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11-156 Amendment to Spokane Regional Solid Waste Mgmt System �Dpi202D03- 0512) /1- 09 cZ: OFFICE OF THE CITY ATTORNEY SC1T Ul�ane " CARY P.DRISKELL—CITY ATTORNEY p c valley 11707 East Sprague Avenue Suite 103 • Spokane Valley WA 99206 509.688.0235 • Fax: 509.688.0299 • cityattorney@spokanevalley.org Mayor Mary Verner Board of County Commissioners City of Spokane 1116 West Broadway 808 West Spokane Falls, Blvd. Spokane, WA 99260 Spokane, WA 99201 Re: Proposed extension of 2003 interlocal agreement for solid waste Dear Board of County Commissioners and Mayor Verner: The City of Spokane Valley requests that the City of Spokane and Spokane County execute this letter extension whereby the Interlocal Agreement(Ch.39.34 RCW) Between the City of Spokane, Spokane County and the City of Spokane Valley Re: Spokane Regional Solid Waste Management System (hereinafter referred to as "the Agreement") between the parties is modified pursuant to Section 8 (Amendments) as follows: Section 9—DURATION AND TERMINATION. A This Agreement shall run until 11:59 p.m on November 16, 2014, unless a different date is agreed upon in writing by the Parties. The remainder of the Agreement shall remain unchanged by this amendment. This amendment shall become effective on the date of the last signatory hereto. Dated: 1/4-h/ Approved as to form: CITY OF SPOKANE 2AdALdZr / i 1 Office of the City Attorney Mary Verner, Mayor G1.,`( OF SAS ATTEST: 4%. 9� rtt f1 City Clerk / +�''" �`shING TO '` F. �s\� o COMN11 I j � 6k.`_E C06.:42;1 I� � Dated: � �— �� �LI i•1 ex, III % SEAL.•' 1" i L '_ ATTEST: Ih� cat �- Al French, C .it _ �``�.� • ,P'14, - of D Daniela Erickson, / - 0 9.244 To Mielke, Commissioner Clerk of the Board ' -- --..0/ A..ro -d as to form: ark 'ichard, CommissioneY J. 4-s P. Emacir C \ of Civil Deputy Prosecuting Attorney Dated: _,.J.• 1/ ' /.C...L Approved as to form: Mike Jac son, ' ity Manager ATTE _ • 0--1. )r ' 104c./0( Office the City rney 1 - s' =11 '�iristine Bainbri ge, City Cler, I NO. //— 9'0Z BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE EXECUTING A DOCUMENT ) EXTENDING THE CITY OF SPOKANE ) VALLEY'S 2003 INTERLOCAL ) AGREEMENT AMONG THE CITY OF ) RESOLUTION SPOKANE, SPOKANE COUNTY AND ) CITY OF SPOKANE VALLEY ) REGARDING THE CITY OF SPOKANE ) VALLEY'S USE OF THE SPOKANE ) REGIONAL SOLID WASTE ) MANAGEMENT SYSTEM ) WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County (the "Board") has the care of county property and the management of county funds and business; and WHEREAS, the City and County entered into an agreement entitled "Amended and Restated Interlocal Cooperation Agreement between the City of Spokane and Spokane County, Washington, Spokane Regional Solid Waste Management System", dated April 10, 1989 (the "Agreement"). The Agreement addresses the operation of the Spokane Regional Solid Waste Management System; and WHEREAS, the City of Spokane, City of Spokane Valley, and Spokane County executed an agreement in 2003 entitled "Interlocal Agreement (CH. 39.34 RCW) Between the City of Spokane, Spokane County and the City of Spokane Valley RE: Spokane Regional Solid Waste Management System" (the "City of Spokane Valley Agreement"). Under the terms of the City of Spokane Valley Agreement, the City of Spokane Valley committed to use the Spokane Regional Solid Waste Management System for the disposal of its solid waste for an initial time frame of 8 years or for such longer term as any Bonds or Additional Bonds remain outstanding as those terms are defined in the Agreement; and WHEREAS, the time frame as provided for in the immediately preceding recital for the City of Spokane Valley to dispose of its solid waste at the Spokane Regional Solid Waste Management System will expire in as much as the 8 year term has run and no Bonds or Additional Bonds remain outstanding. As such, the City of Spokane Valley desires to extend the City of Spokane Valley Agreement until 11:59 p.m. on November 16, 2014. This time frame is the date which the City of Spokane extended it service agreement with Wheelabrator Spokane, Inc. to operation and maintenance the City's Waste to Energy Facility. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of RCW 36.32.120(6), that either the Page 1 of 2 Chairperson of the Board or a majority of the Board be is hereby authorized to execute that letter captioned "Proposed extension of 2003 interlocal agreement" wherein the City of Spokane, Spokane Valley and Spokane County will agreement to extend the agreement executed among the parties in 2003 and entitled "Interlocal Agreement (CH. 39.34 RCW) Between the City of Spokane, Spokane County and the City of Spokane Valley RE: Spokane Regional Solid Waste Management System"until 11:59 p.m. on November 16,2014. PASSED AND ADOPTED this /o- day of ,2011. BOARD OF COUNTY COMMISSIONERS r `t OF SPOKANE COUNTY, WASHINGTON col ;lsn �r `, 4 n . / AL FRENCH, yb Coi3 ATTEST: TO MIELKE,Vice- air i/ Ato Daniela Erickson ///..-- 6 7'02 lit MARK RICHARD, Commissioner Clerk of the Board Page 2 of 2 s1�o`�` Agenda Sheet for City Council Meeting of: Date Rec'd 10/12/2011 ' 10/24/2011 Clerk's File # OPR 2003-0512 Renews # Submitting Dept SPOKANE REGIONAL SOLID WASTE Cross Ref # SYSTEM Contact Name/Phone RUSS MENKE 6524 Project # Contact E-Mail RMENKE @SPOKANECITY.ORG Bid # Agenda Item Type Contract Item Requisition # Agenda Item Name 4490 LETTER EXTENSION TO INTERLOCAL AGREEMENT WITH SPOKANE VALLEY Agenda Wording Extension of the interlocal agreement between the City, Spokane County, and the City of Spokane Valley for participation in the Regional Solid Waste Management System through November 16, 2014. Summary (Background) On June 30, 2003, the City and Spokane County entered into an interlocal agreement with the City of Spokane Valley to participate in the Regional Solid Waste Management System. That agreement will expire when the bonds that financed the System are paid off in December 2011. This extension will allow the expiration of the interlocal agreement to coincide with other related agreements, including the contract for operation and maintenance of the Waste to Energy facility. Fiscal Impact Budget Account Neutral $ # Select $ # Select $ # Select $ # Approvals Council Notifications Dept Head MENKE, RUSS Study Session Division Director MANDYKE, DAVE Other Finance LESESNE, MICHELE Distribution List Legal BURNS, BARBARA rmenke @spokanecity.org For the Mayor WEBSTER, DOROTHY choltan @spokanecity.org Additional Approvals ttauscher @spokanecity.org Purchasing cbainbridge @spokanevalley.org derickson @spokanecounty.org APPROVED BY SPOKANE CITY COUNCIL •n 711111MA 4.- POKANE CITY C I