HomeMy WebLinkAboutAgenda Bill 3D 09/14/2009~ ~
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CITY OF PETALUMA~ CALIFORNIA ^ ~
~~ ~ ,~, Se~ternber 14, 2009
Agenda Title: Resolution Approving a Memorandum of Understanding 1Vteetin~ Date: Sept. 14, 2009
(MOU) between the City of Petaluma and the Sonoma. County Waste
Management Agency (Agency) for the Agency's Application for and IVleetin~'fime: 7:00 PM
Administration of Used Oil Block Grant Funding; and authorizing City
1Vlanager to Execute the MOU on behalf of the City of Petaluma
Catesory: ^ Presentation ^ Appointments ®Consent Q^ Public,Hearng ^ Unfinished Business ^ New Business
Department: Dire or: Contact Person: Phone Number:
Public Works Vinc nt arengo Viricent.Marengo 778-4467
'Total Cost :of Proposal or Proiect: Naane of l und: 2413
All cost"s are reimbursed by the Sonoma County Waste
M'ana~ement Agency, through Oil Block Grant funding. A_ ccount Number: 24130.54110
Amount )Budgeted: N/A Current 'Fund Balance: $287,691.37
Recommendation: It is'recomuaended that the City Council take the following action:
Approve a .Memorandum of Understanding (MOU) between the City of Petaluma and the Sonoma County Waste
Management:Agency (A°gency) for the Agency's Application for and Administration of Used Oil Block Grant
Funding; and authorize City Manager to execute the MOU on behalf ofthe City of Petaluma.
1_ ^ F:irst reading: of Ordinance approved unanimously, or with unanimous vote fo allow posting prior to second reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has: beerrpublished/posted prior to second
reading; see, Attachment. .
3. ^ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement:
The California Integrated Waste Management. Board (CIWMB) administers a program to provide 'opportunities
for the. recycling of used oil. As part of this program, the Board. issues annual block grants to help. local
governments establish. or enhance permanent, 'sustainable used oil recycling programs. The Sonoma County
Waste Management Ageney (Agency) applies annually for this block grant, and manages a regional used oil
collection program with .the grant. funds.
The purpose of this MOU between the City of Petaluma and `the Agency is to set forth the terms and. conditions
of Petaluma's use. of the above-stated grant funds to maintain a used oil and oil filter collection center at the
City's corporation yard..
Attachments~to,Agenda Packet Item;
1,. Resolution, including Exhibit. A to Resolution: MOU between. the Sonoma County Waste Management
A~geney and the City of Petaluma
R iewed b Tina ce Diirectorc tteviewed by City Attorney:. A roxe C 1Vlana er:
;,---
te: -Q Date: Date: ~`~~~~
Rev.' ~ (
~ Date LBSt[RCVised: File S:`ht~stcA4anaeemcnt ~ otd~r„\~cnds.lt~rn.~Used Oil 131ock
~IV'~" ~ ~ C,ranL20C~i} Used(7i1131ock (~,,tnt ~10~'~~i)G9 AI3 fut li'seciL~il ;b401~.d~c
~I1`Y OF PE1'AI,>IT1VbA9 ~~IFOI2~TIA
SEPTEMBER'I4, ZOOS
AGENDA REPORT
FOR
RESOLUTION APPROVING A 1VIEMORAND,UM OF UNDERSTANDING ~1VIOU~ BETWEEN THE CITY OF
)PETALUMA AND THE SONOMA COUNTY WASTE 1VIANAGEIVIENT AGENCY (AGENCY FOR THE
AGENCY'S APPLICATION FOR AND ADMINISTRATION OF IIsED OIL BLOCK GRANT FUNDING AND
AUTHORIZING CITY MANAGER TO EXECUTE THE l~IOU ON BEHALF OF THE CITY OF PETALUMA
RECOMMENDATION:
Approve a Memorandum of Understanding (MOU) between the City of Petaluma and the
Sonoma County Waste :Management Agency (Agency). for the Agency's Application for and
Administration of Used Oil Block Grant Funding; ; .and authorize City Manager to execute the
MOU on behalf of the City of Petaluma.
2, BACKGROUND:
The Agency is authorized to submit applications and: manage the region's Used Oil Block
Grant funding through Fiscal Year 2010/2011. The City has rights, annually, to that portion
of the Used Oil Block Grant that is designated by the CIWMB as City's allocation. By June
30'" of each year, City submits a letter to Agency staff,authorizing the Agency to apply to the
CIWMB, on its behalf, for the next fiscal year.
DISCUSSION:
The City maintains a used oil collection center at the Corp Yard. Equipment and supplies
have been. purchased by the Agency using the City's portion of the Used Oil Block Grant
funds. These .consist of a used oil tank, used filter receptacle, and a cabinet with an
emergency 'spill kit. The Agency reimburses City for the costs of collecting the used oil and
used filters from the public at the. site, to the extent of available grant funds. The City is
responsible for maintaining the collection site and. making sure access is provided to the
public Monday through Friday, from 8:00 am to 4:30 pm; as well as arranging pick-up of the
used oil and filters.
