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HomeMy WebLinkAboutAgenda Bill 3J 06/21/2010w~AL~~ R ~' I'g rvr$ ,4~evi.dc+.Itewv #3.J DATE: June 21,;2010 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Vincent Marengo, Director of Public Works SUBJECT: Resolution Approving a Revised Sixth Amendment to the. Agreement between the City of Petaluma and the Sonoma,County Waste Management Agency to Provide Petaluma Citizens Continued Use of the County's Central Disposal Site for Household Hazardous Waste Disposal 'and Other AB 939 Required Services REC®1V11V1ENDATI ON.: It is recommended that the City Council adopt the attached. resolution approving a Revised Sixth Amendment to the .Agreement between the City of Petaluma and the Sonoma County Waste Management Agency to provide Petaluma citizens. continued use of the: County's Central Disposal Site for household hazardous waste disposal and other AB 939 required services. BACKGROUND: When Petaluma began hauling its,sold waste outside ofthe County,.. it-became necessary to negotiate with the County for continued access to its household hazardous waste (HHW) disposal program, normally paid for through participants' tipping fee surcharges. In November .2004, the Sonoma County'\?Vaste Management Agency (SCVJ1v1A) Board approved an agreement with the City of Petaluma in which SCWMA would provide HH'W services to Petaluma residents for calendar year 2005, with fhe cost to ;be paid directly by Petaluma in lieu of tipping fee surcharges. A subsequent' First; Amendment to the. Agreement extended the term until the end of FY 05-06 (June 3'0, 2006). A'Second Amendment (Revised) to the Agreement extended the term until:the end of FY 06-D7'(June'30, 2007) and,,in addition to HH~W services, included other SCWIVIA surcharge-funded services, such as educational efforts, recycling and other waste diversion. services,%ncluding-compliance with AB 93.9. reporfing'requirements, and any updates necessary`to state and/or-county planning documents. on behalf of°the City of Petaluma, as required !by the Countywide Integrated Waste Management,Plari; the Joint Powers Agreement arid. state regulations. A Third Amendment.extended.the,agreement:for another year, and also stipulated, hat Petaluma would provide monthly tonnage reports to the Agency for the purpose of AB 939 reporting-, and established compensation amounts equal to the current tipping fee surcharge applied to actual tonnage of solid waste, hauled by GreeriWaste Recycling during the previous year. The .Revised Fourth and Fifth Amendments, approved in May'2008 and April . .Agenda Review Depf. Director ~ City Attorney Finance Director_~~ City Manager 2009, extended the terms for 1 year respectively and also added all Agency surcharge-funded services,. in addition to HHW services. DISC><JSSION: Continued participation wi!Il provide Petaluma residents with use of the, household hazardous . -waste facility at the County's Central Disposal Site,-an essential component of the AB 939 :mandate, as well as access to other surcha"rge-funded services. It also acknowledges the full financial participation of P"etaluma in the SCWMA. In anticipation of the continued relationship, the Sonoma County Waste Nlanagernent Board approved a Revised Sixth Amendment to the Agreement (Exhibit A to Resolution) at its meeting of June 16, 2010. The.Revised Sixth Amendment extends the term of the .original Agreement for one year (July 1, 2010 to June 30, 2011). To establish compensation amounts during the term of the Revised " Sixth Amendment, Petaluma will provide the Agency with actual monthly solid waste tonnage reports for AB939 reporting"purposes, contrary to years past, when the -rate was based on the previous calendar year's tonnage hauled. Staff has requested this. modification to the method of calculating compensation because, although the revised rate will be higher ($5.95 per ton as opposed to $5.40 per ton, as previously calculated), payment:based on actual tonnage disposed will .result in a cost savings to ratepayers: This is due to the fact that, over time, there has been a steady decline, in the amount of solid waste ,disposed because of increased recycling and. a decrease in subscriptions. Although the savings to ratepayers. cannot b"e forecast, by mirroring the actual tonnage disposed, the. new formula for calculating HHW and AB939 services will acknowledge this higher trend in recycling efforts and' lower landfill disposal. FINANCIAL IMPACTS: Total Cost of Proposal or Project: $168,446 Amount Budgeted: $168,446 Name of Account: Non-Department .Account N. umber: Revenue"Account for. Funds:Submtted by Petaluma Refuse and Recycling:. 