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054-23 - Resolution - Amendment 4 to C024-15 with Waste ManagementDocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 RESOLUTION NO.054-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 4 TO CONTRACT CO24-15 WITH WASTE MANAGEMENT OF WASHINGTON, INC. FOR SOLID WASTE DISPOSAL SERVICES. WHEREAS, to provide solid waste disposal services for the residents and businesses within city limits, the City and Waste Management executed Contract CO24-15 for Solid Waste Disposal Services, effective July 1, 2015; and WHEREAS, CO24-15 has 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; and WHEREAS, the First Amendment to the Agreement was executed on March 14, 2017, which comprised of a revised Exhibit A, List of City Facilities; and WHEREAS, the Second Amendment to the Agreement was executed on July 25, 2017, effectuating another revision to Exhibit A, List of City Facilities; and WHEREAS, on December 3, 2019, a Letter of Understanding was executed effectuating the 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 WHEREAS, 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 City and Waste Management have agreed to revise the definition for Recyclable Materials; and WHEREAS, additionally, to clarify the current status of facilities, Exhibit A, List of City Facilities, is amended and replaced in its entirety as included herein; and WHEREAS, the Parties also wish to exercise the second and final 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; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute Amendment No. 4 with Waste Management of Washington, Inc. as attached hereto as Exhibit A and DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 Resolution No. 054-23 Page 2 of 7 incorporated herein by this reference, for the continued collection and disposal of garbage and recyclable materials as required for all residential and commercial customers. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 13t" day of June 2023. FDocuSigned by: b PlMaAtA SWA, Robert Putaansuu, Mayor DocuSigned by: ATTES UJAUL 46ASA54BBD00418._. Brandy Wallace, MMC, City Clerk DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: D5B16161-DA48-4E7A-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: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341138BBA413 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. Countemarts; 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: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341138BBA41B CITY OF PORT ORCHARD WASTE MANAGEMENT OF WASHINGTON, INC. DocuSlgned by: Do uBigned by: By: �°b(4 �U�olaUn,SUdti By. Name: Robert Putaansuu Name: Jason S. Rose Title: Ma Title: President Date: Date: 6 27 3 ATTEST: ❑ocuSfgnod by: i By: Name: Brandy Rinearson, MMC, CPRO Title: Cit�_clerk Date: �i�uz3 APPRO „ ,SAAy$ FORM: By: ` - Name: Charlotte Archer Title: Citv Attornev Date: 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: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: D51316161-DA41B-4EM-BE66-413411381BBA413 EXHIBIT A LIST OF CITY FACILITIES CITY FACILITY NAME ADDRESS SERVICE LEVEL AS OF JUNE 3:0, 2023. WM ACCOUNT 4 200 TREMONT ST W QTY 1: 3 -YD Garbage, lx/per week FIRE DEPT QTY 1: 2-YD Recycle, Ix/per week 87 SIDNEY AVE QTY 1: 2 YD Garbage, 1x/per week LIBRARY QTY 1: 2-YD Recycle, 1 x/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, Ix/per week QTY 1: 96-GAL CART Garbage, 1x/per week QTY 1: 64-GAL CART Recycle, Ix/per week PUBLIC WORKS — SHOP 1535 VIVIAN CT QTY 1: 6-YD Garbage, Ix/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 SEWER TREATMENT 1165 BEACH DR QTY 1: 3-YD Garbage, 2x/per week 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, Ix/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, Ix/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: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: D5B16161-DA4B-4E7A-BE6B-41341B8BBA4B MCCORMICK PARK 3201 Old Clifton Rd Q'I Y 1: 4YD Garbage Ix/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