2022/05/24 City Council Resolution 2022-054 RESOLUTION NO. 2022-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE ASSISTANT CITY MANAGER TO SIGN AN OMNIBUS
AMENDMENT TO WASTE DELIVERY AGREEMENT AND FRANCHISED
HAULER'S AGREEMENT TO BE BOUND BY CITY'S WASTE DELIVERY
COMMITMENT
WHEREAS; the City is party to a Waste Delivery Agreement between Republic Services
of Sonoma County, Inc. and also party to a Franchised Hauler's Agreement To Be Bound by
City's Waste Delivery Commitment, between the City, Republic, and Recology; and
WHEREAS, Republic and Recology are parties to an Agreement for Operations of
Sonoma County Transfer Stations and Materials Recovery Facility (Prime Subcontract), pursuant
to which Republic subcontracted to Recology certain of Republic's obligations under the
Amended and Restated Agreement for Operation of the Central Landfill and County Transfer
Stations (MOA) between the County of Sonoma and Republic; and
WHEREAS, the MOA, Prime Subcontract, WDAs and FHAs (County Agreements)
contemplate that Recology will provide a limited program for collection of Commercial Food
Waste and Dry Commercial Mixed Waste within urban areas of City(Programs), to be
compensated solely through a portion of the Facility Operations Service Fee that Recology
receives under the Prime Subcontract; and
WHEREAS,the Programs and related compensation contemplated by the County
Agreements do not meet the requirements of SB 1383, including provision of organics service to
all residential and commercial generators, periodic route reviews to monitor contamination,
periodic compliance reviews to monitor participation, and detailed reporting related to the
foregoing; and
WHEREAS,the needs of the City to comply with SB 1383 are met through the City's
organic waste and Dry Commercial Mixed Waste programs fully funded under its franchise
agreement with Recology; and
WHEREAS, eliminating the funding for the Programs under the Prime Subcontract will
allow the Gate Rates charged to Recology on Committed City Waste delivered to the County
facilities to be reduced by the portion that previously funded the Programs;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize the Assistant City Manager to Sign an Omnibus Amendment to
Waste Delivery Agreement and Franchised Hauler's Agreement to Be Bound by City's Waste
Delivery Commitment, as shown in Exhibit A and subject to minor revisions by the city manager
and city attorney.
DULY AND REGULARLY ADOPTED this 24th day of May, 2022.
CITY OF ROHNERT PARK
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ATTEST:
Sylvia Lopez evas, City Clerk
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Resolution 2022-054
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Exhibit A to Resoluton
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OMNIBUS AMENDMENT TO WASTE DELIVERY AGREEMENT AND
FRANCHISED HAULER’S AGREEMENT TO BE BOUND BY CITY’S WASTE DELIVERY
COMMITMENT
This Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement
(this “Amendment”) is entered into as of January 1, 2022, by and among the City of Rohnert
Park (“City”), Republic Services of Sonoma County, Inc. (“Republic”), and Recology Sonoma
Marin (“Recology”).
WHEREAS, each of the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa and
Sebastopol (the “Committed Cities” or “Cities”) is party to a Waste Delivery Agreement between
the City and Republic (each, a “WDA”), and also party to a Franchised Hauler’s Agreement To
Be Bound by City’s Waste Delivery Commitment, between the City, Republic, and Recology
(each, an “FHA”);
WHEREAS, Republic and Recology are parties to an Agreement for Operations of Sonoma
County Transfer Stations and Materials Recovery Facility (the “Prime Subcontract”), pursuant to
which Republic subcontracted to Recology certain of Republic’s obligations under the Amended
and Restated Agreement for Operation of the Central Landfill and County Transfer Stations (the
“MOA”) between the County of Sonoma and Republic;
WHEREAS, the MOA, Prime Subcontract, WDAs and FHAs (collectively, the “County
Agreements”) contemplate that Recology will provide a limited program for collection of
Commercial Food Waste and Dry Commercial Mixed W aste within urban areas of City (the
“Programs”), to be compensated solely through a portion of the Facility Operations Service Fee
that Recology receives under the Prime Subcontract;
WHEREAS, the Programs and related compensation contemplated by the County Agreements
do not meet the requirements of SB 1383, including provision of organics service to all
residential and commercial generators (not just urban customers), periodic route reviews to
monitor contamination, periodic compliance reviews to monitor participation, and detailed
reporting related to the foregoing;
WHEREAS, the parties believe that the needs of City to comply with SB 1383 can be best
served by having City’s organic waste and Dry Commercial Mixed W aste programs fully funded
under its franchise agreement with Recology, rather than attempting to implement an SB-1383
compliant program by supplementing the existing (noncompliant with SB1383) Programs with
additional services under City’s franchise agreement;
WHEREAS, eliminating the funding for the Programs under the Prime Subcontract will allow the
Gate Rates charged to Recology (as City’s franchised hauler) on Committed City Waste
delivered to the County facilities to be reduced (compared to what the Gate Rates would
otherwise be) by the portion that previously funded the Programs;
NOW, THEREFORE, the parties agree as follows:
1.Effective as of April 1, 2022, and subject to Section 3 below, Section 2.3 of City’s WDA,
and Sections 3 and 4 of City’s FHA (and of Exhibit C to City’s WDA, which sets forth the form of
the FHA), are hereby deleted and of no further force or effect.
