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98-224 Resolution No. 98-224 RESOLUTION AUTHORIZING EXECUTION OF A SOLID WASTE COLLECTION SERVICES CONTRACT AMENDMENT #10 WITH WASTE MANAGEMENT WEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Solid Waste Collection Services Contract Amendment #10 on behalf of the City of Elgin with Waste Management West for the collection and disposal of garbage and refuse under the curbside recycling collection program, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: September 9 , 1998 Adopted: Sepetember 9 , 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Solid Waste Collection Services Contract Amendment #10 City of Elgin Collection and Disposal of Garbage and Refuse Curbside Recycling Collection Program This contract amendment (hereinafter referred to as "Tenth Amendment" ) agreement is made and entered into this 9.3 day of S, p(_, 1998 by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City" ) and Waste Management-West, a Division of Waste Management of Illi- nois, Inc . , a Delaware Corporation formerly known as Elgin Wayne Disposal (hereinafter referred to as "WMW" ) . WITNESSETH, THAT WHEREAS, the CITY and WMW have previously entered into a Solid Waste Collection Services Contract dated the 14th day of February, 1990 for Collection and Disposal of Garbage and Refuse and Curbside Recycling Collection Program, (hereinafter referred to as the "CONTRACT" ) . WHEREAS, the terms of said CONTRACT currently extend until March 31 , 2002; and WHEREAS, the present terms of the CONTRACT do not accurate- ly reflect changed economic conditions and current municipal refuse needs of the CITY; and WHEREAS, the CITY has determined that it is in the best interests of the City to amend the contract with WMW to provide municipal refuse collection on a more cost effective basis to the residents of Elgin; and WHEREAS, the amendment to the CONTRACT will also reflect the impact of the CITY' s recycling program on municipal refuse collection; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency and receipt of which are hereby acknowledged, the CITY and WMW agree that: 1) The CONTRACT shall remain in full force and effect except to the extent that provisions of the TENTH AMENDMENT conflict with the terms of the CONTRACT, in which case the provisions of this TENTH AMENDMENT shall control . 2 ) Price reductions established in Contract Amendment #9 for 1998 will be retroactive to 4-01-98 and shall also include Multi-family rates (at 75% of Garbage and Recycling prices) . ■• 3) Rate adjustments for 2000, 2001 , and the first 3 months of 2002 shall be based upon the Bureau of Labor Statistics Consumer Price Index for the Chicagoland area (CPI-U) . The CPI-U rate increase shall not exceed 3% in any given year. WMW will document and substantiate the factors that impact collec- tion operations . Typically, these are labor, fuel, equipment and tipping fees . If WMW costs are lower than the CPI-U, WMW will limit increases to those numbers they can substantiate. If WMW costs are greater than the CPI-U, WMW will limit increases to the published consumer index with the 3% cap still in place. 4 ) Dumpsters at all City Facilities will be serviced by WMW without cost to the City, retroactive to 4-01-98 . 5) The overall city-wide yard debris (yardwaste) collec- tion program, including daily curbside service during city-wide leaf collections (October & November) , shall be reviewed and negotiated by both parties prior to the fall of each contract year, excluding 1998 and 1999 . During leaf collection opera- tions, WMW agrees to continue to provide a tub grinder and maintenance to facilitate the processing of leaf bags at no cost to the City. The contract is hereby amended such that bagged leaves will be picked up at curbside in 1998 and 1999 by WMW at a cost of $20,586 . 88 ( $3 . 04/Stop x 6, 772 Stops ) from the following subdivisions : Century Oaks Country Trails Summerhill/ Century Oaks West Highland Glen Parkwood Farms Cobbler' s Crossing, N&S Morningside Valley Creek College Green Parkwood Woodbridge North College Park Randall Ridge Woodbridge South Country Brook Riverside Manor Woodland WMW will also provide a 30% reduction on the curbside charge in exchange for tipping all yardwaste at the City' s compost facility (20, 235 Stops-6 ,772 Stops = 13,463 Stops X 87(P = $11,712 . 81 x 30% = $3,512 . 84 ) . The total curbside charge is $17 , 073 . 04 ( $20, 586 . 88 - $3,513 . 84 ) in 1998 and 1999 . WMW will provide a 6 C.Y. dumpster at the compost site for the disposal of any grass hauled to the facility. WMW will provide roll-off trucks with a 30 C.Y. receiving container and a driver at the rate of $72 . 00 per hour in 1998 and 1999 . WMW agrees to provide trucks w/drivers at the rate of $72/hour up to a total of $20 , 000 free in 1998 and 1999 . 6 ) The term of this CONTRACT for the Collection and Disposal of Garbage and Refuse and Curbside Recycling Collection Program shall remain in full force and effect through the 31st day of March, 2002 . Therefore, the 'City and WMW mutually agree to modify the CON- TRACT as outlined herein. In witness whereof, the parties hereto have caused this AMEND- MENT to be executed as of the day and year hereinabove set forth. OWNER CONTRACTOR CITY OF ELGIN WASTE MANAGEMENT - WEST BY: 4%V a' / By: ity Manager Attest: // City Clerk ' MDM0017/TEXT071/ELGINWAY.N2 • City of Elgin Agenda Item No. r, M August 20, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Solid Waste Contract Amendment #10 With Waste Management-West (WMW) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Contract Amendment #10 with Waste Management-West (WMW) . BACKGROUND Attached is a copy of a letter dated July 17, 1998 from WMW which outlines additional savings to the recently approved contract extension. WMW added the following features : `o 1 . Free dumpster and trash container collection at all City Facilities for the term of the contract, prus retroactive to April 1, 1998 . 