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HomeMy WebLinkAboutRESOLUTION - 65-88 - 10/11/1988 - AGRMT GARDEN CITY DISPOSAL RESOLUTION NO. 65-88 A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND GARDEN CITY DISPOSAL FOR RESIDENTIAL SCAVENGER AND RECYCLING SERVICE 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 1 : That the Village President be and is hereby authorized to sign the attached documents marked: AGREEMENT FOR RESIDENTIAL SCAVENGER AND RECYCLING SERVICE a copy of which is attached hereto and made a part hereof as if fully set 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 11th day of October 1988. APPROVED this Ilth day of October 1988. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk AGREEMENT FOR RESIDENTIAL SCAVENGERAND RECYCLING SERVICE For All Single Family Detached Residences in Elk Grove Village, Illinois 1988-1991 THIS AGREEMENT made and entered into this 11th day of October , 1988, 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 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 services of recycling and the 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 convenants, promises and agreements herein contained, the parties hereto agree as follows: 1. 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. -2- 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 inflammable, 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. 11. 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 abutting such premises: Rate not to Exceed Period $8.951monthlresidence October 1, 1988-October 31,1989 $9.251monthlresidence November 1, 1989-October 31,1990 $9.701monthlresidence November 1, 1990-October 31,1991 B. 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. However, disposal fees and taxes imposed on disposal sites during the term of this Agreement may be passed on by utilizing the following formula: 112 compacted yard per home per month X disposal fee or tax increase per yard = rate increase per unit per month. (Rates are based on the Mallard Lake Landfill disposal charge of $6.40 per cubic yard effective 10-1-88. ) C. The CONTRACTOR agrees to furnish such rates, costs and other data as a�ne required to make the computations under the formula specified in Article II-B (above). 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. A21 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 garbagel trash containers to residents at not more than the following rates: $1.251monthlcontainer October 1, 1988 to October 31, 1989 $1.25/month/container November 1, 1989 to October 31, 1990 $1.251monthlcontainer November 1, 1990 to October 31, 1991 -3- The customer has the option to lease or not lease the container(s) and to terminate the lease by notifying the CONTRACTOR and returning the container(s) to the CONTRACTOR. The CONTRACTOR is responsible for furnishing, maintaining and replacing containers that become damaged or lost - at no cost to the resident. IV. Recycling Program Charge A. The CONTRACTOR agrees to make curbside collection of newspapers, aluminum and bimetal cans, plastic milk containers and glass from residents at not more than the following rates: Rate Period $1.401monthlresidence November 15, 1988-October 31,1989 $1.501monthlresidence November 1, 1989 -October 31,1990 $1.601monthlresidence November 1, 1990 -October 31,1991 B. The CONTRACTOR is responsible for furnishing, maintaining, and replacing the recycling vehicle at no additional cost to the Village or residents of the Village. The CONTRACTOR agrees to process, store, and market the recyclable materials to an end user. A $35 per ton processing charge may be applied with all net revenues rebated to the Village on a monthly basis. The processing shall include: removal of contaminates (brown bags, magazines, phone books) from newspapers, separation of glass by color; separation and flattening of bimetal and aluminum cans; and shredding and loading of plastic. C. The CONTRACTOR agrees to work closely with the VILLAGE to implement a recycling program and assist with educational, promotional and informational programs. V. Disposal Sites A. The CONTRACTOR agrees to procure and obtain the services of disposal sites outside the VILLAGE boundaries, 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 use disposal sites at no additional cost to the VILLAGE or residents of the VILLAGE except as noted in Article IIB. Vi. 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. -4- 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. VII. 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 — $500f0001$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 $500400. 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, and the Umbrella policy. 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. 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. VIII. Reports A. The CONTRACTOR agrees to furnish annual financial statements for all residential services at the end of each calendar year to the Village manager including statistics on 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 CONTRACTOR shall also provide copies of all current labor agreements and other contracts pertaining to the franchise entered into by the CONTRACTOR. -5- B. The CONTRACTOR agrees to furnish an Annual Report on all recycling collection at the end of each calendar year to the Village Manager showing the weight of each class of recycled material, the market price (per ton) each month; and the name and address of the end-user for each month. C. 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. D. The above reports will be kept strictly confidential by the VILLAGE. IX. 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. 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. X. 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 CONTRACTOR shall pay for a VILLAGE scavenger license. C. The amount paid for truck licenses for the vehicles used exclusively for the collection of residential refuse under the terms of this Agreement is to be deducted from the scavenger license fee. XI. Term of Agreement This Agreement shall be for a period of three (3) years beginning October 1, 1988 and ending on October 31, 1991. 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. -6- 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 GARDEN CITY DISPOSAL Division of Waste Management of Illinois, Inc. Charles J. Zettek Edward Evenhouse Village President General Manager ATTEST: WITNESS: Patricia S. Smith Frank Van Dinther Village Clerk Name Title