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HomeMy WebLinkAbout19-157 Resolution No. 19-157 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC. FOR PROVISION OF REFUSE, RECYCLABLES AND YARDWASTE COLLECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Second Amendment Agreement on behalf of the City of Elgin with Waste Management of Illinois, Inc. for provision of refuse, recyclables and yardwaste collection services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2019 Adopted: November 6, 2019 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk SECOND AMENDMENT TO REFUSE, RECYCLABLES AND YARDWASTE COLLECTION SERVICES AGREEMENT This Second Amendment to the Refuse, Recyclables and Yardwaste Collection Services Agreement ("Second Amendment") is made and entered as of this 6th day of November , 2019 by and between the City of Elgin ("City"), and Waste Management of Illinois, Inc. ("Contractor"). Recitals 1. The City and Contractor executed a Refuse, Recyclables and Yardwaste Collection Services Agreement on December 17, 2014 (the "Agreement"). 2. The City and Contractor executed a First Amendment to the Agreement dated October 10, 2018, which provided for the correction of a scrivener's error in Article 2, Section 5 of the agreement (the "First Amendment"). 3. The City and Contractor now desire to extend and further amend the Agreement pursuant to the terms of this Second Amendment Amendments The City and Contractor hereby agree to further amend the Agreement as follows: 1. Term. The term of the Agreement is hereby extended for the period of January 1, 2020 through and including December 31, 2024. 2. Organics Definition. Effective January 1, 2020, Article 2, Section 2(d) shall be deleted and the following substituted therefor: "Organics" shall mean all yard waste as defined in 2(c) (see above), food waste defined as fruits, vegetables (includes unpainted holiday pumpkins), leftovers/kitchen scraps (includes coffee grounds, tea bags & filters), breads, grains, pasta, cereal, dairy and eggs (including shells, no liquids). It DOES NOT include meat, bones, Styrofoam, plastic, glass, diapers, metal, liquids, grease, pet waste, paper products (includes towels, plates, napkins, egg cartons and pizza boxes) or oil. 3. Disposal Unit Definition. Effective January 1, 2020, Article 2, Section 2(i)(3) shall be deleted and the following substituted therefor: For the purposes of organics collection, a "disposal unit" shall mean one (1) wheeled 35, 64 or 96 gallon Contractor container. 4. Payment for Services. Effective January 1, 2020, Article 2, Section 4 Payment for Services shall be amended in its entirety and the following substituted therefor: The City shall pay to the Contractor for the services provided here, the amounts provided per the schedule attached hereto and made a part hereof as Attachment A-1. 2 Within thirty (30) days of receipt of the Contractor's monthly invoice. the City shall pay the Contractor for all services provided pursuant to this Agreement. The Contractor shall receive payment for services. where noted, on a per household basis. The City will provide the number of households serviced/billed under this Agreement quarterly (every three months) per year, beginning in January. Except where noted, all pricing contained herein shall be for the first year of the Agreement. All pricing contained herein shall increase by 3.25% effective January 1. of each year, beginning January 1, 2021. 5. Citizen Complaint Resolution. The last sentence of Article 2, Section 39, shall be deleted and be replaced with the following sentence: The Contractor shall have at minimum two employees available to assist the City's 311 Center to facilitate communication about daily activities responding to the City's email inquiries within not more than two business hours. 6. Plastic Bags No Longer Acceptable in Recycling. Article 3, Section 3, Recycling, the language "or in clear recycling bags" shall be deleted. 7. Electronics No Longer Acceptable in Refuse. Effective January 1, 2020, in Article 3, Section 9, Pre-Paid Disposal Sticker Specifications, the language "a separate disposal sticker is used for electronic items (such as TV's. computers, etc.)" shall be deleted. 8. New Services. Effective January 1, 2020, Article 3, Sections 14(b) Household Hazardous Waste Program and Section 14(c) Organics Collection Program shall be amended in their entirety and the following substituted therefor: (b) At Your Door Special Collections' i. Commencing on January 1. 