18-113 Resolution No. 18-113
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH WASTE
MANAGEMENT OF ILLINOIS, INC. FOR PROVISION OF REFUSE, RECYCLABLES
AND YARD WASTE 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 First Amendment Agreement on behalf of the City of Elgin
with Waste Management of Illinois, Inc. for provision of refuse, recyclables and yard waste
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: October 10, 2018
Adopted: October 10, 2018
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
FIRST AMENDMENT AGREEMENT
This First Amendment Agreement (this "Agreement") is hereby made and entered into
this 10 day of October ' 2018, by and between the City of Elgin, Illinois, a municipal
corporation (hereinafter referred to as the "City") and Waste Management of Illinois, Inc., a
Delaware corporation (hereinafter referred to as"WMI").
WHEREAS, the parties hereto have previously entered into an agreement dated
December 17, 2014, regarding services for refuse, recycling, and yard waste collection services
for single family residential collection, multi-family residential collection, other multi-family
complexes and city-owned facilities in Elgin, Illinois (hereinafter referred to "Original
Agreement"); and
WHEREAS, the Original Agreement contains a Scrivener's error; and
WHEREAS, the parties hereto mutually desire to correct and clarify the aforementioned
Scrivener's error.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
provided for herein, the receipt and sufficiency of which are mutually acknowledged, the parties
hereby agree as follows:
1. The aforementioned recitals are incorporated into and made a part hereof as if
fully recited herein.
2. Paragraph 5 of the Original Agreement is hereby amended by amending the
referenced date of "the 31' day of December 2020" to read "the 31st day of
December 2019". The remainder of Paragraph 5 of the Original Agreement shall
remain in full force and effect.
3. This Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the
purposes of executing this agreement, any signed copy of this agreement
transmitted by fax machine or e-mail shall be treated in all manners and respects
as an original document. The signature of any party on a copy of this agreement
transmitted by fax machine or e-mail shall be considered for these purposes as an
original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this agreement shall be considered to have
the same binding legal effect as an original document. At the request of either
party any fax or e-mail copy of this agreement shall be re-executed by the parties
in an original form. No party to this agreement shall raise the use of fax machine
or e-mail as a defense to this agreement and shall forever waive such defense.
4. The remainder of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
CITY OF ELGIN: WASTE MANAGEMENT OF ILLINOIS, INC.
By:
Richard G. Kozal Print Name
City Manager
a 11-1A
AttesCd
City Clerk Signature
17:.Legal DcpttAgreemenNFirst Amend Agr Wasic Management of Illinois Inc-10-1-18 docs
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