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Home My WebLink AboutContract CAG-17-031 SOLID WASTE COLLECTION TRANSIT�ON AGREEMENT (City of Renton Annexations) This SOLID WASTE COLLECTION TRANSITION AGREEMENT("Agreement") is made and entered into between WASTE MANAGEMENT OF WASHINGTON, INC. ("WMW"), RABANCO LTD., dba REPUBLIC SERVICES OF KENT("Republic"), and the CITY OF RENTON, WASHINGTON ("City"). The parties shall be collectively referred to herein as the "Parties"and individually as a"Party",unless specifically identified otherwise. This Agreement shall be effective upon the date that all Parties have executed this Agreement (the"Effective Date"), as evidenced by the signatures below RECITALS WHEREAS on or about December 30, 2008, WMW and the City entered into the Comprehensive Garbage, Recyclables, and Compostables Collection Contract("WMW Contract") for the collection of solid waste,recyclables, compostable materials within the City Service Area, as defined therein,which encompassed the corporate limits of the Ciry as of January 1, 2009; WHEREAS the initial term of the WMW Contract expired on May 31, 2016,which the City elected to extend through January 31, 2017; WHEREAS Republic and the City have entered into the Comprehensive Garbage, Recyclables, and Compostables Collection Contract("Republic Contract")for the collection of solid waste,recyclables, and organics within the City Service Area, as defined therein,and which will commence on February 1, 2017; WHEREAS Section 2.1.2 of the WMW Contract sets forth the terms and conditions that shall apply to WMW's collection services if the City annexes areas outside of the City Service Area for which WMW provides solid waste collection services pursuant to its certificate of public convenience and necessity(Certificate No. G-237)issued by the Washington Utilities & Transportation Commission; WHEREAS since the execution of the WMW Contract and prior to the commencement of the Republic Contract,the City annexed certain areas into the City,which are listed and depicted on Exhibit A attached hereto (such areas are referred to herein as the"Annexed Areas"); i WHEREAS WMW wishes to waive and relinquish its rights under the WMW Contract ', to continue servicing the customers within the Annexed Areas; I WHEREAS the City wishes to transition solid waste collection services for the Annexed Areas from WMW to Republic; � WHEREAS subject to the terms and conditions set forth herein, the Parties wish to enter into this Agreement whereby, on the Transition Date, WMW shall terminate and waive its rights under Section 2.1.2 of the WMW Contract with respect to the Annexed Areas and Republic will assume responsibility for solid waste collections services for the Annexed Areas on the same terms, conditions, and rates as in the Republic Contract; Page 1 of 4 TERMS AND CONDITIOI�S �'� NOW, THEREFORE, in consideration of the mutual covenants and promises contained I herein,the Parties mutually agree,represent, and warrant as follows: i 1. Termination of WMW's Collection Services to the Annexed Areas. Effective on �i February 1, 2017 (the "Transition Date"), WMW and the City hereby agree to waive and �' terminate all of WMW's rights and obligations in Section 2.1.2 of the WMW Contract to provide collection services to the Annexed Areas. After the Transition Date, WMW shall have no further obligation to provide solid waste collection services to the Anrexed Areas. 2. Commencement of Republic's Collection Services to the Annexed Areas. Commencing on the Transition Date, Republic shall provide collection services to the Annexed Areas pursuant to the same terms, conditions,arid rates as are applicable under the Republic Contract. Republic and the City hereby amend the Republic Contract to include the Annexed Areas within the term"City Service Area," effective on the Transition Date. 3. Compensation for WMW's Waiver of Collection Rights. In exchange for WMW's waiver under Section 1 above, Republic agrees to pay to WMW within TWENTY(20) days after the Effective Date the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). Such payment shall be made by wire transfer or check to payable to"Waste Management of Washington,Inc." and delivered to WMW at the following address: Waste Management of Washington,Inc. c/o Joe Krukowski 720 Fourth Avenue, Suite 400 Kirkland, WA 98033 4. Customers. WMW has used its reasonable efforts to compile a list of all customer addresses currently being serviced by WMW in the Annexed Areas as of the date hereof. WMW has used its reasonable efforts to provide the City and Republic with accurate information regarding the services such customers are receiving and agrees to update that information if there is any change to(or request by a customer to change) such services prior to the Transition Date. Republic shall be permitted to place appropriate containers at such customers' premises on or before the Transition Date. 5. Governing Law. This Agreement, and all amendments or supplements thereto, shall be governed by and construed in accordance with the laws of the State of Washington. 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. * * * ,,, Page 2 of 4 IN WITNESS WHEREOF,the Parties enter into this Agreement. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behalf it is indicated that the person is signing. CITY OF RENTON .�`��,l,�f 1�►',,,� % F �''�� _+,,�,G��,,�,,,,,,,�� , tir ., . "�� p �, By: .-' �''�%��st: Z a 3 � Name: Denis Law, Mayor _ ,� : SE �' � J so eth, 'ty C erk Date: - - A L" - "t= � _; �, _ _ � �+ � ` ^ .i �i o,,��'',/ `````,;�o `- ��i �p �ninu��a�� WASTE MANAGEMENT OF ��''a�R'��0 LTD.,dba REPUBLIC �, WASHINGTON, INC. ��VICES OF KENT By: BY� ' � Name: Ja ose resident Name: ,�\\ Date: � - Date: � ,� �� Page 3 of 4 Exhibit A—List and Map of Annexed Areas Effective Date of Annexation Name 4rdinance# Annexation Trace Matthews 5722 9/24/2014 lpine Nursery 5719 8/17/2014 � Maertins 5713 4/3Q/2014 � indstone V 5665 7/4/2012 � airlane Woods 5655 4/1/2012 aile 5632 11/20/2011 I ess 5631 11/13/2411 endall 5552 11/7/2010 Sierra Heights Elementary 5543 8/1/2010 aplewood Heights Elementary 5545 8/1/2010 [Map on following page] �� Renton WA Annexations EXHIBITA WASTf MqN0.4lfMENT � F . N p`� t IV P tit't�z1St�E' � � , �� . � � � � t.s5,.��:. , £':2t`�r�,:, ,P iro��6 � � �ro� �:�� r�� .�.. . � x .;. �ro I � . . ,'�%' 8"a,:a s" xSJ:in � �r. 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