024-15 - Waste Management of Washington, Inc. - Contract Amendment 4DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341B8BBA4B
FOURTH AMENDMENT TO THE
CONTRACT FOR SOLID WASTE SERVICES
BETWEEN THE
CITY OF PORT ORCHARD, WASHINGTON
AND
WASTE MANAGEMENT OF WASHINGTON, INC.
THIS FOURTH AMENDMENT TO THE SOLID WASTE CONTRACT BETWEEN
THE CITY OF PORT ORCHARD AND WASTE MANAGEMENT OF WASHINGTON, INC.
(this "Amendment") is dated June 13, 2023 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"); and
B. WHEREAS, The Parties signed the First Amendment to the Agreement on March
14, 2017, which amendment was comprised of a revised Exhibit A, List of City Facilities; and
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; and
D. WHEREAS, The Parties signed a Letter of Understanding dated December 3,
2019, effectuating the form of Third Amendment to the Agreement in which it was mutually agreed
to exercise the first option to extend the services for a period of three (3) years, with a revised
Agreement expiration date of June 30, 2023; and
E. WHEREAS, In order to provide for a more effective recycling service aligned with
Kitsap County Solid and Hazardous Waste Management Plan dated May 2018, as amended on
June 14, 2021, and to further the goal of directing recyclable resources away from landfills, the
Parties have agreed to revise the definition for Recyclable Materials; and
F. WHEREAS, Exhibit A, List of City Facilities, is amended and replaced in its
entirety as included herein; and
G. WHEREAS, The Parties also wish to exercise the second extension of the term of
the Agreement for a period of two (2) years, for a revised Agreement expiration date of June 30,
2025, on the same terms and conditions of the existing Agreement except as previously amended
and amended herein;
FOURTH AMENDMENT TO THE CONTRACT FOR Page 1 of 5
SOLID WASTE SERVICES BETWEEN THE CITY OF
PORT ORCHARD, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC.
10663265.2 - 366922 - 0001
DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341B8BBA4B
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 to amend
the Agreement as follows:
1. Definitions. The definition for "Recyclable Material" is hereby deleted in its
entirety and replaced with the following:
"Recyclable Material: Clear, amber, and green glass food and beverage
containers; Tin -coated steel cans; Aluminum cans; Newspaper including glossy advertisements
and inserts that are delivered with the newspaper; Mixed paper including mail, magazines,
catalogs and phone books, paperback books, computer paper, white and colored ledger, file
folders, and file cards; Paper food containers including paper bags, dry food boxes, and egg
cartons; Corrugated cardboard; Plastic bottles, jugs, and dairy tubs (no lids). This list may be
revised from time -to -time according to the following factors, as agreed by the Kitsap County
Solid Waste Division, Contractor, and City: (1) potential for significant waste stream diversion,
(2) market conditions, including market risk, and/or (3) new technologies and innovative
program approaches."
2. Agreement References to "Recyclables". In the Agreement, all references to the
term "Recyclables," are hereby amended and restated to be read as, "Recyclable Material".
3. Exhibit A. Exhibit A, List of City Facilities, is amended and replaced in its entirety
as attached to this Amendment and included herein by this reference.
4. Extension of Term. The Parties hereby exercise the second extension of the Term
pursuant to Section 1.2 of the Agreement, as amended, for an additional two (2) years. The revised
Agreement expiration date is June 30, 2025.
5. 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.
6. Counterparts, Signatures. This Fourth 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 Fourth Amendment and binding on the Parties.
IN WITNESS WHEREOF, the Parties execute this Fourth Amendment on the dates set
forth below. Each person signing this Fourth Amendment represents and warrants that he or she
has been duly authorized to enter into this Fourth Amendment by the Party on whose behalf it is
indicated that the person is signing.
Signatures on the following page.
FOURTH AMENDMENT TO THE CONTRACT FOR Page 2 of 5
SOLID WASTE SERVICES BETWEEN THE CITY OF
PORT ORCHARD, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC.
