HomeMy WebLinkAbout2019-10-15; City Council; Resolution 2019-203RESOLUTION NO. 2019-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT FOR
TRANSFER STATION AND DISPOSAL SERVICES BETWEEN THE CITY OF
CARLSBAD AND PALOMAR TRANSFER STATION, INC. TO COMPOST THE
CITY'S GREEN WASTE AT AGROMIN -OC, LLC (AGROMIN), EFFECTIVE JAN.1,
2020.
WHEREAS, an agreement dated June 1, 2002, was made by and between the City of Carlsbad
and Palomar Transfer Station, Inc., (a wholly owned subsidiary of Republic Services, Inc.) for transfer
station and disposal services (Agreement); and
WHEREAS, the city is required by the Agreement to deliver all solid waste generated in the City
of Carlsbad to the Palomar Transfer Station until June 30, 2022, unless the Agreement is otherwise
extended or amended by the City Council; and
WHEREAS, pursuant to Section 4.01 of the Agreement, all city source separated green waste
materials accepted at the Transfer Station are currently delivered to the Otay Landfill, the Designated
Processing Facility under the Agreement, for use as Alternative Daily Cover (ADC); and
WHEREAS, beginning on Jan. 1, 2020, pursuant to Assembly Bill (AB) 1594, the city will not
receive diversion credit for its green waste that is used as ADC at landfills; and
WHEREAS, the city currently relies on ADC diversion credit to meet the 50% citywide diversion
rate requirement under AB 939; and
WHEREAS, Section 3.29 of the Agreement allows the city to deliver, or cause to be delivered,
source separated recyclable materials such as green waste, which are collected from city residents or
businesses by designated hauler(s), to the Transfer Station for consolidation and transfer and transport
to a processing location or off-site location designated by the city; and
WHEREAS, under Section 3.29, the city has designated Agromin as the processing location for
composting of all source separated organic materials that are delivered to the Transfer Station by the
city's designated hauler; and
WHEREAS, Agromin is a commercial compost facility that is co-owned by Republic Services,
Inc., and permitted to accept 200 tons per day of local green waste, and Agromin has capacity to
divert all the city's green waste volume through composting, which will ensure the city's continuing
compliance with AB 939; and
WHEREAS, under Section 3.29, the Parties negotiated a change in the contractor's scope of
work and compensation to incorporate the new composting services, effective Jan. 1, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the mayor of the City of Carlsbad is hereby authorized and directed to sign
Amendment No. 4 to the Agreement with Palomar Transfer Station, Inc., attached
hereto as Attachment A.
October 15, 2019 Item #2 Page 5 of 15
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of October 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
~ Hutor ~me-z, P<p•':J
-{~(BARBARA ENGLESON, City Clerk C,+J
{SEAL)
,,,11111111111111t,, ,S,''~o'''~ CAJ:1/111❖❖• ,:,; ,T~,-~~ ~~ .. -··~·-... u~
[~/~··· .. ~ lot~y~) J
~ ·· .... -,,., ...... ·· ~ ~"·· ' .. -..~ ~ '-~, ·············...\,~-,$' -❖❖1t,/-IFO~~,,,"~
l/////lilllllllll\\l
CIU~
October 15, 2019 Item #2 Page 6 of 15
ATTACHMENT A
PSA20-872ENV
AMENDMENT NO. 4 TO AGREEMENT FOR
TRANSFER STATION AND DISPOSAL SERVICES
REPUBLIC SERVICES, INC., dba PALOMAR TRANSFER STATION, INC.