11:00.11800.41321 Expenditure Account. to Pay Invoices from SCWMA: 1100.11800.56220 Current Account Balance: $0 Beginning July 1,,20.10, the SCWMA''s invoices will.be calculated on the reported monthly tonnage, using the Board-.approved rate of $5.95 per ton. Starting this year, payment will be based on actual tons of solid waste ,disposed per month instead of the previous calendar year's total tonnage. The tons disposed will be reported' by the City's waste hauler, Petaluma Refuse and Recycling (PR&R), by the 20`h of the succeeding month.. The amount reported will then be used by SCWMA staff for submittal of'an invoice to the City, due and payable to SCWMA ten days after receipt. This method will keep the City on the same .schedule and basis of calculation and payment as the rest of the jurisdictions, who use the County system for reporting tonnage disposed and payment of a surcharge tipping fee: " 2 ATTACHIVIEN'PS l . Resolution, including Exhibit A to Resolution, Revised. Sixth Amendment to the Petaluma Services Agreement 2. Original Agreement of January 1, 2005, including Amendments 1-5 ATT~-CHn161ENT 1 .RESOLUTION APPROVhNG A REVISED SIXTH ANIENDIVIENT TO THE AGREEMENT BETWEEN THE CITY OF PETALUMA AND THE SON®1VIA COUNTY WASTE MANAGEMENT AGENCY TO .PROVIDE PET-ALUMA CITIZENS CONTINUED USE OF THE COUNTY'S CENTRAL `DISPOSAL .SITE FOR I-IOUSEHOLD HAZARDOUS WASTE DISPOSAL AND OTH'I{/R AB 939 REQUIRED SERVICES WHEREAS, in conformances 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 ("Agency") that, in return for a yearly fee, Petaluma residents would -have, continued use of the County's Household Hazardous Waste Facility; and WHEREAS, the Household Hazardous 'Materials Facility Use Agreement ("Agreement"), dated January l ; 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; 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 a Fourth Amendment extended the Agreement for Petaluma's participation in the Household Hazardous Waste Program and other Agency services for an additional twelve (12)' months, until June 3'0, 2009; and to adjust: compensation; and ;a Fifth .Amendment: extended. 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, 2010, and adjusted compensation; and WHEREAS, a Revised Sixth Amendment is proposed to extend the Agreement for Petaluma's participation in the Household Hazardous W. aste Program and other Agency services `~(' _ for an additional twelve (12) months; until June 30, 2011, and adjust annual compensation for services to be calculated by applying the SCWMA tipping fee surcharge rate on the actual tonnage of solid waste disposed by the' City of Petaluma's franchise hauler, Petaluma Refuse and Recycling, Inc. The amount of solid waste disposed for each month shall be reported to SCWMA for invoicing purposes. by the 20`h of the succeeding month. The SCWMA-approved rate of $5.95 per ton will be used for calculating invoices. Payment of each monthly invoice shall be due and payable to SCWMA 10 days after receipt of the invoice; and NOW, T>FIEREFORE, BE IT :RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to enter irito a Revised Sixth: Amendment (incorporated herein by reference.as Exhibit A to Resolution) to `the Household Hazardous Materials Facility Use Agreement,, dated January 1, 2005, with. the Sonoma County Waste Management. Agency, to allow the City of Petaluma's participation in Sonoma County Waste Management Agency's AB 93:9 services, including disposal ofhousehold hazardous waste, for a period of one year `from July 1, 209 0,'to June 30, 2011, to be :paid on a monthly basis from refuse collection rates. Duringthe term of the; Revised Sixth Amendment, the City of Petaluma will continue to provide monthly tonnage reports to the Agency for~the purpose of AB 939 reporting, for calculation of subsequent compensation amounts. 5 IEXIH1131T ~! T® I2ES011JT101N REVISED SIXTH AMENDMENT TO AGREEIUIENT Household Hazardous Waste and AB 939 Program Services This'Revised Sixth Amend'merit°to Agreement, effective theist day of July, 2010, (°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 joinf 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 Amendrnentto 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 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 (1`2) months; until June 30, 2007; and, WHEREAS, CITY and AGENCY approved ahe Third. Amendment to-the Agreement 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 approved the Fourth Arnendmentto the Agreement to compensate the Agency for services managed and performed by the Agency, and extend the term of the.Agreement for an additional "twelve (12) rnonfhs, until June. 30, 2009;.and, WHEREAS, CITY and AGENCY approved. the Fifth Amendment to the Agreement #o compensate the Agency for services managed and `performed by the Agency, and extend the term of the Agreementfor an additional twelve (12j months; until June 30, 2010; and, WHEREAS:, CJTY and AGENCY wish to amend. the Agreement a sixth time (in this Revised Sixth Amendment) to adjusf the compensation fo the Agency for services managed and performed `by the AGENCY, and extend theterm of the Agreement for an additional twelve (12) months, until June30, 2011. NOW; THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Revised-Sixth Amendment, AGENCY and' CLTY agree as follows: 6 Section 1..Secfion 2. of the Agreement, "Compensation; Business Tax Certificate," is amended to read as follows: 2. Compensation A. For the full performance of the Services as described herein, City shall compensate Agency sander"the terms defined in Exhibit A. Payment of this amount. is due in monthly .installments; upon invoice, beginning August 1, 2010. B. Agency shall. be compensated for services in addition to those described in Exhibit A; only if Agency and City execute a writfen amendment to this Agreement describing the additional services to be performed and the compensation o bepaid for such services. Section 2. Section 3 of the Agreement, "Term.," is amended to read as follows: 3. Term. The term of`this Ag"reement commences .on Elie effective date: of July 1, 2010 and. terminates at midnight on June 30, `2011, unless extended or terminated sooner pursuant to the provisions of this Agreement. Section 3. 