10663265.2 - 366922 - 0001
DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341B8BBA4B
CITY OF PORT ORCHARD
DocuSigned by:
F��
By: P4aal WA,
Name: Robert Putaansuu
Title: MW12023
Date:
ATTEST:
By: rDocuSigned by:
ebma, Oid * L"t,
Name: Brandv Rinearson. MMC. CPRO
Title: City -clerk
Date: 6//-V/Z /-3
APPRO ujAAS FORM:
By: —
Name: Charlotte Archer
Title: City, Attorney
Date: b10T2UZJ
VORT
SEAL
LEA Q:
WASTE MANAGEMENT OF
WASHINGTON, INC.
DocuSigned by:
By:
Name: Jason S. Rose
Title: President
Date: 6 27 2023
FOURTH AMENDMENT TO THE CONTRACT FOR Page 3 of 5
SOLID WASTE SERVICES BETWEEN THE CITY OF
PORT ORCHARD, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC.
10663265.2 - 366922 - 0001
DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341B8BBA4B
EXHIBIT A
LIST OF CITY FACILITIES
CITY FACILITY NAME
ADDRES SERVICE LEVEL AS OF JUNE 30 2023
WM ACCOUNT #
'
FIRE DEPT
200 TREMONT ST W
QTY 1:
3 -YD Garbage, lx/per week
QTY 1:
2-YD Recycle, Ix/per week
LIBRARY
87 SIDNEY AVE
QTY 1:
2 YD Garbage, 1x/per week
QTY 1:
2-YD Recycle, Ix/per week
1 KENDAL AND
QTY 1:
6-YD Garbage, 2x/per week
ACTIVE CLUB
CLINE
POLICE DEPT
216 PROSPECT ST
QTY 1:
3-YD Garbage, lx/per week
QTY 1:
96-GAL CART Garbage, lx/per week
QTY 1:
64-GAL CART Recycle, 1x/per week
PUBLIC WORKS — SHOP
1535 VIVIAN CT
QTY 1:
6-YD Garbage, lx/per week
QTY 1:
4-YD Recycle, Ix/per week
PUBLIC WORKS- DECANT
1260 LLOYD
QTY 1:
30-YD Garbage ROLLOFF BOX, on call
FACILITY
PARKWAY
QTY 1:
3-YD Garbage, 2x/per week
SEWER TREATMENT
1165 BEACH DR
PLANT
QTY 1:
2 YD Recycle, Ix/per week
CITY HALL
216 PROSPECT ST
QTY 2:
64-GAL CART Recycle, every other week
DEPARTMENT OF
COMMUNITY
DEVELOPMENT &
600 KITSAP ST
QTY 1:
64-GAL CART Recycle, every other week
POLICE
DEPARTMENT OF
QTY 1:
64 GAL Garbage, lx/per week
COMMUNITY
720 PROSPECT ST
QTY 1:
64-GAL CART Recycle, every other week
DEVELOPMENT.
837 BAY STREET
834 BAY STREET
802 BAY STREET
801 BAY STREET
742 BAY STREET
QTY 12:
32-GAL *Garbage Cans, 2x/week
702 BAY STREET
QTY 8:
32-GAL *Recycle Cans, lx/per week
CITY STREET CANS
701 BAY STREET
739 BAY STREET
*City -owned Cans
817 BAY STREET
820 BAY STREET
714 BAY STREET
715 BAY STREET
(Garbage Only)
FOURTH AMENDMENT TO THE CONTRACT FOR Page 4 of 5
SOLID WASTE SERVICES BETWEEN THE CITY OF
PORT ORCHARD, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC.
10663265.2 - 366922 - 0001
DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341B8BBA4B
MCCORMICK PARK 3201 Old Clifton Rd QTY 1: 4YD Garbage lx/per week
FOURTH AMENDMENT TO THE CONTRACT FOR Page 5 of 5
SOLID WASTE SERVICES BETWEEN THE CITY OF
PORT ORCHARD, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC.
10663265.2 - 366922 - 0001