HomeMy WebLinkAboutResolution 2018-020 N.C.S. 02/05/2018Resolution No. 2018 -020 N.C.S.
of the City of Petaluma, California
APPROVING ASSIGNMENT OF THE PROFESSIONAL SERVICES
AGREEMENT WITH TOTAL WASTE SYSTEMS, AN AFFILIATE OF THE RATTO
GROUP OF COMPANIES, INC., FOR THE HAULING AND DISPOSAL OR
BENEFICIAL REUSE OF CITY BIOSOLIDS, TO RECOLOGY SONOMA MARIN, A
SUBSIDIARY OF RECOLOGY INCORPORATED, UPON SATISFACTION OF THE
REQUIREMENTS OF THE AGREEMENT
WHEREAS, biosolids production is inherent in the process of wastewater treatment; and
WHEREAS, the City has incorporated technology and systems for appropriate
management of biosolids into the design and operation of the Ellis Creek Water Recycling
Facility (ECWRF); and
WHEREAS, as part of the implementation of a sound management plan for biosolids
produced at the ECWRF, the City intends to continue its existing practice of contracting for
hauling and offsite disposal or reuse of biosolids; and
WHEREAS, the City issued a Request for Proposals for the Hauling and Beneficial
Reuse or Disposal of City Biosolids on December 19, 2013, which was circulated to
professionally qualified firms for responses; and
WHEREAS, Total Waste Systems, a wholly owned subsidiary of The Ratto Group, was
awarded a Professional Services Agreement for Hauling and Disposal or Reuse of City Biosolids
for a period of three years through June 30, 2017 with an option to renew the agreement for one
additional two -year period up to June 30, 2019 based on satisfactory performance; and
WHEREAS, the agreement with Total Waste Systems was amended on July 5, 2017 to
extend service through June 30, 2019; and
WHEREAS, The Ratto Group and Recology Sonoma Marin, a subsidiary of Recology,
Inc., have entered into an Asset Purchase Agreement whereby Recology Sonoma Marin is
purchasing all of the assets of The Ratto Group, including Total Waste Systems; and
WHEREAS, On January 18, 2018, The Ratto Group of Companies requested that the
City allow the assignment of the biosolids services agreement with Total Waste Systems, an
affiliate of The Ratto Group of Companies, Inc., to Recology Sonoma Marin; and
WHEREAS, Recology Sonoma Marin has the resources and capability to perform the
biosolids services under the biosolids services agreement; and
WHEREAS, the assignment of the agreement continues an existing City activity, and the
contractor's disposal and reuse methods employ existing sites which are permitted, approved and
in use, and the extension of the agreement does not constitute a "project" under the California
Environmental Quality Act ( "CEQA "); see Title 14, Chapter 3, California Code of Regulations
( "CEQA Guidelines "), Sections 15060(c) (2) and 15368.
Resolution No. 2018 -020 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
1. Approves the amendment to assign the Professional Services Agreement, included as
Exhibit A, for Hauling and Disposal or Beneficial Reuse of City Biosolids to
Recology Sonoma Marin,
2. Authorizes the City Manager or his designee to execute said amendment on behalf of
the City of Petaluma.
Under the power and authority conferred upon this Council by the Charter of said City.
Resolution No. 2018 -020 N.C.S.
Page 2
Exhibit A to Resolution
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT FOR
Hauling and Beneficial Reuse or Disposal of City Biosolids
THE AGREEMENT ( "Agreement ") entered into and effective as of May 21, 2014 by and
between the City of Petaluma, a California municipal corporation and charter city, ( "City ") and
Total Waste Systems ( "TWS ") as amended by Amendment No. 1 dated July 5, 2017 is hereby
amended in accordance with Sections 15 and 24 as follows:
1. The Agreement is hereby assigned to Recology Sonoma Marin, California Corporation
no. C4051107, ( "Recology ") and Recology hereby assumes all of the Consultant's rights
and obligations pursuant to the Agreement, effective upon execution of this Amendment
by authorized representatives of City, TWS and Recology, satisfaction of the condition in
Section 2 of this Amendment, and assignment of the Franchise Agreement between City
and Petaluma Refuse & Recycling, Inc. ( "PR &R ") dated March 6, 2013, by PR &R to
Recology.
2. As a condition precedent to the assignment of the Agreement pursuant to this
Amendment taking effect, Recology agrees to provide the City verification of insurance
coverage of Recology for purposes of performance of the Agreement in accordance with
paragraph F of Exhibit B -1 of the Agreement
3. Except as modified pursuant to this Amendment, all terms and conditions of the
Agreement remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day of
, 2018.
CITY OF PETALUMA
By:
John C. Brown
City Manager
Date:
TOTAL WASTE SYSTEMS
By:
Rick Powell
President
Date: lIZ16 A
Resolution No. 2018 -020 N.C.S.
Page 3
Approved as to form:
By:
Eric W. Danly
City Attorney
Date:
RECOLOGY SONOMA MAR1N
By:
Michael J. San mcom
President & CEO
Date: `�'r'''u 1� h> 8
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