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HomeMy WebLinkAboutResolution #3925 - agreement for city wide subscription residential recylcing with eagle enterprises recyclingRESOLUTION NO. 3 9 2 5 A RESOLUTION APPROVING AN AGREEMENT FOR CITY-WIDE SUBSCRIPTION RESIDENTIAL RECYCLING WITH EAGLE ENTERPRISES RECYCLING, INC. AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, after lengthy public discussion on the obligation to regulate and control the collection of residential recycling; and WHEREAS, the City has the authority to contract with a private business to recycle residential waste pursuant to the Illinois Municipal Code (65 ILLS 5/11-91-1) and the Local Solid Waste Act (65 ILCS 10/6); and WHEREAS, the Public Works Committee has determined that it is necessary and in the best interests of the City of Canton to enter into an Agreement for the City-Wide Subscription Residential Recycling with Eagle Enterprises, Inc. that would secure pricing through September 1, 2013, as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 1st day of JUNE , 2010 upon a roll call vote as follows: AYES: ALDERMAN Ellis, Pickel, Hartford, Schenck, Sarff, Reed NAYS: None ABSENT: Alderman West, Alderman Rivero ATT ST: ----' Dia Tucker, City Clerk O D: G ,. Kevin R. Mead ,Mayor AGREEMENT FOR CITY-WIDE SUBSCRIPTION RESIDENTIAL RECYCLING PROGRAM This Agreement, made this 2nd day of June, 2010, by and between the City of Canton, Fulton County, Illinois, a municipal corporation, with offices at 2 North Main Street, Canton, Illinois 61520, hereinafter referred to as the "City", and Eagle Enterprises Recycling, Inc., located at 510 SE Industrial Avenue, Galva, Illinois 61434 hereinafter referred to as "Contractor". RECITALS WHEREAS, the City, mindful of its duties and responsibilities to protect the public health, safety, and welfare of its citizens, finds that it is necessary to regulate and control the collection and disposal of residential solid waste, and; WHEREAS, the City has the authority to contract with private businesses to recycle residential waste, pursuant to Section 11-9-1 of the Illinois Municipal Code, (65 Illinois Compiled Statutes 5/11-9-1) and pursuant to Section 6 of the Local Solid Waste Act (65 Illinois Compiled Statutes 10/6), and; WHEREAS, it is the public policy of the State of Illinois to encourage and promote recycling, reclamation and reuse of waste materials to minimize waste generation and preserve and protect the land, and; WHEREAS, the City desires to promote and encourage the recycling of residential waste, and; WHEREAS, the Contractor desires to assist the City in creating, implementing and promoting a recycling program and has the facilities and equipment to handle recyclable materials, and; Whereas, the parties desire to reduce the agreement to writing. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES OF THE PARTIES, THEY AGREE AS FOLLOWS: SECTION ONE DEFINTTIONS Whenever the following terms occur in this agreement, they shall have the meanings provided in this Section, unless the context clearly requires otherwise: (a) Processing Center: Facility and related equipment to be maintained by Contractor or his subcontractor for the purpose of separating, sorting and preparing recyclable materials for sale. (b) Public Awareness Program: Program developed and provided jointly by the City and Contractor to inform and encourage residents to use and participate in the Recycling services. (c) Recyclable Materials: newspapers, corrugated cardboard, magazines, telephone books, hardback and paperback books, office paper, 3`~ class or junk mail, aluminum cans, aluminum foil, aluminum scrap, steel tin cans, light steel, plastics designated as number 1 through 7 (except #6) under the Plastic Recycling Code, bottle glass, and such other materials as the parties may agree to in writing. (d) Recycling Services: All Contractor provided services required to be performed by this agreement including, but not limited to, the following: (1) T'he collection of recyclable materials from residential units; (2) Processing of recyclable materials, which includes the separation, sorting and preparation of recyclable materials at the Processing Center for sale; and (3) Marketing of the recyclable materials. (4) Provide recycling tote to all subscribing residential units. (e) Subscriber: An occupant of a residential unit as defined herein who elects to use Recycling Services. (d) Residential Unit: Any residential dwelling located within the municipal service limits of the City of Canton. (g) Residential Waste: Garbage, refuse, ashes and general household waste. (h) Landscape Waste: All accumulations of grass or shrubbery cuttings, leaves, tree limbs, Christmas trees, and other materials accumulated as a result of the care of lawns, shrubbery, vines and trees. (i) Ashes: Residue from fires used for cooking and for heating buildings. SECTION TWELVE DISPOSAL All non-recyclable materials and contaminated recyclable materials collected by Contractor shall be properly disposed of in a sanitary landfill or other similaz facility properly licensed and permitted by an appropriate state agency. SECTION THIRTEEN EQUIPMENT (a) Equipment required: Contractor shall obtain, at his sole cost and