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 Revised Sixth Amendment: to the. Agreement to be executed as of the date first set forth above. CITY OF PETALUMA City Manager SONOMA COUNTY WASTE MANAGEMENT AGENCY Agency Chair APPROVED. AS TO FORM: Agency Counsel 7 Exhibit. "A" -Revised Sixth .Amendment Services and Compensation Under the terms of this agreement, the Sonoma County Waste :Management Agency (SCWMA) shall allow the City and its,residents the use of the Household Hazardous Waste {HHUVj Facility of ,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 rnemberagencies of the Sonoma County'1Nasfe 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 9:39 reporting requirements and any updates necessary to state and/or county pianning 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 by the City of Petaluma's franchised waste. hauler, Petaluma Refuse 'and Recycling. The amount of solid waste disposed for each month shalt be reported to SCWMA for invoicing purposes by the-20th.of the succeeding month. The SCWMA approved rate of $5.95 per ton will be used for calculating invoices, Payment of each monthly invoice shall be due and payable to the Agency 10 days after receipt of the irivo'ice. 9 ~TY~BCHIV~ENT 2 PROFESSIONAL S1VItVJ<C)C8 AGI2EEIV1<)CN`i' I~ousehold Hazardous IVl<aterials Facility Ilse THIS PROFESSIONAL:SERVICES AGREEMENT ("Agreement") is entered into and effective as of ,January. I, 2005 ("E,ffective Date"), by and. between the City of Petaluma, a municipal corporation and a charter city ("City") and Sonoma County Waste :Management Agency ("Agency"); (collectively, the "Parties"}. VVIIEREAS, the Parties. e2ter into this Agreement for the pLUpose of Agency providing professional services to City under the terms and conditions set forth.herein. THEREFORE, in consideration of-the mutual covenants .contained -in this Agreement, the. Parties agree as follows: - Services. Agencyshall provide the services as described in and in accordance with the schedule set forth i17 Exhibit "A" attached hereto.and`incorparated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the tali. ,performance of the Services as described herein,. City shall compensate. Agency under the following terms: .One Hundred rorty Thousand and 00/-100 dollars {$140000.00) per year, due quarterly upon invoice, beginning January I, 2005. B. Agency shall suUmit detailed quarterly reports reflecting all services performed dlu-ing the preceding. aliree (3) months, and including a revised schedule for performance and additional dociunentatian requested by City; as applicable. C. Agency shall be compensated for services iii 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 $ 140,OOO.Oa :annually without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Agency shall not be paid any compensation until such .time as Agency has on file with .the City Finance Department current information requested on the "Vendor hlformation" form available fi•om City. . E. City's obligation to pay compensation to Agency as provided .Herein iscontingent upon. Agency's perfannance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. 't'erm. The term of this: Agreement commences an the Effective Date, and terminates on 3anuary 1, 2006, unless sooner terminated in accardaiice with Section 4. ~O 4. Termnati"on. City or Agency may terminate this. Agreement: without cause upon ninety " (90) day`s' written. notice to the non-terminating party. City may immediately terminate or suspend this Agreement. for cause. Cause: for immediate termination or suspension shall include; but riot be -limited to, any breach of ~fhis Agreement by Agency or Agency's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Agency shall. irnrnediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Agency shall be entitled to payment for all Services performed to the date of .termination to the extent such Services were performed to the satisfaction of City in accordance with. the terms and conditions of this Agreement. If City terminates this Agreement for cause, Agency shall be liable to City for any .excess cost City incurs. for completion of the .Services. Agency's Representation; Independent Contractor. Agency represents. that Agency has hired asubcontractor- whopossesses distinct professional skills. in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Agency- shall, therefore; .provide. properly skilled professional and technical personnel. to perform all Services under this .Agreement. It is expressly understood that Agency and ;its agents and employees, shall .act in an independent capacity and. as an independent contractor and ~ not as, officers, employees or agents of City. This Agreement shall-.not be construed as an' agreement for employment. :6. Facilities .and Equipments Agency shall, at its- sole cost and expense, furnish all facilities and equipment. that may be required for furnishing Services pursuant to this Agreement. .City shah furnish to Agency no facilities or equipment, unless the City otherwise agrees in writing to provide the same. .7. ,~.icenses, Permits, E"tc. Agency shall, at Agency's sole; cost and expense, keep in effect at all times during the term of -this Agreement any 1`icenses, permits or other such approvals which are legally.required for performing the .Services. 