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HomeMy WebLinkAbout04-199 . ;•K Resolution No. 04-199 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AMENDED AGREEMENT FOR PROVISION OF REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES WITH WASTE MANAGEMENT OF ILLINOIS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an Amendment to Amended Agreement for Provision of Refuse, Recyclables and Yard Waste Collection Services on behalf of the City of Elgin with Waste Management of Illinois,Inc.,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 14, 2004 Adopted: July 14, 2004 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk DRAFT 7/1/04 AMENDMENT TO AMENDED AGREEMENT FOR PROVISION OF REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES THIS AMENDMENT AGREEMENT, made and entered into this 14th day of July, 2004 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and WASTE MANAGEMENT OF ILLINOIS, INC. , a Delaware corporation (hereinafter referred to as the "Contractor" ) . WHEREAS, City and Contractor previously entered into an Agreement for Provision of Refuse, Recyclables and Yard Waste Collection Services, dated as of September 12, 2002 , and thereafter entered into an Amended Agreement for Provision of Refuse, Recyclables and Yard Waste Collection Services dated as of March 31, 2004, (such agreement dated September 12 , 2002 , as amended by the Amended Agreement dated March 31, 2004 is hereinafter referred to as the "Subject Collection Agreement") ; and WHEREAS, the City and the Contractor are concurrently with the entry into this Amendment Agreement entering into a Host City Agreement regarding a proposed solid waste transfer station south of Bluff City Boulevard (hereinafter referred to as the "Subject Host City Agreement") ; and WHEREAS, the City and the Contractor wish to further amend the Subject Collection Agreement as provided in this Amendment Agreement . C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-I- 1 04.doc NOW, THEREFORE, for and in consideration of the mutual premises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the Subject Collection Agreement is hereby further amended as follows : A. That Article 2 , Section 5 of the Subject Collection Agreement is hereby amended to read as follows : "5 . CONTRACT TERM The term of the Agreement shall be eight (8) years, and shall become effective on the 1st day of November 2002, and shall remain in full force and effect through the 31st day of October 2010 . The City shall have the option to extend the term of the Agreement for an additional two (2) years effective on the first day of November 2010 through the 31St day of October 2012 . In the event the City wishes to exercise such option to extend the term of the Agreement the City shall provide the Contractor written notice thereof on or before May 1, 2010 . " B. That Article 2 , Section 17 of the Subject Collection Agreement is hereby amended to read as follows : "17 . DISPOSAL All solid waste collected shall be removed from the City as soon as it has been collected; but, C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 2 04.doc in any event, not later than noon of the date following collection, and it shall not be disposed of in violation of any state, federal, city or county laws or regulations . Prior to the commencement of this contract, the Contractor shall notify the City in writing of the Disposal Sites that will be used to process or dispose of solid waste collected under this Agreement . The Contractor shall notify the City in writing of any changes in Disposal Sites used within thirty days of the proposed change . The City reserves and has the right and option to designate specific Disposal Sites, including but not limited to solid waste transfer stations, to be utilized by the Contractor for the processing or disposition of the solid waste collected by the Contractor pursuant to this Agreement . In the event the City designates a specific Disposal Site to be utilized by the Contractor such designation shall be in writing. In the event the City designates a specific Disposal Site to be utilized by the Contractor, the Contractor shall commence utilizing such Disposal Site for the processing and disposition of solid waste collected by the Contractor pursuant to this Agreement within thirty (30) days of such designation by the City. In the event the City C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 3 04.doc designates a specific Disposal Site such designated Disposal Site shall be located within the corporate limits of the City of Elgin. In the event the City designates a specific Disposal Site pursuant to this section and such disposal site is not owned, controlled or operated by the Contractor or an affiliated company of the Contractor, payments due from the City to the Contractor pursuant to this Agreement will be adjusted, up or down, based upon the actual change in disposal costs . It is agreed and understood that the provisions regarding adjustment of payments to the Contractor as provided in this section shall only apply in the event the City designates a specific disposal site pursuant to this section which is not owned, controlled or operated by the Contractor or an affiliated company of the Contractor. Changes in disposal costs will be calculated based upon the Contractor' s actual per ton costs for disposal at the disposal site being used by the Contractor for the processing or disposition of solid waste collected by the Contractor pursuant to this Agreement as compared to the per ton rate that the Contractor would be charged to process or dispose of solid waste collected by the Contractor pursuant to this Agreement at the Disposal Site designated by the City. The parties C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 4 04.doc shall determine on a quarterly basis any additional disposal costs incurred or disposal cost savings realized by the Contractor in utilizing a Disposal Site designated by