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HomeMy WebLinkAboutRESOLUTION - 41-67 - 7/5/1967 - AGRMT/MONARCH DISPOSALRESOLUTION NO. 'Z// — 6 A RESOLUTION AUTHORIZING AGREEMU BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND MONARCH DISPOSAL COMPANY FOR SCAVENGER SERVICE IN THE RE;IDENTIAL AREA OF THE VILLAGE. NODI, 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 1 - That the Village President be and is hereby authorized to sign the attached documents marked AGREEWNT , a copy of which is attached hereto and made a part ^reoF >-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 5th day of July 1 106 7 APPROVED this 5th day of July j lg6 7. 0 Attest: Village Cier a AGREEMENT THIS AGREEMENT made and entered into this day of July, 1967, 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 JOSEPH STOB, d/b/a MONARCH DISPOSAL CO., 2231 East Oakton, Elk Grove Village, Illinois, 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 in the Village and has determined that the best interest of the Village would be subserved 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 hereinafter set forth, NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto agree as follows: 1. The Contractor hereby agrees to collect and dispose of all domestic garbage, ashes and tin cans, bottles and other household trash, including discarded building materials, news- papers, brush, shrubs, grass clippings, leaves and other similar trash from the parkway or from the side or rear of a home in the residential areas within the Village; the disposal of same shall be outside of the corporate limits of the Village. The Contractor further agrees to collect all and any refuse offered for collection other than specified above, provided he receives additional com- pensation to be agreed upon between property owners and Contractor. 2. As consideration of said emplpyment, the Contractor agrees to charge tho ,sum of $2.25 per month per residence or per apart- ment unit within the Village when containers are placed for pick up from the parkway abutting such premises, or when containers for an apartment unit are placed at the rear of an apartment building wherein a service drive or alley is provided; and by agreement with the individual home owner shall charge not more than $3.25 per month per home or per apartment unit when such containers are to be picked up from the side or rear of the side of the house at which it is located. It is understood and agreed that the rates herein specified shall be the rates charged for such service and shall not be increased without the consent of the Village. 3. 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 within fifteen (15) days after the end of the service period, and the Contractor shall be permitted to add a fifty centx (504) penalty if bills are not paid on or before their due date. 4. The Contractor agrees to procure and to maintain disposal sites outside of 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. 5. The Contractor agrees and it shall be mandatory upon him to acquire, operate and maintain the most modern refuse collection units for use in the Village and all such vehicles shall, at all times, be so constructed that none of the refuse or garbage shall be scattered on the public ways of the Village. 6. Contractor agrees that at his own cost and at all times he will pay the salaries of all employees engaged by him in the performance of this agreement and shall operate and maintain disposal sites at his own cost and shall carry Workman's Compen- sation, Public Liability and such other insurance as may be necessary to hold harmless the Village from the operation of the services herein contained. All such insurance premiums shall be paid for by the Contractor and shall be without costs to the Village. 7. The Contractor agrees to keep and save the Village harm- less 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 by or arising out of the services herein contained. 8. Upon the failure of the Contractor to fulfill any of the provisions of this agreement or upon failure to make pick-ups as herein provided for, the Village is authorized to engage the services of any person to do such work and charge the cost thereof to the Contractor herein. 9. In the event either the Contractor or the Village shall determine that, due to intervening circumstances occurring subse- quent to the signing of this agreement, there has been a noticeable change in the cost of labor or the cost +of disposal of garbage or rubbish to such an extent that an increase or a decrease of rate of ten percent (10%) is in line, then the parties shall re -negotiate the contract price so as to offset the increase or decrease of rates thereby caused. Upon receipt of notice by either the Village or the Contractor from the other under the terms of this provision, the party giving such notice shall submit written documentation setting forth the reasons for said increase or decrease; in the case of the Contractor, he shallabe required to make his books and records available for audit. THIS AGREEMENT shall be for a period of three (3) years beginning July 1, 1967 and ending on June 30, 1970. This agreement may be extended upon agreement of the parties hereto and it may be can- celled at any time by either party by giving notice in writing to the other at least ninety (90) days prior to the date of the termination of this agreement. -2- THIS AGREEMENT shall inure to and be binding upon the heirs, administrators, executors, successors and assigns of the parties h cr eto . IN WITNESS WHEREOF, 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, ATTEST: Village Clerk VILLAGE OF ELK GROVE VILLAGE, i By Pz'�s t i d/b/a NARCH DISPOSAL CO,