'l'ime. Agency shall devote such time to. the performance of the Services as may be reasonably necessary for- satisfactory performance. of Agency's obligations pursuant to this Agreement. 9. Inspection. Agency shall. provide the City :every .reasonable opportunity to ascertain that the Services are being performed in accordance. with the, requirements and intentions of this Agreement.: All work done and materials :furnished, if any, shall be subject to inspection and .:approval by the City. The inspection of such work shall not relieve Agency of-any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City's request, Agency shall provide; in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Agency's performance of the Services. 11. A~eney No Agent. Except as City may specify in writing, Agency shall have no authority, express or .implied, to act on behalf of City in any capacity whatsoever as an agent. Agency shall have no .authority, express or implied, pursuant to this Agreement.to bind City to any obligation whatsoever. 12. Standard of P.erformance.: ;Agency shall perform all the Services in a manner consistent with the standards of the household hazardous waste operation and. management. All instruments of service of whatsoever nature; which Agency delivers to City pursuant to this Agreement, shall conform to such standards., All. such .instruments of service shall become the sole and. exclusive property of City upon delivery of the same. 13. Assi~nment/'Ta-ansfer. 'No assignment or transfer in whole or in part 'of this Agreement shall be made without the prior written consent of City. 14. Subcontractors. The parties acknowledge that the services will be performed by a subcontractor. The subcontractor shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement,. including. but not. limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional- insured. 15. Compliance With AII, >L,avvs. Agency shall fully comply with all applicable local, state and federal.. rules, laws, regulations .and ordinances pertaining to the performance of the Services required hereunder. 16. Discrimination. During the performance of this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race; .religion, creed, .color, ,.national origin,., ancestry, .gender, sexual .orientation, age or physical or mental disability in violation of any applicable law. 17. Notice. Except as otherwise specified in this Agreement,, all notices to be sent .pursuant to this Agreement shall ~be made in writing, and sent to the Parties at their respective addresses specified below_or, to such other address as a. Party may designate by written notice delivered to the other Party in accordance wth.~this Section. All such notices shall be sent by: O personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt. requested, in which case "notice shall° be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier; with charges prepaid or charged to the sender's account, in which ease notice is effective on delivery if delivery is confirmed by. the delivery-service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal; provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated. reflecting the accurate- transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. ~ Z- City: City Clerk' City of Petaluma Post, Office B'ox' 61 Petaluriia, California 94953 Telephone: (707) 778-4'360 Facsimile: (707) 778-4554 And: Agency: So. Co. Waste Management Agency Director 2300 County Center Drive, #B100 Santa Rosa, CA 954.03 . Telephone: _707-565-3788 Facsimile:- 707-565,3701 18: Indemnification. Agency shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents acid volunteers from and against any and al'1 liability, loss, damage, claims, expenses, and costs (including, without limitation, attorney's fees= and costs and fees of litigation) (collectively, "Liability") of every nature arising out' of or in connection with. Agency's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by thesole negligence or willful misconduct of City. Notwithstanding the foregoing, to the extent'~that this Agreernenf is a "construction contract" within the definition ~of Civil Code Section 2783, as may be amended from time to time, such indemnity shall not include Liability for the active negligence of City. 19. Insurance. Agency shall ensure that its subcontractor complies with the "Insurance Requirements for Consultants"' in Exhibit B-2, attached hereto and incorporated herein by reference: 20. Amendment. This Agreement may be amended.. only by a written instrument executed by both Parties. ' 2-1: Litigation. If litigation .ensues which pertains to the subject matter of Agency's services.. hereunder, Agency, -upon request from City; agrees to testify therein at a reasonable and customary fee. 22. Construction.. This Agreement is the. product of negotiation and compromise on the part of both Parties and that the Parties agree that; notwithstanding. Civil Code section 1654, any uncertainty in "the Agreement shall not be construed against the drafter of the Agreement. 23. Governan~' Law; Venue. This Agreement shall be enforced and interpreted under the haws of the State of California and the City of Petaluma. Any action arising from or brought in connection: with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. ~ ~ 24. Non-Wainer. The City's failure to enforce any provision of this Agreement or the waiver, thereof in a particular instance-shall not: be construed as a general waiver of any part of such provision. The provision shall remain'in full force and effect. 