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R-888 - 10/26/2004 - AGREEMENT - Resolutions Supporting Documents,ice • J AGENDA ITEM Regular Board of Trustees Meeting of October 26, 2004 SUBJECT: Award of Agreement for Municipal Refuse, Recyclables, and Yard Waste Collection Services. FROM: Jeffrey P. Moline, Assistant Village Manager,,, BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to Approve an Agreement with BFI Waste Systems of North America, Inc., Melrose Park Illinois, and the Village of Oak Brook for Residential Refuse, Recyclables, and Yard Waste Collection Services from November 1, 2004 through December 31, 2007, thereby Waiving the Competitive Proposal Provisions of Village Code 1 -7 -4 and continuing Waste Collection Services with the Village's Existing Waste Hauler. Background /History: At the Village Board meeting of October 12, 2004, the Board approved a motion to reject all proposals received for the Oak Brook Municipal Waste Hauler and Recyclables Collection Service (refuse, recycling, and landscape waste). Further, the Village Board directed staff to negotiate with the current Oak Brook waste hauler, BFI. i As directed, staff met with representatives of BFI on Friday, October 15, 2004. The terms 'discussed mirrored the terms outlined in the current waste collection program for a term from November 1, 2004 through December 31, 2007. The result of the staff negotiations with BFI include the following: Maintain the existing collection day of Monday of each week; Maintain the optional second day of two day service as Thursday of each week; Established a set Holiday schedule in which collection day will trail by one day; Maintain the current optional collection packages: A. Once - Per -Week Curbside (Standard Collection): Flat rate collection service of Refuse and Recyclables and "volume- based" Yard Waste; B. Twice- Per -Week Curbside: Flat rate collection service of Refuse and Recyclables and Last saved by Administrator J \My Documents\ASSISTANT MANAGER FILES \W0RDD0C \TRASH\2004 Contract\AGENDA 2004 Award of Agrmt BFI doc Last printed 10/22/2004 1 42 PM 14 e "volume- based" Yard Waste; C. Once - Per -Week Back Door: Flat rate collection service of Refuse and Recyclables and curbside "volume- based" Yard Waste; D. Twice- Per -Week Back Door: Flat rate collection service of Refuse and Recyclables and curbside "volume- based" Yard Waste collection. The rates for these options were submitted according to two payment options: 1) Customer Billing; and 2) Municipal Billing and the rates are as follows: BFI Waste Systems of North America, Inc. The following are the rates submitted by BFI that, if approved, would be in effect from November 1, 2004 through December 31, 2007 Rates provided for Customer BillinLy (Status Ouo): Options Description Year 1 Year 1 Year 2 Year 3 Current November January 1, January 1, January 1, with BFI 1, 2004 to 2005 to 2006 to 2007 to December December December December 31, 2004 31, 2005 31, 2006 31, 2007 Customer Once -Per- 12.51 13.55 14.00 14.50 12.51 Billing Week Curbside Twice -Per- 19.24 21.35 22.30 23.30 19.24 Week Curbside i Once -Per- 19.09 20.00 20.75 21.45 19.09 Week Back Door Twice -Per- 28.64 29.90 30.95 32.00 28.64 Week Back Door Yard Sticker 1.82 1.96 2.05 2.14 1.82 Rates provided for Billing through the Village of Oak Brook (One Invoice): Options Description Year 1 Year 1 Year 2 Year 3 Current November January 1, January 1, January 1, with BFI! 1, 2004 to 2005 to 2006 to 2007 to December December December December 31, 2004 31, 2005 31, 2006 31, 2007 Municipal Once -Per- N/A 12.80 13.25 13.70 N/A I Billing Week Curbside Twice -Per- N/A 21.35 22.30 23.30 N/A Week Curbside Once -Per- N/A 19.90 20.60 21.30 N/A Last saved by Administrator J \My Documents\ASSISTANT MANAGER FILES \W0RDD0C \TRASH\2004 Contract\AGENDA 2004 Award of Agrmt BFI doc Last printed 10/22/2004 1 42 PM In addition, the Agreement requires the following specific provisions by the contractor for the life of the agreement: 1 Performance Bond of $125,000 (approximately 3 months of Collections revenue); 