HomeMy WebLinkAbout3338RESOLUTION NO. 3 3 3 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE ADDENDUM II TO THE SOLID WASTE COLLECTION
AGREEMENT BETWEEN THE CITY OF AUBURN, THE BOEING COMPANY,
AND WASHINGTON WASTE HAULING & RECYCLING D/B/A/ R.S.T.
DISPOSAL.
WHEREAS, the City of Auburn (hereinafter referred to as "CITY")
approved Resolution No. 2380 on February 25, 1993, which authorized the
CITY to enter into a Solid Waste Collection Agreement with The Boeing
Company and Washington Waste Hauling & Recycling d/b/a R.S.T. Disposal
(hereinafter referred to as "CONTRACTOR"); and
WHEREAS, Section 7 of the Agreement set the term of the Agreement
to run from March 1, 1993, to February 28, 1998, provided that the
CONTRACTOR had the option to renew the Agreement for an additional three
years pursuant to the same conditions and terms of the Agreement if said
CONTRACTOR had performed all covenants and conditions of the Agreement;
and
WHEREAS, on June 24, 1997, pursuant to Section 2 of the Agreement,
the CITY, the BOEING COMPANY and CONTRACTOR agreed to an
amendment to the agreement which established a new service and rate for
Resolution No. 3338
March 12, 2001
Page 1
dumping 5 X 5 stackable tubskid containers at the Boeing plant location in
Auburn, Washington; and
WHEREAS, on January 14, 1998, pursuant to Section 1 of the
Agreement, the CITY, the BOEING COMPANY and the CONTRACTOR agreed
to Addendum 1 to the Agreement which extended the term of the Agreement
for an additional three (3) years until February 28, 2001; and
WHEREAS, the CONTRACTOR was not entitled to any renewal options
under the terms of Addendum I to the Solid Waste Collection Agreement; and
WHEREAS, the agreement between the parties will expire on February
28, 2001; and
WHEREAS, the CITY and the BOEING COMPANY desires to extend the
terms of the Agreement to December 31, 2001; and
WHEREAS, Washington Waste Hauling & Recycling d/b/a R.S.T.
Disposal is willing to extend the terms of the Agreement.
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 to execute Addendum II to the Solid Waste Collection
Resolution No. 3338
March 12, 2001
Page 2
Agreement between the City of Auburn, The Boeing Company, and Washington
Waste Hauling & Recycling d/b/a R.S.T. Disposal for the purpose of amending
and extending the term of the Solid Waste Collection Agreement between the
parties for a term of ten (10) months, and giving the City the ability to terminate
the contract, at any time, by giving ninety (90) days written notice to
Washington Waste Hauling & Recycling d/b/a R.S.T. Disposal. A copy of said
Agreement is attached hereto and denominated as Exhibit "A".
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation. ~
DATED and signed this ~ day of March, 2001.