25. Severability. If any term or portion of this Agreement is .held. to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall. continue in full force and effect. 26. No ~'hird Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 27. Mediation. The Parties agree to make a .good faith; attempt to resolve any ,dispute arising out of this Agreement. through. mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 28. Agency's Books and. Records. A. Agency shall maintain any .and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the. City for a minimum period of three (3) years or for any longer period required by law, from the date of f nal payment to Agency pursuant to'ths.Agreement. B. Agency shall maintain all documents and records which demonstrate performance under this Agreement .for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at'any time during regular business hours; upon written request by the City Manager, City Attorney,. City Finance Director, or a designated representative of these officers. Copies of such documents shall. be provided to the- City :for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at .Agency's` address indicated for receipt of .notices in this Agreement. ID, Where City .has reason to believe that such records or documents may be lost or discarded: due to dissolution,, disbandment or termination of Agency's business, City may; by written request by any of the above-named officers, require that custody of the records be given to the Gity and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party :authorized by Agency,. Agency's representatives; or Agency's successor in interest. 29. )FIeadin~s. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. ELI 30. Survival.; All obligations arising prior to the termination' of this Agreement and.~all provisigns of this Agreement allocating, liability between City Viand Agency shall survive the termination of this Agreement. 31. Entire Agreement. This Agreement, :including the exhibits 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. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA ~ SONOMA COUNTY WASTE MANAGEMENT AGENCY isk Manager City Manager ATTEST: Ci Clerk APPROVED AS TO FORM: City Attorney APPROVED: ~ ~ pepartme t Director .APPROVED: B Matthew Mullan Chairman Title 2300. County Center Drive, #B 100 Address Santa Rosa CA 95403 City State Zip Taxpayer LD. Number Petaluma Business Tax Certificate Number ~2 .~s.a APPROV~D: ~~` 4 ~ ~ 2004 ~. ,rr i ~~ ~.:_.~., .. e ,~. Finance '~ e 6 ~~ l~xne>b~t 66A„ ser~~ces Under the terms of this agreement,'Agency shall allowthe City and its residents use of the Household Hazardous Waste Facility at the Centrafi Zandfill, without additional charge during the term of the agreement. This includes any other privilege or right enjoyed by other member agencies of the Sonoma County Waste Management Agency regarding the promotion and use of the facility at the Central Landfill: ~~ FIRST AMENDMENT T® AGREEMENT household Hazardous Materials Facility 1=Tse This First Amendment,to Agreement, entered into and effective this 1st day of January, 2006 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, hereinafter referred to as "AGENCY." WHEREAS, CITY and AGENCY entered into an Agreement effective January 1, 2005 and terminating on December 31, 2005, ,governing the use of AGENCI''s Household Hazardous Waste Facility (hereinafter the "Agreement"); and WHEREAS, CITY and ~ AGENCY wish to amend the Agreement to extend the term of the Agreement for an additional six (6) months. NOW, THEREFORE; in consideration of the mutual promises, covenants and conditions - contained in this First Amendment, AGENCY and CITY agree as follows: Section 1. 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, 2006,, unless extended or terminated sooner pursuant to the provisions of this Agreement. Section 2. 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 First Amendment to Agreement to be executed as of the date first set forth above. ~~ CITY OF PETAL;ITIVIA City Manager ATTEST: E ~~~ ~ City Clerk P~--~O' C APP OVED AS TO FORM: City Attorney PR VED ( ``/2~~/ Department Director . ~ !~~/vs ~sk Mana r PROVED: ,, ;f ;` r,.- . I ~" Administrative Services Director SONOIVIA COUNTI' WASTE "MANAGEMENT AGENCY ~~~ airman ~`"~ ~~ SECOND AitAENDMENT TO AGREEMENT (revised) AB939 and Household Hazardous Waste Facility Services This Second -Amendment to Agreement, entered into and effective #his 1Sr day of July, 2006, is made and entered into by and between fhe City.of P-etaluma, a municipal corporation and a .charter city; her=einafter referred to as "CITY," and the Sonoma County Waste Management Agency, .hereinafter referred to as "AGENCY." WHEREAS; CITY and AGENCY entered into an Agreement effective January 1; 2005 and terminating on January 1, 20,06, :governing the use of AGENCY's Household Hazardous V1/aste 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; arid, V1/HEREAS, CITY and .AGENCY wish to amend the Agreement to (1) add additional services for compliance to the requirements mandated` by AB 939, (2), to '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; NOW, THEREFORE, in consideration of the mutual' promises, covenants and conditions contained ih this Second Amendment, AGENCY and CITY agree-as follows: Section 1. Section 1 of the Agreement, "Services," is amended to read as follows.: 1. Services. Agency shall' provide the services as described in and in accordance with the schedule set forth in Exhibit "A1"attached hereto and incorporated herein ("Services"). 