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HomeMy WebLinkAboutRESOLUTION - 37-84 - 5/8/1984 - RESIDENTIAL SCAVENGER SERVICE AGRMTRESOLUTION NO. 37-84 A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND GARDEN CITY DISPOSAL COMPANY FOR SCAVE14GER 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: Section l: 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 8th day of May , 1984. APPROVED this 8th day of May , 1984. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk AGREEMENT FOR RESIDENTIAL SCAVENGER SERVICE n rix urove viliage, L. 1984/85 - 1988/89 THIS AGREEMENT made and entered into this 24th day of May , 1984, by and between the VILLAGE OF ELIC 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 Disposal, a Division of Waste Management of Illinois, Inc. party of the second part, hereinafter referred to as the CONTRACTOR. WITNESSETH: WHEREAS, the VILLAGE, mindful of its duties and responsibilities to protect and maintain the public health, safety and welfare of its citizens, finds it necessary to regulate and control the collection and disposal of garbage and rubbish from single family detached residences of the VILLAGE, and has determined that the best interest of the VILLAGE would be served by the employment of the CONTRACTOR for said purpose, and WHEREAS, the CONTRACTOR is willing to render the service of collection and disposal of garbage and rubbish within the Village upon the terms and conditions herein- after set forth. NOW,THEREFORE, for and in consideration of the mutual convenants, promises and agreements herein contained, the parties hereto agree as follows: Service A. The CONTRACTOR agrees to make collections on a regular schedule of not less than once each seven (7) days from each single family detached residence within the Village. B. The CONTRACTOR hereby agrees to collect and dispose of in a good workmanship manner all domestic garbage, ashes, tin cans and bottles in suitable containers; newspapers, and discarded furniture, furnishings, fixtures; trees, tree branches, brush and stalks which are cut up and bound into bundles of no more than four feet in length and weigh no more than 80 pounds per bundle; and grass clippings and leaves placed in suitable containers. Collection shall be'made from the parkway in the residential areas within the Village; the disposal of same shall be outside of the corporate limits of the Village. Appliances of all kinds will be collected by the CONTRACTOR provided the resident calls the CONTRACTOR one day in advance of his regular collection day (Friday for residents receiving collection service on Monday) at no additional charge. C. The CONTRACTOR shall not be required within the normal service to remove scrap and materials from the construction, remodeling and repair of buildings; concrete bricks, tree stumps, earth or earthy materials, automobile bodies or large machine parts weighing more than 80 pounds; nor materials of a toxic, highly inflam- mable, or explosive nature. D. The CONTRACTOR may receive additional compensation as agreed upon between the property owner and the CONTRACTOR for collection of those materials in Article I -C. II. Service Charge A. As consideration of said franchise, the CONTRACTOR agrees to charge not more than the following rate per month per single family detached residence within the Village when containers are placed for pick-up from the parkway abutt- ing such premises: Rate not to exceed. Period $7.37 month residence October 1, 1984 -September 30, 1985 $7.37/month/residence October 1, 1985 -September 30, 1986 $7.37/month/residence October 1, 1986 -September 30, 1987 $7.81/month/residence October 1, 1987 -September 30, 1988 Rate resulting from October 1, 1988 -September 30, 1989 formula set forth in Article II -B -2- B. Said foregoing monthly rate for 1988/89 shall be determined by computing and applying the following formula: E _ [(x 2 Y) X .751 or CPI (Whichever is greater) Where: E = Escalator Percentage CPI = Consumer Price Index for the Chicago Metropolitan area for the 12 months ended February 28. X = Percentage increase in union contract for labor, health, welfare and pension. Y = Percentage increase in landfill rates over previous 12 months. The above computation shall be made not later than June 1, 1988 for the rate to be effective on October 1, 1988. C. 