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HomeMy WebLinkAboutResolution 2006-099 N.C.S. 06/05/2006 Resolution No. 2006-099 N.C.S. of the City of Petaluma, California RESOLUTION APPROVING SECOND 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 second amendment to the agreement with the Sonoma County Waste Management Agency per Attachment A, for AB 939 services and the disposal of Household Hazardous Waste for a period of one year from July 1, 2006, to June 30, 2007, at a cost not to exceed $122,224.00, 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 ppro ed as to Council of the City of Petaluma at a Regular meeting on the 5`~' day of June, 2006, fo by the following vote: ~ City Att ~ rney AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien. Torliatt NOES: None ABSENT: Mayor Glass ABSTAIN: None ATTEST: City Clerk Resolution No. 2006-099 N.C.S. ° Page 1 ATTACHMENT A SECOND AMENDMENT TO AGREEMENT (revised} A6939 and Household Hazardous Waste Facility Services This Second Amendment to Agreement, entered into and effective this 1S' day of Juiy, 2006, 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, 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 Househoid 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 wish to amend the Agreement to (1) add additional services for compliance to the requirements mandated by AB 939, (2), to 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; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Second. 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 "A1"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 $122,224 under the terms defined in Exhibit A1, due in four equal payments quarterly upon invoice, beginning July 1, 2006. B. Agency shall submit detailed quarterly reports reflecting all Services performed on behalf of the City of Petaluma during the preceding three (3) months, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Agency shalt be compensated for services in addition to those described in Exhibit A1, 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 $150,000 without prior written authorization 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, 2007, unless extended or terminated sooner pursuant to the provisions of this Agreement. Resolution No. 2006-099 N.C.S. Page 2