2020, Contractor shall provide each household unit the ability to participate in the At Your Door Special Collections" Program. The types of materials and other particulars of the At Your Door program are described in Attachment C, which is attached hereto and incorporated herein by reference. ii. The City agrees to pay Contractor for the At Your Door Special Collections' services as listed on Attachment A-1 of this Second Amendment. (c) Subscription Organics Services. Commencing on January 1, 2020, subscription organics service will be offered to all household units who want to participate. The seasonal subscription rates are listed on Attachment A-1 of this Second Amendment. The service includes a Waste Management cart. A yard waste sticker is required for each container in addition to the cart. Organic service will include only food waste; no meat or bones. Organic material will be collected with yard waste in Contractor containers. The containers and rates apply to organics service only. This is not intended to be a substitute for the per bag yard waste services program or to be used for yard waste exclusively. Collection is from April 1 through the first full week of December (the yard waste season). Household units will be invoiced by Waste Management once annually at the beginning of the yard waste season. 3 Repeated contamination of organic material may result in cancellation of the services on an individual basis. Contractor reserves the right to discontinue the subscription organics service on an individual basis if there is excessive contamination. 9. Low Income Senior Rate. Commencing January 1, 2020, senior residents that have qualified for a property tax freeze will have the opportunity to receive a 35-gallon cart at a lower monthly rate. Senior Residents must register with the City to receive the Low Income Senior Rate, which is listed on Attachment C. The City is responsible for providing this information to Contractor for billing purposes. 10. Refuse Dropoff Events. Commencing January 1. 2020, Article II. Section 21 (Refuse Drop Off Events) shall be deleted and be replaced with the following Section 21: 21. The Contractor shall host, at no additional cost to the City, two refuse drop off events within one mile of the city limits each calendar year. This event shall be for refuse included in the curbside program as well as bulk items and document destruction only (no electronics). After the 2020 events, the City and Contractor will review the need for, or reduction of, drop off events in future years. The event will be for Elgin residents only and Contractor may charge $20 per participating vehicle. 11. Force Majeure. Contractor's performance of the Services may be suspended and its obligations hereunder execused during the pendency of a cause or causes beyond its reasonable control, such as by way of example and not limitation: acts of war, public enemy, civil disturbance, riot or disorder, epidemic or pandemic; acts of God such as landslide, lightning, earthquake, fire. storm, the impending approach of a storm or flood; explosion: restraining order, interference by civil or military authorities, strikes, statute. ordinance, governmental order or ruling; or other similar causes. In the event of an occurrence of a force majeure event, Contractor shall notify the City immediately, in writing, describing the particulars of the circumstances preventing performance of the Service and its expected duration. Notice shall be provided after the effect of such occurrence has ceased. 12. No Other Changes. Except as specifically modified herein, all other terms of the Agreement will continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be duly executed as of the day and year first above written. CITY • •=I► ASTE MANAGEMENT OF ILLINOIS, INC. By: t _ By: Name: Richard G. Kozal Name: 4-- aro. ZQo.k4e0-- Title: City Manager Title: 1,/.'C e - Pe z-.04 At st: Date: /0 — L -1`j 4 City Clerk Date: November 6, 2019 F:\Legal Dept\Agreement\Second Amend Agr Waste Management of Illinois Inc-Clean 10-16-19.docx 5 Attachment A-1 Service 2020 Rate Base Program Single Family 64G Cart $16.76 per month Single Family 35G Cart and also eligible for 1 $16.76 per month additional disposal unit per week with no sticker required Multi Family $12.17 per month Low Income Senior Rate 35G Cart additional disposal $15.08 per month units require stickers Pre-Paid Stickers Refuse/Yard Waste/Bulk Items/Tires $3.05 Appliance/White Goods $33.76 Carts (Refuse) Upsize to 96G Cart $10.85 per month Additional 96G Cart $32.53 per month Additional 64G Cart $21.68 per month Portable Toilets and Hand Washing Units Standard POL $95.68 Handicap POL $118.17 Hand Washing Unit $118.17 Roll Off Dumpster Service 20 Yard $377.00 30 Yard $422.00 40 Yard $507.00 Street Sweepin Rate per Ton I $95.68 Fall Leaf Collection Services(Roll Off with truck Driver) Rate per Hour $1 10.30 Property Maintenance Cleanup Services Rate per Cubic Yard $28.14 At Your Door Special CollectionsM Rate per Household Unit per Month $1.35 Subscription Organic Collection 96G Cart $141.00 per season 64G Cart $131.00 per season 35G Cart $121.00 per season 6 ATTACHMENT C At Your Door Special Collections"' 1. Definitions (a) "Eligible Materials" shall mean most ordinary household, automotive and gardening chemicals, electronics and other items identified by Contractor as being eligible for collection but shall exclude Ineligible Materials. Eligible Materials may vary depending on federal, state and local regulations and shall be subject to specific instruction sheet sent to the