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HomeMy WebLinkAboutResolution 2007-089 N.C.S. 06/04/2007 Resolution No. 2007-089 N.C.S. of the City of Petaluma, California RESOLUTION APPROVING THIRD AMENDMENT TO AGREEMENT WITH SONOMA COUNTY WASTE MANAGEMENT AGENCY FOR. AB 939 SERVICES AND USE OF HOUSEHOLD HAZARDOUS WASTE DISPOSAL FACILITY WHEREAS, the City of Petaluma desires to provide a high degree of waste diversion as part of its Waste Management Program; and, WHEREAS, the safe and proper disposal of .household hazardous waste is an important component of our diversion program; and, WHEREAS, the Sonoma County Waste Management Agency has offered the residents of Petaluma the use of the Household Hazardous Waste Facility at the Central Disposal Site; and WHEREAS, the City of Petaluma wishes to provide such a disposal program for its residents; and, WHEREAS, the Sonoma County Waste Management Agency has offered to provide all other AB 939 required services to the City of Petaluma, including recycling education, solid waste planning, AB 939 compliance reports, and other diversion waste programs; and, WHEREAS, the City of Petaluma wishes to accept these services to stay in compliance with the Countywide Integrated Waste Management Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to enter into the third amendment to the agreement dated January 1, 2005, with the Sonoma County Waste Management Agency per Attachment, for AB 939 services and the disposal of Household Hazardous Waste for a period of one year from July 1, 2007, to June 30, 2008, at a cost not to exceed $157,400, to be paid for from refuse collection rates. 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 p ro e as to Council of the City of Petaluma at a Regular meeting on the 4h day of June, 2007, fo by the following vote: City Attorney AYES: Barrett, Freitas, Harris,. Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt NOES: None ABSENT: None s` ~ 7 ABSTAIN: None / Cam' i ~ s,.~"~~ ATTEST: ~ ~ ! r ~Y 1..~.-'' ~,s'~ City-Clerk Ma or Resolution No. 2007-089 N.C.S. Page 1 THIRD AMENDMENT TO AGREEMENT Household Hazardous Waste and AB939 Program Services This Third Amendment to Agreement, effective the15' day of July, 2007, ("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 Agreement to the Agreement (revised) 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, arid (3) extend the term of the Agreement for an additional twelve (12) months, until June 30, 2007; and, WHEREAS, CITY and AGENCY wish to amend the Agreement a third time 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, 2008. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Third Amendment, AGENCY and CITY agree as•follows: Section 1. Section 1 of the Agreement, "Services," is amended to read as follows: 1. Services. Agency shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). Section 2. Section 2. of the Agreement, "Compensation; Business Tax Certificate," is amended to read as follows: 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Agency one hundred fifty seven thousand, four hundred dollars ($157,400.) under the terms defined in Exhibit A, Payment of this amount is due in four equal quarterly installments, upon invoice, beginning July 1, 2007. 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 Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $157,400 without prior written consent of the City Manager. Section 3. Section 3 of the Agreement, "Term," is amended to read as follows: 3. Term. The term of this Agreement commences on the Effective Date and terminates at midnight on June 30, 2008, unless extended or terminated sooner pursuant to the provisions of this Agreement. Section 4. Section 18 of the Agreement, "Indemnification," is amended to read as follows: 18. Indemnification. Agency shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any liability, loss, damage, claims, expenses, and costs (including, without limitation, attorney's fees arid costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Agency's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the negligence or willful misconduct of City. Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" within the definition of Civil Cade Section 2783, as may be amended from time to time, such indemnity shall not include Liability for the active negligence of City. Section 5. Section 31 of the Agreement, "Entire Agreement," is amended to read as follows: 31. Entire Agreement. This Agreement, including Exhibits A and B2 attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. Section 6. 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 Third Amendment to Agreement to be executed as of the date first set forth above. CITY OF PETALUMA SONOMA COUNTY WASTE MANAGEMENT AGENCY ~a~ I ~ 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 Exhibit".4" -Third Amendment Services and Compensation Under the terms of this agreement, the Sonoma County Waste Management Agency shall allow the City and its residents 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 Sonoma County Waste Management Agency regarding the promotion and use of the HHW Facility at the Central Disposal Site. Services provided by this agreement shall also include educational 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 SCWMA tipping fee surcharge rate on the actual tonnages of solid waste disposed of by the City of Petaluma's franchised waste hauler, GreenWaste Recovery, Inc. during the period of January 2006 through December 2006. Petaluma's franchised waste hauler disposed of 29,144 tons of solid waste during-the period January 2006 through December 2006. The tipping fee surcharge is $5.40/ton, therefore, Petaluma's compensation for FY 07-08 to the Agency is not to exceed $157,400, due in four equal quarterly installments, upon invoice, beginning July 1, 2007. During the term. of the Third Amendment, City shall provide to Agency monthly reports of the solid waste disposed by its franchised waste hauler by the 20`h of each following .month for AB939 reporting purposes.