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1998-13RESOLUTION NO. 98- 13 A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENTS TO THE RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN THE VILLAGE OF BUFFALO GROVE AND WASTE MANAGEMENT- NORTHWEST, A DIVISION OF WASTE MANAGEMENT OF ILLINOIS, INC. WHEREAS, the Village of Buffalo Grove has determined that it is in the best interests of the Village to contract with Waste Management- Northwest, a division of Waste Management of Illinois, Inc. to continue to provide exclusive residential scavenger services within the Village of Buffalo Grove; and WHEREAS, the President and Board of Trustees authorized the current residential scavenger service contract with Waste Management- Northwest (Buffalo Grove /Wheeling Disposal) on February 21, 1995; and WHEREAS, that contract is now presented for amendment as of May 1, 1998 in order to accommodate changes in Contractor Duties, 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 Village Clerk be and they are hereby authorized to execute amendments dated March 16, 1998 to the current residential scavenger service originally dated February 21, 1995, between the Village of Buffalo Grove and Waste Management- Northwest, a division of Waste Management of Illinois, Inc. Copy of said amendments are attached and made apart hereof. SECTION 2. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law as of May 1, 1998. AYES: 5 - Marienthal. Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks PASSED: March 16 '1998. APPROVED: March 16 '1998. . s - illage Presid nt ATTEST: Vill Clerk 0 • RESIDENTIAL SCAVENGER SERVICE CONTRACT AMENDMENTS BETWEEN THE VILLAGE OF BUFFALO GROVE AND WASTE MANAGEMENT- NORTHWEST A DIVISION OF WASTE MANAGEMENT OF ILLINOIS, INC. These contract amendments are made and entered into the 16th day of March, 1998 by and between Waste Management- Northwest, a division of Waste Management of Illinois, Inc., hereinafter referred to as the "Contractor" and the Village of Buffalo Grove, an Illinois municipal corporation, hereinafter referred to as the "Village" and hereby amend the Residential Scavenger Service Contract dated as of February 21, 1995. 2.0 Compensation. The Contractor shall charge for any and all services hereinabove stated for the regular semi- weekly collection and transportation of general household garbage and refuse and compostable materials, the maximum sum of $7.06 /month per single - family, duplex, attached single- family and townhouse dwelling unit and the maximum sum of $4.89 /month per multi - family dwelling unit. The rate shall be effective on May 1, 1998 and will be effective through April 30, 1999. Contractor shall adjust his rates 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 collection and disposal rates for regular semi- weekly service, either an additional $6.20 /month per single - family, duplex, attached single - family and townhouse dwelling unit or an additional $5.00 /month per multi - family dwelling unit will be charged to those dwelling units receiving service for the costs of service detailed in Section 2.5 of this Contract. In addition to the above basic rates for regular semi - weekly collection and disposal of general household garbage and refuse and compostable materials, the Contractor shall charge an additional $4.25 /month to all classes of residential dwellings served under this Contract choosing the voluntary subscription service. In addition to the above basic rates for regular semi- weekly collection and disposal of general household garbage and refuse and compostable materials, the Contractor shall charge an additional $2.50 /month to all classes of residential dwellings served under this Contract (other than multi- family residential) for the costs of the Village -wide recycling service program, which includes the purchase and replacement of disposal bins along with the procurement of one additional bin per residential dwelling unit. All net revenue earned from the sale of recyclables shall be retained by the Contractor. A detailed accounting of the recycling program, including rates and proceeds from the sale of recycled materials, along with expenses incurred for the processing of recyclables, shall be rendered to the Village monthly. The goal of this Contract is to expand the recycling program. In order to reach this goal during the course of this Contract, the Village retains the right to negotiate with the Contractor, it least on an annual basis, the types of products collected in the recycling program. The Village also reserves the right to identify and choose reasonable - - alternative competitive markets for the processing of recycled materials. If at some point an end market is created for compostable materials, the Village will reserve the right to participate in the revenue generated from such marketing of this material. Contractor shall adjust their 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. 