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HomeMy WebLinkAboutRESOLUTION - 62-91 - 12/10/1991 - RESIDENTIAL SCAVENGER SERVICE AGRMT RESOLUTION NO. 62-91 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND GARDEN CITY DISPOSAL COMPANY FOR SCAVENGER SERVICE IN THE RESIDENTIAL AREA OF THE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage. State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: Residential Scavenger Service Agreement a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 10th day of December 1991. APPROVED this 10th day of December 1991. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk AMU= FM RESM=TAL SOLIDWASM. YMDWASTE, AND RECYCLING SERVI For All Sinale Family Detached Residences in Elk Grove Villace. Illinois 1991-1994 THIS AGREEMEWf made and entered into this 10th day of December —, 1991, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation in Cook and DuPage Counties, Illinois, party of the first part, hereinafter referred to as the VILLAGE, and Garden City Recycling and Waste Services, a Division of Waste Management of Illinois, Inc. party of the second part, hereinafter referred to as the CONTRACTOR. WITNESSE`M: WHEREAS, the VILLAGE, mindful of its duties and responsibilities to protect and maintain the public health, safety and welfare of its citizens, find it necessary to regulate and control the collection and disposal of garbage and rubbish from single f ami ly detached residences of the VILLAGE, and has determined that the best interest of the VILLAGE would be served by the employment of the COUMCTOR for said purpose and WHEREAS, the CONTRACTOR is willing to render the services of recycling, the collection and disposal of yardwaste and the collection and disposal of solid%aste within the Village upon the terms and conditions hereinafter set forth. NOW, ITMUTORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto agree as follows: 1. Service A. The CONTRACTOR agrees to make collections of solidwaste, yardtAlaste and recycling on a regular schedule of not less than once each seven (7) days from each single family detached residence within the Village. Exception: During the week in �Aiich one of our celebrated holidays occur (New Years Day, Niamorial Day, Fourth of July, Labor Day, Manksgiving Day and Christmas Day) pickup wi 11 be made one day late from the holiday on, 1. SCLIDWASTE SM210E - The CONTRACTOR hereby agrees to collect and dispose of in a good workmanship manner all domestic solidwaste placed at the curb in standard 30-33 gallon containers, 30-33 gallon plastic bags or optional 90 gallon 1 carts (the use of 45 gallon containers is discouraged); discarded furniture, furnishings, fixtures; trees and tree branches greater than 3 1/2 inches in diameter wilich are cut up and bound into bundles of no more than four feet in length, manageable in diameter by one person and weigh no more than 50 pounds per bundle. a. 7he CoNTRACTOR shall not be required within the norrml service to remove scrap and materials from the construction, remDdeling and repair of buildings; concrete bricks; tree sturrps, large amounts of earthy n-laterials, autombile bodies or large nachine parts weighing rmre than 50 pounds; nor materials of a toxic, highly inflanynable, or explosive nature. b. 7he CONIRACMR may receive additional compensation as agreed upon between the property owner and the CONIRACMR for collection of those materials in Article I-A-l-a. 2. RECYCLING SERVICE - the CONTRA=R agrees to rmke curbside collection, process, store and market newspaper, aluminum and bimetal cans, plastic (HDPE milk, water and windshield washer solvent bottles; HDPE soda pop and liquor bottles and PET liquid laundry and bleach bottles) , glass jars/containers and major appliances (white goods) including but not limited to, washing ffachines, clothes dryers, dishwashers, refrigerators, freezers, water heaters, stoves and ovens. a. All recycle items mtst be rinsed of any food product. b. All recycle item (exception, major appliances) nust be placed loose in a recycle bin or equivalent open top plastic container. C. The CONIRACTCR also agrees to make pickup from multi- family residence for which the CONTRA=R is the hauler. d. During the term of this contract, if additional recyclables are added to the program, a new service charge based on the cost associated with those items, will be negotiated with the VILLAGE. 3. YARDWASTE SERVIC - Between April I and Noven-ber 30, of each calendar year, the CONTRACMR agrees to collect and dispose of yard%aste; grass, leaves, shrubbery, vine trinTnings, brush, tree linbs and other plant materials resulting from landscape maintenance as classified by the State Statute for landscape waste. Rocks, earth, garden vegetables and fruit are not considered landscape waste and should be disposed of with household solidwaste. 