04-199 . ;•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 .
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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,
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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
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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
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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
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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 :
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"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
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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
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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,
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