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2.Effective as of April 1, 2022, and subject to Section 3 below, City’s FHA is hereby
amended to add the following as Section 1(a) thereof:
“To maximize route efficiency under its franchise agreement with City, Recology may
collect Commercial Food Waste in its residential collection vehicles, commingled with
residential organics, provided that the tonnage of Commercial Food Waste so collected
in City, the other cities that are party to a Waste Delivery Agreement with Republic
where Recology is the franchised hauler, and the unincorporated County combined,
does not exceed 15% of the total tonnage of Commercial Food Waste collected by
Recology from such jurisdictions (calculated on an aggregate (combined) basis, not
jurisdiction by jurisdiction by jurisdiction), and provided further that Recology
compensates Republic Services of Sonoma County, Inc. (“Republic”) appropriately for
such commingled Commercial Food Waste, in a manner to be mutually agreed by
County, Republic and Recology. Compliance with the preceding sentence is intended as
an alternative means of complying with City’s and Recology’s obligations to deliver
Committed Waste to Republic and shall not be deemed a violation thereof.”
3.The effectiveness of Sections 1 and 2 is subject to satisfaction of all of the following
conditions:
(a) The MOA and Prime Subcontract are amended to, among other things: (i) adjust
the Gate Rate and the Facility Operations Service Fee to eliminate the portion that funds
the Programs (currently $4.21 per ton), on all tons on which such portion is included, (ii)
revise Republic’s diversion tonnage goal in Section 9.2 of the MOA and Section 5.4 of
the Prime Subcontract from 67,000 to 44,735 tons per year, and Recology’s diversion
tonnage goal in Section 5.4 of the Prime Subcontract from 46,173 to 23,908 tons per
year; (iii) delete the second sentence of the first paragraph of Section 9.7 of the MOA,
and (iv) delete Section 5.16 of the Prime Subcontract, all such amendments to be
effective as of April 1, 2022;
(b)On or before April 1, 2022, (i) each of County and the Committed Cities enters
into a written amendment to its respective franchise agreement with Recology that
includes a rate adjustment as negotiated between the City and Recology, to fund the
Commercial Food Waste program (and, if continued, the Dry Commercial Mixed Waste
program) provided by Recology in such jurisdiction pursuant to the franchise agreement,
and (ii) each other of the Committed Cities enters into an omnibus amendment to its
WDA and FHA that is identical in all material respects to this Amendment. Any of the
conditions set forth in this subsection (b) may be waived by Recology in writing to the
other parties hereto.
4.In the event of any conflict between this Amendment and City’s WDA or FHA, this
Amendment shall govern. This Amendment may be executed in counterparts and/or by
electronic signature (e.g. DocuSign). As used in this Amendment, “including” and its variants
mean “including without limitation.”
5.Nothing contained herein shall change the definition of Committed Waste within the
WDA. More specifically, Commercial Food W aste and Dry Commercial Mixed Waste are and
shall continue to be considered Committed Wastes. This Amendment does not modify the
categories of Waste exempt from payment of the Facility Operations Fee in Section 8.3 of the
Prime Subcontract.
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6.Except as expressly amended herein, each of the County Agreements shall remain in
full force and effect.
IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above.
City of Rohnert Park
By:
Name:
Title:
Date:____________________________
APPROVED AS TO FORM:
________________________________
City Attorney
ATTEST:
City Clerk
Republic Services of Sonoma County, Inc.
By:
Name:
Title:
Date:
Recology Sonoma Marin
By:
Name:
Title:
Date:
ACKNOWLEDGED:
County of Sonoma
By:
Name:
Title:
Date:____________________________