HomeMy WebLinkAboutResolution 2008-104 N.C.S. 06/16/2008Resolution No. 2008-104 N.C.S.
of the City of Petaluma, California
APPROVING FOURTH AMENDMENT TO AGREEMENT WITH SONOMA COUNTY
WASTE MANAGEMENT AGENCY FOR AB 939 SERVICES AND LJSE OF
HOUSEHOLD HAZARDOUS WASTE DISPOSAL FACILITY
WHEREAS, in conformance with AB 939 waste diversion requirements, the City of
Petaluma promotes safe and proper disposal of household hazardous waste as an important
component of its. waste management program; and,
WHEREAS, when the City of Petaluma began hauling its garbage outside of the County,
it entered into an agreement with the Sonoma County Waste Management Agency (herein
referred to as Agency) that, in return for a yearly fee, Petaluma residents would have continued
use of the County's Household Hazardous Waste Facility and associated Agency services; and,
WHEREAS, the Household Hazardous Materials Facility Use Agreement (herein
referred to as Agreement), dated January 1, 2005, was subsequently amended on January 1,
2006, to extend the terms to the end of FY 07 (June 30, 2006); a second amendment, dated July
1, 2006, extended the terms for one year and added additional Agency surcharge-funded
services; and a third amendment, dated July 1, 2007, extended terms for one year and revised the
method of calculating compensation amounts, based on the previous year's actual tonnage of
solid waste disposed by the City's contracted hauler during the previous. year; and,
WHEREAS, a fourth amendment is proposed to extend the Agreement for Petaluma's
participation in the Household Hazardous Waste Program and other Agency services for an
additional twelve (12) months, until June 30, 2009, and to adjust compensation; and,
WHEREAS, during the term of the fourth amendment, Petaluma will continue to provide
monthly tonnage reports to the Agency for the purpose of AB 939 reporting, and for calculation
of subsequent compensation amounts; and,
WHEREAS, the amount of proposed fourth amendment is $167,900 for FY 08-09.
Resolution No. 2008-104 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to enter into a fourth amendment to the Household
Hazardous Materials Facility Use Agreement, dated January 1, 2005 (Attachment 1), with the
Sonoma County Waste Management Agency, to allow the City of Petaluma's participation in
Sonoma County Waste Management Agency's AB 939 services, including disposal of
Household Hazardous Waste, for a period of one year from July 1, 2008, to June 30, 2009, at a
cost not to exceed $167,900, to be paid for from refuse collection rates. During the term of the
fourth amendment, the City of Petaluma will continue to provide monthly tonnage reports to the
Agency for the purpose of AB 939 reporting, and for calculation of subsequent compensation
amounts.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: [hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 16`" day of June, 2008,
by the following vote:
AYES: Barrett, Freitas, Hams, Nau, O'Brien, Vice Mayor Babbitt, Mayor Torliatt
NOES: None /
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City
to
(~ c'wgg
Resolution No. 2008-104 N.C.S. Page 2
ATTACFIMENT 1
FOURTH AMENDMENT TO AGREEMENT
Household Hazardous Waste and AB939 Program Services
This Fourth Amendment to Agreement, effective the 1St day of July, 2008, ("Effective
Date"), is made and entered into by and between the City of Petaluma, a municipal corporation
and a charter city, hereinafter referred to as "CITY," and the Sonoma County Waste
Management Agency, a joint powers agency, hereinafter referred to as "AGENCY."
WHEREAS, CITY and AGENCY entered into an Agreement effective January 1, 2005
and terminating on January 1, 2006, governing the use of AGENCY's Household Hazardous
Waste Facility (hereinafter the "Agreement"); and
WHEREAS, CITY and AGENCY approved the First Amendment to the Agreement to
extend the term of the Agreement for an additional six (6) months, until June 30, 2006; and,
WHEREAS, CITY and AGENCY approved the Second Amendment to the Agreement
(revised) to (1) add additional services for compliance to the requirements mandated by AB 939,
(2) compensate the Agency for services managed and performed by the Agency, and (3) extend
the term of the Agreement for an additional twelve (12) months, until June 30, 2007; and,
WHEREAS, CITY and AGENCY approved the Third Amendment to the Agreement
(revised) to compensate the Agency for services managed and performed by the Agency, and
extend the term of the Agreement for an additional twelve (12) months, until June 30, 2008; and,
WHEREAS, CITY and AGENCY wish to amend the Agreement a fourth time to adjust
the compensation to the Agency for services managed and performed by the Agency, and
extend the term of the Agreement for an additional twelve (12) months, until June 30, 2009.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained in this Third Amendment, AGENCY and CITY agree as follows:
Section 2. Section 2. of the Agreement, "Compensation; Business Tax Certificate," is
amended to read as follows:
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall compensate
Agency one hundred sixty seven thousand, nine hundred dollars ($167,900)under the terms
defined in Exhibit A, Payment of this amount is due in four equal quarterly installments, upon
invoice, beginning July 1, 2008.
B. Agency shall be compensated for services in addition to those described in Exhibit A, only if
Agency and City execute a written amendment to this Agreement describing the additional
services to be performed and the compensation to be paid for such services. In no case shall
the total compensation under this Agreement exceed $167,900) without prior written consent of
the City Manager.
Section 3. Section 3 of the Agreement, "Term," is amended to read as follows:
3. Term. The term of this Agreement commences on the Effective Date and terminates
at midnight on June 30, 2009, unless extended or terminated sooner pursuant to the provisions
Resolution No. 2008-104 N.C.S. Page 3
of this Agreement.
31. Entire Agreement. This Agreement, including Exhibits A and B2 attached hereto
and incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written, between
the Parties in this regard.
Section 6. Except as expressly amended hereby, all the remaining provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to Agreement
to be executed as of the date first set forth above.
CITY OF PETALUMA
SONOMA COUNTY WASTE
MANAGEMENT AGENCY
City Manager Agency Chair
APPROVED AS TO FORM:
Agency Counsel
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Risk Manager
APPROVED:
Finance Director
Resolution.No. 2008-104 N.C.S. Page 4
Exhibit "A" - Fourth Amendment
Services and Compensation
Under the terms of this agreement, the Sonoma County Waste Management Agency shall allow the City
and its residents use of the Household Hazardous Waste (HHW) Facility at the Central Disposal Site,
without additional charge during the term of the Agreement. City residents shall be provided any other
privilege or right enjoyed by other member agencies of the Sonoma County Waste Management Agency
regarding the promotion and use of the HHW Facility at the Central Disposal Site.
Services provided by this agreement shall also include educational efforts, recycling and other waste
diversion services, compliance with AB 939 reporting requirements and any updates necessary to state
and/or county planning documents on behalf of City as required by the Countywide Integrated Waste
Management Plan and state regulations.
The annual compensation for services shall be calculated by applying the SCWMA tipping fee surcharge
rate on the actual tonnages of solid waste disposed of by the Gity of Petaluma's franchised waste hauler,
Green~/Vaste Recovery, Inc. during fhe period of January 2007 through December 2007.
Petaluma's franchised waste hauler disposed of 31,096 tons of solid waste during the period January
2007 through December 2007. The tipping fee surcharge is $5.40/ton; therefore, Petaluma's
compensation for FY 08-09 to the Agency is not to exceed $167,900, due in four equal quarterly
installments, upon invoice, beginning July 1, 2008.
During the term of the Fourth Amendment, City shall provide to Agency monthly reports of the solid waste
disposed by its franchised waste hauler by the 20th of each following month for AB939 reporting purposes.
Resolution No. 2008-104 N.C.S. Page 5