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HomeMy WebLinkAboutResolution #3916 - agreement for disposal of residential solid waste with waste management RESOLUTION NO. 3 916 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF RESIDENTIAL SOLID WASTE WITH WASTE MANAGEMENT OF ILLINOIS, INC. AND THE CITY OF CANTON AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the Public Warks Committee has determined that it is necessary and in the best interests of the City of Canton to enter into an Agreement for the Disposal of Residential Solid Waste with Waste Management of Illinois, lnc. that would secure per ton unit prices through February 28, 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 E~ibit "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 2nd day of March , 2010 upon a roll call vote as follows: AYES: Aldermen Reed, Schenck, West, Sarff, Rivero, Ellis, Hartford, Pickle. NAYS: Nays . ABSENT: None. APP OVED: Kevin R. Meade, Mayor ATTEST: r,w~~ `s~ Nancy S. ites, City Clerk ~ WASTE NI/WA6EMENTO WASTE MANAGEMENT 3552 E Washington Street P.O. Box 2506 East Peoria, IL 61611 (800) 796-9696 J1riU~ 27, 201~ (309) 694-6436 Fax The City of Canton Mr. Clif O'Brien Public Works Director 8 North Main Street Canton, Illinois 61520 Director O'Brien, Thank you for your continued interest in Municipal Solid Waste disposal services from Waste Management. At your request, I have prepared sample contract language, based in large part on our existing agreement, with these notable revisions: Effective Date: The agreement is based on a three-year term, to begin on acceptance of the agreement. If the City wishes to take advantage of the Envirofil price structure, you may begin deliveries immediately. The only requirement for deliveries to begin is the signature of the previously delivered `Schedule A', which allows Waste Management to open an account at the revised price structure. Term: Waste Management proposes a three-year agreement, beginning on acceptance of the agreement and terminating on February 28, 2013. ~ Primary Facilitv Desi ng ation: The Envirofil Landfill would be designated as the primary disposal facility for Residential Solid Waste generated and collected by the City of Canton. All of the existing terms and conditions of our current agreement are reproduced in this document, including the critical item from SECTION TEN: (b) Ownership of Material: A(1 waste deposited by the City with the Contractor under this agreement shall become the property of the Contractor when deposited. We appreciate this opportunity to continue our partnership with the City of Canton and look forward to your reaction to this proposal. Sincerely, David M. Schaab Municipal Marketing Manager Office: 309-699-9982 Mobile: 309-208-2221 Email: dschaab@wm.com From everyday coilection to environmental protection, Think Green~ Think Waste Management. ~ Aint¢d on 700% pasEmnsumer reryded paper. AGREEMENT F~R THE DISPOSAL OF RESIDENTLAL SOLID WASTE, CITY OF CANTON, ILLINOIS This Agreement for the Disposal of Residential Solid Waste, City of Canton, Illinois, is made this day of 2010, by and beiween the City of Canton, Illinois, 2 North Main Street, Canton, Illinois 6I520 (hereinafter referred to as the "City") and Waste Management of Illinois, Inc., 13998 N 1400 Avenue, Macomb, Illinois 61455 (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 is required ta provide for the safe and economical disposal of residential waste, and WHEREAS, the City has the authoriry to enter into contracts for the purpose of providing for the disposal of solid waste pursuant to Section 11-9-1 of the Illinois Municipal Code (65 I(linois Compiled Statutes 5/11-19-1); and WHEREAS, the Contractor desired to provide waste disposal service to the City for the term and consideration detailed below; and WHEREAS, the parties desire to reduce this agreement to writing. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES OF THE PARTIES, THEY AGREE AS FOLLOWS: SECTION ONE DEFINITIONS Whenever the following terms occur in this agreement, they shalt have shall have the meanings provided in this Section, unless the context clearly requires otherwise: (a) Ashes: Residue from fires used for cooking and for heating buildings. {b) Com~st: The humus like product of the process of composting waste. (c) Compostine: The biological treatment process by which micro-organisms decompose the organic fraction of waste, providing compost. (d) Garba e: Wastes resulting from the handling, processing, cooking and consumption of food and wastes resulting from the hand[ing, processing, storage and sale of produce. (e) Hazardous Substances: Any substance, which is toxic, corrosive, an irritant, a strong sensitizer, flammable, combustible or which generates pressure .through decomposition, heat, or other means and which may cause substantiat personal injury or illness during, or as a proximate result of, any customary or reasonably anticipated handling or use, and also includes any radioactive substance. Hazardous Waste: A waste or combinarion of wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed, and which has been identified by characteristics or listing, as hazardous pursuant to Section 3001 of the resource Conservation and Recovery Act of 1976 (42U.S.C. Sec.6921) or pursuant to other statute, rule or exception. (g) Resident: An occupant of a residential unit as described herein. (h) Residential Unit: A single family or duplex residential dwelling located within the corporate limits of the City receiving waste collection and disposal services by the City. (i) Refuse: Combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding; non-combustibte trash, including, but not limited to, metals, tin cans, metal furniture, dirt, small quantities of rock, and pieces of concrete, brick, glass, crockery, other mineral waste, street rubbish, including, but not limited to, dirt, contents of letter receptactes, but refuse does not inc{ude earth and was[es from building operations, hazardous substances, hazardous wastes, nor shall it include and wastes resulting from industrial processes and manufacturing operations such as faod processing wastes, boiler house cinders, lumber, scraps, shavings and Christmas trees. (j) Residential Waste: Garbage, refuse, ashes and other general household waste. (k) Landsca~e Waste: All accumulations of grass or shrubbery cuttings, leaves, tree timbs, and other materials accumulated as a result of the care of lawns, shrubbery, vines, and trees. SECTION TWO SCOPE 4F SERVICES Contractor shall provide waste disposal services as follows: (a) Di~osal of Residential Waste: Contractor shall accept for disposal at Envirofill of Illinois, Inc., 13998 140d'~ Avenue, Macomb, Illinois 61455 until at least February 28, 2013, all Residential Waste col(ected by the City of Canton, Illinois fi~om Residential Units in the City of Canton, and atl waste coilected by the City from City facilities. (b) Enviroftl Landfill of Waste Management of Illinois, Inc. t 3998 North 1400 Road, Macomb, Illinois 61455 will be designated at the primary disposal facility for the Residential Waste collected and de(ivered by the City of Canton, Illinois. (c) Contractor shall provide disposal for all acceptable waste generated as a result of acts of God, such as, but not limited to, ice storms, thunderstorms, tomadoes, etc., for the per ton unit price specified in SECTION FIVE. SECTION THREE REGULATIONS REGARDING SERVICES (a) ~ecial Items: Contractor shall not be required to accept landscape waste, moSor vehicles (or their part:;), motor vehicle batteries, propane tanks, biohazardous or infections medical waste, pesticides, herbicides, motor oii, paint, or liquid wastes; sewage and lime sludge, construction or demolition debris, hazardous substances or hazardous waste for disposal. (b) Other R~ulations: Contractor may suggest other methods or regulations, which shail assist the efficient and orderty disposal of Residential Waste. The City shall consider suggestions and accept or reject them, at its sole discretion. SECTION FOUR TERM Three-Year Agreement, This agreement shall be for a three-year period. The agreement shall be in full force and effect commencing on the date the agreement is approved by the City and the Contractor ("Commencement Date"), but with the pricing for disposal effective March 1, 2010, and shall terminate on February 28, 2013, unless the term is extended by mutual agreement of both parties. SECTION FIVE PR.ICE The City agrees to pay the Contractor for services provided herein as follows: (a) Disposal of Residential Solid Waste Base Price: (i) For the first year of this agreement, commencing March 1, 2010, or upon acceptance of this agreement, a per ton unit price of $37.00 per ton of waste delivered for disposal. (ii) For the second year of this agreement, commencing March l, 2011, a per ton unit price of $ 38.50 per ton of waste delivered for disposal. (iii) For the third year of this agreement, commencing March 1, 2012, a per ton unit price of $ 40.00 per ton of waste delivered for disposal. (b) Disposal for Act of God Events: (i) For the furst year of this agreement, commencing March 1, 2010, or upon acceptance of this agreement, a per ton unit price of $37.00 per ton of waste delivered for disposal. (ii) Eor the second year of this agreement, commencing March 1, 20I 1, a per ton unit price of $38.50 per ton of waste delivered for disposal. (iii} For the third year of this agreement, commencing March 1, 2012, a per ton unit price of $40.00 per ton of waste delivered for disposal. SECTION SIX METHOD OF PAYMENT The Contractor shall issue a single invoice to the City for all services on a monthly basis. Payment for services shall be made on or before the 20~' day of the month for the preceding month's services. SECTION SEVEN COMPLIANC~ WITH LAW Contractor shall comply with all locai, state and federal statutes, rules and regularions, including, but not limited to, all environmental protection laws, minimum wage laws, equal employment and nondiscrimination laws. . SECTION EIGHT INSURANCE BOND AND INDEMNIFICATION Contractor agrees to carry and maintain in force, at the Contractor's own expense, the following insurance or insurance coverage: (a) Worker's Compensation [nsurance: As required by the State of Iliinois. (b) General Liability CoveraQe: Including combined single limit of Bodily injury and property damage of $1,000,000.00. (c) Automobile Liability Insurance: Including combined single limit of Bodily injury and property damage of $1,000,000.00. (d) City shall be included as an additional insured on the General Liability Policy and Automobile Liability Policy. Contractor shall provide the City at all times with certificates of insurance for all coverages and keep such certificates ftled with the City current. The City shali receive not iess than thirty (30) days written notice of modification, suspension, cancellation or non-renewa[ of any po(icy. SECTION NINE INDEMNITY In order to protect the City against a failure to perform, the Contractor shall: (a) Contractor agrees to protect, indemnify and hold harmiess the City against all loss, expenses, damage, charges and costs (including court costs and attorney's fees) for injury to or death of persons and damages to or destzvction of property suffered or alleged to have been suffered as a result of any act or omission on the part of Contractor or others whose service is engaged by Contcactor or anyone directly or indirectly employed or controiled by either of them in the course of the performance of the work provided for in this agreement, unless such injury, damage, destruction, or death as may be caused by negligence or fault of the City. (b) This indemnification provision is also the responsibility of the owner and/or the operator of the pollution control facility and/or landfill and includes, but is not limited to, claims against the City or Contractor which arise out of, are related to, or are based upon the dispersal, discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquid gases, or any other material, irritant, contaminant, or pollutant or hazardous materials as defined by IEPA or USBPA now or in the future or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface (a) soil, (b) water or watercourse, (c) objects, or (d) any tangible or intangible matter, whether sudden or not. (c) The Contractor acknowledges that the City is a corporation and agrees that any claim made by the Contractor arising out of any act or omission of any director, officer or employee of the City in the execution or performance of this agreement shall be made against the City and not against such d'uector, officer or employee. SECTION TEN DISPOSAL (a) Residential Waste: All Residential Waste to be disposed of pursuant to this agreement shall be disposed of in a sanitary landfill or other similar facility properly licensed by an appropriate State agency. (b) Ownership of Material: All waste deposited by the City with the Contractor under this agreement shall become the propercy of the Contractor when deposited. SECTION ELEVEN INTERRUPTION OF SERVICE Except for acts of God or disaster, in the event Conh~actor carui,ot provide disposai services the City may, at its option, make altemate arrangements for the disposal of Residential Wasie and shall be entitled to charge any • reasonable expense over and above the fees provided for herein to Contractor. SECTIOiv TWELVE HOLIDAYS Contractor may observe the following holidays: (a) New Year's Day (b) Memorial Day (c) Tndependence Day (d I.abor Day (e) Thanksgiving Day Christmas Day SECTTON THIRTEEN LICENSES AND PERMITS Contractor shall obtain and maintain in full force and effect during the entire term of this agreement at its