2) Non - Assignment Clause with stipulation; 3) Optional Billing Procedures at the Village's discretion; 4) Village Requirements for Insurance Coverage, Indemnification; 5) Damage Provisions for non - performance /strikes; 6) Village of Oak Brook Facilities to receive free standard service; 7) Two free Christmas Tree Collections for Residents; 8) Alternate Quote for Special Services, i.e., Street Cleaning (in the event Public Works would require back -up) and alternate quote for Leaf Hauling to assist the Village Leaf Program performed by Public Works; and 9) A required Transition Period/ "Grace" Period for residents to insure a smooth transition between agreements, including the ability for residents to utilize yard waste stickers purchased at lower rates and freeze the current rates until December 31, 2004. In addition, the agreement requires public notification to residents in the form of brochures and newsletters to keep residents informed of any and all changes in services prior to the changes occurring. BFI and Staff have targeted November 15, 2004 for the first mailing to go out as the grace period of the Agreement freezes the current provisions including rates through December 3 1, 2004. Recommendation: Based on the long relationship with BFI and the rates as presented, Staff recommends the Village Board approve the Agreement with BFI Waste Systems of North America, Inc., Melrose Park Illinois, and the Village of Oak Brook for Residential Refuse, Recyclables, and Yard Waste Collection Services from Novemebr 1, 2004 through December 31,E 20079 thereby Waiving the Competitive Proposal Provisions of Village Code 1 -7 -4 and continuing Waste Collection Services with the Village's Existing Waste Hauler. Attachments Exhibit 1 Agreement between the Village of Oak Brook and BFI for Municipal Waste And Recycling Collection Service Exhibit 2 Waste Hauling Survey I Last saved by Administrator J \My Documents\ASSISTANT MANAGER FILES \W0RDD0C \TRASH\2004 Contract\AGENDA 2004 Award of Agrmt BFI doc Last onnted 10/22/2004 1 42 PM Week Back Door Twice -Per- N/A 2915 30.15 31.20 N/A Week Back Door Yard Sticker N/A 1.96 2.05 2.14 N/A In addition, the Agreement requires the following specific provisions by the contractor for the life of the agreement: 1 Performance Bond of $125,000 (approximately 3 months of Collections revenue); 2) Non - Assignment Clause with stipulation; 3) Optional Billing Procedures at the Village's discretion; 4) Village Requirements for Insurance Coverage, Indemnification; 5) Damage Provisions for non - performance /strikes; 6) Village of Oak Brook Facilities to receive free standard service; 7) Two free Christmas Tree Collections for Residents; 8) Alternate Quote for Special Services, i.e., Street Cleaning (in the event Public Works would require back -up) and alternate quote for Leaf Hauling to assist the Village Leaf Program performed by Public Works; and 9) A required Transition Period/ "Grace" Period for residents to insure a smooth transition between agreements, including the ability for residents to utilize yard waste stickers purchased at lower rates and freeze the current rates until December 31, 2004. In addition, the agreement requires public notification to residents in the form of brochures and newsletters to keep residents informed of any and all changes in services prior to the changes occurring. BFI and Staff have targeted November 15, 2004 for the first mailing to go out as the grace period of the Agreement freezes the current provisions including rates through December 3 1, 2004. Recommendation: Based on the long relationship with BFI and the rates as presented, Staff recommends the Village Board approve the Agreement with BFI Waste Systems of North America, Inc., Melrose Park Illinois, and the Village of Oak Brook for Residential Refuse, Recyclables, and Yard Waste Collection Services from Novemebr 1, 2004 through December 31,E 20079 thereby Waiving the Competitive Proposal Provisions of Village Code 1 -7 -4 and continuing Waste Collection Services with the Village's Existing Waste