4. FINANCIAL IMPACTS:
All costs associated with maintenance of the City's used oil collection center are reimbursed
by the Agency, through. Used Oil Block Grant funding.
2
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AACHnflER9'P '~
RESOLUTION
APPROVING A IVI<EIVIORAND.UM OF UNDERSTAI~ING (1VIOU) BETWEEN THE CITY OF
PETALUIVIA AND T SOlVOlVIiA COUNTY WASTE 1VIAl~TAGEIVIENT AGENCY (AGENCY
FOR THE AGENCY'S APPLICATION' FOR AN19 ADIVII1vIS'TRATI®N OF USED OIL ~LOCI~
GRANT FUNDING; AND AUTHORIZING CITY MANAGER TO E7~CUTE THE 1VIOU OlV
BEHALF OF THE CITY OF PETALUIVIA
WHEREAS, as part of a program to provide opportunities for the recycling of used oil, the
California Integrated Waste Management. Board (CIWMB) issues annual block grants to help local
governments establish or enhance permanent, sustainable used oil recycling programs; and
WHEREAS, the Sonoma County Waste Management Agency (Agency) is authorized to apply
annually for this block grant, and manage a regional used oil collection program with the grant funds;
and
W~IEREAS, the City of Petalura maintains a used oil collection program at the Corporation
Yard; and
WHEREAS,.all costs associated with maintenance of the City's used oil collection center are
reimbursed. by the Agency, through. Used Oil Block Grant funding; and
WHEREAS,'the City of Petaluma and Agency desire to enter into a memorandum of
understanding to set forth terms and conditions of the City's use- of these grant funds.
1VOW, TI~REFORE, ~E IT'RESOLVED, that the City Council of the City of'Petaluma
hereby
1. approves the "Memorandum of Understanding (MOU) between the City of Petaluma and the
Sonoma County Waste Management Agency (Agency), attached hereto as Exhibit A to
Resolution and incorporated herein by reference, ,for the Agency's application for and
administration of Used Oil Block Grant funding; and
2. authorizes City Manager to execute the MOU on behalf of'the .City of Petaluma.
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E~CFII~IT A T® ~tE$OLl~T9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SONOMA COUNTY WASTE MANAGEMENT
AGENCY AND THE C1TY OF PETALUMA
This Memorandum of Uhderstanding is made and entered into this day
of , 6y and_ between the Sonoma County Waste Management Agency
("Agency"), a joint powers agency and the City of Petaluma ("City"), a municipal corporation.
Agency and City are sometimes collectively referred to as the "parties" and singularly, as
"party„
RECITALS
WHEREAS, Agency receives annual Used Oil Block Grant funds from the California
Integrated Waste Management Board ("CIWMB''); and
WHEREAS, each grant has specific monies allocated to City by the
CIWMB; and
WHEREAS, Agency is to submit applications and. manage Used Oil Block Grants
for implementation of a regional used. oil collection program; and.
WHEREAS, the Agency Board of Directors authorized the Agency in Resolution No.
2005-009 to submit applications and manage any Used. Oil Block Grants, unless otherwise
noted in~a jurisdiction's authorization letter, through Fiscal Year 2010/2011; and
WHEREAS, City maintains a used oil and oil filter collection center at its corporation
yard; and
WHEREAS, the .parties desire to enter into this memorandum of understanding
(hereinafter referred to as the "MOU") to set forth the: terms and conditions of the use by City of
the above-stated grant funds.
NOW THEREFORE, in consideration for the promises, covenants and agreements
of both parties as set forth below; the parties agree as #ollows:
AGREEMENT
1. Purpose. City has rights, annually:, to the portion.. of the Used Oil Block Grant
that is des'ignafed by the C11NMB as City's allocation. ~ In Resolution No. 2005-009 dated May
1.8, 2005., the Agency was authorized to submit applications and manage any Used Oil Block
Grants; unless otherwise noted in a jurisdiction's authorization letter, through Fiscal Year
2010/2011.. Resolution No. 2005-009 further authorizes. and empowers the Agency Director, or
his/her desigrnee, to execute in -the name of the. Agency and.. on behalf of the jurisdictions which
have provided authorization letters, all grant documents .necessary to secure grant funds and
implement the approved grant project(s).. City must submit a letter to Agency staff annually by
4
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June 30 authorizing the Agency to submit to the GIINMB, on its behalf, a regional Used Oil
Block Grant application for the next Fiscal Year.
City maintains a public used oil and. filter collection center at its corporation yard
located at 840 Hopper Sf. in Retaluma. The collection center consists of a used oil tank, used
filter receptacle, and a cabinet with an emergency'spill kit. The Agency will reimburse City for
collection costs for the used oif -and used filters collected from the public at the site, to the
extent of the available and. eligible grant funds.
The collection center equipment and supplies have been purchased by the Agency
using the City's portion of the Used Oil Block Grant Funds. Used oil and filters are collected
through Agreements between the City and the Contracfors (as selected by City). The City is
responsible for maintaining the collection site and making sure.. access is provided to the public
Monday through Friday during the hours of 8:00 a.m. to 4;3;0 p.m. Arranging pick-ups of the
used oil -and filters is the responsibility of the City.