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. D. The CONTRACTOR agrees to bill and collect for all services rendered 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 forty-fifth day of the three-month service period. III. Containers and Charge A. The CONTRACTOR is hereby authorized to lease mobile garbage/trash containers to residents at not more than the following rates: $1.25/month/container October 1, 1984 to September 30, $1.25/month/container October 1, 1985 to September 30, $1.25/month/container October 1, 1986 to September 30, The customer has the option to lease or not lease the container(s) and to terminate the lease by notify- ing the CONTRACTOR and returning the container(s) to the CONTRACTOR. The CONTRACTOR is responsible for furnishing, main- taining and replacing containers that become damaged or lost - at no cost to the resident. B. The CONTRACTOR may continue to lease mobile garbage/ trash containers in 1987/88 and 1988/89 providing the information required in Article VII -D is furnished as required. -3- 1985 1986 1987 IV. Disposal Sites A. The CONTRACTOR agrees to procure and to maintain disposal sites outside the VILLAGE boundaries and shall at all times maintain and operate such disposal sites under proper and accepted standards for such sites and to comply with all the laws of the State of Illinois and of the Corporate authorities of the area within which such sites are situated. B. The CONTRACTOR agrees to operate, maintain, and/or use disposal sites at no additional cost to the VILLAGE or residents of the VILLAGE. V. Vehicles A. The CONTRACTOR agrees and it shall be mandatory upon him to acquire, operate and maintain the most modern refuse 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 shall be scattered on the public ways of the VILLAGE. B. The CONTRACTOR agrees to maintain safety stickers and proper weight licenses, as required by the Secretary of State, State of Illinois, on all vehicles operated within the VILLAGE. VI. Insurance 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. Umbrella Policy of $25,000,000 each occurrence, $25,000,000 aggregate. B. The CONTRACTOR agrees to include the VILLAGE of ELK GROVE VILLAGE as an additional named insured on both General and Auto Liability Insurance policies. C. All insurance premiums shall be paid by the CONTRACTOR and shall be without cost to the VILLAGE. D. The CONTRACTOR agrees to keep and hold the VILLAGE harmless from and against all 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 damage to or injury to real estate or personal property caused or arising out of the services herein contained. -4- E. The CONTRACTOR 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. VII. Reports A. The CONTRACTOR agrees to furnish an annual report on all residential services at the end of each calendar year to the Village Manager showing the number of loads of waste hauled by him during the year, the approximate number of cubic yards per load and the total number of cubic yards of waste hauled for each month. The report shall also include for all service to single family detached residences, a statement of profit and loss, and copies of all current labor agreements entered into by the CONTRACTOR. B. The VILLAGE retains the option of having the CONTRACTOR's books and records of accounts audited by a Certified Public Accountant. Said audit shall be at the VILLAGE's expense. C. The CONTRACTOR agrees to furnish such rates, costs and other data as is required to make the computations under the formula specified in Article II -B. D. The CONTRACTOR agrees to furnish costs, revenues, rate and customer use data for 1984/85, for 1985/86 and 1986/87 regarding the mobile container service provided for in Article III. Said information for the respective periods is to be furnished not later than January 5, 1986; January 5, 1987; and June 1, 1987. The information will be used by the VILLAGE to determine if new rates need to be established for 1987/88 and 1988/89. E. The above reports will be kept strictly confidential by the VILLAGE. VIII. Availability of CONTRACTOR'S Equipment Upon the failure of the CONTRACTOR to fulfill any of the provisions of this Agreement, or upon the failure to make pick-ups as herein provided for, the CONTRACTOR 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 CONTRACTOR's equipment, 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. -5- The CONTRACTOR 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 CONTRACTOR herein within 90 days of release and return of the vehicles to the CONTRACTOR. IX. Franchise Fee A. The CONTRACTOR 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 amount paid by the CONTRACTOR for a VILLAGE Scavenger License fee is to be deducted from the franchise fee. X. Term of Aareement This Agreement shall be for a period of five (5) years beginning October 1, 1984 and ending on September 30, 1989. 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 AGREEMENT 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 Agreement to be signed by its President and attested by its Village Clerk pursuant to authority granted by the President and Board of Trustees of the VILLAGE, and the CONTRACTOR has affixed his signature hereto on the day and year first above written. VILLAGE OF ELK GROVE VILLAGE ATTEST: GARDEN CITY DISPOSAL Division of Waste Management of Illinois, Inc. General' Manager WITNESS: