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HomeMy WebLinkAbout3310RESOLUTION NO. 3 3 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM IV TO THE SOLID WASTE COLLECTION AGREEMENT BETWEEN THE CITY OF AUBURN AND WASHINGTON WASTE HAULING & RECYCLING D /B /A/ R.S.T. DISPOSAL. WHEREAS, the City approved Resolution No. 1393 on December 29, 1982, which authorized the CITY to enter into a Solid Waste Collection Agreement with the CONTRACTOR; and WHEREAS, Section 5 of the Agreement set the term of the Agreement to run from February 28, 1981, to February 28, 1989, provided that the CONTRACTOR had the option to renew the Agreement for an additional four (4) 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 February 28, 1989, pursuant to Section 5 of the Agreement, the CITY and CONTRACTOR agreed to Addendum I to the Agreement which extended the term of the Agreement for an additional four (4) years until February 28, 1993; and WHEREAS, the CONTRACTOR was not entitled to any renewal options under the terms of Addendum I to the Solid Waste Collection Agreement; and Resolution No. 3310 January 31, 2001 Page 1 WHEREAS, on May 6, 1991, the CITY approved Resolution No. 2199, authorizing execution of Addendum II to extend the term of the agreement between the parties for a term of 10 years; and WHEREAS, on April 18, 1994, the CITY approved Resolution No. 2511, authorizing execution of Addendum III to amend the existing rates for solid waste collection services; WHEREAS, the agreement between the parties will expire on June 30, 2001; and WHEREAS, the City 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 IV to the Solid Waste Collection Agreement between the City of Auburn 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 six Resolution No. 3310 January 31, 2001 Page 2 (6) 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 7U day of February, 2001. CHARLES A. BOOTH Mayor ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Resolution No. 3310 January 31, 2001 Page 3 ADDENDUM IV TO SOLID WASTE COLLECTION AGREEMENT BETWEEN THE CITY OF AUBURN AND WASHINGTON WASTE HAULING & RECYCLING D /B /A/ R.S.T. DISPOSAL This addendum IV 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 ", 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. 1393 on December 29, 1982, which authorized the CITY to enter into a Solid Waste Collection Agreement with the CONTRACTOR; and WHEREAS, Section 5 of the Agreement set the term of the Agreement to run from February 28, 1981, to February 28, 1989, provided that the CONTRACTOR had the option to renew the Agreement for an additional four (4) years pursuant to the same conditions and terms of the Agreement if said CONTRACTOR had performed all covenants and conditions of the Agreement; and Exhibit "A" Resolution No. 3310 Page 1 WHEREAS, on February 28, 1989, pursuant to Section 5 of the Agreement, the CITY and CONTRACTOR agreed to Addendum I to the Agreement which extended the term of the Agreement for an additional four (4) years until February 28, 1993; 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, on May 6, 1991, the CITY approved Resolution No. 2199, authorizing execution of Addendum II to extend the term of the agreement between the parties for a term of 10 years; and WHEREAS, on April 18, 1994, the CITY approved Resolution No. 2511, authorizing execution of Addendum III to amend the existing rates for solid waste collection services; WHEREAS, the agreement between the parties will expire on June 30, 2001; and WHEREAS, the City 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. 3310 Page 2 NOW, THEREFORE, in consideration of the covenants and conditions of this Addendum IV to the Agreement, the CITY and the CONTRACTOR agree as follows: 1. PURPOSE: The purpose of this Addendum IV is to amend and extend the term of the Solid Waste Collection Agreement between the parties for a term of six (6) months. 2. TERM: It is agreed that the Agreement between the parties be extended for six months, beginning July 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. 3. CONSIDERATION: It is agreed that the CONTRACTOR shall receive two increases in the revenues CONTRACTOR receives from the City as follows: 2.4% effective January 1, 2001 3.0% effective July 1, 2001. CITY OF AUBURN Exhibit "A" Resolution No. 3310 Page 3 tA.A CHARLES A. BOOTH Mayor ATTEST: aid` P�'Q Danielle E. Daskam City Clerk APPROVED AS TO FORM: L ichael J. Reynolds City Attorney CONTRACTOR WASHINGTON WASTE HAULING & RECYCLING D /B /A/ R.S.T. DISPOSAL BY TITL DATE: VV�,A.c pt ) 7477) J Exhibit "A" Resolution No. 3310 Page 4