expense, all trucks, mobile equipment and other equipment necessary or proper to carry out the terms and conditions of this agreement. (b) Cleanliness. Contractor shall maintain all trucks and other equipment in a clean and sanitary condition at all times. Each vehicle shall be washed regulazly. (c) Condition. Contractor shall maintain all of its equipment in good working condition at all times. Contractor shall have auxiliary equipment available to perform the terms and conditions of this agreement in the event of breakdown. (d) Hauling. All materials hauled by Contractor shall be properly contained and secured to prevent leakage, spillage or blowing. SECTION FOURTEEN ADDITIONAL REQUIREMENTS OF CITY (a) Use of Public Streets. Contractor shall conduct its operations so as to interfere as little as possible with the public use of roads, walks and entrances to residences. (b) Operations on City PropertX. All operations of Contractor upon the premises of the City shall be confined to azeas authorized by the City. No unauthorized or unwarranted entry, passage through, or storage or disposal of materials shall be made upon City or private property. Contractor shall hold the City harmless from all liability of any nature or kind arising from any use, trespass or damage occasioned by its operation on premises of third persons. (c) Designation of Street Collection. The City Council, in its sole discretion, shall designate collection under this agreement from a public street for every residential unit covered by this agreement. SECTION FIFTEEN INTERRUPTION OF SERVICE (a) Interruption of Service. Except for act of God or disaster, in the event Contractor shall fall further than one (1) week behind in services provided for herein, the City may, at its option, make alternate arrangements for said service and shall be entitled to chazge any reasonable expense over and above the fees provided for herein to Contractor. (b) Missed Pick Ua. In the event Contractor shall miss collection from any residential unit, upon notification of such missed pick-up, Contractor shall promptly respond and collect from such residential unit as soon as possible. SECTION SIXTEEN HOLIDAYS Contractor may observe the following holidays: (a) New Yeaz's Day (b) Memorial Day (c) Independence Day (d) Labor Day (e) Thanksgiving Day (f) Christmas Day Recycling collections not made on a designated holiday shall be made on the next succeeding calendaz day and the remaining collection schedule for that week shall be adjusted by Contractor as necessary, provided that all azeas of the City shall be provided collection during that calendar week. SECTION SEVENTEEN LICENSES AND PERMITS Contractor shall obtain and maintain in full force and effect during the entire term of this agreement, at it's sole cost (j) Gazbaue: Wastes resulting from the handling, processing, cooking and consumption of food and wastes resulting from the handling, processing, storage and sale of produce. (k) Refuse: Combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding; non-combustible trash, including, but not limited to, metals, tin cans, metal furniture, dirt, small quantities of rock, pieces of concrete, brick, glass, crockery, other mineral waste; street rubbish, including, but not limited to, street sweepings, dirt, contents of litter receptacles. Refuse does not include earth and wastes from building operations, hazardous substances, hazardous waste, nor shall it include any waste resulting from industrial processes and manufacturing operations such as food processing wastes, boiler and house cinders, lumber, scraps and shavings. SECTION TWO SCOPE OF SERVICES Contractor shall furnish hereunder at its sole cost and expense, all labor, tools, equipment and materials, supplies and services to perform all work and services necessary to satisfactorily collect and properly process all designated residential recyclable materials covered by this agreement and to perform all other work and services incidental to collection and recycling of these materials. Contractor is required to pay all costs and expenses required to properly process the designated materials and shall retain all revenues from the sale of these materials. SECTION THREE FREQUENCY AND TYPE OF COLLECTION SERVICES Contractor shall provide bi-weekly collection of all recyclable materials placed at the curbside at all residential units within the City. The Contractor, but not less than once every 14 days, shall perform collection on such schedule as mutually agreed. SECTION FOUR NATURE OF RESIDENTIAL RECYCLING SERVICES (a) Recyclable Materials. Contractor shall collect and remove, bi-weekly, all recyclable materials from subscribing residential units which are segregated from residential solid waste and placed at the curbside of public streets. All recyclable materials shall be placed in recycling containers or other approved containers and shall be collected on each and every collection day. Corrugated cardboard can be flattened and placed in the container. Lazger cardboard can be set outside the container either flattened or left whole. Recyclable material so collected shall NOT be landfilled or disposed of other than through accepted recycling procedures and processes unless specifically