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 th'e Services as described herein, City shall compensate.. Agency $122,224 under- the, ferms defined: in Exhibit A1, due in four equal paymenfsquarCerly upon invoice, beginning July 1, 2006. B: Agency shall submit detailed quarterly reports :reflecting all Services performed on behalf of the City of Petaluma during -the. preceding three (3) months; and, including a revised schedule for performance and. additional documentation requested by City, as applicable. C. Agency shall be compensated for services in addition to those described in Exhibit. A1, 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 $150,000 without prior written authorization 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, 2007, unless extended or terminated sooner pursuant to the provisions of this Agreement. ~~ Section 4~ Section 5 of the Agreement; "Agency's Representation: Independent Contractor", is amended' to read as follows: 5. Agency's Representation: Independent Contractor. Agency represents than- Agency has hired a subcontractor. who possesses distinct professional skills in performing the household hazardous operations .and services. It is' expressly understood that Agency and its agents and employees, shall act in an independent' capacity and: as. an independent confractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. Section ~5'. Section 14 of the Agreement, "Standard of Performance", is amended. to read as follows: - 14. Standard :of Performance. Agency shall perform: all the Services in a manner consistenf with the. standards required by AB 939 regulations and for household hazardous waste operations`-and management. Section 6. Section 16 of the Agreement, "Subcontractors", is amended to read as follows" 16. Subcontractors. The parties acknowledge #hat the household hazardous waste operations and.~services.will be performed by a subcontractor. ,,~ Section 7. Except as expressly amended hereby, all the remaining provisions . of the Agreement shall remain in full force and effect. ~~ IN 1NITNESS WHEREOF., the parties hereto have caused this First Amendment to Agreement to be executed as of the date first set'forth above.:. CITY OF PETALUMA t~ City Manager ATTEST: City Clerk ~~ ~~ ~~1 :jz`: A O D AS TO FORM: City Attorney /kPPRO ED: ~ ' 1` ~ ~ 1_~~, ,\ J isk Manage .. v AP R f?=D: finance Director SONOMA COUNTY WASTE MANAGEMENT A ENCY hairman ~~ Exhibit "A1" Services City shall compensate the Agency directly for services in the same proportion as other Agency members provide.through the tipping fee surcharge from garbage eollecfed by compacted, wehicles,,;as measured by the Sonoma County Refuse Information Management System. Compensation for services shall be calculated on an annual basis as shown in the example below: Compensation example: fit%' x 52% 2 x '$1,958,520 s = $122,224 where; ' the most recent .estimate of the percentage of City's population of the total Agency ,population listed by the California Department of Finance 2 the percentage of garbage collected by compactor refuse vehicles in Sonoma County, as measured by the Sonoma County Refuse Information Management System totalnext FY estimated revenue from tipping .fee surcharge / (100% - City's population percentage) or $1,723,500/(100%-12%) _ $1,958,520 At fiscal year end;; if refuse;quantities actually disposed in. the County disposal system during the year are more than 1 % different thar'the estimated quantity, a true-up of the compensation. will be 'invoiced or credited to City, such that City's direct. contribution will continue to' match the other members' funding from-the tipping fee surcharge. 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 Facility (HHW Facility) at the Central Disposal Site during the term ofithe . Agreement: City resident"s-shall be provided -..any other pripilege or right;enjoyed by other member agencies o;f the Sonoma County Waste Management Agency regarding the promotion and use of the. HHW Facility~at the Central Disposal Site as well as charges, if any, for services of the HHW program paid by other member agencies. Services will aiso include educational efforts, recycling and other~waste diversion services, compliance with AB 939 reporting requiremen. is and any updates necessary to state and/or county planning documents on behalf of City as required by.the Countywide Integrated Waste Management Flan and state regulations. ~~ THIRD AMENDMENT TO AGREEMENT Household Hazardous 1Nas_te and AB939 Program Services This-Third Amendment to Agreement, effective the15t day of July, 2007, ("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 he 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 ad'ciitiorial six (6) months, until June 30, .2006; and, WHEREAS, CITY and AGEN;CY~approved the Second`Amendment to the Agreement (revised) to (1) add additional services fiorcompliance to the requirements rmandafed 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 arici AGENCY wish to amend the Agreement a third 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, untilJune 30, 2008. NOW, THEREFORE, in consideration: of the mutual promises, covenants and conditions contained in this Third Amendment, AGENCY and CITY agree as follows: Section 1. Section 1 of the Agreement, "Services," is amended to read as follows: 1. Services. Agency shat( provide'the services as described in and'in accordance with the schedule set forth in Exhibit ``A" attached hereto and .incorporated herein ("Services"). Section 2. Section 2. of the Agreement, "Compensation; Business Tax Certificate," subsections A, B and C are 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 fifty seven thousand., four hundred dollars (.