HomeMy WebLinkAboutResolutions 2011-087 N.C.S. 06/06/2011Resolution No. 2011 -087 N.C.S.
of the City of Petaluma, California
APPROVING A SEVENTH 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
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,
WHEREAS, a Seventh Amendment is proposed to extend the Agreement for Petaluma's
participation in the Household Hazardous Waste Program and other Agency services until June
30, 2012, 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
Resolution No. 2011-087 N.C.S. Page 1
Refuse & Recycling, Inc. (PR &R) by the 20 of the succeeding month. The Agency -will
invoice the City, based on their approved rate of $5.95 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 Seventh Amendment (incorporated
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, for a period of one year from July 1, 2011, to June 30,
2012, paid on a monthly basis from refuse collection rates. During the term of the Seventh
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 p v d as to
Council of the City of Petaluma at a Regular meeting on the 6` day of June, 2011, m:
by the following vote:
Cit Xttorney
AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
Resolution No. 2011 -087 N.C.S. Page 2
EXHIBIT A TO RESOLUTION 2011 -087 N.C.S.
SEVENTH AMENDMENT TO AGREEMENT
Household Hazardous Waste and AB 939 Program Services
This Seventh Amendment to Agreement, effective the 15' day of July, 2011, ( "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 wish to amend the Agreement a seventh 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, 2012.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained in this Seventh Amendment, AGENCY and CITY agree as follows:
Section 1 . Section 2. of the Agreement, "Compensation; Business Tax Certificate," is
amended to read as follows:
2. Compensation
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 monthly installments, upon
invoice, beginning August 1, 2011.
Resolution No. 2011 -087 N.C.S. Page 3
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.
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 July 1, 2011
and terminates at midnight on June 30, 2012, 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 Seventh 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
APPROVED:
Department Director
Risk Manager
Finance Director
SONOMA COUNTY WASTE
MANAGEMENT AGENCY
Agency Chair
APPROVED AS TO FORM:
Agency Counsel
Resolution No. 2011-087 N.C.S. Page 4
EXHIBIT A TO SEVENTH AMENDMENT
Exhibit "A" - Seventh 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 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 AGENCY tipping fee
surcharge rate on the actual tonnages of solid waste disposed by the City of Petaluma's
franchised waste hauler, Petaluma Refuse and Recycling. The amount of solid waste disposed
for each month shall be reported to AGENCY for invoicing purposes by the 20'" of the
succeeding month. The AGENCY approved rate of $5.95 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. 2011-087 N.C.S. Page 5