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HomeMy WebLinkAbout94-114 Resolution No. 94-114 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LINCOLNWOOD TERRACE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Lincolnwood Terrace for the reimbursement of garbage collection and refuse scavenger costs, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 11, 1994 Adopted: May 11, 1994 r Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk . 4 AGREEMENT This Agreement is made and entered into this //74 day of A(TA , , 199 , by and between the City of Elgin, Illinois a municipal_ corporation (hereinafter referred to as "City" ) , and //A(C2iAre.e.) 00 (hereinafter referred to as "Association") . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . City shall provide reimbursement to Association for its garbage collection and refuse scavenger costs (hereinafter referred to as "costs" ) within thirty (30) days of City' s receipt of reasonable documentation of Association' s costs; provided, however, that such reimbursement payments shall be made no more than once in any ninety-day (90) period. 2 . Association shall forward to the City' s Director of Public Works a copy of their existing private garbage and refuse collection agreement. Each agreement, or separate writing, shall provide the following minimum information: a. Name and address of the collection firm; b. Services provided. For recycling services a detailed list of items collected shall be provided; c. Frequency of collection for each service provided; d. Address of disposal locations for each service provided; e. Size and number ( if applicable) of collection containers; and f. Costs for each type of service provided. Any changes to the Association' s private agreement, or to the information provided under this paragraph, shall be transmitted to the City's Director of Public Works within thirty ( 30) days of the change. 3 . Each association shall forward copies of paid invoices for all garbage and refuse collection services for the 1993 calendar year. 4 . City' s Director of Public Works shall determine and establish the amount of each reimbursement payment based upon the following criteria: a. Garbage and refuse collection reimbursement for curbside pick-up shall be based upon once weekly collection frequency and the number of owner occupied units within the complex. The reimbursement amount shall be the lower of the association's existing agreement, or $5 . 81 per month per unit. b. Recycling reimbursement for curbside pick-up shall be based upon once weekly collection frequency and the number of units within the complex. All units within the complex must participate in the recycling program and provide for all classes of recycling items as provided for by the City's recycling program. The reimbursement amount shall be the lower of the association' s existing rate for recycling, or $1 . 84 per month per unit. c. In the event Association utilizes dumpsters, the reimbursement rate shall be the lower of the association' s existing agreement, or $4 .25 per cubic yard. d. No reimbursement shall be provided for garbage and refuse collection from Association's common areas, for yard wastes, commercial area, or any non-residential units in the complex. 5 . Association shall not appeal or otherwise contest in any manner the aforementioned Director' s determination of reimbursement amount, which shall be final. 6 . Association shall provide to City' s Director of Public Works, the following information at least once every ninety ( 90) days : a. Garbage and refuse: ( 1) Number of collection points; (2) Number of single family units; (3) Garbage and refuse collected by cubic yard. b. Recycling: ( 1) Number of recycling bin pick-ups per month; (2) Calculation of recycling participation rate; (3) Pounds of recycled materials collected per month itemized: -2- (a) newspaper ( includes cardboard, magazines, phone books, etc. ) (b) aluminum; (c) tin; (d) glass; (e) plastic. (4 ) Calculation of total pounds per unit on a monthly basis . 7 . The City may authorize maximum percentage increases effective on the following dates which increases shall not exceed the following percentages : a. Garbage and Refuse Collection ( 1) January 1, 1995 2 . 97% (2) January 1, 1996 2 . 75% (3) January 1, 1997 3 . 05% (4 ) January 1, 1998 2 . 95% b. Curbside Recycling ( 1) January 1, 1995 0 . 00% (2) January 1, 1996 2 . 05% (3) January 1, 1997 0 . 00% (4) January 1, 1998 2 . 00% 8 . No reimbursement shall be made by the City until this Reimbursement Agreement has been executed between the City (signed by the City Manager) and the authorized legal representative of the association, as contained in a resolution adopted by the governing board of the complex, a certified copy of which shall be provided to City within thirty (30) days of the date of this agreement. 9 . Association shall hold harmless and indemnify City, its agents and assigns, for and against any and all causes of action, claims for damages, suits or other liability arising out of or in connection with the performance of this agreement, specifically including, but not limited to, any damage to pavement. 10 . Association waives any and all rights it may have to require garbage or refuse collection by City during the term of this agreement. 11 . This agremeent shall be terminable at any time by City at City' s direction upon fifteen ( 15) days written notice to Assocation. 12 . This agreement shall terminate December 31, 1998 . -3- 13 . If any of the terms of this agreement are determined to be void or otherwise unenforceable, the remainder of the agreement shall remain in full force and effect. 14 . This agreement shall be construed under and governed by the laws of the State of Illinois . 15 . This agreement shall not be construed to create a partnership, joint venture, . agency or employment relationship between the parties hereto. CITY OF ELGIN By _ City Manager Attest: JC Ci Clerk C/'(.44-t a ///1/0964) ZSS Presrn en 71i41-C_ 644,AL • By (' ki t4L- Its �/ ' • • -4-