Household Unit. Below is a non-exhaustive list of Eligible Materials, but Contrator, in its sole discretion, reserves the right to modify the list below and/or definition of Eligible Materials. Household Items Paint Products Batteries and Electronics Automotive Material Fluorescent Lamps • Ammonia • (5-gallon maximum • Household,Nicad, (Includes related cords) • Motor oil • Floor stripper size container) NiMH and Lithium Ion • Televisions(1 max.per p/u) • Antifreeze • Drain cleaner • Oil based paint batteries • Computer monitors • Waxes/Polishes • Floor cleaner • Latex paint • Straight fluorescent • CPU/computer tower • Cleaners •• • Tile/shower cleaner • Stripper and thinner tubes/Compact • Laptop and tablet computers • Brake fluids • • Carpet/upholstery • Caulking fluorescent bulbs(5 • Keyboard,Mouse • Used oil filters cleaner • Wood preservative i max per p/u) • Fax machine • Transmission fluid • Rust remover and stains ( • Compact fluorescent • Desktop printer/scanner • Windshield washer • Toilet bowl cleaner • Sealers lamps(CFL)and high CDROM/DVD/CD/ fluid • Hobby glue • Spray paint intensity lamps • tape player • Hydraulic fluid • Artist paint ; • VCR • Vehicle batteries(4 • Cell phone max per p/u) • MP3 player,iPod • Microwave Swimming Pool Mercury Containing Flammable and Garden Chemicals Sharps Chemicals Items Combustible Materials • Pool acid • Thermostats (.14ust be placed in • Insect sprays/Insecticides j (Sharp items must be • Chlorine tablets and • Thermometers containers designed and • Weed killers I placed into a sealed, liquid • Switches sold for the containment • Fertilizer rigid puncture-resistant • Stabilizers and transportation of such • Herbicides ( container) material) • Pesticides j • Syringes • Gasoline and Diesel fuel ' • Needles • Kerosene • Lancets • • • Solvents (b) "Ineligible Materials" shall mean any and all of the following: (i) material not included in the list of Eligible Materials, including but not limited to, biological waste, ammunition and explosives, asbestos, appliances (washing machines, refrigerators vacuums or tools), construction related debris, containers over 5 gallons, fire extinguishers, food waste, pressurized cylinders, medicines/pharmaceuticals, radioactive materials, tires, trash, liquid mercury, white goods, smoke and carbon monoxide detectors, cooking oil, bulky items and Incandescent light bulbs and LED lights; (ii) commercial materials and/or materials generated from the operation of a business, even if the business is run out a residential home; (iii) any materials, including Eligible Materials, that are improperly packed, leaking, unlabeled, unknown or unidentifiable material, oversized or in unusually large quantities or exceed the pre-arranged quantities; (iv) any material that is prohibited from being received, managed or disposed of at a transfer, storage or disposal facility used hereunder by federal, state or local law, regulation, ordinance, permit or other legal requirement; (v) materials not prepared in accordance with the specific instruction sheet 7 sent to the Household Unit; (vi) any other material that poses a risk to Contractor's equipment or employees; (vii) any materials containing information protected by federal, state or local privacy and security laws or regulations; and, (viii) any other items Contractor. in its sole discretion, deems excluded from the scope of this program. (c) "Household Unit" shall mean a residential dwelling where Eligible Materials may be collected that is subject to services described herein. Household Units shall include single-family detached, multi-family dwellings of five (5) units or less & certain duplex units receiving curbside service. 2. Scope and Scheduling of Services. (a) Contractor shall provide Household Unit with collection, management, transportation, disposal, and treatment of Eligible Materials generated by Household Units with the City during the term of this Agreement. This is a demand-based service, so the frequency of collections will vary. The parties agree that the At Your Door program is designed for the routine and ordinary collection of home generated special materials. (b) For Household Units to utilize this service, they must first contact Contractor to schedule a home collection. Residents can request a home collection of their Eligible Items two different ways: i. Website. Residents may go to www.wmatyourdoor.com, which is accessible 24/7: or. ii. Phone. Residents may call the At Your Door Operations Service Center at the Contractor provided phone number during Contractor's hours of operation Monday through Friday. (c) The Household Unit must provide an estimate of the types and quantity of Eligible Materials to be collected. Contractor then provides the Household Unit with a specific date for their home collection. (d) Depending on the Eligible Materials to be collected, Contractor may send the Household Unit a collection kit after scheduling collection. The collection kit consists of a plastic containment bag, plastic cable tie, and an instruction