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HomeMy WebLinkAboutReso - CC - 016-2012RESOLUTION NO. 16-2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING THE BAY AREA BIO -SOLIDS JOINT POWERS AUTHORITY TO ADD THE CITIES OF SAN JOSE AND SANTA ROSA TO THE AUTHORITY WHEREAS, the member agencies of the Bay Area Bio -Solids Joint Powers Agreement have entered into an agreement to share the costs of developing a financial and environmental evaluation of established alternatives to Class B land application/landfill ADC/landfill disposal of sewage treatment plant solid waste, including planning activities for the future development of a Bay Area Bio -Solids recycling facility; and WHEREAS, in 2009, the City of Burlingame became a member of the Bay Area Bio -Solids Joint Powers Agreement so that it could explore the feasibility and cost of disposing of the Burlingame Treatment Plant's solid waste in an efficient, cost—effective and environmentally -friendly manner; and WHEREAS, the JEPA now is asking the member entities to adopt a further amendment to the JEPA in order to allow the City of San Jose and the City of Santa Rosa to enter into the agreement; and WHEREAS, the City of Burlingame has paid its portion of phase I membership in the JEPA and, accordingly, the addition of other agencies extends the value of the investment by increasing the available pool of funds for phase 1 efforts; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame hereby approves membership of the City of Burlingame in the Bay Area Bio -Solids Joint Powers Agreement and authorizes the Mayor to execute the First Amendment the Joint Powers Agreement, in the form attached hereto and incorporated herein. LAA Je Deal, Ma/r 1, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 19th` day of Mach, 2012, by the following vote to wit: AYES: Councilmembers: BAYLOCK,BROWNRIGG,DEAL, KEIGHRAN,NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Mary Ell n Kearney, City Clerk BAY AREA SOLIDS RECYCLING FACILITY SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT This second amendment to joint powers agreement ("Second Amendment") is dated , 2012, and is by and among the City and County of San Francisco, a municipal corporation acting by and through the Public Utilities Commission, and the City of Burlingame, a municipal corporation, the City of Livermore, a municipal corporation, the City of Millbrae, a municipal corporation, the City of Richmond, a municipal corporation, the North San Mateo County Sanitation District, a local public agency of the State of California, the West County Wastewater District, a local public agency of the State of California, the Central Marin Sanitation Agency, a local public agency of the State of California, Delta Diablo Sanitation District, -a local public agency of -the State of..California,.Dublin..San_RamO-aServlces District, a local public agency of the State of California, Fairfield -Suisun Sewer District, a local public agency of the State of California, Ironhouse Sanitary District, a local public agency of the State of California, Sausalito -Marin City Sanitary District, an independent public corporate agency of the State of California, South Bayside System Authority, a local public agency of the State of California, Union Sanitary District, a local public agency of the State of California, and Vallejo Sanitation and Flood Control District, a local public agency of the State of California, all duly organized and existing under the laws of the State of California and acting by and through their respective governing bodies. BACKGROUND The Parties desire to amend the March 30, 2006 agreement entitled "Joint Exercise of Powers Agreement, " as amended May 29, 2009 (the "Agreement'), to create a mechanism for other entities to become Parties to the Agreement upon (i) approval by a majority of then -current Parties, and (ii) execution of a completed Addendum, as defined below. The Parties therefore agree as follows: AGREEMENT 1. Definitions. Defined terms not otherwise defined in this Second Amendment have the meaning ascribed to them in the Agreement. 2. Definition of Party. The definition of "Party" and "Parties" set forth in the introductory paragraph of the Agreement is deleted and replaced with the following: "Each party to this Agreement is a Tarty."' 3. Definition of Addendum. The term "Addendum" means an agreement that is in substantial Page 1 of 8 costs associated with management of the immediate Project will be credited against its cost share for the future project. (g) Any public agency in the Bay Area responsible for processing and/or managing biosolids may become a Parry to the Agreement upon approval by (i) a majority vote of the representatives of the then -current Parties on the steering committee, and (ii) the execution of an Addendum by the incoming Party; provided, however, any Party that becomes a Party through an Addendum is not subject to Section 5 (a) and Section 5 (b) of this Agreement, but is instead subject to Section 5 (h). (h) At the time the then -current Parties consider a request to add a Party through an Addendum, the then -current Parties will also consider whether any change to the cost sharing provisions should be made as a condition of adding the proposed party. Unless determined otherwise by the then -current Parties before the new Party is added, the total payment, or cost share; due from a Party added to this Agreement by Addendum will be based on the proposed new Party's 2007 average dry weather flow and will be equal to that of the Party identified on Exhibit B to the First Amendment that has the same 2007 average dry weather flow as the proposed new Party. if the new Party's flow is between the 2007 average dry weather flows of two existing Parties, the total payment of the proposed new Party will be a straight proportion calculated based on the two closest average dry weather flows and respective payments shown in Exhibit B to the First Amendment. The total payment made by the new Party will be added to the remaining balance of payments made by all Parties and shall increase the amount of funds available to the Parties to carry out the purposes of this Agreement. The total payment made by a new Party may be made either in one lump sum amount or through installment payments, as approved by the Steering Committee. (i) The Steering Committee may grant a credit to a Party for in-kind services in situations where that Party carries out a demonstration of a new technology that contributes to the purposes of this Agreement. The resulting decision will be documented by a memo for all Parties." 6. Effect. Except as modified by this Second Amendment, all provisions of the original Agreement, as amended by the First Amendment, remain in full force and effect and continue to bind all Parties hereto. 7. Counterparts. This Second Amendment may be executed in multiple counterparts, each of which constitutes an original, and all of which together constitute one and the same agreement. 8. Signatures. The following signatures attest the Parties agreement hereto. Page 3 of 8 CENTRAL MARIN SANITATION AGENCY Approved as to form: Jack Govi Assistant County Counsel DELTA DIABLO SANITATION DISTRICT Approved as to form: Mary Ann Mason District Counsel DUBLIN SAN RAMON SERVICES DISTRICT Approved as to form: Robert B. Maddow General Counsel FAIRFIELD-SUISUN SEWER DISTRICT Approved as to form: Mark Cornelius District Counsel Jason R. Dow General Manager Gary W. Darling General Manager Bert L. Michalczyk General Manager Kathy Hopkins General Manager Page 5 of 8 SOUTH BAYSIDE SYSTEM AUTHORITY Approved as to form: David E. Schricker General Counsel UNION SANITARY DISTRICT Approved as to form: David M. O'Hara District Counsel Daniel Child Manager Richard Currie General Manager VALLEJO SANITATION AND FLOOD CONTROL DISTRICT Approved as to form: Favaro, Lavezzo, Gill, Caretti & Heppell District Counsel WEST COUNTY WASTEWATER DISTRICT Approved as to form: Alfred A. Cabral Board Attorney Ron Matheson District Manager E. J. 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