approved by the City Council. (b) Transportation of Recyclable Materials. Contractor shall transport the collected recyclable material also from residential units to the Processing Center. Contractor shall be responsible for the proper hauling of all recyclable materials upon pickup from residents. (c) Processing Center. The Contractor shall maintain, or contract with, a Processing Center. The Processing Center shall accept all recyclable materials as defined in this Agreement. All recyclable material collected from residents shall be processed at the Processing Center. Title to all recyclable materials brought to the Processing Center shall be with Contractor, and Contractor shall have the responsibility for the transportation and sale of such recyclable materials. Contractor shall notify City representative, in writing, not less than 30 days prior to any relocation or other change affecting the Processing Center. (d) Other, Regulations. Contractor may suggest other methods or regulations, which may assist it in the efficient and orderly operation of the recycling service. The City Council shall consider such suggestions and accept or reject them, in its sole discretion. (e) Public Awazeness Program. City and Contractor shall jointly develop and implement a public awazeness program. The program shall include, but not be limited to, the following: the printing and distribution of promotional brochures; recycling presentations at local schools; news releases; and on-site promotions/demonstrations at locations throughout the community. The Contractor shall pay all out-of-pocket expenses associated with said program. While the City will have the primary responsibility to disseminate information regarding the recycling program and to promote participation of the residents in recycling, Contractor shall assist the City in these activities. This will include occasional participation at promotional activities in schools or with other organizations and at civic events. Contractor will also assist in the preparation and promulgation of promotional materials. (f) ComQliance Assurance. The City shall have the right, upon reasonable notice, to audit the records of the Contractor to ensure compliance with the provisions of this Agreement 2 SECTION FIVE TERM The agreement shall be in full force and effect commencing on September 1, 2010 and shall terminate at midnight on August 31, 2015. SECTION SIX PAYMENT Residents will be billed by the Contractor for the services provided herein as follows: (a) $6.00 per household per month commencing September 1, 2010. (b) Contractor will evaluate currents costs of collection and may make a price adjustment to begin on September 1, 2013, with notification to subscribers and City not less than 30 days prior to adjustment. SECTION SEVEN METHOD OF PAYMENT Subscribers shall pay Contractor each quarter the cost per household (as stated in Section Six). At their option, subscribers may elect to pay for the entire yeaz in one payment. Payments shall be made on or before the last day of the first month of each quarter for the ensuing quarter's services. SECTION EIGHT COMPLIANCE WITH LAW Contractor shall comply with all local, state and federal statutes, laws, rules and regulations, including but not limited to, all environmental protection laws, minimum wage laws, equal employment and nondiscrimination laws. SECTION NINE INSURANCE Contractor agrees to carry and maintain in force, at the Contractor's own expense, the following insurance or insurance coverage: (a) Worker's Compensation insurance as required by the state of Illinois; (b) General Liability insurance covering: (1) Bodily injury and property damage combined single limit of $1,000,000; (c) Automobile liability insurance covering: (1) Bodily injury and property damage combined single limit of $1,000,000; and, (d) Contractor shall provide the City with certificates of insurance for all insurance policies and keep such certificates as filed with the City current. All policies of insurance shall specifically provide that the City shall receive not less than thirty (30) days written notice of any modification, suspension, cancellation or non-renewal of any policy. Failure to maintain any policy of insurance in full force and effect shall constitute a breach of contract. SECTION TEN INDEMNITY Contractor agrees to protect, indemnify and hold harmless the City against all loss, expenses, damage, chazges and costs (including court costs and attorney's fees) for injury to or death of persons and damages to or destruction of property suffered or alleged to have been suffered as result of any act or omission on the part of Contractor or others whose services are engaged by Contractor or anyone directly or indirectly employed or controlled by either of them in the course of the performance of the work provided for in this agreement, except such injury, destruction, or death as may be caused by the negligence or fault of the City. SECTION ELEVEN AREA COVERED (a) Areas. Contractor shall furnish services under this agreement to every subscribing residential unit within the corporate limits of the City and will use its best efforts to service unincorporated Canton residents. (b) Annexations. In the event that the City should annex an existing subdivision to the City during the term of this agreement, the City agrees to negotiate with Contractor regazding adjustment, if any, of the price fixed herein to reflect the added services required by such annexation. and expense, any and all licenses and permits required by federal, state or local law. SECTION EIGHTEEN REPORTS Contractor agrees to furnish quarterly and annual reports to the City concerning the services performed under this agreement. Such report(s) shall be filed at the end of each month and at the end of each calendar year with the City Clerk. The reports shall include, at a minimum, data on weights and/or quantities of all materials collected and recycled pursuant to this contract. Said weights and/or quantities shall be verifiable through weight tickets and/or official log books. Said reports are to be provided in such form and manner as the City may direct. Additionally, Contractor shall provide the City with certification that all non-recyclable or contaminated recyclable waste collected pursuant to this contract has been disposed of in a properly licensed and permitted sanitary landfill or similar facility. SECTION NINETEEN INSPECTION City shall have the right at all reasonable times to inspect Contractor's equipment and facilities to ensure compliance with. the terms and conditions of the agreement. SECTION TWENTY NOTICES All notices required or contemplated by this agreement shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the parties, as follows: City: City of Canton Director of Public Works 2 N. Main St. Canton, Illinois 61520 Contractor: Eagle Enterprises Recycling, Inc. 510 SE Industrial Avenue Galva, IL 61434 or to such other address as the parties may designate in writing. SECTION TWENTY- ONE ADMINISTRATION (a) Administration and enforcement of this agreement shall be the responsibility of the City Mayor or his/her designated representative or representatives. (b) The City Mayor shall recommend for adoption by the City Council, in resolution form, any rules or regulations required to enforce or carry out the terms and conditions of this agreement. SECTION TWENTY-TWO AMENDMENTS (a) It is the intention and agreement of the parties that all legal provisions of law required to be reflected here, shall be and are included herein. However, if by mistake or otherwise, some such provision is not contained herein, or is not reflected herein in proper form, then upon application of either party, the agreement shall be amended so as to strictly comply with the law without prejudice to the rights of either party. (b) When mutually agreeable, the agreement may be modified as necessary because of changing requirements or for other reasons. However, any modification or amendment will only be by written agreement duly executed by the parties or their authorized representatives. SECTION TWENTY-THREE NO FRANCHLSE INTENDED It is the understanding and intention of the parties that this agreement shall constitute a contract for the services provided for herein; that it is not a franchise, nor shall it be decreed or construed as such. SECTION TWENTY-FOUR INDEPENDENT CONTRACTING OR SUBCONTRACTING AND ASSIGNMENT (a) Contractor shall perform all work and services described herein as an independent contractor and not an officer, agent, servant or employee of the City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the services and work performed in accordance with the terms of this Agreement, and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between the City and Contractor. No person performing any of the work or services described herein shall be considered an officer, agent, servant, or employee of the City, and no such person shall be entitled to any benefits available or granted to employees of the City. (b) Contractor shall not enter into any subcontracts, leases, agreements or assignments of or pertaining to this agreement, or any interest or right herein either voluntarily or by operation of law, without prior written approval of the City. SECTION TWENTY-FIVE TERMINATION Either party, Eagle Enterprises Recycling, Inc. or the City of Canton, has the right to terminate or revise this contract upon giving 90 days written notice of termination or revision upon the other party by personally serving such written notice upon Eagle Enterprises Recycling or the City of Canton as the case may be. This contract will remain in full force and effect indefinitely unless the aforesaid written notice to terminate or revise is given by either party, and the contract period shall be from September 1 to August 31 each and every yeaz. A 90-day written notice to terminate or revise this contract is hereby defined as a written statement from the governing body of the City of Canton or Eagle Enterprises Recycling, stating that the contract shall become null and void or revised 90 days after the date upon which notice is given by the party desiring termination or revision of the contract to the other party. In the event of the City deciding to institute City-wide mandatory curbside recycling program, the Contractor will be given the first opportunity to propose a program and negotiate with the City on price prior to any bidding or request for