CITY OF AUBURN
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CHARLES A. BOOTH
MAYOR
Resolution No. 3338
March 12, 2001
Page 3
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3338
March 12, 2001
Page 4
ADDENDUM II
TO SOLID WASTE COLLECTION AGREEMENT BETWEEN THE
CITY OF AUBURN, THE BOEING COMPANY AND WASHINGTON WASTE
HAULING & RECYCLING D/B/A/ R.S.T. DISPOSAL
This addendum II is entered into by and between the CITY OF AUBURN,
a Municipal Corporation of the State of Washington, whose address is 25 West
Main, Auburn, WA 98001, hereinafter referred to as "CITY", THE BOEING
COMPANY, AUBURN PLANT whose mailing address is P.O. Box 3707 MC5F-
59, Seattle, WA 98124-2207 and WASHINGTON WASTE HAULING &
RECYCLING D/B/A R.S.T. DISPOSAL, a Washington corporation, whose
address is 1240 West Main, Auburn, WA 98001, hereinafter referred to as
"CONTRACTOR";
WHEREAS, the City approved Resolution No. 2380 on February 25,
1993, which authorized the CITY and THE BOEING COMPANY to enter into a
Solid Waste Collection Agreement with the CONTRACTOR; and
WHEREAS, Section 7 of the Agreement set the term of the Agreement to
run from March 1, 1993, to February 28, 1998, provided that the
CONTRACTOR had the option to renew the Agreement for an additional three
(3) years pursuant to the same conditions and terms of the Agreement if said
Exhibit "A"
Resolution No. 3338
Page 1
CONTRACTOR had performed all covenants and conditions of the Agreement;
and
WHEREAS, on June 24, 1997, pursuant to Section 2 of the Agreement,
the CITY, THE BOEING COMPANY and CONTRACTOR agreed to Addendum
I to the Agreement which established a new service and rate for dumping 5 X 5
stackable tubskid containers at THE BOEING COMPANY plant location in
Auburn, Washington; and
WHEREAS, on January 14, 1998, pursuant to Section 1 of the
Agreement, the CITY, the BOEING COMPANY and the CONTRACTOR agreed
to Addendum 1 to the Agreement which extended the term of the Agreement for
an additional three (3) years until February 28, 2001; and
WHEREAS, the CONTRACTOR was not entitled to any renewal options
under the terms of Addendum I to the Solid Waste Collection Agreement; and
WHEREAS, the agreement between the parties will expire on February
28, 2001; and
WHEREAS, the City and THE BOEING COMPANY desires to extend the
terms of the Agreement to December 31, 2001; and
WHEREAS, Washington Waste Hauling & Recycling d/b/a R.S.T.
Disposal is willing to extend the terms of the Agreement.
Exhibit "A"
Resolution No. 3338
Page 2
NOW, THEREFORE, in consideration of the covenants and conditions of
this Addendum II to the Agreement, the CITY, THE BOEING COMPANY and
the CONTRACTOR agree as follows:
1. PURPOSE:
The purpose of this Addendum II is to amend and extend the term of the
Solid Waste Collection Agreement between the parties for a term of ten (10)
months.
2. TERM:
It is agreed that the Agreement between the parties be extended for ten
(10) months, beginning March 1, 2001, and expiring December 31, 2001. The
CITY shall have the option to terminate this Agreement, at any time, by
delivering written notice thereof to the CONTRACTOR, not less than ninety (90)
days prior to the date of termination.
Exhibit "A"
Resolurion No. 3338
Page 3
3. CONSIDERATION:
It is agreed that the CONTRACTOR shall receive two increases in the
revenues CONTRACTOR receives from the City from the Boeing Company.
The amount of the two increases in the revenues CONTRACTOR receives from
the City are as follows:
2.4% effective January 1, 2001
3.0% effective July 1, 2001
CITY OF AUBURN
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CHARLES A. B OTH
Mayor
Exhibit "A"
Resolution No. 3338
Page 4
ATTEST:
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Danieile E. Daskam
City Clerk
ROVED A TO FORM:
Michael J. Reynolds
City Attorney
Exhibit "A"
Resolution No. 3338
Page 5
CONTRACTOR
WASHINGTON WASTE HAULING &
RECYCLING D/B/A/ R.S.T. DISPOSAL
BY:
TITLE:
DATE:
THE BOEING COMPANY
BY:
TITLE:
DATE:
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of , 2001, before me, the
undersigned, a Notary Public in and for the State of Washington, personally
appeared
known to be the
,tome
of
WASHINGTON WASTE HAULING & RECYCLING d/b/a R.S.T. DISPOSAL, the
corporation who executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated
that he/she is authorized to execute said instrument on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION expires
Exhibit "A"
Resolurion No. 3338
Page 6
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of , 2001, before me, the
undersigned, a Notary Public in and for the State of Washington, personally
appeared
known to be the
,tome
of
THE BOEING COMPANY, the corporation who executed the within and
foregoing instrument, and acknowledged said instrument to be the free and
vofuntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute said
instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION expires
EAibit "A"
Resolution No. 3338
Page 7