Any costs associated with ,the maintenance or replacement of equipment and
supplies must~be pre approved.by the CIWMB lJsed Oil Grant Manager. All required signage
will be provided by Agency staff., including stickers required to be affixed to all large pieces of
equipment purchased with grant funds.
2. Payment Terms. City shall be reimbursed for allowable expenses as defined in
the current CIV1/MB grant guidelines and terms and conditions-and in accordance with Exhibit .
A attached hereto and incorporated herein by this. reference..
3. Term of MOU. The term of this MOU shall commence on August 19, 2009 and
shall terminate on February 11, 2017.
4. Indemnification. Agency shall indemnify, defend and hold harmless City, its
officers, agents and employees from and against all. loss, damage. to property, damages. for
bodily and personal injury, ;including death, or liability arising out of the claims of Agency or
Agency's contractors, subcontractors, officers, agents; o:r employees or third persons for
tortious acts or omissions of Agency, its officers, agents and employees arising. out of or in
connection with the performance of Agency operations or "services hereunder.
City shall indemnify, defend and hold harmless Agency, its officers, agents and.
employees from and against loss, damage to properfy, damages for bodily and personal injury,
including death, or liability arising out Hof the claims of City, or City's contactors,
subcontractors, officers; agents or employees or third persons for tortio.us .acts or omissions of
City, its officers agents and employees arising out of or in connection with the performance of
City operations or services hereunder.
5. Compliance with Law. City hereby warrants to Agency that it shall comply with
the requirements of applicable federal, state, and. local- laws, rules, and regulations in the
performance of its duties hereunder:. City further represents and warrants that it has read and
is familiar with the terms and conditions of the Grant Agreement and shall comply with all
requirements of the Grant Agreement and the CIWMB in administering the Grant Agreement.
6. Miscellaneous.; Provisions.
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6.1 No. Continuing Waiver. The waiver by either party of any breach of any
of the provisions of this, MOU shall not constitute a continuing waiver of any subsequent
breach of the -same, or of any other provision of this MOU.
6:2 Time of Essence. Time is and shall be of the essence in this MOU and
of each grid every provision contained in this MQU.
6.3 Incorporation of Prior Agreements; Amendments. This MOU contains all
the agreements of the parties with respect to' any matter mentioned herein. No prior agreement
or understanding pertaining to any such matter shall be effective. This MOU may be modified
in writing only, signed by the parties:in, interest at the time of the modification, and this
sentence may not be modified or waived by any oral agreement.
6:4 Construction; of MOU. To the extent allowed by law, the .provisions in
this MOU shall be construed and given effect in a manner-that avoids any violation of statute,
regulation or law. City and Agency agree that in the event any provision in this MOU is held to
be invalid or void by any court. of competent jurisdiction, the invalidity of .any such provision
shall in no way affect any other provision in this MOU.
6.5 Captions. The captions in this MOIJ .are for convenience only. and are
not a part of this MOU. The .captions do .not in any way limit, or amplify the provisions hereof
and shall have no effect upon the construction or interpretation of any party hereof.
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day
and year first written above.
AGENCY: SONOMA COUNTY WASTE
MANAGEMENT AGENCY
By:
Vincent Marengo, Chair
Sonoma County Waste Management Agency
CITY: CITY OF PETALUMA,
By:
City Manager
6
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ATTEST:
City Clerk.
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
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EXHIBIT A r
TO MEMORANDUM OF UIVDERST~4NDIRIG
PAYMENT TERN6S
Payment requests must. include copies of documents supporting the claimed
expenses such as bids,. receipts, canceled checks, or sole source justifications.
Supporting. documents must contain sufficient information to establish that
purchases made or costs incurred are eligible for payment based on the current
CIWMB grant guidelines and terms and conditions.. At a minimum, the
documentation should include the name, amount and date of purchase for the
expense. -
2. Payment requests are to be mailed to:
Lisa Steinman
Sonoma County Waste Management Agency
2300 County Center Drive, Suite B 1.00
Santa Rosa, CA 95403
3. Agency staff will review and .approve, with approval riot unreasonably being
withheld, all payment requests .for completeness before including them in Agency's
payment request to the CIWMB.
4. City hereby understands and acknowledges that the funds for this MOU are to come
from the CIWMB .pursuant to the current Grant Agreement. Accordingly, City
hereby ..releases Agency from any claims for reimbursement that are not funded by
GIVVMB. Notwithstanding the foregoing, Agency promises to take all reasonable
measures to secure reimbursement of all allowable funds from CIWMB. City will be
reimbursed afterAgency has. received reimbursement from the CIWMB for the
expenditure. In the event CIWMB fails to approve any expenditure, Agency shall
not be iable'to City for such unallowable expense.
5. City may submit payment requests at any time understanding that payments shall
be processed and submitted biannually to CIWMB. City may claim any expenses
covered by thin MOU ,that are incurred starting July 1, 2009 and ending February
11, 2017. City .must provide an estimate of expenditures to Agency annually by July
10 and an invoice. by July 20 for all expenditures for°the previous fiscal year.
8
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