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1 FIRST AMENDMENT TO
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR
SONOMA COUNTY WASTE MANAGEMENT AGENCY
This FIRST AMENDMENT TO AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (“First Amendment”) is made this ____ day of ___________, 2024 (“Effective Date”) by and between the COUNTY OF SONOMA, a political subdivision of the State of California, the CITIES OF CLOVERDALE, COTATI, HEALDSBURG, PETALUMA, ROHNERT PARK, SANTA ROSA, SEBASTOPOL, SONOMA AND WINDSOR, each a municipal corporation of the State of California (the County and Cities are referred to individually herein as a “Member” and collectively as the “Members”).
RECITALS
A. The Members are authorized and empowered to contract with each other for the joint exercise of powers pursuant to the Joint Exercise of Powers Act (Government Code section 6500 et seq.) (the “JPA Act”); and
B. On September 9, 1992, the Members entered into an agreement for a joint powers agency to deal with waste management issues (“Original Agreement”) and the Original Agreement created a separate public entity known as the Sonoma County Waste Management Agency; and
C. On January 24, 1996 the Members entered into that certain First Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues; and
D. On March 27, 2014, the Members entered into that certain Second Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues; and
E. On March 1, 2017, the Members entered into the Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency, which replaced and superseded the Original Agreement and all amendments thereto (“Agreement”); and F. The Agreement authorizes the Members, following approval by their governing bodies, to amend the Agreement by unanimous consent; and G. Section 6504 of the JPA Act provides in part that the parties to a joint exercise of powers agreement may provide that (a) contributions from the treasuries of the members may be made for the purpose set forth in the agreement, (b) payments of public funds may be made to defray the cost of such purpose, (c) advances of public funds may be made for the purpose set forth in the agreement, such advances to be repaid as provided in said agreement, or (d) personnel, equipment or property of one or more of the parties to the agreement may be used in lieu of other contributions or advances; and
H. As allowed by Section 6504 of the JPA Act, the Members desire to amend the Agreement to expressly provide that any of the Members may, at their sole individual discretion, 38066.00000\42487228.1
2 make contributions, payments, advances, or provide personnel, equipment or property to the Agency, subject to the conditions set forth in this First Amendment.
AGREEMENT
1. Section 3.B.xv. is hereby added to the Agreement to read as follows:
“xv. The Agency may accept from the Members, and each of the Members may make, at their sole discretion, (a) contributions from any of the Members’ treasuries to be used in furtherance of the purposes set forth in this Agreement, (b) payments of public funds from any of the Members to defray the cost of the purposes set forth in this Agreement, (c) advances of public funds for any of the purposes set forth in this Agreement, including but limited to advances in the form of loans or lines of credit, with such advances to be repaid pursuant to terms set forth in a written agreement between the Agency and the Member contributing such advances, the terms of which must be approved by the Agency Board of Directors and the governing body of the applicable Member, or (d) personnel, equipment or property of one or more of the Members may be used in lieu of other contributions or advances, subject to terms set forth in a written agreement between the Agency and the Member contributing such personnel, equipment or property, the terms of which must be approved by the Agency Board of Directors and the governing body of the applicable Member.”
2. This First Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect. [Signature Page to Follow]
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2 38066.00000\42487228.1
3 FIRST AMENDMENT TO
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR
THE SONOMA COUNTY WASTE MANAGEMENT AGENCY
IN WITNESS WHEREOF, the Members hereto, unanimously consent, through their governing bodies, to this First Amendment, and have caused their names to be affixed by their proper and respective officers as of the day and year first written above.
CITY OF CLOVERDALE, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF COTATI, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
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4 City Attorney
CITY OF HEALDSBURG, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF PETALUMA, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ROHNERT PARK, A Municipal
Corporation of the State of California
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5 By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ROSA, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SEBASTOPOL, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
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6 City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SONOMA, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
COUNTY OF SONOMA, A Municipal
Corporation of the State of California
By:
Chair
Board of Supervisors
ATTEST:
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7 Clerk of the Board of
Supervisors
APPROVED AS TO FORM:
County Counsel
TOWN OF WINDSOR, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ZERO WASTE SONOMA, A California
Joint Powers Authority
By:
Leslie Lukacs
Executive Director
APPROVED AS TO FORM:
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8 Agency Counsel