HomeMy WebLinkAboutResolution 2010-096 N.C.S. 06/21/2010Resolution No. 2010-096 N.C.S.
of the City of Petaluma, California
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 TIIE COUNTY'S CENTRAL DISPOSAL SITE FOR HOUSEHOLD HAZARDOUS
WASTE DISPOSAL AND OTHER AB 939 REQUIRED .SERVICES
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 ("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 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; 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
Prograrn and other Agency services for an additional twelve (12) months, until June 30, 2009,
and to adjust compensation; and a Fifth Amendment extended the Agreement for Petaluma's
participation in the Household Hazardous Waste Prograrn 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 Waste 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
Resolution No. 2010-096 N.C.S. Page 1
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 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 SCWMA 10 days after receipt of the invoice; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to enter into 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 939 services, including disposal of household hazardous waste, for a
period of one year from July 1, 2010, to June 30, 2011, to be paid on a monthly basis from refuse
collection rates. During the 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the JAp r ve as to
Council of the City of Petaluma at a Regular meeting on the 213` day of June, 2010, r
by the following vote: '~
AYES: Barrett, Vice Mayor Glass, Harris, Rabbitt, Renee, Mayor'forliatt
NOES: None
ABSENT: Healy
ABSTAIN: None
ATTEST:
City Clerk
ey
Resolution No. 2010-096 N.C.S. Page 2
EXF9E~IT A TO RESOLIIJT~®N
REVISED SIXTH AMIENDMENT TO AGREEAAENT
Household Hazardous UVaste and AB 939 Program Services
This Revised Sixth Amendment to Agreement, effective the15t 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 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 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 approved the Fifth 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, 2010; and,
WHEREAS, CITY and AGENCY wish to amend the Agreement a sixth time (in this
Revised Sixth 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, 2011.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained in this Revised Sixth 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 under 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 written amendment to this
Resolution No. 2010-096 N.C.S. Page 3
Agreement describing the additional services to be performed and the
compensation to be paid for such services.
Section 2. Section 3 of the Agreement, "Term," is amended to read as follows:
3. Term. The term of this Agreement commences on the 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.
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. 2010-096 N.C.S. Page 4