This Amendment No. 4 is entered into and effective as of the /£ fl,, day of
OcfabeC , 2019, amending the agreement dated June 1, 2002, (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Republic
Services, Inc., dba 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 deliver written notice to Contractor of the City's
election to send some or all of the City's waste to the Palomar Transfer Station (PTS) during the
Subsequent Operating Period pursuant to Section 6.03; and
B. WHEREAS, on November 8, 2011, the Parties executed Amendment No. 2 to the
Agreement to further extend the deadline for the City to deliver written notice to Contractor of the
City's election to send some or all of the City's waste to the PTS during the Subsequent Operating
Period pursuant to Section 6.03; and
C. WHEREAS, on February 15, 2012, the Parties executed Amendment No. 3 to the
Agreement to extend the Initial PTS Operating Period for ten (10) years and one (1) month, with
one (1) three (3) year extension option at the mutual agreement of the Parties; and
D. WHEREAS, pursuant to Section 4.01 of the Agreement, all City source separated
organic materials (currently defined as green waste) accepted at the Transfer Station are currently
delivered to the Otay Landfill, the Designated Organics Processing Facility under the Agreement,
for use as Alternative Daily Cover (ADC); and
E. WHEREAS, beginning on January 1, 2020, pursuant to Assembly BIii 1594, the
City will not receive diversion credit for its green waste that is used as ADC at landfills; and
F. WHEREAS, the City currently relies on ADC diversion credit to meet the 50 percent
citywide diversion rate requirement under Assembly Bill 939; and
G. WHEREAS, Section 3.29 of the Agreement allows the City to deliver, or cause to
be delivered, source separated recyclable materials such as green waste, which are collected
from City residents or businesses by designated hauler(s), to the Transfer Station for
consolidation and transfer and transport to a processing location or off-site location designated
by the City; and
H. WHEREAS, under Section 3.29, the City has designated Agromin -OC, LLC
(Agromin) as the processing location for composting of all source separated organic materials
that are delivered to the Transfer Station by the City's designated hauler; and
I. WHEREAS, under Section 3.29, the Parties have negotiated a change in the
Contractor's scope of work for the new composting services and changes to Contractor's
October 15, 2019 Item #2 Page 7 of 15
PSA20-872ENV
compensation for the PTS Organic Fee -Compost, effective Jan. 1, 2020, as reflected in the
amended City-Regulated Service Fees which are attached to and incorporated by this reference
as Exhibit "A".
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The following shall be added after the last paragraph in Section 3.29:
Contractor shall Transfer and Transport to Agromin for composting all Source
Separated Organic Materials that are collected from City residents or businesses
by the City's Designated Hauler(s) and Delivered to the Transfer Station.
Contractor shall apply the PTS Organic Fee -Compost to the City's Source
Separated Organic Materials, as that fee may be adjusted from time to time under
Section 8.06.
2. The attached Exhibit "A" shall serve as the fee schedule for the PTS Organic Fee
-Compost.
3. All referenced amendments to the Agreement shall be effective beginning on
January 1, 2020.
4. All other provisions of the Agreement, as it may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
City Attorney Approved Version 9/27/16
2
October 15, 2019 Item #2 Page 8 of 15
PSA20-872ENV
6. The individuals executing this Amendment and the instruments referenced in it 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 of this Amendment.
CONTRACTOR
Republic Services, Inc., dba Palomar
Transfer Station, Inc., a California
Corporation ~
By: -✓ ::. -2:
(sign here)
--rr;, ol} J/V)<;/'), 1/u. ~\ Je~\:-
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ATTEST:
By~
~ here) ~ 1 fltc1K 6omn, Dq;,;"!j
,{1,,r Barbara Engleson, C ity Clerk CitJ
G \een :;B.6C)-\vl:e(r ~-9,«.W~
(print name/title)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
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:
CELIA A BREWER, City Attorney
BY: ~~/ __ D_e_p-'u•tyc::;C;._i_ty_A_tt.....,oaar_n--'eo"""-,----
City Attorney Approved Version 9/27/16
3
C/pliC
October 15, 2019 Item #2 Page 9 of 15
EXHIBIT "A"
CITY-REGULATED SERVICE FEE FOR COMPOST
EFFECTIVE JANUARY 1, 2020
PSA20-872ENV
PTS Organic Fee -COMPOST
Component Per Ton Charges
Base $61.02
Fuel $4.77
Government Fees $2.50
Total Rate $68.29 per ton
City Attorney Approved Version 9/27/16
4
October 15, 2019 Item #2 Page 11 of 15