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HomeMy WebLinkAbout97-062Resolution No. 97- ~ RESOL~ION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AME~ING THE 1990 CONTRACT WITH SUPERIOR REFUSE REMOVAL, INC. TO EXTEND THE INITIAL TERM TO ALLOW TIME TO COMPLETE CONTRACT NEGOTIATIONS The City Council of the City of Port Townsend, Washington, does resolve as follows: W/~'~K~, on November 27, 1990, the City of Port Townsend ("City"), a Washington municipal corporation, and Superior Refuse Removal, Inc., a 'Washington corporation CContractor'), entered into a garbage and refuse removal contract dated November 27, 1990. Pursuant to paragraph 23 of the Contract, entitled Modification, the parties hereby amend the Contract effective immediately; and WHEREAS, in accordance with an Amendment to the Contract approved by the Port Townsend City Council on June 19, 1995 (Resolution 95-79), the Contract was amended to add two years to the term (paragraph 17), such that the Contract termination would occur December 31, 1997, subject to the notice and other provisions in the 1995 Amendment; and WHEREAS, the City and the Contractor are currently engaged in negotiating a new contract. While negotiations are proceeding in a satisfactory manner, the Contract requires an 180-day Notice of the City's intention to terminate; and WHEREAS, in the event the City decides to terminate the Contract, the City will need to commence a "Request for Proposal" (RFP) process, including the potential for contract negotiation with another contractor. In the event the City commences the RFP process, the success of pending negotiations would be jeopardized to the detriment of both the City and the Contractor. The RFP process cannot be reasonably concluded within the 180-day period; and WHEREA3, through the attached Amendment, the Contractor waives the 180-day Notice period as set forth in paragraph 17 of the Contract and agrees to provide garbage collection removal and recycling service~ for a reasonable time after the scheduled termination date to allow successful completion of negotiations without necessitating an RFP process, NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend that the 1997 Amendment to the Contract for solid Waste Handling and Disposal Between Superior Refuse Removal, Inc., and City of Port Townsend be accepted and authorizes the Mayor to sign the Amendment in substantially the form attached hereto. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 2nd day of June, 1997. Julie ~Culloch, Mayor Attest: Pam Kolacy, City Clerk 0 Approved as to Form: 05127/97 CA§Res\Superior.res} Res. No. 97- ~ ~- AMEND~NT TO CONTRACT FOR SOLID WASTE HANDLING AND DISPOSAL BETWEEN SUPERIOR REFUSE REMOVAL, INC. AND THE CITY OF PORT TOWNSEND (1997) A. RECITALS 1. On November 27, 1990, the City of Port Townsend ("City"), a Washington municipal corporation, and Superior Refuse Removal, Inc., a Washington corporation ("Contractor"), entered into a garbage and refuse removal contra, ct dated November 27, 1990. Pursuant to paragraph 23 of the Contract, entitled Modification, the parties hereby amend the Contract effective immediately; and 2. In accordance with an Amendment to the Contract approved by the Port Townsend City Council on June 19, 1995 (Resolution 95-79), the Contract was amended to add two years to the term (paragraph 17), such that the Contract termination would occur December 31, 1997, subject to the notice and other provisions in the 1995 Amendment; and 3. The City and the Contractor are currently engaged in negotiating a new contract. While negotiations are proceeding in a satisfactory manner, the Contract requires an 180-day Notice of the City's intention to terminate; and 4. In the event the City decides to terminate the Contract, the City will need to commence a "Request for Proposal" (P,.FP) process, including the potential for contract negotiation with another contractor. In the event the City commences the RFP process, the success of pending negotiations would be jeopardized to the detriment of both the City and the Contractor. The RFP process cannot be reasonably concluded within the 180-day period; and 5. Through this Amendment, the Contractor waives the 180-day Notice period as set forth in paragraph 17 of the Contract and agrees to provide garbage collection removal and recycling services for a reasonable time after the scheduled termination date to allow successful completion of negotiations without necessitating an RFP process, NOW, THEREFORE, the Contract is amended as follows: 1997 CONTRACT AMENDMENT 1. Paragraph 17 is amended as follows: 17. Term. The term of this Contract shall be for a period of seven (7) years from January 1, 1991; provided, however.. Su~rior agrees to continue to provide all services in accordance with the Contract after the expiration thereof, but in no event beyond July 1, 1998. This extension will enable the parties to continue negotiating a new contract. The City. shall provide Contractor with not less than 60 days' advance Notice of Termination prior to July 1, 1998. 2. The parties agree that this Contract Amendment shall not be construed as an assurance that the Contractor shall continue providing refuse removal services beyond the term set forth herein. 3. Except as expressly provided herein, all terms of the Contract, as mended, shall continue in force and effect. 4. Each party signing this 1997 Amendment warrants that this Amendment and the execution hereof by such party has been duly authbrized by Resolution of the City of Port Townsend City Council and the principal(s) of the Contractor and/or its board of directors. IN WITNESS WHEREOF, the parties hereto have executed, or mused to be executed, by their authorized officials, this 1997 Amendment in duplicate, each of which shall be deemed an original on the date first above written. CITY OF PORT TOWNSEND, a Washington municipal corporation SUPERIOR REFUSE REMOVAL, INC., a Washington corporation By: ~~- ./~ r~~_ By: J.~e McCulloch, Mayor Dated: Attest: Lee Meling, President 1997 Dated: ,1997 Pam Kolacy, City Clerk ~' Approved as to form: ~7-&z