Hauler. Attachments Exhibit 1 Agreement between the Village of Oak Brook and BFI for Municipal Waste And Recycling Collection Service Exhibit 2 Waste Hauling Survey I Last saved by Administrator J \My Documents\ASSISTANT MANAGER FILES \W0RDD0C \TRASH\2004 Contract\AGENDA 2004 Award of Agrmt BFI doc Last onnted 10/22/2004 1 42 PM Jeffrev P. Moline r i r From: Richard Vandermolen [Richard Vandermolen @awin.com] Sent: Friday, October 22, 2004 3 38 PM To: Jeffrey P Moline Subject: Oak Brook i This memo is to confirm that BFI agrees to the agreement as revised on Friday October 22, 2004. Richard Vandermolen Municipal Affairs Manager BFI- Melrose Park Division Fax: 708.345.2578 Mobile: 847.284.6884 Phone: 708 345.7050 ext. 2143 1 C L C C M �t O N '�_• C N +� C N O LO (D 'a) = O co •N O •� O ti O N O N i t 0 L O U N E N E N v m ate+ 5 m .4+ _ E .O . 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CO -�--� C _O rt-1 En X LO o p o O a) CQ U W c� `r ° LO 0 o U 3 Lf) o C O J m I m c o O O O o 0 >, o }- '� 0 o O 0 co O rn C M LO T C6 N U � � rill 1 O Y CU O L m di O � U) O LO 0 N N O L L Y ` a O O CU a �-0 O .L C N 0 OL Y E ti CD C_ cn O- a) Lo U m a N 0 U co d� LO J F-- N 0 J Ui U N Z� 1^ 8. B. 2) should be the ordinance rather than the garbage collection. Trustee Caleel responded that it is not that the Board of Trustees does not want to do it but that there is a $2,000,000 shortfall of where the budget was last year at this time. If the Board approves a utility tax reduction and then approves the Village paying for garbage pickup, all of the funding will have spent. Trustee Zannis remarked that if the Village has a shortfall of $1,000,000 and the Village will have infusion of $2,250,000 from the sales tax revenue that would leave $1,250,000 to be on par. Trustee Caleel then responded that the Village does not meet the six -month requirement and the financial projections indicate it will be even worse. Trustee Zannis suggested that the Finance Director would need to build his budget based on the direction the Board of Trustees presents to him. If the Board states that it is necessary to fulfill the six -month ordinance commitment, then the budgets will be built accordingly. If this is not done, then the budgets will be built accordingly. Trustee Caleel offered that the Board have everything remain as it is now 'and after the budget is before the Board, then determine whether the Village could afford garbage collection and /or decrease the utility tax rate by 1 %. Then the Board could also determine how to address the Village's financial situation and would the Village have a six -month cash reserve. Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance 2004- TX -UT -G -763, "An Ordinance Further Amending Ordinance G -470, Establishing A Utility Tax Within the Village of Oak Brook, Illinois ". ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf. Nays: 1 - Trustee Zannis Absent. 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) AESOLUTION 2004- AG- SW- D -EX1 -R -888 "A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR RESIDENTIAL MUNICIPAL WASTE AND RECYCLING COLLECTION SERVICES" At the Village Board meeting of October 12, 2004, the Board approved a motion to reject all proposals received for the Oak Brook Municipal Waste Hauler and Recyclables Collection Service (refuse, recycling, and landscape waste). Further, VILLAGE OF OAK BROOK Minutes Page 14 of 21 October 26, 2004 �� r M., 8. C. 1) the Village Board directed staff to negotiate with the current Oak Brook waste hauler, BFI. As directed, staff met with representatives of BFI on Friday, October 15, 2004. The terms discussed mirrored the terms outlined in the current waste collection program for a term from November 1, 2004 through December 31, 2007. The result of the staff negotiations with BFI include the following: Maintain the existing collection day of Monday of each week; Maintain the optional second day of two day service as Thursday of each week; Established a set Holiday schedule in which collection day will trail by one day; Maintain the current optional