HomeMy WebLinkAboutResolution 2014-180 N.C.S. 12/01/2014Resolution No. 2014-180 N.C.S.
of the City of Petaluma, California
APPROVING A NINTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF PETALUMA AND THE SONOMA COUNTY WASTE
MANAGEMENT AGENCY TO PROVIDE PETALUMA RESIDENTS
CONTINUED USE OF THE COUNTY'S CENTRAL DISPOSAL SITE
FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND
OTHER AB 939 REQUIRED SERVICES
WHEREAS, when the City of Petaluma began hauling its refuse outside of the County, it
entered into an annual agreement with the Sonoma County Waste Management Agency
(AGENCY) effective January 1, 3005, (hereinafter the "Agreement") that in return for a yearly
fee. Petaluma residents would have continued use of the County's Household Hazardous Waste
Facility and participation in AB 939 -related Education and Outreach and Planning and Reporting
services; and
WHEREAS, the City and the AGENCY approved the First Amendment to the
Agreement to extend the term of the Agreement for an additional six (6) months, until June 30,
3006; and,
WHEREAS the City and the 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 .lune 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, 3008: 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 approved the Sixth 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, 2011; and,
WHEREAS. CITY and AGENCY approved the Seventh 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. 2013: and,
Resolution No. 2014-180 N.C.S. Page I
Exhibit A
NINTH AMENDMENT TO AGREEMENT
Household Hazardous Waste and AB 939 Program Services
This Ninth Amendment to Agreement, effective the 1s' day of December, 2014, ("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 approved the Sixth 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, 2011; and,
WHEREAS, CITY and AGENCY approved the Seventh 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, 2012; and,
WHEREAS, CITY and AGENCY approved the Eighth Amendment to the Agreement to
extend the term of the Agreement for an additional thirty-six (36) months, until June 30, 2015;
and,
WHEREAS, CITY and AGENCY wish to amend the Agreement for a ninth time to adjust the
compensation to the AGENCY by the CITY and extend the term of the agreement through
June 30, 2016.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained in this Ninth Amendment, AGENCY and CITY agree as follows:
Section 1. Section 2 of the Agreement, "Compensation; Business Tax Certificate," is
amended to read as follows:
Resolution No. 2014-180 N.C.S. Pa -e 3
Section 2.
Section 3.
2. Comoensation
A. For the full performance of the Services as described herein, CITY shall
compensate AGENCY under the terms defined in Exhibit A Services and
Compensation. Payment of this amount is due in monthly installments, upon
invoice, effective December 1, 2014.
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
December 1, 2014 and terminates at midnight on June 30, 2016, unless extended
or terminated sooner pursuant to the provisions of this Agreement.
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 Ninth Amendment to the Agreement
to be executed as of the date first set forth above.
CITY OF PETALUMA SONOMA COUNTY WASTE MANAGEMENT AGENCY
City Manager Agency Chair
ATTEST: APPROVED AS TO FORM:
City Clerk Agency Counsel
APPROVED AS TO FORM:
City Attorney
APPROVED:
Risk Manager
APPROVED:
Finance Director
Resolution No. 2014-180 N.C.S. Page 4
Exhibit "A" - Ninth Amendment
Services and Compensation
Under the terms of this agreement, the Sonoma County Waste Management Agency (AGENCY)
shall allow the CITY and its residents the 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
AGENCY regarding the promotion and use of the HHW Facility at the Central Disposal Site.
Services provided by this agreement shall also include education and outreach 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 AGENCY tipping fee
surcharge rate to the actual tonnages of refuse disposed by the City of Petaluma's franchised
waste hauler, Petaluma Refuse and Recycling. No other materials, including but not limited to
recyclable materials, compostable materials, household hazardous waste, etc., collected by
Petaluma's current hauler, Petaluma Refuse and Recycling, or any subsequent hauler during the
term of this agreement, shall be subject to the tipping fee surcharge.
The amount of refuse disposed for each month shall be reported to AGENCY for invoicing
purposes by the 20th of the succeeding month. The AGENCY approved rate of $4.85 per ton will
be used for calculating invoices. Payment of each monthly invoice shall be due and payable to
AGENCY ten (10) days after receipt of the invoice.
Resolution No. 2014-180 N.C.S. Page 5
WHEREAS. CITY and AGENCY approved the Eighth Amendment to the Agreement to
extend the tern for thirty-six (36) months, until June 30, 2015, and maintained the same method
of calculating compensation as the previous year, by applying the AGENCY's tipping fee
surcharge rate to the actual tonnage of refuse disposed by the City of Petaluma, as reported to the
AGENCY by its hauler, Petaluma Refuse and Recycling, Inc. (PR&R). In turn, the City will bill
PR&R for the pass-through amount; and
WHEREAS. CITY and AGENCY wish to amend the Agreement for a ninth time to
reduce the compensation to the AGENCY by the CITY from $5.95 to $4.85 per ton and extend
the term of the agreement through June 30, 2016.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma hereby approves and authorizes the City Manager to execute a Ninth Amendment
(incorporated herein by reference as Exhibit A to this Resolution) to the Household Hazardous
Materials Facility Use Agreement with the AGENCY dated January 1, 3005. Said amendment
reduces the compensation to the AGENCY from the CITY from $5.95 per ton and extends the
tern of the agreement through June 30. 2016. During the term of the Ninth Amendment, PR&R
will continue to provide monthly tonnage reports to the AGENCY for the purpose of AB 939
reporting, and for the calculation of subsequent compensation amounts.
Resolution No. ?01-4-180 N.C.S. Page'_
Under the power and authority conlerred upon this Council by the Charter of said Cil}.
REFERENCE:
I hereby ccrtif\ the foregoing Resolution was introduced and adopted by the
Approxed as to
Council orthe City ol'Pelaluma at a Regular meeting on the I° day or. December.
,tir r
'_Old. by the following vote:
r
Ca A iruev
AYES:
Barrett. i\hreor Glass, Barris, I -leap. bice Nluvor Rearnec, Nl it ler
NOES:
None
ABSENT:
Albertson
ABSTAIN:
.ATTEST:
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Cu.N Clerk v nyor -
Resolution No. ?01-4-180 N.C.S. Page'_