HomeMy Public PortalAboutRES-CC-2004-18Resolution 18-2004
A RESOLUTION APPROVING THE SOLID WASTE COLLECTION CONTRACT
AMENDMENT NUMBER THREE
WHEREAS, the Governing Body of the City of Moab has determined that a short term
extension of the Solid Waste Collection Contract dated September 1, 1999 is desired pending
negotiation of a long term contract extension, and
WHEREAS, Solid Waste Collection Contract Amendment Number three is attached to this
resolution, and
WHEREAS, said amendment extends the Solid Waste Collection Contract up to and mcludmg
December 1, 2004,
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby approve the
aforementioned amendment m substantially the form presented to this meeting of the Moab City
Council, and authonze the appropnate officials to sign and execute said amendment
This resolution shall take effect immediately upon passage
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 24th day of August, 2004
CITY OF MOAB
By
Jcffvis
Mayor -tem
Attest
,,,_____Ad (.__,
Rachel Ellison
Litt Recorder
Solid Waste Contract Amendment Resolution Resolution Alt 2004
SOLID WASTE COLLECTION CONTRACT AMENDMENT
For good and valuable consideration, The City of Moab, a Utah Municipality ("City"),
and Bob's Sanitation, Inc ("Contractor"), mutually agree to a modification of the Solid Waste
Collection Contract ("Contract"), dated September 1, 1999, as follows
I. RECITALS.
a Pursuant to the Moab Municipal Code $ 8 04 070, the City and Contractor have entered
into a contract providing for solid waste collection within the municipal limits The
Contract provides that the Contractor has the exclusive nght and obligation to provide
solid waste collection services
b The Contract expires on September 1, 2004
c Section Five of the Contract states that the City and Contractor may enter into any
extensions of the Contract as they deem appropnate It is the intention of the parties that
this amendment to the Contract shall be enacted on a short-term basis so that the parties
can negotiate a possible extension to the agreement
II. AGREEMENT.
1 Section Five of the Contract shall be amended to provide for a Contract term for a period
up to and including December 1, 2004 The Contractor agrees to continue to collect solid
waste during that extension period as provided by the terms of the Contract The City
shall continue to collect and remit payment to the Contractor as provided by the Contract
2 All other terms of the Contract, including all currently in force solid waste collection
rates, shall continue during the extension penod
3 The City and Contractor are now, and have always been, the sole and only parties to the
Contract The Contract is entered mto for the purpose of providing a service for the use
and benefit of the City There are no known or intended third party beneficiaries to the
Contract or this amendment, and the parties specifically disavow any inference that third
parties shall have any substantive nghts to seek enforcement or review of the Contract or
this amendment
4 In the event of any conflict between the terms of this amendment and the remainder of the
Contract, this amendment shall control
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Solid Waste Collection Contract
Amendment
Page 2
APPROVED AND ACCEPTED ON THE DATE SET FORTH BELOW
Bob's Sanitation, Inc
BY ir1�,��
Robe E Hawks, President
City of Moab
_ r1
By ] �!
Jeffre
Attest-
g::al 10— 09-
Date
g_ 30-0(-I
r Pro-Tem Date
Rachel Ellison, City Recorder Date
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