collection packages: A. Once - Per -Week Curbside (Standard Collection): Flat rate collection service of Refuse and Recyclables and "volume- based" Yard Waste; B. Twice - Per -Week Curbside: Flat rate collection service of Refuse and Recyclables and "volume- based" Yard Waste; C. Once - Per -Week Back Door: Flat rate collection service of Refuse and Recyclables and curbside "volume- based" Yard Waste; D. Twice -Per -Week Back Door: Flat rate collection service of Refuse and Recyclables and curbside "volume- based" Yard Waste collection. The rates for these options were submitted according to two payment options: _ 1) Customer Billing; and 2) Municipal Billing and the rates are as follows: BFI Waste Systems of North America, Inc. The following are the rates submitted by BFI that, if approved, would be in effect from November 1, 2004 through December 31, 2007 Rates provided for Customer Billing (Status Ouo)- Options Description Year 1 Year 1 Year 2 Year 3 Current November January 1, January 1, January 1, with BFI 1, 2004 to 2005 to 2006 to 2007 to December December December December 31, 2004 31, 2005 31, 2006 31, 2007 Customer Once -Per- 12.51 13.55 14.00 14.50 12.51 Billing Week Curbside Twice -Per- 1924 21.35 22.30 23 30 19.24 Week Curbside Once -Per- 19.09 2000 20.75 21 45 1909 Week Back VILLAGE OF OAK BROOK Minutes Page 15 of 21 October 26, 2004 G 8C 1) F Rates provided for Billinp, thrnuoh the VillacrP of (lair Rrnnlr (nria T„t7r% ;I'vl- Options Door Year 1 Year 1 Year 2 Year 3 Current Twice -Per- 28.64 2990 30.95 32.00 28.64 Week Back 1, 2004 to 2005 to 2006 to 2007 to Door December December December December Yard Sticker 1.82 1 96 2.05 2.14 1 82 Rates provided for Billinp, thrnuoh the VillacrP of (lair Rrnnlr (nria T„t7r% ;I'vl- Options Description Year 1 Year 1 Year 2 Year 3 Current November January 1, January 1, January 1, with BFI 1, 2004 to 2005 to 2006 to 2007 to December December December December 31, 2004 31, 2005 31, 2006 31, 2007 Municipal Once -Per- N/A 12.80 13.25 13.70 N/A Billing Week Curbside Twice -Per- N/A 21.35 22.30 23.30 NIA Week Curbside Once -Per- N/A 1990 20.60 21.30 N/A Week Back Door Twice -Per- N/A 29.15 30.15 31.20 N/A Week Back Door Yard Sticker N/A 1.96 2.05__j 2.14 N/A In addition, the Agreement requires the following specific provisions by the contractor for the life of the agreement: 1) Performance Bond of $125,000 (approximately 3 months of Collections revenue); 2) Non - Assignment Clause with stipulation; 3) Optional Billing Procedures at the Village's discretion; 4) Village Requirements for Insurance Coverage, Indemnification; 5) Damage Provisions for non - performance /strikes; 6) Village of Oak Brook Facilities to receive free standard service; 7) Two free Christmas Tree Collections for Residents; 8) Alternate Quote for Special Services, i.e., Street Cleaning (in the event Public Works would require back -up) and alternate quote for Leaf Hauling to assist the Village Leaf Program performed by Public Works; and 9) A required Transition Period/ "Grace" Period for residents to insure a smooth transition between agreements, including the ability for residents to utilize yard VILLAGE OF OAK BROOK Minutes Page 16 of 21 October 26, 2004 0 8. C. 1) waste stickers purchased at lower rates and freeze the current rates until December 31, 2004. In addition, the agreement requires public notification to residents in the form of brochures and newsletters to keep residents informed of any and all changes in services prior to the changes occurring. BFI and Staff have targeted November 15, 2004 for the first mailing to go out as the grace period of the Agreement freezes the current provisions including rates through December 31, 2004. Trustee Caleel made a motion to continue this until the budget is addressed by the Board of Trustees as they would know whether it is affordable to bid out in terms of the Village paying for it or whether residents. President Quinlan suggested there could be a problem with this as the contract terminates as of October 31, 2004 Trustee Caleel offered that since BFI has