; and
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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
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regarding such waste deliveries; and14
WHEREAS, the City and Contractor wish to continue their ongoing discussions
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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.
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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
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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