HomeMy WebLinkAboutResolution 2019-059 N.C.S. 05/20/2019Resolution No. 2019-059 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING AN ELEVENTH 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 EXECUTE 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 (SCWMA) that, in
return for a yearly fee, Petaluma residents would have continued use of the County's Household
Hazardous Waste Facility; and
WHEREAS, the City of Petaluma and Agency hereby ratify each of the previous amendments 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, an Eleventh Amendment is proposed to extend the Agreement for Petaluma's
participation in the Household Hazardous Waste Program and other SCWMA services until June 30,
2024, with annual compensation to the SCWMA based on the same method of calculation as the
previous year, by applying the SCWMA's tipping fee surcharge rate to the actual tonnage of solid waste
disposed by the City of Petaluma, as reported to the SCWMA by its hauler Recology Sonoma Marin by
the 201h of the succeeding month. The SCWMA will invoice the City, based on their approved rate of
$5.40 per ton, due and payable to SCWMA within 10 days after receipt. In turn, the City of Petaluma
will bill Recology Sonoma Marin 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 an Eleventh Amendment (incorporated herein by
reference as Exhibit A to Resolution), and execute all related documents, to the Household Hazardous
Resolution No. 2019-059 N.C.S. Page 1
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, for a period of five years from July 1, 2019, to June 30, 2024,
paid on a monthly basis from refuse collection rates. During the term of the Eleventh Amendment, the
City of Petaluma's waste hauler, Recology Sonoma Marin will continue to provide monthly tonnage
reports to the SCWMA 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 Apr vend as to
Council of the City of Petaluma at a Regular meeting on the 201h day of May rm:
2019, by the following vote: fr'{
Cityorney
AYES: Mayor Barrett; Fischer; Healy; Kearney; King; Vice Mayor McDonnell; Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
Deputy City Clerk
Mayor
Resolution No. 2019-059 N.C.S. Page 2
Attachment 2
Exhibit A to Resolution
ELEVENTH AMENDMENT TO AGREEMENT
Household Hazardous Waste and AB 939 Program Services
This Eleventh Amendment to Agreement, effective the 15t day of July, 2019, ("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 Secohd'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 approveddthe 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',12008and,
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`Am' endment 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 (1,2) 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) month` mritil 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,
WHEREAS, CITY and AGENCY approved the Tenth Amendment to the Agreement 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.
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Resolution No. 2019-059 N.C.S
WHEREAS, CITY and AGENCY wish to amend the Agreement for an eleventh time to extend the term of
the Agreement for an additional five (5) years, until June 30, 2024, and,
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in
this Eleventh Amendment, AGENCY and CITY agree as follows:
Section 2. Section 3 of the Agreement, "Term," is amended to read as follows:
City Attorney
APPROVED:
Risk Manager
APPROVED:
Finance Director
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Resolution No. 2019-059 N.C.S