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Home My WebLink About3362 RESOLUTION NO. 3 3 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO ENTER INTO A COMPREHENSIVE GARBAGE, RECYCLABLES AND YARD DEBRIS COLLECTION CONTRACT BETWEEN THE CITY OF AUBURN AND WASTE MANAGEMENT OF WASHINGTON, INC. (DBA RST DISPOSAL). WHEREAS, the City of-Auburn has conducted a competitive process to determine a contractor to provide garbage, recyclables, and yard debris collection services to City residents, businesses, and institutions, and WHEREAS, having completed the competitive process, the City has selected the best candidate to provide the services outlined in the competitive process; and WHEREAS, Waste Management of Washington, Inc., (dba RST Disposal) represents that it has the experience, resources and expertise necessary to perform such services; and WHEREAS, the City desires to enter into this contract with Waste Management of Washington, Inc., for the services outlined in the competitive process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are herewith authorized and directed to enter into a Comprehensive Garbage, Resolution No. 3362 July 11,2001 Page 1 I I I Recyclables and Yard Debris Collection Contract between the City of Aubum and Waste Management of Washington, Inc., (dba RST Disposal). A copy of said contract is attached hereto and denominated as Exhibit "A" and made a part hereof as though set forth in full herein. DATED and SIGNED this .J_IJL~ day of July, 2001. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: 'Dan~'elle E. Daskam, City Clerk ED~FORM: Michael J. R~ynolds, City Attorney Resolution No. 3362 July 11, 2001 Page 2 CITY OF * * 7`~~,~ ~~~~~ Peter B. Lewis, Mayes s`= WASHIh1GTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-30 March 19, 2007 Mr. Diclc Culbertson South Sound District Manager Waste Management P.O. Box 1877 Auburn, WA 98001 RE: Notice of extension to City of Auburn Solid Waste Collection Contract Dear Mr. Culbertson: In accordance with Section 1 of the Solid Waste Collection Contract between the City and Waste Management, notice is hereby given of the City's exercise of a two year extension of the original contract. The current contract expires on December 31, 2008. This first extension is effective January 1, 2009 through December 31, 2010. This extension shall be under the original terms and conditions of the current contract. The City reserves the right, in accordance with Section l of the Contract, to extend the contract for a second two year term should the City decide to do so within the prescribed time. Sincerely, ----- ~ ~ . Peter B. Lewis Mayor cc: Dan Heid, City Attorney Dani Daskam, City Clerk .Shelley Coleman, Finance Director Jamey DeSoer, Waste Management CONTINUATION CERTIFICATE The LEXON Insurance Company, 10002 Shelbyville Road, Suite 100, Louisville, KY 40223, as Surety on bond number 1003620 issued on the 1st day of JANUARY, 2004, in the amount of FIVE HUNDRED THOUSAND AND 00/100 Dollars ($500,000.00), on behalf of Waste Management of Washington, Inc., 1240 W. Main, Auburn, WA 98001, in favor of the City of - ------Auburn, WA; "25-West Mairi St:; Auburn; WA-9800-1,-hereby continues-said-bond in.the-anlount of FIVE HUNDRED THOUSAND AND 00/100 Dollars ($500,000.00), for the period beginning the I st day of JANUARY, 2011 and ending on the 31 st day of DECEMBER, 2011 subject to all covenants and conditions as set forth and expressed in said bond. This Continuation Certificate is executed upon the express condition that the Company's liability under said bond and this and all Continuation Certificates issued in connection therewith shall. not be cumulative and shall not in any event exceed the sum of the said bond in -force at the-time of default. Signed and sealed this 6th'day of DECEMBER, 2010. Waste Management of Washington, Inc. (Principal) By: nx ~ % k r, ~ z~ 7 -7- (Title) Donna L. Meals, Authorized Representative LEXON lnsuranee Company (Surety) By: l_- Jackie C. Koestel , Attorney-in-Fact POWER OF ATTORNEY Lx- 83377 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint:Brook T. Smith, Kathy Hobbs, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Sandra F. Harper, Myrtie F. Henry, Virginia E. Woolridge, Deborah Neichter, Jill Kemp, Jackie C. Koestel, Sheryon Quinn its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. ,jRANCF LEXON INSURANCE COMPANY •CO A TEXAS ~~~~~i~y~~ X: INSURANCE CD u1~ COMPANY BY David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. MAUREEN K. AYE "OFFICIAL SEAL" r Maureen Aye Notary Public, State of Illinois My Commission Expires 09/21/13 K. CERTIFICATE Notary Public I "the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Woodridge, Illinois this Day o ` 20 0 JFIAN CF TEXAS • Or 0 J( X- INSURANCE Cz I COMPANY &7J, Donald D. Buchanan Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi- al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties:" LX1