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HomeMy WebLinkAbout2007/11/27 City Council Resolution 2007-204RESOLUTION NO. 2007-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DIRECTING CITY STAFF TO SEND A NON - BINDING LETTER OF INTENT TO ROHNERT.PARK DISPOSAL, INC. TO AMEND THE AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK DISPOSAL, INC. FOR REFUSE, RECYCLABLE MATERIALS, COMPOSTABLE MATERIALS AND STREET SWEEPING SERVICES WHEREAS, at the September 25, 2007 Waste and Recycling Work Session the City Council of the City of Rohnert Park approved the extension of the Rohnert Park Disposal, Inc. ( "RPD ") Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services Agreement, dated May 29, 2001 ( "Agreement ") and the acquisition of new fleet vehicles which would be funded by a one -time increase in refuse rates and capitalized over the course of seven (7) years; and WHEREAS, on November 6, 2007 the Waste & Recycling Subcommittee directed staff to draft a resolution indicating the City's intent to extend the franchise agreement for an additional seven (7) years, amend the contract to incorporate additional terms and conditions previously discussed between the City of Rohnert Park and RPD, memorialize services currently provided by RPD to the City of Rohnert Park, and to acquire new fleet vehicles that meet or exceed Air Resources Board standards for solid waste collection vehicles; and WHEREAS, the City Council of the City of Rohnert Park is committed to utilizing their existing authorities and specific measures to achieve the transition to Zero Waste; and WHEREAS, the City Council fully supports and wishes to pursue opportunities to reduce wastes that currently flow into our landfills through public education and outreach, local take -back programs, the provision of incentives to businesses and individuals whose efforts promote increased recycling and re -use, by adopting refuse rates that reward those who recycle more and generate less waste, by advocating for legislated Extended Producer Responsibility (EPR) Programs, by partnering with organizations that host drop -off locations for materials that are either banned from landfills or are candidates for recycle or re -use, and by modeling this commitment through their own waste reduction practices; and WHEREAS, the City desires that such measures to achieve Zero Waste and waste reduction would be memorialized in the proposed amendment to the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and direct the City Manager to execute and deliver on behalf of the City of Rohnert Park that certain Letter of Intent concerning the proposed amendment of the Agreement, a copy of which is attached hereto for reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 27th day of November, 2007. ATTEST: I all. L CITY OF ROHNERT PARK Mayor BREEZE: AYE MACKENZIE: AYE SMITH: NO STAFFORD: AYE VIDAK- MARTINEZ: AYE AYES: (4) NOES: (1) TABSENT: (0) ABSTAIN: (0) (2) [CITY LETTERHEAD] November 27, 2007 Rick Powell, President Rohnert Park Disposal, Inc. P.O. Box 1916 Santa Rosa, CA 95402 Re: Proposed Amendment ( "Amendment ") of the Agreement between the City of Rohnert Park ( "City ") and Rohnert Park Disposal, Inc. ( "RPD ") for Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services dated May 27, 2001 ( "Agreement "). Dear Mr. Powell: On September 25, 2007, the City Council of the City authorized the City Manager to negotiate an extension to the Agreement with RPD. On November 6, 2007, the City Waste and Recycling Subcommittee directed staff to draft a resolution and letter of intent indicating the City's desire to enter into the proposed Amendment. The purpose of this letter is to set forth the major business terms upon which the City, subject to City Council approval, would be willing to enter into the Amendment with RPD. The major business terms of the proposed Amendment are as follows: Extension of Term. The term of the Agreement would be extend for an additional seven (7) years. 2. Project Funds/Garbage Fund. The funds currently held in the supplemental education fund pursuant to the Agreement would be reallocated as follows: $25,000 to special projects /targeted outreach $25,000 to hauler for mutually agreed upon projects /outreach $10,000 to enforcement support 3. Household Battery- Recycling Program. RPD would coordinate the City- sponsored Household Battery Recycling Program. Such coordination would include, but not be limited to, RPD reporting collected battery weights to the City. 4. Expansion of City Pick -Up Sites. The Amendment would provide a description of additional locations where RPD would be required to collect refuse. 5. Community Cleanup Events. RPD would provide additional support for Community Cleanup Event occurring in the City. Such support would include, but not be limited to, advertising such events in utility billing inserts and in the "Community Voice." 1054280v1 80078/0012 6. Motor Oil Program. RPD would implement a used motor oil collection program that would be established at multi - family residences. 7. E -Waste Program. RPD would co- sponsor an electronic waste event with Goodwill Industries and Sonoma County. 8. Undocumented Services. City and RPD would memorialize those services currently being performed by RPD but not specified within the contract. 9. Street Sweeping Schedule. RPD and City would establish a revised street sweeping schedule for commercial and residential refuse collection. 10. Indemnification. RPD would indemnify City for all claims arising directly or indirectly from services provided pursuant to the Agreement. The indemnification language contained in the Agreement would be revised pursuant to the Amendment as appropriate. 11. Zero -Waste Goals. RPD would adopt operations initiatives to achieve zero -waste from refuse collection activities. 12. Flow- Control of Waste and Recyclables. The Amendment would affirm the City's conrol of waste and recyclables flow- control. 13. Fee Structure. RPD would work with City on implementing any new fee structure imposed by the Sonoma County Solid Waste Agency, or its successor agency. 14. Cooperation during Natural or Man-made Disasters. RPD and City will discuss the coordination of emergency response during a disaster. These are the major business terms upon which the City, subject to approval of the City Council, is prepared to enter into the Amendment with RPD. This letter is not intended to be legally binding, and neither City nor RPD would be legally bound unless and until a formal Amendment is entered into between City and RPD. Although neither party will be legally bound by this letter unless and until the City Council has approved the Amendment at a noticed public hearing and formal legal documents have been signed, it does require the parties to work together in good faith to attempt to reach formal documentation on these major business terms. If the parties have not signed the Amendment for any reason by March 31, 2008, however, neither party will have any further obligation to proceed in good faith with these negotiations. Very truly yours, Stephen Donley, City Manager 1054280v1 80078/0012 The terms and conditions of the foregoing letter of intent are hereby accepted by the undersigned on , 2007. Rohnert Park Disposal, Inc. Its: 1054280v180078/0012