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HomeMy WebLinkAbout2380 , RESOLIITION NO. 2 3 8 0 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 SOLID WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF AUBURN, THE BOEING COMPANY AND R.S.T. DISPOSAL, INC. 5 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 8 SECTION 1. The Mayor and City Clerk of the City of 9 Auburn, Washington, are herewith authorized to execute a Solid 10 Waste Disposal Agreement between the City, The Boeing Company 11 and R.S.T. Disposal, Inc. A copy of said Agreement is 12 attached hereto as Exhibit "A" and incorporated herein. 13 $ECTION 2. The Mayor is hereby authorized to implement 14 such administrative procedures as may be necessary to carry w 15 out the directives of this legislation. 16 DATED and SIGNED this st day of March, 1993. 17 ig CITY OF AUBORN I 19 J~ 20 / w/ 21 M A Y O R 22 23 24 25 26 Resolution No. 2380 February 25,1993 Page 1  a 1 2 ATTEST: 3 4 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM: 9 10 ~ Oi--~ 11 Stephen R. Shelton, 12 City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2380 February 25,1993 Page 2 1 SOLID WASTE DISPOSAL AGREEMENT 2 THIS AGREEMENT is made and entered into this L_`~?:y~aY of 3 March, 1993, by and between the CITY OF AUBURN, a municipal 4 corporation of the State of Washington, hereafter referred to 5 as "CITY", and THE BOEING COMPANY, a Delaware corporation, 6 hereinafter referred to as "BOEING", and R.B.T. DISPOSAL, 7 INC., a Washington corporation, hereinafter referred to as 8 "R. S. T. " 9 WHEREAS, in accordance with Auburn City Code Chapter 8.08 10 entitled "Solid Waste", the CITY and R.S.T. heretofore entered 11 into a Solid Waste Collection Contract providing for the 12 hauling and disposal of all solid waste, refuse and recyclable 13 materials within the city limits of the City of Auburn; and 14 WHEREAS, Auburn City Code Section 8.08.240 entitled 15 "Special services" includes Subsection 8.08.240(B) which 16 provides that the City may negotiate with the city's agent and 17 certain businesses and industries regarding solid waste 18 disposal services where the volume or content of their solid 19 waste would necessitate a rate other than the rates provided 20 for in Sections 8.08.230 or 8.08.240 of the Auburn City Code; 21 and 22 WHEREAS, although said Collection Contract does set forth 23 certain rates and charges for consideration of said services 24 provided by the CITY through its contractor R.S.T., said 25 26 Agreement - CityBoeing/RST Resolution No. 2380 Exhibit "A" February 25,1993 ' Page 1 1 2 Contract does not fully provide for reasonable rates and 3 charges to be assessed for the hauling and disposal of solid 4 waste and refuse or the hauling and processing of recyclable 5 materials for BOEING'8 Auburn facility; and 6 WHEREAS, the parties hereto desire to enter into this 7 Agreement to provide for the hauling and disposal of solid 8 waste, refuse and recyclable materials, with the exception of 9 hazardous waste and all other prohibited materials as defined 10 in Auburn City Code Chapter 8.08, from BOEING'8 plant 11 facilities located in Auburn, Washington, at the rates and 12 charges as hereinafter set forth. 13 NOW, THEREFORE, in consideration of the covenants and 14 conditions of this Agreement, the parties agree as follows: 15 Section 1. R.S.T. and the CITY will haul away and 16 dispose of all solid waste, refuse and recyclable materials of 17 BOEING'8 Auburn plant facilities pursuant to Auburn City ig Ordinance No. 2299, or any amendments thereto, as codified in 19 Auburn City Code Chapter 8.08, in consideration of BOEING 20 Paying for said services at the following rates: 21 CONTAINER SIZE• 22 Plaster box: 20 cubic yard, maximum not to 23 exceed 15 cubic yards of material; 24 Non-compacted containers: 50 cubic yards; 25 Compacted containers: 34 cubic yards. 