HomeMy WebLinkAboutResolution 2009-141 N.C.S. 09/14/2009Resolution No. 2009-141 N.C.S.
of the City of Petaluma, California
APPROVING A 1VIElVIORANDi1M OF i1NDERS'~ANDING (1VIOU)
BETWEEN T~-IE CIT1' OF PETALi11VIA AND T~IE
SONOIVIA COUN'I'Y WAS'TE MANAGEMEN'I' AGENCY (AGENCY)
FOR THE AG~NCY'S APPLICATION FOgZ ANI) ADIVIINISTRA'~ION OF
iJSEi) OIL BLOCK GRAN'I' FiJNDING; ANI) AiJ'I'HORIZING CI'I'Y 1VIANAGER
TO EXECII'I'E T~IE 1VIOi1 ON BEI~ALF OF 'I'I~E CI'I'Y OF PETALi11VIA
WHEREAS, as part of a program to provide opportunities for the recycling of used oil, the
California lntegrated 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,
WHEREAS, the City of Petaluma 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,
W~I~~ZEAS, 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.
NOW, 'THEREFOl2E, BE IZ' RESOLVEll that the City Council of the City of
Petaluma hereby:
Approves the Memorandum of Understanding (NIOU) 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,
Resolution No. 2009-141 N.C.S. Page 1
2. Authorizes City Manager to execute the MOU on behalf of the City of Petaluma.
Under thc po~~~er and authorih~ conlerred upon this Council by the Charter of said City
REFERENCE: 1 hereby certify the foregoing Resolutiot~ was introduced and adopted by the Ap}jroved~as to
Council of the City of Pe~aluma at a Reg~ilar mecting on the 14'~ day of J fo~
September, 2009, by the following vote: +/_
AYES: Vice M~yor Barrett, Glass, I-larris, I lealy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
Resolution No. 2009-141 N.GS.
Pa~~ 2
EXH1~~'T A TO 92ESOLUT90BV
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SONOMA COUNTY WASTE MANAGEMENT
AGENCY AND THE CITY OF PETALUMA
This Memorandum of Understanding is made and entered into this _ day
of , , by 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
CIWMB; and
WHEREAS, each grant has specific monies allocated to City by the
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 follows:
AGREEMENT
1. Purpose. City has rights, annually, to the portion of the Used Oil Block Grant that is
designated by the CIWMB as City's allocation. In Resolution No. 2005-009 dated May 18, 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 designee, 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 June 30 authorizing the Agency to submit to the CIWMB, 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 St. in Petaluma. 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 co{lection costs for the used oil 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 Contractors (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 4:30 p.m. Arranging pick-ups of the used oil and filters is the responsibility of the City.
Resolution No. 2009-141 N.C.S. Page 3
Any costs associated with the maintenance or replacement of equipment and supplies must
be pre approved by the CIWMB Used Oii 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 CIWMB 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, or 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 property, damages for bodily and personal injury, including death, or
liability arising out of the claims of City, or City's contractors, subcontractors, officers, agents or
employees or third persons for tortious 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. Gity 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.
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
and every provision contained in this MOU.
6.3 Incorporation of Prior Aqreements; 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 MOU 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
Resolution No. 2009-141 N.C.S. Page 4
By:
Vincent Marengo, Chair
Sonoma County Waste Management Agency
CITY: CITY OF PETALUMA
Bv:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
Resolution No. 2009-141 N.C.S. Page S
EXHIBIT A
TO MEMORANDUM OF UNDERSTANDING
PAYMENT TERMS
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 100
Santa Rosa, CA 95403
3. Agency staff will review and approve, with approval not unreasonably being wifhheld, 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 CIWMB. Notwithstanding
the foregoing, Agency promises to take all reasonable measures to secure reimbursement of
all allowable funds from CIWMB. City will be reimbursed after Agency has received
reimbursement from the CIWMB for the expenditure. In the event CIWMB fails to approve
any expenditure, Agency shall not be liable to City for such unallowable expense.
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
this 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.
Resolution No. 2009-141 N.C.S. Page 6