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HomeMy WebLinkAboutResolution 2006-045 N.C.S. 03/20/2006 Resolution No. 2006-045 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 $150,000, 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 dove as to Council of the City of Petaluma at a Regular meeting on the 20`~ day of March, fo 2006, by the following vote: City ttomey AYES: Harris, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: Vice Mayor Canevaro, Mayor Glass ABSTAIN: None ATTEST: City Clerk Mayor Resolution No. 2006-045 N.C.S. Page 1 ATTACHMENT A SECOND AMENDMENT TO AGREEMENT AB 939 and Household Hazardous Waste Facility Services This Second Amendment to Agreement, entered into and effective this l5, day of July, 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 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 wish to amend the Agreement to (1) add additional services for compliance to the requirements mandated by AB 939, (2), to compensate the Agency $150,000.00 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 under the following terms: One Hundred Fifty Thousand and 00/100 dollars ($150,000) per year, 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 shall be compensated for services in addition to those described in Exhibit Al, 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. Resolution No. 2006-045 N.C.S. Page 2 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. Section 4. Section 5 of the Agreement, "Agency's ,Representation: Independent Contractor," is amended to read as follows: 5. Agency's Representation: Independent Contractor. Agency represents that Agency has hired a subcontractor who possesses distinct professional skills in performing the household hazardous operations and services. It is expressly understood that Agency and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. Section 5. Section 14 of the Agreement, "Standard of Performance," is amended to read as follows: 14. Standard. of Performance. Agency shall perform all the Services in a manner consistent with the standards required by AB 939 regulations and for household hazardous waste operations and management. Section 6. Section l b of the Agreement, "Subcontractors," is amended to read as follows" 16. Subcontractors. The parties acknowledge that the household hazardous waste operations and services will be performed by a subcontractor. Section 7. 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 First Amendment to Agreement to be executed as of the date first set forth above. SONOMA COUNTY WASTE MANAGEMENT AGENCY City Manager Chairman ATTEST: City Clerk Resolution No. 2006-045 N.C.S. Page 3 EXHIBIT Al SERVICES 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 Facility (HHW Facility) at the Central Disposal Site, without additional charge during the term of the Agreement. This includes 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 will 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. Resolution No. 2006-045 N.C.S. Page 5