04-296 •
Resolution No. 04-296
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND 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 a Second 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: November 3, 2004
Adopted: November 3, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
•
DRAFT 10/29/04
SECOND AMENDMENT TO AMENDED AGREEMENT FOR PROVISION OF
REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES
THIS SECOND AMENDMENT AGREEMENT, made and entered into this
3rd day of November, 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 , and thereafter entered into an Amendment to
the Amended Agreement for Provision of Refuse, Recyclables and
Yard Waste Collection Services dated July 14, 2004 (such
agreement dated September 12 , 2002, as amended by the Amended
Agreement dated March 31, 2004, and as further amended by the
Amendment to Amended Agreement dated July 14, 2004, is
hereinafter referred to as the "Subject Collection Agreement") ;
and
WHEREAS, the City and the Contractor are concurrently with
the entry into this Second Amendment Agreement entering into a
First Amended Host City Agreement regarding a proposed solid
waste transfer station south of Bluff City Boulevard
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(hereinafter referred to as the "Subject First Amended Host City
Agreement" ) ; and
WHEREAS, the City and the Contractor wish to further amend
the Subject Collection Agreement as provided in this Second
Amendment Agreement .
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 by amending Article 2 , Section 5 thereof 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 . In
the event the City has exercised such option to extend
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the term of the Agreement through the 31st day of
October 2012, the City shall also have the additional
option to further extend the term of the Agreement for
a further additional two years effective on the 1st
day of November 2012 through the 318t day of
October 2014 . In the event the City wishes to
exercise such additional option to further extend the
term of the Agreement the City shall provide the
Contractor written notice thereof on or before May 1,
2012 . "
2 . That except as amended by this Second 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 Second. Amendment
Agreement and the terms of the Subject Collection Agreement the
terms of this Second Amendment Agreement shall control .
3 . That this Second Amendment Agreement to the Subject
Collection Agreement is contingent upon the City and the
Contractor also concurrently entering into the Subject First
Amended Host City Agreement for the proposed solid waste
transfer station south of Bluff City Boulevard, Elgin, Illinois .
4 . That this Second Amendment Agreement is further
contingent upon and shall become effective upon Contractor, or
an entity owned, controlled, or operated by the Contractor, or
an affiliated company of the Contractor, or the successors
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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 First
Amended Host City Agreement being entered into between the
parties hereto concurrently with the entering into of this
Second Amendment Agreement to the Subject Collection Agreement .
IN WITNESS WHEREOF the parties hereto have entered into and
executed this Second Amendment Agreement on the date and year
first written above .
CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC.
By 4 .4ist By
Mayor I t s caz j 0.�� �.
Attest : Attest :
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City C erk Its R
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