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HomeMy WebLinkAboutMINUTES - 11071995 - C83 TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY DATE: NOVEMBER 7, 1995 SUBJECT: WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (WCCIWMA) SOLID WASTE DISPOSAL ACTIONS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: AUTHORIZE proposed Amendment No. 1 to the Contract between WCCIWMA and Contra Costa County (Attachment A) to extend the contract renewal from two years to five years; and DIRECT staff to take the necessary steps within the Contract and the use permit for the IRRF in order to accomplish the following: Section 9 of the Contract (Attachment B) represents agreement between the County and the Authority for solid waste disposal. That section states that if an out-of- County landfill charge is within five percent of the in-County landfill, the in-County landfill will be allowed to make up the difference. Part of the way in which this difference can be made up is by the County offering$2.00 of its franchise fee, within the overall mitigation cap, in order to reduce price for the consumer and make the in-County landfill more competitive. FISCAL IMPACT: f Deposit within County landfill will produce revenue to the County through franchise fees. BACKGROUND/REASONS FOR RECOMMENDATIONS: On October 17, 1995, the Authority sent Request for Proposals for landfill disposal. This action represents an effort to keep solid waste disposal within the County. CONTINUED ON ATTACHMENT: —YES SIGNATURE: U RECOMMENDA'T'ION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON)6 AM ,k �5 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE,AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE _UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES- ABSENT: ) 1 `l ABSENT: ABSTAIN: ATTESTED PAIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR VA:dg BY JtM n. v"&Qo DEPUTY wcciwma bo Contact: Val Alexeeff(646-1620) CC: County Administrator County Counsel GMEDA Departments WCCIWMA(via GMEDA) DUPLICATE ORIGINAL 3 /l-7-�� 1 AMENDMENT NO. 1 2 TO THE 3 CONTRACT BETWEEN 4 WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY 5 AND 6 CONTRA COSTA COUNTY 7 This Amendment No . 1 is entered into as of 0566170a 8 1995 , by and between the WEST CONTRA COSTA INTEGRATED WASTE 9 MANAGEMENT AUTHORITY (hereinafter "Authority" ) , a public entity 10 Joint Powers Authority, and the COUNTY OF CONTRA COSTA 11 (hereinafter "County" ) , a political subdivision of the State of 12 California. 13 BACKGROUND 14 A. WHEREAS, the Authority and County have executed that 15 certain contract dated May 25, 1993 , (hereinafter the "Underlying 16 Contract" ) ; 17 B. WHEREAS, at the time of execution of the Underlying 18 Contract, it was contemplated by the parties that closure of the 19 West Contra Costa Sanitary Landfill would occur reasonably 20 proximate to the start of commercial operation of the West County 21 Integrated Resource Recovery Facility (hereinafter "IRRF" ) ; 22 23 24 1 I C . WHEREAS, the operator of the West Contra Costa Sanitary 2 Landfill has advised that it expects that the West Contra Costa 3 Sanitary Landfill will close as late as March 1997, approximately 4 fourteen to fifteen months after the anticipated start of 5 commercial operation of the IRRF . 6 D. WHEREAS, the IRRF no longer includes the WCCSL 7 Landfill/Processing Facility (County Land Use Permit No . 2054-92 8 and City of Richmond Conditional Permit No . 92-53 ) ; and 9 E. WHEREAS, the Authority and County desire to amend the. 10 Underlying Contract to reflect the changes in conditions which 11 have occurred in the more than two years since execution of the 12 Underlying Contract and to improve the environment for the 13 Authority' s selection of the most cost effective landfill to 14 receive waste from the West County Integrated Resource Recovery 15 Facility (hereinafter "IRRF" ) by ensuring stability and providing 16 for an amount of waste that will attract the interest of landfill 17 operators . 18 THEREFORE, THE COUNTY AND AUTHORITY DO HEREBY AGREE AS 19 FOLLOWS : 20 SECTION 1 . Section 1 . 10 of the Underlying Contract is 21 hereby superseded and replaced in its entirety by the following: 22 23 24 2 1 111 . 10 "IRRF" means the integrated resource recovery 2 facility consisting of a Central Processing Facility (County Land 3 Use-Permit No . 2053-92) and the existing Interim Recycling Center 4 and the lands and appurtenances associated with these 5 facilities . " 6 SECTION 2 . Section 9 . 4 (a) of the Underlying Contract is 7 hereby superseded and replaced in its entirety by the following: 8 " (a) Termination at the sole discretion of the Authority at 9 the end of five (5) years after. the start of delivery of waste to 10 the landfill selected by the Authority, other than West Contra 11 Costa Sanitary Landfill, to receive IRRF waste and thereafter at 12 the end of each subsequent five (5) year period. " 13 SECTION 3 . Except as amended in the foregoing, all other 14 terms, conditions and provisions of the Underlying Contract 15 remain unchanged. 16 IN WITNESS WHEREOF, the County and Authority have caused 17 this Amendment No . 1 to be duly executed and attested by the 18 respective officers, duly authorized to so act, as the date set 19 forth in the first paragraph of this Amendment No . 1 . 3 WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY ATTEST: . R bin E. Slavik e M. Gomes Secretary air of the Board COUNTY OF CONTRA COSTA ATTEST: Phil Batchelor, ClerkZ�i� A4 of the Board of Gayl Bishop Supervisors and Chief Chair of the Board Administrative Officer of Supervisors By: Consent of Union Bank: D uty B:64amendl B JULIE 13. BLOOMr-IEL MICE PRESIDENT 4