HomeMy WebLinkAbout024-15 - Waste Management of Washington, Inc. - Contract Amendment 5FIFTH AMENDMENT TO THE CONTRACT
FOR SOLID WASTE SERVICES BETWEEN
THE CITY OF PORT ORCHARD,
WASHINGTON AND
WASTE MANAGEMENT OF WASHINGTON, INC.
THIS FIFTH AMENDMENT TO THE SOLID WASTE CONTRACT BETWEEN THE CITY OF
PORT ORCHARD AND WASTE MANAGEMENT OF WASHINGTON, INC. (this "Amendment")
is dated as of May 30, 2025 by the City of Port Orchard, a municipal corporation of the State of
Washington (the "city"), and Waste Management of Washington, Inc. ("Contractor"). Each of Company
and Contractor is sometimes referred to herein as a "Party" and together as the "Parties". Capitalized terms
used in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the
Agreement.
RECITALS
A. WHEREAS, City and Contractor are parties to that certain Contract for Solid Waste
Services, effective July 1, 2015 having an original expiration date of June 30, 2020 and two (2) options to
extend the term by mutual agreement, with the first option to extend for three (3) years and the second
option to extend for two (2) years (the "Agreement");
B. WHEREAS, the Parties signed the First Amendment to the Agreement on March 14,
2017, which amendment revised Exhibit A, List of City Facilities;
C. WHEREAS, the Parties signed the Second Amendment to the Agreement on July 25,
2017, effectuating another revision to Exhibit A, List of City Facilities;
D. WHEREAS, the Parties signed a Letter of Understanding dated December 3, 2019,
effectuating a form of Third Amendment to the Agreement in which the Parties mutually agreed to
exercise the first option to extend the services for a period of three (3) years, for a revised Agreement
expiration date of June 30, 2023;
E. WHEREAS, the Parties signed the Fourth Amendment dated June 13, 2023, and thereby
exercised the second option to extend the term of the Agreement for a revised Agreement expiration date
of June 30, 2025, including a revised definition for Recyclable Materials and Exhibit A, List of Facilities;
and
F. WHEREAS, the Parties now desire to extend the current term to allow the City additional
time to evaluate its options for Solid Waste Services; those options being to negotiate a new contract with
Contractor or transition the City's Solid Waste Services to the Washington Utilities and Transportation
Commission.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the receipt
and sufficiency of which are hereby acknowledged, the Parties mutually agree as follows:
1. Extension of Term. The Parties hereby agree to modify the Agreement, as provided by its
Section 13.4, to extend the expiration date from June 30, 2025 to October 30, 2025.
Fifth Amendment to the Contract for Solid Waste Services Page 1 of 2
Between the City of Port Orchard, Washington and
Waste Management of Washington, Inc.
2. Full Force and Effect. Except as otherwise provided in this Amendment, all other terms
and provisions of the Agreement shall remain in full force and effect.
3. Counterparts; Signatures. This Amendment may be executed in two (2) or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and
the same instrument. Signatures transmitted electronically shall be deemed valid execution of this Fifth
Amendment and binding on the Parties.
IN WITNESS WHEREOF, the Parties execute this Amendment on the dates set forth below.
Each person signing this Amendment represents and warrants that he or she has been duly authorized to
by the Party on whose behalf it is indicated that the person is signing.
CITY OF PORT ORCHARD WASTE MANAGEMENT OF
WASHINGTON, INC.
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
By: a�
Name: Jason S. Rose
Title: President
Fifth Amendment to the Contract for Solid Waste Services Page 2 of 2
Between the City of Port Orchard, Washington and
Waste Management of Washington, Inc.
Docusign Envelope ID: 6173B630-6327-4841-8A72-84B2AE60CDEC
2. Full Force and Effect. Except as otherwise provided in this Amendment, all other terms
and provisions of the Agreement shall remain in full force and effect.
3. Counterparts; Signatures. This Amendment may be executed in two (2) or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and
the same instrument. Signatures transmitted electronically shall be deemed valid execution of this Fifth
Amendment and binding on the Parties.
IN WITNESS WHEREOF, the Parties execute this Amendment on the dates set forth below.
Each person signing this Amendment represents and warrants that he or she has been duly authorized to
by the Party on whose behalf it is indicated that the person is signing.
CITY OF PORT ORCHARD
,-Signed by:
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By: ...
Rob Putaansuu
Name:
Title:
Mayor
ATTEST:
DocuSigned by:
By: a.33G67 An 1'11F
7enine Floyd
Name:
Title: Deputy City Clerk
6/2/2025
Date:
APPROVED AS TO FORM:
Signed by:
By: o,F2=5
charlotte Archer
Name:
Title: City Attorney
Date:
6/2/2025
Fifth Amendment to the Contract for Solid Waste Services
Between the City of Port Orchard, Washington and
Waste Management of Washington, Inc.
WASTE MANAGEMENT OF
WASHINGTON, INC.
Name: Jason S. Rose
Title: President
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