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1991-11r • RESOLUTION NO. 91- 11 A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENTS TO THE REFUSE SCAVENGER SERVICE CONTRACT BETWEEN THE VILLAGE OF BUFFALO GROVE AND BUFFALO GROVE /WHEELING DISPOSAL COMPANY WHEREAS, the Village of Buffalo Grove has determined that it is in the best interests of the Village to contract with Buffalo Grove /Wheeling Disposal Company, a division of Waste Management of Illinois, Inc. to provide residential scavenger services within the Village of Buffalo Grove; and WHEREAS, the President and Board of Trustees authorized execution of the original refuse service contract with Buffalo Grove /Wheeling Disposal Company on July 21, 1986; and WHEREAS, that contract was further amended on March 19, 1990 to incorporate certain service changes, necessitated accommodate expanded recycling and composting programs; and WHEREAS, that contract must now be amended in part to provide for changes in voluntary subscription service, compensation, and term of contract. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that: SECTION 1. The Village President and Clerk be and they are hereby authorized and directed to execute amendments to the current contract regarding residential scavenger service dated March 20, 1990, between the Village and Buffalo Grove /Wheeling Disposal Company, a division of Waste Management of Illinois, Inc. Copy of said contract is attached and made a part hereof. SECTION 2. This Resolution and Contract amendments shall be in full force and effect from and after its passage and approval in the manner provided by law as of May 1, 1991. AYES: _q - M rien h 1, Reid, Matlaias. O'Malley. Kahn NAYES: 0 - None ABSENT: .j - yShifrin PASSED: February 19 ,1991. APPROVED: February 19 ,1991. ATTEST:_ i ! ` wLA e Vifj g6 Clerk Village President AN AMENDMENT TO THE RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN THE VILLAGE OF BUFFALO GROVE AND BUFFALO GROVE /WHEELING DISPOSAL, A DIVISION OF WASTE MANAGEMENT OF ILLINOIS, INC. WHEREAS, the Village of Buffalo Grove and Buffalo Grove /Wheeling Disposal, a division of Waste Management of Illinois, Inc., currently are parties to a residential scavenger service agreement ( "Contract ") dated March 19, 1990, for the provision of residential scavenger services within the Village of Buffalo Grove; and WHEREAS, on April 30, 1991, the Contract shall terminate unless extended or renewed at the option of the Village for up to two (2) additional one -year (1) extensions upon terms mutually acceptable to both parties to the Contract; and WHEREAS, in order to initiate certain changes to current service parameters, along with extending the Contract beyond April 30, 1991, certain amendments to the Contract will be necessary. NOW, THEREFORE, THE PARTIES HERETO AGREE THAT THE FOLLOWING ARTICLES AND SECTIONS OF THE CONTRACT ARE AMENDED TO READ AS FOLLOWS: SECTION 1. Article I, Section 1.2, Paragraphs A & B Method of Collection 1.2. Method of Collection The method of collection and disposal of items covered by this Contract shall be as follows: A. The Regular Semi- Weekly Service. The Contractor will furnish a regular semi - weekly scheduled collection service for each single - family, attached single - family, duplex, and townhouse dwelling unit in the Village in the following manner: 1. From April 1st through November 30th, of any calendar year or portion thereof, materials mentioned in Section 1.1, Paragraphs A, B, and E will be picked up together on the same pickup day. Those materials mentioned in Section 1.1, Paragraph C and D will be picked up together on a different pick -up day. 2. From December 1, through March 31, of any calendar year or portion thereof, materials mentioned in Section 1.1, Paragraphs A & B will be picked up together on the same pickup day; materials mentioned in Section 1.1, Paragraphs C & E will be picked up together on a different pickup day. The Village reserves the right to direct the Contractor to collect Section 1.1, Paragraph D materials during this period should seasonal conditions warrant. 3. From April 1 through November 30 of any calendar year or portion thereof, materials mentioned in Section 1.1, Paragraphs A & B will be picked up together on the same pickup together on the same pickup day. This service will be for those residents in dwelling units served on a voluntary subscription basis. Materials mentioned in 0 0 Section 1.1, Paragraphs C & D will be picked up together on a different pickup day. Materials mentioned in Section 1.1, Paragraph E will be picked up on a different pickup day. Collection.service shall be in accordance with a schedule to be submitted and approved by the Village Manager using equipment as is prescribed in this Section (Section 1.2, Paragraph E). All materials to be collected in the regular semi- weekly service shall be placed in acceptable disposal or composting material containers except for such items as are too bulky to fit in said containers. An acceptable container for purposes of this Contract shall be as prescribed in Chapter 8.20, and any amendments thereof, to the Village of Buffalo Grove Municipal Code. In order to assure an orderly collection of all refuse and waste in the Village, the Contractor shall establish a holiday pickup schedule as part of the schedule to be submitted for approval. Items such as toys, broken down empty cartons, crates, newspapers and magazines, smaller items of furniture, and other items suitable for col- lection by packer type equipment shall be bound as required and stacked neatly alongside the containers. B. Disposal Quantities. From December 1 through March 31 of any calendar year or portion thereof, there shall be no more than ten (10) bags or containers per regular semi - weekly pickup which the resident can use to dispose of the items to be collected, and no more than one (1) recycling container per residence to dispose of the defined recycling materials, and the Contractor shall collect from all ten (10) bags or containers which are placed for collection. Bags or containers shall not exceed seventy (70) pounds in weight each. From April l through November 30 of any calendar year or portion thereof, there shall be no more than ten (10) bags or containers for collection on the first pickup of the week which the resident can use to dispose of the items to be collected, and no more than one (1) recycling container per residence to dispose of the defined recycling materials, and no more than ten (10) bags /bundles of compostables for collection on the second pickup of the week for the items to be collected, and Contractor shall collect bags, bundles, or containers which are placed for collection within the foregoing limits. Bags, containers and bundles shall not exceed seventy (70) pounds in weight each. However, the bag /bundle limit shall be suspended for the months of October and November. From April 1 through November 30 of any calendar year or portion thereof, for those residents served on a voluntary subscription basis, there shall be no more than ten (10) bags or containers per the regular semi - weekly pickup which the resident can use to dispose of the items collected, and no more than one (1) recycling container per residence to dispose of the defined recycling materials, and no more than ten (10) bags /bundles of compostables for collection on the second pickup of the week for the items to be collected, and Contractor shall collect bags, bundles, or containers which are placed for collection within the foregoing limits. Bags, containers and bundles shall not exceed seventy (70) pounds in weight each. However, the bag /bundle limit shall be suspended for the months of October and November. 