26 Agreement - CityBoeing/RST Resolution No. 2380 Fxhibit "A" February 25,1993 Page 2 1 2 POINTS OF DISPOSAL: 3 King County - Algona Transfer Station $50.00 per dump 4 King County - Bow Lake Transfer $60.00 5 Station per dump 6 King County - Cedar Hills Landfill $65.00 per dump 7 Eastmont Development - Seattle $65.00 8 (day rate) per dump 9 Eastmont Development - Seattle $55.00 (night rate) per dump 10 Recycle Northwest - Auburn plant $45.00 11 per dump 12 Section 2. BOEING reserves the right to review and 13 approve any proposed changes to the Points of Disposal listed 14 above. Renegotiation of the prices listed in Section 1 may 15 occur in the event that any of the following occur: (1) 16 Closure of Bow Lake or Algona disposal sites; or (2) Opening 17 of a new disposal site. 18 Section 3. R.S.T. shall be entitled to ninety percent 19 (90%) of the charges collected pursuant to this Agreement. 20 Section 4. The rates stated in Section 1 above do not 21 include dump fees assessed by the solid waste disposal 22 site/facility or recycling facility, said dump fees to be paid 23 by BOEING exclusive of the rate structure set forth 24 hereinabove. 25 26 Agreement - CityBoeing/RST Resolution No. 2380 Exhibit "A" February 25,1993 Page 3 1 2 Section 5. Al1 container rentals shall be pursuant to and in accordance with the solid waste rates as codified in 3 4 Auburn City Code Chapter 8.08. 5 Section 6. All methods of billing and other matters of 6 procedure implementing this Agreement shall be promulgated and 7 carried out pursuant to CITY Ordinance No. 2299 or any 8 amendments thereto as codified in Auburn City Code Chapter 9 8.08 and the Solid Waste Collection Contract between the CITY 10 and R.S.T. or any amendments thereto, both of which documents 11 or any amendments thereof are duly filed in the Auburn City 12 Clerk' Office, City Hall, Auburn, Washington 98001. 13 Section 7. This Agreement shall be in effect for the 14 term of five (5) years with an option of three (3) additional 15 Years on mutually agreeable terms and shall commence on March 16 1, 1993 and shall terminate on February 28, 1998 or, if the 17 option is exercised, on February 28, 2001. ~ ~ 18 IN WITNESS WHEREOF, the parties hereto have set their 19 hands and seals the day and year first above written. 20 21 CITY OF AUBURN 22 23 24 MA Y O R ..~~25 26 Agreement - CityBoeing/RST Resolution No. 2380 Fxhibit "A" February 25,1993 Page 4 1 2 ATTEST: 3 4 Robin Wohlhueter, 5 City Clerk 6 APPROVED AS TO FORM : 7 ~OT y ARy'"y- 8 ~ PUBIIC ~ s St hen R. Shelton, ~~91~''i,~n•1°°',.= 9 City Attorney ~Z' 10 11 12 R.B.T. ISPOSAL, INC. 13 14 BY: , 15 16 TITLE: . 17 18 19 THE BOEING COMPANY 20 21 BY : (z2e 22 CIO" 23 Fabrication Division Director of Facilitxes 24 TITLE: 25 26  . , - - _ Agreement - CityBoeing/RST ~ . - - ~ Resolution No. 2380 Fxhibit "A" - February 25,1993 Page 5 1 STATE OF WASHINGTON ) 2 )ss COUNTY OF KING ) 3 On this day of 6N~~~~..~ 1 , 1993, before 4 me, the undersigned, a Notary Publ~ic in an~ for the State of Washington, personally app.gared ~,(j,_ ~1C~ k- + ) , 5 to me known to be the of R. S. T. DISPOSAL, INC., the corporation who executed the within and 6 foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for 7 the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf 8 of said corporation. IN WITN WHEREOF, I have hereunto set my hand and 9 affixed e-nllat;+ seal the date hereinabove set forth. 10 I i ~ ~ , i 11 N . 0TARY NOTARY PUBLIC in and for,~he state of . ~ -..f•. , . ' , P( ~ B L ~ G s c~ W a s h i n g t o n, r e s id in g at 12 S~~y~~ti~ Am is. tw4 MY COMMISSION expires : 13 ~ 0'~~~......•~~'~ V= F WASNs- 14 STATE OF Wb1ii'3i~N ) ) ss 15 COUNTY OF KING ) 16 On this ; 14 day of , 1993, before me, the undersigned, a Notary blic in nd for the State of 17 Washington, personally appear d , to me known to be the of THE BOEING 18 COMPANY, the corporation who executbd the within and foregoing ~ instrument, and acknowledged said instrument to be the free 19 and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she 20 is authorized to execute said instrument on behalf of said corporation. 21 IN WITNESS WHEREOF, I have hereunto set my hand and 22 affixed my official seal the date hereinabove set forth. 23 NOTARY PUBLIC in a for th State of -nd 24 - - - Washington, residing at 25 - - = _ MY COMMISSION expires: - - 26 - - Agreeaiac;nt ~ Cityi"Boeing/RST Resolutian No. 2380 Exhibit "A" February 25,1993 Page 6