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.
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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
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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.
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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.
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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.
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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