2 a. Al 1 i tems wi th the except ion of tree I imbs and brush nust be placed in a 30-33 gallon biodegradable paper bags or cans (maximumweight. of 50 pounds) , or optional 90 gallon cart. No plastic bags or non-Mvff 90 gallon carts/ containers will be used for the collection of yardwaste. b. Tree limbs and brush, no larger than 3 1/2 inches in diameter, will be picked up in bundles only. A bundle size must be no longer than 4 feet in length, manageable in diameter by one person and weigh no more than 50 pounds and securely tied with biodegradable string. C. The VILLAGE shall conduct a street leaf collection program. The VILLAGE further agrees to transport collected leaves to a designated IEPA approved staging area, The CONTRACrOR shall transport leaves from the staging area for ultimate disposal. d. The CONTRACTOR agrees to make curbside collection of Christmas trees between January 2 and January 15 of each calendar year. The VILLAGE agrees to accept these Christmas trees at a designated IEPA approved staging area for chipping by the VILLAGE. B. Collectionof solidiAmste, yarch�aste and recycling shall bemade from the parkway in the residential area within the Village; the disposal or processing of same shall be outside of the corporate limits of the Village. Service Cbaraes A. As consideration of said franchise, the CONFRACMR agrees to charge not more than the following rates per single family detached residence within the Village %4ien containers are placed for pickup from the parkway abutting such premises: 1. Solidi6aste Chara Rate not to exce Pari - $ 8.70/month/residence Noven-berl, 1991-October3l, 1992 $ 9.48/month/residerice Novemberl, 1992-October3l, 1993 $10.35/month/residence November 1, 1993-1,bveniber 30, 1994 a. It is understood and agreed that the rates herein specified shall be the rates charged for such service and shall riot be increased or decreased without the consent of the VILLAGE. 3 b. The VILLAGE is a neuber of the Solid Waste Agency of Northern Cook County (the "AGENCY") . If the AGENCY begins operating vaste transfer stations during the term of this Agreeffent, the VILLAGE may, at its sole discretion, require the CONTRACMR to deposit the residential %-aste collected in the VILLAGE at one of the AGENCY'S transfer stations and re-adjust the price and other terms of the agreement accordingly to met the obligations of the agency. 2. Recyclina Rate not to exce Peri $3.45/mnth/residence November 1, 1991--October 31, 1992 $3.62/rwnth/residence Novenber I, 1992-October31, 1993 $3.80/nmth/residence November 1, 1993-%vember 30, 1994 It is understood and agreed that the rates herein specified shall be the rates charged for such service and shall not be increased or decreased without the consent of the VILLAGE. 3. Yard%este Charae Rate not to exceed Peri $ .50 per sticker April 1, 1992-Noven-ber 30, 1992 $ 50 per sticker April 1, 1993-November 30, 1993 $ .50 per sticker April 1, 1994-Noveirber 30, 1994 a. Residents will apply one (1) sticker per 30-33 gallon biodegradable paper bag or three (3) stickers per 90 gallon cart. b. The CONIRACTOR agrees to make curbside collection of bundled tree lirrbs and brush from single fami ly detached homes at no additional cost to the residents of the VILLAGE. C. The ODNrRACMR agrees to make curbside collection of Christmas trees between. January 2, and January 15, of each calendar year at no additional charge to the residents of the VILLAGE. d. The CONTRACrOR agrees to transport leaves from the staging area at no additional charge to the residents of the VILLAGE or the VILLAGE. e. It is understood and agreed that the rates herein specified shall be the rates charged for such service and shall not be increased or decreased without the consent of the VILLAGE. 4 III. Mobile Containers and Cbar= A. The CONTRACTOR is hereby authorized to lease =bile 90 gallon carts to residents at the following rates: Rate not to exce Peri $1.50/month/container Novemberl, 1991-October3l, 1992 $1.50/mnth/container Novemberl, 1992-October3l, 1993 $1.50/month/container November 1, 199 3-rbvenber 30, 1994 B. 'The customer has the option to lease or not lease the cart(s) and to terminate the lease by notifying the ODNIRAC70R and returning the cart(s) to the CONTRACTOR. The CONTRACTOR will deliver and pick up containers at no charge to the resident. C. The CONTRACTOR is responsible for furnishing , maintaining and replacing containers that become damaged at no cost to the resident. IV. Billi The CONTRACTOR agrees to bill and collect for all services rendered in Articles II and III and shall not look to the VILLAGE for collection. Billing shall be for a three month service period. All bills shall be due not later than the 45th day of the three month service period. V. Recyclina Rebate The CONTRACPOR agrees to process, store and market the recyclable materials to an end user or utilize the DuPage county IPF. The CONTRACTOR agrees to rebate the VILLAGE by the 30th day of the month inTrediately following the period for;4iich servicehas been rendered, a flat fee per ton each month regardless of price flucuations with the CONTRACTOR retaining all receipts from the sale of said materials. Rate Peri $ 9.50 November 1, 1991-October 31, 1992 $10.00 Noveniber 1, 1992-October 31, 1993 $10.50 Noverrber 1, 1993-Novent>er 30, 1994 VI. Disvosal Sites A. The CONTRACTOR agrees to procure and obtain the services of disposal sites outside the VILLAGE boundaries, and to coffply with all the laws of the State of Illinois and of the Corporate authorities of the area within vAiich such sites are situated. B. The CONTRACTOR agrees to use disposal sites at no additional cost to the VILLAGE or residents of the VILLAGE except as noted in Article IT A I b. 5 VII. Vehicles A. The OONTPUAMR agrees and it shall be mandatory upon him to acquire, operate and maintain the most modern collection equipment for use in the VILLAGE and all such equipment shall, at all times be so constructed that none of the refuse or garbage shal� be scattered on the public iAays of the VILLAGE. B. The COMMCTOR agrees to maintain safety stickers and proper ,Aeight licenses, as required by the Secretary of State, State of Illinois, on all vehicles operated within the Village. C. The COMIMCIOR is responsible for furnishing, maintaining and replacing the collection vehicles at no additional cost to the Village or residents of the Village. VIII. Insuranc A. The CONTRACTOR agrees to carry at his own cost the following: 1. Workers' Compensation Insurance 2. General Liability Insurance (a) Bodily injury at a level of not less than $500,000/$500,000. (b) Property damage at a level of not less than �500,000. 