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HomeMy WebLinkAbout02-317 Resolution No. 02-317 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 13 TO THE SOLID WASTE COLLECTION SERVICES CONTRACT WITH WASTE MANAGEMENT OF ILLINOIS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 13 to the Solid Waste Collection Services Contract on behalf of the City of Elgin with Waste Management of Illinois, Inc . for collection and disposal of garbage and refuse and curbside recycling collection program, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 11, 2002 Adopted: September 11, 2002 Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SOLID WASTE COLLECTION SERVICES CONTRACT AMENDMENT NO. 13 CITY OF ELGIN COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE CURBSIDE RECYCLING COLLECTION PROGRAM THIS CONTRACT AMENDMENT (hereafter the "Thirteenth Amendment" ) agreement is made and entered into this /, / day of 'GPYGIhLWWQ 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereafter "City" ) and Waste Management of Illinois, Inc . , a Delaware corporation (hereafter "WM" ) . WHEREAS, the City and WM previously entered into a Solid Waste collection Services Contract dated the 14th day of February, 1990, entitled "City of Elgin Collection and disposal of Garbage and Refuse and Curbside Recycling Collection Program" (hereafter "the Contract" ) ; and WHEREAS, the terms of the Contract currently extend until September 30 , 2002 ; and WHEREAS, the City issued a Request for Proposal (hereinafter "RFP" ) on March 20, 2002 for the provision of refuse, recyclables and yard waste collection services and WM was the lowest responsible bidder therefor; and WHEREAS, the City and WM are currently in the process of drafting and reviewing a new proposed eight year contract based upon the City' s RFP; and WHEREAS, the City and WM have determined that it is in the best interests of the respective parties to extend the Contract until October 31, 2002 to enable the City and WM to complete the drafting and review of such new proposed contract . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency and receipt of which are hereby acknowledged, the City and WM agree that : 1 . The Contract shall remain in full force and effect except to the extent that provisions of the Twelfth Amendment conflict with the terms of the Contract, in which case the provisions of the Twelfth Amendment shall control . 2 . The term of the Contract for the Collection and disposal of Garbage and Refuse and Curbside Recycling Collection Program shall remain in full force and effect through October 31, 2002 . 3 . WM shall also provide as part of the Contract services at no additional cost to the City "in kind" services as described in Attachment A which is attached hereto and made a part hereof . In the event the City and WM do not enter into the new proposed eight year contract referred to in the foregoing recitals in this Thirteenth Amendment, the City shall reimburse WM for the reasonable cost of such in-kind services . THEREFORE, the City and WM mutually agree to modify the contract as outlined herein. IN WITNESS WHEREOF, the parties to this Contract have caused this Thirteenth Amendment to be executed as of the day and year set forth above . OWNER CONTRACTOR CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS , INC. (1111 14111111 By 1 By • �����`�'/�� Oil-Sr Ma -der • Attest : Attest : City Clerk ATTACHMENT A IN-KIND SERVICES WM shall provide in-kind services with a total value not to exceed $1, 250 consisting of portable toilets, hand washing units, roll-off dumpsters, and 32-gallon trash and recycling containers, for City of Elgin sponsored special events during the term of this contract . Examples of these events include : the 4th of July Parade, the Four Bridges Bike Race (July) and the Fine Arts Fest (August) . In return, WM will be listed as a Silver Sponsor for the designated events . In addition, WM shall provide service for up to one hundred (100) 20 yard dumpsters for the final construction phase of the City' s new family recreation center, The Centre, from July 1, 2002 through October 31, 2002 . The WM shall also provide service for up to ten (10) portable toilet units per month during this same period. H:\My Files\MyFiles\Modified Volume-Based Program\Amendment 13.wpd 8/16/02