sheet. Household Units that only have electronics, vehicle batteries and unbroken fluorescent lamps do not need, and will not be sent. a collection kit because such items can be collected without being placed in the containment bag; however, the resident must follow the instructions communicated to them on the phone and available at www.wmatyourdoor.com. Each Household Unit is solely responsible for removing any and all data and personal information from any Eligible Materials prior to collection. (e) The Household Unit must adhere to the instructions in the collection kit and place their Eligible Materials at the front door or in the front of their garage where materials are visible and accessible by 7:00 a.m. on the scheduled collection day. Contractor will not enter the premises, which include homes, garages, basements, or sheds to gather or remove any materials. Additional instructions may apply based on applicable regulations. (f) On the scheduled collection date. Contractor will collect Eligible Materials that are properly prepared and placed out in a timely manner. In the event that the Eligible Materials are not properly or timely set out for collection, or the materials exceed the pre- arranged quantities to be collected or if the materials are, or contain, Ineligible Materials. 8 Contractor may reject the materials. In the event Contractor rejects the materials, Contractor will provide the Household Unit with written notification providing information as to the reasons for rejection. (g) Contractor may also conduct a survey of the program via an online survey and/or a survey card sent to Household Units. (h) Contractor and the City each have the right to discontinue the At Your Door Special Collection program by providing the other Party with at least sixty (60) days' notice in the event in a change in Federal, State or local law or regulation to collect, store, handle or process the materials listed in Section 1(a). In the event of notice to discountinue services, both parties agree to negotiate in good faith an amendment to this Agreement. The Parties agree that this right to discontinue applies solely to At Your Door Special Collection program; not to any other services described in the Agreement. In the event of the discontinuance, expiration or termination of these services, Contractor shall not be obligated to provide more At Your Door Special Collection program service collections to the City for the last 60 days than the monthly average of service collections for the prior 6 months of service (i.e. if the Contractor typically provides an average of 40 collections per month for the prior 6 months, then the Contractor will provide no more than 40 collections per month for the final two months of service.) 3. Allocation of Risk. (a) Notwithstanding any provisions to the contrary, Contractor is not responsible for any Elgibile Materials placed out for collection until the items are physically collected by Contractor and title to and liability for Ineligible Materials shall remain with the Household Unit at all times until the items are physically collected by Contractor. (b) Contractor is not responsible for any spills or property damage caused by any materials set out for collection by Household Units except to the extent the spill or property damage is the result of Contractor's negligence. 4. Municipality's Obligations. (a) The City is responsible for notifying its residents of the program. (b) At least 30 days prior to the Commencement Date, the City must provide Contractor, in an Excel spreadsheet, a complete list of addresses of Household Units within the City along with the full street address, city, state and zip code along with apartment or unit number. if applicable, of each Household Unit. (c) If additional Household Units are added within the City's boundaries, the City will provide Contractor with the above information for each such Household Unit(s) within 60 days of the addition of the Household Unit(s). 5. Contractor's Obligations. (a) Contractor will manage Eligible Materials collected from Household Units in a safe and workmanlike manner in full compliance with all valid and applicable federal, state and local laws, ordinances, orders, rules and regulations. 9 (b) Contractor will use disposal facilities that have been issued permits, licenses, certificates or approvals required by valid and applicable laws, ordinances and regulations necessary to allow the facility to accept. treat and /or dispose of Eligible Materials. (c) Except as provided herein, Contractor makes no other warranties and hereby disclaims any other warranty, whether implied or statutory. 6. Miscellaneous. (a) The services set forth in this Exhibit are subject to all applicable terms and conditions set forth in the Agreement. The Parties agree that the incorporation of this Exhibit and the services described in this Exhibit do not alter the scope of the regular curbside collection services set forth in the Agreement or otherwise alter the various waste definitions in the Agreement.