2 . Reduced Leaf Collection costs in 1998 and 1999 . 3 . CPI cap reduction from 5% to 396, thereby limiting cost increases in 2000, 2001, 2002 (3 months) to the lessor of 3%, the CPI-U, or WMW' s actual cost increases . The attached Contract Amendment #10 includes language for these additional savings, as well as the reduced cost figures for leaf collection services this fall . Savings were summa- rized in our memo dated August 11, 1998 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. tow Solid Waste Contract Amendment #10 August 20, 1998 Page 2 FINANCIAL IMPACT The 1998 Budget includes $3 , 369, 550 for refuse disposal in Account Number 010-3331-754 . 33-02 . Savings in this specific account will amount to $305, 185 and is derived from $214 , 130 for 1998 single-family refuse pickup, $14 , 355 for 1998 multi- family refuse pickup, $31, 800 for 1998 City Hall dumpster pickup, $22, 200 for all 1998 City dumpster pickup and half of $45, 400 ($22, 700) for the 1998 leaf program. LEGAL IMPACT None. ALTERNATIVES Do not accept the additional savings offered by WMW. RECOMMENDATION It is recommended that the City Council accept Contract Amendment #10 with WMW and authorize staff to execute the necessary document . Rte- .ectfully submit ed, s /2- J.!e ° . Parker City Manager GWM:pn Attachments rah' Waste Management-West A Waste Management Company 780 North Kirk Road Batavia, IL 60510-1475 Tel: 800/414-5325 x 630/879-9353 ( July 17, 1998 Mr. Gary Miller Public Works Department The City of Elgin 150 Dexter Court Elgin, Illinois 60120 Re: Solid Waste Collection Services Collection Agreement Extension Dear Gary: We would like to clarify certain matters of discussion with you regarding our most recent proposal. The Ninth Amendment to our contract was successfully approved by the Elgin City Council on July 8, 1998. Subsequent to that action, we had spoken with you regarding the details of our submission to guarantee the City of Elgin services and pricing exceeding current market conditions. Waste Management agrees to provide the following: 1.) The provision of dumpsters and services to all of the municipal facilities on the attached list. These services will be provided at no cost to the City of Elgin for the term of the agreement and retroactive to April 1, 1998. 2.) Dumpsters for yardwaste and the services indicated on the attached list will be provided at no cost to the City of Elgin for the term of the agreement and retroactive to April 1, 1998. 3.) Waste Management agrees to provide collection services for 58 of the City trash containers indicated on the attached list. This service will be provided at no cost to the City of Elgin for the term of the agreement. 4.) Fall leaf collection services will be provided. Waste Management agrees to include up to $20,000 of services per season at a base rate of$72 per hour for a driver and truck during 1998 and 1999. r A Division of Waste Management of Illinois, Inc. �i IQ's a a WMI Service Prm(ed on Pecyc'ed Paper A Waste Management Company 5.) Curbside leaf collection for the 6,722 homes in specified areas will be provided for at a rate of$3.04 per month during the leaf collection season,plus the 30% reduction. 6.) There will be an expansion of the list of recyclables to include plastic container resins#3, #4, #5 and#7. This does not include containers in which motor oils, pesticides or chemicals have been stored, styrofoam packing "peanuts" or plastic furniture and toys, etc. Additionally, residents will be able to place small household batteries in a clear plastic bag next to their recycling bin. The expanded list of recyclables service will be provided at no cost to the City of Elgin. 7.) A second recycling bin to promote waste minimization efforts will be delivered to each household at no cost to the City of Elgin. The rectangular 18 gallon bins will be delivered to Waste Management by 8/15/98 and distributed to the community by 9/1/98. 8.) A new brochure will be designed to incorporate holiday schedules, the expanded recycling program and an educational component. Elgin Staff will be involved in the process and have approval over the final design. Literature in Spanish will also be available. Additionally, our Customer Service Center has added bilingual capabilities. 9.) Incentive rebates for April, May, June and July 1998 will be paid in five monthly payments from August-December, 1998. Starting August 1, 1998, we will initiate the new single family and multi-family rates and free dumpsters, thereby eliminating rebates during that period. 10.) Cost increases in 2000, 2001 and three months of 2002 will be limited to the lessor of the Consumer Price Index-Urban Indices or Waste Management's actual costs and not exceed 3%per annum. 11.) Waste Management will present $25,000 to the City of Elgin for the purpose of supporting HHW collection in 1998 and each year thereafter during the term of the agreement. This money will be deducted each year from the October payment. inQ A Waste Management Company 12.) A comprehensive educational program for primary,junior high and high school students will be initiated in 1998. The program will stress waste minimization, recycling and environmental awareness. The City of Elgin will approve all materials and lesson plans and a customized version could be offered to Elgin employees. 13.) Immediately on 7/15/98, Waste Management has ordered a new fleet of state- of-the-art refuse side loaders to be delivered as soon as possible by the manufacturer and the distributor. Waste Management believes that these clarifications accurately depict our proposal in detail. We feel that the City of Elgin has been presented with the best possible contract terms for the community. A great deal of the credit for this outstanding agreement must go to the tireless efforts of the Elgin Staff. They have always conducted themselves in a professional manner and they are a pleasure to do business with. Sincerely, Vike 111,, r I Al Bilthouse Director of Operations