$157;400.) under the terms defined in Exhibit A, Payment of this amount is due in'four equal quarterly installments., upon invoice; beginning July 1, 200.7. B. Agency shall' be compensated for services in addition to those described in Exhibit A, only if Agency and City execute awritten -amendment to this. Agreement describing the additional services to~be performed and the compensation to be paid for such services. 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, 2008., unless extended or terminated sooner pursuant to the provisions of this Agreement. Section 4. Section 18 of the Agreement, "'Indemnification," is amended to read as follows: ~3 18. Indemnification. Agency shall indemnify, defend with counsel:, acceptable to City, and. hold harmless Cify and.its officers, officials, employees, agents and volunteers from and against~any liability,, loss, damage,, claims, ;expenses, and costs (including, without limitation, attorney's'fees .and costs and fees of litigation) (collectively, "Liability") of every nature arising. out of or in connection with Agency's performance-of the Services required pursuant to this Agreement, except~~such Liability caused by :the: negligence or willful misconduct of City. Notwithstanding the foregoing, to the extent thaf this.Agreement is: a "construction contract" within the definition of Civil Code. Section 2783, as may be amended from time to time, such indemnity shalt not include Liability for the active negligence of City. Section 5. Section 31 of the Agreement, "Entire Agreement," is amended to read as follows: 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. 2 "'r IN WITNESS WHEREOF, theparties hereto have caused this Tbird,Amendment to Agreement to be executed as of'the date first set'forth above. CITY OF F'ETALUMA ['`! tl.Jttv'~Q~ L 1 ~1 iDS~R 4/"""".,..w City Manager ATTEST: F City Clerk g /,f~ ~~o- APPROV~AS TO FORM: ~ ~~~~ City ttorney APPROVED: ~F _ ~ /.;Ce'r`+i ~.1" ~ Tom` .. ~1`' ~~-.G t ~`~ isk Manager ~~ ~,~ ,~ r ~', ~` ;; APfPROVED: ,~' ~; k ~~; ' Administrative Services Director APPROVED ~~~ ~ ~ / ~! epartment Direct r SONOMA COUNTY WASTE MANAGEMENT AGENCY ~~~ ~ I ~ Agency Chair APPROVED: A~S/TO FORM: f` l _ /_ -' ~(/ f r / Agency Counsel 2 Exhibit " A" -Third 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 ofthe Sonoma County Waste Management Agency regarding the promotion and use of-the HHVV 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 a_nd/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.ttie City of Petaluma's franchised waste ,hauler; GreenWaste Recovery, Inc. -during the period of January 2006 th-rough December 2006. ,: Petaluma's franchised waste hauler disposed. of 29,144 tons: of solid waste >~ during the period January 2006 through December 2006:. The tipping fee . surcharge. is $5:40/ton, therefore; Petaluma's compensation for FY 07-08 to the Agency is not~to exceed $1;57,400., due in four equal quarterly installments, upon invoice, beginning July 1, 2007. During the t_errn of the Third Amendment, City sli'all provide to Agency monthly reports of the solid waste disposed by its franchised, waste hauler by the 20t" of each following month-for AB939' reporting purposes. 2~ FOURTH AMENDMENT TO AGREEMENT Household Hazardous IlVaste and. AB `939 Program Services This. Fourth Amendment to.Agreement, effective the1st'day,of July.; 2008, .('`Effective Date"), is made and entered into by.and.betvveen 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 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 to compensate the Agency for services managed and performed;by the Agency, and extend the term of the Agreement for arn~~additional twelve (12) months,. until June 30, 2008; and, WHEREAS; CITY and AGENCY wish to amend the Agreement a fourth time (in this Fourth Amendment) 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 tvvelve ~(12) months, until June 30, 20'09. NOW, THEREFORE, in consideration of the mutual promises,_covenants and conditions contained in this Fourth Amendment, :AGENCY and CITY agree as follows: Section 1. Section 2, of the Agreement, "Compensation; Business Tax Certificate," is amended to read as follows: 2. Compensation A. For the full performance of the Services as described herein., City shall' compensate Agency one hundred sixtyaeven 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 ,!u{y 1, 2008: B. Agencyshall be cpmpensated for services in addition to 'those described in Exhibit A, only if.Agency and City execute a written amendment to this Agreement describing tfie additional services to be performed and the compensation to be paid for such ~serviees. Ln no case. shall the. total compensation under this Agreement exceed $1,67;900 without prior written consentof the City.Manager. Section 2. Section 3 of the Agreement., "Term," is amended to read. as follows: 2'7 3. Term. The term of this Agreemenf:commences on the Effective: Date and terminates at midnight on June 30, 2009., unless extended ;or terminated sooner, pursuant; to the .provisions of'this Agreement. Section 3. 