sole cost and expense, all licenses and permits requued by federal, state or local law. / SECTION FOURTEEN REPORTS Contractor shall furnish such monthly or annual reports.to the City as m eb~ oq~~u l~re od assdirected and shall this agreement. Such reports shall be filed at the end of the monthly, qu Y P be filled with the City Clerk. Reports shall include data on the tonnage of all wastes, which are disposed of pursuant to this contract. Said tonnage shall be verifiable through weight~tickets and said reports are to be provided in such form and manner as the City may direct. SECTION FIFTEEN 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 SIXTEEN NOTYCES All notices required or contemplated by this agreement shall be personally served or mailed, postage prepaid and retum receipt requested, addressed to the parties as follows: City: Tlie City of Canton Contractor: Waste Management of Illinois, [nc. City Clerk Municipal Marketing Manager 2 N. Main Street 3552 E. Washinb on S~eet Canton, IL 61520 East Peoria, IL 61611 or to such other address as the parties may designate in writing. SECTION SEVENTEEN ADMIIVISTRATION (a) Administration and enforcement of this agreement shall be the responsibility of the Mayor or his/her designated representative or representatives. (b) The 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 EIGHTEEN AMENDMENTS (a) It is the intention and agreement of the parties ehat all provisions of law required to be reflected herein, shall be and are included herein. However, if by mistake or otherwise, some such Phe a I eement shall be amended~ or as not reflected herein in proper form, then upon apptication of either pariy, 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 cGanging 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 NINETEEN NO FRANCHISE INTENDED It is the understanding and intention of the parties that this agreement shall constitute an exclusive contract for the disposal of residential solid waste generated in the City, but that it is not a franchise, nor shall it be decreed or coastrued as such. SECTION TWENTY SUBCONTRACTING AND ASSIGNMENT Contractor shall not enter into any subcontracts, leases, agreements or assignments of or pertavning 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-ONE TERMINATION All terms and conditions of this agreement are considered material, and failure to perform any of the terms and conditions on the part of the Contractor shall be considered a breach of this agreement. Should Contractor fail to perform any of the terms or conditions, the City shall have the right to terminate this agreement upon forty eight (48) hours' written notice to th~ Contractor, unless the Contractor either cures or commences a cure within that period of time. SECTI4N TWENTY-TWO 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 sliall any failure to enforce any provision operate as a waiver of that provision or of any other provision. 5ECTION TWENTY-THR~E GOVERNING LAW ~ This agreement is entered 'vnto and is to be performed in the State of Illinois. 1'he City and the 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-FOUR SECTION HEADINGS Section headings contained herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION TWENTY-FIVE SEVERA.BILITY 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 purpose of this agreement can be determined and effectuated. SECTION TWENTY-SIX 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. SECTION TWENTY-SEVEN BANKRUPTCY In the event that 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 fifteeq (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 Con~actor, either voluntarily or involuntarily, or by process of law, except as provided herein, and shall not be or come under the control of a creditor, or trustee, or trustees of Contractor in tlie case of banla~uptcy, or insolvency of Contractor, but shall be subject to termination as provided above. SECTION TWENTY-EIGHT RIGHTS & REMEDIES CUMULATIVE All rights and remedies of the City enumerated in this agreement are cumulative and none will exclude any other right or remedies allowed by law. SECTION TWENTY-NINE ~ ~ BREACH OF CONTRACT If there is a breach of contract, the Director of Public Works shall, in writinS> notify the Contractor with substantiating details, specifying the alleged breach of contract. If, within seven (7) days after mailing such notice to the Contractor at the Contractor's regular place of business, the alleged breach of contract has not been corrected by the Contractor, the Contractor wilt be notified in writing of a hearing before