been with the Village a long time that they may be willing to continue at the present rate f' until such time as the budget is addressed by the Board of Trustees. a' 3 Village Manager Boehm explained that according to the agreement the collection rate would continue as it is through the end of the year. BFI would bill the residents directly unless the Board decides to do a direct bill to the Village of Oak Brook. Trustee Caleel noted that when he looked at the bids in terms of what was being offered for the Village paying, there should be some consideration that they are sending one bill rather than 3,000 President Quinlan stated there was a reduction but Trustee Caleel indicated it was not enough Manager Boehm stated it would be at the discretion of the provider if they wish to continue garbage service to the residents in Oak Brook. The Board had asked staff to come back and negotiate a contract with BFI as they had not discussed this. BFI did meet and exceed the low proposal that was previously submitted. Trustee Korin noted that the Board had requested that BFI come back to the table because of the Board's concern of losing their service of twenty (20) years to the residents of Oak Brook as they had good approval ratings with their service. She suggested that, acting in good faith, the Board should decide on this whether the Village pays for removal of garbage or individual citizens. In each case BFI met Crown's bid and when they were lower than Crown in certain areas, they kept it lower. She stated that BFI came to the table and recommended that the Board pass the motion. VILLAGE OF OAK BROOK Minutes Page 17 of 21 Leo October 26, 2004 8 C. 1) Trustee Caleel withdrew his motion. Motion by Trustee Aktipis, seconded by Trustee Yusuf, for passage of Resolution 2004- AG- SW- D -EXl -R -888, "A Resolution Authorizing Execution of Agreement for Residential Municipal Waste and Recycling Collection Services" and thereby waiving the Competitive Proposal Provisions of Village Code 1-7-4, ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Abstain. 1 - Trustee Caleel. Absent: 0 - None Motion carried. D. APPOINTMENT OF PERMANENT POLICE CHIEF -- MOTION TO ADOPT A RESOLUTION Trustee Aktipis, joined by other trustees, have requested that this matter be placed on the agenda. Trustee Aktipis commented that residents appeared before the Board this evening and they made various comments many of which include substantial amounts of misinformation and misunderstanding of what the real issues have been between the Board of Trustees and the Village President. He believes that by perpetuating those misunderstandings that this would not be a good service to the Board of ;Trustees, Village President and residents and to themselves. There seems to be some notion that the name of the family that is central to the legal deliberations came out of the' result of the Trustees taking some action that exposed them. He indicated that the fact remains the name became public during court proceedings that were initiated by the Village President. During legal proceedings there is always a risk of names coming to the surface but they were not spelled out by any Trustee as he was present in those proceedings. Trustee Aktipis stated that the motion is to put a limit on the temporary appointment that the Village President has presented to the Board several months ago. It should be clear to all residents that, in spite of claims to the contrary, that there hasn't been any personal animosity or egos between the Village President and Board of Trustees. The Village Trustees and the President have had a fairly good working relationship during the early part of the President's tenure but some serious questions were raised among the Trustees when an attempt was made to use a temporary appointment as a way of bypassing the process of a permanent appointment that would require the consent and participation of the Trustees. Trustee Akkipis remarked that the Board is in a position today to pass a resolution as VILLAGE OF OAK BROOK Minutes Page 18 of 21 October 26, 2004 `G