HomeMy WebLinkAboutResolution 2016-096 N.C.S. 06/20/2016Resolution No. 2016 -096 N.C.S.
of the City of Petaluma, California
APPROVING A TENTH 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 AND AUTHORIZING THE
CITY MANAGER TO EXECUTED SAID AMENDMENT
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 extended the terms for another year and
added additional Agency surcharge - funded services; a Third Amendment 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; Fourth and Fifth
Amendments extended the Agreement to June 30, 2009 and June 30, 2010, respectively; and a
Sixth Amendment extended the Agreement to June 30, 2011, and readjusted the method of
calculating the Agency's compensation by applying the Agency's tipping fee surcharge rate to
the actual tonnage of solid waste disposed by the City of Petaluma, to be billed on a monthly
basis; and a Ninth Amendment extended the Agreement to June 30, 2016; and
WHEREAS, the City of Petaluma and Agency hereby ratify each of the previous
amendments to the Agreement, including but not limited to the Eighth Amendment to the
Agreement and affirm that the Agreement as amended to date has continued in full force and
effect since its commencement on January 1, 2005; and
WHEREAS, a Tenth Amendment is proposed to extend the Agreement for Petaluma's
participation in the Household Hazardous Waste Program and other Agency services until June
30, 2019, with annual compensation to the Agency based on the same method of calculation as
the previous year, by applying the Agency's tipping fee surcharge rate to the actual tonnage of
solid waste disposed by the City of Petaluma, as reported to the Agency by its hauler Petaluma
Refuse & Recycling, Inc. (PR &R) by the 20th of the succeeding month. The Agency -will
invoice the City, based on their approved rate of $4.85 per ton, due and payable to SCWMA
within 10 days after receipt. In turn, the City of Petaluma will bill PR &R for the pass - through
amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to enter into a Tenth Amendment, incorporated
Resolution No. 2016 -096 N.C.S. Page 1
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 continued participation in SCWMA's AB 939 services, including
disposal of household hazardous waste, from July 1, 2016, to June 30, 2019, paid on a monthly
basis from refuse collection rates. During the term of the Tenth Amendment, the City of
Petaluma's waste hauler Petaluma Refuse & Recycling, Inc. 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: I hereby certify the foregoing Resolution was introduced and adopted by the /Approved ,% to
Council of the City of Petaluma at a Regular meeting on the 20`h day of June, 2016, t I form :k
by the following vote: s �'
City Attorney
AYES: Albertson, Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ftajj�
City Clerk yor
Resolution No. 2016 -096 N.C.S. Page 2
Exhibit A
TENTH AMENDMENT TO AGREEMENT
Household Hazardous Waste and AB 939 Program Services
This Tenth Amendment to Agreement, effective the 1st day of July, 2016, ( "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
extend the term of the Agreement for an additional thirty -six (36) months, until June 30, 2015,
and,
WHEREAS, CITY and AGENCY approved the Ninth Amendment to the Agreement
extend the term of the Agreement for an additional twelve (12) months, until June 30, 2016, and,
Resolution No. 2016 -096 N.C.S. Page 3
WHEREAS, CITY and AGENCY wish to amend the Agreement for a tenth time to
adjust the compensation to the AGENCY by the CITY and extend the term of the agreement
through the earlier of the expiration of the term of the joint exercise of powers agreement
establishing the AGENCY, or June 30, 2019.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions contained in this Tenth Amendment, AGENCY and CITY agree as follows:
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 January 1,
2005 and terminates at midnight on the earlier of June 30, 2019 or the date upon which the
Agreement between the Cities of Sonoma County and Sonoma County for a Joint Powers
Agency to Deal with Waste Management Issues, as it may be amended from time to time,
expires, 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 Tenth Amendment to the
Agreement to be executed as of the date first set forth above.
CITY OF PETALUMA
City Manager
ATTEST
City Clerk
APPROVED AS TO FORM:
City Attorney
r_�UKSAva��
Risk Manager
APPROVED:
Finance Director
SONOMA COUNTY WASTE
MANAGEMENT AGENCY
Agency Chair
APPROVED AS TO FORM:
Agency Counsel
Resolution No. 2016 -096 N.C.S. Page 4