the Director of Public Works within fifteen (15) days of such notice. The purpose of this hearing will be to investigate the circumstances, facts and other pertinent and relevant information pertaining to the alleged contract breach and to determine if the contract has, in fact, been breached, and immediate correction on the part of the Contractor cannot and will not be provided. It is the duty of the Mayor or his designee to initiate all legal recourse available to the City to effect contract performance and discharge of the work in tlie public interest. SECTION THIRTY INDEPENDENT CONTRACTING OR SUBCONTRACTING AND ASSTGNMENT (a) Contractor shall perform a!t work and services described herein as an independent contractor and not as 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 voluntary or by operation of law, without prior written approval of the Ciry. SECTION THIRTY-ONE STRIKES Contractor specifically agrees eason causeea stoppage or delay of any of theaobl gations of~he Contracto~ asrper employees shall not, for any ~ terms and conditions hereof. SECTION THIRTY-TWO COVENANT AGAINST CONTXNGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract or in connection with carrying out this contract, and that it has not paid or agreed to pay any cornpany or person, other thifts o~nanfidotherp,con iderat on, solely for the Contractor, any fee, commission percentage, brokerage fee, b Y contingent upon or resulting from the award or making other consideration, contingent upon or resulting from the award or making of, or the carrying out of, this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. SECTION THIRTY-THREE PREVAILING WAGE In the employment and use of labor, the Contractor shall coiiform to ail Illinois statutory requirements regarding labor, including, but not limited to, the following Act: ~ . An Act regulating wages of laborers, mechanics and other workmen employed 'u~ any public works by the state, county, city or any public body or any political subdivision or by anyone under the contract for public works, (Prevailing Wage Ac[, 820 ILCS 130/0.01, et seq.), which provides in part that the Contractor, Subcontractor, etc. shall pay to all laborers, workmen and mechanics performing ' work under the contract, not less than the prevailing rate of wages as determined by the Illinois Department of Labor. All bidders must complete the "Prevailing Wage Certification." In the employment and use of labor the Contractor shall conform to all Illinois Human Rights requirements regarding labor and human rights, including, but not limited to, the foilowing Act. An Act in regulation to employment and t?uman rights regulating Equal Employment Opportunities- Affirmative Action any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works, as amended (Illinois Numan Rights Act, Seetion 775 ILCS 5/2-105), which provides in part that the contractor, subcontractors, etc. shall have written sexual harassment poticies and a continuing harassment program. In addition, Contractors shall comply with the Public Works Preference Act, 30 ILCS 560/0.01, et seq. All bidders must complete the "Prevailing Wage Certification" and submit certified payroll on this project. SECTION THIRTY-FOUR ~UAL OPPORTUNITY EMPLOYER The bidder, in submission of the proposal, assures the City that it is an"Equal Opportunity Employer" as defined by Section (E) of Chapter 21, Title 42 of the United States Code Annotated and Federal Executive Orders #11246 and #11375, which are incorporated herein by reference, and as such shall not discriminate against any other person by reason of race, creed, color, religion, age, sex, or physical and mental handicaps with respect to the hiring, application for employment, tenure, terms or conditions of employment of any persons. SECTION THIRTY-FIVE FAIR EMPLOYMENT PRACTICE The Illinois Fair Employment Practice Commission Equal Opportunity Clause, as is required by Article II of the Illinois FEPC Rules and Regulations, is considered to be part of any contract or purchase agreement. A copy will be ~ attached to this agreement. SECTION THIRTY-SIX ENTIRETY This agreement is the entire ab eement of the parties as to the matters contained herein. Any oral representations or modifications concerning this ageement shall be of no force a~id effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement and affixed thereto their hands and seals on the day and year first above written. CITY OF CANTON,~I.LINOIS ~ < ~ ~ ~ . Z/ / A / By - _ ~ ~~-'4 MAYOR ~ ATTEST: ~ ~ L~'LL° L ~-Q.~ TY CLE WASTE MANA EMENT OF ILLINOIS, INC. BY ATTE T.