3. Auto Liability Insurance (a) Bodily injury at a level of not less than $500,000/$1,000,000. (b) Property damage at a level of not less than $500,000. 4. Urbrella Policy of $25,000,000 each occurrence, $25,000,000 aggregate. B. The OONTRACIOR agrees to include the VILLAGE OF ELK GROVE VILLAGE as an additional named insured on both General and Auto Liability Insurance policies, and the Unbrella policy. The CONTRACTOR will provide copies of these policies annually to the VILLAGE. C. All insurance premiums shall be paid by the CONTRACIOR and shall be without cost to the VILLAGE, D. The CONTRACIOR agrees to keep and hold the VILLAGE harmless from and against al I costs, damages, claims or expenses he may suffer, incur or sustain or become liable for, or on account of any injury to or death of his employees or to any other person, or dan-age to or injury to real estate or personal property caused or arising out of the services herein contained. 6 E. The COWRACTOR agrees that at his own cost and at all times he will pay the salaries of all employees employed by him in the performance of this Agreement. Ix Rer->orts A. The CDNIRACTOR agrees to furnish annual financial statements for all residential services at the end of each calendar year to the Village Manager plus monthly reports on the number of loads and approximate number of cubic yards hauled for both solicNaste and yardwnste. A monthly report for recycling activity showing the types of recycled materials and total weight collected. B. The VILLAGE retains the option of having the CONMCIOR'S books and records of accounts audited by a Certified Public Accountant. Said audit shall be at the VILLAGE'S expense. C. The CONTRACMR shall provide copies of all current labor agreements and other contracts pertaining to the franchise entered into by the CONTRA=R. D. The above reports and agreements will be kept strictly confidential by the VILLAGE. X. Availability of CONTRACTOR'S Eauipinent Upon the failure of the CONMCI'DR to fulfill any of the provisions of this Agreement, or upon the failure to make pickups as herein provided for, the CCNIRA=R hereby agrees that the VILLAGE is authorized to engage the services of any person to do such work and charge the cost thereof to the CONTRACTOR herein, or to take possession of the CONTRACrOR'S ecNipimnt, vehicles, facilities which are normally used in providing service to the residential areas of the Village, and to employ such personnel as the VILLAGE may deem necessary to continue the work to protect the public health. The CDNTRAC`1`CR agrees that all costs borne by the VILLAGE for labor, materials and equipment necessary for such emergency work shall be reimbursed to the VILLAGE by the CONIRACrOR herein within 90 days of release and return of the vehicles to the CONTRACTCR. XI. Franchise Fe A. The CONMCTOR agrees to pay a franchise fee of $3,000 per year for use of Village streets and exclusive collection rights in the VILLAGE's residential areas during the period of this Agreement. The fee is to be paid upon the execution of this Agreement. B. The CONMACTOR shall pay for a VILLAGE scavenger license. 7 XII. 7he COMMCMR agrees to work closely with the VILLAGE and assist with educational, promotional and informational programs. mailing cost will be shared by the COMM(7MR and the VILLAGE. XIII. The CONMCMR agrees that it will at all times provide disposal services in accordance with all local, state and federal laws, subject to the need to adjust for this component, i.e. white goods July, 1992. XIV. Reusable Household Goods Me CONMACTOR agrees to be responsible for the performance of a monthly residential curbside collection program of reusable household goods. The OONrRACMR agrees to utilize a not-for-profit organization registered with the Attorney General of the State of Illinois in accordance with the provisions of "An Act to Regulate Solicitation and Collection of Funds for Charitable Purposes", Illinois Revised Statutes, Chapter 23, Paragraph 5101 et seq. The CONTRACTOR agrees to provide this service at no additional cost to the residents of the village or VILLAGE. XV. Term of Acireement This Agreement shall be for a period of three (3) years (1) month beginning November 1, 1991 and ending on November 30, 1994. This Agreement may be extended upon agreement of the parties hereto and it may be cancelled for cause following 90 day written notice by either party during the term of the contract. THIS AGREEMMU SHALL inure to and be binding upon the heirs, administrators' executors, successors and assigns of the parties hereto. IN WITNESS HEREOF, the VILLAGE has caused this Agreeniant to be signed by it President and attested by its Village Clerk pursuant to authority granted by the President and Board of Trustees of the VILLAGE, and the CONIRACTOR has affixed his signature hereto on the day and year first above written. VILLAGE OF ELK GROVE VILLAGE GARDEN CITY RECYCLING &WASTE SERVICES Division of Waste Managernent of Illinois, Inc, Charles J. Zettek Village President Donald R. Price President ATTEST: WITNESS: Patricia S. Smith Village Clerk Narrie Title