HomeMy WebLinkAboutResolution 96-332 12/02/1996
Resolution No. ss-332 N.C.S.
of the City of Petaluma California
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN INTERIM
EXTENSION OF THE OPERATIONS AND MAINTENANCE AGREEMENT WITH
WHEELABRATOR ENVIROTECH OPERATING SERVICES
1 WHEREAS, the City of Petaluma and Wheelabrator Envirotech Operating Services have an
2 existing operations and maintenance agreement; and
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4 WHEREAS, said agreement, as amended in 1993, stipulates that the agreement will expire on
5 February 16, 1997; and
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7 WHEREAS, the City is soliciting proposals for design, construction, ownership and operation of
8 anew wastewater treatment facility; and
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] 0 WHEREAS, a decision regarding said proposals will not occur prior to the expiration of the
11 existing agreement;
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13 NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to execute
14 an agreement with Wheelabrator Envirotech Operating Services to extend the term of the current
15 operational agreement per Exhibit A; and
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17 BE IT FURTHER RESOLVED that, except where noted in the attached Exhibit A,
18 compensation for operation and maintenance or other services provided under the agreement will not
19 change for the term of the extended agreement.
Under the power and authority conferred upon this Council by the Charter of stud City.
REFERENCE: I hereby certify ttie foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (AC~citxi~dkX$P~'1 meeting form
on the .....2,nd ............. day of .......I1QC.0IILbf~r......--------......---.., 19.--9.6, by the
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following vote: - ~ ~~--~----
City Attorney
AYES: Maguire, Hamilton, Barlas, Read, Vice Mayor Stompe, Mayor Hilligoss
NOES: None
ABSENT: Shea `
~ ;
ATTEST: 11..... f --........------~------.._ ................._...---....._........ ~ ~------~--~-- --~-------.........._-----~-- -- ........... .---
~--
ity Clerk Mayor
(.bunch File ................._......._.......
<:, .o-u~ k~s. vo._.96.-33.2.._..._ n.cs.
AMENDMENT
OPERATIONS AND MAINTENANCE AGREEMENT
WHEREAS, the City of Petaluma and WEOS, Inc. are desirous of
amending the agreement dated February 7, 1984 and as subsequently
amended.
WHEREAS, the City Council adopted Resolution NO.
on 1996 authorizing the City Manager to enter into
an amended Agreement;
NOW, THEREFORE, in consideration of the mutual agreement
herein contained and subject to the terms and conditions herein
stated, it is hereby understood and agreed by the parties hereto as
follows:
Article II - Term is amended to read as follows:
Contract Term - The contract will be annually
renewed unless the City ndtifies WEOS in writing 90
days prior to the February 16 contract date, i.e.
by November 1$ of the preceding year.
Contract Termination For 'Convenience is added to
read as follows: The contract can be terminated
for convenience by the City with a 90 day written
notice to ,WEOS. WEOS can terminate the contract
for convenience with a 180 day written notice to
the City.
Article III - Scope of Services, Section D, Paragraph 4, is added
to read:
CAPITAL PURCHASES: WEOS` will provide capital
purchases to the City as per Article IV, Section C.
Scone of Services, Section N is added to read:
SLUDGE HANDLING.: Compensation for sludge services
to the: City will be delineated in Article IV,
Section D.
Scone of Services., Section 0 is added to read:
EDUCATION AND COMMUNITY PROGRAM: WEDS will develop
a series of community_~outreach programs promoting
water conservation, the beneficial use of re laimed
water, and pollution prevention programs with the
City prior to the begi'hning of each calendar year.
At the beginning of each calendar year, WEOS will
submit a community outreach program to the City.
This plan will detail the organizations and
activities WEOS will participate within the coming
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year,. Annually', thereafter`WEOS will also provide
a report and pr-esentat~on:to City staff and council
reviewing 'the primary activities and
accomplishments for ,community relations ,program
completed in that calendar year.
Article IV -
Compensation, is amend'ed', to add Section C to .read:
1. At the 'City's discretony WEOS will assist the
City wfh capital purchases of less than '$15, 000
for cost-plus either $100 or 1$ service fee of the
total project cost which ever is greater.
2, At the City's discretion, WEDS will assist. the
City with capital purchases greater than $15,000 by
prow-idng specification 'development, bidding;
bidding review, procurement, and 'invoice tr"acking
services: WEOS will `be compensated for this
capta3 purchase procurement` assistance by
invoicing the City fore the cost of the equipment
and for all direct charges incurred in the
provision of the services "listed above plus T5~ for
overhead. and profit on cost of said service's.
There wil-L not be any overhead or profit 'added to
the .cost.. of the equipment, purchased :including
equipment purchased from firms allied with WEDS.
3. WEDS will assist the City in replacement of the
Pond. Site; Aeration equipment', by providing desigh
specification development, b1dd"ing, bidding review,
procurement, invoice tracking., and share with the
City, tkie project management responsibilities at no
cost to th'e City. WEOS'wi11 also provide a 3 .year,
b~ interest loan of approximately $415,000 to carry
out the r_ep'lacement, project. Should the City
terminate the service agreement prior to the 3 year
term,of;the loan, the City will be obligated to pay
off the outstanding principal balance within 60
days after termination of, the agreement:
Compensat-ion, is, amended 'to add. Section D to read:
_. _,., _
SLUDGE HANDLING COST: WEDS will provide sludge
services above'the.'base oontract at cost, plus 15$
for overhead and profit: WEOS will develop a
monthly invoice which will clearly display all cost
for processing ,and. disposing of all City wastewater
sludge. _The invoice wT=l be accompanied by, a City
approved .worksheet which will itemize sludge
disposal.;, operation .and, maintenance, and the belt
press. lease costs.
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SIGNATURE PAGE
It is understood and agreed among the parties that all other terms
of the agreement which have not been amended herein shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this document
the day, month and year first above written.
CITY OF PETALUMA:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM.:
City Attorney
APPROVED:
Risk Manager
APPROVED:
Finance Director
WHEELABRATOR-EOS
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