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 Fourth Amendment to the Agreement•to be executed as of the date first set forth above. CITY OF PETALUMA ._ ~. / ii ~„f' C _ ' ~ _, .- z~'. ~ ~" - Cty Manager ATTEST: -~~ ~./ City Clerk Q; / ~~ f~ APpROV,E ~S TO .FORM: City Attorney APPROVED: AP ~OVED~ ,, ~_~_ Aaministratve services irector - 0g' Department' Director SONOMA COUNTY`WASTE MANAGEMENT AGENCY ._._._._.- -~~~-` ----------____--_-..-_~.~.A A enc Chair APPROVED AS TO FO/RM: t ncy Counsel' :~~ 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 the use of the.Household Hazardous V1/aste (HHW) Facility atthe Central pisposaC-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 fo 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 calcu ated b,y applying the SCWMA tipping fee surcharge rate on the actual tonnages of solid. waste disposed of b:y the City of Petaluma's franchised waste hauler, GreenWaste Recovery, Inc. during the period of January 2007'through December 2007. Petaluma's franchised waste. hauler disposed of 31,09;6'tons of solid waste during the period January 2007 through Decernber~2007. The tipping fee surcharge is $5.40/ton,; therefore, Petaluma's compensation for FY 08-09 to the Agency is notao .exceed $ $167,:900, due in four equal: quarterly installments, upon invoice, beginning July 1, 2008. During the term of the Fourth Amendment, Cityshall provide to Agency monthly reports of the solid waste disposed by its franchised, waste hauler by the 20th of each following .month for AB 939 reporting purposes. 2~ FIFTH ANIEIVDIVIEIVT TO ~1GREEIUIENT Household Hazardous Waste and AB 939 Program Services This Fifth Amendment to Agreement, effective the1 Sc d'ay of July, 2009, ("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 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, 20Q7; anal, WHEREAS, CITY and AGENCY approved the Third'Amendment to the Agreement 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 approved the Fourth Amendment to the Agreement 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, .2009; and, WHEREAS, CITY and AGENCY wish to amend the Agreement a fifth. time (in this Fifth ,Amendment) 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, 2010. NOW, THEREFORE, in consideration of the mutual ,promises; covenants and conditions contained in this Fourth Amendment, AGENCY and CITY agree as follows: Section 1. Section 2. of'the Agreement, "Compensation; Business Tax Certificate," is amended to read as follows: 2. Compensation A. For fhe; full performance of the Services as described herein, City shall compensate Agency one hundred fifty seven thousand, seven hundred twenty-three dollars ($157,7.23). under the terms defined in Exhibit A., Payment of this amount is due in four equal quarterly installments, upon invoice, beginning July 1, 2009. B. Agency shall be compensated for services in addition to those described in Exhibit A, only if Agency and City execute a written amentlment 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 $157,723 wvithout prior written consent of the City Manager. "~ Q Section 2. Section 3 of the Agreement, "Term," is amended to read as follows: 3: Term. The term of this Agreement,cornrnences on the effective date of July 1, 2009 and terminates at midnight on June 30,.:2010, unless extended or terminated sooner pursuant to the provisions of this Agreement. Section 3. Except as expressly amended hereby, aIF the remaining provisions of the Agreement shall remain in full force and effect. IN 1NITNESS WHEREOF, the parties hereto have caused-this Fifth Amendment to the Agreement to be executed as of the date first set #orth above. CITY OF PETALUMA SONOMA COUNTY WASTE MANAGEMENT • A~GENCY~~ `' -._ ~~ City Manager Agency Chair -T- APP~E~.Q~%ED ALTO ORM: ,.~ -- ^~~``~~lgency Counsel ATTEST: rise. ~~ ~ ,~~, ~~` City Clerk ~~ f~, (~~, j~, C~ AP~V 1S TO FORM: `` 1,~.. City Attorney APPROVED:. ~{d~•~1 . `sk Ma ; ger AP ROVED: ,~,~ ~ C ~" Finance Director • .~ l Exhibit "A" -Fifth Amendment Services and Compensation Under the forms of this, agreement, the Sonoma County Waste Management Agency shall allow the Gity. and its residents the use of the Household Hazardous Waste (HHW) Facility at the Central Disposal Site, without additional charge d"wring the term of the Agreement. City residenfs 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 City of Petaluma's franchisetl waste hauler, GreenWaste Recovery, Inc. during the period`of January 2008 through December 2008. Petaluma's franchised waste hauler disposed of 29,208'tons of solid waste during the period January 20Q8 through December 2008. The tipping fee surcharge was $5.40/ton during. th"is period;. therefore, Petaluma's compensation for solid waste tonnage to the Agency is not to exceed $157.,723, due in four equal quarterly installments, or upon invoice, begihning July 1, 2009. During the 2009 calendar ,year, the City of Petaluma shall ,provide the Agency with monthly reports of solid waste tonnage disposed by its franchised waste hauler by the 20th of each following month for AB 939 reporting purposes. .~ J.