0 • SECTION 2. Article II, Section 2.0, Compensation 2.0 Compensation. The Contractor shall charge for any and all services and labor herein above stated for the regular semi- weekly collection and disposal of household refuse and waste and compostable materials, the sum of $11.90 per month per single- family and duplex residential dwelling unit, and the sum of $11.30 per month per attached single - family and townhouse dwelling unit. The rate shall be effective on May 1, 1991, and will remain in effect through April 30, 1992. In addition to the above basic rate for regular semi- weekly collection and disposal of household refuse, waste, and compostable materials, the Contractor shall charge an additional $2.95 per month to all classes of residential dwellings served under this Contract choosing the voluntary subscription service. This rate shall be in effect for the months of May through November, 1990 and from April through November in any Contract years thereafter. Contractor shall adjust his rates for both the regular semi - weekly collection and voluntary subscription service collection programs effective at the beginning of each Contract year, that year beginning each May 1st during the term of this Contract. In addition to the above basic rate(s) for regular semi - weekly collection and disposal of household refuse, waste, and compostable materials, the Contractor shall charge an additional $1.95 per month to all classes of residential dwellings served under this Contract for the costs of the Village -wide recycling service program. All net revenue earned from the sale of recyclables shall be remitted to the Village at least monthly, along with a detailed accounting of all revenue collected less expenses incurred for the processing of recyclables. The Village reserves the right to identify and choose reasonable alternative competitive markets for the processing of recycled materials. All net revenues collected shall be deposited in the Village's Corporate Fund for use as directed by the Village's corporate authority. If at some point an end market is created for compostable materials, the Village reserves the right to participate in the revenue generated from such marketing of this material. The additional charges for recyclable material collection shall not be included in the base rate for refuse.service when determining annual adjustments to compensation under the provisions of Section 2.1 of this Contract. The charges for the pickup of recyclable materials will remain constant throughout the term of this Contract. Fee adjustments will be subject to terms and conditions mutually agreeable to both parties should this Contract be extended beyond the term noted in Article IV. SECTION 3. Article II, Section 2.1 Adjustment to Compensation Resulting from Changes in Contractor's Costs. 2.1 Adjustment to Compensation Resulting from Changes in Contractor's Costs. The Contractor shall be permitted to adjust the monthly service rates effective each service year subject to the provisions of Section 2.0 herein above based on changes in certain cost components of Contractor's business from the beginning of the calendar year that precedes a Contract year (Y1) to the beginning of the calendar year that includes the beginning of the calendar year that includes the beginning of the Contract year (Y2). The components will include the Contractor's wage, health, cost of living, welfare, and pension benefits paid to its union employees directly employed in the performance of a Contract, and the cost for the disposal of refuse and waste at the Contractor's landfill site(s). The increase factor will be o • based on a combined weighted percentage change in these two cost components during the appropriate calendar year, beginning to ending, and shall have a weight value of .50 and .50 respectively, of any change, be it an increase or decrease. The formula for calculating such a percentage for each service Contract year can be stated as follows: Rate Change Factor = Labor Rate (Y2) - Labor Rate (Yl) /Labor Rate (Y1)(.50) + Disposal Cost (Y2) - Disposal Cost (Yl) /Disposal Cost (Y1)(.50) The Rate Change Factor will be applied to both the base rate and additional voluntary subscription rate then in effect. The Contractor shall notify the Village at least sixty (60) days prior to the effective date of any rate increase as to the increase along with the methodology and supporting contracts and expense detail to support any change. In no case, will the percentage increase developed under the Rate Change Factor equation above exceed the percentage increase in the Chicago Consumer Price Index developed by the United States Department of Commerce for the calendar year used to develop such Rate Change Factor. The Contractor must submit to the Village cost data relative to these rate components on a quarterly basis in detail form disclosing costs and rates paid and to whom for such components. The Village reserves the right to have incorporated the lowest unit costs into the Rate Change Factor equation. SECTION 4. Article IV, Term of Contract. The term of this Contract shall commence on May 1, 1991, and end on April 30, 1992, unless said Contract is terminated at an earlier date by the Village for reasons of.non - performance or violation of the terms of this Contract by the Contractor. The Village shall have the option to extend or renew this Contract for one (1) additional one -year (1) extension upon terms mutually acceptable to both parties upon notifying the Contractor in writing of its intention to do so no later than ninety (90) days prior to April 30, 1992. Contractor shall not bill for refuse services beyond the termination date of this Contract or any extension hereof. Any and all reasonable cooperation will exist between the Village and Contractor to permit a stable transition of any service changes under this Contract. ATTEST: It / ATTEST: Its: ATTEST: BUFFALO GROVE /WHEELING DI OSAL COMPANY C./ Its: WASTE MANAGEMENT OF ILLINOIS, INC. VILLAG UFFALO GROVE Village President