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 V. 2.5 Refuse Disposal Surcharga. The Village may, at its option and under the terms and conditions of a Project Use Agreement between the Village and the Solid Waste Agency of Northern Cook County ( "SWANCC "), request that the Contractor further adjust the compensation charges as stated in this Contract in Section 2.0 for the disposal, at the Wheeling Township Transfer Station operated by or under contract to SWANCC, of garbage, refuse, and other acceptable Agency waste as defined in the Project Use Agreement and Agency Rules and Regulations, for the purpose of recovering certain identified Village costs and charges due SWANCC. The additional charges for any surcharge that may be necessary 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. A separate annual surcharge will be required under the terms and conditions of the Project Use Agreement and will be added as a component of the overall charge to each dwelling unit served under this Contract. Although the intent of the additional compensation to be collected by this Section is for disposal at the Wheeling Township Transfer Station, the Village reserves the right to retain such surcharge should SWANCC's balefill project fail to be completed and funding to retire the Village's financial contractual commitments become necessary. The Village will provide to Contractor prior to the beginning of each Contract year a statement which shall set forth the estimated amount of the Village's obligation to SWANCC for that Contract year. This obligation shall be charged at a rate per month per dwelling unit served under this Contract based on the following formula: 1. Single - Family Residential Units (x)+ Multi - Family Residential Units (.80x) = Estimated Refuse Tonnage Delivered per SWANCC. 2. Calculated value of x = Estimated Tonnage Delivered - Single - Family Calculated value of .80x = Estimated Tonnage Delivered -Multi Family 3. SWAMCC Surcharge per Ton times value of x(Step 2 value) = Single - Family Total Surcharge SWANCC surcharge per Ton times value of .80x(Step 2 value) = Multi - Family Total Surcharge 4. Surcharge /12= Monthly Surcharge (Weighted) 5. Surcharge due SWANCC net of any alternative. rate subsidy applied by the Village. The Contractor shall remit to the Village on a monthly basis the Surcharge collected from all dwellings served under this Contract as billed as determined by the above formula, plus or minus any billing adjustments. With each remittance, a detailed reconcilement shall be provided the Village supporting such remittance. Each monthly payment shall be due at the Village Hall, Attention: Director of Finance, on the last business day of each month prior to the month billed by the Contractor. (i.e. payment for customers billed for February service shall be due by the last business day of January). The Village will reserve the right to request interim adjustments to the Surcharge due as part of its obligation to SWANCC because of any required upward or downward adjustment to the Village's obligations to SWANCC. The Village and Contractor agree to cooperate in establishing the appropriate surcharge, in billing, collecting, remitting any and all fees collected and due -the Village, and in communicating any necessary adjustments to the Surcharge. The Village shall diligently pursue the collection of the Surcharge from all customers served under this Contract in cooperation with the Contractor. 5.0 Term of Contract. The initial term of this Contract shall commence on May 1, 1995 and end on April 30, 2000, unless said Contract is terminated at an earlier date by the Village for reasons of non - performance or inability of Contractor to perform under the direction of the SWANCC Project Use Agreement, Municipal Waste System Ordinance, transfer station rules and regulations issued by the Agency or violation of the terms of this Contract by the Contractor. The Village shall have the option to extend or renew this Contract for two (2) additional one -year (1) extensions upon notifying the Contractor in writing of its intention to do so no later than ninety (90) days prior to April 30, 2000 and April 30, 2001. The Contractor shall not bill for refuse services beyond the termination date of this Contract or any extension thereof. 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: ti ATTEST: n Vill6clA Clerk WASTE MANAGEMENT- NORTHWEST, A DIVISION OF WASTE MANAGEMENT OF ILLINOIS, INC. ITS lJXS VILL F BUFF GR illage Pres dent