proposal being issued by the City. SECTION TWENTY- SIX WAIVER A waiver of any breach of this agreement shall not constitute or operate as a waiver of any other breach of such provision or any other provisions, nor shall any failwe to enforce any provision operate as a waiver of that provision or of any other provision. SECTION TWENTY- SEVEN GOVERNING LAW This agreement is entered into and is to be performed in the State of Illinois. The City and Contractor agree that the laws of the State of Illinois shall govern the rights, obligations, duties and liabilities of the parties to this agreement and shall govern the interpretation of this agreement. SECTION TWENTY- EIGHT SECTION HEADINGS Section headings contained herein aze for convenience only, and aze not intended to be used as aids to interpretation and aze not binding on the parties. SECTION TWENTY- NINE SEVERABILITY The invalidity of one or more phrases, sentences, clauses or sections contained in this agreement shall not affect the validity of the remaining portion of the agreement, so long as the material purposes of this agreement can be determined and effectuated SECTION THIRTY SUCCESSORS AND ASSIGNS This agreement shall be binding upon the parties and any successors or assigns permitted in accordance with the terms and conditions of this agreement. 6 SECTION THIRTY-ONE BANKRUPTCY In the event the Contractor shall be adjudged bankrupt, either by voluntary or involuntary proceedings, then this agreement shall immediately terminate, and in no event shall this agreement be, or be treated as an asset of Contractor after adjudication of bankruptcy. If Contractor shall become insolvent, or fail to meet its financial obligations, then this agreement may be terminated at the option of the City on fifteen (15) days written notice to Contractor, and in no event shall this agreement be, or be treated as an asset of Contractor after the exercise of such option. This agreement is not assignable by Contractor either voluntarily or involuntarily, or by process of law, except as provided herein, and shall not be or come under the control of creditors, or trustee, or trustees of Contractor in the case of banlwptcy, or insolvency of Contractor, but shall be subject to termination as provided above. SECTION THIRTY-TWO SUPERVISION OF PERFORMANCE The City Mayor or his/her designee shall supervise contractor performance of this agreement. If, at any time during the life of this agreement, performance satisfactory to the City Mayor shall not have been made, the Contractor, upon notification by the City Mayor, shall increase its work force, tools and equipment as needed to properly perform this agreement to the satisfaction of the City Mayor. The failure of the City Mayor to give notification shall not relieve the Contractor of its obligation to perform the work at the time and in the manner specified in this agreement. SECTION THIRTY-THREE SETTLEMENT OF DISPUTES Where any dispute arises between a resident and Contractor as to the manner of placing recyclables or the nature of the contents or the like, Contractor agrees in the specific instance to remove recyclables even though, in its opinion, it is improperly placed or contained. Thereafter, Contractor will immediately report the controversy to the City Mayor for settlement before additional collection becomes necessary in order to avoid further disputes or disagreements between residents and Contractor employees. SECTION THIRTY-FOUR COORDINATION OF CONTRACT Contractor will coordinate and cooperate with the City to assure that an efficient, convenient and orderly service is delivered to residents and will furthermore work to assure that Contractor provided services will not interfere with other City activities or services. SECTION THIRTY- FIVE RIGHTS & REMEDIES CUMULATIVE All rights and remedies of the City enumerated in this agreement are cumulative and none will exclude any other rights or remedies allowed by law. SECTION THIRTY-SIX OWNERSHIP OF MATERIALS All recyclables by the Contractor under this agreement shall become the property of the Contractor when collected. SECTION THIRTY-SEVEN RECYCLING COLLECTION CARTS (a) The Contractor shall supply under the base pricing referenced in Section Six of this Agreement, collection carts to each subscribing residential unit. (b) The cart shall be designed and constructed for recycling collection with a tightly closing attached lid, push handle and two wheels. The cart shall be constructed of molded plastic. Carts shall be individually identifiable and be permanently marked with the Contractor's name and logo. (c) The Contractor shall be responsible for repairing and replacing any damaged carts during the term of the contract. 7 SECTION THIRTY- EIGHT ENTIRETY This agreement is the entire agreement of the parties as to the matters contained herein. Any oral representations or modifications concerning this agreement shall be of no force and effect. IN WITNESS WHEREOF, the parties have executed this agreement in two (2) original counterparts at Canton, Illinois, on the day and year first above written. CITY OF~~ C~iT BY: City Mayor AT EST: City Clerk (Seal) EAGLE ENTERPRISES RECYCLING, INC. BY: ~~ President ATTEST: _ S cretary (Seal) "City" "Contractor"