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HomeMy WebLinkAboutResolution 2012-099 N.C.S. 07/02/2012 Resolution No. 2012-099 N.C.S. of the City of Petaluma, California APPROVING AN EIGHTH 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 I-Iousehold 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 Seventh Amendment extended the Agreement to June 30, 2012; and, WHEREAS, a Eighth Amendment is proposed to extend the Agreement for Petaluma's participation in the Household Hazardous Waste Program and other Agency services until June 30, 2015, 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 Resolution No.2012-099 N.C.S. Page I solid waste disposed by the City of Petaluma, as reported to the Agency by its hauler Petaluma Refuse & Recycling, Inc. (PR&R) by the 20th 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 an Eighth 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 yearfrom July 1, 2012, to June 30, 2015, paid on a monthly basis from refuse collection rates. During the term of the Eighth 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 bprovedas to Council of the City of Petaluma at a Regular meeting on the 2id day of July,2012, form: ' rm: by the following vote: Ci[ ttorney AYES: Albertson, Barrett.Mayor Glass, Harris.Healy. Kearney.Vice Mayor Renee NOES: None ABSENT: None ABSTAIN: None /`/�y, /p�-�-nV I ATTEST: �'`� v City Clerk Iayor Resolution No. 2012-099 N.C.S: Page 2 Exhibit A to Resolution 2012-099 NCS EIGHTH AMENDMENT TO AGREEMENT Household Hazardous Waste and AB 939 Program Services This Eighth Amendment to Agreement, effective theist day of July, 2012, ("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 approved the Seventh 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, 2012; and, WHEREAS, CITY and AGENCY wish to amend the Agreement an eighth 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 thirty-six (36) months, until June 30, 2015. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Eighth Amendment, AGENCY and CITY agree as follows: Section 1. Section 2. of the Agreement, "Compensation; Business Tax Certificate,"is amended to read as follows: Resolution No. 2012-099 N.C.S. Page 3 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, 2012. 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, 2012 and terminates at midnight on June 30, 2015, 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 Eighth Amendment to the Agreement to be executed as of the date first set forth above. CITY OF PETALUMA SONOMA COUNTY WASTE MANAGEMENT AGENCY City Manager Agency Chair ATTEST: APPROVED AS TO FORM: City Clerk Agency Counsel APPROVED AS TO FORM: City Attorney APPROVED: Risk Manager APPROVED: Finance Director Resolution No. 2012-099 N.C.S. Page 4 Exhibit"A" - Eighth 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 20th 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. 2012-099 N.C.S. Page 5