the City with such costs or savings to be calculated as provided in this section. In the event it is determined based upon the calculation as provided in this Section that the Contractor has incurred additional disposal costs in utilizing a Disposal Site designated by the City, the next payment due from the City to the Contractor for the services provided by the Contractor pursuant to this Agreement will be increased in the amount of such additional disposal costs for the preceding quarter. In the event it is determined based upon the calculation provided in this Section that the Contractor has realized disposal cost savings in utilizing a Disposal Site designated by the City, the next payment due from the City to the Contractor for the services provided by the Contractor pursuant to this Agreement will be decreased in the amount of such disposal cost savings realized by the Contractor for the preceding quarter. The parties agree to provide the other party with reasonable documentation necessary for the parties to make the determination on any additional disposal costs or disposal cost savings to the Contractor C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 5 04.doc regarding the use of a Disposal Site specified by the City. In the event the City designates a specific Disposal Site to be utilized by the Contractor, and such Disposal Site is not owned, controlled or operated by the Contractor or an affiliated company of the Contractor, it is agreed that the provisions of Article 2, Section 9 entitled "CERCLA INDEMNIFICATION" shall not apply to the solid waste processed and disposed of by the Contractor at such a Disposal Site designated by the City. The City has the right and may at any time rescind any previous designation of specific Disposal Sites to be utilized by the Contractor. In the event the City rescinds the designation of a Disposal Site to be utilized by the Contractor such rescission shall be in writing. In the event the City rescinds the designation of a Disposal Site to be utilized by the Contractor, the provisions regarding adjustment of payments to the Contractor and the non-applicability of Article 2 , Section 9 entitled "CERCLA INDEMNIFICATION" as provided in this Section 17 shall no longer apply to such previously designated Disposal Site . " C. That Article 3 , Section 9 of the Subject Collection Agreement is hereby amended to read as follows : C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 6 04.doc "9 . BASE SERVICE RATES The City shall pay the Contractor for the listed services in Article 3 , Sections 1 through 8, and for all of the other services and provisions of this Agreement for which a separate price and payment is not specified, according to the following schedule: (a) Single-Family $10 . 82/month/household (b) Multi-Family $ 7 . 87/month/household (c) Roll-Off Truck and Driver $75 . 00/hour The Contractor shall provide the Spring Yard Waste Collection services described in Article 3 , Section 6 at no additional charge or cost to the City or residents it being agreed and understood that the cost and charge for such Spring Yard Waste Collection services has been incorporated into the base service rates to be paid to the Contractor pursuant to this Agreement . " D. That Article 3 , Section 11 (a) of the Subject Collection Agreement is hereby amended to read as follows : " (a) Refuse Carts The Contractor shall provide one (1) refuse cart for each dwelling unit in every eligible curbside household. The size of the refuse cart shall be 35, 64 or 96-gallon carts, as determined by the City. All C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 7 04.doc refuse carts distributed to residents as part of this contract shall become the City' s property including the remaining warranty. Any maintenance or replacement of refuse carts shall remain the Contractor' s responsibility at Contractor' s cost until the expiration of this Agreement . There shall be no additional charge or cost to the City or residents for such refuse carts it being agreed and understood that the costs and charge for such refuse carts has been incorporated into the base service rates to be paid to the Contractor pursuant to this Agreement . " 2 . That except as amended by this Amendment Agreement the Subject Collection Agreement between the City and the Contractor shall remain in full force and effect . In the event of any conflict between the terms of this Amendment Agreement and the terms of the Subject Collection Agreement the terms of this Amendment Agreement shall control . 3 . That this Amendment Agreement to the Subject Collection Agreement is contingent upon the City and the Contractor also concurrently entering into the Subject Host City Agreement for the proposed solid waste transfer station south of Bluff City Boulevard, Elgin, Illinois . 4 . That this Amendment Agreement is further contingent upon and shall become effective upon Contractor, or an entity owned, controlled, or operated by the Contractor, or an C:\Documents and Settings\abilthou.WM\L.ocal Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 8 04.doc affiliated company of the Contractor, or the successors and/or assigns of any such entity receiving final and non-appealable approval for siting of the proposed solid waste transfer station referred to and described in the Subject Host City Agreement being entered into between the parties hereto concurrently with the entering into of this Amendment Agreement to the Subject Collection Agreement . IN WITNESS WHEREOF the parties hereto have entered into and executed this Amendment Agreement on the date and year first written above . CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC. BY _ 6 By , `_11`�.�'101,A Mayor Its e v, R • V, Attest : Attest : Jeai4 City Clerk Its MA Nat444/1, F:\Legal Dept\Agreement\Garbage Contract Amended-Waste Mgmt-7-1-04.doc C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK65\Garbage Contract Amended-Waste Mgmt-7-1- 9 04.doc